ORS § 634.063 — OR Code / Title 49 / Chapter 634 / Section 634.063
634.063 Exceptions to state preemption of pesticide regulation
Status: in_force

Nothing in ORS 634.057 (State preemption of local pesticide regulation) shall limit the authority of a city, town, county or other political subdivision of this state to adopt or enforce a local ordinance, rule or regulation strictly necessary to comply with:

(1) The Uniform Building Code published by the International Conference of Building Officials, as amended and adopted by the Director of the Department of Consumer and Business Services;

(2) A uniform fire code; or

(3) Any requirement of a state or federal statute or regulation pertaining to pesticides. [1996 c.10 §10 (enacted in lieu of 634.013)]

Source: Section 634.063 — Exceptions to state preemption of pesticide regulation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 632.990 — OR Code / Title 49 / Chapter 632 / Section 632.990
632.990 Criminal penalties
Status: in_force

(1) Violation of any provision of ORS 632.275 (Filing trademark for containers, equipment and supplies for fruit and vegetables) to 632.290 (Acquiring of marked containers, supplies and equipment) or of any rule adopted under ORS 632.275 (Filing trademark for containers, equipment and supplies for fruit and vegetables) to 632.290 (Acquiring of marked containers, supplies and equipment) is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense.

(2) Violation of any provision of ORS 632.450 (Definitions for ORS 632.450 to 632.485) to 632.490 (Labeling fruit or vegetables as Oregon grown or packed) or of any rule adopted under ORS 632.450 (Definitions for ORS 632.450 to 632.485) to 632.490 (Labeling fruit or vegetables as Oregon grown or packed) is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense.

(3) Violation of ORS 632.625 (Violation of walnut and filbert law prohibited) is a Class C misdemeanor.

(4) Violation of any provision of ORS 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) is a Class D violation for a first offense, and a Class B violation for a second or subsequent offense.

(5) Violation of any provision of ORS 632.900 (“Horticultural and agricultural products” defined) to 632.985 (Transporting of agricultural or horticultural products subject to inspection) or of any rule adopted under ORS 632.900 (“Horticultural and agricultural products” defined) to 632.985 (Transporting of agricultural or horticultural products subject to inspection) is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense. [Amended by 1955 c.363 §13; 1955 c.711 §15; subsection (2) of 1955 Replacement Part enacted as 1955 c.363 §15; subsection (3) enacted as 1955 c.711 §16; 1975 c.748 §18a; 1997 c.410 §4; 1999 c.1051 §212; 2003 c.14 §381; 2009 c.175 §2; 2011 c.597 §255; 2013 c.120 §5; 2019 c.108 §5]

Source: Section 632.990 — Criminal penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 618.211 — OR Code / Title 49 / Chapter 618 / Section 618.211
618.211 Labeling of packaged commodities
Status: in_force

(1) Except as otherwise provided in ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) and the rules promulgated pursuant thereto, any commodity in package form introduced, delivered for introduction into or received in intrastate commerce and sold, offered or exposed for sale in intrastate commerce shall bear on the outside of the package definite, plain and conspicuous declarations of:

(a) The identity of the commodity in the package, unless it is visible through the wrapper;

(b) The net quantity of the contents in terms of weight, measure or count; and

(c) In the case of any package sold, offered or exposed for sale in any place other than on the premises where packed, the name and place of business of the manufacturer, packer or distributor, as may be prescribed by rule.

(2) In connection with the requirements of subsection (1)(b) of this section, neither the qualifying term “when packed” or any words of similar import, nor any term qualifying a unit of weight, measure or count such as “jumbo,” “giant” or “full” that tends to exaggerate the amount of commodity in a package shall be used.

(3) In connection with the requirements of subsection (1)(b) of this section, the State Department of Agriculture by rule may establish:

(a) Reasonable variations to be allowed, including variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure. However, such variations may not be permitted to the extent that the average of the quantities in the packages comprising a shipment, display or other lot is below the quantity stated, and no unreasonable shortage in any package shall be permitted even though overages in other packages in the same shipment, display or lot compensate for such shortage;

(b) Exemptions for small packages; and

(c) Exemptions for commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer. [1973 c.293 §22; 2005 c.22 §432]

Source: Section 618.211 — Labeling of packaged commodities; use of labeling terms restricted; scope of rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 618.126 — OR Code / Title 49 / Chapter 618 / Section 618.126
618.126 Exemptions from licensing requirement
Status: in_force

Commercial weighing or measuring instruments or devices specified in ORS 618.141 (Maximum license fees) are exempt from the licensing requirements in ORS 618.121 (License required for commercially operated weighing or measuring instrument) if any of the following apply:

(1) Ownership and use of the instrument or device is limited to federal, state or local government agencies in the performance of official functions.

(2) The instrument or device is of a readily portable type, not intended for use within the state in excess of 30 days annually, and for which proof exists of satisfactory examination within the immediately preceding six months by a state or local weights and measures authority. [1973 c.293 §31; 1989 c.405 §5]

Source: Section 618.126 — Exemptions from licensing requirement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 618.546 — OR Code / Title 49 / Chapter 618 / Section 618.546
618.546 Reports by district attorney to Attorney General
Status: in_force

A district attorney shall make a full report to the Attorney General of any action, suit, or proceeding prosecuted by such district attorney under ORS 618.506 (Enjoining security seal violations) to 618.541 (Loss of license for operation in violation of injunction) and 618.995 (Civil penalties) , including the final disposition of the matter, and shall file with the Attorney General copies of all assurances of voluntary compliance accepted under ORS 618.506 (Enjoining security seal violations) . [1973 c.294 §11]

Source: Section 618.546 — Reports by district attorney to Attorney General; filing of voluntary compliances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 616.585 — OR Code / Title 49 / Chapter 616 / Section 616.585
616.585 Local disclosure requirements prohibited
Status: in_force

A local government may not adopt or enforce a local requirement for the determination or disclosure of nutritional information by a restaurant. [2009 c.314 §6]

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

Source: Section 616.585 — Local disclosure requirements prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 625.100 — OR Code / Title 49 / Chapter 625 / Section 625.100
625.100 Grounds for refusing to issue or for revoking or suspending distributor’s license
Status: in_force

The State Department of Agriculture may refuse to issue or may revoke or suspend any distributor’s license by reason of the violation or participation of the distributor in a violation of ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) or of any other law of this state relating or applicable to the sanitary handling, storage, packaging, sale, transportation or distribution of bakery products, or of any regulation effective thereunder.

Source: Section 625.100 — Grounds for refusing to issue or for revoking or suspending distributor’s license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 625.215 — OR Code / Title 49 / Chapter 625 / Section 625.215
625.215 Prohibited bakery products
Status: in_force

A person may not manufacture, bake, sell or offer for sale bread, rolls or buns for human consumption unless the bread, rolls or buns:

(1) Are enriched; or

(2) Are made only with whole grain flours. [1971 c.176 §3; 2011 c.66 §2]

Source: Section 625.215 — Prohibited bakery products , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 616.565 — OR Code / Title 49 / Chapter 616 / Section 616.565
616.565 Calorie content information for combination or multiserving items
Status: in_force

(1) The disclosure of calorie content information under ORS 616.570 (Menus, menu boards and food tags) on a menu or menu board next to a standard menu item that is a combination of at least two standard menu items on the menu or menu board must, based on all possible combinations for that standard menu item, include the minimum amounts of calories for the calorie content information and the maximum amounts of calories for the calorie content information. If there is only one possible total amount of calories, that total must be disclosed.

(2) The disclosure of calorie content information on a menu or menu board next to a standard menu item that is not an appetizer or dessert, but is intended to serve more than one individual, shall:

(a) Intentionally left blank —Ed.

(A) Include the number of individuals intended to be served by the standard menu item; and

(B) Include the calorie content information for an individual serving.

(b) If the standard menu item is a combination of at least two standard menu items, include the disclosure required under subsection (1) of this section. [2009 c.314 §2a]

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

Source: Section 616.565 — Calorie content information for combination or multiserving items , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 633.651 — OR Code / Title 49 / Chapter 633 / Section 633.651
633.651 Prohibited acts
Status: in_force

(1) A person may not sell, offer for sale, expose for sale or transport for use in planting in the State of Oregon any agricultural, flower or vegetable seed:

(a) That except as provided in ORS 633.550 (Exemptions from labeling provisions) , has not been labeled as required by ORS 633.520 (Labeling agricultural seed or bulk flower seed) , 633.531 (Labeling vegetable or flower seed weighing one pound or less) and 633.541 (Labeling vegetable seed weighing more than one pound) ;

(b) That bears a label that is false or misleading;

(c) That contains any prohibited noxious weed seeds;

(d) That contains restricted noxious weed seeds in excess of the permissible numbers per pound established under ORS 633.561 (Preparation of list of prohibited noxious weed seeds and restricted noxious weed seeds) or 633.571 (Changes in lists) (2);

(e) That has not been tested within the 18 months next preceding such sale, offering for sale, exposure for sale or transportation, not including the calendar month in which the test was completed, to determine the percentage of germination for the labeling requirements of ORS 633.520 (Labeling agricultural seed or bulk flower seed) , 633.531 (Labeling vegetable or flower seed weighing one pound or less) and 633.541 (Labeling vegetable seed weighing more than one pound) . The Director of Agriculture may, pursuant to the authority of ORS 633.680 (Establishment of standards of germination) , establish by order a shorter period for kinds of seed that the director finds under ordinary conditions of handling will not maintain a germination within the established limits of tolerance during an 18-month period, or longer period for kinds of such seed that are packaged in such container materials and under such conditions as the director may determine will, during such longer period, maintain the viability of the seed under ordinary conditions of handling. Any person in possession of seeds shall keep on file available for State Department of Agriculture inspection the original or duplicate copy of the latest test made of such seeds that shows, in addition to the information required by the provisions of this section, the date and the name of the person making such test; or

(f) That, if it is a variety for which a certificate of plant variety protection under the federal Plant Variety Protection Act specifies sale only as a class of certified seed, is sold or exposed for sale by variety name but has not been so certified by any official seed certifying agency. However, seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the written approval of, the owner of the variety.

(2) A person may not substitute uncertified for certified seed.

(3) A person may not use tags or seals indicating certification other than as prescribed by a certification agency, as authorized by ORS 633.620 (Certification of seeds, tubers and plants) or 633.511 (Definitions for ORS 633.511 to 633.750) (2).

(4) Unless the tuber, horticultural plant or agricultural, cereal grain, flower or vegetable seed has been produced, tested, examined and labeled in accordance with 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 the rules and regulations of this state or the official certification agency of another state, territory or country, a person may not:

(a) Sell, offer for sale, expose for sale, advertise or transport any such tuber, plant or seed representing it to be certified; or

(b) Use in connection with such tuber, plant or seed any tags or seals similar to those used in official certification, as established pursuant to ORS 633.620 (Certification of seeds, tubers and plants) or 633.511 (Definitions for ORS 633.511 to 633.750) (2).

(5) A person may not alter or falsify any seed labels, seed tests, records or other documents pertaining to seed dealings. [1955 c.379 §12; 1957 c.407 §1; 1969 c.132 §5; 1981 c.196 §4; 1983 c.740 §236; 1995 c.371 §6; 2003 c.14 §384; 2007 c.281 §10]

Source: Section 633.651 — Prohibited acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 616.220 — OR Code / Title 49 / Chapter 616 / Section 616.220
616.220 Injunction against violations of ORS 616.215
Status: in_force

In addition to the remedies provided by ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.295 (Reports and information issuable by department) , the State Department of Agriculture or its authorized agents may apply to the circuit court for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of ORS 616.215 (Prohibited acts) , irrespective of whether or not there exists an adequate remedy at law.

Source: Section 616.220 — Injunction against violations of ORS 616.215 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 632.840 — OR Code / Title 49 / Chapter 632 / Section 632.840
632.840 Manner of confining egg-laying hen
Status: in_force

(1) The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 (Definitions for ORS 632.835 to 632.849) to 632.849 (Production exempt from compliance) . The rules must:

(a) Be designed to promote humane welfare standards;

(b) Be effective in protecting consumers from food-borne pathogens;

(c) Require that egg-laying hens be housed in a cage-free housing system; and

(d) Establish usable floor space requirements.

(2) Except as provided under this subsection, the department shall adopt rules to require that enclosures provide egg-laying hens with usable floor space that equals or exceeds the usable floor space required in United Egg Producers, Animal Husbandry Guidelines for U.S. Egg-Laying Flocks (2017) guidelines for cage-free housing. If a subsequent edition of the guidelines establishes a standard that requires more usable floor space than the standard set forth in the 2017 Edition of the guidelines, the department may adopt the higher standard.

(3) The department shall cause farms engaged in the commercial production of eggs to be inspected, by qualified auditors at reasonable times, for the purpose of enforcing the provisions of ORS 632.835 (Definitions for ORS 632.835 to 632.849) to 632.849 (Production exempt from compliance) .

(4) The department shall impose a civil penalty pursuant to ORS 183.745 (Civil penalty procedures) , not to exceed $2,500, for violation of a provision of ORS 632.835 (Definitions for ORS 632.835 to 632.849) to 632.849 (Production exempt from compliance) .

(5) The department may fix, assess and collect, or cause to be collected, from commercial farm owners or operators fees for the inspections performed by employees or agents of the department under subsection (3) of this section. The fees must have a uniform basis and must be in an amount reasonably necessary to cover the costs of the inspections and related administrative duties under ORS 632.835 (Definitions for ORS 632.835 to 632.849) to 632.849 (Production exempt from compliance) . The department shall adjust the fees under this subsection to meet any expenses necessary to carry out subsection (3) of this section and may prescribe a different fee scale for different localities. The department may prescribe a reasonable charge to be paid by commercial farm owners or operators for travel expenses and other related services if inspections under this section involve unusual cost to the department. Moneys from fees and charges collected by the department under this subsection must be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department to be used for the purpose of enforcing ORS 632.835 (Definitions for ORS 632.835 to 632.849) to 632.849 (Production exempt from compliance) . [2011 c.436 §4; 2011 c.436 §§5,7,9; 2019 c.686 §7]

Source: Section 632.840 — Manner of confining egg-laying hen; business plan for compliance; rules; inspections; fees; report; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 621.266 — OR Code / Title 49 / Chapter 621 / Section 621.266
621.266 Pasteurizer operator license
Status: in_force

(1) Application for a pasteurizer operator license shall be made to the State Department of Agriculture on forms provided by the department. A license issued or renewed by the department under this section may be restricted so as to authorize the licensee to engage only in a limited line of activity commensurate with the ability of the licensee.

(2) An applicant for original issuance of a license must pass a reasonable written examination, give a practical demonstration of ability to carry out licensee duties and pay the fee required by this section.

(3) A license issued under this section expires on June 30 of each even-numbered year next following the date of its issuance or on such date as may be specified by department rule, and may be renewed upon application of the licensee. Each application for issuance or renewal of a license shall be accompanied by a nonrefundable fee determined by the department.

(4) The fee described in subsection (3) of this section shall be established by the department in accordance with ORS chapter 183 and shall not exceed $50.

(5) Subsections (1) to (3) of this section do not apply to a pasteurizer operator license issued as a lifetime license prior to September 29, 1991. However, in order to maintain a lifetime license in effect, the licensee must submit a registration form to the department by June 30 of each even-numbered year or by such date as may be specified by department rule confirming the desire of the licensee to continue the lifetime license. [1953 c.686 §23; 1963 c.48 §4; 1971 c.773 §10; 1979 c.320 §7; 1991 c.404 §2; 1999 c.197 §39; 2007 c.768 §29]

Source: Section 621.266 — Pasteurizer operator license; rules; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 634.326 — OR Code / Title 49 / Chapter 634 / Section 634.326
634.326 Use of moneys received by department
Status: in_force

(1) The State Department of Agriculture shall deposit all fees paid to it under the provisions of this chapter in the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of administering and enforcing the provisions of this chapter.

(2) An amount of the fees and moneys referred to in subsection (1) of this section not to exceed 10 percent of registration fees received under ORS 634.016 (Registration of pesticides and application devices) may be used by the department pursuant to agreements entered into between the department and the Dean of the College of Agricultural Sciences of Oregon State University, with the advice of the Minor Crops Advisory Committee for the purposes set forth in subsection (3) of this section.

(3) The amounts provided for in subsection (2) of this section shall be used by the Dean of the College of Agricultural Sciences of Oregon State University for research projects and investigations agreed upon by the dean and the department directed toward obtaining pesticide use registrations needed by growers to produce crops economically in Oregon.

(4) The department shall apply $10 of each registration fee collected pursuant to ORS 634.016 (Registration of pesticides and application devices) to fulfill the provisions of ORS 634.045 (Avoidance of adverse effects on pollinating insects) (4). [1973 c.341 §35; 1979 c.499 §33; 1989 c.709 §4; 2015 c.744 §§5,6]

634.352 [1973 c.341 §5; 1979 c.232 §4; 1993 c.742 §111]

634.356 [1973 c.341 §6; 1993 c.742 §111]

Source: Section 634.326 — Use of moneys received by department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 628.320 — OR Code / Title 49 / Chapter 628 / Section 628.320
628.320 Inspection of food
Status: in_force

The operator or person in charge of a refrigerated locker room shall have the right to inspect all food or any item before it is placed in any locker. Nothing shall be stored outside of the lockers in a locker room without being labeled and wrapped or otherwise properly covered.

Source: Section 628.320 — Inspection of food; storage outside lockers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 616.820 — OR Code / Title 49 / Chapter 616 / Section 616.820
616.820 Label required to be affixed to package not later than time of delivery to retail seller
Status: in_force

(1) The perishable food manufacturer, processor or packager shall affix, print or stamp the label required by ORS 616.815 (Open date labeling required for packaged perishable food sold at retail) to the perishable food retail package and to all closed shipping cartons, containers or wrappers of such perishable food packages not later than the time of delivery of the perishable food packages to the retail seller.

(2) No perishable food manufacturer, processor or packager shall fail to comply with subsection (1) of this section. [1973 c.173 §5]

Source: Section 616.820 — Label required to be affixed to package not later than time of delivery to retail seller , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 625.270 — OR Code / Title 49 / Chapter 625 / Section 625.270
625.270 Unlawful sale prohibited
Status: in_force

A person may not sell, offer for sale, hold for sale or bake a loaf of bread in violation of the provisions of ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) or orders thereunder. [1963 c.594 §8; 1987 c.472 §6; 2009 c.11 §81]

Source: Section 625.270 — Unlawful sale prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 616.766 — OR Code / Title 49 / Chapter 616 / Section 616.766
616.766 Standards of identity and quality for honey
Status: in_force

The State Department of Agriculture shall adopt rules under ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) establishing standards of identity and quality and labeling requirements for honey sold in this state. In establishing or amending standards and requirements under this section, in addition to the definitions and standards described under ORS 616.230 (Definitions and standards) and 616.325 (Consumer commodity labeling requirements) , the department shall give consideration to any definitions and standards used by a federal agency, another state or an organization administering a regional, multiregional, national or international agreement on honey. [2011 c.124 §2]

Source: Section 616.766 — Standards of identity and quality for honey; labeling requirements; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 618.241 — OR Code / Title 49 / Chapter 618 / Section 618.241
618.241 Written invoice of certain commodity sales required
Status: in_force

In the case of sales to or by retail outlets including restaurants, hospitals, boarding houses and similar institutions, sales of commodities in bulk form whose value exceeds $10 shall be accompanied by a printed or written delivery ticket or invoice bearing the following information:

(1) Name and address of the vendor and the purchaser.

(2) Date and place of the delivery.

(3) Product identity and net quantity delivered.

(4) Quantity upon which charges are based if different from the delivered quantity by reason of processing customarily performed subsequent to a sale, but prior to delivery to a purchaser. [1973 c.293 §28]

Source: Section 618.241 — Written invoice of certain commodity sales required; contents of writing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 632.900 — OR Code / Title 49 / Chapter 632 / Section 632.900
632.900 “Horticultural and agricultural products” defined
Status: in_force

As used in 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) , “horticultural and agricultural products”:

(1) Includes articles of food, drinks, dairy products, forage products, livestock products, poultry products, apiary products, vermiculture products, nursery stock as defined in ORS 571.005 (Definitions for ORS 571.005 to 571.230) and seeds, bulbs and tubers that are not nursery stock, grown or produced in this state.

(2) Does not include bakery products and alcoholic liquors. [Formerly 616.405; 1983 c.730 §5; 1997 c.460 §2; 2001 c.104 §246; 2003 c.602 §3; 2005 c.657 §7]

Source: Section 632.900 — “Horticultural and agricultural products” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 622.248 — OR Code / Title 49 / Chapter 622 / Section 622.248
622.248 Preapplication conferences
Status: in_force

(1) A prospective applicant for the cultivation of oysters, clams or mussels shall, no later than 30 days prior to filing an application under ORS 622.250 (Application for new plats) , participate in a preapplication conference with the State Department of Agriculture and other appropriate local, state and federal agencies.

(2) Not less than 14 days before the preapplication conference, the prospective applicant must provide the department with adequate information to prepare for the preapplication conference.

(3) At the preapplication conference, the department and other appropriate local, state and federal agencies shall:

(a) Inform the prospective applicant of statutes, administrative rules, local ordinances and any other requirements that may apply to the application;

(b) Based on the information provided by the prospective applicant and other annual production data and information available to the department, discuss with the prospective applicant projected revenue data and related matters; and

(c) Assist the prospective applicant by identifying known issues that may affect the likelihood that the prospective applicant will be able to meet any conditions placed on required permits from state agencies and local governments.

(4) The prospective applicant may request additional preapplication consultation with the department. [2019 c.654 §4]

Note: 622.248 (Preapplication conferences) was added to and made a part of 622.210 (Department defined) to 622.360 (Cultivation does not affect ocean shore activities) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 622.248 — Preapplication conferences , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 624.310 — OR Code / Title 49 / Chapter 624 / Section 624.310
624.310 Definitions for ORS 624.310 to 624.430
Status: in_force

As used in ORS 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) unless the context requires otherwise:

(1) “Approved” means approved by the administrator.

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

(3) “Commissary” means commissary catering establishment, restaurant or any other place in which food, beverage, ingredients, containers or supplies are kept, handled, prepared or stored, and from which vending machines or mobile units are serviced.

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

(5) “Employee” means any operator or any person employed by an operator who handles any food, beverage, or ingredient to be dispensed through vending machines or mobile units, or who comes into contact with product contact surfaces of the container, equipment, utensils or packaging materials, used in connection with vending machines or mobile unit operations, or who otherwise services or maintains one or more such machines or units.

(6) “Food” means any raw, cooked or processed edible substance, beverage or ingredient used or intended for use in whole, or in part, for human consumption.

(7) “Machine location” means the room, enclosure, space or area where one or more vending machines are installed and are in operation.

(8) “Mobile unit” means any vehicle on which food is prepared, processed or converted or which is used in selling and dispensing food to the ultimate consumer.

(9) “Operator” means any person, who by contract, agreement or ownership is responsible for operating a commissary or warehouse or furnishing, installing, servicing, operating or maintaining one or more vending machines or mobile units.

(10) “Person” means any individual, partnership, corporation, company, firm, institution, association or any other public or private entity.

(11) “Product contact surface” means any surface of the vending machine or mobile unit, appurtenance or container which comes into direct contact with any food, beverage or ingredient.

(12) “Readily perishable food” means any food, beverage or ingredient consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry, or any other food capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxications. However, “readily perishable food” does not include products in hermetically sealed containers processed by heat to prevent spoilage or dehydrated, dry or powdered products which are so low in moisture content as to preclude development of microorganisms.

(13) “Single-service article” means any utensil, container, implement or wrapper intended for use only once in the preparation, storage, display, service or consumption of food or beverage.

(14) “Utensil” means any kitchenware, tableware, glassware, cutlery, container, cleaning brush or other equipment that comes into contact with food or product contact surfaces during cleaning of vending machines, mobile units or commissary equipment, or during storage, preparation, serving, dispensing or consumption of food.

(15) “Vending machine” means any self-service device offered for public use which, upon insertion of a coin, coins, currency or token, or by other means, dispenses unit servings of food or beverage, either in bulk or package, without the necessity of replenishing the device between each vending operation.

(16) “Warehouse” means any place where food, utensils, single-service articles, cleaning or servicing supplies for vending machines, mobile units or commissaries are stored. [1963 c.575 §1; 1973 c.825 §13; 1975 c.792 §2; 2001 c.900 §212; 2001 c.975 §5; 2009 c.595 §1018]

Source: Section 624.310 — Definitions for ORS 624.310 to 624.430 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 632.450 — OR Code / Title 49 / Chapter 632 / Section 632.450
632.450 Definitions for ORS 632.450 to 632.485
Status: in_force

As used in ORS 632.450 (Definitions for ORS 632.450 to 632.485) to 632.485 (Enforcement) :

(1) “Horticultural products” means all horticultural products, including nursery stock as defined in ORS 571.005 (Definitions for ORS 571.005 to 571.230) , except horticultural products that are canned, bottled, frozen, dried, candied or brined.

(2) “Container” means the box, crate, lug, chest, basket, carton, barrel, keg, drum, sack, hamper, bag, bin, tray, bucket or other receptacle, whether open or closed, used by any person in transporting horticultural products, or in which such products are offered for sale.

(3) “Stamp,” “mark” or “label plainly” means placing the information required by ORS 632.450 (Definitions for ORS 632.450 to 632.485) to 632.485 (Enforcement) on the container in legible letters or figures of not less than three-eighths inch in height and not less than three-sixteenths inch in width, by means of a rubber stamp, stencil, printing by machine, or by attaching to the package by means of glue or paste, a machine-printed label. Such marks, and the location thereof, shall conform to the rules and regulations established by the State Department of Agriculture when promulgating grades for horticultural products.

(4) “Deceptive pack” means any arrangement of horticultural products which has in the outer layer or any exposed surface horticultural products which are so superior in quality, size, condition or in any other respect to those in the interior of the lot or the unexposed portion as to materially misrepresent the contents of the lot. A deceptive pack also means a container slackly filled so as to deceive the purchaser in regard to the total contents, or a container which has had a portion of the original contents removed and then offered for sale as a full pack. [Formerly 616.505; 2001 c.104 §245]

Source: Section 632.450 — Definitions for ORS 632.450 to 632.485 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 622.180 — OR Code / Title 49 / Chapter 622 / Section 622.180
622.180 Powers of department
Status: in_force

For the protection of the public health, the State Department of Agriculture shall have the following powers and all powers necessary and proper to insure sanitary conditions in the production and distribution of shellfish:

(1) The department shall have power to make rules necessary to enforce the provisions of this chapter. These rules shall at least include the water quality of growing areas, quality of market shellfish, water supply, sewage and waste disposal, drainage, plumbing, building construction, boat and barge sanitation, the handling, storage, construction and maintenance of equipment, lighting and ventilation, insect and rodent control, garbage and refuse disposal, shell disposal, cleanliness of premises, handling, storage and refrigeration of shellfish and the marking of certificate numbers and dating codes on all containers. The department also, by rule, may add to the definition of shellfish, and subject to regulation under ORS 622.010 (Definitions) to 622.180 (Powers of department) , any aquatic animals regulated as shellfish under the federal National Shellfish Sanitation Program.

(2) The department shall have power:

(a) To inspect any dealer in every phase and locale of operation.

(b) To take samples of any shellfish for bacteriological and toxicity study.

(c) To condemn or remove from sale and destroy any shellfish which are unfit for human consumption, or are from an uncertified source, or are improperly certified.

(d) To issue certificates of shellfish sanitation in accordance with the provisions of this chapter. [1955 c.331 §2; 1973 c.508 §11; 1995 c.25 §2]

OYSTERS, CLAMS AND MUSSELS

Source: Section 622.180 — Powers of department; rules; inspections; samples; condemnation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 624.060 — OR Code / Title 49 / Chapter 624 / Section 624.060
624.060 Inspection and reinspection of restaurants and bed and breakfast facilities
Status: in_force

(1) At least once every six months the Director of the Oregon Health Authority shall inspect every restaurant located within the jurisdiction of the director. At least once a year the director shall inspect every bed and breakfast facility located within the jurisdiction of the director. The person operating the restaurant or bed and breakfast facility shall, upon the request of the director, permit access to all parts of the establishment.

(2) A copy of each inspection report shall be given to the restaurant or bed and breakfast facility operator or person in charge of the restaurant or bed and breakfast facility, and another copy shall be filed with the records of the Oregon Health Authority.

(3) During each inspection, the director shall ensure that restaurants or bed and breakfast establishments that hold valid liquor licenses have properly posted the appropriate sign required by ORS 471.551 (Warning signs required) .

(4) After each inspection, notice regarding compliance with ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) by the restaurant or bed and breakfast facility shall be posted at the customary entrance of the restaurant or bed and breakfast facility in public view and shall not be removed by any person except the director.

(5) If the director discovers the violation of any provision of ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) , the director shall make a second inspection after the lapse of such time as the director deems necessary for the defect to be remedied. When a violation noted on an inspection has been remedied, that violation shall not cumulate with violations noted on a second inspection. [Amended by 1953 c.177 §8; 1973 c.825 §6; 1983 c.533 §3; 1985 c.701 §§1,6; 1987 c.226 §§4,5; 1991 c.324 §8; 2009 c.595 §1005]

Source: Section 624.060 — Inspection and reinspection of restaurants and bed and breakfast facilities; posting of sign required; report; posting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 621.410 — OR Code / Title 49 / Chapter 621 / Section 621.410
621.410 Requisites of milk used in manufacture of condensed or evaporated milk
Status: in_force

(1) A person shall not manufacture for sale, or sell or exchange, or expose or offer for sale or exchange, any condensed or evaporated milk, or any substance containing any milk or milk products and designed or intended to be used or capable of being used for or as a substitute for condensed or evaporated milk, if the milk used in the manufacture thereof is unlawful as defined under ORS 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk) .

(2) A person shall not manufacture for sale, or sell or expose, or offer for sale or exchange, any condensed or evaporated milk containing any vegetable fat. [Amended by 1999 c.197 §51]

Source: Section 621.410 — Requisites of milk used in manufacture of condensed or evaporated milk; vegetable fat prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 624.510 — OR Code / Title 49 / Chapter 624 / Section 624.510
624.510 Intergovernmental agreements with local public health authorities
Status: in_force

(1) The Director of the Oregon Health Authority shall enter into an intergovernmental agreement with each local public health authority, delegating to the local public health authority the administration and enforcement within the jurisdiction of the local public health authority of the powers, duties and functions of the director under ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) , 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) , 624.650 (Mobile unit inspection fee) and 624.992 (Civil penalty) . The intergovernmental agreement must describe the powers, duties and functions of the local public health authority relating to fee collection, licensing, inspections, enforcement, civil penalties and issuance and revocation of permits and certificates, standards for enforcement by the local public health authority and the monitoring to be performed by the Oregon Health Authority. The Oregon Health Authority shall review the performance of the local public health authority under any expiring intergovernmental agreement. The review shall include criteria to determine if provisions of ORS 624.073 (Revocation, suspension or refusal of license) are uniformly applied to all licensees within the jurisdiction of the local public health authority. In accordance with ORS chapter 183, the director may suspend or rescind an intergovernmental agreement under this subsection. If the Oregon Health Authority suspends or rescinds an intergovernmental agreement, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the Oregon Health Authority for carrying out the powers, duties and functions under this section.

(2) A local public health authority shall collect fees on behalf of the Oregon Health Authority that are adequate to cover the administration and enforcement costs incurred by the local public health authority under this section and the cost of oversight by the Oregon Health Authority. If the fee collected by a local public health authority for a license or service is more than 20 percent above or below the fee for that license or service charged by the Oregon Health Authority, the Oregon Health Authority shall analyze the local public health authority fee process and determine whether the local public health authority used the proper cost elements in determining the fee and whether the amount of the fee is justified. Cost elements may include, but need not be limited to, expenses related to administration, program costs, salaries, travel expenses and Oregon Health Authority consultation fees. If the Oregon Health Authority determines that the local public health authority did not use the proper cost elements in determining the fee or that the amount of the fee is not justified, the Oregon Health Authority may order the local public health authority to reduce any fee to a level supported by the Oregon Health Authority’s analysis of the fee process.

(3) The Oregon Health Authority, after consultation with groups representing local health officials in the state, shall by rule assess a remittance from each local public health authority to which health enforcement powers, duties or functions have been delegated under subsection (1) of this section. The amount of the remittance must be specified in the intergovernmental agreement. The remittance shall supplement existing funds for consultation services and development and maintenance of the statewide food service program. The Oregon Health Authority shall consult with groups representing local health officials in the state and statewide restaurant associations in developing the statewide food service program.

(4) In any action, suit or proceeding arising out of local public health authority administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the Oregon Health Authority, the Oregon Health Authority shall be made a party to the action, suit or proceeding. [1973 c.825 §22a; 1975 c.790 §3; 1975 c.792 §4; 1981 c.650 §5; 1983 c.370 §1; 1983 c.533 §4; 1995 c.578 §7; 2001 c.975 §8; 2003 c.309 §14; 2005 c.22 §440; 2009 c.595 §1030; 2013 c.640 §10; 2015 c.736 §107]

Source: Section 624.510 — Intergovernmental agreements with local public health authorities; fee collection and remittance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 619.370 — OR Code / Title 49 / Chapter 619 / Section 619.370
619.370 Labeling concerning addition of chemical preservative
Status: in_force

(1) No person shall sell or display, expose, offer or possess for sale for human consumption, a fryer to which a chemical preservative has been added, unless it is conspicuously labeled in legible letters or figures of not less than one-sixteenth of an inch in height with the words “preservatives added: (here insert a list of the preservatives, by their common or technical names).”

(2) “Chemical preservative,” as used in this section, means any substance, including but not limited to antibiotics, which when added to fryers tends to prevent or retard deterioration of the fryer, but does not include common salt, sugars, vinegars, spices or oils extracted from spices, or substances added to food by direct exposure to wood smoke.

(3) Subsections (1) and (2) of this section do not apply to a fryer or immediate container which bears a label provided under section 81.120 of the United States Department of Agriculture Regulations issued pursuant to the Poultry Products Inspection Act (71 Stat. 441), as amended by the Wholesome Poultry Products Act of August 18, 1969, (82 Stat. 971; U.S.C. 451) et seq. [1959 c.385 §5; 1973 c.174 §14]

Source: Section 619.370 — Labeling concerning addition of chemical preservative , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 633.520 — OR Code / Title 49 / Chapter 633 / Section 633.520
633.520 Labeling agricultural seed or bulk flower seed
Status: in_force

Each container of agricultural seed, or of more than one pound of flower seed, sold, offered or exposed for sale, or transported within this state shall bear or have attached in a conspicuous place a legibly written or printed label or tag prepared from information developed from a seed test as prescribed by rule by the Director of Agriculture and that states in the English language:

(1) The commonly accepted name of the kind or the kind and variety of each agricultural or flower seed component constituting in excess of five percent of the whole and the percentage by weight of each. If any such component is one that the director, pursuant to ORS 633.680 (Establishment of standards of germination) , has determined is generally labeled as to variety, the label or tag shall bear, in addition to the name of the kind, either the name of such variety or the statement “Variety Not Stated.” If more than one agricultural or flower seed is named, the word “mixture” or the words “mixed seed” shall appear conspicuously on the label or tag.

(2) The country or state where grown. If unknown, the fact that the country or state where grown is unknown shall be stated.

(3) The lot number or other lot identification.

(4) The total percentage, by weight, of other crop seed.

(5) The total percentage, by weight, of weed seed.

(6) The total percentage, by weight, of inert matter.

(7) The name and number per pound of each kind of noxious weed seed restricted in Oregon, 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.

(8) For each named agricultural or flower seed:

(a) The percentage of germination. If germination data is based on tests other than sprouting, that shall be so stated on the label.

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

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

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

(11) The year and month beyond which an inoculant, if shown in the labeling, is no longer claimed to be effective.

(12) If such seed or mixture is intended for seeding purposes and has been treated, the following:

(a) A statement that the seeds have been treated.

(b) The commonly accepted chemical or abbreviated chemical name of any substance used in such treatment.

(c) A descriptive statement, approved by the director as adequate for the protection of the public, of any process used in such treatment.

(d) If the substances used in such treatment in the amount remaining with the seeds is harmful to humans or other vertebrate animals, an appropriate warning statement, approved by the director as adequate for the protection of the public.

(13) A statement of the net quantity of the contents of each container in terms of the net weight of such container. [Amended by 1955 c.379 §3; 1969 c.132 §2; 1995 c.371 §2; 2007 c.281 §2]

Source: Section 633.520 — Labeling agricultural seed or bulk flower seed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 625.140 — OR Code / Title 49 / Chapter 625 / Section 625.140
625.140 Inspection of bakeries and vehicles
Status: in_force

The State Department of Agriculture shall cause to be made periodically a thorough inspection of each licensed bakery to determine whether or not the premises are constructed, equipped and operated in accordance with the requirements of ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) and of all other laws of this state relating to bakeries or bakery products and all regulations effective thereunder. Such inspection shall also be made of each vehicle used by a bakery or distributor licensed under ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) in transporting or distributing any bakery product within this state.

Source: Section 625.140 — Inspection of bakeries and vehicles , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 632.470 — OR Code / Title 49 / Chapter 632 / Section 632.470
632.470 False representations as to raising, production or packing
Status: in_force

No person, by means of any false representation, either verbal, printed or written, shall represent or pretend that horticultural products were raised, produced or packed by any person, or in any locality other than by the person, and in the locality where the same were in fact raised, produced or packed. [Formerly 616.525]

Source: Section 632.470 — False representations as to raising, production or packing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 634.006 — OR Code / Title 49 / Chapter 634 / Section 634.006
634.006 Definitions
Status: in_force

As used in this chapter unless the context requires otherwise:

(1) “Antidote” means a practical immediate treatment in case of poisoning and includes first-aid treatment.

(2) “Brand” or “trademark” means any word, name, symbol or any combination thereof adopted or used by a person to identify pesticides manufactured, compounded, delivered, distributed, sold or offered for sale in this state and to distinguish them from pesticides manufactured, compounded, delivered, distributed, sold or offered for sale by others.

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

(4) “Device” means any instrument or contrivance containing pesticides or other chemicals intended for trapping, destroying, repelling or mitigating insects or rodents or destroying, repelling or mitigating fungi, nematodes or such other pests as may be designated by the department, but does not include equipment used for the application of pesticides or other chemicals when sold separately from such pesticides or chemicals.

(5) “Highly toxic” means a pesticide or device determined by the department to be capable of causing severe injury, disease or death to human beings.

(6) “Indian tribe” means a federally recognized Indian tribe in Oregon, provided that the tribe engages in applicable pesticide use on lands other than Indian country, as defined in 18 U.S.C. 1151.

(7) “Landowner” means a person:

(a) Owning three acres or more within a proposed protected area; and

(b) In the case of multiple ownership of land:

(A) Whose interest is greater than an undivided one-half interest in the land; or

(B) Who holds an authorization in writing from one or more of the other owners whose interest, when added to the interest of the person, are greater than an undivided one-half interest in the land.

(8) “Noncommercial pesticide applicator” or “noncommercial applicator” means:

(a) An individual who uses or supervises the use of any restricted-use pesticide or highly toxic pesticide on land or property owned or leased by the individual or the employer of the individual, except for an individual who performs the work, duties or responsibilities of a private applicator or a public applicator; or

(b) An individual who owns or is employed by a private school and who performs or carries out the work, duties or responsibilities of a pesticide applicator at the school’s campus, as defined in ORS 634.700 (Definitions for ORS 634.700 to 634.750) .

(9) “Noncommercial pesticide trainee” means an individual who is working and engaged in a training program under a special certificate to qualify as a noncommercial pesticide applicator and who performs or carries out the work, duties or responsibilities of a pesticide trainee.

(10) “Person” means:

(a) A person as defined in ORS 174.100 (Definitions) ;

(b) A public body as defined in ORS 174.109 (“Public body” defined) ;

(c) The federal government or any of its agencies; and

(d) An Indian tribe.

(11) “Pesticide” includes:

(a) “Defoliant” which means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant with or without causing abscission;

(b) “Desiccant” which means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue;

(c) “Fungicide” which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungus;

(d) “Herbicide” which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed;

(e) “Insecticide” which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever;

(f) “Nematicide” which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes;

(g) “Plant regulator” which means any substance or mixture of substances intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation or to otherwise alter the behavior of ornamental or crop plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments; or

(h) Any substance, or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating all insects, plant fungi, weeds, rodents, predatory animals or any other form of plant or animal life which is, or which the department declares to be a pest, which may infest or be detrimental to vegetation, humans, animals, or be present in any environment thereof.

(12) “Pesticide applicator” or “applicator” means an individual who:

(a) Intentionally left blank —Ed.

(A) Is using, spraying or applying restricted-use or highly toxic pesticides; or

(B) Is spraying or applying pesticides for others;

(b) Is authorized to work for and is employed by a pesticide operator; and

(c) Is in direct charge of or supervises the spraying or other use of pesticides or operates, uses, drives or physically directs propulsion of equipment, apparatus or machinery during the spraying or other application of pesticides, either on the ground or, if certified under ORS 634.128 (Aerial pesticide applicator certificate) , by aircraft.

(13) “Pesticide consultant” means a person who offers or supplies technical advice, supervision, aid or recommendations to the user of pesticides classified by the department as restricted-use or highly toxic pesticides, whether licensed as a pesticide dealer or not.

(14) “Pesticide dealer” means a person who sells, offers for sale, handles, displays or distributes any pesticide classified by the department as a restricted-use or highly toxic pesticide.

(15) “Pesticide equipment” means any equipment, machinery or device used in the actual application of pesticides, including aircraft and ground spraying equipment.

(16) “Pesticide operator” means a person who owns or operates a business engaged in the application of pesticides upon the land or property of another.

(17) “Pesticide trainee” means an individual who:

(a) Is employed by a pesticide operator; and

(b) Is working and engaged in a training program under special certificate to qualify as a pesticide applicator.

(18) “Private applicator” means an individual who uses or supervises the use of any pesticide, classified by the department as a restricted-use or highly toxic pesticide, for the purpose of producing agricultural commodities or forest crops on land owned or leased by the individual or the employer of the individual.

(19) “Professed standard of quality” means a plain and true statement of the name and percentage of each active ingredient and the total percentage of all inert ingredients contained in any pesticide.

(20) “Protected area” means an area established under the provisions of this chapter to prohibit or restrict the application of pesticides.

(21) “Public applicator” means an individual who is an employee of the State of Oregon or its agencies, counties, cities, municipal corporations, other governmental bodies or subdivisions thereof, irrigation districts, drainage districts and public utilities and telecommunications utilities, or of an Indian tribe, and who performs or carries out the work, duties or responsibilities of a pesticide applicator.

(22) “Public trainee” means an individual who is an employee of the State of Oregon or its agencies, counties, cities, municipal corporations, other governmental bodies or subdivisions thereof, irrigation districts, drainage districts and public utilities and telecommunications utilities, or of an Indian tribe, and who performs or carries out the work, duties or responsibilities of a pesticide trainee.

(23) “Registrant” means a person registering any pesticide pursuant to this chapter.

(24) “Restricted area” means an area established under the provisions of this chapter to restrict, but not prohibit, the application of pesticides.

(25) “Restricted-use pesticide” means any pesticide or device that the department has found and determined to be so injurious or detrimental to humans, pollinating insects, bees, animals, crops, wildlife, land or environment, other than the pests it is intended to prevent, destroy, control or mitigate, that additional restrictions are required.

(26) “Trainee” means a pesticide trainee, public trainee or noncommercial pesticide trainee.

(27) “Weed” means any plant that grows where not wanted. [1973 c.341 §3; 1987 c.447 §134; 2015 c.833 §12; 2021 c.177 §1; 2022 c.53 §4; 2023 c.45 §1]

REGISTRATION, LABELING AND USE

Source: Section 634.006 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 621.171 — OR Code / Title 49 / Chapter 621 / Section 621.171
621.171 Issuance of license
Status: in_force

(1) The State Department of Agriculture shall issue a dairy products plant license under ORS 621.166 (Application for dairy products plant license) or a license under ORS 621.072 (Issuance of license to use grade designation) for a distributor or producer-distributor to use a physical facility when it determines that the dairy products plant or the facility to be operated by the applicant is in compliance with the standards prescribed by the department pursuant to ORS 621.176 (Standards of construction for plants and facilities) and 621.181 (Standards of sanitation for operation of plants and facilities) .

(2) The department may refuse to issue or renew or may revoke or suspend the license of any person who fails to comply with the provisions of ORS 621.056 (Employment of grader) , 621.057 (Record of grade of milk) , 621.092 (Right of producer to be present at weighing, sampling or testing and to have own tests made) , 621.122 (Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers) , 621.183 (Prohibition against operating plant or facility that does not meet standards) and 621.198 (Prohibition against use or dealing with user of nonstandard bulk storage facilities) and the regulations promulgated under ORS 621.096 (Regulations regarding weighing, sampling and testing) or 621.261 (Regulations regarding equipment used in pasteurization process) . [1953 c.686 §4; 1999 c.197 §26]

Source: Section 621.171 — Issuance of license; renewal; suspension; revocation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 616.894 — OR Code / Title 49 / Chapter 616 / Section 616.894
616.894 Local plastic straw laws
Status: in_force

A local government or municipality may not, after June 13, 2019, enact an ordinance, resolution, regulation, rule or other law with requirements that differ from the provisions set forth in ORS 616.892 (Single-use plastic straws) . [2019 c.362 §2]

Note: See note under 616.892 (Single-use plastic straws) .

Source: Section 616.894 — Local plastic straw laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 635.040 — OR Code / Title 49 / Chapter 635 / Section 635.040
635.040 Refusal, suspension or revocation of license
Status: in_force

The State Department of Agriculture may refuse to issue, suspend or revoke any license for failure to comply with this chapter, or regulations promulgated thereunder. [Amended by 1961 c.425 §19]

Source: Section 635.040 — Refusal, suspension or revocation of license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors635.­html (accessed May 26, 2025).
ORS § 632.590 — OR Code / Title 49 / Chapter 632 / Section 632.590
632.590 Labeling
Status: in_force

(1) All unshelled walnuts and unshelled filberts sold, displayed or offered for sale or shipment in this state must have the containers, bins, display table or other bulk display labeled with a legible label containing the:

(a) Name of the state in which such nuts were grown.

(b) Grade or registered brand and size of nuts in the container.

(c) Name and address of the grower, dealer or packer.

(2) Notwithstanding subsection (1) of this section, containers of five pounds or less capacity and bins and bulk tables are required to be labeled only with the name of the state where grown and the grade and size of such nuts. Such labeling is not required when nuts are being sold at retail from a properly labeled container or bulk display and packaged in the presence of the purchaser for the immediate purpose of the sale. [Amended by 2005 c.22 §444]

Source: Section 632.590 — Labeling , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 634.127 — OR Code / Title 49 / Chapter 634 / Section 634.127
634.127 Noncommercial pesticide trainee certificate
Status: in_force

(1) In accordance with rules adopted by the State Department of Agriculture, as provided in ORS 634.306 (General duties and powers of department) (1), the department shall issue or renew a noncommercial pesticide trainee’s certificate if the applicant or certificate holder:

(a) Is at least 18 years of age;

(b) Is working under the direct supervision and control of a licensed noncommercial pesticide applicator or, if spraying or otherwise applying pesticides by aircraft, a certified aerial pesticide applicator; and

(c) Is in compliance with the applicable provisions of this chapter and rules adopted under this chapter pertaining to noncommercial pesticide applicators.

(2) The fee for a noncommercial pesticide trainee’s certificate, or renewal thereof, shall be the same as the license fee for a pesticide applicator. [2022 c.53 §3]

Source: Section 634.127 — Noncommercial pesticide trainee certificate; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 616.870 — OR Code / Title 49 / Chapter 616 / Section 616.870
616.870 Prescribed pricing by units of measurement
Status: in_force

Retail sellers of packaged consumer commodities shall express unit retail price statements in terms of the price per single whole unit of weight, volume, measure or count as prescribed by administrative rules adopted by the State Department of Agriculture under ORS 616.875 (Rules) for particular consumer commodities or groups for consumer commodities. [1977 c.181 §7; 1979 c.827 §3]

Source: Section 616.870 — Prescribed pricing by units of measurement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 624.430 — OR Code / Title 49 / Chapter 624 / Section 624.430
624.430 Fee payment
Status: in_force

(1) Except as provided in ORS 624.330 (Exemption of certain commissaries, mobile units and vending machines from licensing requirements) , every applicant for a license to operate a commissary, vending machine, warehouse or mobile unit shall pay to the Oregon Health Authority the appropriate annual fee set forth in ORS 624.490 (License fees) .

(2) All licenses issued under ORS 624.320 (License requirement for commissary, warehouse, mobile unit or vending machine) expire annually on a date set by authority rule. A license is not transferable. The authority may not issue a refund representing any unused portion of a license. The authority may not refund fees submitted with applications that have been denied. [1963 c.575 §3; 1973 c.182 §3; 1975 c.526 §6; 1979 c.696 §13; 1983 c.352 §2; 1995 c.578 §6; 2001 c.975 §7; 2003 c.309 §13; 2009 c.595 §1027]

Source: Section 624.430 — Fee payment; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 628.210 — OR Code / Title 49 / Chapter 628 / Section 628.210
628.210 Definitions for ORS 628.210 to 628.370
Status: in_force

As used in 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) , unless the context requires otherwise:

(1) “Clean,” “healthful” and “sanitary” mean free of flies and other insects, rodents, dusts, dirt, decomposed material, mold, odors or any condition which would in any way contaminate the food products stored.

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

(3) “Person” includes any individual, partnership, corporation, association, cooperative association, county, municipality or other entity engaging in the business of operating or owning a refrigerated locker plant or offering the services thereof, as described in subsections (4) and (5) of this section.

(4) “Refrigerated locker” or “locker” means a separate, individual compartment in a refrigerated locker plant, wherein food may be placed and kept in frozen food storage.

(5) “Refrigerated locker plant” or “locker plant” means any place, premises or establishment in which separate and individual compartments for the frozen food storage and preservation of food for human consumption are offered to the public upon a rental or other basis providing compensation to the person offering such services.

Source: Section 628.210 — Definitions for ORS 628.210 to 628.370 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 633.670 — OR Code / Title 49 / Chapter 633 / Section 633.670
633.670 Inspection and sampling of seeds
Status: in_force

(1) In the enforcement 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) , the Director of Agriculture, deputies of the director, inspectors or samplers may:

(a) Enter during regular business hours any store, warehouse, mill, cleaning or storage place, depot or other structure, freight car or other vehicle, in which agricultural, flower or vegetable seeds are being sold or offered for sale, stored, handled or transported.

(b) Either alone or in the presence of a representative or employee of the person whose premises are so entered, examine and inspect any agricultural, flower or vegetable seeds being possessed, sold, offered or exposed for sale for planting purposes, in this state, for their compliance with those sections.

(c) Draw or cause to be drawn a representative sample of any lot of such seed for official testing and analysis or, in the case of individually packaged seeds, select a number of such packages as a representative sample.

(d) Examine any records or documents pertaining to any seed being sold or offered for sale, or records pertaining to any seed that has previously been sold or any other records involved in seed dealings.

(2) Any sample so drawn may represent any lot, or portion of such lot, of such seed that shall be divided, at the request of the owner or person in charge, into two approximately duplicate samples, each of which shall be properly identified, labeled and sealed in accordance with the rules and regulations adopted under ORS 633.680 (Establishment of standards of germination) . One of the samples shall be transmitted to the agricultural experiment station seed laboratory at Oregon State University for official testing for regulatory purposes. The other sample shall be tendered to the representative of the organization from whose structure or vehicle the sample was taken.

(3) The director may seize any container of agricultural, flower or vegetable seed possessed, sold, offered or exposed for sale for planting purposes in this state that appears to be in violation of any of the provisions 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 proceed in the manner directed by law for the disposal of products seized by the State Department of Agriculture.

(4) Any sample taken under those sections, and the report showing the results of the official test made on any such sample, shall be prima facie evidence in any court in this state of the true condition of the entire lot, in the examination of which the sample was taken.

(5) A copy of the result of any such test shall be mailed to the person or authorized representative, if known, owning, possessing or holding the seed from which the sample was drawn.

(6) The director may cause to be published in the official paper or bulletin of the department a report of all seed inspection work done for regulatory purposes and shall indicate in the report:

(a) The name and address of each person whose seed was inspected.

(b) The total number of such inspections.

(c) The number and kind of seeds of which samples were inspected and tested.

(d) The number or a list of samples complying with 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) .

(e) A detailed list showing kinds of seed and the nature of violations of any of the provisions of those sections as found in the inspection and testing of any such seeds belonging to any such person. [Amended by 1955 c.379 §14; 1995 c.371 §7; 2003 c.14 §385; 2007 c.281 §13]

Source: Section 633.670 — Inspection and sampling of seeds; seizure of seeds; report of inspection work , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 634.112 — OR Code / Title 49 / Chapter 634 / Section 634.112
634.112 Renewal of licenses or certificates
Status: in_force

(1) Except as provided in ORS 634.142 (Private applicator certificate) (2), any license or certificate issued or required of a pesticide consultant, dealer, operator, applicator, private applicator, noncommercial applicator or trainee by this chapter shall expire on December 31 following issuance or on such date as may be specified by rule of the State Department of Agriculture. At least 30 days prior to the expiration date, the department shall by mail notify each person holding a license or certificate of the expiration date thereof.

(2) Applications for all licenses or certificates required of a pesticide consultant, dealer, operator, applicator, private applicator, noncommercial applicator or trainee, or renewal thereof, shall be made to the department on forms prescribed by the department and accompanied by the prescribed fee.

(3) All such licenses or certificates are personal to the applicant and may not be transferred to any other person.

(4) Nothing in this chapter shall be construed as requiring a person, helping or assisting in the application of pesticides by a licensed pesticide applicator, licensed noncommercial pesticide applicator or certified private applicator or the pesticide application business through the performance of manual labor only, to obtain a license or certificate, if the actual application of pesticides is made by:

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

(b) A person applying pesticides under ORS 634.106 (Applicability of ORS 634.112 to 634.126 and 634.146) .

(5) Failure to pay the renewal license fees when due by a pesticide consultant, dealer, operator, applicator or noncommercial applicator, or failure to pay the renewal certificate fees by a trainee, shall forfeit the right to engage in the activities of a pesticide consultant, dealer, operator, applicator, noncommercial applicator or trainee, as the case may be. Any person whose pesticide consultant, dealer, operator, applicator or noncommercial applicator license, or trainee certificate, has been forfeited, shall not be issued a license, certificate or renewal license or renewal certificate except upon written application to the department accompanied by a sum of money equal to the license or certificate fee which should have been paid.

(6) If such person is a pesticide consultant, applicator or noncommercial applicator and does not pay the license fee during the first month in which the license fee is delinquent, thereafter such pesticide consultant, applicator or noncommercial applicator shall not only pay the required license fee but shall also obtain a passing grade in a reexamination given by the department for pesticide applicators as prescribed in ORS 634.122 (Applicator license) , or otherwise demonstrate knowledge of the subject to the satisfaction of the department.

(7) No penalty reexamination shall be required of a person whose application for renewal of a license or certificate is accompanied by a signed statement that prior to the application the person has not operated or worked as a pesticide consultant, applicator, noncommercial applicator or trainee, as the case may be, during the previous six months or since the expiration date of the last license or certificate of the person, whichever time is less. If the department later verifies this signed statement is false, then notwithstanding the provisions of ORS chapter 183, the department may immediately suspend the license or certificate which was issued as a result of such statement. Such suspension shall only be removed after the person has complied with the applicable provisions of subsections (5) and (6) of this section. [1973 c.341 §14; 1975 c.304 §10; 1979 c.232 §1; 2007 c.768 §40; 2022 c.53 §6]

Source: Section 634.112 — Renewal of licenses or certificates; delinquency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 619.375 — OR Code / Title 49 / Chapter 619 / Section 619.375
619.375 Certain fryers excepted from provisions of ORS 619.350 to 619.380
Status: in_force

The provisions of ORS 619.350 (“Fryer” defined) to 619.380 (Enjoining violations) do not apply to fryers being transported from the grower’s residence or place of business to a warehouse for storage, or to any place for inspection, grading, packing or processing. [1959 c.385 §6]

Source: Section 619.375 — Certain fryers excepted from provisions of ORS 619.350 to 619.380 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 634.650 — OR Code / Title 49 / Chapter 634 / Section 634.650
634.650 Definitions for ORS 634.650 to 634.665
Status: in_force

As used in ORS 634.650 (Definitions for ORS 634.650 to 634.665) to 634.665 (Agencies and universities to provide personnel training) :

(1) “Integrated pest management” means a science-based decision-making process that:

(a) Identifies and reduces risks from pests and from pest management-related strategies;

(b) Coordinates the use of pest biology, environmental information and comprehensive technology to prevent unacceptable levels of pest damage by economical means and poses the least possible risk to people, property, resources and the environment; and

(c) Uses a pest management approach that focuses on the prevention of pests through a combination of techniques that may include, but need not be limited to:

(A) Surveillance and monitoring;

(B) Early detection and rapid response;

(C) Mechanical control;

(D) The selective use of pesticides;

(E) Cultural practices;

(F) Modified land management;

(G) Biological controls;

(H) Evaluation of the effects and efficacy of pest treatments; and

(I) Control practices selected and applied to achieve desired pest management objectives in a manner that minimizes risks to human health, nontarget organisms, native fish and wildlife habitat, watersheds and the environment.

(2) “Pest” means any vertebrate or invertebrate animal, pathogen, parasitic plant, weed or similar or allied organism which can cause disease or damage to crops, trees, shrubs, grasses or other plants, humans, animals or property. [1991 c.943 §1; 2013 c.289 §4]

Note: 634.650 (Definitions for ORS 634.650 to 634.665) to 634.665 (Agencies and universities to provide personnel training) were enacted into law by the Legislative Assembly but were 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 634.650 — Definitions for ORS 634.650 to 634.665 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 619.416 — OR Code / Title 49 / Chapter 619 / Section 619.416
619.416 Labeling required before sale for human consumption
Status: in_force

(1) Lamb, or the immediate container in which it is enclosed, which is produced and processed in Oregon and is offered for sale for human consumption, may be conspicuously labeled with a label not less than one inch in height and one and one-half inches in width in legible letters or figures of not less than three-sixteenths of an inch in height, with the words “Grown in Oregon.” If the immediate container is made of transparent material, the label may be placed inside the material if it is affixed so that it is easily readable by a consumer or purchaser. If the lamb is not enclosed in an immediate container, the label shall be placed on a tag securely fastened to the lamb.

(2) Lamb that is produced in Oregon and processed out-of-state may carry the “Grown in Oregon” label if the producer, processor and retailer voluntarily develop a system of tracking and are able to prove that lamb sold for human consumption carrying the “Grown in Oregon” label was produced in Oregon.

(3) Lamb that is not produced in Oregon may not carry the name Oregon, in any form, anywhere on the lamb or its immediate container. [1989 c.616 §3]

Source: Section 619.416 — Labeling required before sale for human consumption; restriction on use of words “Grown in Oregon.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 616.217 — OR Code / Title 49 / Chapter 616 / Section 616.217
616.217 Restriction on labeling or selling food fish product as halibut
Status: in_force

No person shall label or offer for sale any food fish product designated as halibut, with or without additional descriptive words, unless such food fish product is Hippoglossus or Hippoglossus stenolepsis. [1967 c.413 §2]

Source: Section 616.217 — Restriction on labeling or selling food fish product as halibut , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 622.040 — OR Code / Title 49 / Chapter 622 / Section 622.040
622.040 Certificate required for each area of operation
Status: in_force

A certificate of shellfish sanitation shall specify the area of operation to which it applies. A separate certificate validated for each area of operation as defined by ORS 622.080 (Certificate fees) and the State Department of Agriculture rules made under this chapter is required. [1955 c.331 §7(3); 1973 c.508 §3]

Source: Section 622.040 — Certificate required for each area of operation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 618.121 — OR Code / Title 49 / Chapter 618 / Section 618.121
618.121 License required for commercially operated weighing or measuring instrument
Status: in_force

No person shall operate or use for commercial purposes within the state any weighing or measuring instrument or device specified in ORS 618.141 (Maximum license fees) that is not licensed in accordance with the requirements of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) unless exempted as provided in ORS 618.126 (Exemptions from licensing requirement) . Any license issued under ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) applies only to the instrument or device specified in the license. However, the State Department of Agriculture may permit such license to be applicable to a replacement for the original instrument or device. [1973 c.293 §30; 2005 c.22 §425]

Source: Section 618.121 — License required for commercially operated weighing or measuring instrument; scope of license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 634.420 — OR Code / Title 49 / Chapter 634 / Section 634.420
634.420 Limit on use of thiram
Status: in_force

Notwithstanding any other provision of this chapter, the State Department of Agriculture shall not register or otherwise authorize the use of the pesticide thiram as a repellent on forest tree seedlings after June 1, 1977, unless a report to the department made pursuant to ORS 634.410 (Study of effects of thiram on health and safety) to 634.425 (Construction of ORS 634.410 to 634.425) states that thiram may be used for such purpose without creating a serious health or safety hazard to individuals involved in reforestation activities who handle tree seedlings treated with thiram and that adequate precautionary measures may be reasonably undertaken to offset any substantial hazards involved in the use of thiram. [1975 c.777 §4]

Source: Section 634.420 — Limit on use of thiram; effect of study , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 633.580 — OR Code / Title 49 / Chapter 633 / Section 633.580
633.580 Seed testing laboratory
Status: in_force

(1) The dean shall maintain and operate a properly equipped seed testing laboratory in connection with the agricultural experiment station at Oregon State University and shall make all tests, including germination tests, on regulatory samples agreed upon as necessary by the director and the dean and in accordance with rules and regulations, promulgated after agreement, by the director.

(2) The dean may enter into cooperative arrangements with the United States Department of Agriculture for research work in seed testing and for such portion of the regulatory and general seed testing work as may be mutually agreeable. [Amended by 1955 c.379 §8]

Source: Section 633.580 — Seed testing laboratory; cooperative agreements with federal agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 632.480 — OR Code / Title 49 / Chapter 632 / Section 632.480
632.480 Shipment or sale of deceptive pack, load or display prohibited
Status: in_force

No person shall prepare, deliver for shipment, ship, transport, offer for sale or sell a deceptive pack, or package, load, arrangement or display of horticultural products. [Formerly 616.535]

Source: Section 632.480 — Shipment or sale of deceptive pack, load or display prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 624.005 — OR Code / Title 49 / Chapter 624 / Section 624.005
624.005 “Local public health authority” defined
Status: in_force

As used in this chapter, “local public health authority” has the meaning given that term in ORS 431.003 (Definitions) . [2003 c.309 §2; 2015 c.736 §106]

RESTAURANTS; BED AND BREAKFAST FACILITIES

Source: Section 624.005 — “Local public health authority” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 633.045 — OR Code / Title 49 / Chapter 633 / Section 633.045
633.045 Adulterated commercial feeds prohibited
Status: in_force

A person may not distribute an adulterated commercial feed. A commercial feed is adulterated:

(1) If any poisonous, deleterious or nonnutritive ingredient is present in the feed in sufficient amount to render the feed injurious to health when fed in accordance with directions for use shown on the label.

(2) If any valuable constituent has been in whole or in part omitted or abstracted from the feed or any less valuable substance substituted for a valuable constituent.

(3) If the composition or quality of the feed falls below or differs from the composition or quality purported or represented on the feed labeling.

(4) If the feed contains added hulls, screenings, refuse screenings, straw, cobs or other high fiber material, unless the name of each material is stated on the label.

(5) If the feed contains pesticide residues or other chemicals in excess of amounts that, by rule, the State Department of Agriculture declares safe for feeding purposes. In adopting rules under this subsection the department may take into consideration the commonly permitted amounts of chemicals authorized by:

(a) The United States and other states.

(b) Other recognized agencies or organizations experienced in the chemical field.

(6) If the feed contains a drug other than those permitted by rules adopted by the department. In adopting rules under this subsection, the department shall consider the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug and Cosmetic Act.

(7) If the feed is wild bird feed and contains viable noxious weed seeds in excess of amounts established by the department by rule. [1961 c.314 §5; 1971 c.489 §3; 2007 c.282 §4]

Source: Section 633.045 — Adulterated commercial feeds prohibited; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 624.096 — OR Code / Title 49 / Chapter 624 / Section 624.096
624.096 Summary closure of temporary restaurant
Status: in_force

If a violation of any provision of ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) or any rule adopted under ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) comes to the attention of the Director of the Oregon Health Authority and the violation is of such a nature as to constitute a serious hazard to the health of the public, the director may immediately close an intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant by giving written notice to the operator. The inspection report carrying a statement ordering closure and signed by the director delivered to the operator may serve as the written notice of the closure. The director shall file a copy of the notice in the records of the Oregon Health Authority. The closure order shall have the effect of an immediate revocation of the operator’s license. The director shall, if requested, provide a prompt hearing after closure in accordance with ORS chapter 183. [Formerly 624.075; 2009 c.595 §1012; 2011 c.664 §10]

Source: Section 624.096 — Summary closure of temporary restaurant; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 632.935 — OR Code / Title 49 / Chapter 632 / Section 632.935
632.935 Adoption of United States standards
Status: in_force

The State Department of Agriculture may establish as the official standard for this state for any horticultural or agricultural product or container, any standard which may have been promulgated or announced therefor under the authority of the Congress of the United States, and the department is authorized to cooperate with the United States, or any department thereof, in accomplishing the matters and things provided for in 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) . [Formerly 616.440; 1979 c.91 §5]

Source: Section 632.935 — Adoption of United States standards; cooperation with United States , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 621.224 — OR Code / Title 49 / Chapter 621 / Section 621.224
621.224 Bacterial standards
Status: in_force

All fluid milk is subject to the same bacterial standards as established by rule of the State Department of Agriculture. [Formerly 621.077]

Source: Section 621.224 — Bacterial standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 621.297 — OR Code / Title 49 / Chapter 621 / Section 621.297
621.297 Certification of milk and dairy product testing laboratories
Status: in_force

(1) The chief laboratory officer of the State Department of Agriculture may certify milk and dairy industry laboratories or other commercial laboratories capable of analyzing milk and dairy products to perform specified analyses of milk and dairy products. Certification shall be for those tests, analyses and methods specified by the department and may be limited by the department to one or more specific tests, methods or products.

(2) On or before July 1 of each year, a laboratory certified under subsection (1) of this section shall pay a fee established by the department not exceeding $100. [1971 c.769 §9; 1999 c.197 §43]

Source: Section 621.297 — Certification of milk and dairy product testing laboratories; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 634.415 — OR Code / Title 49 / Chapter 634 / Section 634.415
634.415 Rules to insure adequate precautionary measures in use of thiram in reforestation
Status: in_force

The Workers’ Compensation Board shall as a result of the study direct the Occupational Health Section to promulgate rules and regulations to insure that adequate precautionary measures and procedures are followed during the use of thiram in reforestation operations. [1975 c.777 §3]

Source: Section 634.415 — Rules to insure adequate precautionary measures in use of thiram in reforestation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 632.741 — OR Code / Title 49 / Chapter 632 / Section 632.741
632.741 Additional fee
Status: in_force

(1) In addition to the license fee adopted by rule under ORS 632.720 (Fee) , each egg handler shall pay to the State Department of Agriculture a fee prescribed by the department, not to exceed two and one-half mills per dozen eggs sold by such egg handler. Such fee shall be paid by remitting monthly payments, on dates prescribed by the department, accompanied by such reports concerning egg sales as the department may prescribe. The egg handler utilizing this method shall prepare and maintain adequate books and records evidencing the egg sales, and shall keep the same for at least two years. The department is authorized to inspect and audit such books and records as provided in ORS 561.265 (Inspecting records of persons required to pay fees to department) and the egg handler shall pay to the department its costs for the same. The department shall assign such egg handler a permit number to be placed on egg containers in the manner prescribed by the department.

(2) The fees required to be paid under subsection (1) of this section and, except as otherwise provided under ORS 632.771 (Information on container label) , the labeling required by ORS 632.771 (Information on container label) do not apply to:

(a) Eggs sold and shipped outside of this state;

(b) Eggs sold to the United States Government;

(c) Bulk sales of eggs;

(d) Eggs sold to another egg handler for processing into egg products; or

(e) Eggs sold by a producer to consumers at the place of production. [1975 c.748 §6 ( 632.741 (Additional fee) enacted in lieu of 632.740); 1991 c.632 §9; 2012 c.64 §33]

Source: Section 632.741 — Additional fee; reports; records; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 616.875 — OR Code / Title 49 / Chapter 616 / Section 616.875
616.875 Rules
Status: in_force

(1) In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture may promulgate rules for the administration and enforcement of the provisions of ORS 616.850 (Definitions for ORS 616.850 to 616.890) to 616.890 (Short title) .

(2) A retail establishment or department thereof shall be considered to have gross annual receipts from the sale of consumer commodities of $1.5 million or more as described in ORS 616.850 (Definitions for ORS 616.850 to 616.890) (2), unless the establishment demonstrates to the department that it does not. The determination of the director shall be deemed a final order not in a contested case for purposes of judicial review under ORS chapter 183. [1977 c.181 §8; 2009 c.175 §8]

Source: Section 616.875 — Rules; retail establishments presumed subject to unit pricing until exempted by department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 616.320 — OR Code / Title 49 / Chapter 616 / Section 616.320
616.320 Short title
Status: in_force

ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) may be cited as the Oregon Food Law. [Amended by 2001 c.320 §7]

Source: Section 616.320 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 633.720 — OR Code / Title 49 / Chapter 633 / Section 633.720
633.720 Sampling and testing on request of owner of seed
Status: in_force

On application of any person owning or controlling any lot of seed, the director may draw an official sample of any lot of such seed for official testing purposes. After dividing the sample into two approximately equal portions and properly identifying, labeling and sealing them, the director shall tender one portion to the applicant and shall send the other portion directly to the agricultural experiment station for testing. The experiment station shall report the results of such tests to the person for whom such sample was drawn, and the person shall pay for such sampling at rates established by the director, in accordance with ORS 633.680 (Establishment of standards of germination) , and for the seed testing at commercial rates as established by the dean in accordance with ORS 633.600 (Fees for seed tests) .

Source: Section 633.720 — Sampling and testing on request of owner of seed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 616.997 — OR Code / Title 49 / Chapter 616 / Section 616.997
616.997 Civil penalties
Status: in_force

(1) In addition to any penalty available under ORS 561.190 (Rules and regulations) , 616.992 (General criminal penalty) or 616.994 (Criminal penalty for open date labeling law violations) , the State Department of Agriculture may impose a civil penalty for a violation of this chapter, of rules, regulations or standards adopted under this chapter or of an order issued under ORS 616.713 (Unauthorized food establishments) . 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 §12; 2019 c.387 §3]

Source: Section 616.997 — Civil penalties; rules; hearing; disposition of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 632.910 — OR Code / Title 49 / Chapter 632 / Section 632.910
632.910 Factors to be considered in establishing grades, standards or classifications
Status: in_force

(1) In establishing, under any law of this state, any grades, standards or classifications for any horticultural or agricultural products, the State Department of Agriculture, in addition to other factors as may be specified by law, shall take into account and base the grades, standards or classifications upon the following factors that are applicable to the product involved:

(a) Degree of maturity;

(b) Size, measured by dimensions or weight;

(c) Degree of freshness, as determined by physical examination or chemical test or analysis;

(d) Moisture content;

(e) Uniformity;

(f) Color;

(g) Firmness;

(h) Tenderness;

(i) Freedom from injury;

(j) Freedom from insect pests;

(k) Diseases;

(L) Appearance;

(m) Freedom from mixture with other varieties;

(n) Freedom from noxious weeds or weed seeds;

(o) Freedom from decay;

(p) Conformation;

(q) Soundness;

(r) Varietal characteristics or type;

(s) Number of specimens per pound;

(t) Nature of pack;

(u) Presence of dirt or other foreign material;

(v) Condition as to temperature and extent to which the product is hot or heating or is in a sour condition;

(w) Extent to which commodity is satisfactory for human or other consumption or use, as the case may be;

(x) Extent to which the product has been affected by handling or treatment;

(y) Extent to which the product has a commercially objectionable odor or flavor; and

(z) Other factors indicative of quality or condition, and the value or suitability of the commodity involved for the commercial or other use to be made thereof.

(2) In addition, the department shall take into account any grades, standards or classifications for a product established by the United States Department of Agriculture and also applicable federal grades and standards laws. [Formerly 616.415; 1997 c.460 §3; 2003 c.14 §380]

Source: Section 632.910 — Factors to be considered in establishing grades, standards or classifications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 621.207 — OR Code / Title 49 / Chapter 621 / Section 621.207
621.207 Prohibition against unauthorized removal of condemnation tag or marking or use of container or its contents
Status: in_force

(1) A person other than an authorized employee or agent of the State Department of Agriculture shall not remove a condemnation tag or marking from a container.

(2) A person shall not place any fluid milk, cream, milk or dairy product in a container bearing a condemnation tag or marking.

(3) A person shall not use the contents of a container that has been condemned to manufacture, process or bottle fluid milk, cream, milk or dairy products. [Formerly 621.666]

Source: Section 621.207 — Prohibition against unauthorized removal of condemnation tag or marking or use of container or its contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 632.847 — OR Code / Title 49 / Chapter 632 / Section 632.847
632.847 Commerce in eggs or egg products from noncompliant production
Status: in_force

(1) Except as provided under subsection (2) of this section, a person may not buy, sell, offer to buy or sell, transport or offer to transport in intrastate commerce, or accept receipt of, an egg or egg product that was not produced in compliance with ORS 632.845 (Prohibition against improper confinement of egg-laying hen) .

(2) Subsection (1) of this section does not apply to a sale of eggs or egg products at an official plant, as defined in 21 U.S.C. 1033, where mandatory inspection is maintained under the federal Egg Products Inspection Act (21 U.S.C. 1031 et seq.). For purposes of this subsection, sale occurs at the location where the buyer takes physical possession of the eggs or egg products. [2019 c.686 §3]

Source: Section 632.847 — Commerce in eggs or egg products from noncompliant production , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 634.910 — OR Code / Title 49 / Chapter 634 / Section 634.910
634.910 Reduction of penalty
Status: in_force

A civil penalty imposed under ORS 634.900 (Penalty for certain violations) may be remitted or reduced upon such terms and conditions as the Director of Agriculture considers proper and consistent with the public health and safety. [1989 c.943 §4]

Source: Section 634.910 — Reduction of penalty; criteria , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 619.036 — OR Code / Title 49 / Chapter 619 / Section 619.036
619.036 Sanitation and record inspections
Status: in_force

The State Department of Agriculture is authorized:

(1) To inspect at reasonable times the equipment, meat and meat products and premises of establishments, meat seller establishments, grocery stores, or other places of business, for the purpose of enforcing minimum sanitary requirements, wholesomeness of meat and meat products and other provisions of ORS 576.024 (Department authorized to inspect records and businesses for economic study purposes) , 619.010 (Definitions for ORS 619.010 to 619.026 and 619.036 to 619.066) to 619.071 (Disposition of moneys received by department) , 619.370 (Labeling concerning addition of chemical preservative) and 619.993 (Criminal penalty for meat inspection law violations) or rules adopted under ORS 576.024 (Department authorized to inspect records and businesses for economic study purposes) , 619.010 (Definitions for ORS 619.010 to 619.026 and 619.036 to 619.066) to 619.071 (Disposition of moneys received by department) , 619.370 (Labeling concerning addition of chemical preservative) and 619.993 (Criminal penalty for meat inspection law violations) .

(2) To seize, embargo or detain any food commodity, or quarantine any building, equipment, vehicle or facility found upon inspection or test to be in violation of ORS 619.026 (Meat preparation establishment sanitation requirements) to 619.066 (Labeling of meat products to conform to ORS chapters 616 and 618) or of any rule adopted under ORS 619.026 (Meat preparation establishment sanitation requirements) to 619.066 (Labeling of meat products to conform to ORS chapters 616 and 618) .

(3) To inspect at reasonable times the records required to be kept by ORS 619.031 (Animal food slaughtering and processing establishments) (7). [1973 c.174 §12; 2005 c.735 §§7,8]

Source: Section 619.036 — Sanitation and record inspections; seizure of nonconforming foods and facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 616.256 — OR Code / Title 49 / Chapter 616 / Section 616.256
616.256 Labeling exemption for foods to be repackaged
Status: in_force

The State Department of Agriculture may by rule exempt from any of the labeling requirements of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) , food which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed. Such exemptions shall be conditioned upon the fact that such food is not adulterated or misbranded under the provisions of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) , upon the removal from such processing, labeling or repacking establishment. [1973 c.227 §10 (enacted in lieu of 616.255); 2001 c.320 §5]

Source: Section 616.256 — Labeling exemption for foods to be repackaged; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 624.080 — OR Code / Title 49 / Chapter 624 / Section 624.080
624.080 Diseased persons working in restaurants, bed and breakfast facilities or temporary restaurants
Status: in_force

(1) The Oregon Health Authority may, by rule, define certain communicable diseases that are capable of being spread to the public by employees of a restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant.

(2) A person who is affected with a communicable disease described in subsection (1) of this section or is a carrier of such disease may not work in any restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant. A restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant may not employ a person who is affected with, carries or is suspected of being affected with or carrying any communicable disease. If the restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant manager suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease, the manager shall notify the Director of the Oregon Health Authority immediately. A placard containing this subsection shall be posted in all toilet rooms.

(3) When suspicion arises as to the possibility of transmission of infection from any restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant employee, the director may require any or all of the following measures:

(a) The immediate exclusion of the employee from all restaurants, bed and breakfast facilities, intermittent temporary restaurants, seasonal temporary restaurants and single-event temporary restaurants; and

(b) Adequate medical examinations of the employee and associates of the employee, with such laboratory examinations as may be indicated. [Amended by 1957 c.672 §5; 1973 c.825 §10; 1987 c.226 §6; 1999 c.59 §184; 2009 c.595 §1009; 2011 c.664 §7]

Source: Section 624.080 — Diseased persons working in restaurants, bed and breakfast facilities or temporary restaurants; suspicion of possible transmission of infection; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 632.980 — OR Code / Title 49 / Chapter 632 / Section 632.980
632.980 Improper grading and incorrect certificates prohibited
Status: in_force

No person shall, 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) , knowingly inspect, grade or classify improperly any horticultural or agricultural product or knowingly give any incorrect certificate of grade, classification, quality or condition. [Formerly 616.475]

Source: Section 632.980 — Improper grading and incorrect certificates prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 621.193 — OR Code / Title 49 / Chapter 621 / Section 621.193
621.193 Standards for farm bulk storage facilities
Status: in_force

The State Department of Agriculture shall prescribe standards of construction and sanitation for bulk storage tanks, equipment, buildings and other facilities used by producers to store milk that is to be sold to a dairy products plant or to be used at a physical facility of a distributor or producer-distributor. The standards shall be for the purpose of ensuring the wholesomeness of milk, fluid milk and dairy products, and may include, but are not limited to, standards regulating the:

(1) Size, location, construction and sanitation of bulk storage tanks, equipment, buildings and other facilities.

(2) Lighting and ventilation.

(3) Water supply.

(4) Cooling equipment. [1969 c.164 §2; 1999 c.197 §29]

Source: Section 621.193 — Standards for farm bulk storage facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 632.950 — OR Code / Title 49 / Chapter 632 / Section 632.950
632.950 Termination of department inspection activities by grower vote
Status: in_force

At any time before or after the State Department of Agriculture is conducting the inspection and classification of a particular fruit or vegetable at a particular plant of a handler, if 51 percent of the growers who produce 60 percent or more of that product vote against the department inspection and classification of that particular product, the department shall not inaugurate such inspection, or if already inspecting shall terminate such inspections. To have such an election 20 percent of the growers shipping that product to the handler shall petition the department. If the department finds the petition in order it shall conduct an election. The costs of the election and the method and time of voting shall be specified by the department and the petitioners for such election shall pay such costs prior to any vote. Once an election has been held to reject inspection no new election either to require inspection or to reject inspection shall be held in less than one year following the previous election. All subsequent elections shall require the same percentage of petitioners for the election and the same percentage vote of growers and volume of product as provided in this section. The costs of all elections shall be assessed to the petitioners for each election and shall be paid to the department prior to such election. [1973 c.587 §4]

Source: Section 632.950 — Termination of department inspection activities by grower vote; election procedure; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 622.010 — OR Code / Title 49 / Chapter 622 / Section 622.010
622.010 Definitions
Status: in_force

As used in this chapter:

(1) “Dealer” means every person or peddler engaged in the business of growing, harvesting, processing or distributing shellfish for human consumption.

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

(3) “Peddler” means every person who on the person’s own behalf or as the agent of another goes from place to place, or house to house, carrying or offering shellfish for sale.

(4) “Person” includes city, county and state as well as those included within the definition of person in ORS 174.100 (Definitions) .

(5) “Shellfish” means:

(a) All edible species of oysters, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.

(b) All edible species of clams, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.

(c) All edible species of mussels, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.

(d) All edible species of scallops, either shucked or in the shell, fresh or frozen, whole or in part, except when the final product is the shucked adductor muscle only, and intended for human consumption. [1955 c.331 §1; 1969 c.283 §1; 1973 c.508 §1; 1993 c.720 §6; 1995 c.25 §1]

Source: Section 622.010 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 618.081 — OR Code / Title 49 / Chapter 618 / Section 618.081
618.081 Owners of weights and measures required to correct deficiencies
Status: in_force

The owner of weights and measures rejected pursuant to ORS 618.076 (Approving use of weights and measures) shall cause such weights and measures to be made correct within the time specified by the State Department of Agriculture or may dispose of such weights and measures in such manner as is authorized by the department. Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined by the department and found to be correct, or approval for use is given by the department, or the rejection tag has been removed and the rejected device repaired and placed in service by a person or firm so authorized by the department. [1973 c.293 §20]

Source: Section 618.081 — Owners of weights and measures required to correct deficiencies; reexamination of incorrect weights and measures prior to use , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 625.080 — OR Code / Title 49 / Chapter 625 / Section 625.080
625.080 Distributor’s license required
Status: in_force

No person shall engage within this state in the sale or distribution of any bakery product, other than exclusively as a retail food store or otherwise at retail at a fixed place or places of business, without holding a license so to do issued to that person by the State Department of Agriculture; but this does not affect the delivery of bakery products sold in a retail food store. A distributor’s license is not required of any person distributing solely bakery products manufactured by the person in a bakery licensed under ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) .

Source: Section 625.080 — Distributor’s license required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 625.220 — OR Code / Title 49 / Chapter 625 / Section 625.220
625.220 Labeling of bread loaves
Status: in_force

Bread sold or offered for sale in the form of loaves shall be conspicuously labeled as required by the rules promulgated by the State Department of Agriculture under the authority of ORS 625.160 (Powers of department) . The provisions of this section do not apply to:

(1) A bakery where unwrapped bread is displayed and can be inspected by prospective purchasers and where, after purchase, the loaf of bread is immediately placed in a bag by the bakery personnel.

(2) A bakery that is a wholesale establishment that sells bread to a restaurant in which the bread is consumed on the premises.

(3) Bread sold at an occasional temporary bake sale held by a fraternal, religious, social or service organization. [1963 c.594 §3; 1965 c.142 §1; 1969 c.192 §4; 1987 c.472 §4; 2009 c.11 §80]

Source: Section 625.220 — Labeling of bread loaves; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 628.290 — OR Code / Title 49 / Chapter 628 / Section 628.290
628.290 Sanitary and safety requirements
Status: in_force

(1) Each refrigerated locker plant wherein food is handled, wrapped or processed shall have available, and maintain in a clean, healthful and sanitary condition, a washroom with hot and cold running water.

(2) Each refrigerated room with a temperature below 30 degrees Fahrenheit, if used by the public or accessible to locker renters, shall be equipped with safety light or lights burning continuously during all times when the plant is open and so located as to assure easy exit from the refrigerated room. Switches for safety lights shall be so located or installed that the public cannot regulate their “on” and “off” positions.

(3) Each refrigerated room with a temperature below 12 degrees Fahrenheit, if used by the public or accessible to locker renters, shall be equipped with a distress signal, plainly marked as such for use by patrons. The distress signal alarm may be located at a place outside the locker plant. The refrigerated room shall be accessible to the public only at such times as an attendant is within hearing distance of the distress signal alarm. The distress signal when activated shall perform continuously until arrested by a second operation. The distress signal shall produce a distinctive sound capable of being heard and distinguished by an attendant from any other signal. The operator of the locker room or the employee of the operator shall test the distress signal on each day on which the public has access to the refrigerated room.

(4) Subsection (3) of this section does not apply if an operating extension telephone, plainly marked for use by patrons as a distress signal, is located inside the refrigerated room at a convenient height not to exceed four feet above floor level.

(5) All refrigerator doors shall be so constructed as to be opened from either the inside or outside of any room or compartment to which they give access, and shall be so maintained as to assure that such doors will open freely at all times.

(6) All machinery or other devices dangerous to the public shall be adequately covered and guarded to protect locker room tenants against injury. [Amended by 1955 c.174 §2]

Source: Section 628.290 — Sanitary and safety requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 634.510 — OR Code / Title 49 / Chapter 634 / Section 634.510
634.510 Conditions for sale
Status: in_force

A tributyltin-based marine antifouling paint or coating may be sold or used in this state if the paint or coating is:

(1) Sold and used in accordance with ORS 634.515 (Sale by pesticide dealer) and 634.520 (Report of sales to department) ; and

(2) Intentionally left blank —Ed.

(a) A low-leaching tributyltin antifouling paint or coating used on aluminum hulls;

(b) A low-leaching tributyltin antifouling paint or coating used on a ship that is more than 25 meters in length; or

(c) Intentionally left blank —Ed.

(A) In a spray can containing 16 ounces or less of paint or coating; and

(B) Commonly referred to as an outboard or lower drive unit paint. [1987 c.207 §4]

Source: Section 634.510 — Conditions for sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 632.835 — OR Code / Title 49 / Chapter 632 / Section 632.835
632.835 Definitions for ORS 632.835 to 632.849
Status: in_force

As used in ORS 632.835 (Definitions for ORS 632.835 to 632.849) to 632.849 (Production exempt from compliance) :

(1) “Cage-free housing system” means an indoor or outdoor controlled environment for egg-laying hens within which the hens:

(a) May roam unrestricted, other than by external walls;

(b) Are provided with enrichments that allow the hens to exhibit natural behavior, including, at a minimum, scratch areas, perches, nest boxes and dust bathing areas; and

(c) Are provided with care by farm employees who are standing somewhere within the hens’ usable floor space.

(2) “Commercial farm” means the land, buildings and support facilities that are used for the commercial production of animals or animal products used for food or fiber.

(3) “Commercial farm owner or operator” means any person who owns or controls the operation of a commercial farm. “Commercial farm owner or operator” does not mean a contractor, consultant or nonmanagement employee.

(4) “Egg” means an egg, in the shell, from an egg-laying hen.

(5) “Egg-laying hen” means any female domesticated chicken, turkey, duck, goose, guinea fowl or other species of fowl that is kept for the purpose of egg production.

(6) “Egg products” has the meaning given that term in ORS 632.705 (Definitions for ORS 632.705 to 632.815) , except that “egg products” does not include the following products when those products are prepared from egg products or eggs inspected by the United States Department of Agriculture, or by the State Department of Agriculture under a cooperative agreement with the United States Department of Agriculture:

(a) Freeze-dried products;

(b) Imitation egg products;

(c) Egg substitutes;

(d) Dietary foods;

(e) Dried no-bake custard mixes;

(f) Eggnog mixes;

(g) Acidic dressings;

(h) Noodles;

(i) Milk and egg dips;

(j) Cake mixes;

(k) French toast;

(L) Balut; and

(m) Sandwiches containing eggs or egg products.

(7) “Enclosure” means any structure used to confine an egg-laying hen.

(8) “Total square feet”:

(a) Means ground space plus elevated level or nearly level platforms to accommodate egg flow, upon which an egg-laying hen can roost.

(b) Does not include perches or ramps.

(9) “Usable floor space” means the total square feet of floor space provided to an egg-laying hen, calculated by dividing the total square feet of floor space in an enclosure by the number of egg-laying hens. [2011 c.436 §1; 2019 c.686 §6]

Source: Section 632.835 — Definitions for ORS 632.835 to 632.849 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 628.350 — OR Code / Title 49 / Chapter 628 / Section 628.350
628.350 Rules and regulations
Status: in_force

The State Department of Agriculture may make and enforce reasonable rules and regulations to carry out the provisions 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) .

Source: Section 628.350 — Rules and regulations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 632.275 — OR Code / Title 49 / Chapter 632 / Section 632.275
632.275 Filing trademark for containers, equipment and supplies for fruit and vegetables
Status: in_force

Any persons, firms, corporations or associations engaged in producing, packing, canning tree fruits, vegetables and small fruits who furnish or provide lug boxes or containers for any grower or other person, firm or corporation with the trademark of the grower, person, firm or corporation as defined by ORS 647.005 (Definitions) , impressed or produced thereon, or whose equipment or supplies, owned by and used in the business of the grower, person, firm or corporation, bears a trademark impressed or produced thereon, and any corporations and associations whose members are so engaged and use such containers or have such equipment or supplies may file such trademark with the Secretary of State as provided in ORS chapter 647. [Formerly 616.605]

Source: Section 632.275 — Filing trademark for containers, equipment and supplies for fruit and vegetables , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 618.526 — OR Code / Title 49 / Chapter 618 / Section 618.526
618.526 Method of serving investigative demand
Status: in_force

Service of an investigative demand under ORS 618.521 (Investigative demand) shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made in the following manner:

(1) By personal service outside this state;

(2) By registered or certified mail to the last-known place of business, residence or abode within or outside this state of the person for whom the investigative demand is intended;

(3) In the manner provided for service of summons in an action or suit; or

(4) In accordance with the direction of a court. [1973 c.294 §7; 2015 c.83 §2]

Source: Section 618.526 — Method of serving investigative demand , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 618.551 — OR Code / Title 49 / Chapter 618 / Section 618.551
618.551 Remedies supplementary to existing statutory or common law remedies
Status: in_force

The remedies provided in ORS 618.506 (Enjoining security seal violations) to 618.541 (Loss of license for operation in violation of injunction) and 618.995 (Civil penalties) are in addition to all other remedies, civil or criminal, existing at common law or under the laws of this state. [1973 c.294 §12]

Source: Section 618.551 — Remedies supplementary to existing statutory or common law remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 619.360 — OR Code / Title 49 / Chapter 619 / Section 619.360
619.360 Identification required before transporting for sale for human consumption
Status: in_force

Except as provided in ORS 619.375 (Certain fryers excepted from provisions of ORS 619.350 to 619.380) , and except for a common carrier, no person shall transport any fryer for purposes of sale for human consumption unless the fryer is identified as required by ORS 619.355 (Identification required before sale for human consumption) (1) and 619.370 (Labeling concerning addition of chemical preservative) . [1959 c.385 §7; 1997 c.462 §4]

Source: Section 619.360 — Identification required before transporting for sale for human consumption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 628.370 — OR Code / Title 49 / Chapter 628 / Section 628.370
628.370 Jurisdiction and prosecution of violations of ORS 628.210 to 628.370
Status: in_force

Justice courts shall have concurrent jurisdiction with the circuit court of all prosecutions arising 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) . The district attorney may institute prosecutions for violations 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) by information, or the prosecutions may be instituted by indictment or complaint verified before any magistrate.

Source: Section 628.370 — Jurisdiction and prosecution of violations of ORS 628.210 to 628.370 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 632.745 — OR Code / Title 49 / Chapter 632 / Section 632.745
632.745 When invoices required
Status: in_force

(1) Each person who sells eggs in bulk shall furnish the purchaser with an invoice covering each such sale, showing the exact grade or quality and the size or weight of the eggs sold, according to the standards prescribed by the federal Act or the State Department of Agriculture, together with the name and address of the person by whom the eggs were sold. The invoices shall be available during business hours for inspection by the department. The invoices shall be kept for at least:

(a) One year by the seller; and

(b) 60 days by the purchaser.

(2) No invoice shall be required on eggs when sold to the United States Government or to an individual consumer.

(3) Any person or retailer selling eggs through its own stores or outlets may keep the records required by subsection (1) of this section, at its principal place of business within this state and is not required to keep the records at the stores or outlets. [1965 c.582 §7; 1975 c.748 §7; 1995 c.79 §321]

Source: Section 632.745 — When invoices required; exception; availability for inspection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 634.655 — OR Code / Title 49 / Chapter 634 / Section 634.655
634.655 Policy
Status: in_force

The Legislative Assembly declares that it is the policy of the State of Oregon to require all state agencies that have pest control responsibilities to follow the principles of integrated pest management. [1991 c.943 §2]

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

Source: Section 634.655 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 633.318 — OR Code / Title 49 / Chapter 633 / Section 633.318
633.318 Licensing of manufacturers and bulk distributors
Status: in_force

(1) A manufacturer-bulk distributor license issued by the State Department of Agriculture is required for manufacturers or bulk distributors of registered or custom mixed fertilizer, agricultural amendment, agricultural mineral or lime products. A license is required for any business entity described by either or both of the following conditions:

(a) Each out-of-state or in-state business entity that distributes fertilizer, agricultural amendment, agricultural mineral or lime in bulk.

(b) Each in-state business entity that manufactures any fertilizer, agricultural amendment, agricultural mineral or lime product in this state.

(2) An application for a manufacturer-bulk distributor license must be filed on forms provided by the department and must be accompanied by a nonrefundable license fee to be determined by rule, not to exceed $50 for each business entity per year.

(3) An application for a license must include but not be limited to:

(a) The name, physical address and mailing address of the business entity main office and primary contact;

(b) A list of locations that are in operation for more than 90 days during a license period; and

(c) Other information as required by the department to clarify the manufacturer’s or bulk distributor’s activities or location.

(4) A manufacturer-bulk distributor license will expire on December 31 of each year or on such date as may be specified by department rule. A late fee of $25 may be assessed by the department on or after the 30th day following the expiration of a license if the license fee has not been paid by the applicant. The late fee shall be added to the required license fee and must be paid by the applicant before the department may issue a license to the applicant.

(5) Within 30 days, each license holder shall report any change to the department that results in the addition, removal or change of a location. [2001 c.914 §22; 2007 c.768 §38]

Source: Section 633.318 — Licensing of manufacturers and bulk distributors; application; fee; change of location; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 618.101 — OR Code / Title 49 / Chapter 618 / Section 618.101
618.101 Evidentiary presumptions regarding weights and measures law
Status: in_force

For the purposes of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) , proof of the existence of a weight or measure or a weighing or measuring instrument or device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on is presumptive proof of the regular use of such weight or measure or weighing or measuring instrument or device for commercial purposes and of such use by the person in charge of such building, enclosure, stand or vehicle. [1973 c.293 §51; 2005 c.22 §424]

Source: Section 618.101 — Evidentiary presumptions regarding weights and measures law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 632.771 — OR Code / Title 49 / Chapter 632 / Section 632.771
632.771 Information on container label
Status: in_force

(1) The labeling of any container used by an egg handler shall include the information required by the federal Act or rules promulgated thereunder, or:

(a) The full, correct and unabbreviated designation of size and grade or quality of the eggs;

(b) The common or usual name, if any there be, of the eggs or egg product;

(c) The lot or production code, number or date;

(d) The net contents;

(e) The name and address of the egg handler or distributor, and in the case of a distributor shall include qualifying terms as “packed for,” “distributed by” or “distributor”; and

(f) The Oregon state egg seal or the official number assigned to the egg handler by the State Department of Agriculture.

(2) The labeling information required by subsection (1) of this section shall be of a size and in a location prescribed by the department or by the rules promulgated under the federal Act.

(3) If eggs are sold by retailers to consumers from a bulk display, in lieu of the labeling information required by subsection (1) of this section, there shall be a clearly visible and legible placard prominently displayed immediately adjacent to such display containing the size and grade or quality of the eggs.

(4) Advertising of eggs or egg products shall conform to such provisions of subsection (1) of this section as the department may prescribe.

(5) Notwithstanding subsections (1) to (4) of this section and ORS 632.786 (Prohibited acts) (5) and (9), except as provided under subsection (6)(a) of this section, a producer may sell candled eggs using the designation “ungraded” instead of designating the size and grade or quality of the eggs if:

(a) The producer:

(A) Sells eggs of the producer’s own production directly to consumers; or

(B) Sells eggs of the producer’s own production by consignment under ORS 616.683 (Regulatory exemption for sales location and farm direct marketer of certain agricultural products) (2)(f).

(b) The labeling and display of the “ungraded” designation conforms with the size and location requirements prescribed under subsections (2) and (3) of this section for the labeling and display of an egg grade designation.

(6) For ungraded eggs described in subsection (5) of this section:

(a) The labeling must include a net content statement indicating the number of ungraded eggs; and

(b) The labeling or display need not include any statement of net weight. [1975 c.748 §13 (enacted in lieu of 632.770); 2017 c.88 §3; 2023 c.181 §6]

Source: Section 632.771 — Information on container label; sale from bulk display; advertising; ungraded eggs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 624.560 — OR Code / Title 49 / Chapter 624 / Section 624.560
624.560 Waiver of food sanitation rules
Status: in_force

(1) A person may apply to the Oregon Health Authority for a variance from one or more rules of the authority regarding food sanitation, including but not limited to rules regarding personnel, food protection, equipment and facilities, utilities and plan review. An application for a variance must be accompanied by a fee of $500. If the authority grants the variance, the authority shall state the terms and conditions of the variance.

(2) The authority shall adopt rules establishing requirements for applications and variances under this section.

(3) The authority may not delegate the granting of variances under this section. [2019 c.456 §115]

Source: Section 624.560 — Waiver of food sanitation rules; fee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 616.735 — OR Code / Title 49 / Chapter 616 / Section 616.735
616.735 When insanitary conditions exist
Status: in_force

A food establishment shall be considered unclean, unhealthful and insanitary if:

(1) Food in the food establishments is not protected from adulteration as defined in ORS 616.235 (When food deemed adulterated) , as required by the State Department of Agriculture;

(2) The refuse, dirt and waste products, subject to decomposition or fermentation incident to the operation of the food establishment are not removed as required by the department;

(3) All trunks, trays, boxes, baskets, buckets, or other receptacles, chutes, platforms, racks, troughs, shelves and all knives, saws, cleavers and other utensils and machinery used in operation of the food establishment are not thoroughly cleaned as required by the department;

(4) Proper toilet and lavatory facilities are not provided for employees, or not maintained and kept in a clean and sanitary condition; or

(5) The clothing and persons of operatives, employees, clerks or other persons therein employed are unclean. [Amended by 1975 c.389 §9]

Source: Section 616.735 — When insanitary conditions exist , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 616.073 — OR Code / Title 49 / Chapter 616 / Section 616.073
616.073 Policy and prohibitions on sulfite use
Status: in_force

(1) The Legislative Assembly finds that sulfites used as an additive in fresh foods and foods to be consumed without cooking may have already caused the death of one Oregonian and may pose a threat to the health of thousands of Oregonians.

(2) The Legislative Assembly further finds that the presence of sulfites in fresh foods and foods to be consumed without cooking is not readily detectable by consumers of the food.

(3) It is therefore the policy of the State of Oregon to protect its citizens from the adverse effects of sulfites by:

(a) Prohibiting the use of sulfites in fresh foods and foods to be consumed without cooking by any restaurant licensed under ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) and 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) ; and

(b) Encouraging the use of an alternative to sulfites in food processing.

(4) Subsection (3) of this section shall not prohibit the use or serving of grapes, to which sulfites have been applied in accordance with the provisions of ORS chapters 616 and 634, in facilities licensed under ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) and 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) . [1985 c.519 §1; 1993 c.246 §1]

Source: Section 616.073 — Policy and prohibitions on sulfite use; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 619.095 — OR Code / Title 49 / Chapter 619 / Section 619.095
619.095 When game meat inspection required
Status: in_force

(1) Game meat donated to charitable organizations shall be inspected by the State Department of Agriculture to determine fitness for human consumption as provided in ORS 603.045 (Custom slaughter and processing regulations) and 619.031 (Animal food slaughtering and processing establishments) or shall be inspected and determined fit for human consumption by employees of the State Department of Fish and Wildlife or the Department of State Police who have been trained by the State Department of Agriculture in the procedures provided in ORS 603.045 (Custom slaughter and processing regulations) and 619.031 (Animal food slaughtering and processing establishments) , and shall be processed by an establishment approved by the State Department of Agriculture as provided in ORS 619.026 (Meat preparation establishment sanitation requirements) and 619.031 (Animal food slaughtering and processing establishments) and may be served for human consumption by charitable organizations.

(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 §2; 1987 c.320 §239; 1997 c.249 §187; 2001 c.900 §209; 2009 c.595 §998]

Source: Section 619.095 — When game meat inspection required; processing by approved establishment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 624.992 — OR Code / Title 49 / Chapter 624 / Section 624.992
624.992 Civil penalty
Status: in_force

(1) In addition to any other penalty provided by law, the Oregon Health Authority may impose a civil penalty on any person for violation of ORS 624.020 (License) (1), 624.060 (Inspection and reinspection of restaurants and bed and breakfast facilities) (1), 624.060 (Inspection and reinspection of restaurants and bed and breakfast facilities) (4), 624.070 (Examination of food and drink samples) , 624.073 (Revocation, suspension or refusal of license) , 624.320 (License requirement for commissary, warehouse, mobile unit or vending machine) , 624.370 (Inspection of commissary, warehouse, mobile unit or vending machine) , 624.425 (Diseased persons working in commissary or mobile unit) or 624.430 (Fee payment) or rules adopted under ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) or 624.355 (Rules) .

(2) After public hearing, the authority by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under subsection (1) of this section.

(3) Civil penalties under subsection (1) of this section shall be imposed in the manner provided by ORS 183.745 (Civil penalty procedures) .

(4) A local public health authority delegated civil penalty power under an intergovernmental agreement described in ORS 624.510 (Intergovernmental agreements with local public health authorities) shall implement that power in accordance with protocols and limits established by the Oregon Health Authority by rule. The local public health authority’s civil penalty power applies only to imminent and present dangers to public health and to operation without a license. [1995 c.578 §14; 2001 c.975 §10; 2003 c.309 §20; 2009 c.595 §1038]

Source: Section 624.992 — Civil penalty; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 635.030 — OR Code / Title 49 / Chapter 635 / Section 635.030
635.030 License application
Status: in_force

(1) Any person desiring to or who does engage in the business of a nonalcoholic beverage manufacturer shall apply to the State Department of Agriculture for a license for each plant operated by such person. The application shall be in such form and contain such information as the department may prescribe.

(2) The department may adopt rules establishing license fee schedules for nonalcoholic beverage manufacturers. The department may determine the license fee for a manufacturer based upon the annual gross sales by the manufacturer. In establishing the amount of the license fee for a manufacturer, the department shall use the annual gross sales by that manufacturer within Oregon during the prior calendar year or, if the manufacturer maintains sales records on a fiscal basis, the prior fiscal year. If the manufacturer 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 manufacturer. If a manufacturer 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 manufacturer.

(3) 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 manufacturer 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 increase the amount of the same license fee more frequently than once each year.

(4) Licenses issued under this section shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule. The department shall collect a license fee for each license and for each renewal of a license. The fee shall be remitted by the department to the State Treasurer. The State Treasurer shall place all moneys received under this section in the Department of Agriculture Service Fund. Moneys from fees imposed under this section are continuously appropriated to the department for the purpose of administering and enforcing the provisions of this chapter. [Amended by 1955 c.666 §1; 1967 c.154 §4; 1979 c.183 §4; 1979 c.499 §35; 1985 c.353 §5; 1991 c.632 §10; 2005 c.735 §§15,16; 2005 c.755 §52; 2007 c.768 §§41,42; 2012 c.64 §17]

Note: The amendments to 635.030 (License application) by section 44, 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 9, chapter 386, Oregon Laws 2019, is set forth for the user’s convenience.

635.030 (License application) . (1) Any person desiring to or who does engage in the business of a nonalcoholic beverage manufacturer shall apply to the State Department of Agriculture for a license for each plant operated by such person. The application shall be in such form and contain such information as the department may prescribe.

(2) The department may adopt rules establishing license fee schedules for nonalcoholic beverage manufacturers. The department may determine the license fee for a manufacturer based upon the annual gross sales by the manufacturer. In establishing the amount of the license fee for a manufacturer, the department shall use the annual gross sales by that manufacturer within Oregon during the prior calendar year or, if the manufacturer maintains sales records on a fiscal basis, the prior fiscal year. If the manufacturer 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 manufacturer. If a manufacturer 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 manufacturer.

(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 a nonalcoholic beverage manufacturer having the same volume of gross sales. Fee schedules adopted under this section may not increase the amount of the same license fee more frequently than once each year.

(4) Licenses issued under this section shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule. The department shall collect a license fee for each license and for each renewal of a license. The fee shall be remitted by the department to the State Treasurer. The State Treasurer shall place all moneys received under this section in the Department of Agriculture Service Fund. Moneys from fees imposed under this section are continuously appropriated to the department for the purpose of administering and enforcing the provisions of this chapter.

Source: Section 635.030 — License application; fee; term; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors635.­html (accessed May 26, 2025).
ORS § 616.355 — OR Code / Title 49 / Chapter 616 / Section 616.355
616.355 Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350
Status: in_force

(1) Whenever the State Department of Agriculture determines under the provisions of ORS 616.341 (Use of poisons, pesticides or food additives restricted) , 616.345 (Rules governing use of pesticide chemicals) or 616.350 (Control of food additives) the fact that a product or food does or may seriously endanger or affect the health or life of animals or people, by reason of the addition to or the application of a pesticide chemical or other poisonous or dangerous chemical, substance or material in or on such product or food, the department is authorized and is directed to take or carry out any measure, action or procedure necessary for the protection of the health or life of animals or people.

(2) The order, rules promulgated thereunder or amendments thereto, may include:

(a) Seizing, embargoing and quarantining such product or food in accordance with the applicable provisions of ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.630 (Removing or defacing seizure or embargo notice unlawful) .

(b) Prohibiting temporarily or permanently the sale, offer for sale or the disposing of such product or food.

(c) Requiring reconditioning, processing or reprocessing, relabeling or other procedures as set out in ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.625 (When hearing not required) before such product or food may be sold, offered for sale or disposed of for consumption by animals or people.

(d) Requiring such product or food to be destroyed without indemnity if it is verified it is unfit or unsafe for consumption by animals or people. [1961 c.637 §6; 1973 c.227 §19; 1975 c.304 §17]

Source: Section 616.355 — Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 622.175 — OR Code / Title 49 / Chapter 622 / Section 622.175
622.175 Contract with State Police for enforcement
Status: in_force

The State Department of Agriculture may contract with the Department of State Police, using such funds as may be available therefor from fees paid to the Department of Agriculture Service Fund pursuant to ORS 622.080 (Certificate fees) , for enforcement of the provisions of ORS 622.010 (Definitions) to 622.180 (Powers of department) . [1993 c.720 §7b]

Source: Section 622.175 — Contract with State Police for enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 616.575 — OR Code / Title 49 / Chapter 616 / Section 616.575
616.575 Rules
Status: in_force

(1) The Oregon Health Authority shall adopt rules the authority considers reasonable for the administration and enforcement of ORS 616.555 (Definitions for ORS 616.555 to 616.585) to 616.580 (Inspections) . The rules adopted by the authority must include, but need not be limited to, rules for the rounding of stated values and the establishment of specifications for total calorie statements and other required statements. In adopting rules under this section, the authority shall:

(a) To the extent the authority considers practicable, follow any relevant United States Food and Drug Administration practices, standards and rules for nutritional labeling; and

(b) Seek input from representatives of chain restaurants.

(2) The authority shall adopt rules establishing conditions under which a menu board serving the drive-through area of a chain restaurant may qualify for a full or partial exception from ORS 616.565 (Calorie content information for combination or multiserving items) and 616.570 (Menus, menu boards and food tags) . The rules shall make an exception available only if compliance with ORS 616.565 (Calorie content information for combination or multiserving items) or 616.570 (Menus, menu boards and food tags) would require the violation of local land use laws or sign ordinances, or is impracticable due to site-specific conditions. As used in this subsection, “drive-through area” means an area where customers place orders for and receive menu items while occupying motor vehicles.

(3) Intentionally left blank —Ed.

(a) Notwithstanding subsection (1) of this section, the following are the typical values for alcoholic beverages:

(A) For wine, 122 calories, 4 grams of carbohydrate and 7 milligrams of sodium for a five-ounce serving;

(B) For beer other than light beer, 153 calories, 13 grams of carbohydrate and 14 milligrams of sodium for a 12-ounce serving;

(C) For light beer, 103 calories, 6 grams of carbohydrate and 14 milligrams of sodium for a 12-ounce serving; and

(D) For distilled spirits, 96 calories for a 1.5-ounce serving.

(b) A chain restaurant shall use the typical values described in paragraph (a) of this subsection when calculating the total calories for a menu item that includes one or more alcoholic beverages.

(c) The authority:

(A) May adopt rules to require total calorie disclosures for an alcoholic beverage or a menu item that contains an alcoholic beverage, only if the alcoholic beverage or menu item is offered by a chain restaurant for 90 or more days during a calendar year; and

(B) May adopt rules that exempt containers or dispensers of alcoholic beverages from the use of food tags to state standard calorie values. [2009 c.314 §4; 2011 c.720 §211]

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

Source: Section 616.575 — Rules; typical values for alcoholic beverages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 633.752 — OR Code / Title 49 / Chapter 633 / Section 633.752
633.752 Presence of department representative during crop testing
Status: in_force

Upon request by a farmer or by the holder of a patent granted for a seed, crop or trait under the Patent Act (35 U.S.C. 101 et seq.) or under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.), the Director of Agriculture shall appoint a representative of the State Department of Agriculture to accompany the farmer, the patent holder or a crop testing service at the time a sample is taken. The department may charge the requester a fee for the services. This section does not create any new right of entry or affect any existing right of entry onto a property. [2015 c.630 §4]

Note: 633.752 (Presence of department representative during crop testing) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 633 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 633.752 — Presence of department representative during crop testing; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 625.110 — OR Code / Title 49 / Chapter 625 / Section 625.110
625.110 Renewal of distributor’s license
Status: in_force

Each distributor’s license may be renewed annually upon written application to the State Department of Agriculture and payment of the required annual license fee for the following year. A distributor’s license is not transferable and is strictly personal to the person to whom issued. [Amended by 1989 c.253 §2]

Source: Section 625.110 — Renewal of distributor’s license; transfer of license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 632.945 — OR Code / Title 49 / Chapter 632 / Section 632.945
632.945 Procedure for department inspection and classification
Status: in_force

(1) Under such conditions as the State Department of Agriculture may prescribe by rule, the department, through any competent employee or agent, shall inspect or classify produce in accordance with standards specified in the written agreement between the grower and the handler for sale of the produce. The methods and procedures for inspection or classification of produce shall be in accordance with such rules as the department may prescribe.

(2) The department shall ascertain and certify to the parties to the written agreement the grade, classification, quality, condition or amount of the produce and any other pertinent facts relating to such produce that a party to the written agreement may request.

(3) The department may fix, assess and collect or cause to be collected from the handler, fees for such services in the manner and to the extent provided by ORS 632.940 (Inspection and classification of horticultural and agricultural products by department) . All such fees are continuously appropriated to the department for the enforcement of ORS 632.940 (Inspection and classification of horticultural and agricultural products by department) to 632.980 (Improper grading and incorrect certificates prohibited) .

(4) As used in this section:

(a) “Grower” means any person engaged in the business of growing or producing any produce in this state and includes any cooperative organization composed exclusively of growers and handling exclusively the produce of its own members and operating under and by virtue of the laws of this state or of any other state or of the United States.

(b) “Handler” means a person or the agent of the person who processes produce the person has purchased or otherwise acquired in this state from a grower.

(c) “Produce” means any fruit or vegetable grown or produced by a grower and of which total sales by growers to handlers for the previous growing season totaled more than $1 million. The department shall determine and verify the application of this defined term, and the total sales value herein specified, and for this purpose shall be authorized to inspect books and records and require reports. [1973 c.587 §3]

Source: Section 632.945 — Procedure for department inspection and classification; collection of costs; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 628.220 — OR Code / Title 49 / Chapter 628 / Section 628.220
628.220 License required for locker plant business
Status: in_force

No person shall engage within this state in the business of owning or operating any refrigerated locker plant or offering the services of such plant without having obtained from the State Department of Agriculture a license for each such place of business. The licensee shall at all times maintain the license conspicuously displayed in the licensed plant.

Source: Section 628.220 — License required for locker plant business , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 621.070 — OR Code / Title 49 / Chapter 621 / Section 621.070
621.070 License required to use grade designation
Status: in_force

A person shall not use any grade designation on bottle caps, in advertising, on labels or in any other manner connected with the sale of fluid milk unless the State Department of Agriculture has licensed the person to use the grade designation. [Amended by 1999 c.197 §11]

Source: Section 621.070 — License required to use grade designation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 619.042 — OR Code / Title 49 / Chapter 619 / Section 619.042
619.042 Program of state inspection for processing and sale of meat products from amenable species
Status: repealed

(1) As used in this section:

(a) “Amenable species” has the meaning given that term in 21 U.S.C. 601(w).

(b) “Equines” means members of the family Equidae.

(c) “Nonamenable species” has the meaning given that term by the State Department of Agriculture by rule.

(d) “Processing” means activities that are subject to regulation under 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) or ORS chapter 603.

(2) Notwithstanding ORS 603.015 (Policy) and 619.021 (Purpose) , the department may adopt rules to establish a program of state inspection for the processing and sale of meat products from amenable species, including but not limited to cattle and sheep.

(3) The department may administer or enforce rules adopted under subsection (2) of this section for a program of state inspection for the processing and sale of meat products from amenable species only if the department has full federal approval for the program.

(4) The department may adopt rules to establish a program of state inspection for the processing and sale of meat products from nonamenable species.

(5) Rules adopted under this section must impose requirements that are at least equal to the requirements imposed under the Federal Meat Inspection Act (21 U.S.C. 601 to 695) and the federal Humane Methods of Livestock Slaughter Act (7 U.S.C. 1901 to 1907).

(6) Under the programs of state inspection described in subsections (2) and (4) of this section, except as provided in subsections (3) and (7) of this section, the department:

(a) Shall inspect the meat products.

(b) Under ORS 619.031 (Animal food slaughtering and processing establishments) , may license establishments operating under either program of state inspection.

(c) Under ORS 619.031 (Animal food slaughtering and processing establishments) (2) and (3), may establish license requirements and license fee schedules for establishments operating under either program of state inspection.

(7) Notwithstanding subsections (1) to (6) of this section, the department may not establish, administer or enforce a program of inspection for the processing or sale of meat products from equines. [2020 s.s.1 c.6 §2]

Note: 619.042 (Program of state inspection for processing and sale of meat products from amenable species) was added to and made a part of 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) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 1 and 3, chapter 537, Oregon Laws 2021, provide:

Sec. 1. Grant program related to establishments that process and sell meat products. (1) The State Department of Agriculture shall establish by rule a grant program for the purpose of funding:

(a) Upgrades to establishments that are expected to operate under a program of state inspection authorized by section 2, chapter 6, Oregon Laws 2020 (first special session) [ 619.042 (Program of state inspection for processing and sale of meat products from amenable species) ];

(b) Construction of new establishments that are expected to operate under a program of state inspection authorized by section 2, chapter 6, Oregon Laws 2020 (first special session); and

(c) Expansion of establishments that operate under a program of federal inspection and plan to increase processing of meat from animals raised in Oregon.

(2) In administering the program, the department:

(a) Shall develop criteria for awarding a grant and a process for applying for a grant;

(b) Shall preferentially award grants to support establishments that prioritize seasonally feasible processing of meat from animals raised in Oregon; and

(c) May require a recipient of a grant to report to the department on the use of grant funds.

(3) A recipient of a grant may use grant funds for costs related to the activities described in subsection (1) of this section, such as costs of technical assistance and the purchase of equipment. [2021 c.537 §1]

Sec. 3. Section 1, chapter 537, Oregon Laws 2021, is repealed on June 30, 2025. [2021 c.537 §3; 2023 c.546 §15]

Source: Section 619.042 — Program of state inspection for processing and sale of meat products from amenable species; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 632.842 — OR Code / Title 49 / Chapter 632 / Section 632.842
632.842 Relation to animal welfare laws
Status: in_force

ORS 632.835 (Definitions for ORS 632.835 to 632.849) to 632.849 (Production exempt from compliance) are in addition to, and not in lieu of, any laws protective of animal welfare. ORS 632.835 (Definitions for ORS 632.835 to 632.849) to 632.849 (Production exempt from compliance) do not limit any other Oregon laws or rules protecting the welfare of animals or prohibit the adoption or enforcement of animal welfare laws or regulations by a local government as defined in ORS 174.116 (“Local government” and “local service district” defined) . [2019 c.686 §4]

Source: Section 632.842 — Relation to animal welfare laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 616.815 — OR Code / Title 49 / Chapter 616 / Section 616.815
616.815 Open date labeling required for packaged perishable food sold at retail
Status: in_force

No person shall sell or offer for sale at retail any packaged perishable food unless the package bears a clearly marked, printed or stamped label showing the open date for the perishable food in the package. Such label shall be so designed and placed as to be clearly visible to the consumer. [1973 c.173 §4]

Source: Section 616.815 — Open date labeling required for packaged perishable food sold at retail , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 619.105 — OR Code / Title 49 / Chapter 619 / Section 619.105
619.105 Liability of public employees for inspection
Status: in_force

No civil or criminal sanctions shall be imposed upon State Department of Agriculture employees, State Department of Fish and Wildlife employees or Department of State Police employees for the good faith inspection of game meat as provided in ORS 619.095 (When game meat inspection required) . [1983 c.575 §5]

Source: Section 619.105 — Liability of public employees for inspection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 616.731 — OR Code / Title 49 / Chapter 616 / Section 616.731
616.731 Deposit and use of fees and money
Status: in_force

The State Department of Agriculture shall deposit all fees paid to it under this chapter in the Department of Agriculture Service Fund. Such fees are continuously appropriated to the department for the purpose of administering and enforcing the provisions of this chapter. [1965 c.501 §8; 1975 c.389 §8; 1979 c.499 §20]

Source: Section 616.731 — Deposit and use of fees and money , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 624.410 — OR Code / Title 49 / Chapter 624 / Section 624.410
624.410 Commissaries and sources of supply outside jurisdiction
Status: in_force

(1) Foods from commissaries or other sources outside the jurisdiction of the Oregon Health Authority may be sold in the local jurisdiction if such commissaries or other sources of supply conform to the provisions of ORS 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) and the rules promulgated under ORS 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) or to substantially equivalent provisions.

(2) The authority shall investigate and survey the system of regulations in effect for commissaries or sources of supply outside the state. Upon determination that the regulations in effect are of a quality substantially equal to the rules of ORS 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) , the authority may permit such commissaries or sources of supply to be used in the state. [1963 c.575 §11; 1973 c.825 §21; 2009 c.595 §1026]

Source: Section 624.410 — Commissaries and sources of supply outside jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 621.018 — OR Code / Title 49 / Chapter 621 / Section 621.018
621.018 Entry and use of fluid milk produced outside state
Status: in_force

(1) The State Department of Agriculture may permit the entry and use in this state of fluid milk produced in other governmental units subject to the conditions set forth in this section. For the purposes of this section, the term “governmental unit” means any state, territory of the United States or political subdivision thereof.

(2) The department shall investigate and survey the system of regulation of the fluid milk industry in effect in the governmental unit in which the fluid milk is produced. The investigation shall be made into all the factors relating to the quality of fluid milk as prescribed in ORS 621.060 (Establishing standards of quality and identity for fluid milk) . Upon a determination by the department that the system of fluid milk regulation in effect in a governmental unit is of a nature that will reasonably ensure that fluid milk produced thereunder will be of a quality substantially equal to fluid milk produced in this state, the department may issue a permit to any person operating under that system for the movement of fluid milk into this state.

(3) Recognition by the department of the system of regulation and inspection of fluid milk produced or processed in any other governmental unit shall be granted only in cases where the other governmental unit grants a reciprocal recognition to fluid milk produced or processed in this state.

(4) The department may give full faith and credit to the acts of any other governmental unit administering a system of fluid milk regulation recognized by the department, suspending the right or privilege of any person under the jurisdiction of that governmental unit to produce or process fluid milk.

(5) The department shall arrange with any other governmental unit administering and enforcing a system of fluid milk regulation recognized by the department for the exchange of information necessary to ensure an uninterrupted interchange of wholesome and nutritious fluid milk between that governmental unit and this state. [Formerly 621.105]

Source: Section 621.018 — Entry and use of fluid milk produced outside state; reciprocal agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 624.320 — OR Code / Title 49 / Chapter 624 / Section 624.320
624.320 License requirement for commissary, warehouse, mobile unit or vending machine
Status: in_force

(1) A person may not operate a vending machine, warehouse, commissary or mobile unit without first procuring a license to do so from the Oregon Health Authority. The operator shall post the license in a conspicuous place in the warehouse or commissary. The operator shall affix a card, emblem or other device clearly showing the name and address of the licensee and the serial number of the license to each vending machine or mobile unit as the case may be.

(2) Application for the license shall be in writing in the form prescribed by the authority and shall contain the following information:

(a) Name and address of the applicant.

(b) Location of all warehouses or commissaries.

(c) Locations where supplies are kept.

(d) Locations where vending machines or mobile units are stored, repaired or renovated.

(e) Identity and form of food to be dispensed through vending machines.

(f) Number of each type of vending machine on location.

(3) The operator must keep the specific locations of the vending machines and specific itineraries of the mobile units on file at the operator’s business office and readily available to the authority. If the mobile unit is moved to a delegate county other than a delegate county that licensed the mobile unit, the operator shall notify the local health department for the county to which the mobile unit is moved prior to operating the mobile unit within that county. The operator shall furnish the authority with written details of the conversion of any vending machine to dispense products other than those for which the license was issued. [1963 c.575 §2; 1973 c.825 §14; 2001 c.104 §244; 2001 c.975 §6; 2003 c.672 §1; 2009 c.595 §1019]

Source: Section 624.320 — License requirement for commissary, warehouse, mobile unit or vending machine; notice of mobile unit movement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 634.065 — OR Code / Title 49 / Chapter 634 / Section 634.065
634.065 Department consideration of concerns raised by city, town, county or political subdivision
Status: in_force

In administering this chapter, the State Department of Agriculture shall consider any concern raised by a city, town, county or other political subdivision of the state regarding the regulation of pesticides. [1996 c.10 §12 (enacted in lieu of 634.015)]

Source: Section 634.065 — Department consideration of concerns raised by city, town, county or political subdivision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 634.915 — OR Code / Title 49 / Chapter 634 / Section 634.915
634.915 Schedule for penalty amounts
Status: in_force

(1) The State Department of Agriculture shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for a particular violation.

(2) In imposing the penalty pursuant to the schedule authorized by this section, the Director of Agriculture shall consider the following factors:

(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b) Any prior violations of statutes, rules or orders pertaining to pesticide application, sale or labeling.

(c) The gravity and magnitude of the violation.

(d) Whether the violation was repeated or continuous.

(e) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.

(f) The violator’s cooperativeness and efforts to correct the violation.

(g) The immediacy and extent to which the violation threatens the public health or safety. [1989 c.943 §5]

Source: Section 634.915 — Schedule for penalty amounts; criteria; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 634.055 — OR Code / Title 49 / Chapter 634 / Section 634.055
634.055 Legislative findings
Status: in_force

The Legislative Assembly hereby determines that the citizens of this state benefit from a system of safe, effective and scientifically sound pesticide regulation. The Legislative Assembly further finds that a uniform, statewide system of pesticide regulation that is consistent, coordinated and comports with both federal and state technical expertise is essential to the public health, safety and welfare and that local regulation of pesticides does not materially assist in achieving these benefits. [1996 c.10 §4 (enacted in lieu of 634.007)]

Source: Section 634.055 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 616.210 — OR Code / Title 49 / Chapter 616 / Section 616.210
616.210 “Selling of food” construed
Status: in_force

The provisions of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.295 (Reports and information issuable by department) regarding the selling of food include the manufacture, production, processing, packing, exposure, offer, possession and holding of any such article for sale; and the sale, dispensing and giving of any such article, and the supplying or applying of any such articles in the conduct of any food establishment. [Amended by 1973 c.227 §2]

Source: Section 616.210 — “Selling of food” construed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 618.046 — OR Code / Title 49 / Chapter 618 / Section 618.046
618.046 Secondary standards
Status: in_force

The state shall supply secondary standards and such other equipment as is necessary to carry out ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) . Such standards shall be verified, by comparison with the state primary standards prescribed in ORS 618.041 (Standards for weights and measures system) , upon their initial receipt and thereafter as often as the State Department of Agriculture considers necessary. [1973 c.293 §17; 2005 c.22 §417]

Source: Section 618.046 — Secondary standards; verification of accuracy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 619.056 — OR Code / Title 49 / Chapter 619 / Section 619.056
619.056 Trichinae treatment required for pork products
Status: in_force

No food consisting wholly or in part of pork muscle tissue, such as bologna style sausage, Vienna style sausage, frankfurt style sausage, summer sausage, all other similar sausages or pork products, or prepared products containing pork muscle tissue, except a fresh product consisting wholly of pork muscle tissue, shall be kept, offered or exposed for sale as food for human consumption, unless the pork muscle tissue entering into the products has been subjected to any method of treatment of pork or pork products which will destroy trichinae. [1973 c.174 §7]

Source: Section 619.056 — Trichinae treatment required for pork products , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 634.122 — OR Code / Title 49 / Chapter 634 / Section 634.122
634.122 Applicator license
Status: in_force

(1) An applicant for a pesticide applicator’s license is entitled to be examined for or to be issued a license or supplements thereto by the State Department of Agriculture, if the applicant:

(a) Is at least 18 years of age; and

(b) Proves to the satisfaction of the department that the applicant:

(A) Has had experience as a pesticide trainee for the minimum period and in the manner prescribed by the department;

(B) Has educational qualifications, experience or training which is equal to the minimum standards and requirements established by the department; or

(C) Has been licensed in Oregon as a pesticide applicator and actively engaged in such work during the prior license period, as shall be prescribed by the department.

(2) An applicant for a pesticide applicator’s license shall be required to demonstrate satisfactorily by written examination or any reexamination given by the department, an adequate knowledge of:

(a) The characteristics of pesticides and the effect of their application to particular crops.

(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) Other requirements or procedures which will be of benefit to and protect the pesticide applicator, the persons who use the services of the pesticide applicator and the property of others.

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

(4) Intentionally left blank —Ed.

(a) A pesticide applicator license fee shall be established by the department not to exceed $50 for the first class of pest control or pesticide application business as prescribed in ORS 634.306 (General duties and powers of department) (2) and not to exceed $7.50 for each additional class.

(b) After a person makes first application for a license or renewal thereof for a specific license period, if later during the same license period such person desires to engage in additional classes of pest control or pesticide application business as prescribed in ORS 634.306 (General duties and powers of department) (2), such person shall pay the fee for each additional class established by the department not to exceed $12.50.

(5) Examinations or reexaminations for pesticide applicator’s licenses shall be given by the department at such time and in any of its branch offices or other locations it deems expedient, and shall be under the supervision of its employees or appointees. The department is authorized to:

(a) Appoint without pay or reimbursement, employees of other state agencies who are authorized to give examinations.

(b) Prepare and maintain various types of examinations and types and schedules of reexaminations and to take all other measures deemed necessary to insure that persons receiving passing grades thereto 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 it 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 pesticide applicator’s license. [1973 c.341 §16; 1975 c.304 §12; 1991 c.943 §6; 1993 c.599 §2; 1995 c.79 §326; 2019 c.84 §1]

Source: Section 634.122 — Applicator license; qualifications; examination; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 616.555 — OR Code / Title 49 / Chapter 616 / Section 616.555
616.555 Definitions for ORS 616.555 to 616.585
Status: in_force

As used in ORS 616.555 (Definitions for ORS 616.555 to 616.585) to 616.585 (Local disclosure requirements prohibited) :

(1) “Alcoholic beverage” has the meaning given that term in ORS 471.001 (Definitions for ORS chapters 471 and 473) .

(2) Intentionally left blank —Ed.

(a) “Chain restaurant” means a restaurant located in Oregon that:

(A) Is part of an affiliation of 15 or more restaurants within the United States;

(B) Sells standardized menu items that constitute 80 percent or more of the menu items served in the restaurant and at least 14 of the other affiliated restaurants; and

(C) Operates under a trade name or service mark, both as defined in ORS 647.005 (Definitions) , that is identical or substantially similar to the trade names or service marks of the affiliated restaurants.

(b) “Chain restaurant” does not mean:

(A) A restaurant located inside a facility that is subject to State Department of Agriculture inspection under an interagency agreement described in ORS 624.530 (Agreement to ensure only one agency inspects facilities) , unless the trade name or service mark for the restaurant differs from the trade name or service mark of the facility containing the restaurant;

(B) A cafeteria of a public or private educational institution;

(C) A health care facility as defined in ORS 442.015 (Definitions) ; or

(D) A motion picture theater.

(3) “Food product” means a discrete unit serving of a ready-to-eat food or beverage.

(4) Intentionally left blank —Ed.

(a) “Food tag” means an informational label placed near a menu item that is identified or indicated by the label.

(b) “Food tag” does not mean a menu or menu board.

(5) “Menu” means a pictorial or written description of menu items that does not have a fixed location and is not intended for joint viewing by multiple patrons.

(6) Intentionally left blank —Ed.

(a) “Menu board” means a pictorial display or written description of menu items that:

(A) Is located where the customer places an order for a menu item; and

(B) Is not a menu or a food tag.

(b) “Menu board” does not mean a pictorial display used solely for the purpose of marketing.

(7) Intentionally left blank —Ed.

(a) “Menu item” means a prepared food product or a group or combination of prepared food products that is offered on a menu, menu board or food tag as a distinct article for sale.

(b) “Menu item” does not mean the following:

(A) Condiments that are made available on tables or counters for general use without charge.

(B) Food products that are offered for sale less than 90 days during a calendar year.

(C) Alcoholic beverages, except as provided by rule by the Oregon Health Authority as described in ORS 616.575 (Rules) .

(D) Food products in sealed manufacturer packaging.

(8) “Restaurant” has the meaning given that term in ORS 624.010 (Definitions for ORS 624.010 to 624.121) . [2009 c.314 §1; 2011 c.720 §208]

Note: 616.555 (Definitions for ORS 616.555 to 616.585) to 616.590 (Lack of cause of action or claim) 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 616.555 — Definitions for ORS 616.555 to 616.585 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 634.026 — OR Code / Title 49 / Chapter 634 / Section 634.026
634.026 Pesticide labeling requirements
Status: in_force

(1) If not otherwise required or prescribed by federal law or rule, each package or container of every pesticide shall be labeled with:

(a) The name and address of the manufacturer or person for whom it was manufactured.

(b) The brand name or trademark under which the material is sold.

(c) The professed standard of quality of the material.

(d) The net weight or volume of the contents.

(e) Adequate and necessary directions for its proper and intended use.

(2) In addition to the information required by subsection (1) of this section, any pesticide which is highly toxic shall be labeled with:

(a) A sign of a skull and crossbones.

(b) The word “poison” in red on the package printed on a background of contrasting color.

(c) A poison antidote for the material, if any.

(3) The provisions of subsection (2) of this section shall not apply to bleaching powder or chloride of lime. [1973 c.341 §10]

Source: Section 634.026 — Pesticide labeling requirements; highly toxic pesticides; applicability of law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 634.730 — OR Code / Title 49 / Chapter 634 / Section 634.730
634.730 Reentry into sprayed area
Status: in_force

(1) Subject to subsection (2) of this section:

(a) If the labeling of a pesticide product specifies a reentry time, a pesticide may not be applied to an area of a campus where the school expects students to be present before expiration of that reentry time.

(b) If the labeling of a pesticide product does not specify a reentry time, a pesticide may not be applied to an area of a campus where the school expects students to be present before expiration of a reentry time that the integrated pest management plan coordinator determines to be appropriate based on the times at which students would normally be expected to be in the area, area ventilation and whether the area will be cleaned before students are present.

(2) Intentionally left blank —Ed.

(a) The application restrictions described in subsection (1) of this section do not apply if the pesticide is applied outdoors by a pesticide applicator, a noncommercial pesticide applicator or a public applicator as a component of academic instruction in agriculture.

(b) The application restrictions described in subsection (1)(b) of this section do not apply if the integrated pest management plan coordinator declares a pest emergency under subsection (3) of this section.

(3) An integrated pest management plan coordinator, after consultation with school faculty and administration, may declare the existence of a pest emergency. If necessary, a pesticide other than a low-impact pesticide may be used to mitigate a declared pest emergency. If a pesticide is applied at a campus due to a pest emergency, the plan coordinator shall review the integrated pest management plan to determine whether modification of the plan might prevent future pest emergencies. The plan coordinator shall submit any recommendations for modification of the plan to the governing body. The governing body shall review and take formal action on the recommendations. [2009 c.501 §6; 2022 c.53 §11]

Source: Section 634.730 — Reentry into sprayed area; exception; declaration of pest emergency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 633.996 — OR Code / Title 49 / Chapter 633 / Section 633.996
633.996 Civil penalty for seed law violation
Status: in_force

(1) Any person who violates any provision 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) , a rule adopted pursuant thereto or the terms or conditions of any order issued by the State Department of Agriculture under 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) shall be subject to a civil penalty not to exceed $10,000 per violation.

(2) Each violation may be a separate and distinct offense, and in the case of a continuing violation, each day’s continuance thereof may be deemed a separate and distinct offense.

(3) The department shall adopt a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation.

(4) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures) .

(5) Any civil penalty received by the State Treasurer under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account and is continuously appropriated to the department for the administration and enforcement of the laws and rules under which the penalty was assessed. [Formerly 633.711; 2003 c.14 §389]

Source: Section 633.996 — Civil penalty for seed law violation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 621.176 — OR Code / Title 49 / Chapter 621 / Section 621.176
621.176 Standards of construction for plants and facilities
Status: in_force

To ensure that the handling and processing of milk, fluid milk and dairy products is conducted in a sanitary environment, the State Department of Agriculture shall prescribe minimum standards of construction for dairy products plants and physical facilities of a distributor or producer-distributor, including but not limited to standards for:

(1) Floors, walls, ceilings.

(2) Doors and windows.

(3) Lighting and ventilation.

(4) Toilet and lavatory facilities.

(5) Water supply.

(6) Separation and partitioning of rooms for carrying on the several handling, processing and storage functions. [1953 c.686 §5; 1999 c.197 §27]

Source: Section 621.176 — Standards of construction for plants and facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 628.300 — OR Code / Title 49 / Chapter 628 / Section 628.300
628.300 Maintaining uniform temperatures
Status: in_force

(1) The refrigeration system of a refrigerated locker plant shall be equipped with accurate controls for the maintenance of uniform temperatures as required in this section in the various refrigerated rooms of such plant and shall be of adequate capacity to provide under extreme conditions of outside temperatures and under peak load conditions in the normal operation of such plant, the following temperatures in the following rooms respectively:

(a) Chill room temperature shall be within four degrees Fahrenheit plus or minus of 36 degrees above zero Fahrenheit, with a tolerance of 10 degrees Fahrenheit for 24 hours after fresh food is put in such room for chilling.

(b) In all locker plants operating on July 5, 1947, the locker room temperature shall not exceed 12 degrees Fahrenheit plus. In all locker plants, the construction of which is begun after July 5, 1947, the locker room temperature shall not exceed five degrees Fahrenheit plus.

(2) The temperatures required by subsection (1) of this section shall not be construed as prohibiting variations therefrom due to defrosting, power failure or any emergency breakdown.

(3) An accurate direct reading thermometer shall be maintained in the chill room. An accurate self-registering or self-recording thermometer shall be maintained in each locker room or in each series of rooms through which the same air circulates. The discs or other temperature records made by such instruments shall be signed by the person in charge of the plant and shall be preserved at such plant for at least one year from the date of recording. Such temperature-recording equipment and the recordings thereby made, are subject to inspection and testing by the State Department of Agriculture to determine their accuracy.

Source: Section 628.300 — Maintaining uniform temperatures; records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 625.050 — OR Code / Title 49 / Chapter 625 / Section 625.050
625.050 Renewal of bakery license
Status: in_force

Each bakery license may be renewed annually by paying to the State Department of Agriculture the required annual license fee. The license is not transferable to any person or applicable to any location other than that for which originally issued. [Amended by 1989 c.253 §1]

Source: Section 625.050 — Renewal of bakery license; transfer of license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 616.716 — OR Code / Title 49 / Chapter 616 / Section 616.716
616.716 When inspection authorized
Status: in_force

(1) The State Department of Agriculture may inspect the applicant’s food establishment and shall not issue a license until or unless such establishment is in compliance with the provisions of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) and regulations promulgated thereunder.

(2) The provisions of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) are in addition to and not in lieu of all other laws relating to food and to food establishments. [1965 c.501 §5; 1975 c.389 §5; 2001 c.104 §242]

Source: Section 616.716 — When inspection authorized; ORS 616.695 to 616.755 in addition to other laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 616.341 — OR Code / Title 49 / Chapter 616 / Section 616.341
616.341 Use of poisons, pesticides or food additives restricted
Status: in_force

Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, with respect to any particular use or intended use, shall be considered unsafe for the purpose of application of ORS 616.235 (When food deemed adulterated) unless there is in effect a rule promulgated pursuant to ORS 616.366 (Rules for use of poisons, pesticides, food or color additives) limiting the quantity of such substance, and the use or intended use of such substance conforms to the terms prescribed by such rule. While such rule relating to such substance is in effect, a food shall not, by reason of bearing or containing such substance in accordance with the rule, be considered adulterated within the meaning of ORS 616.235 (When food deemed adulterated) . [1973 c.227 §17 (enacted in lieu of 616.340)]

Source: Section 616.341 — Use of poisons, pesticides or food additives restricted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 621.116 — OR Code / Title 49 / Chapter 621 / Section 621.116
621.116 Prohibition against retail sale of unpasteurized milk from cows
Status: in_force

A person may not sell or distribute for sale unpasteurized milk or fluid milk from cows, or dairy products from unpasteurized milk or fluid milk from cows, other than to a distributor, producer-distributor, dairy products plant licensee or nonprocessing cooperative. This section does not apply to the sale or distribution of cheese otherwise exempt from pasteurization requirements or to sales or distributions by a person described under ORS 621.012 (Exception for small-scale on-farm sales) . [1999 c.937 §2]

Source: Section 621.116 — Prohibition against retail sale of unpasteurized milk from cows , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).