reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0780 - Labeling Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only
			 olive oil meeting the standards of identity in OAR 603-051-0777(1)(a)-(b) and
			 grade in the federal Act will be labeled as "olive oil".
(2) Olive oil meeting the standard of
			 identity in OAR 603-051-0777(1) and grade in the federal Act will be labeled
			 with the corresponding U.S. grade and the label will comply with the
			 requirements of ORS 616.205 to
			 616.385.
(3) The following types of olive oil and
			 olive pomace-oil will be labeled "not for human consumption":
(a) Lampante virgin olive oil;
(b) Crude olive-pomace oil
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0785 - Prohibition of Imitation Olive Oil

Current through Register Vol. 63, No. 7, July 1, 2024
A person may not manufacture, produce, process, pack, expose,
				sell, offer for sale, possess, dispense, supply, or give away imitation olive
				oil.
Stat Auth.: ORS
				  561.190,
				  616.230 &
				  616.761
Stat. Implemented: ORS
				  616.761
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0801 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
Rose stock when graded by size shall have a well-developed root
				system and the canes or top-growth shall have proportionate weight and caliper
				according to grade-size and variety. The number and length of the canes or
				top-growth specified for each grade-size shall refer to the number and length
				before such canes or top-growth are cut back or pruned in preparation for sale.
				Rose stock which has been cut back or pruned may be compared with other stock
				of the same class which has not been cut back or pruned, to determine
				compliance with the grade-size established herein. Whenever a grade-size
				designation is used or implied in labeling or in an advertisement referring to
				kind of rose stock for which grade-sizes have been established in these
				regulations, the rose stock so labeled or advertised shall conform to the
				specifications of the particular grade-size as stated herein.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0802 - Grades and Standards for Rose Stock

Current through Register Vol. 63, No. 7, July 1, 2024
The grade-sizes hereby established for each classification of
				rose bushes are minimum sizes and not more than five percent of the roses in
				any lot shall be below the size specified:
(1) Tea, Hybrid Tea, Grandiflora, Rugosa
			 Hybrids, Hybrid Perpetuals, and Moss Roses:
(a) No. 1 rose bushes shall have three or
			 more strong canes, 16 inches and up, branched not higher than three inches
			 above the bud union;
(b) No. 1-1/2
			 rose bushes shall have two or more strong canes, 15 inches and up, branched not
			 higher than three inches above the bud union;
(c) No. 2 rose bushes shall have two or more
			 strong canes, 12 inches and up, branched not higher than three inches above the
			 bud union;
(d) No. 3 rose bushes
			 shall be of good salable and plantable quality.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0803 - References

Current through Register Vol. 63, No. 7, July 1, 2024
The book,
"Modern Roses"
, most recent edition, and
				the
"American Rose Annual"
, published by the American Rose
				Society, may be used as references to determine the classification of a
				variety.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0810 - Definition of Terms

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-051-0812 through 603-051-0818:
(1) "Similar Varietal Characteristics" means
			 that the plants have the same general character of growth.
(2) "Fresh" means that the roots and crown
			 are not excessively wilted or otherwise damaged.
(3) "Firm" means that the crowns are not soft
			 or spongy, although they may yield to slight pressure.
(4) "Moist" means that the plants are
			 reasonable turgid and not dried to a degree that would affect normal
			 growth.
(5) "Fairly Clean" means
			 that the roots must not be matted or caked with dirt.
(6) "Well Trimmed" means that the runners and
			 petioles shall be well trimmed when the length of each does not exceed four
			 inches. The presence of ragged and expanded leaves shall not be
			 permitted.
(7) "Free from Damage
			 Caused by Sunburn" means that the roots shall not be damaged by sunburn or
			 scald, but slight discoloration will be permitted.
(8) "Free from Damage Caused by Mold" means
			 that the plants must be free from visible mold or decay.
(9) "Free from Damage Caused by Black Roots"
			 means that the roots must be of a normal color and only moderately affected by
			 discolored roots which affect the normal growth of the plant. Black roots
			 caused by disease shall not be permitted.
(10) "Free from Damage Caused by Broken or
			 Split Crowns, or Mechanical Injury" means the breaking or severance of the
			 crown from the root section or splitting of the crown or other mechanical
			 injury that would affect the normal growth of the plant.
(11) "Free from Detectable Dangerous Insect
			 Pests or Disease" means that no tolerance will be permitted for dangerous
			 insects such as cyclamen mite, crown borer, or other destructive insects or
			 detectable disease that affect the strawberry plant.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660.
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0812 - Grades

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Oregon No. 1.
			 Oregon No. 1 shall consist of strawberry plants of one variety or of plants of
			 similar varietal characteristics which are fresh, firm, moist, fairly clean,
			 well-trimmed runners and petioles, free from damage caused by sunburn, mold,
			 black roots, broken or split crowns, or mechanical injury, and free from
			 detectable dangerous pests or disease. The length of the main roots shall be
			 not less than 2-3/4 inches, having not less than 12 main roots.
(2) Oregon No. 2. Oregon No. 2 shall meet all
			 the requirements of Oregon No. 1 strawberry plants, except the length of the
			 main roots shall be not less than 2-1/2 inches and each plant shall have eight
			 or more main roots.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0814 - Application of Tolerances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 tolerances for the standards are on a container basis. However, individual
			 packages in any lot may vary from the specified tolerances as stated below,
			 provided the average for the entire lot, based on sample inspection, are within
			 the tolerances specified.
(2) For a
			 tolerance of ten percent or more, individual packages in any lot may contain
			 not more than 1-1/2 times the tolerance specified.
(3) For a tolerance of less than ten percent,
			 individual packages in any lot may contain not more than double the tolerance
			 specified.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0816 - Tolerances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 allow for variations, other than size and length of petioles and runners,
			 incident to proper grading and packing, not more than a combined total of five
			 percent by count of the plants in any lot may fail to meet the requirements of
			 the above grade; but not more than 1/5 or one percent of this tolerance shall
			 be allowed for plants affected by mold. No tolerance shall be permitted for
			 detectable dangerous pests or disease.
(2) Size. In order to allow for variations
			 incident to proper grading and packing, not more than a ten percent total
			 tolerance by count in any lot will be allowed for a combination of the
			 following maximum limits of each factor not to exceed:
(a) Required length of roots, five
			 percent;
(b) Number of roots, ten
			 percent; and
(c) Split or broken
			 crowns or mechanical injury, two percent.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0818 - Packing and Marking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Oregon
			 No. 1 strawberry plants are to be packed in new or clean crates, with not more
			 than 1,000 plants in a single package and in such manner that they will retain
			 a fresh condition.
(2) Oregon No. 2
			 strawberry plants are to be packed in new or clean crates, with not more than
			 2,000 plants in a single package and in such manner that they will retain a
			 fresh condition.
(3) All containers
			 of Oregon No. 1 and 2 strawberry plants shall have the name of the variety and
			 number of plants, the grade of the plants, and the name and address of the
			 grower plainly marked on the outside of the container.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0819 - Declaration of Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Certification of Strawberry Nursery Stock is a function of state government,
			 the responsibilities of which will be conducted as a cooperative effort between
			 the Department and the school in keeping with the provisions of ORS
			 633.620 through
			 633.660 and statutes related
			 thereto. The Department shall be responsible for certification as to the
			 freedom of plants from insects, pests, and diseases while the school shall be
			 responsible for certification as to varietal (cultivar) purity at all
			 propagation levels.
(2) The
			 acceptability of cultivars into the certification program will be based on
			 described plant characteristics, such as quality features, pest or disease
			 resistance. Eligibility of cultivars shall be at the discretion of the Dean of
			 the school.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0821 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, unless the context requires
				otherwise:
(1) "Applicant" means any
			 person growing strawberry plants for sale in Oregon as certified
			 stock.
(2) "Certification" means
			 the issuance of a certificate verifying that the provisions of OAR 603-051-0823
			 have been met as to any particular quantity or lot of strawberry
			 plants.
(3) "Certifying Agencies"
			 means the school and the Department.
(4) "Certified Block" means a planting of
			 strawberry plants for the production of Certified class of stock.
(5) "Certified Stock" means a class of
			 strawberry plants that are first-year (Certified-1) or second-year propagation
			 (Certified-2) from Registered stock.
(6) "Class" means a group of strawberry
			 plants ranked together as possessing common characteristics or as having the
			 same status.
(7) "Department" means
			 the State Department of Agriculture.
(8) "Foundation Block" means a planting of
			 strawberry plants for the production of Foundation class of stock.
(9) "Foundation Stock" means a class of
			 strawberry plants that are first-year propagation from nuclear stock plants
			 that have been approved on the basis of annual indexing.
(10) "Registered Block" means a planting of
			 strawberry plants for the production of a Registered class of stock.
(11) "Index" means to test for systemic
			 disease infection by making a graft with tissue from the plant to be tested to
			 an indicator plant or by other means of inoculation.
(12) "Nuclear Stock" means strawberry plants
			 of cultivars or clones approved by the Dean of the school which were originally
			 indexed and their progeny, which have been regularly reindexed and continuously
			 protected from systemic infection by Federal or State or Oregon agencies or
			 plants from other states meeting standards established by the Dean of the
			 school.
(13) "Off-Type" means any
			 volunteer strawberry plant or any strawberry plant different from the variety
			 as stated on the application for certification.
(14) "Oregon Certified Strawberry Nursery
			 Stock" means progeny plants propagated from Foundation, Registered, or
			 Certified stock, and certified in accordance with these regulations.
(15) "Registered Stock" means a class of
			 strawberry plants that are first-year propagation from Foundation
			 stock.
(16) "Systemically-Infected"
			 means infected by a serious systemic pathogen or manifesting symptoms or
			 behavior characteristic of a serious systemic disease.
(17) "School" means the School of
			 Agriculture, Oregon State University.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0823 - Requirements and Conditions for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
Certification by the Department shall not imply or be construed
				as any warranty of the Department, the school, or its employees as to the
				condition of strawberry nursery stock. The following requirements and
				conditions shall be met in order to qualify for consideration of certification
				of strawberry nursery stock:
(1) The
			 applicant for such certification under these regulations shall be responsible
			 for the selection of the location and the proper maintenance of a planting
			 being grown. The applicant shall also be responsible for maintaining the
			 identity of all of said nursery stock. The Department or school shall be
			 notified by the applicant in advance of the planting, replanting, or removal of
			 strawberry nursery stock in order that necessary inspections may be made or
			 approval granted prior to the performance thereof.
(2) Each planting shall be located in an area
			 in which viruses or other systemic pathogens affecting strawberries are not
			 prevalent and in which there is adequate isolation from planting for strawberry
			 fruit production. Plantings located in the Willamette Valley shall be
			 considered adequately isolated only if such are grown in an insect-proof
			 screenhouse. A planting shall not be located on land where the strawberry red
			 stele disease has occurred. Each of said planting areas shall be inspected and
			 approved by the Department prior to planting.
(3) Registered stock fields shall be
			 separated from certified stockfields by not less than 500 feet and by at least
			 one mile from all other commercial uncertified strawberries.
(4) Each planting shall be kept in a thrifty
			 growing condition and pests shall be kept under intensive control. Preplant
			 treatment of nematocides may be required; insecticides effective against aphids
			 shall be applied during the growing season.
(5) For purposes of determining eligibility
			 of strawberry nursery stock for certification in accordance with OAR
			 603-051-0819 of these regulations, the following shall apply:
(a) To be acceptable in a planting in a
			 foundation block a plant shall be:
(A)
			 Nuclear stock; or
(B) Foundation
			 stock which is a progeny of a plant from a foundation block that was tested by
			 indexing the previous season; or
(C) Such other plants as are determined to
			 have an equivalent known history.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0825 - Procedures for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In accordance with OAR 603-051-0819 of these regulations, certification and the
			 supervision of activities relating thereto shall be in the respective agencies.
			 Inspections and testing procedures prescribed in these regulations may be made
			 by the school, the United States Department of Agriculture, or the Department,
			 and shall be conducted at such times and in such manner as is acceptable to the
			 certifying agencies. The Department, at the request of the school, may enforce
			 certification standards established by the school.
(2) At least two inspections shall be made of
			 each planting prior to harvest and, in addition, plants shall be inspected for
			 pests and diseases at digging time.
(3) Plants propagated from foundation stock
			 are eligible for tagging as registered stock for one year only.
(4) Plants propagated from foundation stock
			 are eligible for tagging as certified stock for two years only.
(5) Tags evidencing certification for
			 varietal purity shall be issued by the Dean of the school, and tags certifying
			 freedom from pests and disease shall be issued by the Department, unless the
			 two agencies agree to the use of a joint tag.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0827 - Application for Certification and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application for certification shall be
			 made on a form prescribed by the certifying agencies and shall be submitted
			 sufficiently in advance of the time of planting so as to permit establishment
			 of the origin of the planting stock, the determination of the suitability of
			 location, and supervision of any treatment that may be required. The
			 application shall include the consent of the applicant for the removal of
			 plants from any planting for inspection or testing purposes.
(2) Fees charged by the certifying agencies
			 for certification are payable at the time of application and are for the sole
			 purpose of defraying expenses incurred by the Department or school in the
			 inspection, approval, or certification procedures provided for in these
			 regulations, and payment thereof shall not be construed as granting any right
			 or privilege to the applicant.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0829 - Refusal or Cancellation of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
Certification may be refused or cancelled in accordance with
				the following:
(1) Failure to meet or
			 maintain the requirements of these regulations.
(2) Any planting in which off-type plants are
			 found to exceed 0.2 percent may be refused certification unless said planting
			 has been established in a manner that would permit all off-type plants to be
			 safely removed.
(3) Any planting
			 found to be infected with a serious systemic pathogen or suspected of such
			 infection may be required to be rogued or may be refused for further
			 propagation. Any planting in which a plant is found to be infected with such
			 systemic pathogens may be refused certification except when the total of such
			 infected plants in a certified block does not exceed 0.5 percent.
(4) Failure to meet the pest cleanliness
			 requirements for Oregon nursery stock.
(5) Any planting found to be infested with
			 cyclamen mites or infected with:
(a) Stem and
			 bulb nematodes; or
(b) Foliar
			 nematodes; or
(c) Red Stele
			 fungus.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0830 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these sections, unless the context requires
				otherwise:
(1) "Virus-Infected" means
			 infected by a serious virus or manifesting symptoms or behavior characteristic
			 of a serious virus disease. "Serious virus disease" includes corky bark, fan
			 leaf and leaf roll virus diseases, and any other diseases so designated by the
			 Department.
(2) "Index" means to
			 test for virus infection by making a graft with tissue from the plant to be
			 tested to an indicator plant or by other means of inoculation or other
			 generally accepted laboratory methods approved by the Department.
(3) "Off-Type" means different from the
			 variety as stated on the application for registration or certification. A vine
			 or a cane shall be considered off-type when affected by a disorder of genetic
			 origin or it is found to be atypical of the variety.
(4) "Progeny Vine" means a vine propagated
			 from a parent rootstock and/or a parent top-stock source which has been indexed
			 and is intended for planting in a foundation block.
(5) "Registered" means that a registration
			 number has been assigned by the Department to a grapevine in a foundation block
			 or to an entire increase block following the inspection and testing required in
			 these regulations.
(6) "Foundation
			 Block" means a planting of grapevines in which each vine has been registered to
			 serve as a source of foundation stock.
(7) "Foundation Stock" means plants which
			 have been produced in a foundation block.
(8) "Increase Block" means a planting of
			 grapevines made with registered or foundation stock which has been registered
			 as a block to serve as a source for the production of Oregon Certified Grape
			 Nursery Stock.
(9) "Elite stock"
			 means plants which have been produced in a Level One increase block in
			 accordance with 603-051-0835(4)(d).
(10) "Registered Stock" means plants which
			 have been produced in an increase block in accordance with
			 603-051-0835(4)(e).
(11) "Oregon
			 Certified Grape Nursery Stock" means vines, rootings, cuttings, grafts, or buds
			 taken or propagated from foundation or registered stock and certified in
			 accordance with these regulations.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0840 - Authority and Procedures for Registration or Certification

Current through Register Vol. 63, No. 7, July 1, 2024
Registration, certification, approvals, and the supervision of
				activities specified herein shall reside in the Department. Inspection and
				testing procedures prescribed in these regulations may be made by Oregon State
				University, the United States Department of Agriculture, or the Department, and
				shall be conducted in a manner and at times determined to be suitable by the
				Department. In the indexing procedures required in these regulations, the
				substitution of other indicator plants may be approved by the Department if
				found equally suitable. Indexing on a fewer number of indicator plants may also
				be approved by the Department if the plant being tested is, itself, a good
				indicator for a particular disease. The following inspection and testing
				procedures shall control as applicable:
(1) Progeny Vines:
(a) The parent rootstock and topstock sources
			 of a progeny vine for which registration or certification shall be requested,
			 shall be index-tested on St. George, LN-33, Baca 22 A, and Carignane varieties
			 of grapevines. Chenopodium spp. may be used in lieu of Carignane
			 grapevine;
(b) Propagating wood to
			 produce the progeny vines for a foundation block shall be taken from the parent
			 rootstock and topstock sources in the same growing season that tissue is taken
			 from the parent sources for indexing. The progeny vines shall be visually
			 inspected at least twice each growing season prior to planting in a foundation
			 block.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0845 - Application and Fees for Registration or Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application for registration or
			 certification of grape nursery stock shall be made on a form prescribed by the
			 Department and shall be accompanied by a fee of $50, which shall be valid for
			 one year from acceptance by the Department. The application shall include the
			 consent of the applicant for the removal of plants from any planting for
			 inspection or testing purposes. Applications for annual reregistration shall be
			 in accordance with this section and accompanied by the fee stated herein.
			 Applications shall be made sufficiently in advance of the time of planting so
			 as to permit the Department to establish the origin of the stock, to determine
			 the suitability of the location, to inspect for virus infection, including Fan
			 Leaf and Leaf Roll virus, and to supervise any treatment that may be
			 required.
(2) Request for special
			 or additional inspection or testing services of grape nursery stock and the
			 charges therefore shall be in accordance with the provisions of OAR
			 603-054-0025.
(3) Fees and charges
			 provided in this section are separate from and in addition to any such fees or
			 charges required by ORS
			 571.057 or
			 571.145 and are intended to be
			 used solely to defray the costs of inspections, testing, and certifications
			 incurred by the Department.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0850 - Refusal or Cancellation of Registration or Certification

Current through Register Vol. 63, No. 7, July 1, 2024
Registration or certification may be refused or cancelled by
				the Department if:
(1) The
			 requirements of these regulations have not been met.
(2) Any vine in the planting is found
			 virus-infected with a soil-borne virus, unless in the opinion of the Department
			 the remainder of the planting can be adequately protected by treatment or by
			 removal and destruction of all vines in the infected area, or by other
			 means.
(3) The plant is
			 off-type.
(4) Any vine in the
			 planting is found infected with a serious virus that is not known to be
			 soil-borne unless such vine is removed under supervision of the
			 Department.
(5) It is determined by
			 the Department that a registered vine or registered increase block is
			 virus-infected and the plants propagated from such source are also liable to be
			 infected.
(6) The pest cleanliness
			 requirements of the Oregon Nursery Laws have not been met.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.620 - ORS
				  633.660
Stats. Implemented: ORS
				  633.620 - ORS
				  633.660
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0855 - Declaration of Policy

Current through Register Vol. 63, No. 7, July 1, 2024
Certification of nursery stock is a function of state
				government, the responsibilities of which shall be conducted by the Department
				in keeping with the provisions of ORS
				633.620 to
				633.660 and statutes related
				thereto. Participation by nurseries in the certification program shall be
				voluntary in nature. These regulations may be reviewed biennially by the
				Department and nurseries participating in the program.
Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561, 571 & 632
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0858 - Procedures for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In accordance with OAR 603-051-0855, certification and the supervision of
			 activities relating thereto shall be in the Department. Inspection and testing
			 procedures prescribed in this certification program may be carried out by the
			 Washington State Department of Agriculture or the Department, and shall be
			 conducted at such times and in such manner as is acceptable to the
			 Department.
(2) The methods and
			 procedures used for virus indexing shall conform to Clean Plant Center of the
			 Northwest or Departmentally approved standards and shall be conducted in the
			 manner and times determined by the Department.
(3) The Department reserves the right to
			 visually inspect and test nursery rootstock in a planting for certification
			 throughout the growing season. At the request of the Department, any
			 undesirable rootstock may be rogued before propagation.
(4) All nursery stock meeting the
			 requirements of this certification program shall have the variety, interstock
			 and rootstock designated upon any tag evidencing the same as Oregon Certified
			 Nursery Stock.
(5) The Department
			 shall authorize the use of official certification tags for the identification
			 of nursery stock or seed meeting the requirements of OAR 603-051-0855 to
			 603-051-0859, and therefore certified as Oregon Certified Nursery Stock. Such
			 official certification tags shall be furnished by the Department to the
			 qualified applicants therefore upon payment of the established cost of the
			 Department for the tags so furnished.
(6) Any person selling, or offering for sale,
			 any nursery stock or seed identified by tagging as Oregon Certified Nursery
			 Stock shall be deemed to be responsible for the identity of such stock. All
			 Oregon Certified Nursery Stock offered for sale shall be handled in accordance
			 with accepted commercial practices and shall be identified by the tags
			 described in the subsection.
(7)
			 Certification shall be refused if plants have been propagated from registered
			 trees determined to be infected by a virus or virus-like disease, or if other
			 provisions of this certification program have been violated.
(8) A list of participating nurseries and
			 certified nursery stock shall be provided to all participating nurseries and to
			 other interested parties upon request.
Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561, 571 & 632
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0859 - Application for Certification and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Nurseries voluntarily participating in
			 the certification program shall enter into a compliance agreement with the
			 Department, which shall be submitted to the Department by March 31 of each year
			 so as to provide sufficient time for inspection and indexing of registered G2
			 and G3 scion and seed trees and for the inspection of nursery stock to be
			 submitted for certification. The nursery participation fee (see (4)) must be
			 submitted with the compliance agreement by March 31 of each year.
(2) The compliance agreement shall contain
			 the information required thereon, including the consent of the applicant for
			 the Department to obtain propagating wood or expanded leaf tissues from any
			 tree for inspection and testing purposes.
(3) Except as otherwise provided, fees
			 charged by the certifying agency for certification are payable on or before
			 July 1 of each year, and are for the sole purpose of defraying expenses
			 incurred by the Department in the inspection, approval, or certification
			 procedures provided for in this certification program, and for providing funds
			 to the Department to support appropriate plant virus survey programs. Payment
			 thereof shall not be construed as granting any right or privilege to the
			 applicant.
(4) The fees payable
			 under this section shall be determined in accordance with the fee schedule (see
			 (4)(a)-(d)). Testing of Prunus, Malus, Pyrus, Chaenomeles, and Cydonia,
			 materials will be performed annually by the Department. These fees shall be
			 payable upon request of the Department:
(a)
			 The fee for participation shall be $200 annually per participating
			 nursery;
(b) The fee shall be
			 $10.00 per sample per Ilarvirus (Prunus necrotic ring spot virus, prune dwarf
			 virus, and apple mosaic virus) test requested;
(c) The fee shall be $7.00 per sample per
			 Tomato ring spot virus test requested;
(d) The fee shall be $7.00 per sample per
			 each additional virus test requested.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0950 - Declaration of Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Certification of caneberry nursery stock is a function of state government, the
			 responsibilities of which will be conducted as a cooperative effort between the
			 Department and the school in keeping with the provisions of ORS
			 633.620 to
			 633.660 and statutes related
			 thereto. The Department shall be responsible for certification as to the
			 freedom of plants from insects, pests, and diseases while the school shall be
			 responsible for certification as to varietal (cultivar) purity at all
			 propagation levels.
(2) The
			 acceptability of cultivars into the certification program will be based on
			 described plant characteristics such as quality features and disease or pest
			 resistance. Eligibility of cultivars shall be at the discretion of the Dean of
			 the school.
Stat. Auth.: ORS
				  561.190, ORS 571 & ORS
				  632
Stats. Implemented: ORS 561, ORS 571 & ORS
				  632
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0955 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these sections, unless the context requires
				otherwise:
(1) "Caneberry" means any
			 cultivated
Rubus
species.
(2) "Certification" means the issuance of a
			 certificate verifying that a particular quantity or lot of caneberry plants has
			 been grown or propagated according to the provisions of OAR
			 603-051-0960.
(3) "Certified Block"
			 means a planting of caneberry plants that are first year propagation from
			 Registered Stock.
(4) "Certified
			 Stock" means a class of caneberry plants that are first year or second year
			 propagation from Registered Stock or first year propagation from first year
			 Certified Stock.
(5) "Department"
			 means the Oregon State Department of Agriculture.
(6) "Foundation Block" means a planting of
			 Nuclear Stock caneberries for the production of Foundation Stock.
(7) "Foundation Stock" means a class of
			 caneberry plants that have been produced in a Foundation Block.
(8) "Increase Block" means a planting of
			 caneberry plants of Foundation Stock for the production of Registered or
			 Certified Stock.
(9) "Index" means
			 to test for systemic disease infection by making a graft with tissue from the
			 plant to be tested to an indicator plant or by other means of detection.
(10) "Nuclear Stock" means
			 caneberry plants of cultivars which were originally indexed and their clonal
			 progeny which have been regularly reindexed and continuously protected from
			 systemic disease infection by federal or state of Oregon agencies or plants
			 from other states meeting standards established by the Dean of the School.
			 Nuclear Stock is intended for planting in a Foundation Block.
(11) "Off-Type" means any volunteer caneberry
			 plant or any caneberry plant different from the cultivar as stated on the
			 application for certification.
(12)
			 "Oregon Certified Caneberry Nursery Stock" means progeny plants propagated from
			 Foundation, Registered, or Certified Stock and certified in accordance with
			 these regulations.
(13) "Registered
			 Stock" means a class of caneberry plants that are first year propagation from
			 Foundation Stock produced in an Increase Block.
(14) "School" means the School of
			 Agriculture, Oregon State University.
Stat. Auth.: ORS
				  561.190, ORS 571 & ORS
				  632
Stats. Implemented: ORS 561, ORS 571 & ORS
				  632
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0960 - Requirements and Conditions for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
Certification by the Department shall not imply or be construed
				as any warranty of the Department, the school, or its employees as to the
				condition of caneberry nursery stock. The following requirements and conditions
				shall be met in order to qualify for consideration of certification of
				caneberry nursery stock:
(1) The
			 applicant for such certification under these regulations shall be responsible
			 for the selection of the location and the proper maintenance of a planting
			 being grown. The applicant shall also be responsible for maintaining the
			 identity of all said nursery stock. Land selected for the production of
			 Foundation, Registered, or Certified Stock shall not have grown any solanaceous
			 crop or any crop plant within the genus
Rubus
within the
			 previous five years unless said plants were propagate in accordance with the
			 provisions of these regulations. The selected site must be free of any evidence
			 of the presence of Agrobacterium
rubi
or
A.
			 tumefaciens as
indicated by the absence of:
(a) Overgrowths or tumors on crowns, roots,
			 stems, or leaves; and of
(b)
			 Excessive or abnormal development of organs with or without
			 tumefactions;
(c) The presence of
			 subsections (a) or (b) of this section on any known host plants in the site or
			 within 30 feet will be cause for rejection. The Department or school shall be
			 notified by the applicant in advance of the planting, replanting, or digging of
			 caneberry nursery stock in order that necessary inspections may be made or
			 approval granted prior to the performance thereof.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0965 - Procedures for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In accordance with OAR 603-051-0950 of these regulations, certification and the
			 supervision of activities relating thereto shall be in the respective agencies.
			 Inspection and testing procedures prescribed in these regulations may be made
			 by the school, the United State Department of Agriculture, or the Department,
			 and shall be conducted at such times and in such manner as is acceptable to the
			 certifying agencies. The Department at the request of the school, may enforce
			 certification standards established by the school.
(2) Plants propagated from Foundation Stock
			 are eligible for tagging as Registered Stock for one year only.
(3) Plants propagated from Registered Stock
			 are eligible for tagging as Certified Stock for two years only.
(4) Exceptions to sections (2) and (3) of
			 this rule hereof may be made according to the discretion of the certifying
			 agencies.
(5) Tags evidencing
			 certification for varietal purity shall be issued by the Dean of the school,
			 and tags certifying freedom from pests and diseases shall be issued by the
			 Department, unless the two agencies agree to the use of a joint tag.
Stat. Auth.: ORS
				  561.190, ORS 571 & ORS
				  632
Stats. Implemented: ORS 561, ORS 571 & ORS
				  632
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0970 - Application for Certification and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application for certification shall be
			 made on a form prescribed by the certifying agencies and shall be submitted
			 sufficiently in advance of the time of planting so as to permit establishment
			 of the origin of the planting stock, the determination of the suitability of
			 location, and supervision of any treatment that may be required. The
			 application shall include the consent of the applicant for the removal of
			 plants from any planting for inspection or testing purposes.
(2) Fees charged by the certifying agencies
			 for certification are payable at the time of the application and are for the
			 sole purpose of defraying expenses incurred by the Department or school in the
			 inspection, approval, or certification procedures provided for in these
			 regulations, and payment thereof shall not be construed as granting any right
			 or privilege to the applicant.
(3)
			 The annual fees payable under this rule are:
(a) Screenhouse; Foundation Block -- $100 for
			 20 plants or less; $1 for each additional plant;
(b) Field Planting; Increase Block -- $30 per
			 1/4 acre or portion thereof;
(c)
			 Field Planting; Certified Block -- $30 per 1/4 acre or portion
			 thereof;
(d) Greenhouse and
			 Screenhouse; Increase or Certified Block -- $50 per Block minimum. Such minimum
			 would apply towards any special service charges.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0975 - Refusal or Cancellation of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
Certification may be cancelled in accordance with the
				following:
(1) Failure to meet or
			 maintain the requirements of these regulations.
(2) Any Foundation or increase Block in which
			 any of the following are found:
(a) Off-type
			 plants;
(b) Non-thrifty
			 plants;
(c) Crown or cane gall
			 infection;
(d) An injurious
			 systemic disease;
(e) Plants
			 infected by anthracnose disease to the extent that serious loss or damage may
			 result;
(f) Serious nematode
			 injury;
(g) Evidence of insects
			 injurious to transplants.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0980 - General

Current through Register Vol. 63, No. 7, July 1, 2024
Compliance with the provisions of these standards shall not
				excuse failure to comply with provisions of applicable Federal or State laws.
				These standards shall apply to all recognized varieties of Asian pears
				including:
(1) Non-russeted types such
			 as Nijisseiki, Shinseiki, Ya Li.
(2) Partially russeted types such as Kosui,
			 Kikusui, Tsu Li (California origin).
(3) Complete russeted types such as Hosui,
			 Chojuro, Japanese Golden Russet.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.905
Stats. Implemented: ORS
				  632.905
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-0990 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Similar
			 Varietal Characteristics" means the fruit in any lot and container are similar
			 in shape, color of skin and flesh.
(2) "Mature" means that the fruit has reached
			 a stage of development which will ensure the completion of the ripening
			 process.
(3) "Overripe" means fruit
			 is dead ripe, mealy or soft, and past commercial utility.
(4) "Clean" means the fruit is free from
			 excessive dirt, dust, spray residue, or other foreign materials.
(5) "Well Formed" means the fruit is
			 symmetrical and has shape characteristics of the variety, and that bumps or
			 other roughness are permitted provided they do not more than slightly detract
			 from the appearance.
(6) "Fairly
			 Well Formed" means the fruit has the shape characteristics of the variety but
			 slight bumps or other roughness are permitted provided they do not materially
			 detract from appearance.
(7)
			 "Carefully Packed" means the fruit shows no evidence of rough
			 handling.
(8) "Injury" means any
			 defect described in the Classification of Defects (OAR 603-051-1040), or an
			 equally objectionable variation of any one of these defects, any other defect,
			 or any combination of defects, which more than slightly detracts from the
			 appearance, or the edible or marketing quality.
(9) "Damage" means any defect described in
			 the Classification of Defects (OAR 603-051-1040), or an equally objectionable
			 variation of any one of these defects, any other defect, or any combination of
			 defects, which materially detracts from the appearance, or the edible or
			 marketing quality.
(10) "Serious
			 Damage" means any defect more than 50 percent over allowable damage definition,
			 or any combination of defects, which seriously detracts from the appearance, or
			 the edible or marketing quality.
(11) "Permanent Defects" means those which
			 are not subject to change during shipment or storage, for example, shape, scars
			 or growth cracks.
(12) "Condition
			 Defects" means those defects which are subject to change during shipment or
			 storage, for example, decay, soft, shriveling or bruises.
(13) "Fairly Uniform in Size" means that
			 fruit in containers marked by diameter to denote size may not vary in diameter
			 more than 1/2 inch.
(14) "Diameter"
			 means the greatest dimension measured at right angles to a line from stem to
			 blossom end.
(15) "Shipping Point"
			 means the point of origin of the shipment in the producing area or at a port of
			 loading for ship-stores or overseas shipment, or, in the case of shipments from
			 outside the continental United States, the port of entry into the United
			 States.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.905
Stats. Implemented: ORS
				  632.905
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 51 - PRODUCE STANDARDS › Section 603-051-1000 - Grades

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Oregon Extra
			 Fancy" consists of Asian Pears which meet the following requirements:
(a) Basic requirements: Similar varietal
			 characteristics, mature, not soft or overripe, carefully packed, clean and well
			 formed;
(b) Must be free from worm
			 holes, broken skins, scald, sprayburn or sunburn, drought spot, disease,
			 insects and insect injury, freezing injury, internal breakdown and
			 decay;
(c) Must be free from injury
			 by bruises, leaf or limb rubs, discoloration, growth cracks, hail, scars, cork
			 spot and mechanical or other means.