reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0190 - Drugs and Feed Additives

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to approval of a registration application and /or approval of a label for
			 commercial feed which contains additives (including drugs, other special
			 purpose additives, or non-nutritive additives) the distributor may be required
			 to submit evidence to prove safety and efficacy of the commercial feed when
			 used according to the directions furnished on the label. Satisfactory evidence
			 to prove safety and efficacy of a commercial feed may include:
(2)
(a)
			 When the commercial feed contains such additives, the use of the additive
			 conforms to the requirements of the applicable ingredient definition in OAR
			 603-058-0116 for such intended use, or
(b) When the commercial feed is itself a new
			 animal drug as defined in Code of Federal Regulations, Title 21, Part 510.3 (g)
			 effective as of the date these rules are promulgated and is generally
			 recognized as safe and effective for the labeled use or is marketed subject to
			 an application conditionally approved by the Food and Drug Administration under
			 Sec. 512 [21 U.S.C.
			 360 b] of the Federal Food, Drug, and
			 Cosmetic Act, or
(c) When one of
			 the purposes for feeding a commercial feed is to impart immunity (that is to
			 act through some immunological process) the constituents imparting immunity
			 have been approved for the purpose through the Federal Virus, Serum and Toxins
			 Act of 1913, or
(d) When the
			 commercial feed is a direct fed microbial product and:
(i) The product meets the particular
			 fermentation product definition in OAR 603-058-0116, and
(ii) The microbial content statement, as
			 expressed in the labeling, is limited to the following: "Contains a source of
			 live (viable) naturally occurring microorganisms." This statement shall appear
			 on the label, and
(iii) The source
			 is stated with a corresponding guarantee expressed in accordance with OAR
			 603-508-0140(7).
(e)
			 When the commercial feed is an enzyme product and:
(i) The product meets the particular enzyme
			 definition as defined in OAR 603-058-0116, and
(ii) The enzyme activity is stated with a
			 corresponding guarantee expressed in accordance with OAR
			 603-058-0140(8).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0200 - Adulterants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Wild Bird Feed.
			 Pursuant to ORS 633.045(7), a
			 person may not sell or otherwise distribute wild bird feed containing viable
			 noxious weed seeds that exceed the amounts stated in this rule.
(2) Wild bird feed is defined in ORS
			 633.006(20).
(3) Wild bird feed sold or distributed to the
			 final consumer shall contain:
(a) No viable
			 prohibited noxious weed seed listed in OAR 603-056-0205(1) Prohibited noxious
			 weed seeds.
(b) No more viable
			 restricted noxious weed seed than the maximum allowable number of seeds per
			 pound specified by species in OAR 603-056-0205(2) Restricted noxious weed
			 seeds.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0210 - Good Manufacturing Practices (GMP's)

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of enforcing ORS
				633.045(6) the
				department adopts the following good manufacturing practices:
(1) The regulations prescribing good
			 manufacturing practices for type B and Type C medicated feeds as published in
			 the Code of Federal Regulations, Title 21, Part 225, Section
			 225.1-225.202effective as of the date these rules are promulgated.
(2) The regulations prescribing good
			 manufacturing practices for Type A Medicated Articles as published in the Code
			 of Federal Regulations, Title 21, Part 226, Sections 226.1-226.115 effective as
			 of the date these rules are promulgated.
Stat. Auth.: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0220 - Certain Mammalian Proteins are Prohibited in Ruminant Feed

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				633.045(1)
				deleterious substances, the Department adopts the requirements of title 21,
				Code of Federal Regulations parts 589.2000 and 589.2001 effective as of the
				date these rules are promulgated.
Stat. Auth.: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0230 - Labeling of Processed Animal Waste

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Animal waste products sold, held for
			 sale, or offered for sale shall be identified in accordance with the
			 definitions, and shall conform to the requirements of this section. Such
			 products, which are utilized for animal feeding on the premises, where
			 produced, by the person whose animals produced the same, shall conform
			 generally to the provisions of this rule:
(a)
			 "Processed animal waste" is a processed product composed of total excreta, with
			 or without litter, from poultry or ruminant animals. It shall not contain
			 levels of drug residue, pesticide residue, or other toxic or deleterious
			 substances that could be harmful to animals or result in harmful or unlawful
			 residue levels in their tissue or by-products. The final moisture of the
			 product shall not exceed 12 percent, except as provided in section (2) of this
			 rule. It shall not be used in feed for lactating dairy animals. If used in a
			 mixed feed, the maximum percentage of processed animal waste shall be stated on
			 the label of such mixed feed. It shall not be fed to animals within 15 days of
			 slaughter. Processed animal waste includes the following:
(b) "Dried Poultry Waste" is processed
			 undiluted poultry excreta collected from cage layer flocks. The product shall
			 be uniform and contain not less than 25 percent crude protein, not more than 15
			 percent crude fiber, and not more than 30 percent ash. It shall be labeled to
			 show minimum protein, maximum equivalent crude protein from nonprotein
			 nitrogen, minimum fat, maximum fiber, maximum ash, maximum and minimum salt
			 (NaCl), maximum and minimum calcium (Ca), and minimum phosphorus (P). The
			 product shall not contain more than 1 percent feathers;
(c) "Dried Poultry Litter" is the processed
			 combination of total poultry excreta and litter that occurs in the floor
			 production of poultry. The product shall be uniform and contain not less than
			 18 percent protein. The type of litter shall be a part of the product name. It
			 shall be labeled to show minimum protein, maximum equivalent crude protein from
			 nonprotein nitrogen, minimum fat, maximum fiber, maximum ash, maximum and
			 minimum calcium (Ca), minimum phosphorus (P), and maximum and minimum salt
			 (NaCl);
(d) "Dried Ruminant Waste"
			 is processed bovine excreta free of extraneous material such as straws, wood
			 shavings, dirt, and similar materials. The product shall be uniform and contain
			 not less than 12 percent crude protein and not more than 30 percent crude fiber
			 and 20 percent ash. It shall be labeled to show minimum protein, maximum
			 equivalent crude protein from nonprotein nitrogen, minimum fat, maximum fiber,
			 maximum ash, and maximum and minimum salt (NaCl).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0240 - License Fees for Feed Manufacturers, Wholesale Distributors, Feed Registrants, and Certain Feeders

Current through Register Vol. 63, No. 7, July 1, 2024
The license fees for any person operating a feed manufacturing
				plant (per location), or acting as a wholesale distributor of feeds, or
				registering feeds for distribution in Oregon, or acting as a contract feeder
				wherein drugs in any form are utilized in the manufacturing of such feed, shall
				be in accordance with the following:
(1) Non-Manufacturing Licenses: A license fee
			 of $100 for wholesale distributors, retailers who register feeds, re-labelers
			 or contract feeders who are not feed manufacturers.
(2) Manufacturing Licenses:
(a) A license fee for each Oregon
			 manufacturing location based upon annual distribution of commercial feeds in
			 Oregon, in accordance with the schedule set forth in section (3) of this
			 rule;
(b) A license fee for each
			 company with manufacturing located outside of Oregon based on their annual
			 distribution of commercial feeds into Oregon. Companies with multiple locations
			 outside of Oregon only need to obtain one license and combine the tons
			 distributed in Oregon;
(c) Firms
			 with mills both in Oregon and outside Oregon must obtain licenses under OAR
			 603-058-0240(2)(a) and 603-058-0240(2)(b).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0250 - Feed Product Registration Fee

Current through Register Vol. 63, No. 7, July 1, 2024
The annual registration fee for each formula, product or
				formulation of commercial feed under each brand shall be $20, which fee is
				payable at the time an application for registration is made to the Department.
				A firm must hold a manufacturing license or non-manufacturing license to
				register feed products.
Statutory/Other Authority: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0260 - Certificates of Free Sale

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 enhance trade with foreign countries the department will provide certificates
			 of free sale when requested by firms. Certificates are provided at no cost.
			 Multiple feed products may be put on each certificate.
(2) Certificates will be provided within 30
			 calendar days of initial request. Product must be registered to sell in Oregon
			 when the certificate request is made.
Stat. Auth.: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0270 - Referee Samples May Be Taken

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department may be called upon to collect samples of commercial or custom
			 feeds to resolve issues between animal feeders and feed suppliers. Either party
			 may contact the Department and request a referee sample to be taken.
(2) A department representative will take the
			 sample and provide a representative split of it to each party. The sample will
			 be submitted to the lab designated by the department for tests designated by
			 the animal feeder. The department will pay the testing costs.
(3) Unofficial samples submitted by the
			 animal feeder may be accepted as a referee sample at the department's
			 discretion. This should only be done when time is of the essence or travel time
			 is cost prohibitive.
(4) Lab
			 results of referee samples will be provided to both parties. Results are not to
			 be released as public records.
Stat. Auth.: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0280 - Reserved

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 58 - FEEDS › Section 603-058-0290 - Reserved

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  633.006-089,
				  633.992,
				  561.605 &
				  561.620
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 59 - FERTILIZERS, AGRICULTURAL MINERALS, AND LIMES › Section 603-059-0020 - Inspection Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The inspection
			 fees authorized to be established by ORS 633 and payable under ORS 633 are as
			 follows:
(a) Forty five cents ($0.45) for
			 each ton of fertilizer;
(b) Forty
			 five cents ($0.45) for each ton of agricultural mineral;
(c) Forty five cents ($0.45) for each ton of
			 agricultural amendment;
(d) Five
			 cents ($0.05) for each ton of fertilizer, agricultural mineral, or agricultural
			 amendment containing 100% "compost" as defined in ORS
			 633.311.
(e) Five cents ($0.05) for each ton of
			 gypsum.
(f) Five cents ($0.05) for
			 each ton of lime.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 59 - FERTILIZERS, AGRICULTURAL MINERALS, AND LIMES › Section 603-059-0025 - Declaration of Lime Score

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to the labeling requirements of ORS
			 633.330, the lime invoice or
			 label shall also state the guarantee for "Lime Score (Oregon)" which is defined
			 as a numerical expression of the quality of lime.
(2) The "Lime Score (Oregon)" shall be
			 determined in accordance with the equations and calculations set forth in the
Oregon State University Fertilizer Guide for Fertilizer and Lime
			 Materials, FG52
, as revised June 1990.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 & ORS 633
Stats. Implemented: ORS
				  633.330
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 59 - FERTILIZERS, AGRICULTURAL MINERALS, AND LIMES › Section 603-059-0030 - Registration Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 registration fee authorized to be established by ORS 633 for each fertilizer,
			 agricultural mineral, agricultural amendment or lime product is as follows:
			 Thirty Five dollars ($35.00) per year for each product registered;
(2) The registration fee specified in section
			 (1) of this rule shall be in effect commencing July 1, 2016.
Stat. Auth.: ORS
				  561.190 & 633 as amended by
				  Ch. 514 OL 2015
Stats. Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 59 - FERTILIZERS, AGRICULTURAL MINERALS, AND LIMES › Section 603-059-0040 - Manufacturer/Bulk Distributor License Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The license fee authorized to be
			 established by ORS 633 for each manufacturer/bulk distributor license is as
			 follows: Fifty dollars ($50.00) per year for each business licensed;
(2) The license fee specified in section (1)
			 of this rule shall be issued to a primary qualifying business entity. A
			 separate and distinct license is not required for each facility location,
			 however, all locations will be required to be identified on the license
			 application.
(3) The license fee
			 specified in section (1) of this rule shall be in effect commencing January 1,
			 2002.
Stat. Auth.: ORS
				  561.190 & ORS 633 as amended
				  by Ch 914 OL 2001.
Stats. Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 59 - FERTILIZERS, AGRICULTURAL MINERALS, AND LIMES › Section 603-059-0050 - Evaluation Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The product
			 evaluation fee authorized to be established by ORS 633 is as follows:
(a) Up to five hundred dollars ($500.00) upon
			 initial product registration;
(b)
			 Up to five hundred dollars ($500.00) upon product reregistration or
			 reevaluation of product registration.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 59 - FERTILIZERS, AGRICULTURAL MINERALS, AND LIMES › Section 603-059-0055 - Labeling Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 fertilizer, agricultural mineral, agricultural amendment or lime product
			 distributed in this state must have the following information included as part
			 of the product label required by ORS
			 633.321 to
			 633.341. At a minimum, one of
			 the following labeling statements:
(a)
			 "Information regarding the contents and levels of metals in this product is
			 available on the internet at
http://www.regulatory-info-xx.com
".
			 Each registrant must substitute a unique alpha numeric identifier for "xx".
			 This statement may be used only if the registrant establishes and maintains the
			 internet site and the internet site meets the following criteria:
(A) There is no advertising or
			 company-specific information on the site:
(B) There is a clearly visible, direct
			 hyperlink to the department's internet site specified in (b) of this subsection
			 (1); and
(C) Any other criteria
			 adopted by the director by rule.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 59 - FERTILIZERS, AGRICULTURAL MINERALS, AND LIMES › Section 603-059-0080 - Enforcement Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to any other penalty provided by law, the Director may assess civil
			 penalties for prohibited acts identified in ORS
			 633.366. Civil penalties will be
			 issued in accordance to the magnitude of the violation. The department is not
			 precluded from utilizing other enforcement alternatives. Enforcement
			 alternatives may include, but are not limited to, letter of advisement, notice
			 of violation, stop sale, use or removal order, and license/registration
			 revocation, suspension or denial. Commission of each prohibited act is a
			 violation of ORS Chapter 633 and subject to a civil penalty. Prohibited acts
			 are categorized as to the magnitude of violation as follows:
(a) Category I (Major): The Department will
			 issue a civil penalty for initial Category I violations in addition to any
			 alternative enforcement action deemed necessary to protect the public
			 interests. Category I violations include:
(A)
			 ORS 633.366(1)(b)
			 Register or attempt to register any product using fraudulent or deceptive
			 practices to evade or attempt to evade the requirements of ORS
			 633.311 to
			 633.479 and
			 633.994 or rules adopted
			 thereunder;
(B) ORS
			 633.366(1)(g)
			 Make false or fraudulent applications, records, invoices or reports;
(C) ORS
			 633.366(1)(j)
			 Sell, use or remove any product subjected to a stop sale, use or removal order
			 until the product has been released in accordance with ORS
			 633.445;
(D) ORS
			 633.366(1)(k)
			 Impede, obstruct, hinder or otherwise prevent or attempt to prevent the
			 department from the performance of department duties under ORS
			 633.311 to
			 633.479 and
			 633.994.;
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 59 - FERTILIZERS, AGRICULTURAL MINERALS, AND LIMES › Section 603-059-0100 - Limits of Non Nutritive Constituents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fertilizer, agricultural amendment,
			 agricultural mineral and lime products sold or distributed in the state and
			 required to be registered with the Department shall be limited in the level of
			 the metals arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), and nickel
			 (Ni), contained therein, specifically:
(a)
			 When the product has a guaranteed analysis of available phosphate (P2O5), for
			 each percent of P2O5 guaranteed, the maximum allowed level of a metal,
			 expressed in parts per million (ppm), must not exceed: 9 ppm arsenic, 7.5 ppm
			 cadmium, 43 ppm lead, 0.7 ppm mercury, 175 ppm nickel.
(A) To determine the maximum allowed
			 concentration of each metal in a product, multiply the percent guaranteed P2O5
			 for the product by the maximum allowed level of the metal.
(B) For the purpose of calculating the
			 maximum allowed concentration of a metal in a product with a guaranteed
			 analysis of less than six percent P2O5, the minimum percent of P2O5 utilized as
			 a multiplier shall be 6.0.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 60 - GINSENG MANAGEMENT PROGRAM › Section 603-060-0010 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
This division establishes procedures for a ginseng management
				program administered by the Oregon Department of Agriculture as authorized by
				Oregon Laws 1997 Chapter 9.
Stat. Auth.: ORS
				  561.190 & OL 1997 Ch.
				  9
Stats. Implemented: OL 1997 Ch. 9
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 60 - GINSENG MANAGEMENT PROGRAM › Section 603-060-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, the following definitions
				apply:
(1) "Certificate of Origin"
			 means a legal document required for out-of-state or foreign trade attesting to
			 the fact that a specific lot of ginseng was legally cultivated and harvested in
			 Oregon.
(2) "Cultivated Ginseng"
			 means ginseng which is growing or has been grown in tilled beds under shade of
			 artificial structures or under natural shade and is cultivated by a
			 person.
(3) "Dealer" means a person
			 who buys cultivated ginseng for the purpose of resale, except that it does not
			 include a person who buys dry root of cultivated ginseng solely for the purpose
			 of final retail sale to consumers in the United States.
(4) "Department" means the department of
			 agriculture of the state of Oregon.
(5) "Director" means the director of the
			 department of agriculture or his duly appointed representative
			 (Inspector).
(6) "Ginseng" means
			 any part of the plant known as American Ginseng (
Panax
			 quinquefolius
L.) including plants, whole roots, essentially intact
			 roots, and root chunks and slices, but excluding root hairs, extracts,
			 derivatives, leaves, stems, flowers and seeds.
(7) "Grower" means a person who grows
			 cultivated ginseng except persons growing solely for personal use, direct
			 retail sales, or direct sales to retail outlets within the state of
			 Oregon.
(8) "Out-of-state ginseng"
			 means ginseng originating from a state other than Oregon.
(9) "Person" means any individual, firm,
			 partnership, corporation, company, association, governmental entity or any
			 combination of individuals, or any employee, agent, or officer thereof.
(10) "Wild ginseng" means ginseng
			 originating from within its natural range and which was grown in an
			 uncultivated state and was collected from its native
			 habitat.
Stat. Auth.: ORS
				  561.190 & OL 1997 Ch.
				  9
Stats. Implemented: OL 1997 Ch. 9
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 60 - GINSENG MANAGEMENT PROGRAM › Section 603-060-0030 - Growers and Dealers: Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person may act as a grower or a dealer
			 unless he or she is licensed with the department. Persons selling cultivated
			 ginseng to dealers and/or out-of-state or foreign buyers must license as
			 growers. Persons growing ginseng solely for personal use, direct retail sales
			 within Oregon, direct sales to retail outlets within the State, or direct sales
			 to in-state processors making derivatives or extracts do not need to obtain a
			 growers license. Any person who acts as both a grower and a dealer shall be
			 licensed as both a grower and a dealer.
(2) Licenses shall be renewed annually on a
			 form provided by the department. Licenses expire on April 30th of each year. A
			 grower shall pay to the department an annual license fee of $25. A dealer shall
			 pay an annual license fee of $25. The department shall assign a license number
			 to each person licensed under this subsection.
(3) Paragraph (1) of this section does not
			 apply to a grower who sells or ships only live immature cultivated ginseng
			 plants for propagation (not consumption). A nursery license is required for
			 this activity if sales exceed the limit prescribed in the nursery law, ORS
			 571.057 and associated rule, OAR
			 603-054-0016. Growing and/or selling ginseng seed does not require a nursery
			 license or a ginseng grower's license.
Stat. Auth.: ORS
				  561.190 & OL 1997, Ch.
				  9
Stats. Implemented: OL 1997, Ch. 9
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 60 - GINSENG MANAGEMENT PROGRAM › Section 603-060-0040 - Sale or Shipment of Cultivated Ginseng

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department shall, upon request,
			 provide each licensed grower or dealer with certificates of origin. The
			 department shall stamp each certificate of origin with the license number of
			 the grower or dealer. A certificate of origin is valid only if used during the
			 period for which the stamp license number of the grower was issued. Licensed
			 growers or dealers may certify their own cultivated ginseng by filling out and
			 signing a valid certificate or origin.
(2) No person may sell or ship cultivated
			 ginseng to a dealer, out-of-state buyer or foreign buyer unless the cultivated
			 ginseng is accompanied by a valid, completed certificate of origin which
			 specifies the year of harvest, growers license number, location of harvest, and
			 actual weight of ginseng sold. The person selling or shipping the cultivated
			 ginseng shall send to the department a copy of the certificate of origin within
			 30 days. Each person who completes a certificate of origin shall retain a
			 duplicate copy.
(3) No dealer may
			 purchase or receive Oregon-grown cultivated ginseng unless it is accompanied by
			 a completed certificate of origin from the grower. A dealer shall retain the
			 original copy of each certificate of origin he or she receives.
(4) No dealer may purchase or receive
			 out-of-state cultivated ginseng unless it is accompanied by a valid written
			 certificate, issued by the state of origin, certifying that the shipment
			 consists solely of out-of-state cultivated ginseng. The certificate shall
			 include the location of harvest, year of harvest, and dry weight of the
			 out-of-state cultivated ginseng included in the shipment. A dealer shall retain
			 a copy of each written certificate he or she receives.
(5) Ginseng harvested or grown in Oregon must
			 be kept separate from out-of-state ginseng. Out-of-state sources may not be
			 declared on an Oregon certificate of origin.
(6) Growers and dealers shall keep records of
			 transactions covered by paragraphs (2), (3), and (4) of this section. A
			 licensed dealer shall keep a continuous log of purchases and sales of both
			 cultivated and wild ginseng. A dealer or grower shall make all records that are
			 required to be kept under this section available upon request to the department
			 for inspection and copying. As a condition of relicensing, records required by
			 this section shall be sent to the department by the end of each licensing year
			 (April 30th). Listed weights of roots sold and roots in inventory shall equal
			 root purchased/harvested within reasonable amounts, and may be verified by the
			 department from time to time if deemed necessary.
Stat. Auth.: ORS
				  561.190 & OL 1997 Ch.
				  9
Stats. Implemented: OL 1997 Ch. 9
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 60 - GINSENG MANAGEMENT PROGRAM › Section 603-060-0050 - Possession of Certified Wild Ginseng

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon certificates of origin can not be used to certify wild
				ginseng. Wild ginseng roots legally certified in other states may be purchased,
				sold, transported, or exported within and out of state only by dealers licensed
				by the department in accordance with section 603-060-0030. Persons engaged in
				the retail marketing of wild ginseng to consumers within the state may purchase
				and retail out-of-state wild ginseng root in the normal course of their
				business provided the ginseng root is purchased from a registered dealer of any
				state having a Ginseng Management Program approved by the U.S. Fish and
				Wildlife Service and is accompanied by a certificate of origin issued by the
				state of origin of the ginseng.
Stat. Auth.: ORS
				  561.190 & OL 1997 Ch.
				  9
Stats. Implemented: OL 1997 Ch. 9
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 60 - GINSENG MANAGEMENT PROGRAM › Section 603-060-0060 - Ginseng Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Ginseng Advisory Committee shall consist of five members, representing both
			 growers and dealers, appointed by the Director. The term of each member shall
			 be three years from the date of appointment, except initially terms of one, two
			 and three years will be used to stagger the terms of the committee members.
			 Vacancies in office shall be filled by appointment for the unexpired term. An
			 individual is not eligible to serve more than two consecutive terms as a
			 member.
(2) At the first meeting in
			 each year the committee shall select a chairperson. The Director of the State
			 Department of Agriculture, or their representatives, shall be ex officio
			 members without the right to vote.
(3) The committee shall meet at the call of
			 the chairperson or the Director of the State Department of Agriculture. A
			 majority of the members present at any meeting shall constitute a quorum, and
			 majority vote of the quorum at any meeting shall constitute an official act of
			 the committee.
Stat. Auth.: ORS
				  561.190 & OL 1997 Ch.
				  9
Stats. Implemented: OL 1997 Ch. 9
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 60 - GINSENG MANAGEMENT PROGRAM › Section 603-060-0070 - Enforcement Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person
			 may knowingly include false information on any document or record required
			 under this division, or submit false information to the department in
			 connection with licensing in accordance with section 603-060-0030. No person
			 may knowingly accept or retain a document or record required under this
			 division that contains false information to facilitate the sale or shipment of
			 ginseng in violation of this section.
(2) No person shall convey or otherwise
			 provide any dealer, exporter, or other person an Oregon state shipment
			 certificate for which the weight in ginseng roots stated to be legally
			 certified exceeds the weight of ginseng actually being sold or otherwise
			 exchanged.
(3) The department may
			 by an order suspend or revoke the license of a dealer or a grower and may
			 invalidate certificates of origin completed by the dealer or grower, if the
			 department finds that the dealer or grower has violated any of the provisions
			 of this division. An order issued is subject to a right of hearing before the
			 department, if requested. Hearings will be conducted pursuant to the APA and
			 the Attorney General's Model Rules of Procedure.
Stat. Auth.: ORS
				  561.190 & OL 1997 Ch.
				  9
Stats. Implemented: OL 1997 Ch. 9
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 60 - GINSENG MANAGEMENT PROGRAM › Section 603-060-0080 - Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition
			 to any other liability or penalty provided by law, the Director of Agriculture
			 may impose a civil penalty on a person for violation of any of the provisions
			 of 603-060. The civil penalty for a first violation shall be a fine of not more
			 than $1,000. Upon a second violation, the department may impose a fine of not
			 more than $2,000.
(2) All penalties
			 recovered under this chapter shall be deposited by the State Treasurer in the
			 Department of Agriculture Service Fund. Such moneys are continuously
			 appropriated to the department for the purpose of carrying out the ginseng
			 management program.
Stat. Auth.: ORS
				  561.190 & OL 1997 Ch.
				  9
Stats. Implemented: OL 1997 Ch. 9
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 60 - GINSENG MANAGEMENT PROGRAM › Section 603-060-0090 - Criminal Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
Violation of any of the provisions of 603-060 is a
				misdemeanor.
Stat. Auth.: ORS
				  561.190 & OL 1997 Ch.
				  9
Stats. Implemented: OL 1997 Ch. 9
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 70 - HEARING PROCEDURES › Section 603-070-0005 - Hearing Upon a Petition for the Formation of a District

Current through Register Vol. 63, No. 7, July 1, 2024
The administrative procedures applicable to a hearing upon a
				petition for the formation of a district, as provided for in ORS
				568.310, and the department's
				determination resulting therefrom, as provided for in ORS
				568.330 and
				568.340, shall be those
				specified in OAR 603-001-0005.
Stat. Auth.: ORS 561
Stats. Implemented: ORS 561 & ORS 568
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 70 - HEARING PROCEDURES › Section 603-070-0010 - Hearing Upon a Petition or Resolution to Consolidate Districts

Current through Register Vol. 63, No. 7, July 1, 2024
The administrative procedures applicable to a hearing upon a
				petition to consolidate districts, as provided for in ORS
				568.450, shall be those
				specified in OAR 603-001-0005.
Stat. Auth.: ORS 561
Stats. Implemented: ORS 561 & ORS 568
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 70 - HEARING PROCEDURES › Section 603-070-0015 - Hearing Upon a Petition to Discontinue a District

Current through Register Vol. 63, No. 7, July 1, 2024
The administrative procedures applicable to a hearing upon a
				petition to discontinue a district, as provided for in ORS
				568.480, shall be those
				specified in OAR 603-001-0005. These provisions shall also apply to
				consideration of discontinuance due to a district being inactive, as provided
				for in ORS 568.515.
Stat. Auth.: ORS 561
Stats. Implemented: ORS 561 & ORS 568
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 70 - HEARING PROCEDURES › Section 603-070-0020 - Hearing by a District Upon Land-Use Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The administrative procedures applicable to promulgation of
				land-use rules by a district, as provided for in ORS
				568.630, shall be those
				specified in OAR 603-001-0005.
Stat. Auth.: ORS 561
Stats. Implemented: ORS 561 & ORS 568
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 71 - REFERENDUM AND ELECTION PROCEDURES › Section 603-071-0005 - Referendum on the Creation of a District

Current through Register Vol. 63, No. 7, July 1, 2024
As authorized by subsection (1) of ORS
				568.380, the administrative
				procedures applicable to a referendum on the creation of a district, as
				provided for in ORS 568.350 and
				568.360, shall be as follows:
(1) The department shall establish one or
				more voting places within, or if deemed more appropriate without, the proposed
				district. The department shall also establish the dates and hours for
				voting.
(2) The department shall
				cause due notice, as defined in subsection (5) of ORS
				568.210, to be published or
				posted at least 15 days prior to the referendum and shall include in such
				notice the time and place of voting and the proposition to be submitted to
				vote.
(3) The department shall
				request of and obtain from the county clerk a list of registered voters
				residing within the proposed district, such list to be requested at least ten
				days prior to the time of the referendum. Such list shall constitute the
				registration of eligible voters for the referendum.
(4) The department shall prepare and make
				available at the voting places at the time of the referendum, ballots in the
				form prescribed in ORS
				568.360. Procedures for absentee
				voting shall be in accordance with the provisions of ORS
				253.010 to
				253.120, and the department
				shall confer with the county clerk so as to comply therewith in lieu of the
				county clerk.
(5) The department
				shall tabulate and determine the results of the referendum, and shall cause
				such results to be published at least once in a newspaper of general
				circulation in the area.
(6) Proofs
				of publication and ballots, tally sheets and other referenda data shall be
				maintained by the department for at least six months after the
				referendum.
Stat. Auth.: ORS 561
Stats. Implemented: ORS
				  568.380
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 71 - REFERENDUM AND ELECTION PROCEDURES › Section 603-071-0010 - Referendum on the Consolidation of Districts

Current through Register Vol. 63, No. 7, July 1, 2024
The administrative procedures applicable to a referendum on the
				consolidation of districts, as provided for in ORS
				568.450 and
				568.460, shall be those
				specified in OAR 603-071-0005, except the ballots shall provide for approval or
				disapproval of consolidation.
Stat. Auth.: ORS 561
Stats. Implemented: ORS
				  568.380
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 71 - REFERENDUM AND ELECTION PROCEDURES › Section 603-071-0015 - Referendum on the Discontinuance of a District

Current through Register Vol. 63, No. 7, July 1, 2024
The administrative procedures applicable to a referendum on the
				discontinuance of a district, as provided for in ORS
				568.480, shall be those
				specified in OAR 603-071-0005, except the ballots shall conform with the
				provisions of subsection (2) of ORS
				568.480. These provisions shall
				also apply to referendums on discontinuance due to a district being inactive,
				as provided for in ORS
				568.515.
Stat. Auth.: ORS 561
Stats. Implemented: ORS
				  568.380
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 71 - REFERENDUM AND ELECTION PROCEDURES › Section 603-071-0020 - Referendum on District Adoption of Land-Use Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Subject to the requirements of ORS
				568.640 and
				568.650, the administrative
				procedures applicable to a referendum on promulgation of land-use rules, as
				provided for in ORS 568.640, shall be those
				specified in OAR 603-071-0005. These provisions shall also apply to referendums
				on amendments, supplements, or repeals of such land-use rules, as provided for
				in ORS 568.670. However, the eligible
				voters shall only be the owners of lands to which the proposed land-use rule,
				amendment, supplement, or repeal applies. The district shall survey and
				determine, with the assistance of county officials and records, the eligible
				voters and such determination shall constitute the registration of eligible
				voters.
Stat. Auth.: ORS 561
Stats. Implemented: ORS
				  568.380
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 71 - REFERENDUM AND ELECTION PROCEDURES › Section 603-071-0025 - Procedure for District Zoning and Elections Affected Thereby

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with the provisions of subsection (1) of ORS
				568.560, whereby the department
				is directed to provide for the zoning of each Soil and Water Conservation
				District in order to assure proper representation of all people in the district
				and to facilitate district functions, the following procedure shall be
				followed:
(1) Each Soil and Water
				Conservation District Board of Directors shall prepare a map of the district
				indicating the Board's proposed zones for the election of directors. In those
				districts where the Board of Directors consists of five members, the zones
				shall be three in number, and in those districts where the Board of Directors
				consists of seven members the zones shall be five in number.
(2) After preparation of said zoning map, the
				same shall be submitted to the department which shall review the proposed zones
				for compliance with the provisions of ORS
				568.560, and thereafter either
				adopt the zones as proposed or modify the zones so as to cause the same to be
				in compliance with above cited statute.
(3) The department shall notify each Soil and
				Water Conservation District Board of Directors of the approved zoning of the
				district. Each director elected from one of the established zones shall meet
				the "land manager" requirements of subsection (1) of ORS
				568.560, and the statutory
				provision for election of two "land occupiers" to a board (who need not be land
				managers), may be complied with by the election of two members at-large. Any
				registered voter residing within the district is qualified to be elected to an
				at-large position on the board.
Stat. Auth.: ORS 561
Stats. Implemented: ORS
				  568.380
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 71 - REFERENDUM AND ELECTION PROCEDURES › Section 603-071-0030 - Nominating Petitions for Directors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (4) of this
			 rule, nominating petitions of candidates for director to be voted for at a
			 general election shall be filed with the department no later than the 70th day
			 before the date of the election. The department shall file the nominating
			 petition with the appropriate election officer no later than the 61st day
			 before the date of the election, so that the appropriate election officer may
			 perform the necessary election procedures.
(2) In the event of a vacancy in the office
			 of a director, so that the provisions of either section (3) or (4) of this rule
			 would apply, the district shall immediately prepare, and file with the
			 department not later than 30 days after the vacancy occurs, a written
			 confirmation of vacancy setting forth the date of vacancy, cause of vacancy,
			 and identity of the office (term of office, position or zone, etc.).
(3) If a vacancy occurs in the office of a
			 director, in addition to any other procedural requirements, the provisions of
			 section (1) of this rule shall apply.
(4) If a vacancy occurs in the office of a
			 director within a time period that would preclude compliance with section (1)
			 of this rule, the appropriate election officer shall be immediately notified of
			 this circumstance. Under this circumstance, nominating petitions of candidates
			 for director shall be filed with the appropriate election officer for
			 verification of signatures on the petitions no later than 20 days before the
			 date of the election. The petitions shall thereafter be submitted by the
			 election officer to the department for confirmation of the validity of the
			 contents of the petitions and the need therefore. If the election is determined
			 to be necessary, and the contents of the petitions appropriate, the department
			 shall request the appropriate election officer to publish an amended Notice of
			 Election, prepare supplemental election ballots and absentee ballots, and to
			 perform other procedures prescribed in ORS Chapter 255 for district
			 elections.
Stat. Auth.: ORS 561 & ORS 568
Stats. Implemented: ORS
				  568.380
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 72 - STREAMBANK CONTROL AND STREAM CORRIDOR › Section 603-072-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 568.801 directs the department
				to adopt procedures to be utilized by soil and water conservation districts
				desiring to implement streambank erosion control or stream corridor management
				projects, which are to be funded in whole or in part with state funds. OAR
				603-072-0010 to 603-072-0025 set forth such procedures.
Stat. Auth.: ORS 561 & ORS 568
Stats. Implemented: ORS
				  568.912
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 72 - STREAMBANK CONTROL AND STREAM CORRIDOR › Section 603-072-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-072-0005 to 603-072-0025:
(1) "Stream Corridor" means a perennial
			 stream and its associated natural fringe and trees, which includes the area
			 occupied by normal high water, the area in which the stream meanders, or in
			 recent decades has meandered, and the immediately adjacent areas which support
			 a belt of higher-growing vegetation needed to shade the water and protect the
			 banks from excessive erosion, but does not include the whole of a valley
			 floodplain.
(2) "Streambank
			 Erosion" means the wearing away of the whole side of a streambank from the
			 stream surface down to the foot of the streambank in the stream bottom, which
			 wearing away is the result of the scouring action of moving water, which is a
			 rate greater than a rate resulting in imperceptible change, and which is a
			 threat to life, property or water quality.
Stat. Auth.: ORS 561 & ORS 568
Stats. Implemented: ORS
				  568.912
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 72 - STREAMBANK CONTROL AND STREAM CORRIDOR › Section 603-072-0015 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
Any soil and water conservation district may apply to the
				department for implementation of a streambank erosion control or stream
				corridor management project so as to be eligible for partial state or federal
				funding of such activity. Another soil and water conservation district, or
				other local governmental agencies, may be co-participants with the applicant
				without jeopardizing the applicant's eligibility.
Stat. Auth.: ORS 561 & ORS 568
Stats. Implemented: ORS
				  568.912
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 72 - STREAMBANK CONTROL AND STREAM CORRIDOR › Section 603-072-0020 - Application Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Applications for implementation of streambank erosion control
				or stream corridor management projects shall be on forms prescribed by the
				department, and shall contain all information requested therein. The
				application forms may be obtained from the department at its Salem office, and
				upon completion should be submitted to the department at such office at least
				60 days before implementation of the activity is desired or
				expected.
Stat. Auth.: ORS 561 & ORS 568
Stats. Implemented: ORS
				  568.912
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 72 - STREAMBANK CONTROL AND STREAM CORRIDOR › Section 603-072-0025 - Departmental Determination on Application

Current through Register Vol. 63, No. 7, July 1, 2024
Upon receipt of an application pursuant to OAR 603-072-0020,
				the department shall:
(1) Review the
			 application for completeness of information;
(2) Consider the feasibility, public benefits
			 and environmental effects of the proposed activity, and make such
			 investigations as necessary to undertake such considerations;
(3) Investigate the practicality of utilizing
			 the resources of other state or federal agencies in carrying out the proposed
			 activity;
(4) Prepare a preliminary
			 report and determination, and submit the same to the Soil and Water
			 Conservation Commission for its review and comment; and
(5) Prepare a final determination and forward
			 a copy thereof to the applicant, within 90 days of receipt of the
			 application.
Stat. Auth.: ORS 561 & ORS 568
Stats. Implemented: ORS
				  568.912