reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.705 - Definitions for ORS 632.705 to 632.815.

As used in ORS 632.705 to 632.815:
(1) "Adulterated" has the meaning given that term in ORS 616.235.
(2) "At retail" means a sale or transaction between a retailer and a consumer.
(3) "Bulk sale" means the sale of eggs in containers other than consumer containers.
(4) "Candling" means the examination of the interior of eggs by the use of transmitted light used in a partially dark room or place.
(5) "Consumer" means any person who purchases eggs at retail or any restaurant, hotel, boarding house, bakery, or institution or concern that purchases eggs for serving to guests or patrons thereof, or for its own use in cooking or baking.
(6) "Consumer container" means a container in which eggs are packed for sale to consumers.
(7) "Container" means any box, case, basket, carton, sack, bag or other receptacle.
(8) "Department" means the State Department of Agriculture.
(9) "Egg handler" means any person who contracts for or obtains possession or control of any eggs for:
(a) Sale to another egg handler or a retailer; or
(b) Processing and sale to another egg handler, a retailer or a consumer.
(10) "Egg products" means the white, yolk, or any part of eggs, in liquid, frozen, dried, or any other form, used, intended or held for use, in the preparation of, or to be a part of or mixed with, food or food products, for human consumption, excepting products that contain eggs only in a relatively small proportion or historically have not been in the judgment of the department considered by consumers as products of the egg industry.
(11) "Eggs" or "shell eggs" means eggs in the shell from chickens, turkeys, ducks, geese or any other species of fowl.
(12) "Federal Act" means the federal Egg Products Inspection Act, 21 U.S.C. 1031 et seq., 84 Stat. 1620 et seq.
(13) "Labeling" has the meaning given that term in ORS 616.205.
(14) "Lot" means an identifiable and certain quantity, group or shipment of one grade or size of eggs of a particular producer, egg handler or retailer. Such identification and certainty may be determined by the department by container labeling of codes, numbers or dates, or invoices containing such data.
(15) "Misbranded" has the meaning given that term in ORS 616.250.
(16) "Pasteurize" means the subjecting of each particle of egg products to heat or other treatments to destroy harmful viable microorganisms, by such processes as may be prescribed by the department.
(17) "Processing" means manufacturing egg products, including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying or packaging egg products.
(18) "Retailer" means any person who sells eggs to a consumer.
(19) "Sell" or "sale" means to sell, offer for sale, expose for sale, or have in possession for sale. [1965 c.582 §1; 1975 c.748 §1; 2003 c.14 §378; 2005 c.22 §445; 2017 c.42 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.715 - Egg handler’s license.

(1) Unless the person holds a permit issued under ORS 632.730, a person may not sell or distribute within this state any eggs to consumers or to retailers without having first obtained an egg handler’s license from the State Department of Agriculture. The license is not required:
(a) Of a producer selling and delivering eggs of the producer’s own production directly to an individual consumer;
(b) For the sale of uncandled eggs to other than a consumer;
(c) For the sale by a retailer to a consumer of eggs that previously have been candled and graded by an egg handler in compliance with ORS 632.705 to 632.815; or
(d) For the sale on consignment under ORS 616.683 (2)(f) of eggs produced by a licensed egg handler.
(2) Application for an egg handler’s license shall be made to the department, on forms prescribed by the department.
(3) Each egg handler’s license expires on June 30 next following the date of issuance or on such date as may be specified by department rule. The license is not transferable to any person. The original of the license shall be conspicuously displayed in the main office of the licensee. A duplicate copy of the license shall be conspicuously displayed in each separate branch, store, sales outlet, office, warehouse or location operated or owned by the licensee in which eggs are candled or graded.
(4) The department, in accordance with ORS chapter 183, may refuse to issue, or may suspend or revoke, an egg handler’s license issued under this section, or a permit issued under ORS 632.730, if the applicant, the permit holder or the licensee has violated or is violating the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto. [1965 c.582 §2; 1975 c.748 §2; 1982 s.s.1 c.4 §12; 2007 c.768 §34; 2015 c.27 §56; 2017 c.88 §2; 2023 c.181 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.720 - Fee; rules.

An applicant for an egg handler’s license shall pay an annual license fee to the State Department of Agriculture with each application. The department may adopt rules establishing a license fee for an egg handler. Except as provided in this section, the department may not adopt a rule under this section to establish a license fee that is more than three percent higher than the fee charged during the preceding year. When adopting a rule establishing a license fee, notwithstanding the three percent limit, the department may round the fee amount to the next higher whole dollar amount. The department may not change the amount of the egg handler’s license fee more frequently than once each year. [1965 c.582 §3; 1975 c.748 §3; 1991 c.632 §8; 2012 c.64 §15]
Note:
The amendments to 632.720 by section 43, chapter 64, Oregon Laws 2012, become operative July 1, 2026. See section 45, chapter 64, Oregon Laws 2012, as amended by section 10, chapter 386, Oregon Laws 2019. The text that is operative on and after July 1, 2026, including amendments by section 8, chapter 386, Oregon Laws 2019, is set forth for the user’s convenience.
An applicant for an egg handler’s license shall pay an annual license fee to the State Department of Agriculture with each application. The department may adopt rules establishing a license fee for an egg handler. The department may not adopt or enforce a rule under this section establishing an egg handler license fee that is higher than the egg handler license fee charged for the license year that began July 1, 2025. The department may not change the amount of the egg handler’s license fee more frequently than once each year.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.730 - Commercial egg breaker’s permit; fee.

No person shall engage in the commercial breaking of eggs for the purpose of recovering therefrom, for human food, the whites, yolks or whole egg meats, or any part thereof, for resale as such, without first obtaining from the State Department of Agriculture a permit to do so. Such permit shall be issued to any person making written application for it and a proper showing of ability and intent to comply with the sanitary requirement specified by ORS 632.705 to 632.815, and payment to the department of an annual permit fee of $75. Such permit shall expire on June 30 next following its date of issuance or on such date as may be specified by department rule. Such permits may be renewed from year to year upon written application and payment of the annual permit fee.
[Formerly 632.040; 1975 c.748 §4; 1982 s.s.1 c.4 §13; 2007 c.768 §35]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.741 - Additional fee; reports; records; exceptions.

(1) In addition to the license fee adopted by rule under ORS 632.720, each egg handler shall pay to the State Department of Agriculture a fee prescribed by the department, not to exceed two and one-half mills per dozen eggs sold by such egg handler. Such fee shall be paid by remitting monthly payments, on dates prescribed by the department, accompanied by such reports concerning egg sales as the department may prescribe. The egg handler utilizing this method shall prepare and maintain adequate books and records evidencing the egg sales, and shall keep the same for at least two years. The department is authorized to inspect and audit such books and records as provided in ORS 561.265 and the egg handler shall pay to the department its costs for the same. The department shall assign such egg handler a permit number to be placed on egg containers in the manner prescribed by the department.
(2) The fees required to be paid under subsection (1) of this section and, except as otherwise provided under ORS 632.771, the labeling required by ORS 632.771 do not apply to:
(a) Eggs sold and shipped outside of this state;
(b) Eggs sold to the United States Government;
(c) Bulk sales of eggs;
(d) Eggs sold to another egg handler for processing into egg products; or
(e) Eggs sold by a producer to consumers at the place of production. [1975 c.748 §6 (632.741 enacted in lieu of 632.740); 1991 c.632 §9; 2012 c.64 §33]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.745 - When invoices required; exception; availability for inspection.

(1) Each person who sells eggs in bulk shall furnish the purchaser with an invoice covering each such sale, showing the exact grade or quality and the size or weight of the eggs sold, according to the standards prescribed by the federal Act or the State Department of Agriculture, together with the name and address of the person by whom the eggs were sold. The invoices shall be available during business hours for inspection by the department. The invoices shall be kept for at least:
(a) One year by the seller; and
(b) 60 days by the purchaser.
(2) No invoice shall be required on eggs when sold to the United States Government or to an individual consumer.
(3) Any person or retailer selling eggs through its own stores or outlets may keep the records required by subsection (1) of this section, at its principal place of business within this state and is not required to keep the records at the stores or outlets. [1965 c.582 §7; 1975 c.748 §7; 1995 c.79 §321]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.756 - Maintenance of facilities and equipment; standards.

The plant facilities and equipment utilized in processing eggs or egg products shall be constructed, maintained and utilized in accordance with the rules promulgated under the federal Act or promulgated by the State Department of Agriculture. [1975 c.748 §9 (enacted in lieu of 632.755)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.761 - Authority of department.

The State Department of Agriculture is authorized to:
(1) Inspect at reasonable times plant premises, facilities, equipment, containers and vehicles and to inspect and sample eggs and egg products for the purpose of enforcing the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto.
(2) Seize, embargo or detain, in accordance with the provisions of ORS 561.605 to 561.630, any eggs or egg products determined to be in violation of the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto.
(3) Condemn, in accordance with the provisions of ORS 616.740, any plant premises, facilities, equipment, containers or vehicles determined to be in violation of the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto.
(4) Enter into cooperative and reciprocal agreements with any federal, state or other governmental agency in carrying out the provisions of ORS 632.705 to 632.815, and to receive and expend funds pursuant thereto. [1975 c.748 §11 (enacted in lieu of 632.760)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.771 - Information on container label; sale from bulk display; advertising; ungraded eggs.

(1) The labeling of any container used by an egg handler shall include the information required by the federal Act or rules promulgated thereunder, or:
(a) The full, correct and unabbreviated designation of size and grade or quality of the eggs;
(b) The common or usual name, if any there be, of the eggs or egg product;
(c) The lot or production code, number or date;
(d) The net contents;
(e) The name and address of the egg handler or distributor, and in the case of a distributor shall include qualifying terms as "packed for," "distributed by" or "distributor"; and
(f) The Oregon state egg seal or the official number assigned to the egg handler by the State Department of Agriculture.
(2) The labeling information required by subsection (1) of this section shall be of a size and in a location prescribed by the department or by the rules promulgated under the federal Act.
(3) If eggs are sold by retailers to consumers from a bulk display, in lieu of the labeling information required by subsection (1) of this section, there shall be a clearly visible and legible placard prominently displayed immediately adjacent to such display containing the size and grade or quality of the eggs.
(4) Advertising of eggs or egg products shall conform to such provisions of subsection (1) of this section as the department may prescribe.
(5) Notwithstanding subsections (1) to (4) of this section and ORS 632.786 (5) and (9), except as provided under subsection (6)(a) of this section, a producer may sell candled eggs using the designation "ungraded" instead of designating the size and grade or quality of the eggs if:
(a) The producer:
(A) Sells eggs of the producer’s own production directly to consumers; or
(B) Sells eggs of the producer’s own production by consignment under ORS 616.683 (2)(f).
(b) The labeling and display of the "ungraded" designation conforms with the size and location requirements prescribed under subsections (2) and (3) of this section for the labeling and display of an egg grade designation.
(6) For ungraded eggs described in subsection (5) of this section:
(a) The labeling must include a net content statement indicating the number of ungraded eggs; and
(b) The labeling or display need not include any statement of net weight. [1975 c.748 §13 (enacted in lieu of 632.770); 2017 c.88 §3; 2023 c.181 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.786 - Prohibited acts.

No person shall:
(1) Sell eggs for human consumption in previously used consumer containers bearing the brand, trademark or officially designated number of another egg handler, unless the same is removed or defaced;
(2) Fail to pay the fees or obtain the permit required by ORS 632.741;
(3) Fail to furnish the invoices required by ORS 632.745;
(4) As an egg handler, use any egg container unless it is labeled as required by ORS 632.771;
(5) As a retailer, sell eggs from a bulk display without the displaying of the placard required by ORS 632.771 (3);
(6) Deliver or sell eggs for human consumption that have been incubated or have been in either an artificial or natural incubator;
(7) Deliver or sell for human consumption ova from slaughtered birds of any species;
(8) Sell any eggs or egg products that are adulterated or misbranded;
(9) Sell any eggs as fresh eggs unless they are of the quality or grade prescribed for fresh eggs by the State Department of Agriculture or the federal Act;
(10) Sell egg products for human consumption unless they have been pasteurized, nor as a food processor purchase egg products that have not been pasteurized;
(11) Advertise eggs or egg products in violation of the standards or requirements prescribed by the department;
(12) Otherwise violate any of the provisions of ORS 632.705 to 632.815; or
(13) Use containers in the bulk sale of eggs that bear the trademark of another egg handler without the consent of the registrant of such trademark. The provisions of ORS 632.275 to 632.290 shall apply to bulk sale containers of eggs in the same manner as they apply to containers for canning tree fruits, vegetables and small fruits. [1975 c.748 §15 (enacted in lieu of 632.785); 2003 c.14 §379]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.811 - Rules; considerations in promulgating rules.

(1) In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may promulgate rules necessary to administer and enforce the provisions of ORS 632.705 to 632.815, including but not limited to:
(a) The establishment of fees under ORS 632.741, and the times and manner of payment thereof;
(b) The reports and records to be made or kept under ORS 632.741;
(c) The establishment of minimum grades or standards of quality and wholesomeness, size or weight of eggs or egg products;
(d) The establishment of minimum standards of construction, maintenance, sanitation and operation of facilities and equipment used in the grading, candling, breaking or processing of eggs or egg products; and
(e) The establishment of labeling and advertising standards or requirements for eggs and egg products.
(2) In promulgating such rules the department may consider:
(a) The provisions of the federal Act and rules promulgated pursuant thereto, and the laws and rules of other states;
(b) The necessary procedures required to prohibit the sale or consumption of unwholesome eggs or egg products; and
(c) The health and economic consequences to this state which might result from the processing, handling, sale or consumption of unwholesome eggs or egg products. [1975 c.748 §17 (enacted in lieu of 632.810)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.815 - Disposition of fees.

All fees collected by the State Department of Agriculture under ORS 632.705 to 632.815 shall be paid to the State Treasurer by the department who shall deposit them in the Department of Agriculture Service Fund. Such funds are continuously appropriated to the department for the purposes of the administration and enforcement of such sections. [Formerly 632.110; 1975 c.748 §18; 1979 c.499 §28]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.835 - Definitions for ORS 632.835 to 632.849.

As used in ORS 632.835 to 632.849:
(1) "Cage-free housing system" means an indoor or outdoor controlled environment for egg-laying hens within which the hens:
(a) May roam unrestricted, other than by external walls;
(b) Are provided with enrichments that allow the hens to exhibit natural behavior, including, at a minimum, scratch areas, perches, nest boxes and dust bathing areas; and
(c) Are provided with care by farm employees who are standing somewhere within the hens’ usable floor space.
(2) "Commercial farm" means the land, buildings and support facilities that are used for the commercial production of animals or animal products used for food or fiber.
(3) "Commercial farm owner or operator" means any person who owns or controls the operation of a commercial farm. "Commercial farm owner or operator" does not mean a contractor, consultant or nonmanagement employee.
(4) "Egg" means an egg, in the shell, from an egg-laying hen.
(5) "Egg-laying hen" means any female domesticated chicken, turkey, duck, goose, guinea fowl or other species of fowl that is kept for the purpose of egg production.
(6) "Egg products" has the meaning given that term in ORS 632.705, except that "egg products" does not include the following products when those products are prepared from egg products or eggs inspected by the United States Department of Agriculture, or by the State Department of Agriculture under a cooperative agreement with the United States Department of Agriculture:
(a) Freeze-dried products;
(b) Imitation egg products;
(c) Egg substitutes;
(d) Dietary foods;
(e) Dried no-bake custard mixes;
(f) Eggnog mixes;
(g) Acidic dressings;
(h) Noodles;
(i) Milk and egg dips;
(j) Cake mixes;
(k) French toast;
(L) Balut; and
(m) Sandwiches containing eggs or egg products.
(7) "Enclosure" means any structure used to confine an egg-laying hen.
(8) "Total square feet":
(a) Means ground space plus elevated level or nearly level platforms to accommodate egg flow, upon which an egg-laying hen can roost.
(b) Does not include perches or ramps.
(9) "Usable floor space" means the total square feet of floor space provided to an egg-laying hen, calculated by dividing the total square feet of floor space in an enclosure by the number of egg-laying hens. [2011 c.436 §1; 2019 c.686 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.838 - Legislative findings.

The Legislative Assembly finds and declares that the regulation of egg production and of the sale of eggs and egg products, as described in ORS 632.835 to 632.849, is necessary to protect the health and welfare of consumers, to promote food safety, to advance animal welfare and to protect this state against the negative fiscal impacts associated with a lack of effective regulation of egg production and sales of eggs and egg products. [2019 c.686 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.840 - Manner of confining egg-laying hen; business plan for compliance; rules; inspections; fees; report; penalty.

(1) The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 to 632.849. The rules must:
(a) Be designed to promote humane welfare standards;
(b) Be effective in protecting consumers from food-borne pathogens;
(c) Require that egg-laying hens be housed in a cage-free housing system; and
(d) Establish usable floor space requirements.
(2) Except as provided under this subsection, the department shall adopt rules to require that enclosures provide egg-laying hens with usable floor space that equals or exceeds the usable floor space required in United Egg Producers,
Animal Husbandry Guidelines for U.S. Egg-Laying Flocks
(2017) guidelines for cage-free housing. If a subsequent edition of the guidelines establishes a standard that requires more usable floor space than the standard set forth in the 2017 Edition of the guidelines, the department may adopt the higher standard.
(3) The department shall cause farms engaged in the commercial production of eggs to be inspected, by qualified auditors at reasonable times, for the purpose of enforcing the provisions of ORS 632.835 to 632.849.
(4) The department shall impose a civil penalty pursuant to ORS 183.745, not to exceed $2,500, for violation of a provision of ORS 632.835 to 632.849.
(5) The department may fix, assess and collect, or cause to be collected, from commercial farm owners or operators fees for the inspections performed by employees or agents of the department under subsection (3) of this section. The fees must have a uniform basis and must be in an amount reasonably necessary to cover the costs of the inspections and related administrative duties under ORS 632.835 to 632.849. The department shall adjust the fees under this subsection to meet any expenses necessary to carry out subsection (3) of this section and may prescribe a different fee scale for different localities. The department may prescribe a reasonable charge to be paid by commercial farm owners or operators for travel expenses and other related services if inspections under this section involve unusual cost to the department. Moneys from fees and charges collected by the department under this subsection must be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department to be used for the purpose of enforcing ORS 632.835 to 632.849. [2011 c.436 §4; 2011 c.436 §§5,7,9; 2019 c.686 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.842 - Relation to animal welfare laws.

ORS 632.835 to 632.849 are in addition to, and not in lieu of, any laws protective of animal welfare. ORS 632.835 to 632.849 do not limit any other Oregon laws or rules protecting the welfare of animals or prohibit the adoption or enforcement of animal welfare laws or regulations by a local government as defined in ORS 174.116. [2019 c.686 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.845 - Prohibition against improper confinement of egg-laying hen.

(1) Except as provided in subsection (2) of this section, a commercial farm owner or operator may not confine an egg-laying hen in an enclosure that fails to comply with the rules adopted by the State Department of Agriculture under ORS 632.840.
(2) Subsection (1) of this section does not apply to the confinement of an egg-laying hen:
(a) During medical research;
(b) During an examination, a test, an individual treatment or an operation conducted for veterinary purposes;
(c) During transportation or depopulation operations, if the confinement does not exceed seven days in any 18-month period;
(d) As part of a rodeo exhibition, state or county fair exhibition, 4-H program exhibition or similar exhibition;
(e) During the slaughter of the egg-laying hen in accordance with applicable laws and rules; or
(f) On a temporary basis for animal husbandry purposes, if the confinement does not exceed six hours in any 24-hour period or exceed 24 hours in any 30-day period. [2011 c.436 §2; 2019 c.686 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.847 - Commerce in eggs or egg products from noncompliant production.

(1) Except as provided under subsection (2) of this section, a person may not buy, sell, offer to buy or sell, transport or offer to transport in intrastate commerce, or accept receipt of, an egg or egg product that was not produced in compliance with ORS 632.845.
(2) Subsection (1) of this section does not apply to a sale of eggs or egg products at an official plant, as defined in 21 U.S.C. 1033, where mandatory inspection is maintained under the federal Egg Products Inspection Act (21 U.S.C. 1031 et seq.). For purposes of this subsection, sale occurs at the location where the buyer takes physical possession of the eggs or egg products. [2019 c.686 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.849 - Production exempt from compliance.

ORS 632.835 to 632.849 do not apply to:
(1) A commercial farm owner or operator with annual egg production from a flock of not more than 3,000 egg-laying hens; or
(2) Eggs produced by a commercial farm owner or operator described in subsection (1) of this section. [2019 c.686 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.900 - "Horticultural and agricultural products" defined.

As used in ORS 632.900 to 632.940 and 632.955 to 632.980, "horticultural and agricultural products":
(1) Includes articles of food, drinks, dairy products, forage products, livestock products, poultry products, apiary products, vermiculture products, nursery stock as defined in ORS 571.005 and seeds, bulbs and tubers that are not nursery stock, grown or produced in this state.
(2) Does not include bakery products and alcoholic liquors. [Formerly 616.405; 1983 c.730 §5; 1997 c.460 §2; 2001 c.104 §246; 2003 c.602 §3; 2005 c.657 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.905 - Grades and standards for horticultural and agricultural products and containers; rules.

In order to promote, protect, further and develop the agricultural industry of this state the State Department of Agriculture may adopt by rule official standards for grading and classifying any or all horticultural and agricultural products and official standards for containers of such products and may change any of such grades and standards from time to time. The grades and standards adopted by the department shall be in conformance to any and all laws of this state providing special grades or standards for any of such products or containers. With respect to canned goods, the department is empowered to adopt only definitions and standards of identity, quality and fill of containers. Unless modified, altered or revoked, grades and standards in force on February 2, 1939, shall continue to be official as though adopted under ORS 632.900 to 632.940 and 632.955 to 632.980. [Formerly 616.410; 1979 c.91 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.910 - Factors to be considered in establishing grades, standards or classifications.

(1) In establishing, under any law of this state, any grades, standards or classifications for any horticultural or agricultural products, the State Department of Agriculture, in addition to other factors as may be specified by law, shall take into account and base the grades, standards or classifications upon the following factors that are applicable to the product involved:
(a) Degree of maturity;
(b) Size, measured by dimensions or weight;
(c) Degree of freshness, as determined by physical examination or chemical test or analysis;
(d) Moisture content;
(e) Uniformity;
(f) Color;
(g) Firmness;
(h) Tenderness;
(i) Freedom from injury;
(j) Freedom from insect pests;
(k) Diseases;
(L) Appearance;
(m) Freedom from mixture with other varieties;
(n) Freedom from noxious weeds or weed seeds;
(o) Freedom from decay;
(p) Conformation;
(q) Soundness;
(r) Varietal characteristics or type;
(s) Number of specimens per pound;
(t) Nature of pack;
(u) Presence of dirt or other foreign material;
(v) Condition as to temperature and extent to which the product is hot or heating or is in a sour condition;
(w) Extent to which commodity is satisfactory for human or other consumption or use, as the case may be;
(x) Extent to which the product has been affected by handling or treatment;
(y) Extent to which the product has a commercially objectionable odor or flavor; and
(z) Other factors indicative of quality or condition, and the value or suitability of the commodity involved for the commercial or other use to be made thereof.
(2) In addition, the department shall take into account any grades, standards or classifications for a product established by the United States Department of Agriculture and also applicable federal grades and standards laws. [Formerly 616.415; 1997 c.460 §3; 2003 c.14 §380]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.915 - Consideration of commercial or other use; change of grades, standards or classifications.

The factors that the State Department of Agriculture must consider in establishing grades, standards or classifications for a horticultural or agricultural product, or processes used in connection with a horticultural or agricultural product, apply to the extent and in the manner that those factors relate to the quality, quantity and condition of that product and the value and suitability of the product for the commercial or other use to which the product normally is put. The department may change the grades, standards or classifications established by the department to:
(1) Conform more nearly to commercial or trade requirements, practices or methods;
(2) Meet changed conditions;
(3) Comply with new and improved methods of handling, processing, packing, transporting, marketing or using the product involved;
(4) Apply or make effective any new and improved method of test, analysis or examination of the quality or condition of that product or the value or suitability of the product for its normal use; and
(5) Comply with new methods of controlling insect pests and diseases. [Formerly 616.420; 2003 c.602 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.918 - Classifications and standards for certified horticultural and agricultural processes; rules.

The State Department of Agriculture may adopt by rule classifications and standards for horticultural and agricultural processes certified under ORS 632.940. Classifications and standards for horticultural and agricultural processes adopted under this section are in addition to the grades, standards or classifications for horticultural or agricultural products or containers adopted under ORS 632.905 and 632.910. [2003 c.602 §2]
Note:
632.918 was added to and made a part of 632.900 to 632.935 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.920 - Compliance with Administrative Procedures Act.

The State Department of Agriculture shall comply with the requirements of ORS chapter 183 in adopting standards under ORS 632.905 or any alterations or modifications to such standards. [Formerly 616.425; 1979 c.91 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.935 - Adoption of United States standards; cooperation with United States.

The State Department of Agriculture may establish as the official standard for this state for any horticultural or agricultural product or container, any standard which may have been promulgated or announced therefor under the authority of the Congress of the United States, and the department is authorized to cooperate with the United States, or any department thereof, in accomplishing the matters and things provided for in ORS 632.900 to 632.940 and 632.955 to 632.980. [Formerly 616.440; 1979 c.91 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.940 - Inspection and classification of horticultural and agricultural products by department; fees and charges.

(1) Except as provided in ORS 632.945, the State Department of Agriculture may designate an employee or agent of the department to inspect or classify horticultural and agricultural products, or the processes used in connection with those products, when those services are requested by persons having an interest in the products or processes.
(2) The department may ascertain and certify to the interested persons the grade, classification, quality, condition or amount of the products, the processes used in connection with the products or other pertinent facts relating to the products or processes that the persons may request.
(3) The department may fix, assess and collect, or cause to be collected, fees for the services performed by employees or agents of the department under this section. The fees must have a uniform basis and be in an amount reasonably necessary to cover the cost of the inspection and administration of this section. The department shall adjust the fees to be collected under this section to meet the expenses necessary to carry out the provisions of this section, and may prescribe a different scale of fees for different localities.
(4) The department may prescribe a reasonable charge for traveling expenses and services if performing the services described in this section involves unusual cost to the department.
(5) All fees and charges received by the department under this section and ORS 632.211, 632.600 and 632.945 must be deposited in the Department of Agriculture Service Fund, and are continuously appropriated to the department for the enforcement of this section and ORS 632.211, 632.600 and 632.945. [Formerly 616.445; 1979 c.499 §29; 1997 c.410 §3; 2003 c.602 §5; 2013 c.120 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.945 - Procedure for department inspection and classification; collection of costs; fees.

(1) Under such conditions as the State Department of Agriculture may prescribe by rule, the department, through any competent employee or agent, shall inspect or classify produce in accordance with standards specified in the written agreement between the grower and the handler for sale of the produce. The methods and procedures for inspection or classification of produce shall be in accordance with such rules as the department may prescribe.
(2) The department shall ascertain and certify to the parties to the written agreement the grade, classification, quality, condition or amount of the produce and any other pertinent facts relating to such produce that a party to the written agreement may request.
(3) The department may fix, assess and collect or cause to be collected from the handler, fees for such services in the manner and to the extent provided by ORS 632.940. All such fees are continuously appropriated to the department for the enforcement of ORS 632.940 to 632.980.
(4) As used in this section:
(a) "Grower" means any person engaged in the business of growing or producing any produce in this state and includes any cooperative organization composed exclusively of growers and handling exclusively the produce of its own members and operating under and by virtue of the laws of this state or of any other state or of the United States.
(b) "Handler" means a person or the agent of the person who processes produce the person has purchased or otherwise acquired in this state from a grower.
(c) "Produce" means any fruit or vegetable grown or produced by a grower and of which total sales by growers to handlers for the previous growing season totaled more than $1 million. The department shall determine and verify the application of this defined term, and the total sales value herein specified, and for this purpose shall be authorized to inspect books and records and require reports. [1973 c.587 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.950 - Termination of department inspection activities by grower vote; election procedure; costs.

At any time before or after the State Department of Agriculture is conducting the inspection and classification of a particular fruit or vegetable at a particular plant of a handler, if 51 percent of the growers who produce 60 percent or more of that product vote against the department inspection and classification of that particular product, the department shall not inaugurate such inspection, or if already inspecting shall terminate such inspections. To have such an election 20 percent of the growers shipping that product to the handler shall petition the department. If the department finds the petition in order it shall conduct an election. The costs of the election and the method and time of voting shall be specified by the department and the petitioners for such election shall pay such costs prior to any vote. Once an election has been held to reject inspection no new election either to require inspection or to reject inspection shall be held in less than one year following the previous election. All subsequent elections shall require the same percentage of petitioners for the election and the same percentage vote of growers and volume of product as provided in this section. The costs of all elections shall be assessed to the petitioners for each election and shall be paid to the department prior to such election. [1973 c.587 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.955 - Investigation of complaint of purchaser’s misrepresentation of product; inspection and classification of products received by purchaser.

Upon complaint of any person to the State Department of Agriculture that the grade, classification, quality, condition or amount of any horticultural or agricultural product is being misrepresented by the purchaser thereof, or that the grades are not being made by the purchaser in accordance with the purchase agreement, the department shall investigate such complaint and, when in its opinion such complaint is justified, shall order such purchaser so misrepresenting to cease and desist from such practices in addition to the other provisions of ORS 632.900 to 632.940 and 632.955 to 632.980. Upon failure of the purchaser to so cease and desist from such practices, the department shall designate its agent to inspect and classify all such products received by such purchaser, the cost of such service to be fixed, assessed and collected from such purchaser as provided in ORS 632.940. This section does not apply to a cooperative association nor to a person deriving the major livelihood of the person from a farm or orchard which the person operates either as owner or renter. [Formerly 616.450]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.960 - Appeal to department for classification; fee.

Whenever any quantity of any horticultural or agricultural product has been inspected under ORS 632.940 and 632.955 to 632.980 and a question arises as to whether the certificate issued therefor shows the true grade, classification, quality or condition of such product, any interested person, subject to such regulations as the State Department of Agriculture may prescribe, may appeal the question to the department. The department is authorized to cause such investigation to be made and such tests to be applied as it may deem necessary and to determine and issue a finding as to the true grade or classification of the product or the quality or condition thereof. Whenever any appeal is taken to the department under this section it shall charge and assess and collect, or cause to be collected, a reasonable fee, to be fixed by it, which shall be refunded if the appeal is sustained. [Formerly 616.455]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.965 - Certificate of grade, classification, quality or condition as prima facie evidence.

A certificate, when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality or condition of any horticultural or agricultural product, issued under ORS 632.900 to 632.940 and 632.955 to 632.980 and all certificates issued under authority of the Congress of the United States relating to the grade, classification, quality or condition of horticultural or agricultural products shall be accepted in any court of this state as prima facie evidence of the true grade, classification, condition or quality of the horticultural or agricultural products at the time of its inspection. [Formerly 616.460]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.970 - Misrepresentation of grades and standards for horticultural or agricultural products; improper use of insignia indicating grade.

If any quantity of any horticultural or agricultural product has been inspected and a certificate issued under ORS 632.900 to 632.940 and 632.955 to 632.980 showing the grade, classification, quality or condition thereof, no person shall represent that the grade, classification, quality or condition of the product at the time and place of the inspection was other than as shown by the certificate. Whenever any standard for the grading or classification of any horticultural or agricultural product becomes effective under ORS 632.900 to 632.940 and 632.955 to 632.980, and any word or words, figure or letter, has been adopted by the State Department of Agriculture to indicate the grade or quality of the horticultural or agricultural product contained in any container or package, no person, firm or corporation shall use any of such words, letters or figures, in connection with any container or package, to represent the grade or quality of the horticultural or agricultural product contained therein, to be sold or offered for sale, if such product does not meet the requirements of the grade indicated by the marking. [Formerly 616.465]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.975 - Use of containers not conforming to standard.

Whenever any standard for a container for any horticultural or agricultural product becomes effective under ORS 632.900 to 632.940 and 632.955 to 632.980, no person thereafter shall pack or place for sale, offer for sale, consign for sale or sell and deliver, in a container, any such horticultural or agricultural product to which the standard is applicable, unless the container conforms to the standard, subject to such variations therefrom as may be allowed by law or by rules and regulations made pursuant to law, unless such product is brought from outside the state and offered for sale, consigned for sale, or sold in the original package which is a standard package in the state of origin. This section does not apply to horticultural or agricultural products packed for and sold as gift packages, and shipped in containers, the specifications of which, or a sample of which, have been submitted to and approved by the State Department of Agriculture. [Formerly 616.470]