justicedao/ipfs_state_laws huggingface dataset:
603-051-0618 Standard Pack (1) The prunes shall be of fairly uniform size and tightly packed according to the approved and recognized methods. The fruits in the top layer shall not be noticeably superior in quality or size to those in the remainder of the package. (2) The size of prunes packed in 4-basket crates shall be indicated as follows: 4 x 4, 4 x 5, 5 x 5, etc., in accordance with the arrangement in the top layer of the basket. These packs shall not be more than three layers deep. Arrangements such as 4-3 x 5 and 5-4 x 5 shall not be considered standard packs. (3) The arrangement of the bottom layer shall be one row less one way, and may be one row less each way than the arrangement of the top layer. The arrangement of the middle layer may be the same as the top layer, or may be one row less one way than the arrangement of the top layer. Straight, offset, and diagonal packs in the layers are permitted. For example: A pack with 5 x 5 in the top layer may have 5 x 5 in the middle layer, and shall have 4 x 5 or 4-3 x 5 in the bottom layer; or it may have 4 x 5 or 4-3 x 5 in the middle layer, and shall have 4 x 5, 4-3 x 5, or 4 x 4 in the bottom layer. (4) In layer-packed California peach or lug boxes, the count in the entire container shall be marked on the package. (5) In double-faced and filled special lugs the number of rows, lengthwise of the lugs, shall be marked on the package to indicate size, as “nine row.” (6) In order to allow for variations incident to proper packing, not more than 10 percent, by count, of the containers in any lot may fail to meet the requirements of the standard pack. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 976(9-72), f. 8-24-72, ef. 9-15-72 AD 797(4-65), f. 6-7-65, ef. 7-1-65
603-051-0626 Official Standards The United States Standards for Grades of Potatoes adopted by the United States Department of Agriculture effective September 1, 1971, are hereby adopted as the official standards for the State of Oregon. A copy of the standards is filed herewith and by this reference made a part hereof. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 941(9-71), f. 8-19-71, ef. 9-1-71
603-051-0665 Official Standards The United States Standards for Raspberries adopted by the United States Department of Agriculture effective May 29, 1931, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for raspberries. A copy of the federal standards is filed herewith and by this reference made a part hereof. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 754, f. 7-2-63
603-051-0680 Official Standards The United States Standards for Spinach Plants adopted by the United States Department of Agriculture effective November 19, 1956, and in effect on January 1, 1963, are hereby adopted as the standards for the State of Oregon for spinach plants. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2880 to 51.2890, a copy of which is filed herewith and by this reference made a part hereof. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 755, f. 7-2-63
603-051-0695 Official Standards The United States Standards for Fall and Winter Type Squash adopted by the United States Department of Agriculture effective November 15, 1944, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for fall and winter type squash. A copy of such federal standards is filed herewith and by this reference made a part hereof. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 756, f. 7-2-63
603-051-0710 Official Standards The United States Standards For Strawberries adopted by the United States Department of Agriculture effective as of the date of this regulation and including U.S.D.A. amendment effective July 1, 1965, hereby are adopted as the standards of the State of Oregon for strawberries. A copy of such federal standards is attached herewith, identified as Exhibit “C,” and by this reference made a part hereof. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 880(11-68), f. & ef. 6-11-68 AD 757, f. 7-2-63
603-051-0725 Official Standards; Fresh Tomatoes The United States Standards for Grades of Fresh Tomatoes adopted by the United States Department of Agriculture effective December 1, 1973, as amended February 1, 1975, and April 15, 1976, are hereby adopted as the standards for fresh tomatoes in the State of Oregon. Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 1103(24-76), f. & ef. 8-25-76 AD 758, f. 7-2-63
603-051-0740 Official Standards The following standards hereby are adopted as the standards of the State of Oregon for walnuts in shell: (1) The United States Standards for Grades of Walnuts (juglans regia) in the Shell, adopted by the United States Department of Agriculture in effect on July 1, 1969. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2945 to 51.2966, a copy of which is filed herewith and by this reference made a part hereof. (2) Oregon No. 1. This grade consists of walnuts in shell which meet all the requirements of U.S. No. 1 grade (7 CFR 51.2945). (3) Oregon No. 2. This grade consists of walnuts in shell which meet all the requirements of U.S. No. 2 grade (7 CFR 51.2949). (4) Oregon No. 3. This grade consists of walnuts in shell which meet all the requirements of U.S. No. 3 grade (7 CFR 51.2950). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 903(9-69), f. 8-11-69, ef. 8-15-69 AD 759, f. 7-2-63
603-051-0755 Official Standards The United States Standards for Shelled Walnuts (juglans regia) adopted by the United States Department of Agriculture in effect on July 1, 1969, hereby are adopted as the standards of the State of Oregon for shelled walnuts. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2275 to 51.2296, a copy of which is filed herewith and by this reference made a part hereof. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 903(9-69), f. 8-11-69, ef. 8-15-69 AD 760, f. 7-2-63
603-051-0770 Official Standards The United States Standards for Watermelons adopted by the United States Department of Agriculture effective March 22, 1954, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for watermelons. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.1970 to 51.1981, a copy of which is filed herewith and by this reference made a part hereof. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 761, f. 7-2-63
603-051-0775 Definitions (1) “Federal Act” means the United States Standards for Grades of Olive Oil and Olive Pomace-Oil adopted by the Agricultural Marketing Service, United States Department of Agriculture effective October 25, 2010. (2) “Imitation olive oil” means the mixture of any edible oil artificially colored or flavored that resembles olive oil. (3) “Olive oil” used in this section includes the description of the food item and a type of the food item. When referring to the type of olive oil, a capital letter “T” in parentheses will follow the term “olive oil”; eg: olive oil (T). (4) “Olive pomace” means the product remaining after the initial mechanical extraction of olive oil from olive tree fruits. Statutory/Other Authority: ORS 561.190, 616.230 & 616.761 Statutes/Other Implemented: ORS 616.761 History: DOA 3-2012, f. & cert. ef. 2-1-12
603-051-0777 Standards of Identity (1) The standard of identity for olive oil products are: (a) “Olive oil” is the oil obtained solely from the fruit of the olive tree (Olea europaea L.), to the exclusion of oils obtained using solvents or re-esterification processes and of any mixture with oils of other kinds and will meet the minimum requirements of Table I in the federal Act. (A) Types of olive oil are: (i) Olive oil (T); (ii) Refined Olive Oil. (b) “Virgin olive oils” are the oils obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions, including thermal conditions, that do not lead to alterations in the oil, and which have not undergone any treatment other than washing, decantation, centrifugation, and filtration and will meet the minimum requirements of Table I in the federal Act. No additives of any kind are permitted. (A) Types of virgin olive oil are: (i) Extra virgin olive oil; (ii) Virgin olive oil; (iii) Lampante virgin olive oil. Lampante virgin olive oil may also be called “Virgin olive oil not fit for human consumption without further processing”. (c) “Olive-pomace oil” is the oil obtained by treating olive pomace with solvents or other physical treatments, to the exclusion of oils obtained by synthetic processes and mixture with oils of other kinds and will meet the minimum requirements of Table I in the federal Act. Alpha-tocopherol is permitted to restore natural tocopherol lost in the refining process for refined olive pomace and olive-pomace oil. Maximum level: 200 mg/kg of total alpha-tocopherol is permitted in the final product. (A) Types of olive-pomace oil are: (i) Olive-pomace oil; (ii) Refined olive-pomace oil; (iii) Crude olive-pomace oil. (2) For purposes of this section, “ordinary virgin oil” in ORS 616.761 has the same meaning as “lampante virgin olive oil” as defined in the federal Act. (3) A person may not prepare, mix, blend, or express olive pomace or meats with any bland fixed oil other than olive oil. (4) A person may not use artificial coloring or flavoring in the manufacture or blending of olive oil or olive-pomace oil. (5) “Flavored olive oil” is olive oil meeting the standard of identity in section (1) and grade defined in the federal Act that has been mixed with a flavoring or olives that are processed into oil with any fruit, vegetable, nut, seed, or spice and the product resulting from either process contains not less than 90 percent olive oil meeting the standard of identity in section (1) and grade defined the federal Act. Statutory/Other Authority: ORS 561.190, 616.230 & 616.761 Statutes/Other Implemented: ORS 616.761 History: DOA 3-2012, f. & cert. ef. 2-1-12
603-051-0779 Grades of Olive Oil; Adoption of Federal Regulations The United States Standards for Grades of Olive Oil and Olive Pomace-Oil adopted by the Agricultural Marketing Service, United States Department of Agriculture effective October 25, 2010 are hereby adopted as the standards for the State of Oregon for olive oil and olive pomace-oil grades. A copy of such federal standards is filed herewith and by this reference made a part hereof. Statutory/Other Authority: ORS 561.190, 616.230 & 616.761 Statutes/Other Implemented: ORS 616.761 History: DOA 3-2012, f. & cert. ef. 2-1-12
603-051-0780 Labeling Requirements (1) Only olive oil meeting the standards of identity in OAR 603-051-0777(1)(a)–(b) and grade in the federal Act will be labeled as “olive oil”. (2) Olive oil meeting the standard of identity in OAR 603-051-0777(1) and grade in the federal Act will be labeled with the corresponding U.S. grade and the label will comply with the requirements of ORS 616.205 to 616.385. (3) The following types of olive oil and olive pomace-oil will be labeled “not for human consumption”: (a) Lampante virgin olive oil; (b) Crude olive-pomace oil (4) Mixtures or blends of olive oil and other oils may not be labeled as “olive oil”. (5) Olive-pomace oils may not be labeled as “olive oil”. (6) Flavored olive oil will not be labeled as “extra virgin olive oil”, will be distinguished from “olive oil” on the principal display panel, and will be labeled for sale as an olive oil that has been flavored in accordance with the provisions of the 2010 version of Title 21, Chapter 1, Part 101 of the Code of Federal Regulations. Statutory/Other Authority: ORS 561.190, 616.230 & 616.761 Statutes/Other Implemented: ORS 616.761 History: DOA 3-2012, f. & cert. ef. 2-1-12
603-051-0785 Prohibition of Imitation Olive Oil A person may not manufacture, produce, process, pack, expose, sell, offer for sale, possess, dispense, supply, or give away imitation olive oil. Statutory/Other Authority: ORS 561.190, 616.230 & 616.761 Statutes/Other Implemented: ORS 616.761 History: DOA 3-2012, f. & cert. ef. 2-1-12
603-051-0803 Reference The book, Modern Roses, most recent edition, and the American Rose Annual, published by the American Rose Society, may be used as references to determine the classification of a variety. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 633.620 - 633.660 Statutes/Other Implemented: ORS 633.620 - 633.660 History: AD 707, f. & ef. 9-5-62
603-051-0830 Definitions As used in these sections, unless the context requires otherwise: (1) “Virus-Infected” means infected by a serious virus or manifesting symptoms or behavior characteristic of a serious virus disease. “Serious virus disease” includes corky bark, fan leaf and leaf roll virus diseases, and any other diseases so designated by the Department. (2) “Index” means to test for virus infection by making a graft with tissue from the plant to be tested to an indicator plant or by other means of inoculation or other generally accepted laboratory methods approved by the Department. (3) “Off-Type” means different from the variety as stated on the application for registration or certification. A vine or a cane shall be considered off-type when affected by a disorder of genetic origin or it is found to be atypical of the variety. (4) “Progeny Vine” means a vine propagated from a parent rootstock and/or a parent top-stock source which has been indexed and is intended for planting in a foundation block. (5) “Registered” means that a registration number has been assigned by the Department to a grapevine in a foundation block or to an entire increase block following the inspection and testing required in these regulations. (6) “Foundation Block” means a planting of grapevines in which each vine has been registered to serve as a source of foundation stock. (7) “Foundation Stock” means plants which have been produced in a foundation block. (8) “Increase Block” means a planting of grapevines made with registered or foundation stock which has been registered as a block to serve as a source for the production of Oregon Certified Grape Nursery Stock. (9) “Elite stock” means plants which have been produced in a Level One increase block in accordance with 603-051-0835(4)(d). (10) “Registered Stock” means plants which have been produced in an increase block in accordance with 603-051-0835(4)(e). (11) “Oregon Certified Grape Nursery Stock” means vines, rootings, cuttings, grafts, or buds taken or propagated from foundation or registered stock and certified in accordance with these regulations. Statutory/Other Authority: ORS 561.190 & 633.620 - 633.660 Statutes/Other Implemented: ORS 633.620 - 633.660 History: DOA 17-1999, f. & cert. ef. 8-16-99 AD 917(3-70), f. 4-20-70, ef. 5-15-70
603-051-0840 Authority and Procedures for Registration or Certification Registration, certification, approvals, and the supervision of activities specified herein shall reside in the Department. Inspection and testing procedures prescribed in these regulations may be made by Oregon State University, the United States Department of Agriculture, or the Department, and shall be conducted in a manner and at times determined to be suitable by the Department. In the indexing procedures required in these regulations, the substitution of other indicator plants may be approved by the Department if found equally suitable. Indexing on a fewer number of indicator plants may also be approved by the Department if the plant being tested is, itself, a good indicator for a particular disease. The following inspection and testing procedures shall control as applicable: (1) Progeny Vines: (a) The parent rootstock and topstock sources of a progeny vine for which registration or certification shall be requested, shall be index-tested on St. George, LN-33, Baca 22 A, and Carignane varieties of grapevines. Chenopodium spp. may be used in lieu of Carignane grapevine; (b) Propagating wood to produce the progeny vines for a foundation block shall be taken from the parent rootstock and topstock sources in the same growing season that tissue is taken from the parent sources for indexing. The progeny vines shall be visually inspected at least twice each growing season prior to planting in a foundation block. (2) In a Foundation Block: Plantings in a foundation block, or the vines thereof, shall be visually inspected at least twice each growing season. (3) In an Increase Block: Plantings in an increase block, or the vines thereof, shall be visually inspected at least twice each year prior to the removal of fruit, if any, from the vines. (4) In a Nursery Planting: Plantings in a nursery, or the vines thereof, shall be visually inspected at least twice each growing season and, in addition thereto, shall be inspected at the time of digging. In order to be eligible for certification or approval as registered stock, said nursery stock shall not remain in the nursery row for more than two growing seasons. (5) In addition to the requirements of sections (1) to (5) of this rule additional inspections or tests may be required in the event seasonal conditions or other factors tend to obscure virus symptoms or make adequate information impossible, or when virus infection is suspected or virus symptoms may be masked in a particular variety. Statutory/Other Authority: ORS 561.190 & 633.620 - 633.660 Statutes/Other Implemented: ORS 633.620 - 633.660 History: DOA 17-1999, f. & cert. ef. 8-16-99 AD 917(3-70), f. 4-20-70, ef. 5-15-70
603-051-0845 Application and Fees for Registration or Certification (1) An application for registration or certification of grape nursery stock shall be made on a form prescribed by the Department and shall be accompanied by a fee of $50, which shall be valid for one year from acceptance by the Department. The application shall include the consent of the applicant for the removal of plants from any planting for inspection or testing purposes. Applications for annual reregistration shall be in accordance with this section and accompanied by the fee stated herein. Applications shall be made sufficiently in advance of the time of planting so as to permit the Department to establish the origin of the stock, to determine the suitability of the location, to inspect for virus infection, including Fan Leaf and Leaf Roll virus, and to supervise any treatment that may be required. (2) Request for special or additional inspection or testing services of grape nursery stock and the charges therefore shall be in accordance with the provisions of OAR 603-054-0025. (3) Fees and charges provided in this section are separate from and in addition to any such fees or charges required by ORS 571.057 or 571.145 and are intended to be used solely to defray the costs of inspections, testing, and certifications incurred by the Department. Statutory/Other Authority: ORS 561.190 & 633.620 - 633.660 Statutes/Other Implemented: ORS 633.620 - 633.660 History: DOA 17-1999, f. & cert. ef. 8-16-99 AD 1029(19-74), f. 6-19-74, ef. 7-11-74 AD 917(3-70), f. 4-20-70, ef. 5-15-70
603-051-0850 Refusal or Cancellation of Registration or Certification Registration or certification may be refused or cancelled by the Department if: (1) The requirements of these regulations have not been met. (2) Any vine in the planting is found virus-infected with a soil-borne virus, unless in the opinion of the Department the remainder of the planting can be adequately protected by treatment or by removal and destruction of all vines in the infected area, or by other means. (3) The plant is off-type. (4) Any vine in the planting is found infected with a serious virus that is not known to be soil-borne unless such vine is removed under supervision of the Department. (5) It is determined by the Department that a registered vine or registered increase block is virus-infected and the plants propagated from such source are also liable to be infected. (6) The pest cleanliness requirements of the Oregon Nursery Laws have not been met. Statutory/Other Authority: ORS 561.190 & 633.620 - 633.660 Statutes/Other Implemented: ORS 633.620 - 633.660 History: DOA 17-1999, f. & cert. ef. 8-16-99 AD 917(3-70), f. 4-20-70, ef. 5-15-70
603-051-0855 Declaration of Policy Certification of nursery stock is a function of state government, the responsibilities of which shall be conducted by the Department in keeping with the provisions of ORS 633.620 to 633.660 and statutes related thereto. Participation by nurseries in the certification program shall be voluntary in nature. These regulations may be reviewed biennially by the Department and nurseries participating in the program. Statutory/Other Authority: ORS 561, 571 & 632 Statutes/Other Implemented: ORS 561, 571 & 632 History: DOA 5-2013, f. & cert. ef. 3-1-13 DOA 14-2004, f. & cert. ef. 6-1-04 AD 17-1977, f. & ef. 7-15-77