justicedao/ipfs_state_laws huggingface dataset:
603-051-0010 Tolerances (1) In order to allow for variations incident to proper grading and handling in each of the Oregon grades (OAR 603-051-0005), the following tolerances are provided as specified: (a) Defects: (A) Oregon Extra Fancy, Oregon Fancy, and Oregon Hail grades: Ten percent of the apples in any lot may fail to meet the requirement of the grade, but not more than 1/2 of this amount, or five percent, shall be allowed for apples which are seriously damaged, including therein not more than one percent for apples affected by decay or internal breakdown. (B) Oregon C grade: Ten percent of the apples in any lot may fail to meet the requirements of the grade, but not more than 1/2 of this amount, or five percent, shall be allowed for apples which are seriously damaged by insects and including in the total tolerance not more than one percent for apples affected by decay or internal breakdown. (b) When applying the foregoing tolerances to Combination grades, no part of any tolerance shall be allowed to reduce, for the lot as a whole, the 25 percent of apples of the higher grade required in the combination, but individual containers shall have not less than 15 percent of the higher grade; (c) Size: When size is designated by the numerical count for a container, not more than five percent of the apples in the lot may vary more than 1/4 inch in diameter. When size is designated by minimum or maximum diameter, not more than five percent of the apples in any lot may be smaller than the designated minimum and not more than 10 percent may be larger than the designated maximum. (2) Application of Tolerances. The contents of individual packages in the lot are subject to the following limitations; provided, that the averages for the entire lot are within the tolerances specified for the grade: (a) Packages which contain more than 10 pounds shall have not more than 1-1/2 times a specified tolerance of 10 percent or more and not more than double a tolerance of less than 10 percent, except that at least one apple which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any package; (b) Packages which contain 10 pounds or less. Not over 10 percent of the packages may have more than three times the tolerance specified, except that at least one defective apple may be permitted in any package; provided, that no more than one apple or more than six percent (whichever is the larger amount) may be seriously damaged by insects or affected by decay or internal breakdown. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 926(12-70), f. 9-2-70, ef. 10-1-70 AD 787, f. 8-12-64, ef. 9-1-64
603-051-0011 Calculation of Percentages As applied to Oregon grades (OAR 603-051-0005) calculation of percentages shall be on the basis of count. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 926(12-70), f. 9-2-70, ef. 10-1-70 AD 787(11-64), f. 8-12-64, ef. 9-1-64
603-051-0013 Condition After Storage or Transit As applied to Oregon grades (OAR 603-051-0005), decay, scald, or any other deterioration which may have developed on apples after they have been in storage or transit shall be considered as affecting condition and not the grade. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 926(12-70), f. 9-2-70, ef. 10-1-70 AD 787(11-64), f. 8-12-64, ef. 9-1-64
603-051-0014 Marking Requirements As applied to Oregon grades (OAR 603-051-0005): (1) The numerical count or the minimum diameter of the apples packed in a closed container shall be indicated on the container. (2) When the numerical count is not shown, the minimum diameter shall be plainly stamped, stenciled, or otherwise marked on the container in terms of whole inches, or whole inches and not less than eighth inch fractions thereof, in accordance with the facts. Net weight shall be similarly marked in terms of whole pounds, avoirdupois, in accordance with the facts. (3) Only the following abbreviations are approved and permitted for marking grade on containers: (a) Ore. Ex. Fcy. — Oregon Extra Fancy; (b) Ore. Fcy. — Oregon Fancy; (c) Ore. C — Oregon C; (d) Ore. Hail — Oregon Hail; (e) Comb. — Combination (used in conjunction with combination grades). Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 926(12-70), f. 9-2-70, ef. 10-1-70 AD 787(11-64), f. 8-12-64, ef. 9-1-64
603-051-0015 Color Requirements (1) In addition to the requirements specified for grades set forth in OAR 603-051-0005 apples of these grades shall have the percentage of color specified for the variety in Table 1. For the solid red varieties, the percentage stated refers to the area of the surface which must be covered with a good shade of solid red characteristic of the variety; provided, that an apple having color of a lighter shade of solid red or striped red than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade. For the striped red varieties, the percentage stated refers to the area of the surface in which the stripes of a good shade of red characteristic of the variety shall predominate over stripes of lighter red, green, or yellow. However, an apple having color of a lighter shade than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of stripes of a good red characteristic of the variety required for the grade. Faded brown stripes shall not be considered as color. (2) In the following, no color is required in any Oregon grade: Natural blush is not objectionable: Golden Delicious, Gravenstein, Ortley, Newtown, Yellow Transparent, or other similar varieties. [ED. NOTE: Tables 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 926(12-70), f. 9-2-70, ef. 10-1-70 AD 787(11-64), f. 8-12-64, ef. 9-1-64
603-051-0026 U.S. Standards Adopted as State Standards (1) In addition to standards prescribed in OAR 603-051-0005 to 603-051-0020, there hereby are adopted as the Standards of the State of Oregon For Apples adopted by the United States Department of Agriculture effective September 1, 1964, as amended and in effect October 1, 1966. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.300 to 51.323, a copy of which is filed herewith and by this reference made a part hereof. (2) The use of United States standards for grades pursuant to this section or of Oregon standards for grades pursuant to OAR 603-051-0005 is optional: However, the federal standards included in CFR Section 51.305 to 51.323 are applicable only to United States grades. [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 880(11-68), f. 6-11-68 AD 926(12-70), f. 9-2-70, ef. 10-1-70 AD 787(11-64), f. 8-12-64, ef. 9-1-64
603-051-0045 Apricots Official Standards The United States Standards For Apricots adopted by the United States Department of Agriculture effective May 25, 1928, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for apricots. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2925 to 51.2932, 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 728, f. 7-2-63
603-051-0061 Oregon No. 1 Grade “Oregon No. 1” consists of stalks of asparagus which are fresh and fairly straight; which are free from decay and free from damage caused by spreading or broken tips, dirt, disease, insects, or other means: (1) Size. Unless otherwise specified, the diameter of each stalk is not less than 3/8 inch. (2) Color. Unless otherwise specified, not less than two-thirds of the stalk length is of a green color. (3) Tolerances. In order to allow for variations incident to proper grading and handling, the following tolerances, by count, are provided as specified: (a) For defects. Ten percent for stalks in any lot which fail to meet the requirements of this grade, including therein not more than five percent for defects causing serious damage; provided, that not more than 1/5 of this latter amount, or one percent, shall be allowed for stalks affected by decay; (b) For off-size. Ten percent for stalks in any lot which fail to meet the specified diameter or length requirements. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 1023(13-74), f. 4-19-74, ef. 5-11-74
603-051-0062 Oregon No. 2 Grade “Oregon No. 2” consists of stalks of asparagus which are fresh and not badly misshapen; which are free from decay and free from serious damage caused by spreading or broken tips, dirt, disease, insects or other means: (1) Size. Unless otherwise specified, the diameter of each stalk is not less than 5/16 inch. (2) Color. Unless otherwise specified, not less than 1/2 of the stalk length is of a green color. (3) Tolerances. In order to allow for variations incident to proper grading and handling, the following tolerances, by count, are provided as specified: (a) For defects. Ten percent for stalks in any lot which fail to meet the requirements of this grade, including therein not more than 1/10 of this tolerance, or one percent, shall be allowed for stalks affected by decay; (b) For off-size. Ten percent for stalks in any lot which fail to meet the specified diameter or length requirements. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 1023(13-74), f. 4-19-74, ef. 5-11-74
603-051-0063 Unclassified “Unclassified” consists of stalks of asparagus which have not been classified in accordance with any of the foregoing grades. The term “unclassified” is not a grade within the meaning of these standards but is provided as a designation to show that no grade has been applied to the lot. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 1023(13-74), f. 4-19-74, ef. 5-11-74
603-051-0064 Application of Tolerances The contents of individual packages in the lot are subject to the following limitations: (1) Packages which contain more than 50 stalks shall have not more than 1-1/2 times a specified tolerance of 10 percent or more, or not more than double a specified tolerance of less than 10 percent; provided, that the averages for the entire lot are within the tolerances specified for the grade. (2) Packages which contain 50 stalks or less shall have not more than four times the tolerances specified, except that at least two defective and two off-size stalks may be permitted in any package; provided, that not more than one stalk which is affected by decay may be permitted in any package; and provided further, that the averages for the entire lot are within the tolerances specified for the grade. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 1023(13-74), f. 4-19-74, ef. 5-11-74
603-051-0065 Diameter Classification Any lot of asparagus may be classified as Small, Medium, or Large, if eighty percent, by count, of the stalks in any lot conform to the following requirements for such sizes: (1) Small — 3/8 to 9/16 inch; (2) Medium — 9/16 to 3/4 inch; (3) Large — over 3/4 inch. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 1023(13-74), f. 4-19-74, ef. 5-11-74
603-051-0066 Amount of Green Color When the asparagus in a lot has less or more green color than is specified in the grade, it may be described as 1/4 stalk length green, 3/4 stalk length green, etc., in accordance with the facts. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 1023(13-74), f. 4-19-74, ef. 5-11-74
603-051-0067 Stalk Length There is no minimum stalk length specified in the grades, but the minimum stalk length may be stated in terms of whole inches or whole and half inches in connection with the grade designation as “Oregon No. 1, 8-1/2 inch minimum,” “Oregon No. 1 Large, 7-inch minimum,” “Oregon No. 1 Large, 10-1/2 inch minimum,” etc., in accordance with the facts. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 1023(13-74), f. 4-19-74, ef. 5-11-74
603-051-0068 Definitions (1) “Fresh” means that the stalk is not limp or flabby. (2) “Damage” means any defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the stalk. (3) “Diameter” means the greatest thickness of the stalk measured at a point approximately one inch from the butt. (4) “Badly Misshapen” means that the stalk is so badly flattened, crooked, or otherwise so badly deformed that its appearance is seriously affected. (5) “Serious Damage” means any defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the stalk. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 1023(13-74), f. 4-19-74, ef. 5-11-74
603-051-0075 Official Standards The United States Standards for Snap Beans adopted by the United States Department of Agriculture effective August 1, 1936, and in effect on January 1, l963, hereby are adopted as the standards of the State of Oregon for snap beans. A copy of such federal 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 730, f. 7-2-63
603-051-0090 Official Standards The United States Standards for Beets adopted by the United States Department of Agriculture effective August 1, l955, and in effect January 1, 1963, hereby are adopted as the standards of the State of Oregon for beets. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.375 to 51.394, 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 731, f. 7-2-63
603-051-0105 Official Standards The United States Standards for Brussels Sprouts adopted by the United States Department of Agriculture effective January 18, 1954, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for Brussels sprouts. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2250 to 51.2262, 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 732, f. 7-2-63
603-051-0120 Official Standards The United States Standards for Cabbage adopted by the United States Department of Agriculture effective September 1, 1945, and in effect January 1, 1963, hereby are adopted as the standards of the State of Oregon for cabbage. A copy of such federal 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 733, f. 7-2-63
603-051-0135 Official Standards The United States Standards for Cantaloupes 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 cantaloupes. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.475 to 51.497, 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 734, f. 7-2-63
603-051-0150 Official Standards The United States Standards for Bunched Carrots adopted by the United States Department of Agriculture effective September 18, 1954, and in effect on January 1, l963, hereby are adopted as the standards of the State of Oregon for bunched carrots. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2455 to 51.2471, 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 735, f. 7-2-63
603-051-0165 Official Standards The United States Standards for Cauliflower adopted by the United States Department of Agriculture in effect on July 1, l969, hereby are adopted as the standards of the State of Oregon for cauliflower. A copy of such federal 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 903(9-69), f. 8-11-69, ef. 8-15-69 AD 736, f. 7-2-63
603-051-0180 Official Standards The United States Standards for Celery adopted by the United States Department of Agriculture effective April 7, 1959, and in effect on January 1, l963, hereby are adopted as the standards of the State of Oregon for celery. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.560 to 51.588, 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 737, f. 7-2-63
603-051-0205 Tolerances for Certification of Lots of Oregon No. 1 or 2 Grade Sulphured Cherries (1) The tolerances for certification of lots of Oregon No. 1 or 2 grades of sulphured cherries shall be on a container basis. However, not to exceed 1/6 of the individual containers in any lot may vary from the specified tolerances provided the averages for the entire lot, based on sample inspection, are within the tolerances specified. For a tolerance of 10 percent or more, individual containers in any lot may contain not more than 1-1/2 times the tolerance specified. For a tolerance of less than 10 percent, individual containers in any lot may contain not more than double the tolerance specified. (2) In pitted cherries: (a) Of extra small and small sizes, there shall not be found in excess of two pits per each 40 ounces of cherries; (b) Of medium, large, or mixed sizes, there shall not be found in excess of one pit per each 40 ounces of cherries; (c) Of extra large size, there shall not be found in excess of one pit per each 60 ounces of cherries. Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 469, f. & ef. 5-20-54
603-051-0210 Sizes The following approximate sizes shall be considered as standards for all grades of sulphured cherries except for halved cherries: (1) Extra Small: 14 mm. to and including 16 mm. (2) Small: 16 mm. to and including 18 mm. (3) Medium: 18 mm. to and including 20 mm. (4) Large: 20 mm. to and including 22 mm. (5) Extra Large: 22 mm. and over. Statutory/Other Authority: ORS 616 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 469, f. & ef. 5-20-54
603-051-0225 Official Standards The United States Standards For Grades of Sweet Cherries adopted by the United States Department of Agriculture (36 F. R. 8502) effective May 7, 1971, are hereby adopted as the official standards for sweet cherries within the State of Oregon, save and except that specifically set forth hereafter. A copy of such federal standards is filed herewith and by this reference made a part hereof. The exception to such federal standards is in reference to Section 51.2648(b)(1) of such federal standards, so that the Oregon standard for the grade “Oregon No. 1” would provide for 24 percent for cherries in any lot rather than the 12 percent provided in said federal standard. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.900 - 632.980 History: AD 12-1978, f. & ef. 7-17-78 AD 7-1978(Temp), f. & ef. 6-5-78 AD 937(6-71), f. 7-19-71, ef. 7-19-71 AD 738, f. 7-2-63
603-051-0240 Official Standards The United States Standards For Green Corn adopted by the United States Department of Agriculture effective May 18, 1954, and in effect on January 1, l963, hereby are adopted as the standards for the State of Oregon for green corn. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.835 to 51.857, 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 739, f. 7-2-63
603-051-0255 Dewberries and Blackberries Official Standards The United States Standards For Dewberries and Blackberries adopted by the United States Department of Agriculture effective February 13, 1928, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for dewberries and blackberries. A copy of such federal 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 740, f. 7-2-63
603-051-0268 Official Standards The United States Standards For Grades of Filberts in Shell adopted by the United States Department of Agriculture on July 14, 1970. Effective September 1, 1970, are hereby adopted as a standard of the State of Oregon for filberts in shell. Such federal standards are as contained in Sections 51.1995 to 51.2009 of 35 Federal Register 11453. A copy of such regulations is filed herewith and by this reference made a part hereof. In addition thereto, OAR 603-51-273, 603-51-278, 603-51-283, and 603-51-288 of this Order are also hereby adopted as standards of the State of Oregon for filberts in shell. [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 939(14-70), f. 10-20-70, ef. 11-1-70