justicedao/ipfs_state_laws huggingface dataset:
603-021-0920 Schedule of Civil Penalties In addition to any penalty available under ORS 561.190 or 635.991, the Department may issue civil penalties with respective amounts for: (1) Operating or participating in the operation of any bakery within this state without a license for that bakery pursuant to ORS 625.020(1). Penalties: (a) Minor — $2,000 to $6,000; (b) Moderate — $6,001 to $8,000; or (c) Major — $8,001 to $10,000. (2) Failure to display the numbered license certificate in a licensed bakery in accordance with ORS 625.070. Penalty — $100. (3) Engaging within this state in the sale or distribution of any bakery product, other than exclusively as a retail food store or otherwise at retail at a fixed place or places of business, without holding a license so to do issued to that person by the Department pursuant to ORS 625.080. Penalties: (a) Minor — $2,500 to $5,000; (b) Moderate — $5,001 to $7,500; or (c) Major — $7,501 to $10,000. (4) Failure to display the numbered license certificate of a distributor licensed in accordance with ORS 625.120. Penalty — $100. (5) Interference with a lawful inspection authorized under ORS 625.140. Penalty — $5,000 to $10,000. (6) Violation of ORS 625.215, relating to prohibited bakery products. Penalties: (a) Minor — $100 to $4,000; (b) Moderate — $4,001 to $7,000; or (c) Major — $7,001 to $10,000. (7) Violation of labeling standards in OAR 603-021-0015. Penalties: (a) Minor — $500 to $4,000; (b) Moderate — $4,001 to $7,000; or (c) Major — $7,001 to $10,000. (8) Failure to meet the standard of identity for Bakery Products, cereal flours and related products with an established state or federal standard of identity as explained in ORS 616.780. Penalties: (a) Minor — $1,000 to $4,000; (b) Moderate — $4,001 to $7,000; or (c) Major — $7,001 to $10,000. (9) Operating or engaging in the business of a nonalcoholic beverage manufacturer without first obtaining and thereafter maintaining a license, or renewal thereof, from the Department pursuant to ORS 635.027. Penalty — $5,000 to $10,000. (10) Failure to maintain adequate sanitation or other measures as described in OAR 603-021-0007, 603-021-0010, 603-021-0710, or 603-021-0720 to 603-021-0750. Penalty — $500 to $5,000. (11) Failure to maintain adequate facilities as described in OAR 603-021-0715. Penalty — $500 to $5,000. (12) Labeling carbonated beverages, still drinks, or mineral waters inconsistent with the provisions of OAR 603-021-0755. Penalties: (a) Minor — $500 to $4,000; (b) Moderate — $4,001 to $7,000; or (c) Major — $7,001 to $10,000. Statutory/Other Authority: ORS 561.190, 625.995 & 635.995 Statutes/Other Implemented: ORS 625.995 & 635.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-021-0930 Penalty factors; procedure (1) In imposing a penalty pursuant to the schedule adopted under ORS 625.995 or 635.995, 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 to Bakeries, Bakery Products, or Nonalcoholic Beverages. (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 603-021-0910 will be assessed as three times the penalty amount in OAR 603-021-0910, 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, 625.995 & 635.995 Statutes/Other Implemented: ORS 625.995 & 635.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-022-0005 Definitions For the purpose of OAR 603-022-0010 to 603-022-0055: (1) "Container" means any box, case, basket, carton, sack, bag, rack or other receptacle in which eggs are placed. (2) "Fee" means the sum established by the Department as provided for by ORS 632.715 and prescribed by OAR 603-022-0010 for egg handlers first selling eggs in Oregon. (3) “Oregon grading” means grading made on a lot of eggs at a plant where the eggs are graded and packed. (4) "Permit Number" means an identification number issued by the Department or a USDA plant number issued to an egg handler to be placed on the container in which eggs are sold to the consumer. Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.811 History: DOA 24-2004, f. & cert. ef. 10-28-04 AD 10-1988, f. 12-19-88, cert. ef. 1-1-89 AD 1079(3-67), f. & ef. 2-3-76 AD 800(7-65), f. 8-3-65, ef. 1-1-66
603-022-0010 Oregon State Egg Fee (1) Except as provided in OAR 603-022-0010(2), a fee of 2 ½ mills per dozen eggs is hereby established for eggs first sold in Oregon. (2) Firms producing or distributing fewer than 101 dozen eggs per week are exempt from Oregon State Egg Fees. Statutory/Other Authority: ORS 632 & ORS 561 Statutes/Other Implemented: ORS 632.811 History: DOA 11-2018, amend filed 03/12/2018, effective 03/12/2018 AD 10-1988, f. 12-19-88, cert. ef. 1-1-89 AD 16-1977, f. 7-15-77, ef. 8-1-77 AD 985(1-73), f. 1-5-73, ef. 2-1-73 AD 800(7-65), f. 8-3-65, ef. 1-1-66
603-022-0025 Payment of Fees Except as provided in OAR 603-022-0010(2), each handler first selling eggs in Oregon shall complete, sign, and forward to the Department, on forms provided by the Department, a monthly report showing the dozen eggs first sold to consumers in Oregon. The report for each month, along with the fees due as shown on the report, are due at the following frequency, no later than 30th calendar day of the month following the reporting period in which the eggs were first sold. (1) Annually: Firms that produce or distribute 101-349 dozen eggs per week (2) Quarterly: Firms that produce or distribute 350-999 dozen eggs per week (3) Monthly: Firms that produce or distribute 1,000 dozen eggs per week or more. Statutory/Other Authority: ORS 561, 632 Statutes/Other Implemented: ORS 632.741, 632.811 History: DOA 11-2018, amend filed 03/12/2018, effective 03/12/2018 AD 10-1988, f. 12-19-88, cert. ef. 1-1-89 AD 800(7-65), f. 8-3-65, ef. 1-1-66
603-022-0055 Display of Assigned Permit Number on Container (1) The Department will assign each egg handler a permit number to be placed on egg containers that they first sell in Oregon. If the egg handler is located outside of Oregon and has been assigned a permit number by another state, the Department will accept that number as the assigned permit number. (2) The assigned permit number must appear on the end or side of the consumer egg container in bold face letters at least 1/8 inch in height. Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.811 History: AD 10-1988, f. 12-19-88, cert. ef. 1-1-89 AD 1079(3-76), f. & ef. 2-3-76
603-022-0101 Eggs and Egg Products As provided in ORS 632.811, the regulations governing this subject matter, adopted by the Food and Drug Administration of the United States Department of Health, Education, and Welfare and in effect as of April 1, 2001, are hereby adopted as the rules governing this subject matter in Oregon. Such federal regulations are contained in Title 21, Chapter 1, Part 160 of the Code of Federal Regulations and entitled "Eggs and Egg Products.” Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.811 History: DOA 24-2004, f. & cert. ef. 10-28-04 AD 7-1982, f. & ef. 7-9-82 AD 1075(21-75), f. & ef. 12-31-75
603-022-0300 Application (1) The Oregon standards for quality of individual shell eggs contained in this subpart are applicable only to eggs that are the product of the domesticated chicken hen and are in the shell. (2) Interior egg quality specifications for these standards are based on the apparent condition of the interior contents of the egg as it is twirled before the candling light. Any type or make of candling light may be used that will enable the particular grader to make consistently accurate determination of the interior quality of shell eggs. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: AD 977(10-72), f. 8-28-72, ef. 9-15-72
603-022-0305 Quality Grade Standards (1) AA Quality. The shell must be clean, unbroken, and practically normal. The air cell must not exceed 1/8 inch in depth, may show unlimited movement, and may be free or bubbly. The white must be clear and firm so that the yolk is only slightly defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects. (2) A Quality. The shell must be clean, unbroken, and practically normal. The air cell must not exceed 3/16 inch in depth, may show unlimited movement, and may be free or bubbly. The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects. (3) B Quality. The shell must be unbroken, may be abnormal and may have slightly stained areas. Moderately stained areas are permitted if they do not cover more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered. Eggs having shells with prominent stains or adhering dirt are not permitted. The air cell may be over 3/8 inch in depth, may show unlimited movement, and may be free or bubbly. The white may be weak so that the yolk outline is plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged and flattened, and may show clearly visible germ development but no blood due to such development. It may show other serious defects that do not render the egg inedible. Small blood spots or meat spots (aggregating not more than 1/8 inch in diameter) may be present. Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.811 History: AD 7-1982, f. & ef. 7-9-82 AD 1079(3-76), f. & ef. 2-3-76 AD 977(10-72), f. 8-28-72, ef. 9-15-72
603-022-0320 Summary of Oregon Standards for Quality of Individual Shell Eggs Specifications for each quality factor are those set forth in Table 1. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.811 History: AD 7-1982, f. & ef. 7-9-82 AD 1079(3-76), f. & ef. 2-3-76 AD 977(10-72), f. 8-2-72, ef. 9-15-72
603-022-0325 General (1) These grades are applicable to edible shell eggs in "lot" quantities rather than on an "individual" egg basis. A lot may contain any quantity of two or more eggs. Reference in these standards to the term "case" means 30 dozen egg cases as used in commercial practices in Oregon. The size of the sample used to determine grade shall be on the basis of the requirements as set out in Table 2. For each additional 50 cases, or fraction thereof, in excess of 600 cases, one additional case shall be included in the sample. A minimum of 100 eggs per sample case shall be examined. For lots which consist of less than one case, 50 eggs shall be examined and, in instances when there are less than 50 eggs in a lot, all eggs shall be examined. (2) Terms used in this section that are defined in the Oregon standards for quality of individual shell eggs have the same meaning in this section as in those standards. (3) Aggregate tolerances are permitted within each consumer grade only as an allowance for variable efficiency and interpretation of graders, normal changes under favorable conditions during reasonable periods between grading and inspection, and reasonable variation of graders' interpretation. (4) Substitution of higher qualities for the lower qualities specified is permitted. (5) The percentage requirements for grades as set forth in OAR 603-022-0330 and 603-022-0335 are applicable except that interior quality factors shall be determined in accordance with the definitions of OAR 603-022-0310(8), (9), and (10) when the lot is labeled. [ED NOTE: Tables referenced in this rule are available from the agency.] Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: DOA 24-2004, f. & cert. ef. 10-28-04 AD 1079(3-76), f. & ef. 2-3-76 AD 977(10-72), f. 8-2-72, ef. 9-15-72
603-022-0335 Summary of Grade Tolerances The Summary of Oregon Consumer Grades for Shell Eggs, and Tolerances for Individual Case Within a Lot, are set forth in Tables 3 and 4. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 632 Statutes/Other Implemented: ORS 632.811 History: AD 7-1982, f. & ef. 7-9-82 AD 1079(3-76), f. & ef. 2-3-76 AD 977(10-72), f. 8-2-72, ef. 9-15-72
603-022-0340 Weight Classes (1) The weight classes for Oregon Consumer Grades for Shell Eggs shall be as indicated in Table 5 and shall apply to all consumer grades. (2) A lot average tolerance of 3.3 percent for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds five percent. [ED NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: DOA 24-2004, f. & cert. ef. 10-28-04 AD 977(10-72), f. 8-2-72, ef. 9-15-72
603-022-0345 Labeling Each egg container or subcontainer shall be plainly marked in boldface type letters which are in contrast with background color with: (1) The name and address of the producer, wholesaler, or retailer by or for whom the eggs were packed; Oregon plant number or USDA plant number, marking required by ORS 616.800 et seq., and the full, correct, and unabbreviated designation of the grade and size in accordance with the provisions of ORS Chapter 632 and OAR 603-022-0305 and 603-022-0340. (2) Grade and size marking shall appear on the outside top face of containers holding less than 15 dozen in lettering of not less than 1/4 of an inch in height. (3) Grade and size marking shall appear on the end of container holding 15 dozen or more eggs in lettering of not less than 1/2 of an inch in height. (4) Description and type of marking required by ORS 616.800 et seq., shall be approved by and placed on file with the Department. (5) All labeling requirements of this section, with exception of sections (2) and (3) of this rule relating to grade and size labeling, shall appear prominently on the container with the exception of the marking required by ORS 616.800 et seq., which may appear on the end or back of the container. (6) There shall be no abbreviation of correct grade and size designation on signs required by ORS Chapter 632 to be on bulk containers of eggs being held or offered for sale. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: DOA 24-2004, f. & cert. ef. 10-28-04 AD 1079(3-76), f. & ef. 2-3-76 AD 977(10-72), f. 8-2-72, ef. 9-15-72
603-022-0350 Advertisements (1) No person shall in any manner advertise the price of any eggs for sale at retail without including in the advertisement a prominent statement of the correct grade and size of such eggs according to the grades and standards prescribed by this order. (2) No eggs other than grade AA or A shall be sold, offered for sale, or advertised for sale in any manner as “fresh eggs,” “ranch eggs,” “farm eggs,” or to represent the same to be fresh. (3) The provisions of section (1) and (2) of this rule do not apply to a producer selling ungraded eggs of his own production on the premises where such eggs are produced. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: AD 977(10-72), f. 8-2-72, ef. 9-15-72
603-022-0400 Egg handler license exemptions Unless the person holds a permit issued under ORS 632.730, a person may not sell or distribute within this state any eggs to consumers or to retailers without having first obtained an egg handler’s license from the State Department of Agriculture. The license is not required: (1) Of a producer selling and delivering eggs of the producer’s own production directly to an individual consumer; (2) For the sale of uncandled eggs to other than a consumer; or (3) For the sale by a retailer to a consumer of eggs that previously have been candled and graded by an egg handler in compliance with ORS 632.705 to 632.815. (4) For the sale on consignment under ORS 616.683(3)(d) of eggs produced by a licensed egg handler. Statutory/Other Authority: ORS 561, 616 &632 Statutes/Other Implemented: ORS 616.683, ORS 632.715 History: DOA 11-2018, adopt filed 03/12/2018, effective 03/12/2018
603-022-0500 Candling and Grading Room (1) Size and location. A separate room shall be provided of adequate size and location to accommodate in a sanitary manner the equipment and volume of eggs being candled and graded for human consumption as shell eggs. (2) Floor: (a) Floor shall be constructed of washable materials, tight, reasonably smooth, and in good repair; (b) Floor drains shall be provided where floors are subjected to flood type cleaning or where normal operations release or discharge water or liquid wastes on floor; (c) Floor shall be kept clean. (3) Walls and ceiling: (a) Walls and ceiling shall be kept clean, in good repair, and free of cobwebs and dust; (b) Ceiling shall be dust tight if space overhead is used for storage or other purposes. (4) Doors and windows. Effective means shall be provided to prevent entrance insofar as practicable of insects, rodents, and dust. (5) Lighting and ventilation: (a) Ample natural and/or artificial lighting shall be provided for egg handling, cleaning, candling, and grading operations; (b) Adequate ventilation shall be provided to maintain room reasonably free from strong and undesirable odors, dust, and excessive condensation. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: AD 811(18-65), f. 12-21-65, ef. 1-1-66
603-022-0505 Toilet Room and Waste Disposal (1) The toilet room shall be conveniently located and constructed and plumbed to comply with Oregon State Health Division requirements. The toilet room shall not open directly into the candling and grading room. (2) Toilet room, dressing room, and fixtures shall be kept in a clean condition, in good repair, and shall be well ventilated and lighted. (3) Toilet room shall be also equipped with handwashing facilities including soap and sanitary towels. No person or employee shall resume work after going to the toilet without first washing his hands. (4) A sanitary covered waste disposal container shall be provided where needed. (5) Sewage and other liquid wastes disposal system shall comply with Oregon State Health Division requirements. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: AD 811(18-65), f. 12-21-65, ef. 1-1-66
603-022-0510 Supply Area A room or storage space area shall be provided for empty egg cartons, fillers, flats, cases, and other supplies used in the grading, packing, and storage of eggs. The storage area shall be kept clean, in good repair, and free of contaminating substances or products. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: AD 811(18-65), f. 12-21-65, ef. 1-1-66
603-022-0515 Holding or Cold Room Graded and ungraded eggs and shall be stored in a manner to that they prevent cross-contamination and shall be kept clean, free of mold and objectionable odors, and properly lighted. The room shall be so constructed and equipped so that a temperature not to exceed 45 degrees F. can be maintained. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: DOA 24-2004, f. & cert. ef. 10-28-04 AD 1079(3-76), f. & ef. 2-3-76 AD 811(18-65), f. 12-21-65, ef. 1-1-66
603-022-0520 Water Supply Water under pressure shall be available to grading and candling area or room for cleaning purposes. Such water shall be from a supply properly located, protected, and operated, and shall be easily accessible, adequate, and of a safe, sanitary quality. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: AD 811(18-65), f. 12-21-65, ef. 1-1-66
603-022-0525 Cleaning Eggs (1) Equipment and facilities shall be provided where necessary for cleaning eggs. (2) Eggs may be dry cleaned or washed. If eggs are dry cleaned, the equipment shall be of a sanitary type, and kept clean and in good repair. (3) The washing solution shall be changed with sufficient frequency to maintain it in reasonably clean condition. (4) Temperature of the wash water shall be at least 20°F higher than the temperature of the eggs being washed. (5) Cloth or wash rags shall not be used for cleaning eggs unless they are of a sanitary single service type. Single service paper toweling may be used. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: AD 811(18-65), f. 12-21-65, ef. 1-1-66
603-022-0530 Sanitizing Cleaned Eggs All washed eggs shall be spray-rinsed with water containing an approved type sanitizing agent. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: DOA 24-2004, f. & cert. ef. 10-28-04 AD 811(18-65), f. 12-21-65, ef. 1-1-66
603-022-0535 Candling and Grading Eggs (1) Eggs shall be candled and graded in accordance with the provisions of OAR 603-022-0300 through 603-022-0350 relating to egg quality and size grade standards and tolerances. (2) A producer may sell candled eggs using the designation “ungraded” instead of designating the size and grade or quality of the eggs if: (a) The producer: (A) Sells eggs of the producer’s own production directly to consumers; or (B) Sells eggs of the producer’s own production by consignment under ORS 616.683(3)(d). (b) The labeling and display of the “ungraded” designation conforms with the size and location requirements prescribed in OAR 603-022-0345. (3) For ungraded eggs described in OAR 603-022-0535(2): (a) The labeling must include a net content statement indicating the number of ungraded eggs; and (b) The labeling or display need not include any statement of net weight. Statutory/Other Authority: ORS 561.190 & ORS 632.811 Statutes/Other Implemented: ORS 632.771 & ORS 632.811 History: DOA 11-2018, amend filed 03/12/2018, effective 03/12/2018 AD 1079(3-76), f. & ef. 2-3-76 AD 811(18-65), f. 12-21-65, ef. 1-1-66
603-022-0540 Packaging and Labeling Eggs (1) Only clean fillers, flats, subcontainers, and containers shall be used for packaging eggs. (2) Containers and subcontainers shall be labeled in accordance with the requirements of OAR 603-022-0345. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: AD 1079(3-76), f. & ef. 2-3-76 AD 811(18-65), f. 12-21-65, ef. 1-1-66
603-022-0545 Protection from Contamination (1) Employees handling cleaned eggs shall keep hands clean. (2) Sanitary metal containers shall be provided at candling station for disposal of leakers and inedible eggs. Such container shall be emptied at least daily, washed and sanitized prior to usage. (3) Insecticides and rodenticides used shall be of an approved type, stored in a safe place, and used as directed. (4) If eggs are oil treated, the oil used shall be clean, free of off odors, and protected from contamination. (5) The entrance or harboring of all vermin including domestic pets shall be prevented insofar as practicable to the room and areas used for grading, storage of supplies, and eggs. (6) All floors, candling, and grading equipment shall be thoroughly cleaned after each day’s use or more frequently if necessary. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: AD 811(18-65), f. 12-21-65, ef. 1-1-66