justicedao/ipfs_state_laws huggingface dataset:
603-015-0515 Crocodilians — Special Requirements (1) Animal Classification: (a) Exotic crocodilians include all individuals of the order Crocodylia including but not limited to American Alligators and Crocodile Hybrids. (2) Inside enclosure: The indoor enclosure should be constructed in such a way as to prevent escape of the animal. Latching clips and/or locks are required on doors and windows that open. The lid to the enclosure shall be well ventilated and may be covered with wire mesh, appropriate to the size of the animal, to prevent its escape. The enclosure area shall consist of a dry area and a water area. Both areas must be easily accessible by the animal. The area of the enclosure must be large enough such that the animal can turn around without its body touching any side and can perch its entire body on dry surface. The depth of the water shall be enough to fully submerge the animal. The temperature on the dry surface in the enclosure must be maintained between 75–90 degrees F. Ambient air temperature shall be kept between 75 to 90 degrees F. The water temperature must be maintained between 75–85 degrees F at all times. (3) Outside enclosure: Crocodilians may be kept outside if weather conditions and ambient temperatures meet minimum temperatures as described for indoor enclosures, otherwise may only be outside during exercise regiment. When transporting the animal to and from outside it is required that the animal be carried in a secure portable container that encloses the animal completely. Fencing for outside enclosures must be of sufficient strength and height to prevent escape of the animal. Bottom of the fence must also be secure enough to prevent escape of the animal. Fencing must also prevent unauthorized persons and animals from entering the enclosure. (4) Feeding: Owners must demonstrate knowledge of crocodilian nutrition. Exotic crocodilians must be fed a balanced diet sufficient to their needs but such food items may not include live animals. (5) No exotic crocodilian may be restrained by a harness or muzzle as primary means of confinement. (6) Security: In order to provide for the safety of the public, exotic crocodilians shall be handled in accordance with the following: (a) All outside enclosures for exotic crocodilians shall be kept separate from the public in a way that prevents contact with animals or persons outside the enclosure. (b) Exotic crocodilians shall be confined within their enclosures (inside and/or outside) and only allowed outside them for medical treatment or for removal to another approved facility. When being transported, the animal must be secured in a portable container within the vehicle. (7) Sanitation: Excreta, uneaten food and any type of algae or debris shall be removed from enclosures (including the water pond) as often as necessary to prevent contamination of the food or water, reduce disease hazards and reduce odors. Statutory/Other Authority: ORS 561 & 609 Statutes/Other Implemented: 609.335 & ORS 609.305 History: DOA 39-2023, renumbered from 603-011-0706, filed 10/31/2023, effective 10/31/2023 DOA 8-2010, f. & cert. ef. 2-10-10
603-015-0535 Exotic Canines — Special Requirements (1) Animal Classification: (a) Class 1 exotic canines shall include any non-indigenous, non wolf canine whose weight is 50 pounds or more; and (b) Class 2 exotic canines shall include all non-indigenous canines whose weight is less than 50 pounds. (2) Any Facility for Class 1 exotic canines shall comply with the following: (a) Outdoor and Indoor Facilities: Outdoor and indoor facilities shall be constructed and maintained so as to provide sufficient space for each animal to make normal postural and social adjustments with freedom of movement; to keep the animals(s) clean, dry, and safe from injury; and to provide the animal(s) ready access to clean water and wholesome food. All outdoor pens shall have an exterior fence of such height and construction so as to prevent the animal(s) within to surmount it, and to prevent entry of the public; (b) Security: In order to provide reasonable precautions for the safety of the public, all classes of exotic canines shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. When being transported the animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with the operator of the vehicle; (c) All exotic canines that are held within a single enclosure shall be selected so as to be compatible with each other and shall not be housed near other animals whose presence may cause them stress or other discomfort; and (d) Sanitation: Excreta and debris shall be removed from the Facility as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors. (3) The primary enclosure or caging for Class 2 exotic canines shall be no less than 10 times the area occupied by the animal when standing on four feet. (4) No exotic canine may be restrained by a tether as primary means of confinement. (5) The Department may modify or waive the confinement requirements established in sections (2) and (3) of this rule subject to the following: (a) The animal is determined by the Department to be less than 180 days of age; (b) The Department's approval to modify or waive the requirements must be in writing and must include an expiration date; and (c) The Department may impose reasonable conditions on such approval. Statutory/Other Authority: ORS 561 & 609 Statutes/Other Implemented: ORS 609.205 - 609.335 History: DOA 39-2023, renumbered from 603-011-0725, filed 10/31/2023, effective 10/31/2023 DOA 8-2010, f. & cert. ef. 2-10-10 DOA 30-2000, f. & cert. ef. 11-6-00 DOA 8-1998, f. & cert. ef. 9-14-98 Reverted to AD 9-1986, f. & ef. 5-27-86 AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98 AD 9-1986, f. & ef. 5-27-86
603-017-0010 Statement of Purpose Pursuant to authority vested in the Department of Agriculture under ORS 628.350, the following rules and regulation for the purpose of OAR 603-025-0020 to 603-025-0050 are for the purpose of regulating and licensing the operation of refrigerated locker plants. Statutory/Other Authority: ORS 628 Statutes/Other Implemented: ORS 628.350 History: AD 286, f. 7-9-47, ef. 7-10-47
603-017-0020 Recording Thermometer Recording thermometer shall be of the electric self-starting type enclosed in a moisture-proof case, permanently fastened to the substantial wall in vestibule or waiting room, five feet from the floor so that the recording chart is visible at all times. Instrument must be kept locked at all times except for changing the dial, inking, or repairing. Statutory/Other Authority: ORS 628 Statutes/Other Implemented: ORS 628.350 History: AD 286, f. 7-9-47, ef. 7-10-47
603-017-0030 Sensitive Bulb The sensitive bulb shall be located in the locker room not less than eight feet from any door or blower, not less than 15 inches from any wall, not less than 30 inches from any plates or coils, and at least 12 inches from the ceiling. The bulb shall not be directly in front of any door or blower. Statutory/Other Authority: ORS 628 Statutes/Other Implemented: ORS 628.350 History: AD 286, f. 7-9-47, ef. 7-10-47
603-017-0040 Chart The chart shall make one complete revolution in seven days, shall be graduated hourly and daily and must be not less than 10 inches in diameter. (1) Lowest temperature reading must be on the outer edge of the chart. (2) Accuracy. Zero shall be within one degree plus or minus. (3) Charts must be changed each week, properly dated, signed by Plant Manager, and be made available for inspection for at least one year. Statutory/Other Authority: ORS 628 Statutes/Other Implemented: ORS 628.350 History: AD 286, f. 7-9-47, ef. 7-10-47
603-017-0050 Chart Rotating Device Chart rotating device shall be fitted with perforating pins preventing rotation except by means of the electric clock in the case. Statutory/Other Authority: ORS 628 Statutes/Other Implemented: ORS 628.350 History: AD 286, f. 7-9-47, ef. 7-10-47
603-017-0100 Refrigerated Locker Plant License Fees and Categories As provided in ORS 628.220, no person shall engage within this state in business of owning or operating any refrigerated locker plant or offering the services of such plant without having obtained from the department a license for each such place of business. The annual license fees for refrigerated locker plants, as provided for in ORS 628.240, are as follows. (1) Refrigerated locker plant – yearly fee: $118 (2) Refrigerated locker plant – half yearly fee: $59 Statutory/Other Authority: ORS 561, ORS 616 & ORS 628 Statutes/Other Implemented: ORS 616.706, OL 2021, Ch. 564 & ORS 628.240 History: DOA 9-2022, amend filed 05/12/2022, effective 05/16/2022 DOA 14-2021, amend filed 04/15/2021, effective 05/01/2021 DOA 2-2020, amend filed 02/27/2020, effective 02/28/2020 DOA 6-2018, adopt filed 03/08/2018, effective 03/08/2018
603-017-0110 New License Fees; Refrigerated Locker Plant License Expiration; Operating without a License (1) New license payments must be received within 14 calendar days of the department’s initial approval inspection. If a new license payment is not received within 14 calendar days of the initial approval inspection, the establishment will be considered operating without a license. (2) Each license shall expire on June 30 next following the date of issuance. (3) The department will collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th calendar day after the license expiration date. (4) The delinquent renewal penalty shall be 30 percent of the amount of the license fee. (5) The department will send a notice to all licensees who fail to renew their license by the 30th calendar day after their license expires, that a delinquent renewal penalty will be collected if their license fee is not paid before the 60th calendar day after the license expires. (6) The department will send a notice to all licensees who have failed to renew their license by the 60th calendar day after their license expires, that a delinquent renewal penalty must be paid in addition to the license fee before the license is renewed. (7) The department will waive the delinquent renewal penalty if: (a) The licensee's failure to renew the license prior to the 60th calendar day was caused entirely or in part by a department error or omission; or (b) The licensee notifies the department in writing prior to the 60th calendar day after the license has expired, that the licensee will not engage in the licensed activity any time during the current license period. However, if the licensee resumes the licensed activity during the current license period, the licensee must pay both the license renewal fee and the delinquent renewal penalty. (8) The delinquent renewal penalty will be assessed in addition to any other penalty or liability, provided by law, for engaging in an activity licensed by the department without obtaining and maintaining a valid license. (9) A previously licensed refrigerated locker plant will be considered to be operating without a license if the establishment fails to renew the license by the 90th calendar day after the license expires. (10) If a refrigerated locker plant fails to obtain a required license, or if a refrigerated locker plant’s required license lapses, the Department may order the closure of such refrigerated locker plant. In ordering the closure of a refrigerated locker plant for failing to obtain a required license or allowing its required license to lapse, the Department shall follow the procedures set forth in OAR 603-025-0520 to 603-025-0535. Statutory/Other Authority: ORS 561, 616 & 628 Statutes/Other Implemented: ORS 561.300, ORS 616.706, ORS 628.230 & ORS 628.240 History: DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021 DOA 7-2018, adopt filed 03/08/2018, effective 03/08/2018
603-017-0900 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, 628.350 & 628.995 Statutes/Other Implemented: ORS 628.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-017-0910 Definitions As used in OAR 603-017-0920 through 603-017-0930, unless otherwise required by the context, the following terms will be construed to mean: (1) "Department" means the Oregon Department of Agriculture. (2) “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. (3) “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. (4) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences. (5) “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. (6) "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. (7) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation. (8) "Violation" means the failure to comply with any requirement of ORS 628.210 to 628.370 or any rule adopted thereunder. Statutory/Other Authority: ORS 561.190, 628.350 & 628.995 Statutes/Other Implemented: ORS 628.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-017-0920 Schedule of Civil Penalties In addition to any penalty available under ORS 561.190 or 628.990, the Department may impose a civil penalty with respective amounts for: (1) Owning, operating, or offering the services of any refrigerated locker plant without obtaining a license as explained in ORS 628.220 for each place of business from the Department. Penalty — $5,000 to $10,000. (2) Failure to conspicuously display the license in the licensed plant at all times pursuant to ORS 628.220. Penalty — $100. (3) Operating a refrigerated locker business at any address other than the address stated in the application submitted pursuant to ORS 628.230. Penalties: (a) Minor — $100 to $3,500; (b) Moderate — $3,501 to $7,000; or (c) Major — $7,001 to $10,000. (4) Permitting a person who has a communicable or infectious disease to work in or about any refrigerated locker plant, or to handle any food in connection with the operation of such plant in violation of ORS 628.270(2). Penalty — $500 to $5,000. (5) Interference with a lawful inspection under authority of ORS 628.280. Penalty — $5,000 to $10,000. (6) Failure to maintain sanitary and safety requirements of ORS 628.290. Penalties: (a) Minor — $1,000 to $4,000; (b) Moderate — $4,001 to $7,000; or (c) Major — $7,001 to $10,000. (7) Failure to maintain adequate equipment, temperatures, or records as required in ORS 628.300. Penalty — $500 to $5,000. (8) Failure to use nontoxic ink or other harmless substance to apply marks directly to meat or other food products as explained in ORS 628.310. Penalty — $100 to $5,000. (9) Failure to identify any fresh carcass meats with a suitable tag or stamp, and place all meats that have not been previously chilled in a chill room for at least 24 hours before removal to the cutting room as explained in ORS 628.330. Penalty — $100 to $5,000. (10) Failure to handle fish and wild game consistent with the provisions of ORS 628.340. Penalty — $500 to $5,000. Statutory/Other Authority: ORS 561.190, 628.350 & 628.995 Statutes/Other Implemented: ORS 628.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-017-0930 Penalty Factors; Procedure (1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 628.995, 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 refrigerated locker plants. (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 603-017-0910 will be assessed as three times the penalty amount in OAR 603-017-0910, 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, 628.350 & 628.995 Statutes/Other Implemented: ORS 628.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-018-0010 Standards for the Production and Distribution of Eggs and Egg Products (1) A person may not buy, sell, offer to buy or sell, transport or offer to transport, or accept receipt of eggs or egg products that the person knows, or reasonably should know are non-compliant eggs. (2) Notwithstanding subsection (1) of this section, an official plant may receive non-compliant eggs at the physical location of the plant. All subsequent deliveries of eggs or egg products from the official plant to locations in Oregon shall comply with subsection (1). (3) This section does not prohibit the transshipment of non-compliant eggs through Oregon provided they either enter the state or originate at an official plant and either exit the state or are delivered to an official plant without further processing or repackaging. (4) Eggs and egg products distributed in bulk into this state must either be: (a) certified as compliant eggs on the product packaging, or (b) accompanied by an invoice or similar product transfer document certifying that all eggs or egg-products delivered are compliant eggs. NOTE: The design of a compliant egg label is not specified in this rule. Acceptable labels include but are not limited to producer specific cage-free marketing logos, cage-free certification logos authorized by third party certification organizations, etc. provided the certification requirements of the program meet the standards of this rule. (5) The invoices shall be available during business hours for inspection by the Department of Agriculture. The invoices shall be kept for at least: (a) One year by the seller; and (b) 60 days by the purchaser. (6) Notwithstanding 603-018-0010(5) no invoice is required when eggs are sold to individual consumers or the United States Government. NOTE: 603-018-0010(6) is included to be consistent with the documentation requirements found in ORS 632.745 Statutory/Other Authority: ORS 632.840 Statutes/Other Implemented: ORS 632.835 - 632.850 History: DOA 53-2023, amend filed 12/14/2023, effective 01/01/2024 DOA 30-2022, amend filed 11/29/2022, effective 01/01/2024 DOA 20-2012, f. & cert. ef. 7-3-12
603-018-0020 Inspection Authority (1) As authorized by ORS 632.840(3), the department shall inspect, at reasonable times, commercial egg-laying farms engaged in the production of eggs for the purpose of enforcing the provisions of ORS 632.835 to 632.850. As authorized by ORS 632.840(4), the department may assess and collect the following expenses associated with inspection: (a) A fee of $106 per hour for inspection time, rounded to the nearest 30 minute interval ($53); (b) Mileage expense using the prevailing full GSA vehicle mileage rate, if the inspector is not already in the general vicinity of the commercial egg-laying farm as part of their normal business duties and mileage is required for the sole purpose of the commercial egg-laying farm inspection; (c) The prevailing Oregon meal and lodging per diem rate/expense if overnight travel is required for the sole purpose of the commercial egg-laying farm inspection. (d) Any biosecurity clothing or supplies, if not supplied by the commercial egg-laying farm being inspected; (e) Any other expense associated with the inspection of a commercial egg-laying farm that the department deems necessary to carry out the enforcement of ORS 632.835 to 632.850. (2) Moneys from fees and expenses collected by the department under section 603-018-0020(2) will be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department to be used for the purpose of enforcing ORS 632.835 to 632.850. (3) The department may obtain a subpoena to require the production of pertinent records related to the administration and enforcement of Oregon Laws 2011 Chapter 436 and rules adopted thereunder. Statutory/Other Authority: ORS 632.840 Statutes/Other Implemented: ORS 632.835 - 632.850 History: DOA 30-2022, amend filed 11/29/2022, effective 01/01/2024 DOA 16-2017, amend filed 10/18/2017, effective 10/18/2017 Reverted to DOA 20-2012, f. & cert. ef. 7-3-12 DOA 9-2017(Temp), f. & cert. ef. 3-24-17 thru 9-19-17 DOA 20-2012, f. & cert. ef. 7-3-12
603-018-0025 Enforcement and Civil Penalties Generally (1) The Director may assess a civil penalty not to exceed $2,500 for each violation of any provision of ORS 632.835 to 632.849 and rules adopted thereunder. (2) In addition to a civil penalty or any other penalty provided by law, the department is not precluded from utilizing other enforcement alternatives. Enforcement alternatives may include, but are not limited to, letter of advisement, notice of violation, or other non-civil penalty action as authorized by law and as deemed necessary to attain compliance. (3) Civil penalties are subject to ORS 183.745 and shall be due and payable ten (10) business days after the order becomes final by operation of law or on appeal. Statutory/Other Authority: ORS 632.840 Statutes/Other Implemented: ORS 632.835 - 632.850 History: DOA 30-2022, amend filed 11/29/2022, effective 01/01/2024 DOA 20-2012, f. & cert. ef. 7-3-12