reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 610 - Predatory Animals › Section 610.155 - Wolf Management Compensation and Proactive Trust Fund.

(1) The Wolf Management Compensation and Proactive Trust Fund is established separate and distinct from the General Fund. Interest earned on the moneys in the Wolf Management Compensation and Proactive Trust Fund shall be credited to the fund. All moneys in the fund are continuously appropriated to the State Department of Agriculture for the purpose of establishing and implementing the wolf depredation compensation and financial assistance grant program described in ORS 610.150.
(2) The fund shall consist of moneys appropriated by the Legislative Assembly for the purposes of the fund and any gifts, grants, donations, endowments or bequests from any public or private source. The State Department of Agriculture may seek out and receive any gifts, grants, donations, endowments or bequests for the purpose of establishing and implementing the wolf depredation compensation and financial assistance grant program described in ORS 610.150. The department shall deposit such moneys into the fund. [2011 c.690 §2]
Note:
See note under 610.150.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 610 - Predatory Animals › Section 610.990 - Penalties.

(1) Violation of ORS 610.045 is a Class A violation.
(2) Violation of ORS 610.050 is a Class A misdemeanor. [Amended by 1959 c.299 §3; subsection (2) enacted as 1959 c.299 §2(3); 1971 c.743 §401; 1981 c.95 §4; 1999 c.1051 §209; 2011 c.597 §251]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.010 - State Department of Agriculture and Oregon Health Authority to administer and enforce food laws.

The duty of administration and enforcement of all regulatory legislation applying to:
(1) The production, processing and distribution of all food products or commodities of agricultural origin shall, in addition to such further legislation as shall specifically name the State Department of Agriculture as the administering agency, be performed by the department to the exclusion of any other department not so specifically named, except as provided in ORS 475C.493.
(2) The sanitation of establishments where food or drink is consumed on the premises where sold, or to sanitary practices used in such establishments, shall be performed by the Oregon Health Authority. [Amended by 1983 c.740 §230; 2009 c.595 §991; 2015 c.614 §115]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.015 - Cooperation between Oregon Health Authority and State Department of Agriculture.

In order to more effectively utilize the agencies of the state in the public interest and without unnecessary duplication and expense, the relationship between the production, processing and distribution of food and the public health hereby is recognized. Therefore there shall be the fullest cooperation between the Oregon Health Authority and the State Department of Agriculture. [Amended by 2009 c.595 §992]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.020 - Surveys, investigations and inquiries by Oregon Health Authority.

(1) In addition to any Oregon Health Authority survey, investigation or inquiry authorized by law that involves the production, processing or distribution of agricultural products, the authority shall make such further surveys, investigations or inquiries as may be requested by the Director of Agriculture for the purpose of showing the manner in which the production, processing or distribution of agricultural products may affect the public health.
(2) In order that maximum protection to the public health may result from the activities of the authority and the State Department of Agriculture, the authority shall notify the Director of Agriculture in writing of any contemplated survey that affects or may affect agricultural products that are under the regulation of the department. The notice shall cover in detail the scope of the survey under consideration, and the reasons therefor. However, this section shall not be construed as prohibiting the authority from taking immediate action in any case where such action seems necessary in the interests of public health. The written notice is not required in the case of a survey instituted on the request of the Director of Agriculture.
(3) Not less than 30 days after the completion of any such survey, the authority shall file with the Director of Agriculture a certified copy of its report. The report shall include the findings of the authority with respect to all matters covered thereby. Whenever the findings in the report of any survey, investigation or inquiry made by the authority show any hazard to public health existing incident to the production, processing or distribution of any agricultural commodity, the State Department of Agriculture shall take such action as may be necessary and within the scope of its resources to remove such hazards. [Amended by 2001 c.900 §208; 2003 c.14 §362; 2009 c.595 §993]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.065 - Certificate of analysis or test as evidence.

The certificate of analysis or test of any chemist, or other authorized officer, employee or deputy of the State Department of Agriculture, signed and certified to by that person, is prima facie evidence in all courts of justice of the matters and facts certified to therein.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.073 - Policy and prohibitions on sulfite use; exceptions.

(1) The Legislative Assembly finds that sulfites used as an additive in fresh foods and foods to be consumed without cooking may have already caused the death of one Oregonian and may pose a threat to the health of thousands of Oregonians.
(2) The Legislative Assembly further finds that the presence of sulfites in fresh foods and foods to be consumed without cooking is not readily detectable by consumers of the food.
(3) It is therefore the policy of the State of Oregon to protect its citizens from the adverse effects of sulfites by:
(a) Prohibiting the use of sulfites in fresh foods and foods to be consumed without cooking by any restaurant licensed under ORS 624.010 to 624.121 and 624.310 to 624.430; and
(b) Encouraging the use of an alternative to sulfites in food processing.
(4) Subsection (3) of this section shall not prohibit the use or serving of grapes, to which sulfites have been applied in accordance with the provisions of ORS chapters 616 and 634, in facilities licensed under ORS 624.010 to 624.121 and 624.310 to 624.430. [1985 c.519 §1; 1993 c.246 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.077 - Oregon Health Authority rules; exception.

(1) The Oregon Health Authority shall adopt any rules necessary to implement the policy established in ORS 616.073.
(2) Rules adopted by the authority under subsection (1) of this section to implement the policy of the State of Oregon to prohibit the use of sulfites in fresh foods and foods to be consumed without cooking do not apply to a food processing establishment licensed under ORS 616.695 to 616.755. [1985 c.519 §§2,3; 2003 c.309 §7; 2009 c.595 §994]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.210 - "Selling of food" construed.

The provisions of ORS 616.205 to 616.295 regarding the selling of food include the manufacture, production, processing, packing, exposure, offer, possession and holding of any such article for sale; and the sale, dispensing and giving of any such article, and the supplying or applying of any such articles in the conduct of any food establishment. [Amended by 1973 c.227 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.215 - Prohibited acts.

The following acts and the causing thereof within the State of Oregon are prohibited:
(1) The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded.
(2) The adulteration or misbranding of any food.
(3) The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.
(4) The distribution in commerce of a consumer commodity if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790 and 616.992 and of rules promulgated pursuant thereto. However, this prohibition does not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons:
(a) Are engaged in the packaging or labeling of such commodities; or
(b) Prescribe or specify by any means the manner in which such commodities are packaged or labeled.
(5) The dissemination of any false advertisement.
(6) The refusal to permit entry or inspection, or to permit the taking of a sample, or to permit access to or the copying of any record, as authorized.
(7) The giving of a guaranty or undertaking which is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person from whom the person received in good faith the food.
(8) The removal or disposal of a detained or embargoed article in violation of ORS 616.225.
(9) The alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, if such act is done while such article is held for sale and results in such article being adulterated or misbranded.
(10) Forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification device authorized or required by rules promulgated under the provisions of ORS 616.205 to 616.295 and 616.305 to 616.315.
(11) The use by any person to the person’s own advantage, or disclosure, other than to the Director of Agriculture or the authorized representative of the director or to the courts when relevant in any judicial proceeding under ORS 616.205 to 616.385, of any information acquired under the authority of ORS 616.205 to 616.385 concerning any method or process which is a trade secret entitled to protection. [Amended by 1973 c.227 §3; 2001 c.320 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.217 - Restriction on labeling or selling food fish product as halibut.

No person shall label or offer for sale any food fish product designated as halibut, with or without additional descriptive words, unless such food fish product is Hippoglossus or Hippoglossus stenolepsis. [1967 c.413 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.220 - Injunction against violations of ORS 616.215.

In addition to the remedies provided by ORS 616.205 to 616.295, the State Department of Agriculture or its authorized agents may apply to the circuit court for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of ORS 616.215, irrespective of whether or not there exists an adequate remedy at law.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.225 - Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity.

(1) Whenever a duly authorized representative of the State Department of Agriculture finds, or has probable cause to believe, that any food or consumer commodity is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of ORS 616.205 to 616.295, the representative shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being adulterated or misbranded and has been detained, embargoed or seized, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by an authorized representative of the department. No person shall remove or dispose of such detained, embargoed or seized article by sale or otherwise without permission of the department.
(2) Whenever the department or any of its authorized representatives finds in any room, building, vehicle of transportation, or other structure, any meat, fluid milk, dairy product, seafood, poultry, vegetable, fruit or other perishable articles which are unsound, or contain any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same hereby being declared a nuisance, the department or its authorized representative forthwith shall condemn or destroy the same, or in any other manner render it unsalable as human food.
(3) The department shall carry out the provisions of this section as provided in ORS 561.605 to 561.630. [Amended by 1973 c.227 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.230 - Definitions and standards; conformity to federal regulations; rules.

(1) The State Department of Agriculture, by rule, shall establish definitions and standards of identity, quality and fill of container for the State of Oregon. In carrying out the provisions of this subsection, the department shall take into consideration definitions and standards established in other states and definitions and standards established pursuant to the federal Act.
(2) Whenever in the judgment of the department such action will promote honesty and fair dealing in the interest of consumers, the department shall promulgate rules establishing definitions and standards of identity, quality and fill of container for foods for which no such definitions or standards have been established under the federal Act. In addition, the department may promulgate rules supplementing or amending any rule under the federal Act which sets definitions and standards of identity, quality and fill of container for foods.
(3) Temporary permits for interstate shipment of experimental packs of food varying from the requirements of definitions and standards of identity under the federal Act are effective in this state under the conditions stated in such permits. In addition, the department may issue additional permits when such permits are determined by the department to be necessary to the completion or conclusiveness of an otherwise adequate investigation and when the interests of consumers are safeguarded. Such permits shall be subject to any terms and conditions the department may prescribe. [Amended by 1973 c.227 §5; 1975 c.304 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.245 - Adding poisonous or deleterious substance; rules.

Any poisonous or deleterious substance, other than a pesticide, added to any food except when the substance is required in the production thereof or cannot be avoided by good manufacturing practice shall be deemed to be unsafe for purposes of the application of ORS 616.235 (1)(b). When the substance is so required or cannot be so avoided, the State Department of Agriculture shall adopt rules limiting the quantity of the substance to the extent the department finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of ORS 616.235 (1)(b). While such a rule is in effect limiting the quantity of any such substance in the case of any food, the food is not, by reason of bearing or containing any added amount of such substance, considered to be adulterated within the meaning of ORS 616.235 (1)(a). In determining the quantity of the added substance to be tolerated in or on different articles of food, the department shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances. [Amended by 1973 c.227 §7; 2005 c.22 §412]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.256 - Labeling exemption for foods to be repackaged; rules.

The State Department of Agriculture may by rule exempt from any of the labeling requirements of ORS 616.205 to 616.385, food which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed. Such exemptions shall be conditioned upon the fact that such food is not adulterated or misbranded under the provisions of ORS 616.205 to 616.385, upon the removal from such processing, labeling or repacking establishment. [1973 c.227 §10 (enacted in lieu of 616.255); 2001 c.320 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.270 - Determining when label or advertisement misleading.

If any article is alleged to be misbranded because the labeling is misleading, or if any advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.275 - Liability for dissemination of false advertisement.

No publisher, radio broadcast licensee or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, is liable under this section by reason of the dissemination by the publisher, licensee or agency or medium of such false advertisement, unless the publisher, licensee or agency or medium has refused, on the request of the State Department of Agriculture, or its authorized representative, to furnish the department the name and post-office address of the manufacturer, packer, distributor, seller or advertising agency who caused the publisher, licensee or agency or medium to disseminate the advertisement.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.295 - Reports and information issuable by department.

(1) The State Department of Agriculture may cause to be published from time to time reports summarizing all judgments and court orders which have been rendered under ORS 616.205 to 616.295, 616.305 to 616.315, and 616.992, including the nature of the charge and the disposition thereof.
(2) The department also may cause to be disseminated such information regarding food as the department deems necessary in the interest of public health and the protection of the consumer against fraud.
(3) Nothing in this section shall be construed to prohibit the department from collecting, reporting and illustrating the results of its investigations. [Amended by 1973 c.227 §13; 2003 c.576 §525]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.305 - District attorney to prosecute violations.

The district attorney of each county to whom the State Department of Agriculture or its authorized representative reports any violation of ORS 616.205 to 616.295 or 616.305 to 616.315 shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.310 - Notice or warning of minor violations.

Nothing in ORS 616.205 to 616.295, 616.305 to 616.315 and 616.992 shall be construed as requiring the State Department of Agriculture to report for the institution of proceedings under those sections minor violations of those sections whenever the department believes that the public interest will be served adequately in the circumstances by a suitable written notice or warning. [Amended by 1973 c.227 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.315 - Jurisdiction of courts.

Justice courts have concurrent jurisdiction with the circuit courts for the enforcing of the provisions of ORS 616.205 to 616.295, 616.305 to 616.315 and 616.992. [Amended by 1973 c.227 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.330 - Alcoholic beverage exemption.

ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.341, 616.350 to 616.366, 616.790, 616.992, rules adopted by the Oregon Health Authority under ORS 616.077 (1) and this section do not apply to alcoholic beverages. [1973 c.227 §25a; 1985 c.519 §4; 2009 c.595 §995]
Note:
616.330 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 616 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.333 - Diethylstilbestrol use in food; label.

(1) A retail or wholesale food distributor shall place a warning label on food containing diethylstilbestrol.
(2) The label shall state:
______________________________________________________________________________
WARNING: This product contains diethylstilbestrol (DES), a synthetic hormone. Studies associate consumption of DES with vaginal cancer and male genital abnormalities.
______________________________________________________________________________
(3) As used in this section, "food" means fruits, vegetables, meats, poultry, eggs, dairy products and other natural and processed products offered for sale for human or animal consumption. [1979 c.268 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.335 - Definition for ORS 616.205 and 616.335 to 616.385.

As used in ORS 616.205 and 616.335 to 616.385, "experts qualified by scientific training and experience to evaluate the safety of food additives" or similar phrases mean individuals with sufficient training and experience in biology, medicine, pharmacology, physiology, toxicology, veterinary medicine or other appropriate sciences to recognize and properly evaluate the behavior and effects of chemical substances upon the body of humans or animals when such substances are taken into the body as food additives. [1961 c.637 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.341 - Use of poisons, pesticides or food additives restricted.

Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, with respect to any particular use or intended use, shall be considered unsafe for the purpose of application of ORS 616.235 unless there is in effect a rule promulgated pursuant to ORS 616.366 limiting the quantity of such substance, and the use or intended use of such substance conforms to the terms prescribed by such rule. While such rule relating to such substance is in effect, a food shall not, by reason of bearing or containing such substance in accordance with the rule, be considered adulterated within the meaning of ORS 616.235. [1973 c.227 §17 (enacted in lieu of 616.340)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.345 - Rules governing use of pesticide chemicals.

(1) The State Department of Agriculture shall promulgate rules establishing tolerances for pesticide chemicals or exempting them from the necessity of a tolerance as provided by ORS 616.341 with respect to the presence in or on raw agricultural commodities of poisonous or deleterious pesticide chemicals and of pesticide chemicals that are not generally recognized, among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals, as safe for use, to the extent necessary to protect the public health. In promulgating such rules, or rules authorized by ORS 616.355, the department shall give appropriate consideration to but not be limited by:
(a) The necessity for the production of an adequate wholesome and economic food supply.
(b) The other ways in which the consumer may be affected by the same pesticide chemical or by other related substances that are poisonous or deleterious.
(c) The laws and regulations of the United States and other states.
(d) The opinions of recognized experts and governmental agencies in the field of pesticide chemicals.
(2) The department shall promulgate rules exempting any pesticide chemical from the necessity of a tolerance with respect to use in or on all raw agricultural commodities when such tolerance is not necessary to protect the public health.
(3) Any person who has registered, or who has submitted an application for the registration of, an economic poison or pesticide with the department as required by law, may file with the department a petition as authorized by ORS chapter 183, proposing the promulgation of a rule establishing a tolerance for a pesticide chemical that constitutes, or is an ingredient of, such economic poison or pesticide, or exempting the pesticide chemical from the requirement of a tolerance. The petition shall contain data showing:
(a) The name, chemical identity and composition of the pesticide chemical;
(b) The amount, frequency and time of application of the pesticide chemical;
(c) Full reports of investigations made with respect to the safety of the pesticide chemical;
(d) The results of tests on the amount of residue remaining, including a description of the analytical method used;
(e) Practicable methods of removing residue that exceeds any proposed tolerance;
(f) Proposed tolerances for the pesticide chemical if tolerances are proposed; and
(g) Reasonable grounds in support of the petition. Samples of the pesticide chemical shall be furnished to the department upon request. [1961 c.637 §5; 1975 c.304 §16; 2007 c.71 §183]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.350 - Control of food additives; rules.

The State Department of Agriculture, for the protection of the health and life of animals or the people of this state, may take measures to control, limit or prohibit the use or intended use, or the presence of food additives. It may promulgate rules relating thereto. Such rules may prescribe for any reason as set forth in this section, that any food additive is unsafe within the meaning of ORS 616.235 (1)(b). In promulgating rules under the provisions of this section the authority of the department includes:
(1) Providing for an exemption from the operation of ORS 616.335 to 616.385 of the use or intended use of a specific food additive.
(2) Prescribing, with respect to one or more proposed uses of the food additive involved, the conditions under which such additive may be safely used including but not limited to, specifications as to the particular food or classes of food in or in which such additive may be used, the maximum quantity which may be used or permitted to remain in or on such food, the manner in which such additive may be added to or used in or on such food, and any directions or other labeling or packaging requirements for such additive deemed necessary to assure the safety of such use.
(3) Establishing and prescribing tolerances, if appropriate, to assure that the proposed use of a food additive will be safe. The department shall not:
(a) Fix such tolerance limitation at a level higher than it finds to be reasonably required to accomplish the physical or other technical effect for which such additive is intended.
(b) Establish a rule for such proposed use if it finds upon a fair evaluation of the data before it, that such data does not establish that such use would accomplish the intended physical or other technical effect.
(4) Prescribing for the exemption from the requirements of this section any food additive, and any food bearing or containing such additive, intended solely for investigational use by qualified experts when in the opinion of the department, such exemption is consistent with the public health. [1961 c.637 §8; 1973 c.227 §18]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.355 - Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350.

(1) Whenever the State Department of Agriculture determines under the provisions of ORS 616.341, 616.345 or 616.350 the fact that a product or food does or may seriously endanger or affect the health or life of animals or people, by reason of the addition to or the application of a pesticide chemical or other poisonous or dangerous chemical, substance or material in or on such product or food, the department is authorized and is directed to take or carry out any measure, action or procedure necessary for the protection of the health or life of animals or people.
(2) The order, rules promulgated thereunder or amendments thereto, may include:
(a) Seizing, embargoing and quarantining such product or food in accordance with the applicable provisions of ORS 561.605 to 561.630.
(b) Prohibiting temporarily or permanently the sale, offer for sale or the disposing of such product or food.
(c) Requiring reconditioning, processing or reprocessing, relabeling or other procedures as set out in ORS 561.605 to 561.625 before such product or food may be sold, offered for sale or disposed of for consumption by animals or people.
(d) Requiring such product or food to be destroyed without indemnity if it is verified it is unfit or unsafe for consumption by animals or people. [1961 c.637 §6; 1973 c.227 §19; 1975 c.304 §17]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.360 - Standards for rules.

In the promulgation of rules under ORS 616.341, 616.345, 616.350, 616.366 and 616.380, the State Department of Agriculture shall give appropriate consideration to:
(1) Measures and procedures required to protect the health and life of animals and the people of this state.
(2) The laws of other states.
(3) The laws of the United States. The department’s rules shall conform in so far as practicable with, but shall not be more restrictive than, the laws and rules of the federal Food and Drug Administration.
(4) The opinions of recognized experts and governmental agencies in the field of food additives. [1961 c.637 §9; 1973 c.227 §20]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.380 - Enforcement procedure for control of food additives.

Whenever the State Department of Agriculture determines the fact that a product or food containing a food additive is or may seriously endanger or affect the health or life of animals or people, it may seize, embargo and quarantine such product or food, or take other necessary procedures or action as authorized by ORS 616.355 for the regulation and control of pesticide chemicals or other poisonous or dangerous chemicals. [1961 c.637 §13]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.385 - Public hearing required for rules.

All rules promulgated under ORS 616.335 to 616.385 shall only be promulgated after public hearing and shall be in accordance with the applicable provisions of ORS chapter 183. [1961 c.637 §15; 2007 c.71 §184]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.555 - Definitions for ORS 616.555 to 616.585.

As used in ORS 616.555 to 616.585:
(1) "Alcoholic beverage" has the meaning given that term in ORS 471.001.
(2)(a) "Chain restaurant" means a restaurant located in Oregon that:
(A) Is part of an affiliation of 15 or more restaurants within the United States;
(B) Sells standardized menu items that constitute 80 percent or more of the menu items served in the restaurant and at least 14 of the other affiliated restaurants; and
(C) Operates under a trade name or service mark, both as defined in ORS 647.005, that is identical or substantially similar to the trade names or service marks of the affiliated restaurants.
(b) "Chain restaurant" does not mean:
(A) A restaurant located inside a facility that is subject to State Department of Agriculture inspection under an interagency agreement described in ORS 624.530, unless the trade name or service mark for the restaurant differs from the trade name or service mark of the facility containing the restaurant;
(B) A cafeteria of a public or private educational institution;
(C) A health care facility as defined in ORS 442.015; or
(D) A motion picture theater.
(3) "Food product" means a discrete unit serving of a ready-to-eat food or beverage.
(4)(a) "Food tag" means an informational label placed near a menu item that is identified or indicated by the label.
(b) "Food tag" does not mean a menu or menu board.
(5) "Menu" means a pictorial or written description of menu items that does not have a fixed location and is not intended for joint viewing by multiple patrons.
(6)(a) "Menu board" means a pictorial display or written description of menu items that:
(A) Is located where the customer places an order for a menu item; and
(B) Is not a menu or a food tag.
(b) "Menu board" does not mean a pictorial display used solely for the purpose of marketing.
(7)(a) "Menu item" means a prepared food product or a group or combination of prepared food products that is offered on a menu, menu board or food tag as a distinct article for sale.
(b) "Menu item" does not mean the following:
(A) Condiments that are made available on tables or counters for general use without charge.
(B) Food products that are offered for sale less than 90 days during a calendar year.
(C) Alcoholic beverages, except as provided by rule by the Oregon Health Authority as described in ORS 616.575.
(D) Food products in sealed manufacturer packaging.
(8) "Restaurant" has the meaning given that term in ORS 624.010. [2009 c.314 §1; 2011 c.720 §208]
Note:
616.555 to 616.590 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 616 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.560 - Determination of menu item typical values; provision of accurate information to customers.

(1) A chain restaurant shall determine typical values of the following for each menu item offered by the restaurant:
(a) Total calories.
(b) Total grams of saturated fat.
(c) Total grams of trans fat.
(d) Total grams of carbohydrates.
(e) Total milligrams of sodium.
(2) The typical values described in subsection (1) of this section must be based on calorie and nutrient databases, verifiable reference values, government standards, laboratory testing or other methods for determining nutritional values recognized by the Oregon Health Authority by rule.
(3) The chain restaurant shall maintain a written list of the typical values described in subsection (1) of this section for all of the menu items of the restaurant and make copies of the list available for distribution to customers. The chain restaurant shall provide a copy of the list to a customer who is present in the restaurant and requests nutritional information regarding any menu item.
(4) A chain restaurant may not make available to customers any typical values determined under this section that are substantially inaccurate or that the restaurant knows or should know to be false or misleading. [2009 c.314 §2; 2011 c.720 §209]
Note:
See note under 616.555.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.565 - Calorie content information for combination or multiserving items.

(1) The disclosure of calorie content information under ORS 616.570 on a menu or menu board next to a standard menu item that is a combination of at least two standard menu items on the menu or menu board must, based on all possible combinations for that standard menu item, include the minimum amounts of calories for the calorie content information and the maximum amounts of calories for the calorie content information. If there is only one possible total amount of calories, that total must be disclosed.
(2) The disclosure of calorie content information on a menu or menu board next to a standard menu item that is not an appetizer or dessert, but is intended to serve more than one individual, shall:
(a)(A) Include the number of individuals intended to be served by the standard menu item; and
(B) Include the calorie content information for an individual serving.
(b) If the standard menu item is a combination of at least two standard menu items, include the disclosure required under subsection (1) of this section. [2009 c.314 §2a]
Note:
See note under 616.555.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.575 - Rules; typical values for alcoholic beverages.

(1) The Oregon Health Authority shall adopt rules the authority considers reasonable for the administration and enforcement of ORS 616.555 to 616.580. The rules adopted by the authority must include, but need not be limited to, rules for the rounding of stated values and the establishment of specifications for total calorie statements and other required statements. In adopting rules under this section, the authority shall:
(a) To the extent the authority considers practicable, follow any relevant United States Food and Drug Administration practices, standards and rules for nutritional labeling; and
(b) Seek input from representatives of chain restaurants.
(2) The authority shall adopt rules establishing conditions under which a menu board serving the drive-through area of a chain restaurant may qualify for a full or partial exception from ORS 616.565 and 616.570. The rules shall make an exception available only if compliance with ORS 616.565 or 616.570 would require the violation of local land use laws or sign ordinances, or is impracticable due to site-specific conditions. As used in this subsection, "drive-through area" means an area where customers place orders for and receive menu items while occupying motor vehicles.
(3)(a) Notwithstanding subsection (1) of this section, the following are the typical values for alcoholic beverages:
(A) For wine, 122 calories, 4 grams of carbohydrate and 7 milligrams of sodium for a five-ounce serving;
(B) For beer other than light beer, 153 calories, 13 grams of carbohydrate and 14 milligrams of sodium for a 12-ounce serving;
(C) For light beer, 103 calories, 6 grams of carbohydrate and 14 milligrams of sodium for a 12-ounce serving; and
(D) For distilled spirits, 96 calories for a 1.5-ounce serving.
(b) A chain restaurant shall use the typical values described in paragraph (a) of this subsection when calculating the total calories for a menu item that includes one or more alcoholic beverages.
(c) The authority:
(A) May adopt rules to require total calorie disclosures for an alcoholic beverage or a menu item that contains an alcoholic beverage, only if the alcoholic beverage or menu item is offered by a chain restaurant for 90 or more days during a calendar year; and
(B) May adopt rules that exempt containers or dispensers of alcoholic beverages from the use of food tags to state standard calorie values. [2009 c.314 §4; 2011 c.720 §211]
Note:
See note under 616.555.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.580 - Inspections; notice and opportunity to cure violation; penalties.

(1) The Oregon Health Authority may inspect chain restaurants for compliance with ORS 616.560, 616.565 and 616.570 and authority rules adopted under ORS 616.575. The person operating the chain restaurant shall, upon request of the authority, permit access to all parts of the restaurant and any records in the possession of the restaurant regarding nutritional values or menu items and provide menu item samples for nutritional value testing by the authority.
(2) If a chain restaurant violates a provision of ORS 616.560, 616.565 or 616.570 or a rule adopted under ORS 616.575, the authority shall provide the restaurant with written notice informing the restaurant of the violation and stating that the restaurant may avoid a civil penalty for the violation by curing the violation within 60 days. If the chain restaurant fails to cure the violation within 60 days, the authority may impose a civil penalty of not less than $250 and not more than $1,000 for the violation. For a continuing violation, each 30-day period that the violation continues after the preceding imposition of a civil penalty is a separate offense subject to a separate civil penalty. The authority is not required to provide the chain restaurant with an opportunity to cure the continuing violation before imposing a civil penalty for the continuing violation. [2009 c.314 §5; 2011 c.720 §212]
Note:
See note under 616.555.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.590 - Lack of cause of action or claim.

ORS 616.555 to 616.585 do not create a cause of action and may not be asserted as the basis for a per se negligence claim. [2009 c.314 §7]
Note:
See note under 616.555.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.680 - Definitions for ORS 616.680, 616.683 and 616.686.

As used in this section and ORS 616.683 and 616.686:
(1) "Acidic foods" means bottled, packaged or canned foods that:
(a) Have a natural pH level of 4.6 or less;
(b) Are lacto-fermented; or
(c) Have acidity and water activity levels that meet the acidity and water activity standards of acidified foods as defined in 21 C.F.R. 114.3.
(2) "Agricultural producer" means a farmer, rancher or other person primarily responsible for the growing, raising and harvesting of agricultural products to a point at which the products are ready for direct sale.
(3) "Commingled" means that the agricultural products of more than one agricultural producer are mixed, pooled or otherwise combined prior to the sale of the products.
(4) "Consignment" means an agreement under which an agricultural producer sells to the retail purchaser the agricultural products of another agricultural producer that is located in the same county as the agricultural producer, or in any county adjoining a county in which the agricultural producer is located, without representing that the products were grown or raised by the seller.
(5) "Farm direct marketer" means an agricultural producer that sells directly to the retail purchaser the agricultural products grown, raised and harvested by that producer.
(6) "Producer-processed products" means foods:
(a) For which the principal ingredients are agricultural products grown, raised and harvested by the same agricultural producer that bottles, packages or cans the food; and
(b) For which ingredients other than principal ingredients are limited to herbs, spices, salt, vinegar, pectin, lemon or lime juice, honey and sugar. [2011 c.288 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.686 - Farm direct marketing rules.

(1) The State Department of Agriculture may adopt rules for the administration and enforcement of ORS 616.683.
(2) The State Department of Agriculture may not adopt rules to decrease an acidified food sales limit previously established by the department by rule. [2011 c.288 §3; 2019 c.57 §30; 2023 c.181 §4]
Note:
See note under 616.680.