justicedao/ipfs_state_laws huggingface dataset:
603-058-0210 Good Manufacturing Practices (GMP’s) For the purpose of enforcing ORS 633.045 (6) the Department adopts the following good manufacturing practices: (1) The regulations prescribing good manufacturing practices for type B and Type C medicated feeds as published in the Code of Federal Regulations, Title 21, Part 225, Section 225.1-225.202 effective as of the date these rules are promulgated. (2) The regulations prescribing good manufacturing practices for Type A Medicated Articles as published in the Code of Federal Regulations, Title 21, Part 226, Sections 226.1-226.115 effective as of the date these rules are promulgated. Statutory/Other Authority: ORS 663.067 Statutes/Other Implemented: ORS 633.006-089, 633.992, 561.605 & 561.620 History: DOA 6-2025, amend filed 01/31/2025, effective 02/01/2025 DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0220 Certain Mammalian Proteins are Prohibited in Ruminant Feed Pursuant to ORS 633.045(1), the Department adopts the requirements of Title 21, Code of Federal Regulations parts 589.2000 and 589.2001 effective as of the date these rules are promulgated. Statutory/Other Authority: ORS 663.067 Statutes/Other Implemented: ORS 633.006-.089, 633.992, 561.605 & 561.620 History: DOA 6-2025, amend filed 01/31/2025, effective 02/01/2025 DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0240 License fees for feed manufacturers, wholesale distributors, feed registrants, and certain feeders The license fees for any person operating a feed manufacturing plant (per location), or acting as a wholesale distributor of feeds, or registering feeds for distribution in Oregon, or acting as a contract feeder wherein drugs in any form are utilized in the manufacturing of such feed, shall be in accordance with the following: (1) Non-Manufacturing Licenses: A license fee of $150 for wholesale distributors, retailers who register feeds, re-labelers or contract feeders who are not feed manufacturers. (2) Manufacturing Licenses: (a) A license fee for each Oregon manufacturing location based upon annual distribution of commercial feeds in Oregon, in accordance with the schedule set forth in section (3) of this rule; (b) A license fee for each company with manufacturing located outside of Oregon based on their annual distribution of commercial feeds into Oregon. Companies with multiple locations outside of Oregon only need to obtain one license and combine the tons distributed in Oregon; (c) Firms with mills both in Oregon and outside Oregon must obtain licenses under OAR 603-058- 0240(2)(a) and 603-058-0240(2)(b). (3) The annual fee schedule based upon annual Oregon distribution of commercial feed is as follows: Annual Tonnage — Annual Fee: (a) Less than one (1) ton of wildbird seed — $15; (b) Less than 5,000 tons — $150; (c) 5,000 to 9,999 tons — $300; (d) 10,000 to 19,999 tons — $450; (e) 20,000 to 29,999 tons — $600; (f) Greater than 30,000 tons — $750; Statutory/Other Authority: ORS 633.006-089, 633.992, 561.605 & 561.620 Statutes/Other Implemented: ORS 633.006-089 History: DOA 23-2021, amend filed 09/29/2021, effective 10/15/2021 DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0250 Registration and Fees (1) Each commercial feed product manufactured, compounded, delivered, distributed, or exposed for sale in this state must be registered annually using a form provided by the department, and including the following information in addition to any other information requested by the Department: (a) The complete product name as it appears on the product labeling including, if applicable, the unique brand, formulation, and/or concentration of the product. (b) Each Universal Product Code (UPC) displayed on labeling. If multiple UPCs are utilized by a single product, a description of distinguishing factors (distributor, package size, etc) between each UPC must also be included. (c) The complete product label bearing all information required in ORS 633.026, OAR 603-058-0120 and 603-058-0130 (d) For products exempt from labeling requirements under OAR 603-058-120(3), in addition to whatever additional documents that Department requests to verify compliance with applicable labeling requirements, a copy of the product license issued by the US Food and Drug Administration or the US Department of Agriculture. (2) The annual registration fee for each commercial feed product is $40. (3) A firm must hold a license issued under ORS 633.029 to register feed products. Statutory/Other Authority: ORS 633.006-089, 633.992, 561.605 & 561.620 Statutes/Other Implemented: ORS 633.006-089 History: DOA 4-2026, amend filed 01/26/2026, effective 01/26/2026 DOA 23-2021, amend filed 09/29/2021, effective 10/15/2021 DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0260 Certificates of Free Sale (1) To enhance trade with foreign countries the department will provide certificates of free sale when requested by firms. Certificates are provided at no cost. Multiple feed products may be put on each certificate. (2) Certificates will be provided within 30 calendar days of initial request. Product must be registered to sell in Oregon when the certificate request is made. Statutory/Other Authority: ORS 633.006-089, 633.992, 561.605 & 561.620 History: DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0270 Referee Samples May Be Taken (1) The Department may be called upon to collect samples of commercial or custom feeds to resolve issues between animal feeders and feed suppliers. Either party may contact the Department and request a referee sample to be taken. (2) A department representative will take the sample and provide a representative split of it to each party. The sample will be submitted to the lab designated by the department for tests designated by the animal feeder. The department will pay the testing costs. (3) Unofficial samples submitted by the animal feeder may be accepted as a referee sample at the department’s discretion. This should only be done when time is of the essence or travel time is cost prohibitive. (4) Lab results of referee samples will be provided to both parties. Results are not to be released as public records. Statutory/Other Authority: ORS 633.006-089, 633.992, 561.605 & 561.620 History: DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0280 Reserved Text available via filing PDF that is stored in ORMS Statutory/Other Authority: ORS 633.006-089, 633.992, 561.605 & 561.620 History: DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0290 Reserved Text available via filing PDF that is stored in ORMS Statutory/Other Authority: ORS 633.006-089, 633.992, 561.605 & 561.620 History: DOA 13-2011, f. & cert. ef. 8-12-11
603-059-0020 Inspection Fees (1) The inspection fees authorized to be established by ORS 633 and payable under ORS 633 are as follows: (a) Forty five cents ($0.45) for each ton of fertilizer; (b) Forty five cents ($0.45) for each ton of agricultural mineral; (c) Forty five cents ($0.45) for each ton of agricultural amendment; (d) Five cents ($0.05) for each ton of fertilizer, agricultural mineral, or agricultural amendment containing 100% “compost” as defined in ORS 633.311. (e) Five cents ($0.05) for each ton of gypsum. (f) Five cents ($0.05) for each ton of lime. (2) Any person required to pay inspection fees established in ORS 633 that distributes less than 33.34 tons of fertilizer, agricultural mineral or agricultural amendment products or less than 300 tons of lime, gypsum or compost products in any semi-annual reporting period, must pay a minimum inspection fee of fifteen dollars ($15.00). (3) A portion of the inspection fees paid to the department for fertilizer, agricultural minerals and agricultural amendments shall be continuously appropriated for the purpose of funding grants for research and development related to the interaction of fertilizer, agricultural mineral or agricultural amendment products and ground water or surface water as described in ORS 633. The portion of fees so appropriated shall be determined by the Department based on the recommendation of the Fertilizer Research Committee (ORS 633.479). (4) The inspection fees specified in section (1) of this rule shall be in effect commencing July 1, 2016. Statutory/Other Authority: ORS 561.190 & 633 as amended by Ch. 514 OL 2015 Statutes/Other Implemented: ORS 561.190 & 633 History: DOA 15-2016, f. 6-30-16, cert. ef. 7-1-16 DOA 12-2012, f. 5-17-12, cert. ef. 1-1-13 DOA 12-2004, f. 4-15-04 cert. ef. 7-1-04 DOA 24-2001, f. & cert. ef. 10-15-01 AD 1-1996, f. & cert. ef. 2-12-96 AD 14-1989, f. 10-12-89, cert. ef. 10-9-89 AD 15-1983, f. 11-23-83, ef. 12-31-83 AD 10-1978, f. & ef. 7-10-78 AD 1071(17-75), f. & ef. 11-20-75
603-059-0025 Declaration of Lime Score (1) In addition to the labeling requirements of ORS 633.330, the lime invoice or label shall also state the guarantee for “Lime Score (Oregon)” which is defined as a numerical expression of the quality of lime. (2) The “Lime Score (Oregon)” shall be determined in accordance with the equations and calculations set forth in the Oregon State University Fertilizer Guide for Fertilizer and Lime Materials, FG52, as revised June 1990. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 633 Statutes/Other Implemented: ORS 633.330 History: AD 8-1992, f. & cert. ef. 7-13-92 AD 4-1982, f. & ef. 5-20-82 AD 10-1978, f. & ef. 7-10-78
603-059-0030 Registration Fees (1) The registration fee authorized to be established by ORS 633 for each fertilizer, agricultural mineral, agricultural amendment or lime product is as follows: Thirty Five dollars ($35.00) per year for each product registered; (2) The registration fee specified in section (1) of this rule shall be in effect commencing July 1, 2016. Statutory/Other Authority: ORS 561.190 & 633 as amended by Ch. 514 OL 2015 History: DOA 15-2016, f. 6-30-16, cert. ef. 7-1-16 DOA 24-2001, f. & cert. ef. 10-15-01
603-059-0040 Manufacturer/Bulk Distributor License Fee (1) The license fee authorized to be established by ORS 633 for each manufacturer/bulk distributor license is as follows: Fifty dollars ($50.00) per year for each business licensed; (2) The license fee specified in section (1) of this rule shall be issued to a primary qualifying business entity. A separate and distinct license is not required for each facility location, however, all locations will be required to be identified on the license application. (3) The license fee specified in section (1) of this rule shall be in effect commencing January 1, 2002. Statutory/Other Authority: ORS 561.190 & 633 as amended by Ch. 914 OL 2001 History: DOA 24-2001, f. & cert. ef. 10-15-01
603-059-0050 Evaluation Fee (1) The product evaluation fee authorized to be established by ORS 633 is as follows: (a) Up to five hundred dollars ($500.00) upon initial product registration; (b) Up to five hundred dollars ($500.00) upon product reregistration or reevaluation of product registration. (2) The fee specified in section (1) of this rule shall be in effect commencing July 1, 2016. Statutory/Other Authority: ORS 561.190 & 633 as amended by Ch. 514 OL 2015 History: DOA 15-2016, f. 6-30-16, cert. ef. 7-1-16 DOA 24-2001, f. & cert. ef. 10-15-01
603-060-0010 Purpose and Scope This division establishes procedures for a ginseng management program administered by the Oregon Department of Agriculture as authorized by Oregon Laws 1997 Chapter 9. Statutory/Other Authority: ORS 561.190 & OL 1997 & Ch. 9 Statutes/Other Implemented: OL 1997 & Ch. 9 History: AD 5-1997, f. & cert. ef. 6-4-97
603-060-0020 Definitions As used in this division, the following definitions apply: (1) “Certificate of Origin” means a legal document required for out-of-state or foreign trade attesting to the fact that a specific lot of ginseng was legally cultivated and harvested in Oregon. (2) “Cultivated Ginseng” means ginseng which is growing or has been grown in tilled beds under shade of artificial structures or under natural shade and is cultivated by a person. (3) “Dealer” means a person who buys cultivated ginseng for the purpose of resale, except that it does not include a person who buys dry root of cultivated ginseng solely for the purpose of final retail sale to consumers in the United States. (4) “Department” means the department of agriculture of the state of Oregon. (5) “Director” means the director of the department of agriculture or his duly appointed representative (Inspector). (6) “Ginseng” means any part of the plant known as American Ginseng (Panax quinquefolius L.) including plants, whole roots, essentially intact roots, and root chunks and slices, but excluding root hairs, extracts, derivatives, leaves, stems, flowers and seeds. (7) “Grower” means a person who grows cultivated ginseng except persons growing solely for personal use, direct retail sales, or direct sales to retail outlets within the state of Oregon. (8) “Out-of-state ginseng” means ginseng originating from a state other than Oregon. (9) “Person” means any individual, firm, partnership, corporation, company, association, governmental entity or any combination of individuals, or any employee, agent, or officer thereof. (10) “Wild ginseng” means ginseng originating from within its natural range and which was grown in an uncultivated state and was collected from its native habitat. Statutory/Other Authority: ORS 561.190 & OL 1997 & Ch. 9 Statutes/Other Implemented: OL 1997 & Ch. 9 History: AD 5-1997, f. & cert. ef. 6-4-97
603-060-0030 Growers and Dealers: Licensing (1) No person may act as a grower or a dealer unless he or she is licensed with the department. Persons selling cultivated ginseng to dealers and/or out-of-state or foreign buyers must license as growers. Persons growing ginseng solely for personal use, direct retail sales within Oregon, direct sales to retail outlets within the State, or direct sales to in-state processors making derivatives or extracts do not need to obtain a growers license. Any person who acts as both a grower and a dealer shall be licensed as both a grower and a dealer. (2) Licenses shall be renewed annually on a form provided by the department. Licenses expire on April 30th of each year. A grower shall pay to the department an annual license fee of $25. A dealer shall pay an annual license fee of $25. The department shall assign a license number to each person licensed under this subsection. (3) Paragraph (1) of this section does not apply to a grower who sells or ships only live immature cultivated ginseng plants for propagation (not consumption). A nursery license is required for this activity if sales exceed the limit prescribed in the nursery law, ORS 571.057 and associated rule, OAR 603-054-0016. Growing and/or selling ginseng seed does not require a nursery license or a ginseng grower’s license. Statutory/Other Authority: ORS 561.190 & OL 1997 & Ch. 9 Statutes/Other Implemented: OL 1997 & Ch. 9 History: DOA 2-1999, f. & cert. ef. 1-5-99 AD 5-1997, f. & cert. ef. 6-4-97
603-060-0040 Sale or Shipment of Cultivated Ginseng (1) The department shall, upon request, provide each licensed grower or dealer with certificates of origin. The department shall stamp each certificate of origin with the license number of the grower or dealer. A certificate of origin is valid only if used during the period for which the stamp license number of the grower was issued. Licensed growers or dealers may certify their own cultivated ginseng by filling out and signing a valid certificate or origin. (2) No person may sell or ship cultivated ginseng to a dealer, out-of-state buyer or foreign buyer unless the cultivated ginseng is accompanied by a valid, completed certificate of origin which specifies the year of harvest, growers license number, location of harvest, and actual weight of ginseng sold. The person selling or shipping the cultivated ginseng shall send to the department a copy of the certificate of origin within 30 days. Each person who completes a certificate of origin shall retain a duplicate copy. (3) No dealer may purchase or receive Oregon-grown cultivated ginseng unless it is accompanied by a completed certificate of origin from the grower. A dealer shall retain the original copy of each certificate of origin he or she receives. (4) No dealer may purchase or receive out-of-state cultivated ginseng unless it is accompanied by a valid written certificate, issued by the state of origin, certifying that the shipment consists solely of out-of-state cultivated ginseng. The certificate shall include the location of harvest, year of harvest, and dry weight of the out-of-state cultivated ginseng included in the shipment. A dealer shall retain a copy of each written certificate he or she receives. (5) Ginseng harvested or grown in Oregon must be kept separate from out-of-state ginseng. Out-of-state sources may not be declared on an Oregon certificate of origin. (6) Growers and dealers shall keep records of transactions covered by paragraphs (2), (3), and (4) of this section. A licensed dealer shall keep a continuous log of purchases and sales of both cultivated and wild ginseng. A dealer or grower shall make all records that are required to be kept under this section available upon request to the department for inspection and copying. As a condition of relicensing, records required by this section shall be sent to the department by the end of each licensing year (April 30th). Listed weights of roots sold and roots in inventory shall equal root purchased/harvested within reasonable amounts, and may be verified by the department from time to time if deemed necessary. Statutory/Other Authority: ORS 561.190 & OL 1997 & Ch. 9 Statutes/Other Implemented: OL 1997 & Ch. 9 History: AD 5-1997, f. & cert. ef. 6-4-97
603-060-0050 Possession of Certified Wild Ginseng Oregon certificates of origin can not be used to certify wild ginseng. Wild ginseng roots legally certified in other states may be purchased, sold, transported, or exported within and out of state only by dealers licensed by the department in accordance with section 603-060-0030. Persons engaged in the retail marketing of wild ginseng to consumers within the state may purchase and retail out-of-state wild ginseng root in the normal course of their business provided the ginseng root is purchased from a registered dealer of any state having a Ginseng Management Program approved by the U.S. Fish and Wildlife Service and is accompanied by a certificate of origin issued by the state of origin of the ginseng. Statutory/Other Authority: ORS 561.190 & OL 1997 & Ch. 9 Statutes/Other Implemented: OL 1997 & Ch. 9 History: AD 5-1997, f. & cert. ef. 6-4-97
603-060-0060 Ginseng Advisory Committee (1) The Ginseng Advisory Committee shall consist of five members, representing both growers and dealers, appointed by the Director. The term of each member shall be three years from the date of appointment, except initially terms of one, two and three years will be used to stagger the terms of the committee members. Vacancies in office shall be filled by appointment for the unexpired term. An individual is not eligible to serve more than two consecutive terms as a member. (2) At the first meeting in each year the committee shall select a chairperson. The Director of the State Department of Agriculture, or their representatives, shall be ex officio members without the right to vote. (3) The committee shall meet at the call of the chairperson or the Director of the State Department of Agriculture. A majority of the members present at any meeting shall constitute a quorum, and majority vote of the quorum at any meeting shall constitute an official act of the committee. Statutory/Other Authority: ORS 561.190 & OL 1997 & Ch. 9 Statutes/Other Implemented: OL 1997 & Ch. 9 History: AD 5-1997, f. & cert. ef. 6-4-97
603-060-0070 Enforcement Actions (1) No person may knowingly include false information on any document or record required under this division, or submit false information to the department in connection with licensing in accordance with section 603-060-0030. No person may knowingly accept or retain a document or record required under this division that contains false information to facilitate the sale or shipment of ginseng in violation of this section. (2) No person shall convey or otherwise provide any dealer, exporter, or other person an Oregon state shipment certificate for which the weight in ginseng roots stated to be legally certified exceeds the weight of ginseng actually being sold or otherwise exchanged. (3) The department may by an order suspend or revoke the license of a dealer or a grower and may invalidate certificates of origin completed by the dealer or grower, if the department finds that the dealer or grower has violated any of the provisions of this division. An order issued is subject to a right of hearing before the department, if requested. Hearings will be conducted pursuant to the APA and the Attorney General’s Model Rules of Procedure. Statutory/Other Authority: ORS 561.190 & OL 1997 & Ch. 9 Statutes/Other Implemented: OL 1997 & Ch. 9 History: AD 5-1997, f. & cert. ef. 6-4-97
603-060-0080 Civil Penalty (1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty on a person for violation of any of the provisions of 603-060. The civil penalty for a first violation shall be a fine of not more than $1,000. Upon a second violation, the department may impose a fine of not more than $2,000. (2) All penalties recovered under this chapter shall be deposited by the State Treasurer in the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of carrying out the ginseng management program. Statutory/Other Authority: ORS 561.190 & OL 1997 & Ch. 9 Statutes/Other Implemented: OL 1997 & Ch. 9 History: AD 5-1997, f. & cert. ef. 6-4-97
603-060-0090 Criminal Penalty Violation of any of the provisions of 603-060 is a misdemeanor. Statutory/Other Authority: ORS 561.190 & OL 1997 & Ch. 9 Statutes/Other Implemented: OL 1997 & Ch. 9 History: AD 5-1997, f. & cert. ef. 6-4-97
603-070-0005 Hearing Upon a Petition for the Formation of a District The administrative procedures applicable to a hearing upon a petition for the formation of a district, as provided for in ORS 568.310, and the department’s determination resulting therefrom, as provided for in ORS 568.330 and 568.340, shall be those specified in OAR 603-001-0005. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 561 & 568 History: AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-011-0010 SC 7, f. 7-26-74, ef. 8-25-74
603-070-0010 Hearing Upon a Petition or Resolution to Consolidate Districts The administrative procedures applicable to a hearing upon a petition to consolidate districts, as provided for in ORS 568.450, shall be those specified in OAR 603-001-0005. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 561 & 568 History: AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-011-0015 SC 7, f. 7-26-74, ef. 8-25-74
603-070-0015 Hearing Upon a Petition to Discontinue a District The administrative procedures applicable to a hearing upon a petition to discontinue a district, as provided for in ORS 568.480, shall be those specified in OAR 603-001-0005. These provisions shall also apply to consideration of discontinuance due to a district being inactive, as provided for in ORS 568.515. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 561 & 568 History: AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-011-0020 SC 7-1974, f. 7-26-74, ef. 8-25-74
603-070-0020 Hearing by a District Upon Land-Use Rules The administrative procedures applicable to promulgation of land-use rules by a district, as provided for in ORS 568.630, shall be those specified in OAR 603-001-0005. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 561 & 568 History: AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-011-0025 SC 7, f. 7-26-74, ef. 8-25-74