justicedao/ipfs_state_laws huggingface dataset:
603-095-4040 Prohibitions (1) No person may commence any removal-fill activities for the maintenance of a traditionally maintained channel unless a valid notice is posted on the Oregon Department of Agriculture website, the Department has not responded within 45 days of receiving a complete notification per ORS 196.915(3) and OAR 603-095 4020(6), or unless a removal-fill permit, pursuant to ORS Chapter 196.911, is obtained from the Oregon Department of State Lands. (2) No person may commence any removal activities in a traditionally maintained channel that is not dry unless a variance is obtained from the Oregon Department of Agriculture. The variance may be granted for a channel that is not dry due to a rain event and not indicative of a perennial stream. (3) A person with a valid notice may not conduct activities that result in removal of more than 3,000 cubic yards per linear mile of a traditionally maintained channel over the course of the five-year period for which the notice is valid. (4) A person with a valid notice may only spread in a thin layer excavated material in a converted wetland or where agricultural activity presently and historically has occurred, and not in a volume of greater than 3,000 cubic yards per linear mile of traditionally maintained channel over the course of the five-year period for which the notice is valid. (5) A person with a valid notice may not conduct any maintenance activities, remove or place fill material in a channel that has been designated by the Oregon Department of State Lands as Essential Indigenous Anadromous Salmonid Habitat, as defined in ORS 196.810. (6) A person with a valid notice may not, through the conduct or result of any maintenance activities, enlarge a water right or cause injury to an existing water right. (7) Maintenance activities must not violate any condition in the applicable valid notification. (8) No work associated with a valid notice may result in the permanent conversion of wetlands to uplands. (9) Maintenance activities shall not include altering traditionally maintained channels to allow for storage of water that could be used for irrigation. (10) Maintenance activities shall not be conducted in channels other than traditionally maintained channels, as defined in 603-095-4005(15). (11) Placement of material in wetlands not presently or historically disturbed by agricultural activities constitutes a material change to the depth or functionality of the wetland and is prohibited. Statutory/Other Authority: ORS 196.816, HB 2437 (2019) & ORS 196.906-919 Statutes/Other Implemented: ORS 196.816 & ORS 196.906-919 History: DOA 4-2021, amend filed 02/19/2021, effective 03/01/2021 DOA 17-2020, adopt filed 09/08/2020, effective 09/08/2020
603-095-4045 Variances (1) Prior to initiation of maintenance activities, a person with a notice on file with the Oregon Department of Agriculture may request a variance from any mandatory condition in the valid notice. Commencement of channel maintenance activities may not occur until the Department provides a concurrence or denial of the variance request. A variance may be requested at the same time as filing a notice. (2) Requests for a variance must be submitted on a form provided by the Department of Agriculture and shall include at a minimum the following information: (a) The mandatory condition(s) that are the subject of the request for the variance; (b) The reasons for the request for the variance; and (c) Proposed alternative actions that avoid or reduce the adverse effects to the resource and that protects, maintains, or improves the ecological function of the channel(s). (3) Within five days of receiving a complete variance request form, the Oregon Department of Agriculture shall forward the request for variance to the Oregon Department of Fish and Wildlife for review and consultation. (4) After consultation with the Oregon Department of Fish and Wildlife, the Department of Agriculture may authorize the variance with additional conditions or modification of conditions. (5) The Oregon Department of Agriculture may decide to deny the variance request. (a) All actions performed under a variance must demonstrate that they avoid or reduce the adverse effects to the resource, and that they protect, maintain, or improve the ecological function of the channel(s). (b) If a request for variance is not granted, work under the notice may commence and proceed only in accordance with mandatory conditions posted in the valid notice on the Department website. Statutory/Other Authority: ORS 196.816 Statutes/Other Implemented: ORS 196.816 History: DOA 17-2020, adopt filed 09/08/2020, effective 09/08/2020
603-095-4050 Entry Upon Land (1) Subject to paragraph (2) of this subsection, the Oregon Department of Agriculture or the Oregon Department of Fish and Wildlife may enter onto and inspect lands for which notices have been filed under ORS 196.900 – 196.919 and these rules in order to develop the recommendations and response required by under ORS 196.900 – 196.919 and these rules or to ascertain compliance with ORS 196.900 – 196.919 and these rules. (2) To enter onto and inspect lands under this subsection: (a) The Oregon Department of Agriculture shall first make a reasonable attempt to notify the landowner; and (b) The Departments may only enter onto and inspect the lands at a reasonable time. (c) Per ORS 196.915(6), the Oregon Department of Fish and Wildlife may not, without the express agreement of the person, district, company or corporation that filed the notice, enter onto and inspect the lands unless accompanied by the Oregon Department of Agriculture. Statutory/Other Authority: ORS 196.816 Statutes/Other Implemented: ORS 196.816 History: DOA 17-2020, adopt filed 09/08/2020, effective 09/08/2020
603-095-4055 Compliance and Enforcement Procedures (1) Upon finding that a person has engaged in removal-fill activities for the maintenance of a traditionally maintained channel without a permit required under ORS 196.810 and in violation of ORS 196.911, 196.913, or 196.915, and these rules, the Oregon Department of Agriculture, in consultation with the Oregon Department of State Lands and the Oregon Department of Fish and Wildlife, shall notify the person and direct the person to take any actions necessary to bring the maintenance activities into compliance with ORS 196.911, 196.913, or 196.915 and these rules within a reasonable period of time. (2) In all cases, the Oregon Department of Agriculture, in consultation with the Oregon Department of State Lands, shall make reasonable efforts to induce voluntary compliance, prior to the assessment of any civil penalty under ORS 196.890 for violation of ORS 196.911, 196.913, or 196.915 and these rules. (3) The Oregon Department of Agriculture may refer noncompliance concerns to the Oregon Department of State Lands to initiate any enforcement actions. Statutory/Other Authority: ORS 196.816 Statutes/Other Implemented: ORS 196.816 History: DOA 17-2020, adopt filed 09/08/2020, effective 09/08/2020
603-095-4060 Expedited Review (1) Upon a request from the person submitting a notice under ORS 196.911 and these rules, the Oregon Department of Agriculture and the Oregon Department of Fish and Wildlife may provide for expedited review under ORS 196.915(4) and these rules, if the expedited review is necessary to allow for maintenance activities to occur within a specific time period. (2) Expedited review requests shall be completed on a form provided by the Oregon Department of Agriculture. The form must be filled out completely and accurately. If not the Oregon Department of Agriculture may deny the request. The Department, in consultation with the Oregon Department of Fish and Wildlife, will consider immediate threats to public health, safety, or substantial property, including crop and farm land. Statutory/Other Authority: ORS 196.816 Statutes/Other Implemented: ORS 196.816 History: DOA 17-2020, adopt filed 09/08/2020, effective 09/08/2020
603-100-0010 Sanitation of Shellfish Growing Areas and Harvesting, Processing and Distribution of Shellfish As provided in ORS 622.180, the National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish, 2023 Revision, is hereby adopted as the rules governing this subject matter in Oregon. The material covered is that governing growing area survey and classification, controlled relaying, patrol of harvest areas, control of harvesting, aquaculture, laboratory and administrative procedures. In addition the rules cover the harvesting, handling and shipping of shellfish; wet storage; shucking and packing shellfish; shellfish shipping, heat shock, depuration and application of Hazardous Analysis Critical Control Point (HACCP). These rules are recommended by the Interstate Shellfish Sanitation Conference and the Food and Drug Administration of Health and Human Services. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 622.180 Statutes/Other Implemented: ORS 622.180 History: DOA 29-2024, amend filed 12/31/2024, effective 12/31/2024 DOA 2-2021, amend filed 02/10/2021, effective 03/01/2021 DOA 21-2017, minor correction filed 11/28/2017, effective 11/28/2017 DOA 17-2017, amend filed 11/01/2017, effective 11/01/2017 DOA 4-2014, f. & cert. ef. 2-24-14 DOA 13-2012, f. 5-29-12, cert. ef. 1-1-13 DOA 1-2007, f. & cert. ef. 1-2-07 DOA 11-1999, f. & cert. ef. 6-4-99, Renumbered from 333-191-0000 AD 22-1993, f. & cert. ef. 12-15-93 HD 24-1987, f. & cert. ef. 11-30-87
603-100-0030 Submission of Plans (1) Plans for a new shellfish plant or storage facility construction or existing plant remodeling shall be submitted to the Department for review and approval at least 90 days prior to actual construction. (2) Plans shall be submitted as blue-prints, photostats, or original drawing using India ink on substantial drawing paper. The following information shall be included in the plans: (a) Plot plan of grounds on which building is to be constructed or addition is to be located showing size of area and boundaries; (b) Floor and elevation plans drawn to scale showing the accurate location of equipment; (c) Specifications and design detail of equipment, location of plumbing fixtures, and materials used in all processing and storage areas; (d) If a privately owned public water system is used, plans meeting the specifications of OAR 333-061-0005 through 333-061-0095, Public Water Systems, must be submitted to and approved by the appropriate agency. Statutory/Other Authority: ORS 561.190 & 622.180 Statutes/Other Implemented: ORS 622.180 History: AD 22-1993, f. & cert. ef. 12-15-93, Renumbered from 333-198-0010 HD 24-1987, f. & ef. 11-30-87
603-100-0040 Growers and Harvesters (1) Growers and Harvesters must deliver shellfish intended for human consumption to a shellfish shipper certified by the Oregon Department of Agriculture within 24 hours of harvest. (2) Growers and Harvesters may only sell shellfish intended for human consumption to shellfish shippers certified by the Oregon Department of Agriculture. Statutory/Other Authority: ORS 561.190 & 622.180 Statutes/Other Implemented: ORS 622.180 History: DOA 1-2007, f. & cert. ef. 1-2-07
603-100-0050 Shellstock Harvesting and Distribution from Non-Interstate Approved Harvest Areas (1) Each tag of any shellstock harvested from a non-interstate approved harvest area shall include the following statement in bold capitalized type, “OREGON DISTRIBUTION ONLY.” (a) This requirement is in addition to the Shellstock Identification requirements found in the 2009 Version of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish. (2) Any person listed in the Interstate Certified Shellfish Shipper List (ICSSL) shall not sell or possess shellstock harvested from a non-interstate approved harvest area. Statutory/Other Authority: ORS 561.190 & 622.180 Statutes/Other Implemented: ORS 622.180 History: DOA 13-2012, f. 5-29-12, cert. ef. 1-1-13
603-100-0100 Certificate Fees; Rules As provided in ORS 622.080, the Oregon Department of Agriculture establishes the following fees for persons engaged in the growing, production, harvesting or distribution of shellfish: (1) Persons who receive $50,000 or less in annual gross income from all shellfish operations shall pay: (a) $300 for a certificate of shellfish sanitation as a shucker-packer, or repacker. 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, reshipper, or shellstock shipper. For any jobber or wholesaler who furnishes or sells shellfish to retail outlets; (d) $125 for a certificate of shellfish sanitation as a commercial harvester. For any person harvesting clams or mussels for commercial purposes. (2) Persons who receive more than $50,000, but not more than $500,000 in annual gross income from all shellfish operations shall pay: (a) $600 for a certificate of shellfish sanitation as a shucker-packer, or repacker. 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, reshipper, or shellstock shipper. For any jobber or wholesaler who furnishes or sells shellfish to retail outlets; (d) $200 for a certificate of shellfish sanitation as a commercial harvester. For any person harvesting clams or mussels for commercial purposes. (3) Persons who receive more than $500,000 in annual gross income from all shellfish operations shall pay: (a) $1,200 for a certificate of shellfish sanitation as a shucker-packer, or repacker. 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, reshipper, or shellstock shipper. 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. Statutory/Other Authority: ORS 561.190 & 622.080 Statutes/Other Implemented: ORS 622.080 History: DOA 25-2012, f. 10-30-12, cert. ef. 1-1-13
603-100-0105 Closure of Operations of Person Who Fails to Obtain a Required Certificate or Whose Certificate Lapses If a person fails to obtain a required certificate, or if a person allows a required certificate to lapse, the Department may order the closure of such person’s operations. In ordering the closure of a person’s operations for failing to obtain a required certificate or allowing a required certificate to lapse, the Department shall follow the procedures set forth in OAR 603-025-0520 to 603-025-0535. Statutory/Other Authority: ORS 616.697, ORS 616.695, ORS 632.705-632.815, ORS 619, ORS 621-622, ORS 624-625 & ORS 561.300 Statutes/Other Implemented: ORS 616.697 & ORS 183.745 History: DOA 20-2021, adopt filed 06/07/2021, effective 06/07/2021
603-100-0110 Annual Fees As provided in ORS 622.290, the Oregon Department of Agriculture establishes the following annual cultivation fees for the use of state lands to cultivate oysters, clams, or mussels: (1) For growing areas that have been classified as prohibited, persons shall pay $5 per year for each acre claimed pursuant to Chapter 675, Oregon Laws 1969, or claimed pursuant to a plat made subsequent thereto. (2) For growing areas that have been classified as approved, conditionally approved, restricted, or conditionally restricted shall pay $14 per year for each acre claimed pursuant to Chapter 675, Oregon Laws 1969, or claimed pursuant to a plat made subsequent thereto. Statutory/Other Authority: ORS 561.190 & 622.290 Statutes/Other Implemented: ORS 622.290 History: DOA 25-2012, f. 10-30-12, cert. ef. 1-1-13
603-100-0900 Purpose The Oregon Department of Agriculture Food Safety Program licenses and inspects all facets of Oregon’s food distribution system, except restaurants, to ensure food is safe for consumption. Education and technical assistance are vital to the prevention, correction, and abatement of food safety violations, and are preferred over regulatory action. However, regulatory action may be necessary to deter violations of food safety laws and rules, to educate persons about the consequences of such violations, and to compel compliance with food safety laws for the protection of consumers. The Department intends to initiate civil penalty actions when educational measures, technical assistance, warning letters, compliance agreements or other remedial measures fail to achieve compliance. Statutory/Other Authority: ORS 561.190 & 622.996 Statutes/Other Implemented: ORS 622.996 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-100-0910 Definitions As used in OAR 603-100-0920 through 603-100-0930, unless otherwise required by the context, the following terms will be construed to mean: (1) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction. (2) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur. (3) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences. (4) “Moderate,” with respect to violations, means an incident, or series of incidents that may cause temporary or medically reversible adverse health consequences, or where the probability of serious adverse health consequences is remote. (5) "Repeat violation" means the recurrence of the same violation for each 24-hour period after a notice of noncompliance or assessment of civil penalty was issued within the preceding three years. It does not include a violation if the previous notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed. (6) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation. (7) "Violation" means the failure to comply with any requirement of ORS 622.010 to 622.180, or any rule adopted thereunder. Statutory/Other Authority: ORS 561.190 & 622.996 Statutes/Other Implemented: ORS 622.996 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-100-0920 Schedule of Civil Penalties In addition to any penalty available under ORS 561.190 or 622.992, the Department may impose a civil penalty with respective amounts for: (1) Acting as a dealer without the certificate or certificates of shellfish sanitation issued by the Department as explained in ORS 622.020. Penalty — $5,000 to $10,000. (2) Operating outside of the geographic area specified in a validated certificate of shellfish sanitation as explained in ORS 622.040. Penalty — $5,000 to $10,000. (3) A dealer failing to display the certificate of a dealer or certificates of shellfish sanitation in accordance with the rules of ORS Chapter 622. Penalty — $100. (4) A dealer sending or accepting any shellfish without a signed statement in accordance with ORS 622.160. Penalties: (a) Minor — $1,000 to $4,000; (b) Moderate — $4,001 to $7,000; or (c) Major — $7,001 to $10,000. (5) A dealer who gathers or receives shellfish from any source other than designated in the certificate or certificates of shellfish sanitation and fails to keep accurate records of the amount and source of such shellfish, fails to retain the records for at least 90 days, or fails to provide access to the Department for inspection as explained in ORS 622.170. Penalties: (a) Minor — $1,000 to $4,000; (b) Moderate — $4,001 to $7,000; or (c) Major — $7,001 to $10,000. (6) Interference with a lawful inspection under ORS 622.180(2)(a). Penalty — $5,000 to $10,000. (7) Interference with the taking of samples as requested by the Department under ORS 622.180(2)(b). Penalties: (a) Minor — $1,000 to $4,000; (b) Moderate — $4,001 to $7,000; or (c) Major — $7,001 to $10,000. (8) Interference with the Department’s condemnation, removal from sale, or destruction of any shellfish that are unfit for consumption, from an uncertified source, or are improperly certified as explained in ORS 622.180(1)(c). Penalty — $5,000 to $10,000. (9) Violation of any requirement for dealers or harvesters found in the National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish, 2009 Revision. Penalties: (a) Minor — $1,000 to $4,000; (b) Moderate — $4,001 to $7,000; or (c) Major — $7,001 to $10,000. (10) Failure of a grower or harvester to deliver shellfish intended for human consumption to a certified shellfish shipper within 24 hours of harvest as explained in OAR 603-100-0040. Penalties: (a) Minor — $1,000 to $4,000; (b) Moderate — $4,001 to $7,000; or (c) Major — $7,001 to $10,000. (11) Failure to tag shellstock harvested from non-interstate approved harvest areas pursuant to OAR 603-100-0050. Penalties: (a) Minor — $1,000 to $4,000; (b) Moderate — $4,001 to $7,000; or (c) Major — $7,001 to $10,000. Statutory/Other Authority: ORS 561.190 & 622.996 Statutes/Other Implemented: ORS 622.996 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-100-0930 Penalty factors; procedure (1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 621.995, the Department shall consider the following factors, which are listed in prioritized order: (a) The immediacy and extent to which the violation threatens the public health or safety. (b) Any prior violations of statutes, rules or orders pertaining shellfish. (c) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation. (2) Each 24-hour period a violation continues after the period of time established for compliance will be considered a separate violation unless the Department finds a different period of time is more appropriate to describe the specific violation event. (3) Repeat violations of OAR 603-024-0910 will be assessed as three times the penalty amount in OAR 603-024-0910, not to exceed $10,000. (4) A civil penalty imposed under this rule will comply with ORS 183.745, except that the written application for a hearing must be received by the Department no later than 10 days after the mailing or personal service of the notice of civil penalty. Statutory/Other Authority: ORS 561.190 & 622.996 Statutes/Other Implemented: ORS 622.996 History: DOA 2-2013, f. & cert. ef. 2-7-13