ORS § 621.181 — OR Code / Title 49 / Chapter 621 / Section 621.181
621.181 Standards of sanitation for operation of plants and facilities
Status: in_force

The State Department of Agriculture shall prescribe minimum standards of sanitation for the operation of dairy products plants and physical facilities of a distributor or producer-distributor including, but not limited to, standards for the:

(1) Washing, cleaning, maintenance and condition of floors, walls and ceilings of all rooms directly connected with the handling, processing and storage of dairy products, fluid milk or milk, and the equipment used therein, including bulk tank trucks and other mobile equipment used in the transportation of milk or cream from farm to plant or between plants.

(2) Health and cleanliness of personnel.

(3) Cleanliness and sanitation of surrounding premises.

(4) Disposal of all waste and sewage material.

(5) Control of insects and rodents.

(6) Construction, cleaning and sanitizing of utensils, containers and equipment used in direct contact with dairy products, fluid milk or milk. [1953 c.686 §6; 1999 c.197 §28]

Source: Section 621.181 — Standards of sanitation for operation of plants and facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 633.362 — OR Code / Title 49 / Chapter 633 / Section 633.362
633.362 Registration of fertilizer, agricultural amendment, agricultural mineral and lime products
Status: in_force

(1) Each separately identifiable fertilizer, agricultural amendment, agricultural mineral or lime product, whether in package or in bulk, must be registered with the State Department of Agriculture. A person may not distribute a fertilizer, agricultural amendment, agricultural mineral or lime product in this state unless the fertilizer, agricultural amendment, agricultural mineral or lime product is registered with the department.

(2) The application for registration must be made on a form or forms provided by the department. The application for registration must include the following information:

(a) Product name and grade;

(b) Product label;

(c) Name and physical address of the registrant;

(d) Mailing address of the registrant;

(e) Product laboratory analysis;

(f) Supplier or suppliers of ingredients;

(g) Identification of the industry, industry process or industry processes and location of the facility that generated any waste-derived ingredient or ingredients; and

(h) Other information required by the department by rule.

(3) The application for registration shall be accompanied by a nonrefundable registration fee established by department rule, not to exceed $50 annually for each fertilizer, agricultural amendment, agricultural mineral or lime product. In addition, for a waste-derived product, the department shall charge an annual product evaluation fee. For a fertilizer, agricultural amendment, agricultural mineral or lime product, the department may charge a product evaluation fee if supplementary research and evaluation by the department is required in order to determine product compliance with ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) . The department shall establish product evaluation fees by rule, not to exceed $500. The department shall review the registration application form and product label for compliance with ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) . If the department finds that the application information and product label comply with ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) , the department shall issue a certificate of registration to the registrant.

(4) Certificates of registration shall expire on December 31 of each year, except that the department may grant a certificate of registration for two years. Certificates of registration for two years shall expire on December 31 of the last year in the two-year period.

(5) The department may assess a $50 late registration fee for a product if the registrant has not paid the registration fee prior to the 30th day following the expiration of the certificate of registration. A late registration fee assessed by the department under this subsection shall be added to the registration fee required under subsection (3) of this section and must be paid by the registrant before the department may issue a certificate of registration.

(6) The department may require proof of label or labeling statements or claims of the efficacy and usefulness of an ingredient prior to issuing a certificate of registration or at any time deemed necessary by the department. As proof, the department may request data from the registrant to support the label or labeling claims. The department may also rely on other experimental data, data from agricultural experiment stations, product review evaluations and advice from other authoritative sources. The data must be from recognized, statistically designed and analyzed trials conducted by recognized experts in the field. All supporting data shall be representative of the soil, crops and climatic conditions found in the northwestern United States.

(7) In evaluating a label or labeling statement, claim or guarantee, the department may require the submission of a written statement describing the methodology of the laboratory analysis used, the source of the ingredient material and any reference material relied on to support the label or labeling statement, claim or guarantee. Laboratory analyses submitted in support of an application for registration must comply with laboratory methods of analysis approved by the department.

(8) Each registrant shall notify the department of any change that results in a laboratory analysis that differs from the laboratory analysis submitted in support of the related application for registration or any change in sources of product ingredients declared on the application form. The registrant must notify the department within 30 days following the change.

(9) The registrant shall identify as “waste-derived” in the application for registration any fertilizer, agricultural amendment, agricultural mineral or lime product that is waste-derived and distributed as a single ingredient product or blended with other fertilizer, agricultural amendment, agricultural mineral or lime products. The application for registration must identify the industry, the industry process or processes and the location of the facility that generated the waste and all ingredients of concern as identified by the department by rule.

(10) The initial application for registration of a fertilizer, agricultural amendment, agricultural mineral or lime product must include a statement of the levels of metals in the product, including but not limited to arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), nickel (Ni) or other metals or substances identified by the department by rule. The registrant must provide a laboratory analysis report, in accordance with acceptable methods required by the department, to verify the levels of metals or other substances in the product. Subsequent to initial product registration, the registrant shall provide a laboratory analysis report for the product to the department upon request. An initial or subsequent laboratory analysis must have been conducted no more than 18 months prior to submission of that analysis to the department.

(11) The department shall establish by rule the level of metals or other substances permitted in fertilizer, agricultural amendment, agricultural mineral and lime products registered with the department, including but not limited to the permitted levels of arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), nickel (Ni) or other metals or substances identified by the department by rule for the purpose of protecting humans, animals, water, aquatic life, soil or beneficial plant life. The department shall review the permitted level of metals or other substances in fertilizer, agricultural amendment, agricultural mineral and lime products a minimum of once every five years.

(12) Notwithstanding subsection (1) of this section, a custom mix is not required to be registered if all of the fertilizer, agricultural amendment, agricultural mineral or lime products contained in the final product are registered in accordance with this section.

(13) The department may refuse to register any fertilizer, agricultural amendment, agricultural mineral or lime product if distribution of the product would violate a provision of ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) . The registration of each product is a distinct and separate registration. The refusal of the department to register or reregister any product does not affect the registration of any other product by the same person. [2001 c.914 §10; 2009 c.97 §7; 2015 c.514 §8]

Source: Section 633.362 — Registration of fertilizer, agricultural amendment, agricultural mineral and lime products; application; fee; expiration; product contents; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 616.850 — OR Code / Title 49 / Chapter 616 / Section 616.850
616.850 Definitions for ORS 616.850 to 616.890
Status: in_force

As used in ORS 616.850 (Definitions for ORS 616.850 to 616.890) to 616.890 (Short title) , unless the context requires otherwise:

(1) “Consumer commodity” means any of the following items:

(a) Food, including all material, solid, liquid or mixed, whether simple or compound, used or intended for consumption by human beings or domestic animals normally kept as household pets, and all substances or ingredients to be added thereto for any purposes;

(b) Paper products, including napkins, towels, facial tissues, toilet tissues, disposable plates and cups;

(c) Wrapping products, including those made of paper, plastic and aluminum; and

(d) Soaps, detergents, cleaning aids, deodorizing aids, waxes and wax removers, disinfectants, polishes and polish removers, bleaches, scouring pads and all other laundry and household cleaning products.

(2) “Grocery store or food market” means any retail establishment or department thereof:

(a) That sells consumer commodities, the gross annual receipts from the sale of which is $1.5 million or more; and

(b) That is part of a chain system or contracts with a supplier or cooperative that utilizes common purchasing, warehousing or distribution facilities, if the chain, cooperative or supplier has computer hardware for inventory control, ordering or pricing labels.

(3) “Package” means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers.

(4) “Unit retail price” means the retail price of the contents of a package of any consumer commodity, expressed in terms of the retail price of such contents per single whole unit of weight, volume, measure or count, computed to the nearest 10th of a cent when less than $1 and to the nearest cent when $1 or more. [1977 c.181 §3; 1979 c.827 §1; 2007 c.71 §185]

Source: Section 616.850 — Definitions for ORS 616.850 to 616.890 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 633.366 — OR Code / Title 49 / Chapter 633 / Section 633.366
633.366 Prohibitions
Status: in_force

(1) A person may not:

(a) Distribute mislabeled products;

(b) Register or attempt to register any product using fraudulent or deceptive practices to evade or attempt to evade the requirements of ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) or rules adopted under ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) ;

(c) Distribute adulterated products;

(d) Fail, refuse or neglect to deliver to a user or purchaser of a bulk fertilizer, agricultural amendment, agricultural mineral or lime product a printed label that complies with ORS 633.321 (Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products) to 633.341 (Additional label requirements for agricultural mineral) ;

(e) Distribute a fertilizer, agricultural amendment, agricultural mineral or lime product that is not registered with the State Department of Agriculture under ORS 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products) ;

(f) Fail, refuse or neglect to keep or maintain records as required under ORS 633.462 (Tonnage reports) and 633.476 (Record keeping for custom mix products) or refuse to make the records available under ORS 633.385 (Department access) upon request by the department;

(g) Make false or fraudulent applications, records, invoices or reports;

(h) Fail, refuse or neglect to provide notification to the department as required by ORS 633.318 (Licensing of manufacturers and bulk distributors) (5) or 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products) (8);

(i) Fail, refuse or neglect to obtain a manufacturer-bulk distributor license required under ORS 633.318 (Licensing of manufacturers and bulk distributors) ;

(j) Distribute, use or remove any product subjected to a stop sale, use or removal order until the product has been released in accordance with ORS 633.445 (Orders preventing sale or other disposition of product) ;

(k) Impede, obstruct, hinder or otherwise prevent or attempt to prevent the department from the performance of department duties under ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) ;

(L) Knowingly or intentionally make any false or misleading representations in connection with the distribution of fertilizer, agricultural amendment, agricultural mineral or lime products;

(m) Fail, refuse or neglect to file a semiannual tonnage report with the department as required under ORS 633.462 (Tonnage reports) ; or

(n) Fail, refuse or neglect to pay inspection fees required under ORS 633.462 (Tonnage reports) and 633.465 (Inspection fees) .

(2) A fertilizer, agricultural amendment, agricultural mineral or lime product may be considered mislabeled if the label or labeling:

(a) Is false, misleading or deceptive;

(b) Does not accurately reflect the composition of the product;

(c) Requires warning statements or directions for use that may be necessary to protect humans, animals, water, aquatic life, soil or beneficial plant life and the warning statements or directions are not adequately stated on the label; or

(d) Does not comply with the requirements of ORS 633.321 (Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products) to 633.341 (Additional label requirements for agricultural mineral) .

(3) A fertilizer, agricultural amendment, agricultural mineral or lime product may be considered adulterated if the product:

(a) Contains any deleterious or harmful ingredient in an amount that is injurious to humans, animals, water, aquatic life, soil or beneficial plant life when used in accordance with instructions for product use on the label;

(b) Differs in composition from the composition claimed on the label;

(c) Differs in composition from the composition claimed in the information provided in accordance with ORS 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products) ; or

(d) Contains unwanted crop seed or weed seed. [2001 c.914 §16; 2009 c.97 §9; 2015 c.514 §10]

Source: Section 633.366 — Prohibitions; mislabeled products; adulterated products , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 622.300 — OR Code / Title 49 / Chapter 622 / Section 622.300
622.300 Use of fees and taxes
Status: in_force

All moneys received by the State Department of Agriculture under ORS 622.290 (Annual fees and taxes) shall be paid over to the State Treasurer and deposited in the Department of Agriculture Service Fund and be subject to ORS 561.144 (Department of Agriculture Service Fund) . All such moneys are appropriated continuously to the department to carry out the provisions of this chapter. [Formerly 509.451; 2011 c.323 §3]

Source: Section 622.300 — Use of fees and taxes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 624.020 — OR Code / Title 49 / Chapter 624 / Section 624.020
624.020 License
Status: in_force

(1) A person may not operate a restaurant or bed and breakfast facility without a license to do so from the Oregon Health Authority.

(2) Application for the license shall be in writing in the form prescribed by the authority and shall contain the name and address of the applicant and any other information that the authority may require. The fee for a license is as provided in ORS 624.490 (License fees) . A license expires annually on December 31 or on such date as may be specified by authority rule.

(3) The Director of the Oregon Health Authority may suspend, deny or revoke any license for violation of any of the applicable provisions 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) .

(4) Procedures for denial, revocation or suspension of a license are as provided in ORS chapter 183.

(5) The licensee shall post evidence of the license in public view at the customary entrance of the restaurant or bed and breakfast facility. A person other than the director may not deface or remove evidence of a license.

(6) A license is not transferable. The authority may not issue a refund representing any unused portion of a license. [Amended by 1953 c.177 §8; 1957 c.672 §2; 1971 c.661 §1; 1973 c.182 §1; 1975 c.526 §4a; 1975 c.607 §44; 1979 c.696 §11; 1983 c.352 §1; 1983 c.533 §6; 1987 c.226 §2; 1991 c.821 §1; 1995 c.578 §2; 2001 c.975 §4; 2003 c.309 §8; 2007 c.768 §32; 2009 c.595 §1000]

Source: Section 624.020 — License; rules; fee payment; denial, suspension and revocation of licenses; posting; nontransferability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 621.418 — OR Code / Title 49 / Chapter 621 / Section 621.418
621.418 Standards for imitation milk products
Status: in_force

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

(2) In establishing standards of quality and identity for imitation milk products, the department shall consider, in addition to other factors:

(a) The composition and purity of the product ingredients;

(b) The nutritional value of the fats, nonfat solids, vitamins, minerals or other ingredients affecting the food value of the product; and

(c) The degree of sanitation maintained for buildings, equipment and personnel involved in the production, processing and distribution of the product.

(3) A person shall not sell or offer for sale an imitation milk product that does not conform to a standard of quality and identity established by the department. [1969 c.149 §§3,4; 1999 c.197 §52; 2003 c.14 §373]

Source: Section 621.418 — Standards for imitation milk products; sale of nonstandard imitation milk prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 622.280 — OR Code / Title 49 / Chapter 622 / Section 622.280
622.280 Withdrawal of unproductive lands
Status: in_force

(1) If, for a period of three years after the filing of a plat under chapter 675, Oregon Laws 1969, more than one-half the lands claimed are unproductive, the State Department of Agriculture may withdraw from a claimant and consider abandoned any portion of the unproductive lands claimed by such claimant. However, the reason for such unproductiveness shall not include restrictions by governmental health authorities, the unavailability of seed or infestation by pest or disease.

(2) The department may withdraw from a claimant and consider abandoned those lands:

(a) On which the claimant fails to pay the fees or use taxes referred to in ORS 622.290 (Annual fees and taxes) , unless the department is satisfied that there was reasonable cause for such failure.

(b) That are not marked in the manner provided by ORS 622.320 (Plats as private property) .

(c) That are used or held for purposes other than oyster, clam or mussel cultivation. [Formerly 509.439; 1997 c.375 §6]

Source: Section 622.280 — Withdrawal of unproductive lands , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 618.031 — OR Code / Title 49 / Chapter 618 / Section 618.031
618.031 Rulemaking authority
Status: in_force

(1) The State Department of Agriculture is authorized to make any rules necessary to carry out ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) , but in making such rules the department shall consider so far as is practicable and desirable the requirements established by other states and by authority of the United States. Such rules shall govern the use or application of weights and measures and weights and measures transactions in this state.

(2) Such rules may:

(a) Establish standards of net weight, measure or count, and reasonable standards of fill for any commodity in package form;

(b) Establish procedures governing the technical and reporting activities to be followed, and prescribe report and record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their duties;

(c) Prescribe exemptions for weights and measures from the sealing, labeling or marking requirements of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) ;

(d) Establish procedures governing the voluntary registration of commercial weighing and measuring device service persons and service agencies;

(e) Establish schedules of fees for licensing commercial weighing and measuring devices and for testing or certification;

(f) Prescribe specifications relating to the advertising, labeling, dispensing and selling of commodities in bulk form to or by retail outlets reasonably necessary for the protection of purchasers thereof;

(g) Establish guidelines to ensure that amounts of commodities or services sold or offered for sale are represented accurately and informatively to all interested parties; and

(h) Prescribe specifications, tolerances and other technical requirements for weights and measures so as to eliminate from use weights and measures:

(A) That are not accurate;

(B) That are of such construction that they are faulty, in that they are not reasonably permanent in their adjustment or will not repeat their indications correctly; or

(C) That facilitate the perpetration of deceit or misrepresentation.

(3) Nothing in subsection (2) of this section is intended to limit the authority of the department to make any other rules necessary to carry out ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) . [1973 c.293 §6; 1975 c.615 §2; 1977 c.132 §4; 2011 c.9 §80]

Source: Section 618.031 — Rulemaking authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 616.902 — OR Code / Title 49 / Chapter 616 / Section 616.902
616.902 Use of consumer-owned containers
Status: in_force

(1) As used in this section:

(a) “Beverage” means a liquid for drinking, including water.

(b) “Food” means a raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

(c) “Restaurant” has the meaning given that term in ORS 624.010 (Definitions for ORS 624.010 to 624.121) .

(2) The Oregon Health Authority shall adopt rules allowing for a restaurant to allow a consumer to fill a consumer-owned container with food. [2023 c.74 §1]

Note: 616.902 (Use of consumer-owned containers) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 616 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Section 2, chapter 74, Oregon Laws 2023, provides:

Sec. 2. The Oregon Health Authority shall adopt rules under section 1 of this 2023 Act [ 616.902 (Use of consumer-owned containers) ] that take effect no later than June 30, 2024. [2023 c.74 §2]

Source: Section 616.902 — Use of consumer-owned containers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 632.811 — OR Code / Title 49 / Chapter 632 / Section 632.811
632.811 Rules
Status: in_force

(1) In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may promulgate rules necessary to administer and enforce the provisions of ORS 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) , including but not limited to:

(a) The establishment of fees under ORS 632.741 (Additional fee) , and the times and manner of payment thereof;

(b) The reports and records to be made or kept under ORS 632.741 (Additional fee) ;

(c) The establishment of minimum grades or standards of quality and wholesomeness, size or weight of eggs or egg products;

(d) The establishment of minimum standards of construction, maintenance, sanitation and operation of facilities and equipment used in the grading, candling, breaking or processing of eggs or egg products; and

(e) The establishment of labeling and advertising standards or requirements for eggs and egg products.

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

(a) The provisions of the federal Act and rules promulgated pursuant thereto, and the laws and rules of other states;

(b) The necessary procedures required to prohibit the sale or consumption of unwholesome eggs or egg products; and

(c) The health and economic consequences to this state which might result from the processing, handling, sale or consumption of unwholesome eggs or egg products. [1975 c.748 §17 (enacted in lieu of 632.810)]

Source: Section 632.811 — Rules; considerations in promulgating rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 633.029 — OR Code / Title 49 / Chapter 633 / Section 633.029
633.029 License required for animal feed manufacturers and distributors
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person may not operate an animal feed manufacturing plant, distribute commercial feeds other than at retail, be furnished a certificate of registration of a brand in this state, distribute a custom mixed feed manufactured for that person, or repackage or relabel a commercial feed manufactured by another person without having first obtained a license from the State Department of Agriculture. Application for license must be on forms prescribed by the department and must be accompanied by a license fee established by the department, not to exceed $1,000. All licenses shall expire on December 31 of each year or on such date as may be specified by department rule.

(b) In accordance with the provisions of ORS chapter 183, the department may promulgate rules designating different license fees for various categories of persons described in paragraph (a) of this subsection, so as to recognize differences in types of activities or volumes of business.

(2) Intentionally left blank —Ed.

(a) A contract feeder is not subject to the provisions of subsection (1) of this section, provided no drugs in any form are utilized in the manufacturing, mixing or processing of the feed. In the event drugs are so utilized, the contract feeder or other person utilizing the drugs is subject to the provisions of subsection (1) of this section.

(b) In accordance with the applicable provisions of ORS chapter 183, the department shall promulgate rules designating the types or categories of persons described in paragraph (a) of this subsection to whom this section applies. In promulgating such rules, the department shall consider:

(A) The methods of manufacture, mixing or processing of feed used;

(B) The quantities and kinds of drugs used; and

(C) The number, ages and kinds of animals to which the feed is to be made available. [1971 c.489 §7; 1973 c.342 §3; 1979 c.116 §3; 2001 c.137 §6; 2007 c.768 §37; 2021 c.565 §2]

Source: Section 633.029 — License required for animal feed manufacturers and distributors; fee; exemption; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 622.080 — OR Code / Title 49 / Chapter 622 / Section 622.080
622.080 Certificate fees
Status: in_force

(1) Persons engaged in the growing, production, harvesting or distribution of shellfish who receive from such operations not more than $50,000 in annual gross income shall pay annual fees to the State Department of Agriculture. The department shall establish the amount of the annual fees by rule, not to exceed:

(a) $300 for a certificate of shellfish sanitation as a shucker-packer, for a person operating a shellfish shucking, packing or repacking plant for the distribution of shellfish.

(b) $200 for a certificate of shellfish sanitation as a grower, for a person engaged in the business of growing shellfish.

(c) $200 for a certificate of shellfish sanitation as a distributor, for any jobber or wholesaler who furnishes or sells shellfish to retail outlets.

(d) $250 for a certificate of shellfish sanitation as a commercial harvester, for any person harvesting clams or mussels for commercial purposes.

(2) Persons engaged in the growing, production, harvesting or distribution of shellfish who receive from such operations more than $50,000 but not more than $500,000 in annual gross income shall pay annual fees to the department. The department shall establish the amount of the annual fees by rule, not to exceed:

(a) $600 for a certificate of shellfish sanitation as a shucker-packer, for a person operating a shellfish shucking, packing or repacking plant for the distribution of shellfish.

(b) $400 for a certificate of shellfish sanitation as a grower, for a person engaged in the business of growing shellfish.

(c) $450 for a certificate of shellfish sanitation as a distributor, for any jobber or wholesaler who furnishes or sells shellfish to retail outlets.

(d) $250 for a certificate of shellfish sanitation as a commercial harvester, for any person harvesting clams or mussels for commercial purposes.

(3) Persons engaged in the growing, production, harvesting or distribution of shellfish who receive from such operations more than $500,000 in annual gross income shall pay annual fees to the department. The department shall establish the amount of the annual fees by rule, not to exceed:

(a) $1,200 for a certificate of shellfish sanitation as a shucker-packer, for a person operating a shellfish shucking, packing or repacking plant for the distribution of shellfish.

(b) $800 for a certificate of shellfish sanitation as a grower, for a person engaged in the business of growing shellfish.

(c) $900 for a certificate of shellfish sanitation as a distributor, for any jobber or wholesaler who furnishes or sells shellfish to retail outlets.

(d) $250 for a certificate of shellfish sanitation as a commercial harvester, for any person harvesting clams or mussels for commercial purposes. [1955 c.331 §8; 1969 c.283 §3; 1973 c.508 §7; 1979 c.696 §10; 1993 c.720 §4; 2007 c.71 §188; 2011 c.323 §1]

Source: Section 622.080 — Certificate fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 621.078 — OR Code / Title 49 / Chapter 621 / Section 621.078
621.078 Additional users of milk processing plant
Status: in_force

(1) The State Department of Agriculture may issue a distributor or producer-distributor license under ORS 621.072 (Issuance of license to use grade designation) to one or more additional users of a milk processing plant that is primarily operated by another distributor or producer-distributor. A license issued to an additional user for activities at the milk processing plant may differ in activity type from the license issued to the primary operator of the plant. The physical facilities of the milk processing plant must conform to the requirements for all activity types for which the primary operator and the additional users of the plant are licensed. Regardless of the number of persons licensed to use a milk processing plant, the department may not recognize more than one distributor or producer-distributor as the primary operator of the plant.

(2) The department may assess a distributor or producer-distributor license fee to an additional user of a milk processing plant, calculated as provided in rules adopted under ORS 621.072 (Issuance of license to use grade designation) . In calculating license fees as provided under ORS 621.072 (Issuance of license to use grade designation) , the annual gross dollar volume of sales and services for an additional user of a milk processing plant is independent of the annual gross dollar volume of sales and services for any other user or the primary operator of the plant.

(3) Notwithstanding ORS 621.072 (Issuance of license to use grade designation) , the department may adopt rules to establish the license expiration, renewal and application dates for distributors or producer-distributors that are additional users of a milk processing plant.

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

(5) A recognized primary operator of a milk processing plant shall notify the department upon the expiration or termination of the rental or lease of the plant by an additional user of the plant. [2007 c.645 §7; 2012 c.64 §23; 2015 c.203 §23]

Source: Section 621.078 — Additional users of milk processing plant; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 634.322 — OR Code / Title 49 / Chapter 634 / Section 634.322
634.322 Enforcement powers of department
Status: in_force

In carrying out and enforcing the provisions of this chapter, the State Department of Agriculture is authorized:

(1) To collect samples of pesticides from any source, for analysis to determine compliance with this chapter.

(2) In accordance with the provisions of ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.630 (Removing or defacing seizure or embargo notice unlawful) , to seize or embargo any pesticide or device which is misbranded, adulterated or otherwise in violation of this chapter.

(3) Notwithstanding the provisions of ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.630 (Removing or defacing seizure or embargo notice unlawful) , whenever the department has reasonable cause to believe a pesticide or device is being formulated, distributed, stored or transported in violation of any of the provisions of this chapter, to issue and serve a written “stop sale, use or removal” order to and upon the owner or person in custody of any such pesticide or device. In the event the owner or person in custody is not available for service of the order, the department may attach a copy of the order to the pesticide or device. Upon issuance of the order, the pesticide or device shall not be sold, used or removed until the provisions of this chapter have been complied with and the pesticide or device has been released, by written notice of the department, under conditions specified by the department.

(4) In accordance with the provisions of ORS chapter 183, to revoke, suspend or refuse to issue or renew any license or certificate if it determines that an applicant, licensee or certificate holder has violated:

(a) A provision of this chapter;

(b) A rule adopted by the department for the administration or enforcement of this chapter;

(c) A provision of federal law set forth in 7 U.S.C. 136 to 136y, as amended and in effect on July 1, 2019; or

(d) A federal regulation set forth in 40 C.F.R. 152.1 to 180.2020, as amended and in effect on July 1, 2019.

(5) In accordance with the provisions of ORS chapter 183, to amend, suspend or revoke the registration of a pesticide for violation of any of the provisions of this chapter.

(6) To establish limitations and procedures deemed necessary and proper for the protection of persons, pollinating insects, bees, animals, crops, wildlife, land or environment, on the following:

(a) Quantities of packages;

(b) Quantities of sales;

(c) Uses or applications;

(d) Methods of sale, including prescription or permit requirements; or

(e) Persons to whom sold.

(7) To inspect any records required to be maintained by persons formulating, distributing, using or selling the pesticides described in ORS 634.306 (General duties and powers of department) (4), and to cause monitoring of the effects of such pesticides on human or animal life in any area where it is used or applied by a recognized and qualified person or agency.

(8) To enter into cooperative and reciprocal agreements with the federal government, or any of its agencies, for the purpose of enforcement of the provisions of this chapter or federal laws and regulations on the same subject matters, and to receive and expend funds pursuant to such agreements in furtherance of such purpose.

(9) To cooperate with, and request the assistance of, Oregon State University, governmental agencies or other persons for the purpose of enforcement of the provisions of this chapter.

(10) Intentionally left blank —Ed.

(a) To act jointly in, and with the concurrence of the State Forester and a research specialist designated by Oregon State University, the issuance of permits for the use of isopropyl ester of 2,4-D or any other ester of equal or higher volatility with regard to plant damage. Each such permit shall specify:

(A) The particular ester allowed;

(B) The boundaries of the area in which it may be used; and

(C) The prescribed time limit and condition under which it may be applied.

(b) Such permits shall only be issued when the issuing authority determines that the use of the ester will not damage agricultural and forest products and susceptible crops. In making such determination, the issuing authority shall consider research data, topography, climate, temperature, humidity, prevailing winds, characteristics of the ester and location of agricultural and forest products and susceptible crops. Such permits may be issued subject to conditions prescribed by the issuing authority. Issuance of such permit shall not be construed as a waiver of any of the provisions of this chapter. [1973 c.341 §33; 1979 c.232 §3; 2021 c.177 §3]

Source: Section 634.322 — Enforcement powers of department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 625.070 — OR Code / Title 49 / Chapter 625 / Section 625.070
625.070 Posting and surrender of certificate
Status: in_force

The operator of the licensed bakery shall keep the numbered license certificate posted conspicuously on the licensed premises. In the event of revocation or suspension of the license, the certificate shall be surrendered by the licensee to the State Department of Agriculture promptly upon demand.

Source: Section 625.070 — Posting and surrender of certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 634.132 — OR Code / Title 49 / Chapter 634 / Section 634.132
634.132 Consultant license
Status: in_force

(1) The annual license fee for a pesticide consultant shall be established by the State Department of Agriculture not to exceed $40.

(2) An applicant for a pesticide consultant’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) Other requirements or procedures which will be of benefit to and protect the pesticide applicators, 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 pesticides established by the department under ORS 634.306 (General duties and powers of department) (2).

(4) Examinations or reexaminations for pesticide consultant’s licenses shall be subject to ORS 634.122 (Applicator license) (5) and (6).

(5) This section shall not apply to licensed pesticide applicators or operators. [1973 c.341 §18; 1975 c.304 §13; 1993 c.599 §3; 2019 c.84 §2]

Source: Section 634.132 — Consultant license; fee; qualifications; examination; applicability of law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 616.235 — OR Code / Title 49 / Chapter 616 / Section 616.235
616.235 When food deemed adulterated
Status: in_force

A food shall be deemed to be adulterated:

(1) Intentionally left blank —Ed.

(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance such food shall not be considered adulterated under this paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health.

(b) If it bears or contains any added poisonous or added deleterious substance, other than a pesticide chemical in or on a raw agricultural commodity and other than a food additive or color additive, which is unsafe within the meaning of ORS 616.245 (Adding poisonous or deleterious substance) , or it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of ORS 616.341 (Use of poisons, pesticides or food additives restricted) or if it is, bears or contains any food additive which is declared unsafe by the State Department of Agriculture under ORS 616.350 (Control of food additives) . However, when a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under ORS 616.341 (Use of poisons, pesticides or food additives restricted) , and such raw agricultural commodity has been subjected to processing, such as canning, cooking, freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or on such processed food, notwithstanding ORS 616.341 (Use of poisons, pesticides or food additives restricted) and this section are not unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready-to-eat, is not greater than the tolerance prescribed for the raw agricultural commodity.

(c) If it consists in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or if it is otherwise unfit for food.

(d) If it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health.

(e) If it is, in whole or in part, the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse.

(f) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(2) Intentionally left blank —Ed.

(a) If any valuable constituent has been in whole or in part omitted or abstracted therefrom;

(b) If any substance has been substituted wholly or in part therefor;

(c) If damage or inferiority has been concealed in any manner; or

(d) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.

(3) Intentionally left blank —Ed.

(a) If it is confectionery and has partially or completely imbedded therein any nonnutritive object. This paragraph does not apply in the case of any nonnutritive object if, in the judgment of the department, such object is of some practical functional value to the confectionery product and would not render the product injurious or hazardous to health.

(b) If it bears or contains any alcohol except alcohol not in excess of one-half of one percent by weight used solely as a flavoring.

(c) If it bears or contains any nonnutritive substance. This paragraph does not apply to a nonnutritive substance which is in or on confectionery if, in the judgment of the department, its use is of some practical functional value in the manufacture, packaging or storing of such confectionery and if the use of such substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.215 (Prohibited acts) , 616.225 (Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity) to 616.256 (Labeling exemption for foods to be repackaged) , 616.286 (Inspection and investigation powers of department) , 616.295 (Reports and information issuable by department) , 616.310 (Notice or warning of minor violations) , 616.315 (Jurisdiction of courts) , 616.325 (Consumer commodity labeling requirements) , 616.330 (Alcoholic beverage exemption) , 616.341 (Use of poisons, pesticides or food additives restricted) , 616.350 (Control of food additives) to 616.366 (Rules for use of poisons, pesticides, food or color additives) , 616.790 (Enforcement of ORS 616.775 to 616.790 by department) and 616.992 (General criminal penalty) . The department, for the purpose of avoiding uncertainty in the application of this subsection, may promulgate rules allowing or prohibiting the use of particular nonnutritive objects or substances.

(d) If it bears or contains any color additive which is determined unsafe pursuant to ORS 616.350 (Control of food additives) . [Amended by 1959 c.301 §1; 1961 c.637 §2; 1973 c.227 §6; 1983 c.304 §1]

Source: Section 616.235 — When food deemed adulterated; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 624.610 — OR Code / Title 49 / Chapter 624 / Section 624.610
624.610 Application of ORS 624.010 to 624.121 or 624.310 to 624.430 to certain food service
Status: in_force

Neither ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) nor 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) apply to:

(1) Food service provided to sleeping room patrons of facilities described in ORS 446.435 (Nonapplication of ORS 446.003 to 446.140 and 446.310 to 446.350 to sleeping rooms or temporary camping sites) ; or

(2) Food service provided solely and incidentally to participants in the course of backpacking, hiking, horseback packing, canoeing, rafting or other such expedition as described in ORS 446.435 (Nonapplication of ORS 446.003 to 446.140 and 446.310 to 446.350 to sleeping rooms or temporary camping sites) unless the expedition is a part of an organizational camp program. [1981 c.650 §3]

Source: Section 624.610 — Application of ORS 624.010 to 624.121 or 624.310 to 624.430 to certain food service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 616.590 — OR Code / Title 49 / Chapter 616 / Section 616.590
616.590 Lack of cause of action or claim
Status: in_force

ORS 616.555 (Definitions for ORS 616.555 to 616.585) to 616.585 (Local disclosure requirements prohibited) do not create a cause of action and may not be asserted as the basis for a per se negligence claim. [2009 c.314 §7]

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

Source: Section 616.590 — Lack of cause of action or claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 618.156 — OR Code / Title 49 / Chapter 618 / Section 618.156
618.156 Forms, certificates and identification tags
Status: in_force

(1) The State Department of Agriculture shall prescribe such forms, certificates and identification tags as it considers necessary to carry out the licensing provisions of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) .

(2) The department shall provide a certificate or other evidence of device license compliance to each person fulfilling the weighing or measuring device licensing requirements of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) .

(3) Application for a weights and measures license shall be made upon a form prescribed and furnished by the department and shall contain such information as the department may require. [1973 c.293 §36; 2005 c.22 §429]

Source: Section 618.156 — Forms, certificates and identification tags; license application forms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 618.521 — OR Code / Title 49 / Chapter 618 / Section 618.521
618.521 Investigative demand
Status: in_force

(1) When it appears to the prosecuting attorney that a person has committed or is committing a security seal violation, the attorney may execute in writing and cause to be served an investigative demand upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged violation. The investigative demand shall require such person, under oath or otherwise, to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand or to do any of the foregoing, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce which is the subject matter of the investigation.

(2) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause including privileged material, may be filed in the appropriate court. [1973 c.294 §6]

Source: Section 618.521 — Investigative demand; petition to modify , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 616.825 — OR Code / Title 49 / Chapter 616 / Section 616.825
616.825 Sale of perishable food after expiration of pull date prohibited
Status: in_force

(1) No person shall sell or offer for sale at retail any packaged perishable food after the expiration of the open pull date appearing on the label of the package or container unless:

(a) The package has been separated from packages of perishable food with open pull dates that have not expired;

(b) Each such package or group of packages is clearly identified in retail display as having an expired open pull date; and

(c) The food is fit for human consumption according to applicable state and federal law.

(2) Notwithstanding the provisions of this section, a vendor shall be allowed the first eight business hours after the expiration of the open pull date within which to remove all packages with an expired pull date. [1973 c.173 §6]

Source: Section 616.825 — Sale of perishable food after expiration of pull date prohibited; exceptions; time for removal of packages with expired pull dates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 621.003 — OR Code / Title 49 / Chapter 621 / Section 621.003
621.003 Definitions
Status: in_force

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

(1) “Container” means milk and cream cans, farm milk tanks, milk tank trucks, milk storage tanks, pasteurizing vats, cheese vats, butter churns, butter tubs, cheese hoops and any other receptacle designed for use or used to hold fluid milk, milk or dairy products.

(2) “Cream” means that portion of milk consisting of milk fat.

(3) “Dairy products” means:

(a) Butter.

(b) All varieties of cheese, frozen desserts and frozen dessert mixes containing milk, cream or nonfat milk solids.

(c) Evaporated, condensed, concentrated, powdered, dried or fermented milk, whey, cream and skimmed milk.

(4) “Dairy products plant” means:

(a) An establishment where milk is received, processed or used in manufacturing dairy products for human consumption.

(b) A place or premises where milk is received or collected.

(c) A bulk tank truck or other mobile equipment used by a milk hauler or other person in the transportation of milk, fluid milk or milk products.

(d) A location operated by a nonprocessing cooperative, corporation, association or person serving as a marketing agent for producers.

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

(6) “Disease-free herd” means a herd of cows, sheep or goats that is not an infected herd. As used in this subsection, “infected herd” means a herd of cows, sheep or goats in which one or more reactor animals have been discovered by any test authorized by law and that has not regained its disease-free status following the slaughter of the reactor animals and retesting of the herd as prescribed by the department.

(7) “Distributor” means a person who purchases only unpasteurized milk and pasteurizes or otherwise processes that milk, then bottles and distributes the milk for human consumption.

(8) “Fluid milk” means milk and any other product made by the addition of a substance to milk or to a liquid form of milk product if the milk or other product is produced, processed, distributed, sold or offered or exposed for sale for human consumption. Fluid milk includes sterilized fluid milk products and the fluid milk products for which a standard of identity has been established by the department.

(9) “Frozen dessert” means a food product that is defined and standardized by rule under ORS 621.311 (Definitions and standards of identity for frozen desserts) .

(10) “Frozen dessert mix” means the unfrozen, blended ingredients, in liquid or powdered form, from which frozen desserts are made by freezing the mix ingredients to a solid or semisolid consistency.

(11) “Frozen dessert retailer” means a person who freezes or makes frozen desserts for direct sale to or use by a consumer.

(12) “Frozen dessert wholesaler” means a person, other than a frozen dessert retailer, engaged in the business of freezing or making frozen desserts for sale. “Frozen dessert wholesaler” does not include interstate carriers, health care facilities as defined in ORS 442.015 (Definitions) , domiciliary care facilities as defined in ORS 443.205 (Definitions for ORS 443.215 and 443.225) , schools, institutions or fraternal, social or religious organizations or persons engaging in occasional or incidental sales as defined by department rule.

(13) “Imitation milk product” means:

(a) A compound of milk and edible oil or fat, other than natural milk fat, with or without other ingredients.

(b) A compound or product that is not a fluid milk product, that is made to have or has the appearance, taste or texture of a fluid milk product or a general composition similar to that of a fluid milk product, for which a standard of identity has been established by the department, and that may reasonably be mistaken for a fluid milk product.

(14) “Milk” means the lacteal secretion of cows, sheep and goats.

(15) “Milk hauler” means a person who, in the course of employment, accepts bulk fluid milk and transports that commodity to a dairy products plant or a physical facility of a distributor or producer-distributor.

(16) “Nonprocessing distributor” means a person who sells fluid milk in consumer-sized units under the person’s own brand or trade name after the milk has been processed and packaged by a distributor or producer-distributor.

(17) “Pasteurize” means the process established by the department pursuant to ORS 621.261 (Regulations regarding equipment used in pasteurization process) by which each particle of milk, cream or any other dairy product is treated, usually by heat, for the purpose of destroying or rendering harmless bacterial organisms, including pathogenic organisms and viruses.

(18) “Producer” means a person who engages in the production of unpasteurized milk on a dairy farm and does not bottle the milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption.

(19) “Producer-distributor” means:

(a) A person who bottles milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption.

(b) A person who purchases milk from a producer, pasteurizes that milk, then bottles it for distribution. [1999 c.197 §2]

Source: Section 621.003 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 625.120 — OR Code / Title 49 / Chapter 625 / Section 625.120
625.120 Display and surrender of certificate
Status: in_force

The distributor’s numbered license certificate shall be kept posted conspicuously at the licensee’s principal public place of business within this state. The licensee shall also cause to be displayed conspicuously on the outside of each vehicle used by the licensee in distribution of bakery products the statement “State Bakery Distributor’s License No.___,” including the proper license number. In event of revocation or suspension of the license, the certificate shall be surrendered by the licensee to the State Department of Agriculture promptly upon demand.

Source: Section 625.120 — Display and surrender of certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 616.275 — OR Code / Title 49 / Chapter 616 / Section 616.275
616.275 Liability for dissemination of false advertisement
Status: in_force

No publisher, radio broadcast licensee or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, is liable under this section by reason of the dissemination by the publisher, licensee or agency or medium of such false advertisement, unless the publisher, licensee or agency or medium has refused, on the request of the State Department of Agriculture, or its authorized representative, to furnish the department the name and post-office address of the manufacturer, packer, distributor, seller or advertising agency who caused the publisher, licensee or agency or medium to disseminate the advertisement.

Source: Section 616.275 — Liability for dissemination of false advertisement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 632.965 — OR Code / Title 49 / Chapter 632 / Section 632.965
632.965 Certificate of grade, classification, quality or condition as prima facie evidence
Status: in_force

A certificate, when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality or condition of any horticultural or agricultural product, issued under ORS 632.900 (“Horticultural and agricultural products” defined) to 632.940 (Inspection and classification of horticultural and agricultural products by department) and 632.955 (Investigation of complaint of purchaser’s misrepresentation of product) to 632.980 (Improper grading and incorrect certificates prohibited) and all certificates issued under authority of the Congress of the United States relating to the grade, classification, quality or condition of horticultural or agricultural products shall be accepted in any court of this state as prima facie evidence of the true grade, classification, condition or quality of the horticultural or agricultural products at the time of its inspection. [Formerly 616.460]

Source: Section 632.965 — Certificate of grade, classification, quality or condition as prima facie evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 634.375 — OR Code / Title 49 / Chapter 634 / Section 634.375
634.375 Sanctions for failure to pay civil penalty
Status: in_force

The State Department of Agriculture may suspend, revoke or refuse to renew a license, certificate or other authorization issued to a person under this chapter if the person fails to pay a civil penalty under ORS 634.900 (Penalty for certain violations) on or before 90 days after the date that the order imposing the civil penalty becomes final by operation of law or on appeal. [2015 c.833 §10]

Source: Section 634.375 — Sanctions for failure to pay civil penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 628.250 — OR Code / Title 49 / Chapter 628 / Section 628.250
628.250 Refusal, revocation or suspension of licenses
Status: in_force

The State Department of Agriculture, acting through the Director of Agriculture or the division chief of the department in charge of the inspection of refrigerated locker plants, may refuse, revoke or suspend any license issued pursuant to ORS 628.220 (License required for locker plant business) to 628.240 (License fees) upon finding, after a hearing had in conformance with ORS chapter 183, that:

(1) The licensee has violated any provision of ORS 628.210 (Definitions for ORS 628.210 to 628.370) to 628.370 (Jurisdiction and prosecution of violations of ORS 628.210 to 628.370) or any other law of Oregon relating to the operation of refrigerated locker plants or frozen food storage plants or the handling or sale of any food for human consumption or has violated any rule or regulation promulgated by the department.

(2) The building, room, basement or cellar occupied by the refrigerated locker plant is not properly lighted, drained, plumbed, ventilated and maintained in a clean, healthful and sanitary condition.

(3) The floors, walls or ceilings of the refrigerated locker plant or the furniture, receptacles, implements or machinery used in the locker plant are not maintained in a clean, healthful and sanitary condition. [Amended by 1961 c.425 §15]

Source: Section 628.250 — Refusal, revocation or suspension of licenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 625.200 — OR Code / Title 49 / Chapter 625 / Section 625.200
625.200 Standard of weight for bread
Status: in_force

(1) Bread, manufactured, made or kept for the purpose of sale, offered or exposed for sale, or sold in the form of loaves, shall be of such a standard of weight as the State Department of Agriculture by rule may prescribe.

(2) For the purpose of this section bread shall be deemed to be in the form of loaves, whether or not the loaf is wrapped, or whether transparent or other wrapping is used, or whether or not the loaf is sliced, and shall be deemed to be in package form when wrapped, and shall be labeled with the net weight and such other labeling as may be required by rules promulgated by the department under the authority granted in ORS 625.160 (Powers of department) .

(3) No person shall manufacture, make, procure or keep for the purpose of sale, offer or expose for sale, or sell bread in the form of loaves which does not conform to the weights specified by rule.

(4) This section does not apply to biscuits, buns, crackers, rolls, cakes or cookies, which, when sold or offered for sale, shall be sold either by net weight or numerical count, and when in package form shall be marked plainly as to the net weight or numerical count, except that packages containing more than 12 shall be labeled with the net weight. [Amended by 1953 c.657 §2; 1959 c.370 §2; 1969 c.192 §3; 1987 c.472 §3]

Source: Section 625.200 — Standard of weight for bread; sale of loaves of unauthorized weight prohibited; other products , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 634.312 — OR Code / Title 49 / Chapter 634 / Section 634.312
634.312 Department to develop programs for solution of pesticide and synthetic chemical problems
Status: in_force

The increasing formulation, distribution, application and use of pesticides and other synthetic chemicals have created serious problems with storage, disposition and transportation of pesticides and other synthetic chemicals which cannot or should not be distributed, applied or used. Such problems include but are not limited to the recall and storage of pesticides and other synthetic chemicals prohibited from distribution, application or use because of a violation of or noncompliance with a law or regulation. The State Department of Agriculture shall review scientific information relating to such problems and develop immediate and long-range programs or plans for solutions to such problems, and for these purposes seek the advice of governmental agencies or bodies. [1973 c.341 §4; 1993 c.742 §112]

Source: Section 634.312 — Department to develop programs for solution of pesticide and synthetic chemical problems , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 621.057 — OR Code / Title 49 / Chapter 621 / Section 621.057
621.057 Record of grade of milk
Status: in_force

The grader shall make a true written record of the grade of all milk graded by the grader. The record shall also show the name of the producer, the date of delivery and of grading, and the quantity involved. The record shall be delivered to and retained by the distributor, producer-distributor or dairy products plant licensee for 30 days and shall be available for inspection by the producer of the milk and by the State Department of Agriculture. [Formerly 621.216]

Source: Section 621.057 — Record of grade of milk , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 618.141 — OR Code / Title 49 / Chapter 618 / Section 618.141
618.141 Maximum license fees
Status: in_force

The license fees established pursuant to ORS 618.136 (Establishing license fees) for commercial weighing or measuring instruments or devices may not exceed the following:

Discrete Weighing Devices Maximum

(Manufacturer’s rated capacity) Fee

Not over 400 pounds $ 49

Over 400 pounds,

but not over 1,160 pounds $ 101

Over 1,160 pounds,

but not over 7,500 pounds $ 205

Over 7,500 pounds,

but not over 60,000 pounds $ 307

Over 60,000 pounds $ 307

Static railroad track scales $ 1,334

Continuous Weighing Systems

(Manufacturer’s rated capacity)

Under 10 tons per hour $ 386

10-150 tons per hour $ 600

Over 150 tons per hour, but

not over 1,000 tons per hour $ 1,201

Over 1,000 tons per hour $ 2,668

In-motion railroad track scales $ 1,334

Liquid-Fuel Metering Devices for

Noncorrosive Fuels Contained at

Atmospheric Pressure

Under 20 gallons per minute $ 40

20-150 gallons per minute $ 205

Over 150 gallons per minute $ 307

Special Liquid-Fuel Measuring

Equipment

Liquefied petroleum gas meters

One inch pipe diameter or

under $ 307

Over one inch pipe diameter $ 307

Tanks, under 500 gallons

capacity when used as

measure containers with

or without gage rods or

markers $ 115

Tanks, 500 or more gallons

capacity when used as

measure containers with

or without gage rods or

markers $ 230

[1973 c.293 §34; 1977 c.132 §6; 1983 c.210 §1; 1989 c.405 §6; 1991 c.610 §1; 1993 c.122 §1; 1999 c.237 §2; 2007 c.489 §§1,3; 2019 c.385 §3]

Source: Section 618.141 — Maximum license fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 618.161 — OR Code / Title 49 / Chapter 618 / Section 618.161
618.161 Notice of violation to owner or operator of unlicensed weighing or measuring instrument
Status: in_force

When weighing or measuring instruments or devices specified in ORS 618.141 (Maximum license fees) are in commercial use and a valid license for such instruments or devices has not been procured by the owner or operator thereof, the State Department of Agriculture after giving notice of such requirements to the owner or operator is authorized to prohibit the further commercial use of the unlicensed instruments or devices until the proper license has been issued. The department may employ and attach to the instruments or devices such forms, notices or security seals as it considers necessary to prevent the continued unauthorized use of the instruments or devices. [1973 c.293 §37]

Source: Section 618.161 — Notice of violation to owner or operator of unlicensed weighing or measuring instrument; tagging or sealing instruments to prevent unauthorized use , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 634.116 — OR Code / Title 49 / Chapter 634 / Section 634.116
634.116 Pesticide operator license
Status: in_force

(1) A pesticide operator’s license, or supplements thereto, shall authorize the licensee to engage in one or more of the classes of pest control or pesticide application business prescribed by the State Department of Agriculture under ORS 634.306 (General duties and powers of department) (2). The department may not issue a pesticide operator license to the United States, the State of Oregon or federal, state or local agencies, instrumentalities, political subdivisions, counties, cities, towns, municipal corporations, irrigation, drainage or other districts, other federal, state or local governmental bodies or an Indian tribe.

(2) During a license period, and after a person has been issued a license to engage in certain classes of pest control or pesticide application business during a license period, the department upon receiving an additional application and applicable fees, may authorize the licensee to engage in additional classes of pest control or pesticide application business for the remainder of the license period as prescribed in ORS 634.306 (General duties and powers of department) (2).

(3) Intentionally left blank —Ed.

(a) The department shall establish a pesticide operator license fee not to exceed $90 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 $15 for each additional class.

(b) After a person makes first application for a specific license period, if later during the same license period the person desires to engage in additional classes of pest control or pesticide application businesses, such person shall pay the fee for each additional class established by the department not to exceed $20.

(4) At least one owner or part owner of the pest control or pesticide application business shall also obtain and maintain a pesticide applicator’s license if the pesticide operator is a sole proprietorship or a partnership. At least one officer or employee shall obtain and maintain a pesticide applicator’s license if the pesticide operator is a corporation. If a pesticide operator is found to be in violation of this subsection, the pesticide operator’s license, notwithstanding ORS chapter 183, is automatically suspended until the pesticide operator is in compliance. If the business is owned by one individual, the department shall make no charge for the pesticide applicator license issued to the individual under ORS 634.122 (Applicator license) .

(5) The department shall not issue or renew a pesticide operator’s license until the applicant or licensee has furnished evidence to the department, in the form of a public liability policy issued by an insurance company qualified to do business in Oregon, protecting the applicant or licensee against liability for injury or death to persons and loss of or damage to property resulting from the application of pesticides, or in lieu of a policy, has furnished a deposit of cash, surety bond or other evidence of financial responsibility acceptable to the department that may be applied by the department to the payment of damages resulting from operator liability. However:

(a) Except as required under paragraph (b) of this subsection, the financial responsibility required by this section shall not apply to damages or injury to crops or real or personal property being worked upon by the applicant.

(b) If the applicant or licensee is to be engaged in the business of controlling or eradicating structural pests, or pests within a public or private place, or pests within private or public places where food is served, prepared or processed or where persons are regularly housed, the financial responsibility required by this section shall apply to damages or injury to real or personal property being worked upon, as well as all the other real and personal property set forth in this section.

(6) The financial responsibility required by subsection (5) of this section must be not less than $25,000 for bodily injury to one or more persons and not less than $25,000 for property damage.

(7) Notwithstanding the provisions of ORS chapter 183, if the licensed pesticide operator fails to maintain the financial responsibility required by subsections (5) and (6) of this section, the license is automatically suspended until the department again verifies the pesticide operator is in compliance with subsections (5) and (6) of this section. The liability insurance company shall notify the department in writing at least 30 days prior to any cancellation of an insurance policy required by this section.

(8) Notwithstanding the provisions of ORS 105.810 (Treble damages for injury to or removal of produce, trees or shrubs) and 105.815 (When double damages are awarded for trespass) or other laws to the contrary, the amount of damages for which a pesticide operator or pesticide applicator is liable as a result of use of pesticides, or financial responsibility for the same is limited to actual damages only.

(9) The department shall return the deposit required by subsection (5) of this section to the pesticide operator if the pesticide operator at any time establishes exemption from the financial responsibility requirements under this chapter. After the expiration of two years from the date of an injury, death, loss or damage, the department shall return any deposit remaining to the pesticide operator or to the personal representative of the pesticide operator except that the department shall not make a return if the department has received notice that an action for damages arising out of the provisions of this section has been filed against the pesticide operator for whom the deposit was made, and the department has determined that the action is pending or that any judgment resulting from the action remains unpaid.

(10) If the pesticide operator is or employs a pesticide applicator to spray or otherwise apply pesticides by aircraft, in addition to other provisions of this section relating to financial responsibility, the department may by rule allow the pesticide operator to reduce, suspend or terminate the liability insurance, applicable to spraying or otherwise applying pesticides by aircraft, and required by subsections (5) and (6) of this section during certain periods of the year.

(11) The department may by rule allow liability insurance policies required by subsections (5) and (6) of this section to include deductible clauses of amounts to be determined by the department.

(12) Intentionally left blank —Ed.

(a) The United States, the State of Oregon or federal, state or local agencies, instrumentalities, political subdivisions, counties, cities, towns, municipal corporations, irrigation, drainage or other districts, other federal, state or local governmental bodies or Indian tribes are not required to obtain a license as a pesticide operator or to furnish evidence of financial responsibility to the department when:

(A) Applying pesticides to property under their ownership, possession, control or jurisdiction;

(B) Applying pesticides pursuant to an order issued by the department for purposes of controlling or eradicating noxious weeds or pests; or

(C) Applying pesticides to property under the ownership, possession, control or jurisdiction of another federal, state or local agency, instrumentality, political subdivision, county, city, town, municipal corporation, irrigation, drainage or other district, of another federal, state or local governmental body, of an Indian tribe or of a homeowners association as defined under ORS 94.550 (Definitions for ORS 94.550 to 94.783) if:

(i) The land is in a jurisdiction adjacent to property under their ownership, possession, control or jurisdiction;

(ii) The application is done in conjunction with, or as an extension of, an application of pesticides to property under their ownership, possession, control or jurisdiction; and

(iii) The pesticide application is done on a cost recovery, cooperative trade of services or no cost basis, and not as a source for profit.

(b) A public utility or telecommunications utility is not required to obtain a license as a pesticide operator or to furnish evidence of financial responsibility to the department when applying pesticides to property under the ownership, possession or control of the utility.

(c) In addition to any application allowed under paragraph (a) of this subsection, a vector control district is not required to obtain a license as a pesticide operator or to furnish evidence of financial responsibility to the department when applying pesticides for the prevention, control or eradication of a public health vector as defined in ORS 452.010 (Definitions for ORS 452.010 and 452.020 to 452.300) to property under the ownership, possession, control or jurisdiction of another federal, state or local agency, instrumentality, political subdivision, county, city, town, municipal corporation, irrigation, drainage or other district or other federal, state or local governmental body or of a homeowners association as defined under ORS 94.550 (Definitions for ORS 94.550 to 94.783) if the pesticide application is done on a cost recovery, cooperative trade of services or no cost basis, and not as a source of profit.

(13) Subject to subsection (15) of this section, the employees of the agencies, instrumentalities, subdivisions, counties, cities, towns, municipal corporations, districts, governmental bodies, Indian tribes or utilities described in subsection (12) of this section who perform or carry out the work, duties or responsibilities of a pesticide applicator are subject to the provisions of this chapter, except they shall be issued “public applicator” licenses or, if they carry out the work, duties or responsibilities of a pesticide trainee, shall be issued “public trainee” certificates, if they otherwise comply or qualify with the provisions of this chapter relating thereto.

(14) The public applicator license or public trainee certificate shall be:

(a) Issued by the department upon payment of the fee for the pesticide applicator license or pesticide trainee certificate.

(b) Valid and used by the licensee or certificate holder only when applying pesticides as described in subsection (12) of this section.

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

(15) The provisions of subsection (13) of this section apply only to:

(a) The application of restricted-use pesticides;

(b) The application of any pesticide by using a machine-powered device; or

(c) The application of any pesticide at the campus of a school, as defined in ORS 634.700 (Definitions for ORS 634.700 to 634.750) , by an employee of the school.

(16) Prior to applying pesticides to land described in subsection (12)(a)(C) of this section, a public applicator shall inform the person requesting pesticide application of the possible availability of alternative sources of assistance, including sources in the private sector that are registered with the department or with industry trade or professional organizations.

(17) A federal, state or local agency, instrumentality, political subdivision, county, city, town, municipal corporation, irrigation, drainage or other district or other federal, state or local governmental body may not solicit or advertise for pesticide application business in areas outside its jurisdiction.

(18) Before issuing any pesticide license or certificate, or the renewal thereof, to an employee of an Indian tribe, to a business entity of an Indian tribe or to an employee of a business entity of an Indian tribe, the department shall enter into a mutually acceptable agreement with the Indian tribe or business entity to enable the department to administer and enforce the provisions of this chapter and rules adopted under this chapter with respect to the Indian tribe or business entity. [1973 c.341 §15; 1975 c.304 §11; 1987 c.317 §1; 1987 c.447 §135; 1993 c.599 §1; 2001 c.307 §2; 2005 c.96 §1; 2007 c.258 §9; 2009 c.501 §10; 2015 c.833 §5; 2023 c.45 §2]

Source: Section 634.116 — Pesticide operator license; authorized activities; fees; pesticide applicator license; liability insurance; limitation on damages; rules; exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 618.206 — OR Code / Title 49 / Chapter 618 / Section 618.206
618.206 Manner of selling commodities
Status: in_force

(1) Commodities in liquid form shall be sold only by liquid measure or weight and, except as otherwise provided in ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) , commodities not in liquid form shall be sold only by weight, measure of length or area, or count. However, liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold.

(2) The provisions of subsection (1) of this section do not apply to:

(a) Commodities sold for immediate consumption on the premises where sold;

(b) Vegetables sold by the head or bunch;

(c) Commodities in containers standardized by the laws of this state or the United States;

(d) Commodities in package form when there exists a general consumer usage to express the quantity in some other manner;

(e) Concrete aggregates, concrete mixtures and loose solid materials such as earth, soil, gravel, crushed stone and like substances sold by cubic measure; or

(f) Unprocessed vegetable and animal fertilizer sold by cubic measure.

(3) The State Department of Agriculture may make such reasonable rules as are necessary to ensure that the amounts of commodity for sale reflect accurate and fair practices. [1973 c.293 §21; 2005 c.22 §431]

Source: Section 618.206 — Manner of selling commodities; exemptions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 633.465 — OR Code / Title 49 / Chapter 633 / Section 633.465
633.465 Inspection fees
Status: in_force

(1) Except as provided in subsection (2) of this section, a person required to file a semiannual tonnage report under ORS 633.462 (Tonnage reports) shall pay the State Department of Agriculture an inspection fee in an amount established by rule:

(a) Not to exceed $0.45 for each ton of fertilizer, agricultural amendment or agricultural mineral product distributed, of which not more than $0.25 may be expended for funding grants as provided in subsection (3) of this section.

(b) Not to exceed $0.05 for each ton of gypsum or of an agricultural mineral with a principal ingredient of calcium sulfate (CaSO4•2H2O or CaSO4) distributed.

(c) Not to exceed $0.05 for each ton of lime product distributed, of which not more than $0.025 may be expended for funding grants as provided in subsection (3) of this section.

(2) If the total amount that would be due from a person under subsection (1) of this section for inspection fees is less than $15, the person shall pay $15.

(3) After being advised by the Fertilizer Research Committee created in ORS 633.479 (Fertilizer Research Committee) , the department may use amounts made available under subsection (1)(a) and (c) of this section to fund grants for research and development related to the interaction of fertilizer, agricultural amendment, agricultural mineral or lime products and ground water or surface water.

(4) The department may not assess inspection fees on any fertilizer, agricultural amendment, agricultural mineral or lime product in commercial transit that is not intended for use or final distribution in this state.

(5) If there are duplicate inspection fee payments, an application made for a refund must be on forms provided by the department and submitted to the department within 180 days of the alleged overpayment. [2015 c.514 §3]

Source: Section 633.465 — Inspection fees; disposition; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 622.065 — OR Code / Title 49 / Chapter 622 / Section 622.065
622.065 Denial, suspension and revocation of certificate
Status: in_force

(1) The State Department of Agriculture may suspend, deny or revoke any certificate of shellfish sanitation issued under this section for violation of any applicable provisions of ORS 622.010 (Definitions) to 622.180 (Powers of department) or any rule promulgated under ORS 622.180 (Powers of department) .

(2) Procedures for denial, revocation or suspension of a certificate shall be as provided in ORS chapter 183. [1973 c.508 §6 (enacted in lieu of 622.060 and 622.070)]

Source: Section 622.065 — Denial, suspension and revocation of certificate; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 634.126 — OR Code / Title 49 / Chapter 634 / Section 634.126
634.126 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 its pesticide trainee’s certificate if the applicant or certificate holder:

(a) Is at least 18 years of age;

(b) Is employed by a licensed pesticide operator;

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

(d) Is in compliance with the applicable provisions of this chapter and rules adopted under this chapter.

(2) The fees for a pesticide trainee’s certificate, or renewal thereof, shall be the same as the license fee for a pesticide applicator. [1973 c.341 §17; 1997 c.249 §193; 2015 c.833 §6]

Source: Section 634.126 — Trainee certificate; renewal; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 618.051 — OR Code / Title 49 / Chapter 618 / Section 618.051
618.051 Specifications and tolerances of commercial weights and measures
Status: in_force

The State Department of Agriculture by rule shall prescribe the specifications, tolerances and other technical requirements applicable to commercial weights and measures within this state. In so doing the department shall take cognizance of those uniform requirements recommended by the National Institute of Standards and Technology and published in appropriate National Institute of Standards and Technology handbooks and supplements thereto. For the purposes of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) , weights and measures are correct when in conformance with all applicable sections of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) and rules promulgated pursuant thereto. All other weights and measures are incorrect. [1973 c.293 §18; 2003 c.14 §369; 2005 c.22 §418]

Source: Section 618.051 — Specifications and tolerances of commercial weights and measures; consideration of federal requirements; status of nonconforming weights and measures; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 618.236 — OR Code / Title 49 / Chapter 618 / Section 618.236
618.236 Price misrepresentation prohibited
Status: in_force

(1) Whenever any commodity or service is sold, offered or exposed for sale, by weight, measure or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser.

(2) Whenever an advertised, posted or labeled price per unit of weight, measure or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and width of, the numerals representing the whole cents. [1973 c.293 §27]

Source: Section 618.236 — Price misrepresentation prohibited; expressing fractional prices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 622.020 — OR Code / Title 49 / Chapter 622 / Section 622.020
622.020 Certificate of shellfish sanitation required to be dealer
Status: in_force

No person shall act as a dealer without the certificate or certificates of shellfish sanitation issued by the State Department of Agriculture. [1955 c.331 §3; 1973 c.508 §2]

Source: Section 622.020 — Certificate of shellfish sanitation required to be dealer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 621.012 — OR Code / Title 49 / Chapter 621 / Section 621.012
621.012 Exception for small-scale on-farm sales
Status: in_force

The provisions of ORS 621.062 (Deviation from standard of identity prohibited) , 621.070 (License required to use grade designation) , 621.072 (Issuance of license to use grade designation) , 621.076 (Container labeling) , 621.084 (Weighing, sampling and testing fluid milk) , 621.088 (Sale or possession of milk or cream to which water has been added) , 621.116 (Prohibition against retail sale of unpasteurized milk from cows) , 621.117 (Distributor or producer-distributor may sell only milk that is pasteurized or from disease-free goats or sheep) and 621.259 (Pasteurization equipment) and standards developed under ORS 621.060 (Establishing standards of quality and identity for fluid milk) , 621.083 (Procedures and equipment for graders) or 621.224 (Bacterial standards) do not apply to a person owning not more than three dairy cows that have calved at least once, nine sheep that have lactated at least once or nine goats that have lactated at least once, but such person may sell the fluid milk from those animals for human or other consumption without complying with the provisions of ORS 621.062 (Deviation from standard of identity prohibited) , 621.070 (License required to use grade designation) , 621.072 (Issuance of license to use grade designation) , 621.076 (Container labeling) , 621.084 (Weighing, sampling and testing fluid milk) , 621.116 (Prohibition against retail sale of unpasteurized milk from cows) , 621.117 (Distributor or producer-distributor may sell only milk that is pasteurized or from disease-free goats or sheep) or 621.259 (Pasteurization equipment) or standards developed under ORS 621.060 (Establishing standards of quality and identity for fluid milk) , 621.083 (Procedures and equipment for graders) or 621.224 (Bacterial standards) only if:

(1) The milk is sold directly to the consumer at the premises where produced; and

(2) No more than two producing dairy cows, nine producing sheep or nine producing goats are located on the premises where the milk is produced. [Formerly 621.089; 2015 c.58 §1]

Source: Section 621.012 — Exception for small-scale on-farm sales , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 632.995 — OR Code / Title 49 / Chapter 632 / Section 632.995
632.995 Civil penalties
Status: in_force

(1) In addition to any penalty available under ORS 561.190 (Rules and regulations) or 632.990 (Criminal penalties) , the State Department of Agriculture may impose a civil penalty for a violation 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) , 632.450 (Definitions for ORS 632.450 to 632.485) to 632.490 (Labeling fruit or vegetables as Oregon grown or packed) , 632.625 (Violation of walnut and filbert law prohibited) , 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) or 632.900 (“Horticultural and agricultural products” defined) to 632.985 (Transporting of agricultural or horticultural products subject to inspection) or of rules 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) , 632.450 (Definitions for ORS 632.450 to 632.485) to 632.490 (Labeling fruit or vegetables as Oregon grown or packed) , 632.625 (Violation of walnut and filbert law prohibited) , 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) or 632.900 (“Horticultural and agricultural products” defined) to 632.985 (Transporting of agricultural or horticultural products subject to inspection) . 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.

Source: Section 632.995 — Civil penalties; rules; hearing; disposition of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 621.093 — OR Code / Title 49 / Chapter 621 / Section 621.093
621.093 Liability of licensee for inaccurate weighing, sampling, testing or recording
Status: in_force

If a producer is damaged by an inaccurate weighing, sampling or testing of milk or cream by a distributor, producer-distributor or dairy products plant licensee or by the inaccurate recording of the results of any test by the distributor, producer-distributor or licensee, the producer may bring an action for those damages. The court may award reasonable attorney fees to the prevailing party in an action under this section. [Formerly 621.246]

Source: Section 621.093 — Liability of licensee for inaccurate weighing, sampling, testing or recording; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 616.865 — OR Code / Title 49 / Chapter 616 / Section 616.865
616.865 Temporary sale items exempt
Status: in_force

When a packaged consumer commodity is sold or offered for sale at retail at a price lower than the price at which the commodity is regularly sold or offered for sale, the retail seller is exempt from the requirements of ORS 616.860 (Unit pricing of packaged consumer commodities required) (1) as to such commodities unless the lower price is to be in effect for more than 30 consecutive business days. [1977 c.181 §6]

Source: Section 616.865 — Temporary sale items exempt , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 616.892 — OR Code / Title 49 / Chapter 616 / Section 616.892
616.892 Single-use plastic straws
Status: in_force

(1) As used in this section:

(a) “Consumer” means an individual who orders a beverage of any description from a food and beverage provider in this state.

(b) “Convenience store” means a business that, for compensation, offers or provides a range of commodities that includes food and beverages.

(c) “Enforcement officer” means an authorized representative of the State Department of Agriculture who conducts inspections under ORS 616.286 (Inspection and investigation powers of department) or an authorized representative of the Director of the Oregon Health Authority or of a local government who conducts inspections under ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) or 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) .

(d) Intentionally left blank —Ed.

(A) “Food and beverage provider” means a business that, for compensation, offers or serves food or beverages to a consumer.

(B) “Food and beverage provider” does not include a health care facility, as defined in ORS 442.015 (Definitions) , or a residential care facility, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) , that provides single-use plastic straws to patients or residents.

(e) Intentionally left blank —Ed.

(A) “Single-use plastic straw” means a tube made primarily from plastic that is derived from petroleum or a biologically based polymer, such as corn or another plant source, and that is intended:

(i) To transfer liquid from a container to a consumer’s mouth;

(ii) For a single use; and

(iii) For disposal after the single use.

(B) “Single-use plastic straw” does not include:

(i) A straw made from materials other than plastic, including but not limited to paper, pasta, sugar cane, wood or bamboo; and

(ii) A plastic straw that is attached to or packaged with a beverage container before the beverage container is offered for retail sale.

(2) Intentionally left blank —Ed.

(a) A food and beverage provider or convenience store may not provide a single-use plastic straw to a consumer unless the consumer specifically requests the single-use plastic straw.

(b) Notwithstanding the prohibition in paragraph (a) of this subsection, a consumer may request, and a food and beverage provider or a convenience store may offer to the consumer, a single-use plastic straw in an area of the food service provider’s or convenience store’s premises in which the consumer may receive a delivery of prepared food or a beverage while seated in or on a vehicle.

(c) The prohibition in paragraph (a) of this subsection does not apply to a convenience store that:

(A) Sells or offers single-use plastic straws for sale in bulk or unconnected with a sale or provision of food or a beverage; or

(B) Makes single-use plastic straws available to consumers in an unattended location, provided that the convenience store may leave the single-use plastic straws in an unattended location only if the convenience store does not have space in which to store the single-use plastic straws in a location where employees of the convenience store provide service to consumers.

(3) An enforcement officer may enforce subsection (2) of this section in the course of conducting an inspection. A food and beverage provider or a convenience store that violates subsection (2) of this section is subject to a notice for a first and second violation and, for subsequent violations, to a fine of not more than $25 for each day in which the food and beverage provider or convenience store remains in violation of subsection (2) of this section. The enforcement officer may not impose total fines of more than $300 during a calendar year for a food and beverage provider’s or a convenience store’s violation of subsection (2) of this section. [2019 c.362 §1]

Note: 616.892 (Single-use plastic straws) and 616.894 (Local plastic straw laws) 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 616.892 — Single-use plastic straws; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 622.350 — OR Code / Title 49 / Chapter 622 / Section 622.350
622.350 Prior claims, plats, transfers or debts unaffected
Status: in_force

Nothing in ORS 622.340 (Transfer by reference to filed plat) invalidates any claim or plat filed prior to June 14, 1939, or invalidates in any manner any transfers, debts or conveyances made prior to June 14, 1939, of oyster claims or lands made by reference to any filed claims or plats. [Formerly 509.500]

Source: Section 622.350 — Prior claims, plats, transfers or debts unaffected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 633.065 — OR Code / Title 49 / Chapter 633 / Section 633.065
633.065 Department to test commercial feeds
Status: in_force

(1) It shall be the duty of the State Department of Agriculture to sample, inspect, make analyses of, and test commercial feeds distributed within this state, at such times and places and to such an extent as may be necessary to determine whether or not such feeds are in compliance with the provisions of ORS 633.006 (Definitions for ORS 633.006 to 633.089) to 633.089 (Disposition of moneys received by department) . The department is authorized to enter upon any public or private premises, including any vehicle of transport, during regular business hours, in order to have access to commercial feeds and to records relating to their distribution.

(2) The methods of sampling and analysis shall be those adopted by the department. In adopting such methods, the department may take into consideration:

(a) The methods scientifically developed and described in recognized official publications such as the Journal of the Association of Official Agricultural Chemists.

(b) The methods approved by the United States, other states and other recognized agencies or organizations experienced in such matters.

(3) In determining for administrative purposes whether or not a commercial feed is deficient in any component, the department shall be guided solely by the official sample as defined in ORS 633.006 (Definitions for ORS 633.006 to 633.089) and obtained and analyzed as provided by subsection (2) of this section.

(4) When inspection and analysis of an official sample indicate that a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the department to the registrant. Upon request, within 30 days, the department shall furnish to the registrant a portion of the sample analyzed.

(5) The department may take investigational samples that may be examined otherwise than by the official method required by this section. For administrative purposes, only samples taken as directed by subsection (3) of this section may be used. [1961 c.314 §7; 1967 c.591 §4; 2001 c.104 §247; 2001 c.137 §8; 2007 c.71 §194]

Source: Section 633.065 — Department to test commercial feeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 619.350 — OR Code / Title 49 / Chapter 619 / Section 619.350
619.350 “Fryer” defined
Status: in_force

As used in ORS 619.350 (“Fryer” defined) to 619.380 (Enjoining violations) , unless the context requires otherwise, “fryer” means a chicken of any breed or variety, slaughtered under the age of six months, produced for sale for human consumption as a fryer, broiler or fryer-roaster, or the cut-up parts of such a chicken. [1959 c.385 §1; 1997 c.462 §1; 2009 c.367 §4]

Source: Section 619.350 — “Fryer” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 621.435 — OR Code / Title 49 / Chapter 621 / Section 621.435
621.435 Substitute or imitation dairy products
Status: in_force

(1) A person engaged in manufacturing, selling, offering for sale, advertising or otherwise dealing in any product used or intended for use as a substitute for or imitation of a dairy product or fluid milk shall not use a trade or corporate name or product name, description, label, package, container, advertising matter or sales literature employing the terms “milk,” “butter,” “cream,” “creamery,” “churn,” “cheese,” “cow” or “dairy” except in connection with imitation milk products.

(2) A person described in subsection (1) of this section shall not use any pictorial or other representations resembling a dairy product or fluid milk in or on the labels, packages, containers, advertising matter or literature of a substitute or imitation product described in subsection (1) of this section in a manner suggesting that the product is made of milk.

(3) This section does not forbid a true statement concerning the ingredients or composition of a product if the statement is not misleading or in any way deceptive.

(4) Subsections (1) and (2) of this section do not apply to products manufactured in this state for the purpose of shipping out of the state and not offered for sale in this state. [Amended by 1963 c.165 §7; 1999 c.197 §53]

Source: Section 621.435 — Substitute or imitation dairy products; use of words or pictures indicating product to be genuine; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 621.072 — OR Code / Title 49 / Chapter 621 / Section 621.072
621.072 Issuance of license to use grade designation
Status: in_force

(1) The State Department of Agriculture shall issue a license to use a grade designation to any person who:

(a) Makes written application for a license on forms provided by the department;

(b) Pays the designated license fee;

(c) Is engaged in the business of producing or distributing fluid milk; and

(d) Meets the requirements of the particular grade designation for which application is made.

(2) If a person carries on the activities of a producer and a producer-distributor, the person must obtain a separate license for each of those activities.

(3) Licenses issued under this section shall be personal and not transferable.

(4) Each milk hauler, milk receiver or other person who grades fluid milk as fit or unfit for processing as fluid milk due to quality, odor, flavor or wholesomeness must first obtain a license from the department authorizing that person to sample and grade fluid milk. Each applicant for a milk sampler’s and grader’s license shall, by written examination, demonstrate an adequate knowledge of milk sanitation as it relates to the sampling, grading and handling of fluid milk and cream for analysis. The department shall give examinations for licenses at such times and places as appears to be necessary and practicable.

(5) Before and after issuing a license to a person as a producer, producer-distributor, distributor or nonprocessing distributor of fluid milk, the department shall, as it deems necessary, inspect the physical facilities of the applicant’s dairy, milk processing plant or distribution center and investigate other factors the department determines may relate to the production, processing or distribution of fluid milk.

(6) Each license issued under this section expires on June 30 next following the date of its issuance unless sooner revoked and may be renewed upon application of the licensee. Each application for a license or annual renewal of a license shall be accompanied by a license fee.

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

(a) Milk samplers and graders;

(b) Producer-distributors, distributors and nonprocessing distributors; and

(c) Producers.

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

(9) The department may determine the license fee for a producer based upon the annual gross sales by the applicant. In establishing the amount of the license fee for an applicant under this subsection, the department shall use the annual gross sales by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales records on a fiscal basis, the prior fiscal year. If the applicant applying for an original license or for a renewal license cannot provide the annual gross sales for a full calendar year, the department shall base the fee on estimated annual gross sales by the applicant. If an applicant 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 applicant.

(10) Except as provided in this subsection, the department may not adopt a rule under this section to establish a license fee that is more than three percent higher than the fee charged during the preceding year for a milk sampler and grader, for a producer-distributor, distributor or nonprocessing distributor having the same volume of gross sales and services or for a producer having the same volume of gross sales. When adopting a rule establishing a license fee, notwithstanding the three percent limit, the department may round the fee amount to the next higher whole dollar amount. Fee schedules adopted under this section may not change the amount of the same license fee more frequently than once each year.

(11) A distributor or producer-distributor must obtain a license and pay license fees for each physical facility used to produce, process or distribute fluid milk. A person is not required to obtain a distributor or producer-distributor license to act as a milk hauler or to operate receiving or transfer stations in conjunction with a milk processing plant.

(12) The department may refuse to issue or renew, or may suspend or revoke, a license for any violation of this section or ORS 621.062 (Deviation from standard of identity prohibited) , 621.070 (License required to use grade designation) , 621.076 (Container labeling) , 621.084 (Weighing, sampling and testing fluid milk) , 621.088 (Sale or possession of milk or cream to which water has been added) , 621.117 (Distributor or producer-distributor may sell only milk that is pasteurized or from disease-free goats or sheep) , 621.122 (Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers) or 621.259 (Pasteurization equipment) or processes or standards established under ORS 621.060 (Establishing standards of quality and identity for fluid milk) or 621.083 (Procedures and equipment for graders) . [Formerly 621.075; 1967 c.254 §1; 1971 c.773 §8; 1982 s.s.1 c.4 §7; 1991 c.632 §4; 1997 c.249 §188; 1999 c.197 §12; 2005 c.735 §§9,10; 2012 c.64 §7; 2015 c.203 §21]

Note: The amendments to 621.072 (Issuance of license to use grade designation) by section 39, 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 22, chapter 203, Oregon Laws 2015, and section 4, chapter 386, Oregon Laws 2019, is set forth for the user’s convenience.

621.072 (Issuance of license to use grade designation) . (1) The State Department of Agriculture shall issue a license to use a grade designation to any person who:

(a) Makes written application for a license on forms provided by the department;

(b) Pays the designated license fee;

(c) Is engaged in the business of producing or distributing fluid milk; and

(d) Meets the requirements of the particular grade designation for which application is made.

(2) If a person carries on the activities of a producer and a producer-distributor, the person must obtain a separate license for each of those activities.

(3) Licenses issued under this section shall be personal and not transferable.

(4) Each milk hauler, milk receiver or other person who grades fluid milk as fit or unfit for processing as fluid milk due to quality, odor, flavor or wholesomeness must first obtain a license from the department authorizing that person to sample and grade fluid milk. Each applicant for a milk sampler’s and grader’s license shall, by written examination, demonstrate an adequate knowledge of milk sanitation as it relates to the sampling, grading and handling of fluid milk and cream for analysis. The department shall give examinations for licenses at such times and places as appears to be necessary and practicable.

(5) Before and after issuing a license to a person as a producer, producer-distributor, distributor or nonprocessing distributor of fluid milk, the department shall, as it deems necessary, inspect the physical facilities of the applicant’s dairy, milk processing plant or distribution center and investigate other factors the department determines may relate to the production, processing or distribution of fluid milk.

(6) Each license issued under this section expires on June 30 next following the date of its issuance unless sooner revoked and may be renewed upon application of the licensee. Each application for a license or annual renewal of a license shall be accompanied by a license fee.

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

(a) Milk samplers and graders;

(b) Producer-distributors, distributors and nonprocessing distributors; and

(c) Producers.

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

(9) The department may determine the license fee for a producer based upon the annual gross sales by the applicant. In establishing the amount of the license fee for an applicant under this subsection, the department shall use the annual gross sales by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales records on a fiscal basis, the prior fiscal year. If the applicant applying for an original license or for a renewal license cannot provide the annual gross sales for a full calendar year, the department shall base the fee on estimated annual gross sales by the applicant. If an applicant 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 applicant.

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

(11) A distributor or producer-distributor must obtain a license and pay license fees for each physical facility used to produce, process or distribute fluid milk. A person is not required to obtain a distributor or producer-distributor license to act as a milk hauler or to operate receiving or transfer stations in conjunction with a milk processing plant.

(12) The department may refuse to issue or renew, or may suspend or revoke, a license for any violation of this section or ORS 621.062 (Deviation from standard of identity prohibited) , 621.070 (License required to use grade designation) , 621.076 (Container labeling) , 621.084 (Weighing, sampling and testing fluid milk) , 621.088 (Sale or possession of milk or cream to which water has been added) , 621.117 (Distributor or producer-distributor may sell only milk that is pasteurized or from disease-free goats or sheep) , 621.122 (Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers) or 621.259 (Pasteurization equipment) or processes or standards established under ORS 621.060 (Establishing standards of quality and identity for fluid milk) or 621.083 (Procedures and equipment for graders) .

Source: Section 621.072 — Issuance of license to use grade designation; grading by milk hauler; facility inspections; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 632.905 — OR Code / Title 49 / Chapter 632 / Section 632.905
632.905 Grades and standards for horticultural and agricultural products and containers
Status: in_force

In order to promote, protect, further and develop the agricultural industry of this state the State Department of Agriculture may adopt by rule official standards for grading and classifying any or all horticultural and agricultural products and official standards for containers of such products and may change any of such grades and standards from time to time. The grades and standards adopted by the department shall be in conformance to any and all laws of this state providing special grades or standards for any of such products or containers. With respect to canned goods, the department is empowered to adopt only definitions and standards of identity, quality and fill of containers. Unless modified, altered or revoked, grades and standards in force on February 2, 1939, shall continue to be official as though adopted 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) . [Formerly 616.410; 1979 c.91 §3]

Source: Section 632.905 — Grades and standards for horticultural and agricultural products and containers; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 625.090 — OR Code / Title 49 / Chapter 625 / Section 625.090
625.090 Application for distributor’s license
Status: in_force

Application for a bakery distributor’s license shall be filed in writing with the State Department of Agriculture on the form prescribed and supplied by the department. After receipt of the application and the fees required by rules adopted under ORS 625.180 (License fees) , the department shall cause to be made a proper detailed inspection of the premises and equipment to be used by the applicant in distribution within this state of bakery products. If the department finds that the premises and equipment are or will be of a sanitary construction, design or condition and that the applicant has complied with and will be able to comply with ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) , the application shall be approved and there shall be issued to the applicant a numbered license certificate bearing the name and address of the licensee. [Amended by 2012 c.64 §31]

Source: Section 625.090 — Application for distributor’s license; inspection of premises and equipment; issuance of certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 634.700 — OR Code / Title 49 / Chapter 634 / Section 634.700
634.700 Definitions for ORS 634.700 to 634.750
Status: in_force

As used in ORS 634.700 (Definitions for ORS 634.700 to 634.750) to 634.750 (Pesticide application records) :

(1) “Campus” means the buildings, other structures, playgrounds, athletic fields and parking lots of a school and any other areas on the school property that are accessed by students on a regular basis.

(2) “Governing body” means a board of directors, agency or other body or person having policymaking and general oversight responsibility for a community college district, education service district, school district, other unit of education governance, private school or other educational entity.

(3) “Integrated pest management plan” means a proactive strategy that:

(a) Focuses on the long-term prevention or suppression of pest problems through economically sound measures that:

(A) Protect the health and safety of students, staff and faculty;

(B) Protect the integrity of campus buildings and grounds;

(C) Maintain a productive learning environment; and

(D) Protect local ecosystem health;

(b) Focuses on the prevention of pest problems by working to reduce or eliminate conditions of property construction, operation and maintenance that promote or allow for the establishment, feeding, breeding and proliferation of pest populations or other conditions that are conducive to pests or that create harborage for pests;

(c) Incorporates the use of sanitation, structural remediation or habitat manipulation or of mechanical, biological and chemical pest control measures that present a reduced risk or have a low impact and, for the purpose of mitigating a declared pest emergency, the application of pesticides that are not low-impact pesticides;

(d) Includes regular monitoring and inspections to detect pests, pest damage and unsanctioned pesticide usage;

(e) Evaluates the need for pest control by identifying acceptable pest population density levels;

(f) Monitors and evaluates the effectiveness of pest control measures;

(g) Excludes the application of pesticides on a routine schedule for purely preventive purposes, other than applications of pesticides designed to attract or be consumed by pests;

(h) Excludes the application of pesticides for purely aesthetic purposes;

(i) Includes school staff education about sanitation, monitoring and inspection and about pest control measures;

(j) Gives preference to the use of nonchemical pest control measures;

(k) Allows the use of low-impact pesticides if nonchemical pest control measures are ineffective; and

(L) Allows the application of a pesticide that is not a low-impact pesticide only to mitigate a declared pest emergency or if the application is by, or at the direction or order of, a public health official.

(4) “Low-impact pesticide” means a product that does not contain a pesticide product or active ingredient described in ORS 634.705 (Adoption of integrated pest management plan and related provisions) (5).

(5) “Pest” means:

(a) An insect or other arthropod;

(b) A weed, moss, slime or mildew or a plant disease caused by a fungus, bacterium or virus;

(c) A nematode, snail, slug, rodent or predatory animal;

(d) A bacterium, spore, virus, fungus or other microorganism that is harmful to human health; or

(e) Other forms of plant or animal life that may infest or be detrimental to vegetation, humans, animals, structures, managed landscapes or other human environments.

(6) “Pest emergency” means an urgent need to eliminate or mitigate a pest situation that threatens:

(a) The health or safety of students, staff, faculty members or members of the public using the campus; or

(b) The structural integrity of campus facilities.

(7) “Registration number” means the pesticide registration number assigned by the United States Environmental Protection Agency.

(8) “School” means:

(a) A federal Head Start program or a provider under the Oregon Prenatal to Kindergarten Program;

(b) A public or private educational institution offering education in all or part of kindergarten through grade 12;

(c) An education service district as defined in ORS 334.003 (Definitions for chapter) ;

(d) A community college as defined in ORS 341.005 (Definitions) , for the community college’s own buildings and ground maintenance;

(e) The Oregon School for the Deaf; and

(f) A regional residential academy operated by the Oregon Youth Authority. [2009 c.501 §2; 2011 c.9 §82; 2013 c.241 §3; 2023 c.547 §28]

Source: Section 634.700 — Definitions for ORS 634.700 to 634.750 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 632.625 — OR Code / Title 49 / Chapter 632 / Section 632.625
632.625 Violation of walnut and filbert law prohibited
Status: in_force

No person shall sell or offer for sale or shipment any unshelled walnuts or unshelled filberts in violation of any of the provisions of ORS 632.516 (Establishment of grades and standards) to 632.625 (Violation of walnut and filbert law prohibited) , or the rules or regulations established under such sections.

Source: Section 632.625 — Violation of walnut and filbert law prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 634.550 — OR Code / Title 49 / Chapter 634 / Section 634.550
634.550 Center governing board
Status: in_force

(1) There is created a Pesticide Analytical and Response Center with a governing board consisting of the following members:

(a) The Director of Agriculture or designee.

(b) The State Forester or designee.

(c) The State Fish and Wildlife Director or designee.

(d) The Director of the Department of Environmental Quality or designee.

(e) The Director of the Oregon Health Authority or designee.

(f) The Administrator of the Occupational Safety and Health Division or designee.

(g) The State Fire Marshal or designee.

(h) The Director of the Poison Control and Drug Information Program of the Oregon Health and Science University or designee.

(i) One citizen from the state at large appointed jointly by the Director of Agriculture and the Director of the Oregon Health Authority.

(2) The Director of Agriculture shall appoint an administrator for the Pesticide Analytical and Response Center, who shall be responsible to the board for performance of the duties of the center and the board.

(3) The Director of Agriculture or designee and the Director of the Oregon Health Authority or designee shall alternate as chairperson of the board for terms of one year each. When one is serving as chairperson, the other shall serve as vice chairperson.

(4) The board shall seek expert consultation from the extension service toxicology program, the Oregon Institute of Occupational Health Sciences and such other sources as may be needed.

(5) The functions of the board are to:

(a) Direct the activities and priorities of the administrator of the center.

(b) Centralize receiving of information relating to actual or alleged health and environmental incidents involving pesticides.

(c) Mobilize expertise necessary for timely and accurate investigation of pesticide incidents and analyses of associated samples.

(d) Identify trends and patterns of problems related to pesticide use.

(e) Make recommendations for action to a state agency when a majority of the board considers that such action may be warranted on the basis of the findings of an incident investigation or on the basis of identification of a trend or pattern of problems. Recommended actions may include, but not be limited to, regulatory action, modification of administrative rules, proposal of new legislation, public education and consultation to industry.

(f) Develop standard operating procedures for implementation by the public entities represented on the board to coordinate the receipt of, and response to, pesticide-related complaints indicating possible health or environmental effects.

(g) Report biennially to the Legislative Assembly, or to an interim committee dealing with natural resource issues, regarding activities during the reporting period by the board and by public entities represented on the board regarding the development, implementation, amendment or operation of standard operating procedures described in paragraph (f) of this subsection.

(h) Report in a standardized format the results of the investigations of pesticide incidents.

(i) Establish by consensus, procedures for carrying out its responsibilities within the limits of available resources.

(j) Prepare and submit to each odd-numbered year regular session of the Legislative Assembly a report of the activities of the center that includes a record of recommendations made by the board and the actions resulting from the board’s work.

(6) Upon receipt of a recommendation from the board, a state agency shall respond in a timely manner to inform the board of actions taken or the reasons for taking no action on the recommendation.

(7) Any medical information received by a member of the board or by a staff member of the center in the course of carrying out the duties of the center or the board shall be held confidential as provided in ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) and 433.008 (Confidentiality of disclosure) .

(8) The functions of the board do not supersede the regulatory authority of any agency and are not in lieu of the regulatory authority of any agency. [1991 c.729 §2; 2001 c.2 §1; 2003 c.86 §14; 2009 c.595 §1040; 2011 c.545 §64; 2013 c.111 §3; 2015 c.833 §14]

Source: Section 634.550 — Center governing board; duties and powers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 633.315 — OR Code / Title 49 / Chapter 633 / Section 633.315
633.315 Applicability of ORS 633.311 to 633.479 and 633.994
Status: in_force

ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) and 633.994 (Civil penalties for fertilizer law violations) apply only to the extent that they are consistent with ORS chapter 634. The provisions of ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) and 633.994 (Civil penalties for fertilizer law violations) do not supersede the provisions of ORS chapter 634. [2001 c.914 §3]

Source: Section 633.315 — Applicability of ORS 633.311 to 633.479 and 633.994 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 618.076 — OR Code / Title 49 / Chapter 618 / Section 618.076
618.076 Approving use of weights and measures
Status: in_force

(1) The State Department of Agriculture shall approve for use such weights and measures as it finds upon inspection and test to be correct, as provided in ORS 618.051 (Specifications and tolerances of commercial weights and measures) , and shall reject such weights and measures as it finds upon inspection or test to be incorrect, as provided in ORS 618.051 (Specifications and tolerances of commercial weights and measures) , but which in its best judgment are susceptible of satisfactory repair.

(2) In carrying out this section and pursuant to ORS 618.031 (Rulemaking authority) , the department may use such terms as “rejected,” “illegal,” “incorrect,” “condemned,” “correct,” “tested,” “approved,” “certified” or terms of similar import on marks or tags or certificates necessary to convey to all interested parties the condition or status of the device or apparatus so marked or tagged.

(3) In accordance with ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.630 (Removing or defacing seizure or embargo notice unlawful) , the department may condemn, seize and destroy incorrect weights and measures that are not susceptible of satisfactory repair. Similarly, weights and measures that have been rejected may also be seized, confiscated and destroyed by the department if such are not corrected as required by ORS 618.081 (Owners of weights and measures required to correct deficiencies) , or if such weights and measures are used or disposed of contrary to the requirements of ORS 618.081 (Owners of weights and measures required to correct deficiencies) . [1973 c.293 §12]

Source: Section 618.076 — Approving use of weights and measures; use of certain terms describing condition of equipment; seizure and destruction of nonconforming equipment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 634.306 — OR Code / Title 49 / Chapter 634 / Section 634.306
634.306 General duties and powers of department
Status: in_force

In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may adopt rules to carry out the purposes and intent of this chapter, including but not limited to rules that:

(1) Establish and maintain a program required for an individual to work or engage in the application or other use of pesticides as a pesticide trainee or noncommercial pesticide trainee. In this regard, the department may take into consideration:

(a) Requirements for submission of applications by pesticide trainees or noncommercial pesticide trainees.

(b) Minimum and maximum periods of work or experience required for pesticide trainees or noncommercial pesticide trainees.

(c) Work performance records or reports to be maintained by pesticide trainees, noncommercial pesticide trainees or their employers.

(d) Acceptance of educational qualifications, applicable work or experience in similar or other fields in lieu of, or as a part of, periods of employment or work by pesticide trainees or noncommercial pesticide trainees.

(e) Forms and types of pesticide trainee certificates or noncommercial pesticide trainee certificates to be issued by the department, authorizing trainees to apply pesticides in all or part of the classes of operations or businesses set forth in subsection (2) of this section.

(f) Laws and requirements relating to other professional, trade or industry trainee or apprenticeship programs in this or other states.

(g) Special requirements if the pesticide trainee or noncommercial pesticide trainee is to assist a pesticide applicator or noncommercial pesticide applicator in the spraying or other application of pesticides by aircraft, and the advisability of allowing participation in federal flight training programs to be substituted, all or in part, for training requirements under this chapter.

(2) Establish and maintain classifications of the various pesticides and of the various pest control or pesticide application businesses in order to facilitate the licensing or certification and regulation of pesticide consultants, operators, applicators, noncommercial applicators, private applicators and trainees. In this regard the department may take into consideration:

(a) Various types, formulations and characteristics of pesticides used and their purposes.

(b) Various methods of application of the pesticides.

(c) Precautions required for safe and effective application of the pesticides.

(3) Designate pesticides authorized to be used or applied, or prohibited from use or application, by persons in order to qualify for an exemption under ORS 634.106 (Applicability of ORS 634.112 to 634.126 and 634.146) .

(4) Establish and maintain classifications of pesticides and devices that are deemed to be highly toxic or restricted-use pesticides or devices. In this regard, the department shall take into consideration:

(a) Laws and regulations of the federal government, including the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq., as amended, and the Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973.

(b) Laws and regulations of other states.

(c) Advice and counsel of experts in pesticides from industry, universities and colleges and other governmental agencies or bodies.

(5) Establish and maintain types of pesticide consultant, applicator or noncommercial applicator examinations and reexaminations, schedules for required reexaminations and other measures deemed necessary for fair and reasonable testing of applicants as provided in ORS 634.122 (Applicator license) (5) and 634.124 (Noncommercial pesticide applicator license) (5).

(6) Designate the conditions under which pesticide operators that are or that employ pesticide applicators to spray or otherwise apply pesticides by aircraft may reduce, suspend or terminate the liability insurance required by ORS 634.116 (Pesticide operator license) , and the periods of time for a reduction, suspension or termination. In this regard, the department may take into consideration:

(a) Changes in climate or seasons.

(b) Periods when certain crops are or have been harvested.

(c) Restricted or limited use of various types or classes of pesticides.

(d) Possibilities of injury or death to humans and loss or damage to real or personal property.

(7) Establish the conditions and amounts allowed for deductible classes in the liability insurance required by ORS 634.116 (Pesticide operator license) .

(8) Establish and maintain programs of instruction or educational courses for pesticide consultants, operators, applicators, noncommercial applicators and private applicators in cooperation with Oregon State University or others, wherein, as far as is practicable, provisions are made so as to allow the pesticide operators and applicators to participate only in the instruction or courses directly or indirectly related to their particular activities. Attendance of licensees may be required.

(9) Prepare and distribute a manual, or other form of publication, containing information helpful and beneficial to individuals engaged in pesticide application or use or to persons preparing to qualify for licensing as a pesticide operator, consultant, applicator or noncommercial applicator and establish charges therefor.

(10) Establish, from time to time, advisory groups or committees to assist the department in formulation of policies, plans or regulations under this chapter. Each member of any such group or committee so established shall be entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) , to be charged to the department.

(11) Establish registration fees for pesticide brands and formulae or formulations under those pesticide brands.

(12) Establish restrictions or prohibitions as to the form of pesticides allowed to be mixed, applied or added to fertilizers, seed or grains.

(13) Establish restrictions, methods and procedures in the storage, transportation, use or application of restricted-use pesticides or highly toxic pesticides in order to protect humans, pollinating insects, bees, animals, crops, wildlife, land or environment.

(14) Establish and maintain a system for certification of private applicators. In this regard, the department shall take into consideration:

(a) Laws and regulations of the federal government, including the provisions of the Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973, and the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq., as amended thereby, and regulations thereunder.

(b) Minimum periods of experience required and types of experience, education or work acceptable.

(c) Forms and types of private applicator certificates to be issued by the department, authorizing private applicators to apply pesticides in all or part of the classifications of pesticides set forth in subsection (4) of this section. [1973 c.341 §32; 1999 c.1059 §§13,17; 2015 c.833 §§7,8; 2017 c.17 §§46,47; 2019 c.13 §§56,57; 2021 c.177 §2; 2022 c.53 §8]

Source: Section 634.306 — General duties and powers of department; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 632.975 — OR Code / Title 49 / Chapter 632 / Section 632.975
632.975 Use of containers not conforming to standard
Status: in_force

Whenever any standard for a container for any horticultural or agricultural product becomes effective under ORS 632.900 (“Horticultural and agricultural products” defined) to 632.940 (Inspection and classification of horticultural and agricultural products by department) and 632.955 (Investigation of complaint of purchaser’s misrepresentation of product) to 632.980 (Improper grading and incorrect certificates prohibited) , no person thereafter shall pack or place for sale, offer for sale, consign for sale or sell and deliver, in a container, any such horticultural or agricultural product to which the standard is applicable, unless the container conforms to the standard, subject to such variations therefrom as may be allowed by law or by rules and regulations made pursuant to law, unless such product is brought from outside the state and offered for sale, consigned for sale, or sold in the original package which is a standard package in the state of origin. This section does not apply to horticultural or agricultural products packed for and sold as gift packages, and shipped in containers, the specifications of which, or a sample of which, have been submitted to and approved by the State Department of Agriculture. [Formerly 616.470]

Source: Section 632.975 — Use of containers not conforming to standard , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 621.300 — OR Code / Title 49 / Chapter 621 / Section 621.300
621.300 Use of Ring Test or Whey Test for brucellosis
Status: in_force

The State Department of Agriculture may approve the use of the Ring Test or the Whey Test as alternatives to blood testing of milk producing animals for brucellosis. [Formerly 621.020]

Source: Section 621.300 — Use of Ring Test or Whey Test for brucellosis , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 616.700 — OR Code / Title 49 / Chapter 616 / Section 616.700
616.700 Department to enforce sanitation requirements for food and food establishments
Status: in_force

The State Department of Agriculture shall enforce the provisions of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) and adopt rules necessary therefor in accordance with the applicable provisions of ORS chapter 183, to insure and verify that:

(1) Food establishments are constructed and maintained in a clean, healthful and sanitary condition. This shall include floors, walls, ceilings, doors, windows, lighting and ventilation, toilet and lavatory facilities, water supply, separation or partitioning of rooms, health and cleanliness of personnel, cleanliness and sanitation of surrounding premises, disposal of all waste and sewage material, insect and rodent control, construction and sanitation of equipment and utensils, and prohibition of pets therein. However, ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) shall not be applied to prevent licensing and operation of a food establishment solely because such establishment is in an area which is part of and not separate from a domestic kitchen if the establishment is upon investigation by the department found to be constructed and maintained in a clean, healthful and sanitary condition.

(2) Food establishments maintain time and temperature controls, indicating and recording thermometers and indicating pressure gauges for pressure cookers and retorts, minimum temperature and time period standards for cooking foods, and other facilities necessary to carry out the intent and purpose of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) .

(3) Food dispensed, transported, sold, held for sale, stored, salvaged or displayed, is not filthy, decomposed, putrid, unsafe, contaminated, deleterious to health, unfit, unwholesome, unclean, insanitary or diseased. [1965 c.501 §2; 1971 c.131 §1; 1975 c.389 §2; 1983 c.740 §233]

Source: Section 616.700 — Department to enforce sanitation requirements for food and food establishments; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 634.048 — OR Code / Title 49 / Chapter 634 / Section 634.048
634.048 Website information regarding pesticides
Status: in_force

The State Department of Agriculture shall post information regarding pesticides on a department website that is available for access by the public without charge. The department shall indicate on the website those pesticides and devices that the department has listed under ORS 634.316 (List of highly toxic and restricted-use pesticides) as highly toxic or restricted-use pesticides or devices. [2015 c.833 §17]

Source: Section 634.048 — Website information regarding pesticides , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 632.756 — OR Code / Title 49 / Chapter 632 / Section 632.756
632.756 Maintenance of facilities and equipment
Status: in_force

The plant facilities and equipment utilized in processing eggs or egg products shall be constructed, maintained and utilized in accordance with the rules promulgated under the federal Act or promulgated by the State Department of Agriculture. [1975 c.748 §9 (enacted in lieu of 632.755)]

Source: Section 632.756 — Maintenance of facilities and equipment; standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 632.815 — OR Code / Title 49 / Chapter 632 / Section 632.815
632.815 Disposition of fees
Status: in_force

All fees collected by the State Department of Agriculture under ORS 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) shall be paid to the State Treasurer by the department who shall deposit them in the Department of Agriculture Service Fund. Such funds are continuously appropriated to the department for the purposes of the administration and enforcement of such sections. [Formerly 632.110; 1975 c.748 §18; 1979 c.499 §28]

Source: Section 632.815 — Disposition of fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 633.655 — OR Code / Title 49 / Chapter 633 / Section 633.655
633.655 When penalties not applicable
Status: in_force

A person is not subject to the penalties of ORS 633.992 (Criminal penalties) for having sold, offered for sale, exposed for sale or transported in this state any agricultural, flower or vegetable seed, that:

(1) Is incorrectly labeled or represented as to kind and variety or origin, if the seeds cannot be identified except by a field test, when such person:

(a) Obtains an invoice or grower’s declaration stating the kind, or kind and variety, and origin, if required;

(b) Takes such invoice or grower’s declaration in good faith; and

(c) Takes such other precautions as are reasonable to ensure the identity of the seeds to be as stated.

(2) Does not conform to the label on the container, but is within the tolerances authorized by the director under ORS 633.680 (Establishment of standards of germination) (1). [1955 c.379 §21; 1971 c.489 §4; 2007 c.281 §11]

Source: Section 633.655 — When penalties not applicable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 624.051 — OR Code / Title 49 / Chapter 624 / Section 624.051
624.051 Single toilet fixture allowed in small restaurant
Status: in_force

The Oregon Health Authority shall allow restaurants with an occupancy capacity of no more than 15 persons, including employees and patrons, to have only one toilet fixture and adjacent lavatory on the premises. This single toilet fixture shall comply with all authority standards for construction, maintenance, cleanliness, accessibility and others, not in conflict with the state building code, that the authority might provide. [Formerly 624.023; 2009 c.595 §1004]

Source: Section 624.051 — Single toilet fixture allowed in small restaurant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 616.010 — OR Code / Title 49 / Chapter 616 / Section 616.010
616.010 State Department of Agriculture and Oregon Health Authority to administer and enforce food laws
Status: in_force

The duty of administration and enforcement of all regulatory legislation applying to:

(1) The production, processing and distribution of all food products or commodities of agricultural origin shall, in addition to such further legislation as shall specifically name the State Department of Agriculture as the administering agency, be performed by the department to the exclusion of any other department not so specifically named, except as provided in ORS 475C.493 (Regulation of marijuana items as food or other commodity subject to regulation by State Department of Agriculture) .

(2) The sanitation of establishments where food or drink is consumed on the premises where sold, or to sanitary practices used in such establishments, shall be performed by the Oregon Health Authority. [Amended by 1983 c.740 §230; 2009 c.595 §991; 2015 c.614 §115]

Source: Section 616.010 — State Department of Agriculture and Oregon Health Authority to administer and enforce food laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 634.242 — OR Code / Title 49 / Chapter 634 / Section 634.242
634.242 Taxing power of area committee
Status: in_force

(1) The area committee of a protected area may levy and cause to be collected an ad valorem tax for the purpose of paying the obligations of the protected area incurred in the administration of its responsibilities under this chapter.

(2) The levy in any one year shall not exceed one-fortieth of one percent (0.00025) of the real market value of all taxable property within the protected area, computed in accordance with ORS 308.207 (Computation of real market value for taxing or bonding limitations) . The taxes shall be levied and collected at the time and in the manner provided for the levy and collection of state and county taxes, and shall be paid by the county officers collecting the same to the treasurer of the protected area. [1973 c.341 §30; 1991 c.459 §438]

Source: Section 634.242 — Taxing power of area committee; limitation on amount of levy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 624.330 — OR Code / Title 49 / Chapter 624 / Section 624.330
624.330 Exemption of certain commissaries, mobile units and vending machines from licensing requirements
Status: in_force

(1) Vending machines dispensing only ball chewing gum, nutmeats and the following prepackaged foods: Candy, chewing gum, nutmeats, potato chips, pretzels, popcorn, cookies, crackers and bottled or canned soft drink beverages shall be exempt from the provisions of ORS 624.320 (License requirement for commissary, warehouse, mobile unit or vending machine) and 624.430 (Fee payment) .

(2) The Oregon Health Authority may, by rule, exempt certain other types of vending machines from the license requirements of ORS 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) when it appears that there is no danger to the life and health of the people of this state.

(3) The provisions of ORS 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) do not include commissaries, mobile units or vending machines which are presently licensed and inspected by the State Department of Agriculture or United States Public Health Service. [1963 c.575 §§7,15; 1973 c.825 §15; 2009 c.595 §1020]

Source: Section 624.330 — Exemption of certain commissaries, mobile units and vending machines from licensing requirements; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 625.160 — OR Code / Title 49 / Chapter 625 / Section 625.160
625.160 Powers of department
Status: in_force

(1) The State Department of Agriculture has the powers necessary to enable it to carry out the provisions of ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) . The department may adopt rules necessary to carry out the provisions of ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) , and may amend or repeal the rules.

(2) Such rules shall include, but not be limited to, the following:

(a) The location of advertising, lettering, wording or figures that appear on a bakery product container and the minimum contents thereof.

(b) The size, form and method of printing to be used in labeling.

(c) Standards of identity, standards of weight and standards of quality for bakery products which shall be compatible with the federal standards of identity and quality for bakery products. [Amended by 1969 c.192 §2; 1975 c.265 §1; 1987 c.472 §2]

Source: Section 625.160 — Powers of department; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 633.311 — OR Code / Title 49 / Chapter 633 / Section 633.311
633.311 Definitions for ORS 633.311 to 633.479
Status: in_force

As used in ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) :

(1) “Agricultural amendment”:

(a) Means a mixed or unmixed synthetic chemical substance, a chemically or physically modified natural substance, a naturally occurring substance or a manufacturing by-product, or a combination of those substances or by-products, intended to induce crop yields or plant growth or to produce any physical, microbial or chemical change in the soil.

(b) Does not mean any of the following:

(A) Fertilizer products.

(B) Agricultural mineral products.

(C) Lime products.

(D) Biosolids-derived products, compost and animal or vegetable manures that are not packaged and do not contain a grade statement or guaranteed analysis.

(E) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B.

(F) Reclaimed water or treated effluent regulated under ORS 468B.010 (Authority of commission over water pollution) and 468B.015 (Policy) or rules adopted under ORS 468.020 (Rules and standards) .

(2) “Agricultural mineral”:

(a) Means a mineral substance, mixture of mineral substances or mixture of mineral and organic substances containing less than five percent of total nitrogen (N), available phosphate (P2O5) or soluble potash (K2O), singly, collectively or in combination, designed for use principally as a source of plant food, in inducing increased crop yields or plant growth or producing any physical, microbial or chemical change in the soil.

(b) Does not mean any of the following:

(A) Fertilizer products.

(B) Agricultural amendment products.

(C) Lime products.

(D) Biosolids-derived products, compost and animal or vegetable manures that are not packaged and do not contain a grade statement or guaranteed analysis.

(E) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B.

(F) Reclaimed water or treated effluent regulated under ORS 468B.010 (Authority of commission over water pollution) and 468B.015 (Policy) or rules adopted under ORS 468.020 (Rules and standards) .

(G) Unpackaged animal manures from facilities required to have a permit issued under ORS 468B.050 (Water quality permit) and subject to State Department of Agriculture rules governing confined animal feeding operations.

(3) “Available phosphate” means the sum of the water soluble and citrate soluble phosphate.

(4) “Bulk” means a fertilizer, agricultural amendment, agricultural mineral or lime product, or a custom mix, that is distributed in unpackaged form, such as rail cars, closed or open tanks, closed or open trailers, spreader trucks or other types of containers, vehicles or conveyances as determined by the department by rule.

(5) “Compost” means a substance derived primarily or entirely from the decomposition of vegetative or animal organic material that is distributed for the purpose of promoting or stimulating plant growth and to which no fertilizer, agricultural amendment, agricultural mineral or lime product is added other than to promote decomposition.

(6) “Custom medium” means a custom mix that consists of a horticultural growing medium prepared to the exact specifications of a horticultural grower that plants into the medium and delivers the resulting product to the end user without further distribution.

(7) “Custom mix” means a mixture of fertilizer, agricultural amendment, agricultural mineral or lime product, each lot or batch of which is mixed according to the specific instructions of or is prescribed for the special use of the final purchaser.

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

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

(10) “Distribute” means to import, consign, sell, offer for sale, barter, exchange or otherwise facilitate the supplying of fertilizer, agricultural amendment, agricultural mineral or lime products.

(11) “Distributor” means a person who distributes fertilizer, agricultural amendment, agricultural mineral or lime products.

(12) “Fertilizer”:

(a) Means any substance, or any combination or mixture of substances, that is designed for use primarily as a source of plant food, in inducing increased crop yields or plant growth, or producing any physical, microbial or chemical change in the soil, and that contains five percent or more of total nitrogen (N), available phosphate (P2O5) or soluble potash (K2O), singly, collectively or in combination.

(b) Does not mean any of the following:

(A) Agricultural amendment products.

(B) Agricultural mineral products.

(C) Lime products.

(D) Biosolids-derived products, compost and animal or vegetable manures that are not packaged and do not contain a grade statement or guaranteed analysis.

(E) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B.

(F) Reclaimed water or treated effluent regulated under ORS 468B.010 (Authority of commission over water pollution) and 468B.015 (Policy) or rules adopted under ORS 468.020 (Rules and standards) .

(13) “Grade” means the minimum percentage claimed for total nitrogen (N), available phosphate (P2O5) or soluble potash (K2O) stated in the same terms, order and percentages as the guaranteed analysis.

(14) “Guaranteed analysis” means the minimum percentage of the following claimed to be present in a product:

(a) Primary nutrients;

(b) Secondary nutrients;

(c) Micronutrients;

(d) Neutralizing capacity; or

(e) Substances claimed to induce crop yields or plant growth or to produce any physical, microbial or chemical change in the soil.

(15) “Horticultural growing medium” means any substance or mix of substances that is promoted or intended to function as artificial soil for the managed growth of horticultural crops.

(16) “Label” means all written, printed or graphic matter on the immediate container or on a separate document accompanying any fertilizer, agricultural amendment, agricultural mineral or lime product.

(17) “Labeling” means a printed or verbal representation used to promote the distribution of any fertilizer, agricultural amendment, agricultural mineral or lime product, including but not limited to a representation by means of:

(a) Brochures;

(b) Posters;

(c) Internet;

(d) Television; and

(e) Radio.

(18) “Lime” means any substance or mixture of substances having calcium or magnesium compounds capable of neutralizing soil acidity.

(19) “Lime score” means a numerical expression of the quality of lime, as determined by the department by rule.

(20) “Manufacture” means to compound, produce, granulate, mix, blend, repackage or otherwise alter the composition of fertilizer, agricultural amendment, agricultural mineral or lime product.

(21) “Micronutrient” means boron (B), chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na) or zinc (Zn).

(22) “Official sample” means any representative sample of product taken by the department or a representative of the department and designated as official.

(23) “Package” means any closed container, regardless of size, other than the receptacle of a bulk product.

(24) “Percent” or “percentage” means percentage by weight.

(25) “Phosphate” means the amount of pentavalent phosphorus present in the material calculated as phosphorus pentoxide (P2O5) and expressed as available phosphate.

(26) “Primary nutrient” means total nitrogen (N), available phosphate (P2O5) or soluble potash (K2O).

(27) “Product” means a readily distinguishable, individually labeled substance.

(28) “Registrant” means the person who registers a fertilizer, agricultural amendment, agricultural mineral or lime product under ORS 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products) .

(29) “Secondary nutrient” means calcium (Ca), magnesium (Mg) or sulfur (S).

(30) “Soluble potash” means the portion of potash that is soluble in aqueous ammonium oxalate, aqueous ammonium citrate or water.

(31) “Ton” means 2,000 pounds avoirdupois.

(32) “Waste-derived product”:

(a) Means any of the following:

(A) Fertilizer, agricultural amendment, agricultural mineral or lime product derived in whole or in part from hazardous waste as defined in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) or in rules adopted under ORS 466.015 (Powers and duties of department) and 466.020 (Rules and orders) .

(B) Solid waste as defined in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) or in rules adopted under ORS 459.045 (Rules) .

(C) Industrial waste as defined in ORS 468B.005 (Definitions for water pollution control laws) or in rules adopted under ORS 468B.035 (Implementation of Federal Water Pollution Control Act) .

(b) Does not mean:

(A) Biosolids, biosolids-derived products, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B; or

(B) Reclaimed water or treated effluent regulated under ORS 468B.010 (Authority of commission over water pollution) and 468B.015 (Policy) or rules adopted under ORS 468.020 (Rules and standards) . [2001 c.914 §2; 2009 c.97 §1; 2015 c.514 §4]

Source: Section 633.311 — Definitions for ORS 633.311 to 633.479 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 616.065 — OR Code / Title 49 / Chapter 616 / Section 616.065
616.065 Certificate of analysis or test as evidence
Status: in_force

The certificate of analysis or test of any chemist, or other authorized officer, employee or deputy of the State Department of Agriculture, signed and certified to by that person, is prima facie evidence in all courts of justice of the matters and facts certified to therein.

Source: Section 616.065 — Certificate of analysis or test as evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 616.780 — OR Code / Title 49 / Chapter 616 / Section 616.780
616.780 Standards of identity or quality for flours, macaroni and noodle products
Status: in_force

The State Department of Agriculture shall adopt and promulgate standards of identity or standards of quality for flours, macaroni products and noodle products pursuant to the provisions of ORS 616.230 (Definitions and standards) for those flours, macaroni products and noodle products for which definitions and standards have been promulgated by authority of the United States. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated by authority of the United States and may not be inconsistent with definitions and standards promulgated by such authority. The department shall periodically amend its definitions and standards so as to keep in harmony as far as practicable with the definitions and standards promulgated by authority of the United States. The other applicable provisions of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) shall apply to such flours, macaroni products and noodle products and to any standards of identity or quality promulgated hereunder. [1971 c.176 §4; 2001 c.320 §8]

Source: Section 616.780 — Standards of identity or quality for flours, macaroni and noodle products , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 618.216 — OR Code / Title 49 / Chapter 618 / Section 618.216
618.216 Cost per unit labeling requirements
Status: in_force

In addition to the declarations required by ORS 618.211 (Labeling of packaged commodities) , any commodity in package form which is one of a lot containing random weights, measures or counts of the same commodity and which states the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the corresponding price per unit of weight, measure or count in terms consistent with ORS 618.206 (Manner of selling commodities) . [1973 c.293 §23]

Source: Section 618.216 — Cost per unit labeling requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 621.083 — OR Code / Title 49 / Chapter 621 / Section 621.083
621.083 Procedures and equipment for graders
Status: in_force

The State Department of Agriculture may establish standards of procedure and acceptable types of equipment for use by graders in taking and safeguarding samples of milk for analysis. [1959 c.145 §7; 1979 c.320 §11; 1999 c.197 §14]

WEIGHING, SAMPLING AND TESTING

Source: Section 621.083 — Procedures and equipment for graders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 625.190 — OR Code / Title 49 / Chapter 625 / Section 625.190
625.190 Disposition of fees
Status: in_force

All fees received by the State Department of Agriculture under ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) shall be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department for the purpose of carrying out ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) . [Amended by 1979 c.499 §25]

BREAD, ROLLS AND BUNS

Source: Section 625.190 — Disposition of fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 619.061 — OR Code / Title 49 / Chapter 619 / Section 619.061
619.061 Tagging and identification of meat products by person operating retail sales and custom slaughter or processing establishments
Status: in_force

Any person operating a retail meat seller establishment, as defined in ORS chapter 603, in conjunction with a custom slaughtering establishment or custom processing establishment shall mark, tag or identify all individually wrapped packages or containers of meat or meat products slaughtered, wrapped, prepared or handled for the owner of a meat animal, at the time and in the manner deemed necessary by the State Department of Agriculture to protect the people of this state from the purchase or consumption of uninspected meat products. [1973 c.174 §10]

Source: Section 619.061 — Tagging and identification of meat products by person operating retail sales and custom slaughter or processing establishments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 624.425 — OR Code / Title 49 / Chapter 624 / Section 624.425
624.425 Diseased persons working in commissary or mobile unit
Status: in_force

(1) A person who is affected with a communicable disease described in ORS 624.080 (Diseased persons working in restaurants, bed and breakfast facilities or temporary restaurants) (1) or is a carrier of such disease may not work in any commissary, mobile unit or in the servicing of vending machines, nor may any operator employ any such person or any person suspected of being affected with any communicable disease or of being a carrier of such disease. If the operator suspects that any employee has an infectious disease in a communicable form or may be a carrier of such a disease, the operator shall notify the Director of the Oregon Health Authority immediately. A placard containing this section shall be posted in all toilet rooms.

(2) When, in the opinion of the director, there is a possibility of transmission of infection from any person or employee, the director may require the immediate exclusion of such person or employee from all commissaries, mobile units and vending machines and may require a medical examination of the person or employee and associates of the person or employee, including such laboratory examinations as may be indicated. [Formerly 624.380; 2011 c.9 §81]

Source: Section 624.425 — Diseased persons working in commissary or mobile unit; suspicion of possible transmission of infection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 624.130 — OR Code / Title 49 / Chapter 624 / Section 624.130
624.130 Training to relieve choking
Status: in_force

(1) Any restaurant where food is served to be consumed on the premises shall require that its food service employees, within a reasonable time after date of employment, be trained to administer emergency first aid to relieve any person choking on food particles pursuant to a training program approved by the local public health authority or as described in Red Cross Manual 32-1138 as the “abdominal thrust” procedures.

(2) A local public health authority shall provide or cause to be provided the necessary training program at reasonable intervals, as determined by the local authority. The local public health authority must provide for the training requirement of this section to be met by inclusion of the necessary training in a food handler training program under ORS 624.570 (Food handler training requirement) or by the placement of posters in the workplace.

(3) The local public health authority may charge reasonable fees to cover actual expenses of providing the training and issuing verification of training.

(4) The local public health authority may waive in writing the training requirements of this section in cases of undue hardship, or where the local authority determines that the employee’s assignment renders such training impracticable or unnecessary.

(5) Civil or criminal liability to the restaurant or restaurant employees may not result from good faith application by a trained person of the first aid described under subsection (1) of this section. [1977 c.824 §1; 2001 c.975 §4a; 2003 c.309 §12]

THIRD-PARTY FOOD PLATFORMS

Source: Section 624.130 — Training to relieve choking; methods of training; exemptions; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 634.425 — OR Code / Title 49 / Chapter 634 / Section 634.425
634.425 Construction of ORS 634.410 to 634.425
Status: in_force

Nothing in ORS 634.410 (Study of effects of thiram on health and safety) to 634.425 (Construction of ORS 634.410 to 634.425) shall be construed so as to limit the authority of the State Department of Agriculture to refuse registration of the chemical thiram prior to June 1, 1977. [1975 c.777 §5]

Source: Section 634.425 — Construction of ORS 634.410 to 634.425 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 616.077 — OR Code / Title 49 / Chapter 616 / Section 616.077
616.077 Oregon Health Authority rules
Status: in_force

(1) The Oregon Health Authority shall adopt any rules necessary to implement the policy established in ORS 616.073 (Policy and prohibitions on sulfite use) .

(2) Rules adopted by the authority under subsection (1) of this section to implement the policy of the State of Oregon to prohibit the use of sulfites in fresh foods and foods to be consumed without cooking do not apply to a food processing establishment licensed under ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) . [1985 c.519 §§2,3; 2003 c.309 §7; 2009 c.595 §994]

SALE OF ADULTERATED, MISBRANDED OR IMITATION FOODS

Source: Section 616.077 — Oregon Health Authority rules; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 618.096 — OR Code / Title 49 / Chapter 618 / Section 618.096
618.096 Prohibited acts involving commercial weights and measures
Status: in_force

No person shall:

(1) Use, or have in the possession of the person for the purpose of using for any commercial purpose specified in ORS 618.056 (Testing and inspecting weights and measures offered for sale or used commercially) , sell, offer or expose for sale or hire, or have in the possession of the person for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used or intended for use to falsify any weight or measure.

(2) Use, or have in the possession of the person for the purpose of current use for any commercial purpose specified in ORS 618.056 (Testing and inspecting weights and measures offered for sale or used commercially) , a weight or measure that does not bear a seal or mark such as is specified in ORS 618.076 (Approving use of weights and measures) unless such weight or measure has been exempted from testing by ORS 618.056 (Testing and inspecting weights and measures offered for sale or used commercially) or by a rule of the State Department of Agriculture or unless the device has been placed in service as provided by rule of the department.

(3) Dispose of any rejected or condemned weight or measure in a manner contrary to ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) or rules promulgated pursuant thereto.

(4) Remove, alter or deface any security seal, tag, seal or mark placed on any weight or measure by the department.

(5) Sell, offer or expose for sale, less than the quantity the person represents of any commodity, thing or service.

(6) Take more than the quantity the person represents of any commodity, thing or service when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined.

(7) Keep for the purpose of sale, advertise, sell, offer or expose for sale, any commodity, thing or service in a condition or manner contrary to ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) or rules promulgated pursuant thereto.

(8) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from a reasonable customer position.

(9) Violate any other provision of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) or rules promulgated pursuant thereto. [1973 c.293 §50; 2005 c.22 §423]

Source: Section 618.096 — Prohibited acts involving commercial weights and measures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 621.015 — OR Code / Title 49 / Chapter 621 / Section 621.015
621.015 Disposition of license fees
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. All such fees are continuously appropriated to the department for the purpose of administering and enforcing this chapter. [1963 c.48 §2; 1979 c.499 §23]

Source: Section 621.015 — Disposition of license fees; appropriation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 621.076 — OR Code / Title 49 / Chapter 621 / Section 621.076
621.076 Container labeling
Status: in_force

(1) A person shall not sell, expose or offer for sale or knowingly transport fluid milk in containers:

(a) If the fluid milk has been produced or processed in violation of ORS 621.070 (License required to use grade designation) .

(b) If the container or container cap is not labeled with the name and address of the producer, distributor, nonprocessing distributor or producer-distributor of the milk and the applicable state grade. However, containers of unpasteurized fluid milk that are shipped by producers to a milk processing plant or a dairy products plant for pasteurization and that are identified by shipper name or number shall not be required to be so labeled.

(2) A person shall not bottle unpasteurized fluid milk except on the premises where it is produced.

(3) A producer or producer-distributor shall not sell or offer for sale fluid milk during the period that the license of the producer or producer-distributor to use a grade designation on fluid milk has been suspended under ORS 621.072 (Issuance of license to use grade designation) or 621.073 (Suspension of grade use privilege) .

(4) A distributor shall not knowingly purchase fluid milk from any person whose license to use a grade designation has been suspended under ORS 621.072 (Issuance of license to use grade designation) or 621.073 (Suspension of grade use privilege) .

(5) A distributor shall not knowingly purchase fluid milk from any person other than a person licensed under ORS 621.072 (Issuance of license to use grade designation) .

(6) Each container of fluid milk sold or exposed or offered for sale by a nonprocessing distributor shall be labeled on the container or on the container cap with either the name and address of the distributor or producer-distributor processing and bottling the fluid milk or with a code number, assigned by the State Department of Agriculture, identifying the distributor or producer-distributor. [Formerly 621.115]

Source: Section 621.076 — Container labeling; bottling unpasteurized milk; prohibition against milk by or from suspended licensee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 618.995 — OR Code / Title 49 / Chapter 618 / Section 618.995
618.995 Civil penalties
Status: in_force

(1) Any person who willfully violates the terms of an injunction issued under ORS 618.506 (Enjoining security seal violations) shall forfeit and pay to the state a civil penalty of not more than $1,000 per violation. For the purposes of this section, the court issuing the injunction shall retain jurisdiction and the cause shall be continued, and in such cases the prosecuting attorney acting in the name of the state may petition for recovery of civil penalties.

(2) Any person who by an assurance of voluntary compliance submitted under ORS 618.506 (Enjoining security seal violations) agrees not to commit a security seal violation and thereafter willfully violates such assurance shall forfeit and pay to the state a civil penalty of not more than $1,000 per violation. The prosecuting attorney may apply to an appropriate court for recovery of such civil penalty.

(3) In any suit brought under ORS 618.506 (Enjoining security seal violations) , if the court finds that a person is willfully committing or has willfully committed a security seal violation, the prosecuting attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty not exceeding $500 per violation. [Formerly 618.536]

Source: Section 618.995 — Civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 634.148 — OR Code / Title 49 / Chapter 634 / Section 634.148
634.148 Retesting following violation
Status: in_force

If an individual holding a license, certificate or other authorization issued under this chapter commits or has responsibility for a violation of this chapter related to the spraying or other application of a pesticide, or for a violation of a State Department of Agriculture rule related to those applications, and the department in its discretion deems that the violation indicates an inadequate knowledge of the laws and rules applicable to pesticides, in addition to any other available penalty or sanction:

(1) The department may require that the individual retake any examination required for issuance of a license, certificate or other authorization that the individual holds or is required to hold for activities related to pesticides; and

(2) If the individual fails an examination required by the department under subsection (1) of this section, the department may suspend, revoke or refuse to renew the license, certificate or other authorization of the individual. A suspension, revocation or refusal to renew under this subsection is subject to ORS chapter 183. [2015 c.833 §19]

Source: Section 634.148 — Retesting following violation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 633.388 — OR Code / Title 49 / Chapter 633 / Section 633.388
633.388 Reports of official sample
Status: in_force

(1) A report of official sample, signed and acknowledged by a chemist employed by the State Department of Agriculture, other state agency or laboratory facility designated by the department, relating to the analysis of any fertilizer, agricultural amendment, agricultural mineral or lime product is prima facie evidence that the sample identified in the report of official sample was properly analyzed and that the substance analyzed contained the constituent parts stated in the report of official sample.

(2) A report of official sample, signed and acknowledged by the department, relating to the sampling of any product is prima facie evidence that the sample identified was taken from parcels, containers or lots identified in the official request for analysis. [2001 c.914 §12]

Source: Section 633.388 — Reports of official sample , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 634.740 — OR Code / Title 49 / Chapter 634 / Section 634.740
634.740 Written notice requirements
Status: in_force

(1) The governing body responsible for a school shall adopt policies and processes for ensuring that the integrated pest management plan coordinator for the school, or a designee of the coordinator, gives written notice of a proposed pesticide application at the campus to, at a minimum, parents and guardians of minor students, adult students, school administrators, faculty members and staff members. The plan coordinator or designee may give a written notice described in this subsection by any reasonable means, including but not limited to, electronic mail.

(2) In adopting policies and processes under subsection (1) of this section, the governing body shall consider the age of the students attending the school and consider which methods for transmitting notice are most likely to reach the intended recipients.

(3) Except as provided in this subsection, the plan coordinator or designee must give a pesticide application notice in a manner reasonably calculated to reach the intended recipient at least 24 hours before the pesticide application occurs. A notice must identify the name, trademark or type of pesticide products, the registration number assigned to each of the pesticide products, the expected area of application, the expected date of application and the reason for the application. If a pest emergency makes it impracticable to give a pesticide application notice at least 24 hours before the pesticide application occurs, the plan coordinator or designee shall send the notice no later than 24 hours after the application occurs.

(4) Except as provided in this subsection, if a pesticide is applied at a campus, the plan coordinator or a designee of the coordinator shall place warning signs around pesticide application areas beginning no later than 24 hours before the application occurs and ending no earlier than 72 hours after the application occurs. A warning sign must bear the words “Warning: pesticide-treated area,” give the expected or actual date and time for the application and provide the telephone number of a contact person. If a pest emergency makes it impracticable to place the warning signs at least 24 hours before the pesticide application, the plan coordinator or designee shall place the signs as soon as practicable but no later than at the time the application occurs.

(5) Failure to give notice or post warnings as required by this section does not create a cause of action for damages and may not be asserted as the basis for a per se negligence claim. [2009 c.501 §7]

Source: Section 634.740 — Written notice requirements; warning signs; failure to notify or warn , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 619.355 — OR Code / Title 49 / Chapter 619 / Section 619.355
619.355 Identification required before sale for human consumption
Status: in_force

(1) All fryers and fryer parts that are exposed or offered for sale for human consumption in this state and that have been grown in Oregon must be conspicuously identified to the consumer or purchaser as fryers or fryer parts that are Oregon-grown.

(2) The provisions of subsection (1) of this section do not apply to fryers that are exposed or offered for sale to ultimate consumers at the farm or ranch where the fryers were produced, if no fryers produced elsewhere are exposed or offered for sale to ultimate consumers at the farm or ranch. [1959 c.385 §§2,3; 1997 c.462 §2]

Source: Section 619.355 — Identification required before sale for human consumption; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 634.665 — OR Code / Title 49 / Chapter 634 / Section 634.665
634.665 Agencies and universities to provide personnel training
Status: in_force

(1) Each state agency or public university listed or referred to under ORS 634.660 (Agencies and universities required to implement integrated pest management) shall provide integrated pest management training for employees responsible for pest management.

(2) Each state agency or public university listed or referred to under ORS 634.660 (Agencies and universities required to implement integrated pest management) shall designate an integrated pest management coordinator. The integrated pest management coordinator:

(a) Must be a state or public university employee;

(b) Shall manage the integrated pest management program of the agency or public university; and

(c) May serve more than one state agency or public university. [1991 c.943 §4; 2001 c.413 §11; 2013 c.289 §6]

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

Source: Section 634.665 — Agencies and universities to provide personnel training; appointment of coordinators; duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 621.226 — OR Code / Title 49 / Chapter 621 / Section 621.226
621.226 Condemnation of unlawful milk, cream, dairy product or fluid milk
Status: in_force

(1) Whenever a grader determines that any milk, cream, dairy product or fluid milk is unlawful, the grader shall immediately affix a condemnation tag to the milk, cream, dairy product or fluid milk container. Condemnation tags shall be in a form prescribed by the State Department of Agriculture. The grader shall also thoroughly mix sufficient harmless red coloring matter with the condemned milk, cream, dairy product or fluid milk to prevent the milk, cream, dairy product or fluid milk from being sold, offered or exposed for sale for human consumption.

(2) As used in this section, the term “unlawful” means:

(a) Milk, cream, fluid milk or dairy product that contains dirt, filth, oil or other foreign matter that may render the milk, cream, fluid milk or dairy product, or dairy products derived from them, unfit for human consumption.

(b) Milk, cream, fluid milk or dairy product that is stale, cheesy, rancid, putrid, decomposed or actively foaming. [1953 c.686 §14; 1999 c.197 §34]

Source: Section 621.226 — Condemnation of unlawful milk, cream, dairy product or fluid milk , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 616.345 — OR Code / Title 49 / Chapter 616 / Section 616.345
616.345 Rules governing use of pesticide chemicals
Status: in_force

(1) The State Department of Agriculture shall promulgate rules establishing tolerances for pesticide chemicals or exempting them from the necessity of a tolerance as provided by ORS 616.341 (Use of poisons, pesticides or food additives restricted) with respect to the presence in or on raw agricultural commodities of poisonous or deleterious pesticide chemicals and of pesticide chemicals that are not generally recognized, among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals, as safe for use, to the extent necessary to protect the public health. In promulgating such rules, or rules authorized by ORS 616.355 (Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350) , the department shall give appropriate consideration to but not be limited by:

(a) The necessity for the production of an adequate wholesome and economic food supply.

(b) The other ways in which the consumer may be affected by the same pesticide chemical or by other related substances that are poisonous or deleterious.

(c) The laws and regulations of the United States and other states.

(d) The opinions of recognized experts and governmental agencies in the field of pesticide chemicals.

(2) The department shall promulgate rules exempting any pesticide chemical from the necessity of a tolerance with respect to use in or on all raw agricultural commodities when such tolerance is not necessary to protect the public health.

(3) Any person who has registered, or who has submitted an application for the registration of, an economic poison or pesticide with the department as required by law, may file with the department a petition as authorized by ORS chapter 183, proposing the promulgation of a rule establishing a tolerance for a pesticide chemical that constitutes, or is an ingredient of, such economic poison or pesticide, or exempting the pesticide chemical from the requirement of a tolerance. The petition shall contain data showing:

(a) The name, chemical identity and composition of the pesticide chemical;

(b) The amount, frequency and time of application of the pesticide chemical;

(c) Full reports of investigations made with respect to the safety of the pesticide chemical;

(d) The results of tests on the amount of residue remaining, including a description of the analytical method used;

(e) Practicable methods of removing residue that exceeds any proposed tolerance;

(f) Proposed tolerances for the pesticide chemical if tolerances are proposed; and

(g) Reasonable grounds in support of the petition. Samples of the pesticide chemical shall be furnished to the department upon request. [1961 c.637 §5; 1975 c.304 §16; 2007 c.71 §183]

Source: Section 616.345 — Rules governing use of pesticide chemicals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 621.203 — OR Code / Title 49 / Chapter 621 / Section 621.203
621.203 Condemnation of unfit container and its contents
Status: in_force

(1) The State Department of Agriculture shall condemn any container that it finds unfit for use by reason of dirt, rust, open seams or any other condition that may contaminate fluid milk, milk or dairy products or otherwise render them unfit for human use or consumption. The department shall provide by rule the method of plainly identifying condemned containers, which shall include affixing a tag to, or marking on, the container a notice of the fact of condemnation and a brief statement of the reasons therefor.

(2) It shall be conclusively presumed that any fluid milk, milk or dairy product in a container that has been condemned by the department and that bears a condemnation tag or marking is unfit for human consumption. The department shall condemn such fluid milk, milk or dairy product. The condemnation shall be carried out by thoroughly mixing a harmless red coloring matter prescribed by the department with the contents of the container. The department may authorize licensed pasteurizer operators and graders to make the condemnation.

(3) If the container can be repaired, or the reason for the condemnation otherwise removed, the condemnation of the container may be lifted by the department. The department may authorize licensed pasteurizer operators and graders to lift the condemnation of a container when appropriate repairs have been made or the reason for the condemnation has been otherwise removed. [Formerly 621.661]

Source: Section 621.203 — Condemnation of unfit container and its contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).