justicedao/ipfs_state_laws huggingface dataset:
603-025-0530 Closure of Food Establishment That Fails to Obtain a Required Authorization (1) When the department orders the closure of a food establishment that fails to obtain a required authorization, the department shall follow the procedures set forth in this rule. (2) If a food establishment fails to obtain a required authorization, the department shall provide written notice to the owner or operator that the food establishment has 45 days from the date on which the written notice is mailed to obtain the required authorization from the department. (3) If the food establishment fails to obtain the required authorization within 45 days from the date on which the written notice in section (2) of this rule is mailed, the department shall provide written notice to the owner or operator that the food establishment has failed to obtain the required authorization, and that the department will issue a proposed order to close the food establishment if the food establishment fails to obtain the required authorization within 30 days from the date on which the written notice in this section (3) is mailed. The notice shall be mailed via certified mail to the last-known address of the owner or operator on file with the department or, if none, to the address of the food establishment. (4) If the food establishment fails to obtain the required authorization within 30 days from the date on which the written notice in section (3) of this rule is mailed, the department shall issue a proposed order to close the food establishment. A proposed order to close a food establishment issued under this section (4) is an order in contested case that is subject to the applicable provisions of Oregon Revised Statutes chapter 183 and Oregon Administrative Rules chapter 137, division 3. (5) A food establishment may request a hearing on a proposed order to close the food establishment issued under section (4) of this rule. Any hearing request must be in writing, must comply with the applicable provisions of Oregon Administrative Rules chapter 137, division 3, and must be received by the department within 10 calendar days of the date on which the proposed closure order is mailed. Statutory/Other Authority: ORS 616.697, ORS 616.695, ORS 632.705-632.815, ORsS 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
603-025-0535 Closure of Food Establishment Whose Required Authorization Has Lapsed (1) When the department orders the closure of a food establishment whose required authorization has lapsed, the department shall follow the procedures set forth in this rule. (2) As required by ORS 561.300 and OAR 603-025-0510(5), if a food establishment fails to renew a required authorization by the 30th calendar day after it lapses, the department shall give notice to the food establishment that a delinquent renewal penalty will be collected if the required authorization fee is not paid before the 60th calendar day after the authorization lapses. (3) If a food establishment fails to renew a required authorization by the 90th calendar day after the authorization lapses, the department shall provide written notice to the owner or operator that the authorization required for operating the food establishment remains lapsed and that the food establishment is considered to be operating without a license. The notice shall be mailed via certified mail to the last-known address of the owner or operator on file with the department or, if none, to the address of the food establishment. (4) If a food establishment fails to renew the required authorization within 30 days from the date on which the written notice in section (3) of this rule is mailed, the department shall issue a proposed order to close the food establishment. A proposed order to close a food establishment issued under this section (4) is an order in contested case and is subject to the applicable provisions of Oregon Revised Statutes chapter 183 and Oregon Administrative Rules chapter 137, division 3. (5) A food establishment may request a hearing on a proposed order to close the food establishment issued under section (4) of this rule. Any hearing request must be in writing, must comply with the applicable provisions of Oregon Administrative Rules chapter 137, division 3, and must be received by the department within 10 calendar days of the date on which the proposed closure order is mailed. Statutory/Other Authority: ORS 616.697, ORS 616.695, ORS 632.705-632.815, ORS 619, 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
603-025-0900 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, 616.997 & 632.995 Statutes/Other Implemented: ORS 616.997 & 632.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-025-0910 Definitions As used in OAR 603-025-0920 through 603-025-0930, 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 Chapter 616 or any rules adopted thereunder. Statutory/Other Authority: ORS 561.190, 616.997 & 632.995 Statutes/Other Implemented: ORS 616.997 & 632.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-025-0930 Penalty factors; procedure (1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 616.997, 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 food and other commodities. (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 603-025-0910 will be assessed as three times the penalty amount in OAR 603-025-0910, 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, 616.997 & 632.995 Statutes/Other Implemented: ORS 616.997 & 632.995 History: DOA 26-2018, minor correction filed 10/25/2018, effective 10/25/2018 DOA 2-2013, f. & cert. ef. 2-7-13
603-027-0030 License Fees and Categories The annual license fees for weighing or measuring instruments or devices, as provided for in ORS 618.136 and 618.141 are as follows: License Period 2025; -- 2026. (1) Discrete Weighing Devices (mfr. rated capacity): (a) 0-400 pounds — $49.00; -- $49.00; (b) 401-1,160 pounds — $97.00; -- $100.00; (c) 1,161-7,500 pounds — $196.00; -- $202.00; (d) 7,501-60,000 pounds — $294.00; -- $303.00; (e) Over 60,000 pounds — $294.00; -- $303.00; (f) Static Railroad Track Scales — $1,268.00; -- $1,307.00; (2) Continuous Weighing Systems (mfr. rated capacity): (a) Under 10 tons/hour — $369.00; -- $381.00; (b) 10-150 tons/hour — $572.00; -- $590.00; (c) 151-1,000 tons/hour — $1,143.00; -- $1,178.00; (d) Over 1,000 tons/hour — $2,536.00; -- $2,613.00; (e) In motion railroad track scales — $1,268.00; -- $1,307.00; (3) Liquid Fuel Metering Devices for Noncorrosive Fuels Contained at Atmospheric Pressure (max. device flowrate): (a) Under 20 gal/min — $40.00; -- $40.00; (b) 20-150 gal/min — $196.00 -- $202.00; (c) Over 150 gal/min — $294.00; -- $303.00; (4) Special Liquid Fuel Measuring Equipment: (a) Liquefied Petroleum Gas meters: (A) 1" pipe diameter or under — $294.00; -- $303.00; (B) Over 1" pipe diameter — $294.00; -- $303.00; (b) Liquefied Petroleum Gas Vapor-Measuring Devices: (A) 1" pipe diameter or under — $15.00; (B) Over 1" pipe diameter — $20.00. Statutory/Other Authority: ORS 618.031 Statutes/Other Implemented: ORS 618.136 & ORS 618.141 History: DOA 2-2025, amend filed 01/15/2025, effective 01/15/2025 DOA 17-2023, amend filed 04/25/2023, effective 05/10/2023 DOA 17-2018, amend filed 04/20/2018, effective 04/20/2018 DOA 17-2007, f. & cert. ef. 11-8-07 DOA 11-2007(Temp), f. 6-25-07, cert. ef. 7-1-07 thru 12-21-07 DOA 10-2002, f. & cert. ef. 3-7-02 AD 12-1996, f. & cert. ef. 12-10-96 AD 3-1992, f. & cert. ef. 4-9-92 AD 8-1990, f. 4-5-90, cert. ef. 7-1-90 AD 7-1984, f. & ef. 4-18-84 AD 5-1983, f. & ef. 5-4-83 AD 18-1977, f. & ef. 8-19-77 AD 13-1977, f. & ef. 6-17-77 AD 1083(6-76), f. 3-5-76, ef. 7-1-76 AD 1025(15-74), f. 4-30-74, ef. 7-1-74
603-027-0105 Application The Weights and Measures Packaging and Labeling requirements for all food and nonfood commodities in package form shall be the Uniform Packaging and Labeling Regulation requirements adopted by the National Conference on Weights and Measures, as published by the U.S. Department of Commerce in its NIST (National Institute of Standards and Technology Handbook 130 2009 Edition, entitled "Uniform Laws And Regulations in the areas of legal metrology and motor fuel quality". [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 618 Statutes/Other Implemented: ORS 618.016, 618.031, 618.066, 618.201, 618.211, 618.216, 618.221, 618.226, 618.231 & 618.246 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 17-2000, f. & cert. ef. 6-14-00 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 15-1986, f. & ef. 12-19-86 AD 12-1984, f. & ef. 9-24-84 AD 1011(1-74), f. 1-7-74, ef. 1-25-74
603-027-0170 Package Checking Procedures The procedures for checking the accuracy of the net content statement on packaged goods shall be those adopted by the National Conference on Weights and Measures, and contained in the Fourth Edition of NIST Handbook 133, published by the United States Department of Commerce National Institute of Standards and Technology (NIST), January 2005 and entitled "NIST Handbook 133 Checking the Net Contents of Packaged Goods". [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 618 Statutes/Other Implemented: ORS 618.016, 618.031, 618.066, 618.201, 618.211, 618.221 & 618.231 History: 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 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 15-1986, f. & ef. 12-19-86
603-027-0180 Examination Procedures for Price Verification. The procedures for price verification and accuracy in any store, including those that use Universal Product Code (U.P.C.) scanners and price-look-up codes at the checkout counter as a means for pricing, shall be those adopted by the National Conference on Weights and Measures, and contained in the National Institute of Standards and Technology (NIST) Handbook 130 2009 Edition, entitled "Uniform Laws And Regulations in the areas of legal metrology and engine fuel quality," subsection "Examination Procedure for Price Verification." [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, 618.096, 618.201 & 618.236 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 17-2000, f. & cert. ef. 6-14-00
603-027-0206 Weights and Measures Requirements The weights and measures requirements as to methods of sale of all food and nonfood commodities shall be the requirements adopted by the National Conference on Weights and Measures, as published by the United States Department of Commerce in its NIST (National Institute of Standards and Technology) Handbook 130 2009 Edition, entitled "Uniform Regulation for the Method of Sale of Commodities." [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561, 618 & 621 Statutes/Other Implemented: ORS 618.016, 618.031, 618.066, 618.201, 618.206, 618.226, 618.236, 618.241 & 618.246 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 17-2000, f. & cert. ef. 6-14-00 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 15-1986, f. & ef. 12-19-86 AD 12-1984, f. & ef. 9-24-84
603-027-0220 Exceptions to the National Institute of Standards and Technology Handbook 130 (2009 Edition) The following exceptions and amendments are made to said handbook identified in OAR 603-027-206 Method of Sale of Commodities: (1) Ready-to-Eat Food Definition. Change Section 1.12.1. Definition to read as follows: “‘Ready-to-Eat Food’ is restaurant-style food offered or exposed for sale without additional cooking or preparation, whether in restaurants, supermarkets, or similar food service establishments, packaged on the premises for convenience and presentation, and that is ready for consumption, though not necessarily on the premises where sold. Ready-to-Eat Food does not include sliced luncheon products, such as meat, poultry, or cheese when sold separately.” (2) Ready-to-Eat Food Methods of Sale. Change Section 1.12.2. Methods of Sale to read as follows: “Ready-to-Eat Food sold from bulk, or in servings packed on the premises, may be sold by weight, measure, or count (count includes servings) provided that: (a) When Ready-to-Eat Foods are sold by count or measure, when such methods of sale are not customary, they shall be offered for sale by count or measure in areas of the establishment where customers would expect to find Ready-to-Eat Foods (e.g. Deli Section, Produce Section, etc.); and (b) When Ready-to-Eat Foods are offered for sale near similar products packaged off of the premises, the Ready-to-Eat Foods shall be sold by the same method of sale as similar products.” Statutory/Other Authority: ORS 561 & 618 Statutes/Other Implemented: ORS 618.016, 618.031, 618.066, 618.201, 618.206, 618.211, 618.216, 618.221, 618.226, 618.231, 618.236 & 618.246 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 17-2000, f. & cert. ef. 6-14-00
603-027-0370 Sawdust, Barkdust, Decorative Wood Particles, and Similar Products (1) As used in this rule, “Unit” means a standard volume equal to 200 cubic feet. (2) Method of Sale. Quantity representations for sawdust, barkdust, decorative wood particles, and similar loose bulk materials when advertised, offered for sale, or sold within the state shall be in terms of cubic measure or units and fractions thereof. Statutory/Other Authority: ORS 561.190 & 618.136 — 618.246 Statutes/Other Implemented: ORS 561.190 & 618.136 — 618.246 History: AD 1012(2-74), f. 1-10-74, ef. 2-11-74
603-027-0397 Hydrocarbon Gas Vapor-Measuring Devices. (1) As used in this rule, “Hydrocarbon Gas” means propane, propylene, butanes, butylenes and any other hydrocarbon gas/air mix maintained in a vapor state. (2) Method of Sale. Hydrocarbon gas shall be offered, exposed for sale, and sold by metered cubic foot or cubic meter of vapor defined as 1 cubic foot at 60°F or 1 cubic meter at 15°C determined from legal-for-trade hydrocarbon gas vapor-measuring devices as provided in ORS 618.121 and 618.141. Any charges or custody transfer of hydrocarbon gas shall be determined by a legal-for-trade, licensed hydrocarbon gas vapor-measuring device. (3) Retention of Customer Invoices. Any person engaging in the sale of hydrocarbon gas vapor shall retain a record of: (a) Each individual hydrocarbon gas vapor-measuring device billing invoice; and (b) The applicable rate schedule for a period of not less than 12 months and shall make them available at reasonable times for inspection and copying by the customer and the Measurement Standards Division. (4) Adjustment of Overcharges. Where, initiated by a written customer complaint and through a Measurement Standards Division certification examination, a hydrocarbon gas vapor-measuring device is found to be over-registering beyond the applicable tolerance, the person using the device shall issue a refund or credit to the customer for the amount of any overcharge, without interest, computed back to the date that the person using the device determines the hydrocarbon gas vapor-measuring device error commenced, except that the period of adjustment shall not exceed six (6) months. (5) Responsibility for Licensing. The person using hydrocarbon gas vapor-measuring devices is responsible to license these devices as required in ORS 618.121 prior to them being placed into commercial service. (6) Responsibility for Testing and Certification Examinations. The person using hydrocarbon gas vapor-measuring devices is responsible for: (a) Transporting and all associated transportation costs of hydrocarbon gas vapor-measuring devices to and from the Measurement Standards Division for testing and certification examinations; (b) Assuring that a minimum of 10 percent per year of all hydrocarbon gas vapor-measuring devices in commercial service as of July 1, 2002 are delivered to the Measurement Standards Division for testing and certification examination until all such devices have been tested and certified; and (c) Assuring that all hydrocarbon gas vapor-measuring devices are delivered to the Measurement Standards Division for testing and certification examination prior to them being placed into commercial service. Statutory/Other Authority: ORS 618 Statutes/Other Implemented: ORS 618.016, 618.031, 618.051, 618.056, 618.066, 618.096, 618.121, 618.141, 618.206, 618.236 & 618.241 History: DOA 10-2002, f. & cert. ef. 3-7-02
603-027-0400 Liquid Fuels (1) As used in this rule, "Liquid Fuel" means any predominately hydrocarbon compound or mixture for use as engine or heating fuel that exists as a noncorrosive liquid at atmospheric pressure, including, but not limited to, gasoline, tractor fuel, kerosene, jet fuel, diesel, and heating oil. (2) Method of Sale. (a) Liquid fuel shall be sold by weight or liquid measure determined from legal devices as provided in ORS 618.121 and 618.141. Use of tank gaging methods that include sticks, rods, markers, or other volume-measuring elements not permanently attached or sealed to such tanks is prohibited for purposes of product sale or transfer of ownership for tanks or tank compartments with capacities of 10,500 gallons (250 Bbl.) or less. (b) The use of automatic temperature compensation with vehicle tank meter systems is prohibited. (3) Declaration of Quantity: Liquid Measure. Quantity declarations or representations in terms of liquid measure shall for wholesale transactions or deliveries indicate the volume occupied by the products at 60°F consistent with Petroleum Measurement Tables (ASTM D-1250-80) (1990) (API MPMS Ch.11.1) published by the American Society for Testing Materials, unless the measuring device and any associated bill of lading, delivery ticket, or invoice are clearly marked to indicate that: (a) The volume is based on a specified product temperature other than 60°F; or (b) The quantity declaration or representation is "not corrected to 60°F," or is otherwise qualified by language of similar import. (4) Advertising and Computing Unit Price. Whenever a liquid fuel is sold at retail by means of a computing-type device and a unit price for such fuel is advertised, posted, or displayed by the seller, the unit price at which the device is (or devices are, if more than one dispense such brand, blend, or mixture) set to compute at, shall coincide exactly with the advertised, posted, or displayed unit price for such fuel. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 618 Statutes/Other Implemented: ORS 618.016, 618.031, 618.051, 618.066, 618.076, 618.096, 618.151, 618.206 & 618.241 History: DOA 19-2010, f. & cert. ef. 9-14-10 AD 8-1990, f. & cert. ef. 4-5-90 AD 1012(2-74), f. 1-10-74, ef. 2-11-74