reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0335 - Unique Identification Number

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A cottage food establishment or licensed
			 domestic kitchen may request a unique identification number from the Department
			 to use on a food label as an alternative to a business address by:
(a) Submitting the complete form designated
			 by the Department, along with any requested information or documentation;
			 and
(b) Payment of a $25
			 fee.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0426 - Crab Harvested Outside Oregon in an Area that Would Be a Biotoxin Management Zone, if in Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application. This rule applies only to Dungeness crab (Cancer magister or
			 Metacarcinus magister) harvested and sold for commercial purposes that:
(a) Contains viscera, whole or in
			 part;
(b) Is not harvested in
			 waters of this state or the Pacific Ocean off Oregon;
(c) Is harvested from an area in which crab
			 viscera samples that were tested under the authority of the responsible state
			 agency showed domoic acid levels of 30 ppm or higher; and
(d) Is sold into, or otherwise enters,
			 Oregon.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0500 - License Fees and Categories for Food Establishments

Current through Register Vol. 63, No. 7, July 1, 2024
Except as otherwise provided in ORS
				616.695 to
				616.755, a person may not
				operate a "food establishment," as defined in ORS
				616.695(2),
				without first obtaining and thereafter maintaining a license from the
				department. Pursuant to ORS
				616.706, the department may
				establish license fees for food establishments based on the license applicant's
				annual gross dollar volume of sales of covered operations in Oregon. The annual
				license fees for food establishments are as follows:
(1) Retail food establishment, as defined in
			 OAR 603-025-0010(11) (annual gross dollar volume of sales):
(a) $0-$5,000: $159
(b) $5,001 - $50,000: $159
(c) $50,001 - $500,000: $317
(d) $500,001 - $1,000,000: $381
(e) $1,000,001 - $5,000,000: $571
(f) $5,000,001 - $10,000,000: $696
(g) Greater than $10,000,000: $824
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0510 - New License Payments; Food Establishment License Expiration; Operating without a License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) New license
			 payments must be received within 14 calendar days of the department's initial
			 approval inspection or a change of ownership. If a new license payment is not
			 received within 14 calendar days of the initial approval inspection or a change
			 of ownership, the establishment will be considered operating without a
			 license.
(2) Each license shall
			 expire on June 30 next following the date of issuance.
(3) The department will collect a delinquent
			 renewal penalty for any license fee if the licensee fails to renew the license
			 before the 60th calendar day after the license expiration date.
(4) The delinquent renewal penalty shall be
			 30 percent of the license fee.
(5)
			 The department will send a notice to all licensees who fail to renew their
			 license by the 30th calendar day after their license expires, that a delinquent
			 renewal penalty will be collected if their license fee is not paid before the
			 60th calendar day after the license expires.
(6) The department will send a notice to all
			 licensees who have failed to renew their license by the 60th calendar day after
			 their license expires, that a delinquent renewal penalty must be paid in
			 addition to the license fee before the license is renewed.
(7) The department will waive the delinquent
			 renewal penalty if:
(a) The licensee's failure
			 to renew the license prior to the 60th calendar day was caused entirely or in
			 part by a department error or omission; or
(b) The licensee notifies the department in
			 writing prior to the 60th calendar day after the license has expired, that the
			 licensee will not engage in the licensed activity any time during the current
			 license period. However, if the licensee resumes the licensed activity during
			 the current license period, the licensee must pay both the license renewal fee
			 and the delinquent renewal penalty.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0520 - Scope and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 603-025-0520 to 603-025-0535 set forth the procedures that
				the Department of Agriculture will follow when it orders the closure of a food
				establishment that has failed to obtain a required authorization from the
				department, or whose required authorization has lapsed.OAR 603-025-0520 to
				603-025-0535 set forth the procedures that the Department of Agriculture will
				follow when it orders the closure of a food establishment that has failed to
				obtain a required authorization from the department, or whose required
				authorization has lap
Statutory/Other Authority: ORS 616.697, ORS
				  632.705-632.815, ORS 616.692, ORS
				  621-622, ORS 624-625 & ORS
				  561.300
Statutes/Other Implemented: ORS 616.697 & ORS
				  183.745
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0525 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 in this rule apply to OAR 603-025-0520 to 603-025-0535.
(2) "Required authorization" means a license,
			 permit, certificate or other approval for the operation of a food establishment
			 that a person is required by law to obtain from the department.
(3) "Fails to obtain a required
			 authorization," including variations of that phrase, means that a food
			 establishment is operating without an authorization from the department that is
			 required by law. "Fails to obtain a required authorization" includes, but is
			 not limited to, when a food establishment fails to pay a license payment within
			 14 calendar days of the department's initial approval inspection or a change of
			 ownership, in which case the failure to obtain a required authorization is
			 treated as beginning on the 14th calendar day after the department's initial
			 approval inspection or a change of ownership.
(4) "Food establishment" has the meaning
			 given that term in ORS
			 616.695.
(5) "Lapsed" means that a required
			 authorization has expired.
Statutory/Other Authority: ORS 616.697, ORS616.695, ORS
				  632.705-632.815, ORs 621-622, ORS
				  624-625 & ORS 561.300
Statutes/Other Implemented: ORS 616.697 & ORS
				  183.745
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0530 - Closure of Food Establishment That Fails to Obtain a Required Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 the department orders the closure of a food establishment that fails to obtain
			 a required authorization, the department shall follow the procedures set forth
			 in this rule.
(2) If a food
			 establishment fails to obtain a required authorization, the department shall
			 provide written notice to the owner or operator that the food establishment has
			 45 days from the date on which the written notice is mailed to obtain the
			 required authorization from the department.
(3) If the food establishment fails to obtain
			 the required authorization within 45 days from the date on which the written
			 notice in section (2) of this rule is mailed, the department shall provide
			 written notice to the owner or operator that the food establishment has failed
			 to obtain the required authorization, and that the department will issue a
			 proposed order to close the food establishment if the food establishment fails
			 to obtain the required authorization within 30 days from the date on which the
			 written notice in this section (3) is mailed. The notice shall be mailed via
			 certified mail to the last-known address of the owner or operator on file with
			 the department or, if none, to the address of the food establishment.
(4) If the food establishment fails to obtain
			 the required authorization within 30 days from the date on which the written
			 notice in section (3) of this rule is mailed, the department shall issue a
			 proposed order to close the food establishment. A proposed order to close a
			 food establishment issued under this section (4) is an order in contested case
			 that is subject to the applicable provisions of Oregon Revised Statutes chapter
			 183 and Oregon Administrative Rules chapter 137, division 3.
(5) A food establishment may request a
			 hearing on a proposed order to close the food establishment issued under
			 section (4) of this rule. Any hearing request must be in writing, must comply
			 with the applicable provisions of Oregon Administrative Rules chapter 137,
			 division 3, and must be received by the department within 10 calendar days of
			 the date on which the proposed closure order is mailed.
Statutory/Other Authority: ORS 616.697, ORS
				  616.695, ORS
				  632.705-632.815, ORsS 621-622, ORS
				  624-625 & ORs 561.300
Statutes/Other Implemented: ORS 616.697 & ORS
				  183.745
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0535 - Closure of Food Establishment Whose Required Authorization Has Lapsed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 department orders the closure of a food establishment whose required
			 authorization has lapsed, the department shall follow the procedures set forth
			 in this rule.
(2) As required by
			 ORS 561.300 and OAR 603-025-0510(5),
			 if a food establishment fails to renew a required authorization by the 30th
			 calendar day after it lapses, the department shall give notice to the food
			 establishment that a delinquent renewal penalty will be collected if the
			 required authorization fee is not paid before the 60th calendar day after the
			 authorization lapses.
(3) If a food
			 establishment fails to renew a required authorization by the 90th calendar day
			 after the authorization lapses, the department shall provide written notice to
			 the owner or operator that the authorization required for operating the food
			 establishment remains lapsed and that the food establishment is considered to
			 be operating without a license. The notice shall be mailed via certified mail
			 to the last-known address of the owner or operator on file with the department
			 or, if none, to the address of the food establishment.
(4) If a food establishment fails to renew
			 the required authorization within 30 days from the date on which the written
			 notice in section (3) of this rule is mailed, the department shall issue a
			 proposed order to close the food establishment. A proposed order to close a
			 food establishment issued under this section (4) is an order in contested case
			 and is subject to the applicable provisions of Oregon Revised Statutes chapter
			 183 and Oregon Administrative Rules chapter 137, division 3.
(5) A food establishment may request a
			 hearing on a proposed order to close the food establishment issued under
			 section (4) of this rule. Any hearing request must be in writing, must comply
			 with the applicable provisions of Oregon Administrative Rules chapter 137,
			 division 3, and must be received by the department within 10 calendar days of
			 the date on which the proposed closure order is mailed.
Statutory/Other Authority: ORS 616.697, ORS
				  616.695, ORS
				  632.705-632.815, ORS 619, ORS 621-622,
				  ORS 624-625 & ORS
				  561.300
Statutes/Other Implemented: ORS 616.697 & ORS
				  183.745
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0900 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Department of Agriculture Food Safety Program
				licenses and inspects all facets of Oregon's food distribution system, except
				restaurants, to ensure food is safe for consumption. Education and technical
				assistance are vital to the prevention, correction, and abatement of food
				safety violations, and are preferred over regulatory action. However,
				regulatory action may be necessary to deter violations of food safety laws and
				rules, to educate persons about the consequences of such violations, and to
				compel compliance with food safety laws for the protection of consumers. The
				Department intends to initiate civil penalty actions when educational measures,
				technical assistance, warning letters, compliance agreements or other remedial
				measures fail to achieve compliance.
Stat. Auth.: ORS
				  561.190,
				  616.997 &
				  632.995
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0910 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-025-0920 through 603-025-0930, unless
				otherwise required by the context, the following terms will be construed to
				mean:
(1) "Department" means the
			 Oregon Department of Agriculture.
(2) "Interference" means hindering or
			 impeding an activity or process, which includes, but is not limited to any
			 harassment, unreasonable delay, threat, concealment, deceit, or
			 obstruction.
(3) "Major," with
			 respect to violations, means an incident, or series of incidents that cause a
			 reasonable probability that serious adverse health consequences or death will
			 occur.
(4) "Minor," with respect to
			 violations, means an incident, or series of incidents that are not likely to
			 cause adverse health consequences.
(5) "Moderate," with respect to violations,
			 means an incident, or series of incidents that may cause temporary or medically
			 reversible adverse health consequences, or where the probability of serious
			 adverse health consequences is remote.
(6) "Repeat violation" means the recurrence
			 of the same violation for each 24-hour period after a notice of noncompliance
			 or assessment of civil penalty was issued within the preceding three years. It
			 does not include a violation if the previous notice is the subject of a pending
			 appeal or if the notice has been withdrawn or successfully appealed.
(7) "Same," with respect to violations, means
			 an identical recurrence, exact repetition, or a continuation of a previous
			 violation.
(8) "Violation" means
			 the failure to comply with any requirement of ORS Chapter 616 or any rules
			 adopted thereunder.
Stat. Auth.: ORS
				  561.190,
				  616.997 &
				  632.995
Stat. Implemented: ORS
				  616.997 &
				  632.995
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0920 - Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any penalty available under ORS
				561.190,
				616.992,
				616.994, or
				632.990 the Department may
				impose a civil penalty with respective amounts for:
(1) Violation of ORS
			 616.073(3),
			 relating to sulfite use. Penalty - $500 to $5,000.
(2) The manufacture, sale or delivery,
			 holding or offering for sale of any food that is adulterated or misbranded as
			 explained in ORS 616.215(1).
			 Penalties:
(a) Minor - $500 to
			 $4,000;
(b) Moderate - $4,001 to
			 $7,000; or
(c) Major - $7,001 to
			 $10,000.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0930 - Penalty factors; procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In imposing a penalty pursuant to the schedule adopted pursuant to ORS
			 616.997, the Department shall
			 consider the following factors, which are listed in prioritized order:
(a) The immediacy and extent to which the
			 violation threatens the public health or safety.
(b) Any prior violations of statutes, rules
			 or orders pertaining to food and other commodities.
(c) The past history of the person incurring
			 a penalty in taking all feasible steps or procedures necessary or appropriate
			 to correct any violation.
(d) The
			 economic and financial conditions of the person incurring the penalty,
			 including any financial gains resulting from the violation.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0030 - License Fees and Categories

Current through Register Vol. 63, No. 7, July 1, 2024
The annual license fees for weighing or measuring instruments
				or devices, as provided for in ORS
				618.136 and
				618.141 are as follows: License
				Period 2018-2019.
(1) Discrete
			 Weighing Devices (mfr. rated capacity):
(a)
			 0-400 pounds - $41.00; -- $43.00;
(b) 401-1,160 pounds - $84.00; -- $88.00;
(c) 1,161-7,500 pounds - $168.00;
			 -- $178.00;
(d) 7,501-60,000 pounds
			 - $254.00; -- $267.00;
(e) Over
			 60,000 pounds - $254.00; -- $267.00;
(f) Static Railroad Track Scales - $1,104.00;
			 -- $1,160.00;
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0105 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
The Weights and Measures Packaging and Labeling requirements
				for all food and nonfood commodities in package form shall be the Uniform
				Packaging and Labeling Regulation requirements adopted by the National
				Conference on Weights and Measures, as published by the U.S. Department of
				Commerce in its NIST (National Institute of Standards and Technology Handbook
				130 2009 Edition, entitled "Uniform Laws And Regulations in the areas of legal
				metrology and motor fuel quality".
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 618
Stats. Implemented: ORS
				  618.016,
				  618.031,
				  618.066,
				  618.201,
				  618.211,
				  618.216,
				  618.221,
				  618.226,
				  618.231 &
				  618.246
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0170 - Package Checking Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The procedures for checking the accuracy of the net content
				statement on packaged goods shall be those adopted by the National Conference
				on Weights and Measures, and contained in the Fourth Edition of NIST Handbook
				133, published by the United States Department of Commerce National Institute
				of Standards and Technology (NIST), January 2005 and entitled "NIST Handbook
				133 Checking the Net Contents of Packaged Goods."
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 561 & 618
Stats. Implemented: ORS
				  618.016,
				  618.031,
				  618.066,
				  618.201,
				  618.211,
				  618.221 &
				  618.231
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0180 - Examination Procedures for Price Verification

Current through Register Vol. 63, No. 7, July 1, 2024
The procedures for price verification and accuracy in any
				store, including those that use Universal Product Code (U.P.C.) scanners and
				price-look-up codes at the checkout counter as a means for pricing, shall be
				those adopted by the National Conference on Weights and Measures, and contained
				in the National Institute of Standards and Technology (NIST) Handbook 130 2009
				Edition, entitled "Uniform Laws And Regulations in the areas of legal metrology
				and engine fuel quality," subsection "Examination Procedure for Price
				Verification."
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 561 & 618
Stats. Implemented: ORS
				  618.016,
				  618.031,
				  618.051,
				  618.056,
				  618.066,
				  618.076,
				  618.081,
				  618.096,
				  618.201 &
				  618.236
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0206 - Weights and Measures Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The weights and measures requirements as to methods of sale of
				all food and nonfood commodities shall be the requirements adopted by the
				National Conference on Weights and Measures, as published by the United States
				Department of Commerce in its NIST (National Institute of Standards and
				Technology) Handbook 130 2009 Edition, entitled "Uniform Regulation for the
				Method of Sale of Commodities."
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 561, 618 & 621
Stats. Implemented: ORS
				  618.016,
				  618.031,
				  618.066,
				  618.201,
				  618.206,
				  618.226,
				  618.236,
				  618.241 &
				  618.246
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0220 - Exceptions to the National Institute of Standards and Technology Handbook 130 (2009 Edition)

Current through Register Vol. 63, No. 7, July 1, 2024
The following exceptions and amendments are made to said
				handbook identified in OAR 603-027-206 Method of Sale of Commodities:
(1) Ready-to-Eat Food Definition. Change
			 Section 1.12.1. Definition to read as follows: "'Ready-to-Eat Food' is
			 restaurant-style food offered or exposed for sale without additional cooking or
			 preparation, whether in restaurants, supermarkets, or similar food service
			 establishments, packaged on the premises for convenience and presentation, and
			 that is ready for consumption, though not necessarily on the premises where
			 sold. Ready-to-Eat Food does not include sliced luncheon products, such as
			 meat, poultry, or cheese when sold separately."
(2) Ready-to-Eat Food Methods of Sale. Change
			 Section 1.12.2. Methods of Sale to read as follows: "Ready-to-Eat Food sold
			 from bulk, or in servings packed on the premises, may be sold by weight,
			 measure, or count (count includes servings) provided that:
(a) When Ready-to-Eat Foods are sold by count
			 or measure, when such methods of sale are not customary, they shall be offered
			 for sale by count or measure in areas of the establishment where customers
			 would expect to find Ready-to-Eat Foods (e.g. Deli Section, Produce Section,
			 etc.); and
(b) When Ready-to-Eat
			 Foods are offered for sale near similar products packaged off of the premises,
			 the Ready-to-Eat Foods shall be sold by the same method of sale as similar
			 products."
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0370 - Sawdust, Barkdust, Decorative Wood Particles, and Similar Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule, "Unit" means a standard volume equal to 200 cubic feet.
(2) Method of Sale. Quantity representations
			 for sawdust, barkdust, decorative wood particles, and similar loose bulk
			 materials when advertised, offered for sale, or sold within the state shall be
			 in terms of cubic measure or units and fractions thereof.
Stat. Auth.: ORS
				  561.190 & ORS
				  618.136 - ORS
				  618.246
Stats. Implemented: ORS
				  561.190 & ORS
				  618.136 - ORS
				  618.246
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0395 - Liquefied Petroleum Gas (LPG)

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 As used in this rule, "Liquefied Petroleum Gas," "LP Gas," or "LPG" means a
			 petroleum product composed predominantly of any of the hydrocarbons propane,
			 propylene, butane (normal or iso), butylene, or mixtures thereof, maintained in
			 the liquid state.
(2) Method of
			 Sale. Liquefied petroleum gas shall be sold by weight or liquid measure
			 determined from legal devices as provided in ORS
			 618.121 and
			 618.141. Customer charges for LP
			 gas purchased at retail shall be computed only on the basis of the net weight
			 or liquid measure received by the purchaser but may, for deliveries of two
			 gallons or eight pounds or less, include an additional "bottle filling service
			 charge" if the retailer so chooses and has clearly disclosed the use of the
			 additional service charge. "Clearly disclosed" for bottle filling service
			 charge means that both:
(a) The additional
			 dollar amount for the filling charge; and
(b) The conditions under which the additional
			 bottle filling service charge applies, are displayed by the retailer in a clear
			 and conspicuous manner on both the dispensing device and on all signs
			 advertising the price of LP-gas at that site. Minimum transaction charges based
			 solely on the size of the customer's LP-gas container or set at flat or fixed
			 dollar amounts without regard to the actual quantity of LP-gas remaining in or
			 delivered by the retailer into the customer's container(s) are
			 prohibited.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0397 - Hydrocarbon Gas Vapor-Measuring Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule, "Hydrocarbon Gas"
			 means propane, propylene, butanes, butylenes and any other hydrocarbon gas/air
			 mix maintained in a vapor state.
(2) Method of Sale. Hydrocarbon gas shall be
			 offered, exposed for sale, and sold by metered cubic foot or cubic meter of
			 vapor defined as 1 cubic foot at 60°F or 1 cubic meter at 15°C
			 determined from legal-for-trade hydrocarbon gas vapor-measuring devices as
			 provided in ORS 618.121 and ORS
			 618.141. Any charges or custody
			 transfer of hydrocarbon gas shall be determined by a legal-for-trade, licensed
			 hydrocarbon gas vapor-measuring device.
(3) Retention of Customer Invoices. Any
			 person engaging in the sale of hydrocarbon gas vapor shall retain a record of:
(a) Each individual hydrocarbon gas
			 vapor-measuring device billing invoice; and
(b) The applicable rate schedule for a period
			 of not less than 12 months and shall make them available at reasonable times
			 for inspection and copying by the customer and the Measurement Standards
			 Division.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0400 - Liquid Fuels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule, "Liquid Fuel" means any predominately hydrocarbon compound or mixture for
			 use as engine or heating fuel that exists as a noncorrosive liquid at
			 atmospheric pressure, including, but not limited to, gasoline, tractor fuel,
			 kerosene, jet fuel, diesel, and heating oil.
(2) Method of Sale.
(a) Liquid fuel shall be sold by weight or
			 liquid measure determined from legal devices as provided in ORS
			 618.121 and
			 618.141. Use of tank gaging
			 methods that include sticks, rods, markers, or other volume-measuring elements
			 not permanently attached or sealed to such tanks is prohibited for purposes of
			 product sale or transfer of ownership for tanks or tank compartments with
			 capacities of 10,500 gallons (250 Bbl.) or less.
(b) The use of automatic temperature
			 compensation with vehicle tank meter systems is prohibited.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0420 - Standard Fuel Specifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Gasoline and Gasoline-Oxygenate Blends, as defined in this regulation, shall
			 meet the following requirements:
(a) The ASTM
			 D4814, "Standard Specification for Automotive Spark-Ignition Engine Fuel"
			 (D4814) except that volatility standards for unleaded gasoline blended with
			 ethanol shall not be more restrictive than those adopted under the rules,
			 regulations, and Clean Air Act waivers of the U.S. Environmental Protection
			 Agency (EPA) (which includes those promulgated by Oregon and Federally approved
			 State Implementation Plans (SIP's)). Gasoline blended with ethanol shall be
			 blended under any of the following three options:
(A) the base gasoline used in such blends
			 shall meet the requirements of D4814; or
(B) the blend shall meet the requirements of
			 D4814; or
(C) the base gasoline
			 used in such blends shall meet all the requirements of D4814 except
			 distillation, and the blend shall meet the distillation requirements of the
			 D4814 specification.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0430 - Classification and Method of Sale of Petroleum Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Considerations:
(a) Documentation.
(A) When gasoline; gasoline-oxygenate blends;
			 reformulated gasoline; M85 and M100 fuel methanol: E85 and E100 fuel ethanol;
			 B100 biodiesel and biodiesel blends; biomass-based diesel and biomass-based
			 diesel blends; diesel fuel; winter or winterized diesel fuel; premium diesel
			 fuel; or aviation gasoline are sold, an invoice, bill of lading, shipping paper
			 or other documentation, must accompany each delivery other than a sale by a
			 retail or nonretail dealer. This document must identify the:
(i) Quantity,
(ii) The name of the product,
(iii) The particular grade of the
			 product,
(iv) The word "Winter" or
			 "Winterized" diesel if applicable,
(v) The word "Premium" diesel if
			 applicable,
(vi) The volume percent
			 biodiesel and biomass-based diesel used to meet requirements in
			 603-027-0420(12),
(vii) The
			 applicable automotive fuel rating,
(viii) The name and address of the seller and
			 buyer,
(ix) The date and time of
			 the sale,
(x) For
			 gasoline-oxygenate and gasoline-alcohol blends which contain more than 1.5 mass
			 percent oxygen, the documentation shall state the oxygenate type and oxygenate
			 content, in volume percent, to the nearest 0.5 volume percent, and
(xi) For non-ethanol blended gasoline the
			 documentation shall state that the gasoline is non- ethanol blended.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0440 - Storage Tanks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Water in Motor
			 Vehicle Fuel Storage:
(a) Water in
			 Gasoline-Alcohol Blends, Biodiesel, Biodiesel Blends, E85 Fuel Ethanol, M85
			 Fuel Methanol, and Aviation Gas. No water or water-alcohol phase greater than
			 six millimeters (1/4 in) as determined by an appropriate detection paste is
			 allowed to accumulate in any tank utilized in the storage of gasoline-alcohol
			 blend, biodiesel, biodiesel blends, E85 fuel ethanol, M85 fuel methanol, and
			 aviation fuel.
(b) Water in
			 Gasoline, Diesel, Biomass-Based Diesel, Biomass-Based Diesel Blends,
			 Gasoline-Ether, and Other Fuels. Water phase shall not exceed 25 mm (1 inch) in
			 depth when measured with water indicating paste in any tank utilized in the
			 storage of diesel, biomass-based diesel, biomass-based diesel blends, gasoline,
			 gasoline-ether blends at retail or nonretail except as required in OAR
			 603-027-0440(1)(a).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0450 - Official Sampling Procedures; Inspections and Recordkeeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Official samples
			 of motor vehicle fuel for testing shall be obtained by the Director or the
			 Director's designate from:
(a) The same
			 dispensing device used for sales to customers;
(b) Any bulk facility;
(c) Any transporter of motor vehicle
			 fuels.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0460 - Test Methods and Reproducibility Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Test Methods.
(a) The ASTM Standard Test Methods referenced
			 for use within the applicable Standard Specification shall be used for
			 enforcement purposes.
(b) Premium
			 Diesel. The following test methods shall be used to determine compliance with
			 the premium diesel parameters:
(A) Cetane
			 Number -- ASTM D 613,
(B) Low
			 Temperature Operability -- ASTM D 4539 or ASTM D 2500 (according to marketing
			 claim),
(C) Thermal Stability --
			 ASTM D 6468 (180 minutes, 150 0C), and
(D) Lubricity -- ASTM D 6079.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0470 - Embargo of Product

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Stop
			 Use Order, Hold Order or Removal Order:
(a)
			 The Director may issue a Stop Use Order, Hold Order, or Removal Order for any
			 motor vehicle fuel which fails to meet the requirements of OAR 603-027-0420
			 through 603-027-0460;
(b) A Stop
			 Use Order, Hold Order or Removal Order may be affixed by the Director or the
			 Director's designate to dispensing devices and storage devices containing the
			 motor vehicle fuel ordered off sale:
(A) The
			 Stop Use Order, Hold Order or Removal Order shall be attached to the storage
			 tank fill cap and dispenser where the motor vehicle fuel is stored and
			 dispensed;
(B) The Stop Use Order,
			 Hold Order or Removal Order shall contain the following information:
(i) A notice that the motor vehicle fuel has
			 been prohibited from sale or use;
(ii) A notice that the motor vehicle fuel is
			 not to be disposed of without authorization from a Department official;
(iii) Location of the motor
			 vehicle fuel;
(iv) Identification
			 of the motor vehicle fuel;
(v)
			 Brand name;
(vi) Number and type of
			 containers;
(vii) Marked
			 contents;
(viii) Other
			 identification;
(ix) Violation;
(x) Name of official;
(xi) Date.
(c) Any motor vehicle fuel which has been
			 ordered off sale shall not be exposed for sale except under the following
			 circumstances:
(A) The bulk facility,
			 wholesale dealer, retail dealer, or nonretail dealer may be authorized to sell
			 the motor vehicle fuel provided:
(i) It can
			 be brought up to represented quality;
(ii) It can be brought up to ASTM
			 specifications.
(B) The
			 Director or the Director's designate may approve of any disposition of an
			 off-sale commodity provided the disposition is not in conflict with ORS
			 646.947, ORS
			 646.949, ORS 646.953and OAR
			 603-027-0420 through 603-027-0440;
(C) Any disposition authorized by the
			 Director or the Director's designate shall be recorded on the Stop Use Order,
			 Hold Order or Removal Order.
(D) If
			 the Director or the Director's designate finds that the motor vehicle fuel
			 cannot be brought up to represented quality or meet the specifications pursuant
			 to ORS 646.947, ORS
			 646.949, ORS 646.953and OAR
			 603-027-0420 through 603-027-0440, the Director or the Director's designate
			 shall order the motor vehicle fuel removed by issuance of a Stop Use Order,
			 Hold Order, or Removal Order to the bulk facility, wholesale dealer, retail
			 dealer, or nonretail dealer. The Director or the Director's designate may
			 authorize the motor vehicle fuel to be removed:
(i) To a facility capable of reblending or
			 refining;
(ii) To another area
			 within the state if specifications of that area can be met;
(iii) Outside the state;
(iv) Any disposition authorized by the
			 Director or the Director's designate shall be recorded on the Stop Use Order,
			 Hold Order or Removal Order.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0480 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions set forth in OAR 603-027-0410
				Definitions, the following shall apply:
(1) "Civil Penalty Assessment Notice" (CPAN)
			 shall be an order in a contested case for the purpose of judicial review and
			 means a document which informs a person of the existence of a violation and the
			 assessment of a civil penalty amount as provided for in
Table 2
of
			 OAR 603-027-0490(9). This document may be served by registered mail, certified
			 mail, or in person.
(2)
			 "Enforcement" means any documented action taken to address a
			 violation.
(3) "Gravity" means
			 grave consequences, seriousness or importance of a violation.
(4) "Impact" means the financial impact on
			 consumers and dealers.
(5)
			 "Intentional" means any violation where the department has documented evidence
			 that the respondent acted with the conscious objective to cause the result or
			 engaged in the conduct described in these regulations.
(6) "Magnitude of Violation" means the
			 seriousness of a violation with respect to how it is categorized by the
			 department. The violations shall be categorized as either Gravity 1: Minor
			 violations; Gravity 2: Moderate violations; Gravity 3: Major violations.
(a) Gravity 1 means the act was
			 unintentional, not negligent and the impact was small or absent;
(b) Gravity 2 means the act was
			 unintentional, not negligent and the impact was large;
(c) Gravity 3 means the act was intentional,
			 negligent and the impact was large.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0490 - Enforcement Proceedings; Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consolidation of Proceedings:
			 Notwithstanding that each and every violation of any provision of ORS
			 646.947,
			 646.949 or
			 646.953, rules adopted under ORS
			 646.957 or orders issued under
			 ORS 646.953 is a separate and
			 distinct act and in cases of continuing violations, each day's continuance is a
			 separate and distinct violation, proceedings for a Stop Use, Hold and/or
			 Removal Order, or for the assessment of civil penalties arising from the same
			 conduct or failure to act may be consolidated into a single
			 proceeding.
(2) The Director or the
			 Director's designate shall prescribe a reasonable time for the elimination of
			 the violation prior to imposing a civil penalty, except that if a party fails
			 to abide by the terms of any Stop Use, Hold and/or Removal Order, the Director
			 or the Director's designate may immediately impose a civil penalty in addition
			 to any other remedies provided by law.
(3) Violations occurring after the time
			 prescribed for the elimination of the violation shall be considered repeat
			 violations.
(4) Civil penalties
			 shall be due and payable when the person incurring the penalty receives a Civil
			 Penalty Assessment Notice in writing from the Director or the Director's
			 designate.
(5) A Civil Penalty
			 Assessment Notice, Stop Use Order, Hold Order and/or Removal Order shall be in
			 writing. In addition to the posting providing for by OAR 603-207-0470 for Stop
			 Use, Hold and Removal Orders, these documents shall be served on the owner or
			 operator of the facility by registered mail, certified mail, or in person. The
			 notice shall include, but not be limited to:
(a) A reference to the particular section of
			 the statute and/or administrative rule involved and;
(b) A short and plain statement of the
			 matters asserted or charged;
(c) A
			 statement of the amount of the penalty or penalties imposed, if any;
(d) A statement of the person's right to
			 request a hearing if such request is made within ten days of mailing of the
			 notice and an explanation of how a hearing may be requested;
(e) A statement that the notice becomes a
			 final order unless the person upon whom the Stop Use, Hold and/or Removal
			 Order, and /or civil penalty is assessed makes a written request for a hearing
			 within ten days from the date of the mailing of the notice.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0630 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 603-027-0635 and 603-027-0640 shall apply to weighing and
				measuring instruments and devices within Oregon as follows:
(1) To commercial weighing and measuring
			 equipment; that is, to weights and measures and weighing and measuring devices
			 commercially used or employed in establishing the size, quantity, extent, area,
			 or measurement of quantities, things, vehicles, produce, or articles for
			 distribution or consumption, purchases, offered or for sale, hire, or award, or
			 in computing any basic charge or payment for services rendered on the basis of
			 weight or measure, or in determining weight or measure when a charge is made
			 for such determination.
(2) To any
			 accessory attached to or used in connection with a commercial weighing or
			 measuring device when such accessory is so designed that its operation affects
			 the accuracy of the device.
(3) To
			 weighing and measuring equipment in official use for the collection of
			 statistical information by government agencies.
Stat. Auth.: ORS
				  561.190 & ORS
				  618.136 - ORS
				  618.246
Stats. Implemented: ORS
				  561.190 & ORS
				  618.136 - ORS
				  618.246
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0635 - Adoption of the National Institute of Standards and Technology Handbook 44

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 603-027-0640, the specifications,
				tolerances, and other technical requirements for the design, manufacture,
				installation, performance test, and use of weighing and measuring equipment
				within Oregon shall be those adopted by the National Conference on Weights and
				Measures, and contained in the 2010 Edition of Handbook 44, published by the
				U.S. Department of Commerce, entitled the "National Institute of Standards and
				Technology Handbook 44-Specifications, Tolerances, and Other Technical
				Requirements for Weighing and Measuring Devices", which publication is by this
				reference hereby made a part of this rule.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 561 & 618
Stats. Implemented: ORS
				  618.016,
				  618.031,
				  618.051,
				  618.056,
				  618.066,
				  618.076,
				  618.081,
				  618.086,
				  618.096,
				  618.115,
				  618.151&618.275
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0640 - Exceptions to the National Institute of Standards and Technology Handbook 44

Current through Register Vol. 63, No. 7, July 1, 2024
The following exceptions and amendments are made to said
				handbook identified in OAR 603-027-0635:
(1) General Code: Section G-UR. User
			 Requirements. In the last sentence of subsection G-UR.4.1 "Maintenance of
			 Equipment", change "device user" to "device owner or operator".
(2) Scale Code:
(a) Section UR.3. User Requirements. At the
			 end of subsection UR.3.3 "Single-Draft Vehicle Weighing", of the Scale Code in
			 said handbook, add a new paragraph (c): "(c) The requirements of this rule
			 apply only to new or used vehicle scales installed after August 13,
			 1975."
(b) Section UR.3. User
			 Requirements. At the end of subsection UR.3.7.(a) add "and domestic solid
			 waste".
(c) Add a new subsection
			 UR.3.3.1. "Multiple-Draft Vehicle Weighing," to the Scale Code in said
			 handbook: "UR.3.3.1. Multiple Draft Vehicle Weighing." A vehicle scale
			 installed and in use for weighing highway vehicles prior to August 13, 1975,
			 may, at its then existing location, continue to be used for commercially
			 weighing a highway vehicle or a coupled highway vehicle in multiple-draft
			 rather than a single draft if:
(A) The vendor
			 and vendee to the weighing transaction or an agent of either with written
			 authority to consent to the transaction, agree in writing to a multiple-draft
			 weight determination and provide written disclosure of the multiple-draft
			 weight determination for the information of third parties to the weighing
			 transaction, in a manner prescribed by the Department;
(B) At least one of the approaches to such a
			 scale is straight, level and in the same plane as the scale platform and the
			 weight determination is made using that approach; and
(C) The vehicle weight is limited or
			 distributed on the scale platform so as not to exceed the manufacturer's rated
			 sectional capacity for such a scale.
(d) Non-price-computing non-electronic
			 mechanical scales of 50 kilograms (110 pounds) capacity or less that meet other
			 Scale Code design, performance, marking and user requirements are exempt from
			 ACCURACY CLASS MARKING under Section S.5. provided that devices intended for
			 Class III applications excluding retail precious metals and semi-precious gem
			 weighing under Table 7a. of Scale Code Section UR.1.1(a) shall have a minimum
			 of 240 scale divisions.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 27 - SALE BY WEIGHT OR MEASURE › Section 603-027-0650 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
This regulation shall apply to all classes of devices and/or
				equipment as covered in
National Institute of Standards and Technology
				Handbooks 44, 105-1, 105-2,
and
105-3
.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the office of the
				  agency.
Stat. Auth.: ORS 561 & ORS 618
Stats. Implemented: ORS
				  618.156