justicedao/ipfs_state_laws huggingface dataset:
603-057-0420 Civil Penalty Determination for Failure to Comply with Confidentiality Agreement When the Department has determined that a violation of 603-057-0417 has occurred the Director shall calculate the amount of the civil penalty to be assessed utilizing the formula: BN+(0.1xBN) (T+D) = Penalty Amount where: (1) B = Base fine, the primary fine for violating the confidentiality agreement. This base amount is set at $2,000. (2) N = Number of times, including the current violative act, that the person has been determined by the Department to have committed this violative act. (3) T = Preventability of violation and whether negligence or misconduct was involved. T will be weighted from 0 to 7 in the following way: (a) 0 = information is insufficient to make any finding; (b) 3 = the person’s actions determined to be violative were reasonably avoidable; (c) 7 = the person’s actions determined to be violative were flagrant. (4) D = Direct release of confidential information. D will be weighted from 0 to 5 in the following way: (a) 0 = information is insufficient to make any finding; (b) 1 = information protected under 603-057-0417 was not directly released, but the information released was sufficient to allow a reasonable determination of the protected information; (c) 3 = either the identity of the owner or lessee of a specific property, or the address of the property itself where a pesticide had been applied was directly released; (d) 5 = both the identity of the owner or lessee of a specific property and the address of the property itself where a pesticide had been applied was directly released. Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999 Statutes/Other Implemented: Ch. 1059 OL 1999 History: DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0425 Household Pesticide Use Information According to Chapter 1059, Oregon Laws 1999, Section 4 (5), the Department is to develop a mechanism(s) to identify the use of pesticides by households. The following rules shall apply; (1) The Department shall utilize a survey. Such a survey shall have the following characteristics: (a) Be statistically valid such that information obtained from participating households can be used to accurately estimate pesticide use by all households; (b) Gathers information similar in content to information reported by pesticide users; and (c) Includes the entire state. (2) The Department may utilize the assistance of other agencies, including federal, state and local, and of private entities in developing, implementing and maintaining a mechanism to identify pesticide use by households. Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999 Statutes/Other Implemented: Ch. 1059 OL 1999 History: DOA 11-2006, f. & cert. ef. 4-12-06 DOA 27-2001, f. & cert. ef. 12-4-01
603-057-0505 Consolidation of Proceedings Notwithstanding that each and every violation is a separate and distinct act and in cases of continuing violations, each day’s continuance is a separate and distinct violation, proceedings for the assessment of multiple civil penalties for multiple violations against a person may be consolidated into a single proceeding. Statutory/Other Authority: ORS 561 & 634 Statutes/Other Implemented: ORS 634.306 History: AD 4-1990, f. & cert. ef. 3-16-90
603-057-0520 Entry of Order and Appeal Rights (1) If a person, having been served a Notice of Violation or a Notice of Imposition of Civil Penalty, fails to request a hearing as specified in OAR 603-057-0510(4)(f), or if a hearing is not held for any reason, or if after the hearing the person is found to be in violation, an order may be issued by the Director. If a Notice of Imposition of Civil Penalty was served, the order may assess a civil penalty. (2) The order shall be signed by the Director. (3) The order, if not appealed as provided in ORS 183.480 to 183.497 or if sustained on appeal, shall constitute a judgment. If any civil penalty has not been paid when due and payable, the order may be recorded with the county clerk in any county of this state. The clerk shall record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record. Recording the order has the effects provided for in ORS 205.125 and 205.126, including but not limited to the effect of becoming a lien upon the title of any interest in real property located in that county and owned by the person. The Department may enforce the order as provided in ORS 205.125 and 205.126, bring an action in a court of this state to recover the civil penalty, or take any other action authorized by law to enforce the order. Statutory/Other Authority: ORS 561, 634 & 183.335(5) Statutes/Other Implemented: ORS 183.745, 634.006, 634.306, 634.322, 634.372 & 634.900 - 634.915 History: DOA 6-2009, f. & cert. ef. 5-7-09 DOA 1-2009(Temp), f. & cert. ef. 1-23-09 thru 7-22-09 AD 4-1990, f. & cert. ef. 3-16-90
603-057-0532 Civil Penalty For A Violation Resulting From Gross Negligence or Willful Misconduct And On Or After June 25, 2007; Formula for Amount (1) When the Director determines that the violation resulted from gross negligence or willful misconduct and that the violation occurred on or after June 25, 2007, the Director will determine the amount of the civil penalty using this section. To determine the amount of the civil penalty, calculate it utilizing the formula: NB + [(.1 x NB) x (P + H + C)] = Penalty Amount where: (a) N = the number of times, within a period of three years prior to and including the date of the current violative act, that the person has been determined by the Director to have committed that violative act; (b) B = the base penalty determined using the following matrix: [Matrix not included. See ED. NOTE.] (A) The Magnitude of Violation is determined according to OAR 603-057-0525(2). (B) The Gravity of Effect is determined according to OAR 603-057-0525(3). (c) P = Past occurrence of unrelated violations under ORS Chapter 634 for a period of three years prior to the date of the current violative act. P will be weighted from O to 6 in the same manner as described in OAR 603-057-0530(1)(c). (d) H = History of the person in taking all feasible steps or procedures necessary or appropriate to correct a violative action. H will be weighted from -2 to 2 in the same manner as described in OAR 603-057-0530(1)(d). (e) C = Cooperativeness on the part of the person to assist the department in its investigation and to the extent possible, rectify the violation. C will be weighted from -2 to 2 in the same manner as described in OAR 603-057-0530(1)(f). (2) If the calculation utilizing the formula in this section results in an amount more than $10,000, the Director will assess a penalty of $10,000. In addition, the Director may consider this adjustment if the Director remits or reduces the amount as provided in ORS 634.910 or OAR 603-057-0502(6). [ED. NOTE: Matrix referenced is available from the agency.] Statutory/Other Authority: ORS 561, 634 & 183.335(5) Statutes/Other Implemented: ORS 183.745, 634.006, 634.306, 634.322, 634.372 & 634.900 - 634.915 History: DOA 5-2016, f. & cert. ef. 2-26-16 DOA 6-2009, f. & cert. ef. 5-7-09 DOA 1-2009(Temp), f. & cert. ef. 1-23-09 thru 7-22-09
603-058-0110 Definitions In addition to the definitions set forth in ORS 633.006, and unless the context requires otherwise, the following shall apply to ORS 633.015 to 633.089 and OAR 603-058-0110 to 603-058-0290: (1) "AAFCO Official Publication" means the 2025 edition of the Official Publication of the Association of American Feed Control Officials (AAFCO). (2) "Consultant-formulated" feed means commercial feed manufactured for a final purchaser based upon formula and/or specifications developed by an independent consultant or feed manufacturer. (3) "Director" means the Director of the Oregon Department of Agriculture. (4) "Independent consultant" means any person who provides animal nutritional formulation to a feed purchaser as a service rather than the sale of feed. (5) "Labeling" means all labels and other written or graphic materials in print or electronic form, (a) Upon a product or any of its containers for wrappers, or (b) Accompanying or promoting such product. (6) "Lot identifier" means a unique identifier for each lot, batch or production run that enables the manufacturer to accurately trace the complete manufacturing and distribution history of the product. A lot identifier is an individual lot, batch or production run number, code, date, or other suitable identification applied to the label, container, or package. In the case of bulk feed the lot identifier is on a label, invoice, or shipping document accompanying the feed. (7) "Medicated feed" means a commercial feed in combination with a drug as defined in subsection (10) of ORS 633.006. (8) "Principal display panel" means the out-facing side of the feed tag, or if no tag, the part of the label that is most likely to be displayed, presented, shown or examined under normal or customary conditions of sale. (9) "Product" means an item readily distinguishable from any other item by its content, formula, formulation, brand name, trade name, manufacturer, use as specified in labeling, or other distinction, but not including packaging size or quantity. (10) "Repeat violation" means the same or similar violation by a person for which the Department has pursued an enforcement action, including alternative enforcement actions such as a letter of advisement, within the past five years, including a violation which is the subject of a pending appeal, but not including a violation addressed in an order that has been withdrawn or successfully appealed. Without limiting the foregoing, a person’s failure to register a commercial feed product after receiving a letter of advisement regarding nonregistration of a different commercial feed product, or a person’s sale of an unregistered product after receiving a letter of advisement regarding the sale of a different unregistered product, shall be considered a repeat violation. Statutory/Other Authority: ORS 633.006-089, 633.992, 561.605 & 561.620 History: DOA 4-2026, amend filed 01/26/2026, effective 01/26/2026 DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0116 Ingredient Definitions For the purposes of ORS 633.006 to 633.089, 633.992, and OAR 603-058-110 to 603-058-290, when required to conform with an ingredient definition, the following definitions shall be used: (1) As listed in chapter 6 of the AAFCO Official Publication; (2) As listed in the Code of Federal Regulations, Title 21(January 1, 2025 edition); or (3) An ingredient name and definition designated by the Department in OAR 603-058-0115. Statutory/Other Authority: ORS 663.067 & 633.055 Statutes/Other Implemented: ORS 633.006-089, 633.992, 561.605 & 561.620 History: DOA 4-2026, amend filed 01/26/2026, effective 01/26/2026 DOA 6-2025, amend filed 01/31/2025, effective 02/01/2025 DOA 12-2024, minor correction filed 05/30/2024, effective 05/30/2024 DOA 11-2024, adopt filed 05/29/2024, effective 05/29/2024
603-058-0117 Feed Terms For the purposes of ORS 633.006 to 633.089, 633.992, and OAR 603-058-110 to 603-058-290 the feed terms used in reference to commercial feed ingredients shall be those found in chapter 6 of the AAFCO Official Publication. Statutory/Other Authority: ORS 663.067 & 633.055 Statutes/Other Implemented: ORS 633.006-089, 633.992, 561.605 & 561.620 History: DOA 4-2026, amend filed 01/26/2026, effective 01/26/2026 DOA 6-2025, amend filed 01/31/2025, effective 02/01/2025 DOA 11-2024, adopt filed 05/29/2024, effective 05/29/2024
603-058-0120 Label Format for Commercial Feeds (1) Commercial feed, other than custom mixed feed or those exempt under OAR 603-058-0120(3), shall bear the information prescribed in this regulation on the label of the product and in the following format: (a) Product name and brand name, if any, as stipulated in OAR 603-058-0130(1); (b) If a drug is used, label as stipulated in OAR 603-058-0130(2); (c) Purpose statement as stipulated in OAR 603-058-0130(3); (d) Guaranteed analysis as stipulated in OAR 603-058-0130(4); (e) Feed ingredients as stipulated in OAR 603-058-0130(5); (f) Directions for use and precautionary statements as stipulated in OAR 603-058-0130(6); (g) Name and principal mailing address of manufacturer or persons responsible for distributing the feed as stipulated in OAR 603-058-0130(7); (h) Quantity statement as stipulated in OAR 603-058-0130(8); (i) Lot Number as stipulated in OAR 603-058-0130(9). (2) Principal Display Panel: (a) The information as required in OAR 603-058-0120(1)(a), (b), (c) and (h) must appear in its entirety on the principal display panel; (b) The information as required in OAR 603-058-0120(1)(d), (e), (f), (g) and (i) shall be displayed in a prominent place on the feed tag or label, but not necessarily on the principal display panel; (c) None of the information required by OAR 603-058-0120 shall be subordinated or obscured by other statements or designs. (3) The following commercial feed products are exempt from the label requirements specified under this rule: (a) Veterinary biologics regulated under the Federal Virus-Serum-Toxin Act and labelled in accordance with 9 CFR Part 112 (January 1, 2025 edition); and (b) Animal drugs regulated under the Federal Food, Drug, and Cosmetic Act and labelled in accordance with 21 CFR Part 500 (January 1, 2025 edition). Statutory/Other Authority: ORS 663.067 Statutes/Other Implemented: ORS 633.006-089, 633.992, 561.605 & 561.620 History: DOA 4-2026, amend filed 01/26/2026, effective 01/26/2026 DOA 6-2025, amend filed 01/31/2025, effective 02/01/2025 DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0125 Label Format for Custom Feeds Custom mixed feed shall be accompanied with the information prescribed in this regulation using labels, invoice, delivery ticket, or other shipping document bearing the following information: (1) The name and address of the manufacturer; (2) The name and address of the purchaser; (3) The date of sale or delivery; (4) The custom mixed feed name and brand name if any; (5) The product name and net quantity of each registered commercial feed and each other ingredient used in the mixture; [SS1] (6) The directions for use and precautionary statements as required by OAR 603-058-0130(6); (7) If a drug containing product is used: (a) The purpose of the medication (claim statement); (b) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with OAR 603-058-0130(2). (c) The statement: “This feed is formulated for (insert name of final consumer). No resale or other use is allowed.” 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 16-2011, f. & cert. ef. 9-19-11 DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0150 Substantiation of Nutritional Suitability (1) A commercial feed, other than custom mixed feed, pursuant to ORS 633.055(1) shall be nutritionally suitable for its intended purpose as represented by it’s labeling. (2) If the Department has reasonable cause to believe a commercial feed is not nutritionally suitable the Department may request the feed manufacturer to either submit an “Affidavit of Suitability” or an alternative procedure acceptable to the Department, certifying the nutritional adequacy of the feed. The Affidavit of Suitability or alternate procedure of suitability shall serve as substantiation of the suitability of the feed. (3) If the feed manufacturer does not submit an Affidavit of Suitability, or alternate procedure acceptable to the Department within 30 days of written notification the Department may deem the feed adulterated under ORS 633.045 and order the feed to be withdrawn from the market. (4) The Affidavit of Suitability shall contain the following information: (a) The feed company’s name; (b) The feed’s product name; (c) The name and title of the affiant submitting the document; (d) A statement that the affiant has knowledge of the nutritional content of the feed and based on valid scientific evidence the feed is nutritionally adequate for its intended purpose; (e) The date of submission; and (f) The notarized signature of the affiant. Statutory/Other Authority: ORS 633.006-089, 633.992, 561.605 & 561.620 History: DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0160 Labeling as to Ingredients (1) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the name as defined in OAR 603-058-0115. (2) The name of each ingredient must be shown in letters or type of the same size. (3) No reference to quality or grade of an ingredient shall appear in the ingredient statement of a feed. (4) The term “dehydrated” may precede the name of any product that has been artificially dried. (5) A single ingredient product is not required to have an ingredient statement. (6) Tentative definitions for ingredients shall not be used until adopted as official, unless no official definition exists or the ingredient has a common accepted name that requires no definition, (i.e. sugar). (7) When the word “iodized” is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.007% iodine, uniformly distributed. (8) Each carrier shall be listed in the ingredient statement on the label unless it meets the criteria for an incidental ingredient in 21 CFR 501.100(a)(3). 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 11-2024, amend filed 05/29/2024, effective 05/29/2024 DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0170 Labeling as to Directions for Use and Precautionary Statements (1) Directions for use and precautionary statements on the labeling of all commercial feeds and custom mixed feeds containing additives (including drugs, special purpose additives, or non-nutritive additives) shall: (a) Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and (b) Include, but not be limited to, all information described by all applicable regulations under the Federal Food, Drug and Cosmetic Act effective as of the date these rules are promulgated. (2) Adequate directions for use and precautionary statements are required for feeds containing non-protein nitrogen as specified in OAR 603-058-0180. (3) Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound. 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
603-058-0180 Non-Protein Nitrogen (1) Urea and other non-protein nitrogen products are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than 8.75% of equivalent crude protein from all forms of non-protein nitrogen, added as such, or the equivalent crude protein from all forms of non-protein nitrogen, added as such, exceeds one-third of the total crude protein, the label shall bear adequate directions for the safe use of feeds and a precautionary statement: “CAUTION: USE AS DIRECTED.” The directions for use and the caution statement shall be in a type of such size so placed on the label that they will be read and understood by ordinary persons under customary conditions of purchase and use. (2) Feeding or use directions for those feeds in which more than 50% of the protein content is derived from non-protein nitrogen sources should include recommendations as to providing adequate supplies of drinking water, sources of energy, forages being fed, minerals, adaptation (“warm-up”) periods and stress conditions when necessary. (3) Non-protein nitrogen ingredients, when so indicated, are acceptable ingredients in commercial feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein. The maximum equivalent crude protein from non-protein nitrogen sources when used in non-ruminant rations shall not exceed 1.25% of the total daily ration. (4) On labels such as those for medicated feeds which bear adequate feeding directions and /or warning statements, the presence of added non-protein nitrogen shall not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of non-protein nitrogen. 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 11-2024, amend filed 05/29/2024, effective 05/29/2024 DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0190 Drugs and Feed Additives (1) Prior to approval of a registration application and/or approval of a label for commercial feed which contains additives (including drugs, other special purpose additives, or non-nutritive additives) the distributor may be required to submit evidence to prove safety and efficacy of the commercial feed when used according to the directions furnished on the label. (2) Satisfactory evidence to prove safety and efficacy of a commercial feed may include: (a) When the commercial feed contains such additives, the use of the additive conforms to the requirements of the applicable ingredient definition in OAR 603-058-0116 for such intended use, or (b) When the commercial feed is itself a new animal drug as defined in Code of Federal Regulations, Title 21, Part 510.3 (g) effective as of the date these rules are promulgated and is generally recognized as safe and effective for the labeled use or is marketed subject to an application conditionally approved by the Food and Drug Administration under Sec. 512 [21 U.S.C. 360 b] of the Federal Food, Drug, and Cosmetic Act, or (c) When one of the purposes for feeding a commercial feed is to impart immunity (that is to act through some immunological process) the constituents imparting immunity have been approved for the purpose through the Federal Virus, Serum and Toxins Act of 1913, or (d) When the commercial feed is a direct fed microbial product and: (A) The product meets the particular fermentation product definition in OAR 603-058-0116, and (B) The microbial content statement, as expressed in the labeling, is limited to the following: “Contains a source of live (viable) naturally occurring microorganisms.” This statement shall appear on the label, and (C) The source is stated with a corresponding guarantee expressed in accordance with OAR 603-508-0140(7). (D) When the commercial feed is an enzyme product and: (i) The product meets the particular enzyme definition as defined in OAR 603-058-0116, and (ii) The enzyme activity is stated with a corresponding guarantee expressed in accordance with OAR 603-058-0140(8). 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 11-2024, amend filed 05/29/2024, effective 05/29/2024 DOA 13-2011, f. & cert. ef. 8-12-11