justicedao/ipfs_state_laws huggingface dataset:
603-027-0440 Storage Tanks (1) Water in Motor Vehicle Fuel Storage: (a) Water in Gasoline-Alcohol Blends, Biodiesel, Biodiesel Blends, E85 Fuel Ethanol, M85 Fuel Methanol, and Aviation Gas. No water or water-alcohol phase greater than six millimeters (1/4 in) as determined by an appropriate detection paste is allowed to accumulate in any tank utilized in the storage of gasoline-alcohol blend, biodiesel, biodiesel blends, E85 fuel ethanol, M85 fuel methanol, and aviation fuel. (b) Water in Gasoline, Diesel, Biomass-Based Diesel, Biomass-Based Diesel Blends, Gasoline-Ether, and Other Fuels. Water phase shall not exceed 25 mm (1 inch) in depth when measured with water indicating paste in any tank utilized in the storage of diesel, biomass-based diesel, biomass-based diesel blends, gasoline, gasoline-ether blends at retail or nonretail except as required in OAR 603-027-0440(1)(a). (2) Product Storage Identification: (a) Fill Connection Labeling. (A) The fill connection for any motor vehicle fuel or aviation fuel storage tank from which the fuels are dispensed directly into motor vehicle or aircraft fuel tanks shall be permanently, plainly, and visibly marked as to the grade of product contained therein. (B) In addition, storage tank fill connections of non-ethanol blended gasoline shall be permanently, plainly, and visibly marked that the product contained therein is non-ethanol blended gasoline. (b) Declaration of Meaning of Color Code. When the fill connection device is marked by means of a color code, the color code key shall be conspicuously displayed at the place of business. Statutory/Other Authority: ORS 561.190, OL 1997, Ch. 310 (SB 414) & 646.905 - 646.990 Statutes/Other Implemented: OL 1997, Ch. 310 (SB 414), ORS 646.905 - 646.990 & 183 History: DOA 24-2011, f. & cert. ef. 12-14-11 DOA 16-2009, f. 12-23-09, cert. ef. 1-1-10 DOA 11-2009(Temp), f. & cert. ef. 7-24-09 thru 1-17-10 DOA 21-2008, f. & cert. ef. 9-11-08 DOA 12-2008(Temp), f. 3-14-08, cert. ef. 3-17-08 thru 9-12-08 DOA 8-2008, f. & cert. ef. 2-15-08 DOA 17-2006, f. & cert. ef. 9-26-06 AD 19-1997, f. 12-9-97, cert. ef. 1-1-98
603-027-0460 Test Methods and Reproducibility Limits (1) Test Methods. (a) The ASTM Standard Test Methods referenced for use within the applicable Standard Specification shall be used for enforcement purposes. (b) Premium Diesel. The following test methods shall be used to determine compliance with the premium diesel parameters: (A) Cetane Number — ASTM D 613, (B) Low Temperature Operability — ASTM D 4539 or ASTM D 2500 (according to marketing claim), (C) Thermal Stability — ASTM D 6468 (180 minutes, 150 0C), and (D) Lubricity — ASTM D 6079. (2) Reproducibility Limits: (a) AKI Limits. When determining the antiknock index (AKI) acceptance or rejection of a gasoline sample, the AKI reproducibility limits as outlined in ASTM D 4814 Appendix X1 shall be acknowledged for enforcement purposes. (b) The reproducibility limits of the ASTM standard test method used for each test performed shall be acknowledged for enforcement purposes, except as indicated in OAR 603-027-0460(2)(a). (c) Dispute Resolution. In the event of a dispute over a reported test value, the guidelines presented in ASTM D 3244, "Standard Practice for Utilization of Test Data to Determine Conformance with Specifications", shall be used to determine the acceptance or rejection of the sample. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561.190, 646.905, 646.915 & 646.920 Statutes/Other Implemented: ORS 646.905, 646.915 & 646.920 History: DOA 21-2008, f. & cert. ef. 9-11-08 DOA 5-2002, f. & cert. ef. 1-28-02 AD 19-1997, f. 12-9-97, cert. ef. 1-1-98
603-027-0480 Definitions In addition to the definitions set forth in OAR 603-027-0410 Definitions, the following shall apply: (1) “Civil Penalty Assessment Notice” (CPAN) shall be an order in a contested case for the purpose of judicial review and means a document which informs a person of the existence of a violation and the assessment of a civil penalty amount as provided for in Table 2 of OAR 603-027-0490(9). This document may be served by registered mail, certified mail, or in person. (2) “Enforcement” means any documented action taken to address a violation. (3) “Gravity” means grave consequences, seriousness or importance of a violation. (4) “Impact” means the financial impact on consumers and dealers. (5) “Intentional” means any violation where the department has documented evidence that the respondent acted with the conscious objective to cause the result or engaged in the conduct described in these regulations. (6) “Magnitude of Violation” means the seriousness of a violation with respect to how it is categorized by the department. The violations shall be categorized as either Gravity 1: Minor violations; Gravity 2: Moderate violations; Gravity 3: Major violations. (a) Gravity 1 means the act was unintentional, not negligent and the impact was small or absent; (b) Gravity 2 means the act was unintentional, not negligent and the impact was large; (c) Gravity 3 means the act was intentional, negligent and the impact was large. (7) “Negligent” means any violation where the respondent acted in a careless or inattentive manner, and therefore committed a violation as a result of neglect. (8) “Notice of Noncompliance” (NNC) shall be an order in other than a contested case for purposes of judicial review and means a written warning, issued by the Department at the time a violation is discovered, which includes, but is not limited to: (a) A reference to the particular violation of the statute and/or administrative rule; (b) A short and plain statement of the matters asserted; (c) A statement of the possible ramifications of the violation. This document may be served by registered mail, certified mail, or in person. (9) “Notice of Violation (NOV)” shall be an order in other than a contested case for purposes of judicial review and means a document which informs a person of the existence of a violation, the actions required to resolve the violation and the consequences of continued non-compliance. This document may be served by registered mail, certified mail, or in person. (10) “Person” means an individual, partnership, association, or corporation. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 561.190, 646.905, 646.915 & 646.920 Statutes/Other Implemented: ORS 646.905, 646.915 & 646.920 History: AD 19-1997, f. 12-9-97, cert. ef. 1-1-98
603-027-0630 Application OAR 603-027-0635 and 603-027-0640 shall apply to weighing and measuring instruments and devices within Oregon as follows: (1) To commercial weighing and measuring equipment; that is, to weights and measures and weighing and measuring devices commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, vehicles, produce, or articles for distribution or consumption, purchases, offered or for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination. (2) To any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed that its operation affects the accuracy of the device. (3) To weighing and measuring equipment in official use for the collection of statistical information by government agencies. Statutory/Other Authority: ORS 561.190 & 618.136 - 618.246 Statutes/Other Implemented: ORS 561.190 & 618.136 - 618.246 History: AD 1010(23-74), f. 12-20-73, ef. 1-11-74
603-027-0635 Adoption of the National Institute of Standards and Technology Handbook 44 Except as provided in OAR 603-027-0640, the specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment within Oregon shall be those adopted by the National Conference on Weights and Measures, and contained in the 2010 Edition of Handbook 44, published by the U.S. Department of Commerce, entitled the "National Institute of Standards and Technology Handbook 44-Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices", which publication is by this reference hereby made a part of this rule. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 618 Statutes/Other Implemented: ORS 618.016, 618.031, 618.051, 618.056, 618.066, 618.076, 618.081, 618.086, 618.096, 618.115, 618.151 & 618.275 History: DOA 19-2010, f. & cert. ef. 9-14-10 DOA 3-2007, f. & cert. ef. 2-2-07 DOA 20-2004, f. & cert. ef. 6-28-04 DOA 9-2002, f. & cert. ef. 2-15-02 DOA 8-2000, f. & cert. ef. 3-29-00 AD 12-1996, f. & cert. ef. 12-10-96 AD 3-1992, f. & cert. ef. 4-9-92 AD 8-1990, f. & cert. ef. 4-5-90 AD 9-1988, f. & cert. ef. 12-15-88 AD 2-1986, f. & ef. 1-21-86 AD 19-1981, f. & ef. 8-21-81 AD 10-1979, f. & ef. 8-22-79 AD 6-1977, f. & ef. 3-21-77 AD 1056(2-75), f. 4-16-75, ef. 5-11-75 AD 1010(23-73), f. 12-20-73, ef. 1-11-74
603-027-0650 Application This regulation shall apply to all classes of devices and/or equipment as covered in National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, and 105-3. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 618 Statutes/Other Implemented: ORS 618.156 History: AD 20-1990, f. & cert. ef. 10-25-90
603-027-0655 National Type Evaluation Program (1) The term "National Type Evaluation Program" shall be construed to mean a program of cooperation between the National Institute of Standard and Technology, the National Conference on Weights and Measures, the State, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions of National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," National Institute of Standards and Technology Handbook 105-1, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, specifications and Tolerances for Field Standard Weights (NIST Class F)," National Institute of Standards and Technology Handbook 105-2, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerance for Field Standard Measuring Flask," or National Institute of Standards and Technology Handbook 105-3, "Specifications and Tolerances for Reference Standards and Field Standard Weights and measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards." (2) Type Evaluation: The term "type evaluation" shall be construed to mean the testing, examination, and/or evaluation of a type by a Participating Laboratory under the National Type Evaluation Programs. (3) Type: The term "type" shall be construed to mean a model or models of a particular measurement system, instrument, element, or a field standard that positively identified the design. A specific type may carry in its measurement ranges, size, performance, an operating characteristics as specified in the Certificate of Conformance. (4) Participating Laboratory: The term "participating laboratory" shall be construed to mean any State Measurement Laboratory that has been certified by the National Institute of Standards and Technology, in accordance with its program for the Certification of Capability of state Measurement Laboratories, to conduct a type evaluation under the National Type Evaluation Program. (5) Certificate of Conformance: The term "certificate of conformance" shall be construed to mean a document issued by the National Institute of Standards and Technology or the National Conference on Weights and Measures based on testing in participating laboratories, said document constituting evidence of conformance of a type with the requirements of National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, 105-3. (6) Director: The term "director" means the Director of the Department of Agriculture. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 618 Statutes/Other Implemented: ORS 618.156 History: DOA 19-2010, f. & cert. ef. 9-14-10 AD 20-1990, f. & cert. ef. 10-25-90
603-027-0660 Certificate of Conformance The Director may require any weight or measure, or any weighing or measuring instrument or device to be issued a Certificate of Conformance prior to use for commercial or law enforcement purposes. Statutory/Other Authority: ORS 561 & 618 Statutes/Other Implemented: ORS 618.156 History: AD 20-1990, f. & cert. ef. 10-25-90
603-027-0665 Participating Laboratory The Director is authorize to operate a Participating Laboratory as part of the National Type Evaluation Program. In this regard, the Director is authorized to charge and collect fees for type evaluation services. Statutory/Other Authority: ORS 561 & 618 Statutes/Other Implemented: ORS 618.156 History: AD 20-1990, f. & cert. ef. 10-25-90
603-027-0670 Definitions As used in this Chapter, unless the context requires otherwise: (1) "Placed in Service" means to install or repair following official rejection of any weighing or measuring device used commercially or intended to be used commercially. (2) "Predominantly in Favor" means any and all weighing or measuring equipment, by group or entirety, in service at a single place of business found to be in error predominantly in a direction favorable to the device owner or operator: (a) More than 50 percent of the total devices with errors in favor of the device owner or operator; and (b) In the case of measuring devices, more than 50 percent of the devices dispensing any single product, grade, service level, or payment method, with errors in favor of the device owner or operator. Devices that are not consistently minus (i.e. have either one "zero" or one "plus" error in addition to one minus error) on either the normal or special test will not be included in the calculations to determine if the entire site or a specific product, grade, service level, or payment method, is predominantly minus. (3) "Repair," in any of its variant forms, means to adjust or recondition any weighing or measuring device following official rejection. (4) "Service Agency" means any agency, firm, company or corporation which for hire, award, commission, or any other payment of any kind, installs, services, repairs or reconditions a commercial weighing or measuring device. (5) "Serviceperson" means any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device. Statutory/Other Authority: ORS 561.190 & 618 Statutes/Other Implemented: ORS 618.031 & 618.156 History: DOA 3-2007, f. & cert. ef. 2-2-07 DOA 26-1999, f. & cert. ef. 12-6-99
603-027-0680 Placed in Service A weighing or measuring device shall not be used commercially in the State of Oregon until: (1) It is licensed as required in ORS 618.121; (2) Either: (a) A Placed in Service Report is completed and distributed as required in OAR 603-027-0690; or (b) Express permission is given to the device owner or operator by a representative of the Measurement Standards Division, (3) The devices are in compliance with all applicable requirements of the 2010 Edition of the National Institute of Standards and Technology (N.I.S.T.) Handbook 44; (4) The devices are issued an active National Type Evaluation Program (N.T.E.P.) Certificate of Conformance (CC) on the entire weighing or measuring system unless otherwise exempted; (5) The devices are installed in accordance with the manufacture's instructions; (6) The devices are adjusted within applicable tolerances and not Predominantly in Favor of the device owner or operator; (7) The devices are adjusted as closely as practicable to zero error; and (8) Security seals are appropriately affixed to any mechanism designed to be sealed. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 618 Statutes/Other Implemented: ORS 618.031 & 618.156 History: DOA 19-2010, f. & cert. ef. 9-14-10 DOA 3-2007, f. & cert. ef. 2-2-07 DOA 20-2004, f. & cert. ef. 6-28-04 DOA 9-2002, f. & cert. ef. 2-15-02 DOA 26-1999, f. & cert. ef. 12-6-99
603-027-0690 Placed in Service Report The Measurement Standards Division shall make available to each Service Agency report forms to be known as “Placed in Service Reports.” A Serviceperson or a serviceperson representing a Service Agency shall sign such a form and execute it in triplicate for each rejected device restored to service and for each newly installed device placed in service. Properly completed rejection tag(s) shall suffice in lieu of a Placed in Service Report for device(s) restored to service following official rejection. Within 24 hours after a device is restored to service, or placed in service, the original of the properly executed Placed in Service Report or any completed official rejection tag removed from the device, shall be mailed to the Measurement Standards Division, 635 Capitol Street NE, Salem, Oregon, 97301-2532. The duplicate copy of the report shall be handed to or mailed to the owner or operator of the device, and the triplicate copy of the report shall be retained by the Serviceperson or Agency. Statutory/Other Authority: ORS 561.190 & 618 Statutes/Other Implemented: ORS 618.031 & 618.156 History: DOA 26-1999, f. & cert. ef. 12-6-99
603-027-0700 Responsibilities of Service Person or Service Agency The Service person or Service Agency is responsible for placing in service, installing, repairing, and adjusting devices such that: (1) The devices are in compliance with all applicable requirements of the 2010 Edition of the National Institute of Standards and Technology (N.I.S.T.) Handbook 44; (2) The devices are issued an active National Type Evaluation Program (N.T.E.P.) Certificate of Conformance (CC) on the entire weighing or measuring system unless otherwise exempted; (3) The devices are installed in accordance with the manufacture's instructions; (4) The devices are adjusted within applicable tolerances and not Predominantly in Favor of the device user; (5) The devices are adjusted as closely as practicable to zero error; (6) Security seals are appropriately affixed to any mechanism designed to be sealed; and (7) A Placed in Service Report is completed and distributed as required in 603-027-0690. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 618.031 & 618.156 Statutes/Other Implemented: ORS 618.031 & 618.156 History: DOA 19-2010, f. & cert. ef. 9-14-10 DOA 3-2007, f. & cert. ef. 2-2-07 DOA 20-2004, f. & cert. ef. 6-28-04 DOA 9-2002, f. & cert. ef. 2-15-02 DOA 26-1999, f. & cert. ef. 12-6-99
603-028-0100 Buildings (1) Meat and Meat Product Establishments are subject to the provisions specified in OAR 603-025-0020, 603-025-0030 and 603-025-0150. (2) In addition, Poultry and Rabbit Slaughterer/Processors are subject to the provisions of OAR 603-028-0605 and 603-028-0825. (3) Lighting — No illumination or display shall be of a type, color, or density that alters or distorts the appearance of a meat product to make it appear of better quality than the product actually is. (4) Waste — Unwholesome and inedible meat products shall be denatured prior to removal. (5) Ready-to-eat smoked pork or meat products shall be processed at not less than 140 degrees F. for a sufficient length of time to destroy trichina and other toxigenic organisms. The smoking compartment shall be equipped with accurate (plus or minus 2 degrees F.), visible recording chart thermometers for recording internal product temperatures. An indicating thermometer shall be provided showing the ambient temperature of the smoking compartment. Each recording chart shall be maintained for at least one year from the date of recording, shall show the type and lot number of the meat product being smoked, the date thereof, and bear the signature of the person in charge. (6) The carcasses or products of game animals, game birds or other non-meat animals shall not be: (a) Stored in an establishment, unless apart from meat or meat products and securely enclosed in a clean wrapper or game bag; (b) Prepared in any manner, except after completion of the daily preparation of meat or meat products, in which case the equipment and utensils utilized shall thereafter be cleaned and sanitized. (7) Elk held for slaughter shall be kept in the most secure interior pens at the slaughter plant. These holding and transfer facilities shall be adequate to prevent escape of the animals. Statutory/Other Authority: ORS 561, 616 & 619 Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046 History: DOA 13-2002, f. & cert. ef. 4-11-02 AD 21-1990, f. & cert. ef. 11-27-90 AD 1005(19-73), f. 12-5-73, ef. 12-25-73
603-028-0212 General Controls The operator of a slaughtering facility shall ensure that required blood and tissue samples, and any means of identification of domesticated elk slaughtered at that facility be collected and submitted to the Oregon Department of Agriculture. Statutory/Other Authority: ORS 561 & 603.085 History: DOA 13-2002, f. & cert. ef. 4-11-02
603-028-0405 Additives (1) Proteolytic enzyme (tenderizers) substances may be used in raw meat or raw meat products, and if so used a declaration of this fact shall be included on the package label or bulk display placard. (2) No non-meat substance, including, but not limited to, sulfite compounds, salts, or esters of sulfurous acids, benzoate compounds niacin compounds, ascorbates, nitrates, nitrites, artificial colorings, or flavorings, shall be used in raw meat or raw meat products unless specifically provided in these regulations. Statutory/Other Authority: ORS 561.190, 603.085, 619.031 & 619.046 Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046 History: AD 1005(19-73), f. 12-5-73, ef. 12-25-73
603-028-0500 Prohibited Acts No operator or employee of an establishment shall: (1) Fail to keep and maintain an establishment and equipment therein or thereon in a clean, healthful, and sanitary condition as required by subsection (1) of ORS Chapter 619 (Section 5, Chapter 174, Oregon Laws 1973) and OAR 603-028-0100. (2) Prepare, sell, offer, or hold for sale any meat or meat product that is: (a) Misbranded as defined in subsection (1) of ORS 619.010 and subsections (1), (7), (8), and (10) of ORS 616.250, and as prescribed in OAR 603-028-0300; (b) Adulterated as defined in subsections (1) and (2) of ORS 616.235, and as prescribed in OAR 603-028-0300 and 603-028-0405. (3) Prepare, sell, offer, or hold for sale domesticated elk meat or meat by-products where the slaughtering and processing has not been conducted in establishment inspected and certified for wholesomeness by the U.S. Department of Agriculture or a successor agency. Statutory/Other Authority: ORS 561, 603 & 619 Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046 History: DOA 7-2006, f. & cert. ef. 3-10-06 DOA 13-2002, f. & cert. ef. 4-11-02 AD 21-1990, f. & cert. ef. 11-27-90 AD 13-1978, f. & ef. 9-5-78 AD 1005(19-73), f. 12-5-73, ef. 12-25-73