justicedao/ipfs_state_laws huggingface dataset:
603-008-0010 Purpose The purpose of OAR 603-008-0000 to 603-008-0060 is to provide criteria and procedures for administration of the Oregon Meat Processing Infrastructure and Capacity Building Grant Program. Statutory/Other Authority: HB 2785 (2021), ORS 561.020 & ORS 561.190 Statutes/Other Implemented: HB 2785 (2021) History: DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022
603-008-0020 Eligible Applicants Applicants must meet all the following requirements to be eligible for the Oregon Meat Processing Infrastructure and Capacity Building Grant Program: (1) Must be an establishment, as that term is defined in ORS 619.010(8), located in Oregon or planning to become such an establishment within the grant period; (2) Must be registered to do business in Oregon and in good standing with the Oregon Secretary of State, the Department, and the Oregon Department of Revenue, as applicable, or must fall under the jurisdiction of a tribal government; and (3) Must be one or more of the following: (a) Planning to expand meat processing capacity to include animals raised in Oregon and planning to operate under a program of state inspection; (b) Planning to build a new establishment to process meat, including animals raised in Oregon, and planning to operate under a program of state inspection; or (c) Planning to expand an official federal establishment under continuous inspection by the U.S. Department of Agriculture's Food Safety and Inspection Service pursuant to the Federal Meat Inspection Act and planning to increase processing of meat from animals raised in Oregon. Statutory/Other Authority: HB 2785 (2021), ORS 561.020 & ORS 561.190 Statutes/Other Implemented: HB 2785 (2021) History: DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022
603-008-0030 Standards to Determine Project Eligibility (1) The Department shall award Meat Processing Infrastructure and Capacity Building grant funds of up to $750,000 per application. All grant funds must be distributed by June 30 of the biennium in which the grant was awarded. (2) Grant funds must be used to expand or build new processing capacity for animals raised in Oregon, including: (a) Upgrades to and/or expansion of establishments that are expected to operate under a program of state inspection; (b) Construction of new establishments that are expected to operate under a program of state inspection; or (c) Expansion of establishments that operate under a program of federal inspection and plan to increase processing of meat from animals raised in Oregon. (3) Grant funds may also be used for costs related to the activities described in section (2) of this rule, including technical assistance, planning, construction, and the purchase of equipment. (4) Preference shall be given to establishments that prioritize seasonally feasible processing of meat from animals raised in Oregon. Preference may also be given to establishments that address gaps in type of processing or gaps in species processing; or expand existing or develop new processing in areas of Oregon with limited access to meat processing services. Statutory/Other Authority: HB 3410 (2023), ORS 561.020, ORS 561.190 & OL 2021, Chap. 537 Statutes/Other Implemented: HB 3410 (2023) & OL 2021, Chap. 537 History: DOA 9-2025, amend filed 04/22/2025, effective 04/22/2025 DOA 7-2023, temporary amend filed 03/23/2023, effective 03/23/2023 through 09/18/2023 DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022
603-008-0040 Review of Applications and Procedures (1) The Notice of Grant Opportunity/Request For Applications (RFA) shall describe the review criteria and shall also include information on grant requirements, timelines, and process. (2) Department staff shall develop a grant application review sheet that facilitates the review process. All members of the Grant Review Team shall use the grant application review sheet. (3) The Department shall conduct a first-level administrative review to determine whether minimum proposal requirements are met, and the application is complete. (4) The Grant Review Team shall evaluate the merits of the proposal against the review criteria and make a funding recommendation for each proposal for the Director's consideration. Applicants may be invited to make presentations to provide additional information to the Grant Review Team at review meetings. (5) After the Grant Review Team has completed the technical review, Department staff shall compile Grant Review Team recommendations for the Director, which shall also include information such as geographic distribution, services to special populations, the applicant's history, if any, as a state grantee, and the applicant's capacity to perform the work. (6) Recommendations shall be forwarded to the Director for final review and selection, as provided in OAR 603-008-0050. Statutory/Other Authority: HB 2785 (2021), ORS 561.020 & ORS 561.190 Statutes/Other Implemented: HB 2785 (2021) History: DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022
603-008-0050 Grant Awards (1) The Director shall review the final funding recommendations and shall make one of the following decisions for each application: (a) Approve application and award grant for the full amount requested; (b) Approve application and award grant for a specific proposal component that may be less than the amount requested. In this instance, the Director may elect to fund a portion or phase of the application; (c) Defer the application for further consideration based upon submission of additional information; or (d) Deny the application and funding request. (2) The Director retains ultimate authority to determine which projects are funded, and in what amounts. The Director reserves the right to increase existing awards and to approve additional awards in order to distribute unspent funds. Statutory/Other Authority: HB 2785 (2021), ORS 561.020 & ORS 561.190 Statutes/Other Implemented: HB 2785 (2021) History: DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022
603-008-0060 Grant Administration (1) The Department and the grant recipient shall sign a grant agreement that incorporates the full application. (2) Grant funds shall be disbursed according to the approved payment schedule of up to 75 percent upon execution of the grant agreement and the remaining percentage upon submission of a progress report, a financial expenditure worksheet including receipts, photos, a list of expenditures, a plan for the final use of the disbursement, and a site visit by ODA. Furthermore, awardees who are seeking state inspection must have scheduled an initial consultation with ODA Food Safety. (3) Grantees shall provide a final report documenting the results of the project as outlined in the grant agreement. (4) Grantees shall maintain project records and shall make them available to the Department in accordance with the terms of the grant agreement. (5) Unexpended grant funds not used by the grantee will be reverted to the Oregon Meat Processing Infrastructure and Capacity Building Grant Program for reallocation. Statutory/Other Authority: HB 3410 (2023), ORS 561.020, ORS 561.190 & OL 2021, Chap. 537 Statutes/Other Implemented: HB 3410 (2023) & OL 2021, Chap. 537 History: DOA 9-2025, amend filed 04/22/2025, effective 04/22/2025 DOA 7-2023, temporary amend filed 03/23/2023, effective 03/23/2023 through 09/18/2023 DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022
603-009-0000 Definitions As used in this division of administrative rules, unless the context requires otherwise: (1) “Agribusiness” means any business that deals with agricultural products or services. (2) “Department” means the Oregon Department of Agriculture. (3) “Director” means the director of the Department of Agriculture. (4) “Rural Area” means any area within the state of Oregon except the urbanized portions of metropolitan statistical areas, as determined by the U.S. Bureau of the Census. NOTE: Standards to determine project eligibility and applicable procedures for a competitive statewide program for grants made from the Oregon Agricultural Opportunities fund. Statutory/Other Authority: ORS 561 & 576 Statutes/Other Implemented: ORS 576.013 History: AD 13-1989, f. & cert. ef. 9-18-89
603-009-0010 Purpose The purpose of this division of rules is to provide criteria and procedures for administration of the Oregon Agricultural Opportunities Fund. Statutory/Other Authority: ORS 561 & 576 Statutes/Other Implemented: ORS 576.013 History: AD 13-1989, f. & cert. ef. 9-18-89
603-009-0020 Eligible Applicants Eligible applicants shall include: (1) Cities, counties, councils of government, and state agencies. (2) Private nonprofit organizations. (3) Consortia and combinations of the above. Statutory/Other Authority: ORS 561 & 576 Statutes/Other Implemented: ORS 576.013 History: AD 13-1989, f. & cert. ef. 9-18-89
603-009-0030 Standards to Determine Project Eligibility (1) The Director will consider applications for agricultural promotion and marketing projects which: (a) Encourage existing Oregon agribusiness expansion; (b) Encourage new agribusinesses to locate in Oregon; (c) Encourage existing Oregon agribusiness expansion with emphasis on promotion of Oregon agricultural products. (2) Each project submitted for consideration will be evaluated primarily for potential economic benefit to Oregon, based on how well the project meets the following criteria: (a) Emphasizes agricultural development in underdeveloped rural areas of Oregon, and in those areas dependent on agriculture related industries; (b) Ongoing and long-term benefits to the state; (c) Assurance that each project does not supplant private investment or duplicate similar efforts underway and available elsewhere; (d) Encourage competition in national or international markets; (e) Assurance that each project will not require continuing subsidies; (f) Commitment of at minimum a one to one match to the grant of which at least 25% of the match must be “cash,” the remaining may be provided with “in-kind” contributions. (3) The following expenditures are not considered as eligible for funding through the Oregon Agricultural Opportunities Fund: (a) Existing costs of operation; (b) Debt service or debt retirement; (c) Projects administered or managed primarily by for-profit organizations. (4) The Director shall consider projects for funding and shall make grant awards as he determines appropriate, provided each project approved for funding includes a marketing plan which has also been reviewed and recommended for approval by staff of the Department. The marketing plan shall include: (a) Identification of the industries, industry segments, geographic regions or other groups and factors to be targeted by the marketing program; (b) A listing of the themes or advertising messages to be presented to the target audiences; (c) Identification of the means to be used to communicate information to the target groups; (d) Summary of the market research upon which the development of the marketing plan was based; (e) Methods to be used to test the effectiveness of the program; (f) An expenditure and implementation plan which specifies the cost and timetable for carrying out the proposed marketing program. Statutory/Other Authority: ORS 561 & 576 Statutes/Other Implemented: ORS 576.013 History: AD 13-1989, f. & cert. ef. 9-18-89
603-009-0040 Application Procedures (1) Application forms for the competitive statewide grants program will be made available and distributed by the Department. (2) Each applicant shall submit its proposal for funding on the approved application form, including attachments as necessary. Statutory/Other Authority: ORS 561 & 576 Statutes/Other Implemented: ORS 576.013 History: AD 13-1989, f. & cert. ef. 9-18-89
603-009-0050 Review of Applications (1) Each application will first be screened by staff from the Department for completeness and accuracy. Applications not meeting these initial review standards may be returned for correction or completion, or may not be recommended for further consideration. In the latter case, applicants interested in reapplying will be advised on improvements essential for future proposals. (2) During the review process, staff from the Department may engage other parties — such as advisory committees and representatives of other state agencies — to provide technical critiques of the proposed project and opinions on its potential economic benefits to Oregon. Statutory/Other Authority: ORS 561 & 576 Statutes/Other Implemented: ORS 576.013 History: AD 13-1989, f. & cert. ef. 9-18-89
603-009-0060 Grant Awards (1) The Director will review the recommendations of staff as well as current information on available lottery revenues. (2) The Director will review those proposals that have been recommended by staff from the Department and will make one of the following decisions for each proposal. (a) Approval of project and grant award for the full amount requested; (b) Approval of project and grant award of partial amount requested. In this instance, the Director may elect to fund a portion or a phase of a project; (c) Deferral of proposal for further consideration based upon submission of additional information; (d) Denial of request. Applicants whose proposals are denied may reapply at subsequent deadlines. (3) The Director may invite applicants to make presentations on behalf of their proposals at review meetings. (4) Any funds not allocated within the current quarter may be carried forward into the next quarter. (5)(a) Generally, the Director will obligate only those revenues available in the current quarter and will not obligate lottery revenues from future quarters to grants under consideration; (b) In some instances, project scope and duration may justify allocations of funds before collection. When this condition arises, the Director may make a commitment to an applicant based on forecasted and anticipated lottery revenues, provided: (A) The commitment clearly explains that any ultimate grant award is contingent upon actual lottery collections; and (B) The commitment provides options for both the applicant and the Director should the forecasted revenues fail to materialize. Options shall range from full award of the identified amount, a partial award based on proportions of lottery revenues (or other calculations), to cancellation of the commitment if revenues are too far below the forecasted levels. Statutory/Other Authority: ORS 561 & 576 Statutes/Other Implemented: ORS 576.013 History: AD 13-1989, f. & cert. ef. 9-18-89
603-009-0070 Grant Administration (1) The Director and the grant recipient will enter a grant agreement that provides: (a) Incorporation of the full proposal as an integral part of the agreement; (b) The grant will be disbursed according to an approved payment schedule, which shall also be incorporated as an integral part of the grant agreement. Prior to each subsequent grant payment, or upon request by the Department, the grantee will submit an interim report for evaluation by the Department. This report shall include: (A) Documentation of project results to date: (B) Projections of short-range and long-range results; (C) Discussion of project benefits; (D) Estimates of final results. (c) In the event an interim report is deemed unsatisfactory by the staff of the Department, the Director will withhold the relevant payment pending resolution of the identified deficiencies. Grantees consistently unable to meet performance standards as agreed upon will be subject to review by the Director and, if necessary, cancellation of the grant agreement. (2) Within six months of the official close of the project, each recipient shall submit a final report to the Department. This report will provide the most current and detailed information on project benefits as compared with the original criteria. (3) Grantees must give credit to the Department of Agriculture and the Oregon State Lottery in all project publicity. (4) Grantees must maintain project records sufficient for monitoring by the Department. (5) Grantees that cannot complete their projects within the contractual timelines must so inform the Department and request a formal extension to the project. (6) Unexpended grant funds not used by the grantee will be reverted to the Oregon Agricultural Opportunities Fund for reallocation. (7) Grantees are responsible for having their projects audited annually for program and financial compliance. Audits may coincide with the grantee’s normal fiscal year audit cycle. A copy of the audit is to be forwarded to the Department of Agriculture. Statutory/Other Authority: ORS 561 & 576 Statutes/Other Implemented: ORS 576.013 History: AD 13-1989, f. & cert. ef. 9-18-89
603-010-0052 Open Cattle Range No person shall turn upon, or allow to run upon the open range, any bull other than a purebred bull of the following recognized beef breeds: (1) Angus. (2) Shorthorn. (3) Hereford. (4) Charolais. (5) Santa Gertrudis. (6) Galloway. (7) Devon. (8) Limousin. (9) Simmental. (10) Beefmaster. (11) Gelbvieh. (12) Saler. (13) Brangus. Statutory/Other Authority: ORS 561.180, 604.027 & 607.261 Statutes/Other Implemented: ORS 607.261 History: AD 6-1992, f. & cert. ef. 6-3-92 AD 777, f. 1-20-64, cert. ef. 2-15-64 AD 607, f. & cert. ef. 2-11-59
603-010-0053 Definition As used in ORS Chapter 607, “swine” means a breed of domestic pig that is used for food production, but does not include any breed used primarily as a pet (e.g., pot-bellied pig). Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 607.005 History: AD 7-1997, f. & cert. ef. 6-10-97
603-010-0055 Feral Swine Feral swine are animals of the genus Sus which meet the following conditions: (1) The animals are free roaming on public or private lands and not being held under domestic management confinement; (2) No notification to the land owner, manager, or occupant has been made by the swine owner or their representative of specifically identified and described swine having escaped domestic management confinement within a radius of five (5) miles during the past five (5) days; (3) The swine under consideration do not appear to be domesticated and are not tame; and (4) The swine under consideration do not meet the identification and description of escaped swine in section (2) above. Statutory/Other Authority: ORS 561 & 610 Statutes/Other Implemented: ORS 561 & 610 History: DOA 23-2001, f. & cert. ef. 10-4-01 DOA 10-2001(Temp), f. & cert. ef. 6-6-01 thru 11-28-01
603-010-0056 Fee for Determining Adequacy of a Fence (1) If requested to, or when cattle or equines break through a fence on the open range and a determination of the adequacy of the fence is necessary in order to determine whether the cattle or equines are unlawfully trespassing, the State Department of Agriculture shall make the determination of the adequacy of the fence and shall consider, among other things, the customs and practices of good animal husbandry in the particular area with reference to fences. (2) The charge for such service shall be the sum of the mileage to and from the site of the fence in question, at the state mileage charge, plus $30.00 per hour for the time spent traveling to and from the site and time for the determination of the adequacy of the fence in question. Statutory/Other Authority: ORS 607 Statutes/Other Implemented: ORS 607 History: DOA 1-2010, f. & cert. ef. 1-7-10
603-010-0100 Restrictions; Airborne Hunting (1) The Department is authorized to regulate the control of predatory animals and to regulate the control of animals that are a menace pursuant to ORS Chapters 610 and 570. The federal Fish and Wildlife Act of 1956 as amended (16 U.S.C. Section 742 et seq.) allows for airborne hunting under certain circumstances. Pursuant to this Act, airborne hunting or shooting of animals is prohibited without a permit being issued by a state authority. The Department has agreed to act as such state authority under the provisions of said federal Act, for the issuance of such permits. Coyotes and feral swine located in an established control area shall be the only animals that may be the target of the permitted airborne hunting. The protection of livestock, domesticated animals and natural resources shall be the only purpose for which a permit may be issued or used. (2) Unless otherwise provided by law, any airborne hunting or harassment of other species of animals, or of coyotes or feral swine without a permit being obtained under the provisions of OAR 603-010-0105 and 603-010-0110, or for purposes other than the protection of livestock, domesticated animals or natural resources shall subject the hunter, his pilot and assistants, and his equipment to the forfeiture and penalty provisions of the federal Fish and Wildlife Act of 1956 as amended. Statutory/Other Authority: ORS 561 & 610 Statutes/Other Implemented: ORS 610.005 History: DOA 15-2000, f. 5-31-00, cert. ef. 6-1-00 DOA 5-2000(Temp), f. & cert. ef. 1-24-00 thru 7-21-00 AD 11-1979, f. & ef. 9-7-79
603-010-0110 Records and Reports; Airborne Hunting (1) The permittee shall make, and maintain for a least one year after the cessation of the permitted airborne hunting, the records prescribed by the Department, including the following: (a) The species and numbers of animals taken through airborne hunting, with the indication as to whether coyotes or feral swine taken were target or nontarget animals; (b) The dates and areas of the taking of the coyotes or feral swine; and, if applicable (c) The disposition of any pelts obtained from the coyotes, or any part of a feral swine and the values received therefore. (2) The records required to be made and maintained by section (1) of this rule shall be made available to the Department for inspection and verification. Upon request of the Department, such record information shall be submitted to the Department in the form of a report. Statutory/Other Authority: ORS 561 & 610 Statutes/Other Implemented: ORS 610.005 History: DOA 15-2000, f. 5-31-00, cert. ef. 6-1-00 DOA 5-2000(Temp), f. & cert. ef. 1-24-00 thru 7-21-00 AD 11-1979, f. & ef. 9-7-79
603-011-0053 Hazardous Animal Vaccines In addition to the hazardous vaccines and products identified in ORS 596.065(1)(a), i.e., Brucella abortus vaccine, Hog cholera vaccine, Rabies vaccine and biologics not approved by the U.S. Department of Agriculture for general use, and as provided in subsection (1)(b) of this statute, Pseudorabies vaccine is declared a hazardous vaccine and subject to the prohibitions on uses set forth in ORS 596.075, unless the use is subject to a written permit issued by the Department under ORS 596.065(3). Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.065 History: AD 2-1985, f. & ef. 1-18-85
603-011-0201 Veterinarian’s Inspection Fees The fees for the inspection, testing, treating or examination, pursuant to the provisions of ORS 596.225, of any animals that are to remain within the state or to be removed to states where the sanitary laws require such inspection, testing, treating or examination and where performed at the request of the owner, shall be in accordance with the current schedule approved or published by the Department. Statutory/Other Authority: ORS 561 & 596 Statutes/Other Implemented: ORS 596.225 History: AD 2-1985, f. & ef. 1-18-85