justicedao/ipfs_state_laws huggingface dataset:
603-025-0245 Farm Direct Consignment and Other Sales (1) Consigning agricultural producers are limited to sales of the products listed in OAR 603-025-0235(1)-(3). (a) Consignment is limited to farm direct marketers who are from the same county or from adjoining counties. (b) A farm direct marketer is prohibited from representing that products offered for sale on consignment are his/her own. (2) An agricultural producer must provide a consigning agricultural producer with documentation to be clearly and conspicuously posted during the sale of the products on consignment. The documentation must include: (a) The name of the agricultural producer that produced the product; (b) The product consigned by the agricultural producer; and (c) The address of the agricultural producer that produced the product. (3) A consigning agricultural producer must maintain separate sales logs for products sold on consignment. Sales logs must include, but are not limited to, the following information: (a) The name of the agricultural producer that produced the product; (b) The contact information of the agricultural producer that produced the product, including the address and phone number; (c) Item(s) sold on consignment; and (d) Quantity of item(s) sold on consignment. (4) Farm direct marketers and consigning agricultural producers may engage in Internet-based sales and consignment sales, but only if: (a) They sell directly to consumers within Oregon; or (b) They comply with any applicable federal requirements concerning interstate sales of agricultural products. (5) Third party organizations may actively manage the aggregation, distribution, marketing, and facilitation of sales of products described in OAR 603-025-0235(1)-(3) but may not consign, store, warehouse, or purchase for sale said products. Statutory/Other Authority: ORS 561.190 & 616.686 Statutes/Other Implemented: ORS 616.683 History: DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023 DOA 14-2012, f. & cert. ef. 6-1-12
603-025-0255 Farm Direct Exemption Prohibitions A farm direct marketer may not: (1) Sell, offer for sale, or expose for sale foods that are adulterated or misbranded under ORS 616.205 to 616.385 (Sale of Adulterated, Misbranded or Imitation Foods); (2) Receive, accept, possess, sell, offer for sale, or expose for sale food from another agricultural producer that is adulterated or misbranded under ORS 616.205 to 616.385 (Sale of Adulterated, Misbranded or Imitation Foods); (3) Commingle products; (4) Knowingly sell or offer for sale foods covered by the farm direct sales exemption to a person that is not a consumer; (a) This requirement does not apply to an agricultural producer extracting only their own honey from 20 or fewer hives; or (b) Licensed honey producers. (5) Sell foods other than those covered by the farm direct sales exemption found at OAR 603-025-0235 without an appropriate license. Statutory/Other Authority: ORS 561.190 & 616.686 Statutes/Other Implemented: ORS 616.683 History: DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023 DOA 14-2012, f. & cert. ef. 6-1-12
603-025-0275 Farm Direct Product Records (1) Raw materials, packaging materials, and finished products that are not in compliance with United States Food and Drug Administration (FDA) regulations may be considered adulterated. (2) Processing and production records for products having a water activity (aw) greater than 0.85 and having been acidified to decrease the equilibrium pH of the food to 4.6 or below must show that the process and product formulations comply with all critical factors mandated by an approved process. (a) To demonstrate compliance with acceptable equilibrium pH measurements, batch-by-batch records of pH meter calibration and batch-by-batch records of finished product testing must be maintained. (A) Finished product testing must be performed following the requirements of the 2010 version of 21 CFR 114.90(a) and (b) (Methodology). A pH meter or potentiometer is the primary instrument used in determining product pH. (B) Colorimetric methods including, but not limited to, indicator solutions and indicator paper may be used if the equilibrium pH of the product is 4.0 or lower. (b) Processing and production records must be associated with production dates and batches. (c) Any deviation from an approved process and the corrective action taken to remedy the deviation must be recorded and maintained. A product produced with a processing deviation: (A) Must not be sold for human consumption; or (B) May be sold for human consumption only if the product is reprocessed to rectify the deviation in a manner approved by a recognized process authority. (3) Processing and production records for dried or cured fruits, vegetables, edible flowers, herbs or blends of herbs, and herbal tea for which drying or curing is not part of routine post-harvest handling must show that the process ensures the removal of moisture from the food to ensure that the finished product has a water activity of 0.85 or below so bacteria, yeast and molds cannot grow. (4) Farm direct marketers must maintain sales records of products described in OAR 603-025-0235(2)-(3). Sales records must include, but need not be limited to, the following information: (a) Product(s) sold; (b) Price; (c) Quantity sold; (d) Current, rolling total of year-to-date sales. (5) Copies of all records required by OAR 603-025-0215 through 603-025-0275 must be retained at the processing facility or other reasonably accessible location for a period of three years from the date of manufacture. (a) Records must be made available to the Department upon request. (b) Failure to provide records to the Department upon request may result in the revocation of the farm direct marketer exemption. Statutory/Other Authority: ORS 561.190 & 616.686 Statutes/Other Implemented: ORS 616.683 History: DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023 DOA 14-2012, f. & cert. ef. 6-1-12
603-025-0311 Cottage Food Exemption Purpose (1) The Department recognizes cottage food establishments as a modern method of producing and selling food products. The legislative mandate in ORS 616.723 is accomplished by exempting from licensure and routine inspection of cottage food establishments that; (a) Limit their food processing activities to only those identified in OAR 603-025-0320 as permissible without a license; (b) Sell a quantity as described in OAR 603-025-0320 of products; and (c) Otherwise meet the regulatory requirements detailed in OAR 603-025-0311 to 603-025-0330. (2) The Department retains the responsibility and authority to protect public health by the enforcement of regulations consistent with interstate food safety systems associated with the production, processing, and distribution of all food products or commodities of agricultural origin. Statutory/Other Authority: ORS 561 & 616.028 Statutes/Other Implemented: ORS 616.010 & 616.723 History: DOA 5-2024, minor correction filed 04/22/2024, effective 04/22/2024 DOA 4-2024, adopt filed 04/18/2024, effective 04/18/2024
603-025-0315 Definitions for Cottage Food Exempt Activities In addition to the definitions set forth in ORS 616.695, ORS 616.723, and OAR 603-025-0010, the following shall apply to OAR 603-025-0311 to 603-025-0330: (1) “Annual gross sales” means the annual retail sale value of food sold by the person or persons operating a Cottage Food establishment. (2) “Baked goods” means bakery products, as defined in ORS 625.010(2), that are not time/temperature controlled for safety foods. (3) “Confectionary items” mean candy or sweets, that are not time/temperature controlled for safety foods. (4) “Cottage Food” means food prepared at a cottage food establishment for public distribution. (5) “Cottage Food Establishment” means a food establishment that meets the requirements under OAR 603-025-0320(1). (6) “Event” means a singular location where in-person sales occur. (7) “Food handler training program” means a food handler training program offered by the Oregon Health Authority or designated agent of the Oregon Health Authority, or offered by a local public health authority or designated agent of the local public health authority that has been approved by the Oregon Health Authority. (8) “Freeze dried food” means food that has gone through a process of having water removed by being frozen and placed under a vacuum, allowing the ice to change directly from solid to vapor without passing through a liquid phase. (9) “Marijuana”, “Marijuana item”, “Cannabinoid product”, “Cannabinoid concentrate”, and “Cannabinoid extract” have the meaning given those terms in ORS 475C.009. (10) “Package” means to place food into a container that directly contacts the food and that the end user receives. (11) “Potentially hazardous food” or “time/temperature controlled for safety food” means food requiring temperature control due to the capacity to support the rapid and progressive growth of infectious microorganisms or the growth of toxic microorganisms. These foods include, but are not limited to: (a) Food containing fresh, frozen, or dried meat (including jerky); (b) Food made with fish or shellfish products; (c) Food that requires any type of refrigeration after production; (d) Focaccia-style breads made with vegetables or cheese; and (e) Candied fresh fruit products including caramel and candy apples. (f) Foods; (A) That have been heat-treated to destroy vegetative cells and subsequently packaged with a pH level greater than 4.60; or (B) With a water activity (Aw) greater than 0.850. (12) “Repackage” means transfer of a food from one container to another without any processing to alter the food’s state or characteristics. Statutory/Other Authority: ORS 561, 616 & 625 Statutes/Other Implemented: ORS 561 & 616 History: DOA 6-2024, minor correction filed 04/22/2024, effective 04/22/2024 DOA 4-2024, amend filed 04/18/2024, effective 04/18/2024 DOA 12-2016, f. & cert. ef. 5-19-16
603-025-0325 Labeling (1) The label’s principal display panel for cottage food must contain the following statement, “This product is homemade, is not prepared in an inspected food establishment, and must be stored and displayed separately if merchandised by a retailer.” (2) The label of food prepared in a licensed domestic kitchen, or a cottage food establishment must include: (a) The name of the food; (b) The ingredients (and sub-ingredients) of the food in descending order by weight or volume; (c) Any applicable allergen warnings as specified in The Food Allergen Labeling & Consumer Protection Act of 2004 (FALCPA); (d) The business name for the food establishment; (e) The address of the food establishment, including; (A) The full street address, city, state, and zip code; (B) The city, state, and zip code if the name and address of the food establishment are listed in a city directory; or (C) The Unique Identification number provided by the Department as detailed in OAR 603-025-0335; (f) The phone number for the cottage food establishment; (g) The net weight or net volume of the product in both English and metric units; (h) If the label provides any nutrient content claim, health claim or other nutritional information, product nutritional information as described in Title 21, Part 101 of the Code of Federal Regulations (2015); and (i) If there are pets in the residential dwelling the food label must include a statement that: (A) Pets were present in the residential dwelling; (B) Includes the species using the common or usual name of the pet. Examples include, but are not limited to: cat, dog, or rabbit; and (3) All labeling must be done with a print or type size that is conspicuous and easy to read and; (a) Such a font size must be a minimum height of 1/16” of a lower case “o”; and (b) Must be prominently displayed and may not be obscured, hidden, or detracted by logos or artwork. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 561 & ORS 616.723 History: DOA 4-2024, amend filed 04/18/2024, effective 04/18/2024 DOA 12-2016, f. & cert. ef. 5-19-16
603-025-0328 Record Requirements (1) The cottage food establishment must maintain sales records -that include the following information: (a) Location of sale; (A) Grouped sales associated with an event may be a single address and must include event organizer contact details if applicable; (B) Food establishment sales outlet address, including point of contact information; or (C) Individual online sales address and contact information. (b) Date sold or shipped; (c) Food(s) sold; (d) Price; and (e) Quantity. (2) A record of the cottage food establishments calculation of annual gross sales ensuring that sales meet the requirements of OAR 603-025-0320(e). (3) Documents that demonstrate that the cottage food establishment complied with the requirements of OAR 603-025-0320. (4) Copies of all required records must be retained at a reasonably accessible location for a period of three years and must be made available to the Department for review within five business days. Statutory/Other Authority: ORS 616.723 Statutes/Other Implemented: ORS 561 History: DOA 4-2024, adopt filed 04/18/2024, effective 04/18/2024
603-025-0330 Revocation of Exemption The Department may order a food establishment to become licensed under ORS 616.695 to 616.755 and OAR 603-025-0500 or OAR 603-021-0650 if it; (1) Fails to comply with OAR 603-025-0311 to 603-025-0330; (2) Fails to test food products that have a reasonable suspicion of being a time/temperature controlled for safety foods as required under OAR 603-025-0320(2); (3) Fails to maintain or refuses to provide records as required in OAR 603-025-0328; or (4) Fails to provide reasonable access to the food establishment or interferes with inspections necessary to protect public health. Reasonable access is between the weekday hours of 8 am to 5 pm, except that if the Department deems it necessary, inspection may occur on weekends or holidays or at any other times cottage foods are being processed, prepared, packaged, or handled. Statutory/Other Authority: ORS 561, 183, 616.028 & 616.273 Statutes/Other Implemented: ORS 561 History: DOA 4-2024, amend filed 04/18/2024, effective 04/18/2024 DOA 12-2016, f. & cert. ef. 5-19-16
603-025-0335 Unique Identification Number (1) A cottage food establishment or licensed domestic kitchen may request a unique identification number from the Department to use on a food label as an alternative to a business address by: (a) Submitting the complete form designated by the Department, along with any requested information or documentation; and (b) Payment of a $25 fee. (2) Each unique identification number shall expire on June 30 next following the date of issuance and may be renewed by payment of a fee of $25 prior to the expiration of the number, except that registration issued before June 30th of 2024 shall be valid until June 30th of 2025. (3) The use of expired or unauthorized unique identification numbers constitutes misbranding. (4) The unique identification number is personal to the applicant and may not be transferred. A new number is necessary if the business entity is changed, or if the membership of a partnership is changed, irrespective of whether or not the business name is changed. Statutory/Other Authority: ORS 616.273 & 616.250 Statutes/Other Implemented: ORS 561 History: DOA 4-2024, adopt filed 04/18/2024, effective 04/18/2024
603-025-0500 License Fees and Categories for Food Establishments Except as otherwise provided in ORS 616.695 to 616.755, a person may not operate a “food establishment,” as defined in ORS 616.695(2), without first obtaining and thereafter maintaining a license from the department. Pursuant to ORS 616.706, the department may establish license fees for food establishments based on the license applicant’s annual gross dollar volume of sales of covered operations in Oregon. The annual license fees for food establishments are as follows: (1) Retail food establishment, as defined in OAR 603-025-0010(11) (annual gross dollar volume of sales): (a) $0-$5,000: $159 (b) $5,001 - $50,000: $159 (c) $50,001 - $500,000: $317 (d) $500,001 - $1,000,000: $381 (e) $1,000,001 - $5,000,000: $571 (f) $5,000,001 - $10,000,000: $696 (g) Greater than $10,000,000: $824 (2) Food storage warehouse, as defined in OAR 603-025-0010(13) (annual gross dollar volume of sales): (a) $0 - $5,000 - $127 (b) $5,001 - $50,000 - $127 (c) $50,001 - $500,000 - $159 (d) $500,001 - $1,000,000 - $159 (e) $1,000,001 - $5,000,000 - $159 (f) $5,000,001 - $10,000,000 - $159 (g) Greater than $10,000,000 - $191 (3) Food processing establishment, as defined in OAR 603-025-0010(10) (annual gross dollar volume of sales): (a) $0 - $5,000 - $381 (b) $5,001 - $50,000 - $381 (c) $50,001 - $500,000 - $539 (d) $500,001 - $1,000,000 - $634 (e) $1,000,001 - $5,000,000 - $824 (f) $5,000,001 - $10,000,000 - $950 (g) Greater than $10,000,000 - $1,077 (4) Farm mixed-type facility, as defined in OAR 603-025-0010(8) (annual gross dollar volume of sales): (a) $0 - $5,000 - $381 (b) $5,001 - $50,000 - $381 (c) $50,001 - $500,000 - $539 (d) $500,001 - $1,000,000 - $634 (e) $1,000,001 - $5,000,000 - $824 (f) $5,000,001 - $10,000,000 - $950 (g) Greater than $10,000,000 - $1,077 (5) Domestic kitchen establishment, as defined in OAR 603-025-0200(1): $223 Statutory/Other Authority: ORS 561 & ORS 616 Statutes/Other Implemented: ORS 616.706 & OL 2021, Ch. 564 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 12-2018, adopt filed 03/12/2018, effective 03/12/2018
603-025-0510 New License Payments; Food Establishment License Expiration; Operating without a License (1) New license payments must be received within 14 calendar days of the department’s initial approval inspection or a change of ownership. If a new license payment is not received within 14 calendar days of the initial approval inspection or a change of ownership, 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 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 food establishment 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. Statutory/Other Authority: ORS 561 & 616 Statutes/Other Implemented: ORS 561.300 & 616.706 History: DOA 12-2018, adopt filed 03/12/2018, effective 03/12/2018
603-025-0520 Scope and Purpose OAR 603-025-0520 to 603-025-0535 set forth the procedures that the Department of Agriculture will follow when it orders the closure of a food establishment that has failed to obtain a required authorization from the department, or whose required authorization has lapsed. OAR 603-025-0520 to 603-025-0535 set forth the procedures that the Department of Agriculture will follow when it orders the closure of a food establishment that has failed to obtain a required authorization from the department, or whose required authorization has lap Statutory/Other Authority: ORS 616.697, ORS 632.705-632.815, ORS 616.692, ORS 621-622, ORS 624-625 & ORS 561.300 Statutes/Other Implemented: ORS 616.697 & ORS 183.745 History: DOA 20-2021, adopt filed 06/07/2021, effective 06/07/2021
603-025-0525 Definitions (1) The definitions in this rule apply to OAR 603-025-0520 to 603-025-0535. (2) “Required authorization” means a license, permit, certificate or other approval for the operation of a food establishment that a person is required by law to obtain from the department. (3) “Fails to obtain a required authorization,” including variations of that phrase, means that a food establishment is operating without an authorization from the department that is required by law. “Fails to obtain a required authorization” includes, but is not limited to, when a food establishment fails to pay a license payment within 14 calendar days of the department’s initial approval inspection or a change of ownership, in which case the failure to obtain a required authorization is treated as beginning on the 14th calendar day after the department’s initial approval inspection or a change of ownership. (4) “Food establishment” has the meaning given that term in ORS 616.695. (5) “Lapsed” means that a required authorization has expired. Statutory/Other Authority: ORS 616.697, ORS616.695, ORS 632.705-632.815, ORs 621-622, ORS 624-625 & ORS 561.300 Statutes/Other Implemented: ORS 616.697 & ORS 183.745 History: DOA 20-2021, adopt filed 06/07/2021, effective 06/07/2021