reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0050 - Health and Husbandry Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pet animals shall be fed a food that is
			 palatable, wholesome, and meets minimal daily nutritional requirements. Ground
			 or kennel surface feeding is not permitted. Feed pans and receptacles shall be
			 washed and sanitized after each feeding. Self feeders will be cleaned and
			 sanitized as often as necessary to prevent molding or deterioration of the
			 contents.
(2) Fresh potable water
			 will be offered at least twice daily and more often if weather conditions
			 warrant. More water is required in hot weather.
(3) Sanitation: Excreta will be removed from
			 runs, cages, pens, daily and more often if necessary. Runs and enclosures will
			 be sanitized once weekly by cleaning and using a safe and effective
			 disinfectant and changing soil or litter as often as it becomes soiled.
			 Premises will be kept clean and free from trash and facilities will be
			 maintained in good order to prevent injury to animals and offer them proper
			 protection against inclement weather.
(4) Sick animals. Pet animals that are
			 quarantined or under treatment for communicable diseases shall be isolated in
			 such place that healthy animals are not exposed.
(5) Importation: In accordance with OAR
			 603-011-0250 through 603-011-0382 and ORS
			 596.341 and other laws or
			 regulations thereunder.
Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS
				  596.020
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0055 - Animals in Transit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pet
			 animals when required to be shipped in crates shall be transported in crates
			 constructed of a smooth, durable material which is easily cleaned and shall:
(a) Have a solid floor which may have a false
			 bottom;
(b) Be so constructed as to
			 provide maximum safety for the particular animal or animals being
			 transported;
(c) Have openings on
			 two sides to assure adequate ventilation;
(d) Crates shall be so constructed that food
			 or water may be put through a small-type door without removing the animal from
			 the crate in order that caretakers may feed and water when required;
(e) Care and feeding instructions should be
			 written out by the shipper and attached to the crate. Other precautions in
			 handling the animal should also be given in case it becomes necessary to move
			 the animal from the crate.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0060 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A record of
			 each sale shall be maintained by the owner or operator of each boarding kennel,
			 commercial kennel, pet shop, animal pound, or animal shelter, for a minimum
			 period of 12 months after date of sale or transfer of a pet animal and shall
			 include the date of sale, age, breed, indication of sex of animal sold, name
			 and address of the purchaser, source, and breeder.
(2) If records of prophylactic medication are
			 used in advertising or are furnished the purchaser or person acquiring a pet
			 animal, specific information regarding type, amount, and date of prophylactic
			 medication shall be kept by the owner or operator of each boarding kennel,
			 commercial kennel, pet shop, animal pound, or animal shelter, and shall become
			 a part of the sales record.
(3)
			 Upon request from the purchaser, such owner or operator of each boarding
			 kennel, commercial kennel, pet shop, animal pound, or animal shelter, or his
			 representative, shall furnish the purchaser with a record as outlined in
			 section (2) of this rule.
Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS
				  596.020
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0065 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Applicable penalties as set forth in ORS
				596.990 apply to any person
				violating the provisions of OAR 603-015-0025 to 603-015-0060
Stat. Auth.: ORS 561 & ORS 596
Stats. Implemented: ORS
				  596.990
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0075 - Intent and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The intent and purpose of OAR 603-015-0075 to 603-015-0110 is
				to ensure that all animal rescue entities comply with record keeping and
				licensing requirements.
Statutory/Other Authority: ORS
				  609.415, 561 & 596
Statutes/Other Implemented: ORS
				  609.415 &
				  609.420
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0080 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-015-0075 to 603-015-0110:
(1) "Department" means the State Department
			 of Agriculture and the Enforcing Agency, which is the office of the State
			 Veterinarian, located within the State Department of Agriculture.
(2) "Animal rescue entity" or "ARE" means any
			 individual or organization-including but not limited to an animal control
			 agency, humane society, animal shelter, animal sanctuary, or boarding kennel
			 not subject to ORS 167.374, but excluding a
			 veterinary facility-that keeps, houses, and maintains in the individual's or
			 organization's legal custody 10 or more animals at any given time and that
			 solicits or accepts donations in any form.
(3) "Foster facility" means a separate
			 location controlled by, but not owned or operated by the animal rescue entity,
			 at which a person has volunteered to maintain physical custody of animals that
			 are within the legal custody of an animal rescue entity. A foster facility with
			 fewer than 10 animals in the legal custody of an animal rescue entity is not
			 considered a separate physical location out of which an animal rescue entity
			 operates.
(4) "Physical location"
			 means either:
(a) a separate location
			 controlled and operated by the animal rescue entity at which any number of
			 animals are maintained in the legal custody of the animal rescue entity;
			 or
(b) a separate location
			 controlled by, but not owned or operated by the animal rescue entity at which
			 10 or more animals are maintained in the legal custody of an animal rescue
			 entity.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0085 - Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 operate in Oregon, each separate physical location out of which an animal
			 rescue entity operates shall obtain and maintain a license from the Department.
			 An animal rescue entity must complete the process laid out in section (2), (3),
			 and (4) of this rule prior to commencing operations within Oregon.
(2) An animal rescue entity shall apply to
			 the Department for the issuance or renewal of a license using the following
			 process:
(a) Obtain a license application from
			 the Department's online services link or by contacting the
			 Department.
(b) Complete the
			 license application in full, including any required attachments or additional
			 information requested and return the completed application to the
			 Department.
(c) For the issuance of
			 a license, schedule an inspection by the Department upon the Department's
			 request under section (3) of this rule.
(d) For the renewal of a license, either
			 schedule an inspection by the Department upon the Department's request under
			 section (3) of this rule or obtain an exemption as per section (7) of this
			 rule.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0090 - Record keeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A record of
			 each animal shall be maintained by the animal rescue entity for the entire time
			 that the animal rescue has legal custody of the animal and for a minimum period
			 of 12 months after date of disposition or transfer of legal custody of the
			 animal.
(2) The record kept by the
			 animal rescue entity shall include:
(a) The
			 date the animal rescue entity obtained legal custody of the animal
(b) The source of the animal including name,
			 street address, and telephone number of the person or entity from whom the
			 animal was obtained;
(c) A
			 description of the animal's appearance and characteristics at intake including
			 all unique identification, present age, sex, species, breed type, weight, and
			 condition of animal;
(d) A
			 photograph of the animal taken within 24 hours of intake;
(e) If applicable, the number of offspring
			 the animal produced while in the legal custody of the animal rescue
			 entity;
(f) Each location where the
			 animal was held while in the legal custody of the animal rescue entity,
			 including the date(s) the animal was held at the location, the physical address
			 of the location, and the name and telephone number of the person or entity
			 responsible for that location.
(g)
			 If applicable, the manner of disposition of the animal including transfer of
			 legal custody to another animal rescue entity or organization, date of
			 disposition, the name, address, and telephone number for any person or entity
			 taking legal custody of an animal;
(h) A record with the animal's microchip or
			 other unique identification;
(i) If
			 applicable, all medications and treatments administered while the animal is in
			 the legal custody of the animal rescue entity, including type, amount, and date
			 of medication administered; and
(j)
			 If applicable, copies of certificates of veterinary inspection, proof of rabies
			 vaccination, and other required documents demonstrating proof that imported
			 animals from out-of-state or from an international source have met Oregon
			 import requirements as per pertinent provisions in ORS chapter 596 and OAR
			 chapter 603, division 011.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0095 - Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 an investigation under this rule is to determine whether the animal rescue
			 entity is subject to or in compliance with the requirements of ORS
			 609.415 and OAR 603-015-0075 to
			 OAR 603-015-0110.
(2) The
			 Department may conduct an inspection of an animal rescue entity at any time
			 during normal business hours. ORS
			 561.275. The Department may
			 request any reports, information, or records from the animal rescue
			 entity.
(3) An animal rescue entity
			 shall allow the Department to inspect reports, information, or records of the
			 animal rescue entity upon request and shall furnish any reports, information,
			 or records requested by the Department. The Department may issue subpoenas to
			 require the production of reports, information, or records. ORS
			 561.279.
(4) The Department may seek and obtain a
			 warrant to conduct an investigation or inspection or obtain reports,
			 information, or records under this rule.
(5) When conducting an investigation or
			 inspection pursuant to this rule, the Department may seize any evidence or
			 report any other violations that it observes or otherwise discovers.
Statutory/Other Authority: ORS
				  609.415, 561 & 596
Statutes/Other Implemented: ORS
				  609.415 &
				  609.420
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0100 - Enforcement Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may take the following enforcement actions against an animal rescue
			 entity, either individually or in combination, and in any order whatsoever:
(a) Issue a notice of violation for any
			 violations under OAR 603-015-0075 to OAR 603-015-0110. Each animal involved and
			 each day of a violation constitutes a separate violation. A plan of correction
			 will accompany a notice of violation. A plan of correction will include the
			 following:
(A) A statement of the actions
			 that must be taken by the animal rescue entity to eliminate the
			 violation.
(B) Requirements for the
			 animal rescue entity to report the completion of specific actions.
(C) A reasonable period of time by which
			 compliance is to be achieved not to exceed 30 business days after service of
			 the notice of violation, or if the violation requires more than 30 days to
			 correct, a period of time contained in a plan of correction acceptable to the
			 Department. If compliance is not achieved within the specified time frame,
			 additional regulatory action may be taken by the Department including but not
			 limited to license revocation, impoundment of animals, a civil penalty, or
			 additional civil penalties.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0105 - Assessing a Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 assessing a civil penalty, the Department shall assess a civil penalty of not
			 more than $500 for each violation against an animal rescue entity for failure
			 to comply with the provisions of ORS
			 609.415 and OAR 603-015-0075 to
			 OAR 603-015-0110.
(2) In
			 determining the amount of a civil penalty to be assessed for a violation, the
			 Department shall consider the degree and extent of harm or risk of harm caused
			 by the violation including factors such as record of previous violations, and
			 the size of the animal rescue entity. The following violation matrix shall be
			 used to determine the base penalty, "B," in the formula set forth in OAR
			 603-015-0110:
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  609.415, 561 & 596
Statutes/Other Implemented: ORS
				  609.415 &
				  609.420
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0110 - Civil Penalty Determination Formula

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will use the following formula to calculate the
				civil penalty assessed: B + [ (0.1 X B) (P + S)], where:
(1) B = Base penalty from matrix: Category 1
			 = $250; Category 2 = $150; Category 3 = $75.
(2) P = Past occurrence of violations within
			 the past 5 years. P will be weighted from 0 to 6 in the following manner: 0 =
			 No prior violations or insufficient evidence on which to base a finding; 1 =
			 Past occurrence of one Category 3 violation; 2 = Past occurrence of one
			 Category 2 violation or two Category 3 violations; 3 = Past occurrence of one
			 Category 1 violation, two Category 2 violations, or three Category 3
			 violations; 4 = Past occurrence of two Category 1 violations, three Category 2
			 violations, or four Category 3 violations; 5 = Past occurrence of three
			 Category 1 violations, four Category 2 violations, or five or more Category 3
			 violations; 6 = Past occurrence of more than three Category 1 violations or
			 five or more Category 2 violations.
(3) S = Size of rescue entity, the number of
			 animals in the entity's legal custody. S will be weighted from 0 to 4 in the
			 following manner: 0 = Small rescue entity (25 or fewer animals); 2 = Medium
			 rescue entity (26 to 100 animals); 4 = Large rescue entity (greater than 100
			 animals).
Statutory/Other Authority: ORS
				  609.415, 561 & 596
Statutes/Other Implemented: ORS
				  609.415 &
				  609.420
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0500 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				609.335(3) and
				in OAR 603-011-0705 to 603-011-0725, unless the context requires
				otherwise:
(1) "Exotic animal" has the
			 meaning given by ORS 609.305.
(2) "Facility" means the cage(s),
			 compound(s), room(s), building(s), or other premises specified in a Permit in
			 which the exotic animal(s) is/are to be confined or maintained.
(3) "Keep" does not include the temporary
			 holding of an exotic animal at an animal shelter operated by a city or county,
			 or the immediate transportation of an abandoned, neglected or abused exotic
			 animal to such a Facility.
(4)
			 "Permit" means a document issued by the Department which authorizes (subject to
			 other laws) the Permittee to keep one or more specified exotic animals in
			 captivity at a Facility for a stated period of time.
(5) "Permittee" means the person authorized
			 by a Permit to keep an identified species of exotic animal.
(6) "Species" means the class of an exotic
			 feline, non-human primate, exotic canine,or any exotic bear or any
			 crocodilian.
(7) "Hybrid" means any
			 animal that is produced by crossing at least one exotic animal with any other
			 species of subspecies.
(8)
			 "Domestic animal" means domestic cat (Felis catus), domestic dog (Canis
			 familiaris) and does not include livestock as defined in ORS
			 607.125
Statutory/Other Authority: ORS 561 & 609
Statutes/Other Implemented: 609.335 & ORS
				  609.305
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0505 - Hybrid Crossed Animals

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR 603-011-0705-603-011-0725, any hybrid
				animal that is produced by crossing a domestic animal and an exotic animal
				shall be regulated according to the laws governing domestic animals and not
				subject to exotic animal permit by the Department.
Statutory/Other Authority: ORS 561 & 609
Statutes/Other Implemented: 609.335 & ORS
				  609.305
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0510 - Permit Application, Issuance, and Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person intending to keep an exotic
			 animal in captivity shall before acquiring the animal, apply to the Department
			 for the issuance of a Permit by submitting an application therefore to the
			 Animal Health Division of the Department at its address of Agriculture
			 Building, 635 Capitol Street N.E., Salem, OR 97301, accompanied by a permit
			 fee. Holders of a valid license or registration from the U.S. Department of
			 Agriculture under the federal Animal Welfare Act of 1970, or holders of a valid
			 permit from the Oregon Department of Fish and Wildlife to operate a wildlife
			 rehabilitation facility are not subject to OAR 603-011-0700 through
			 603-011-0725, including the requirement to obtain a Permit from the Department.
			 Permit fees shall be:
(a) $100 for Class 1 and
			 2 felines, Class 1 and 2 primates, bears and Class 1 canines;
(b) $75 for crocodilians;
(c) $50 for all other exotic animal
			 classes.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0515 - Crocodilians - Special Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Animal Classification:
(a) Exotic crocodilians include all
			 individuals of the order Crocodylia including but not limited to American
			 Alligators and Crocodile Hybrids.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0520 - Felines - Special Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Animal Classification:
(a) Class 1 exotic
			 felines shall include all individuals of the genus Panthera, including lions,
			 tigers, leopards, snow leopards, jaguars; ligers or any other hybrids of genus
			 Panthera; and individuals of any other non-indigenous feline species not listed
			 in Class 1 or Class 2 that weigh 100 pounds or more when fully
			 mature;
(b) Class 2 exotic felines
			 shall include cheetahs, clouded leopards, and individuals of any other
			 non-indigenous felines not listed in Class 3 that weigh more than 50 pounds but
			 less than 100 pounds when fully mature; and
(c) Class 3 exotic felines shall include wild
			 cat, jungle cat, desert cat, sand cat, black-footed cat, Pallas's cat, caracal,
			 serval, marbled cat, golden cat, leopard cat, rusty-spotted cat, fishing cat,
			 flat-headed cat, iriomote cat, pampas cat, ocelot, margay, Geoffroy's cat,
			 kodkod, mountain cat, jaguarundi, caucasus cat, and other such species of small
			 exotic cats that weigh 50 pounds or less when fully mature.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0530 - Non-Human Primates - Special Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Animal Classification:
(a) Class 1 non-human primates shall be all
			 great apes and larger primates of infraorder Catarrhini, including but not
			 limited to gorillas, chimpanzees, orangutans, baboons, and gibbons;
(b) Class 2 non-human primates shall be all
			 old-world monkeys of infraorder Catarrhini, including but not limited to
			 macaques of all subclassifications (pig-tailed, rhesus, Japanese, cynomolgus,
			 crab-eating, long-tailed, java, Barbary, and any other macaques), all guenons
			 (African Green monkey grouping), patas monkeys, and mangabeys; and
(c) Class 3 non-human primates shall include
			 all old-world primates of the suborder Prosimii (prosimians) and all new-world
			 monkeys of infraorder Platyrhini, including but not limited to squirrel monkeys
			 and all other Saimiri species, spider monkeys and all other Ateles species,
			 capuchins and all other Cebus species, marmosets and tamarinds of all
			 subclassifications, owl monkeys, howler monkeys, and wooley
			 monkeys.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 15 - CARE OF PET AND CAPTIVE ANIMALS › Section 603-015-0535 - Exotic Canines - Special Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Animal Classification:
(a) Class 1 exotic canines shall include any
			 non-indigenous, non wolf canine whose weight is 50 pounds or more;
			 and
(b) Class 2 exotic canines
			 shall include all non-indigenous canines whose weight is less than 50
			 pounds.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 17 - REFRIGERATED LOCKERS › Section 603-017-0010 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to authority vested in the Department of Agriculture
				under ORS 628.350, the following rules and
				regulation for the purpose of OAR 603-025-0020 to 603-025-0050 are for the
				purpose of regulating and licensing the operation of refrigerated locker
				plants.
Stat. Auth.: ORS 628
Stats. Implemented: ORS
				  628.350
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 17 - REFRIGERATED LOCKERS › Section 603-017-0020 - Recording Thermometer

Current through Register Vol. 63, No. 7, July 1, 2024
Recording thermometer shall be of the electric self-starting
				type enclosed in a moisture-proof case, permanently fastened to the substantial
				wall in vestibule or waiting room, five feet from the floor so that the
				recording chart is visible at all times. Instrument must be kept locked at all
				times except for changing the dial, inking, or repairing.
Stat. Auth.: ORS 628
Stats. Implemented: ORS
				  628.350
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 17 - REFRIGERATED LOCKERS › Section 603-017-0030 - Sensitive Bulb

Current through Register Vol. 63, No. 7, July 1, 2024
The sensitive bulb shall be located in the locker room not less
				than eight feet from any door or blower, not less than 15 inches from any wall,
				not less than 30 inches from any plates or coils, and at least 12 inches from
				the ceiling. The bulb shall not be directly in front of any door or
				blower.
Stat. Auth.: ORS 628
Stats. Implemented: ORS
				  628.350
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 17 - REFRIGERATED LOCKERS › Section 603-017-0040 - Chart

Current through Register Vol. 63, No. 7, July 1, 2024
The chart shall make one complete revolution in seven days,
				shall be graduated hourly and daily and must be not less than 10 inches in
				diameter.
(1) Lowest temperature
			 reading must be on the outer edge of the chart.
(2) Accuracy. Zero shall be within one degree
			 plus or minus.
(3) Charts must be
			 changed each week, properly dated, signed by Plant Manager, and be made
			 available for inspection for at least one year.
Stat. Auth.: ORS 628
Stats. Implemented: ORS
				  628.350
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 17 - REFRIGERATED LOCKERS › Section 603-017-0050 - Chart Rotating Device

Current through Register Vol. 63, No. 7, July 1, 2024
Chart rotating device shall be fitted with perforating pins
				preventing rotation except by means of the electric clock in the
				case.
Stat. Auth.: ORS 628
Stats. Implemented: ORS
				  628.350
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 17 - REFRIGERATED LOCKERS › Section 603-017-0100 - Refrigerated Locker Plant License Fees and Categories

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS
				628.220, no person shall engage
				within this state in business of owning or operating any refrigerated locker
				plant or offering the services of such plant without having obtained from the
				department a license for each such place of business. The annual license fees
				for refrigerated locker plants, as provided for in ORS
				628.240, are as follows.
(1) Refrigerated locker plant - yearly fee:
			 $118
(2) Refrigerated locker plant
			 - half yearly fee: $59
Statutory/Other Authority: ORS 561, ORS 616 & ORS
				  628
Statutes/Other Implemented: ORS
				  616.706, OL 2021, Ch. 564 &
				  ORS 628.240
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 17 - REFRIGERATED LOCKERS › Section 603-017-0110 - New License Fees; Refrigerated Locker Plant 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. If a new license payment is not received within 14
			 calendar days of the initial approval inspection, 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 amount 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 17 - REFRIGERATED LOCKERS › Section 603-017-0900 - 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,
				  628.350,
				  628.995
Stat. Implemented: ORS
				  628.995
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 17 - REFRIGERATED LOCKERS › Section 603-017-0910 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-017-0920 through 603-017-0930, 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
			 628.210 to
			 628.370 or any rule adopted
			 thereunder.
Stat. Auth.: ORS
				  561.190,
				  628.350,
				  628.995
Stat. Implemented: ORS
				  628.995
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 17 - REFRIGERATED LOCKERS › Section 603-017-0920 - Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any penalty available under ORS
				561.190 or
				628.990, the Department may
				impose a civil penalty with respective amounts for:
(1) Owning, operating, or offering the
			 services of any refrigerated locker plant without obtaining a license as
			 explained in ORS 628.220 for each place of
			 business from the Department. Penalty - $5,000 to $10,000.
(2) Failure to conspicuously display the
			 license in the licensed plant at all times pursuant to ORS
			 628.220. Penalty -
			 $100.
(3) Operating a refrigerated
			 locker business at any address other than the address stated in the application
			 submitted pursuant to ORS
			 628.230. Penalties:
(a) Minor - $100 to $3,500;
(b) Moderate - $3,501 to $7,000; or
(c) Major - $7,001 to $10,000.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 17 - REFRIGERATED LOCKERS › Section 603-017-0930 - 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
			 628.995, 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 refrigerated locker plants.
(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 18 - RULES FOR EGG-LAYING HENS HOUSED IN CAGES › Section 603-018-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR 603-018-0005 to 603-018-0025:
(1) "Commercial egg-laying farm" means any
			 commercial farm as defined in Oregon Laws 2011 Chapter 436 that has caged
			 egg-laying hens at any one location or in multiple locations.
(2) "Director" means the Director of the
			 Oregon Department of Agriculture or the Director's authorized deputies or
			 officers.
(3) "Distribute" means to
			 import, consign, sell, offer for sale, barter, exchange or otherwise facilitate
			 the supplying of eggs or egg products into or within Oregon.
(4) "Distributor" means the first person that
			 distributes egg or egg products into or within Oregon.
(5) "Enforcement" means any documented action
			 taken by the department to address a violation.
(6) "Person" includes individuals,
			 corporations, associations, firms, partnerships, limited liability companies
			 and joint stock companies.
(7)
			 "Sell" or "Sale" means to sell, offer for sale, expose for sale, or have in
			 possession for sale.
(8)
			 "Violation" is an act or omission that does not comply with a provision of
			 Oregon Laws 2011 Chapter 436 or the administrative rules developed
			 thereunder.
(9) "House Average"
			 means a method of determining space allowance for hens by taking the total
			 square inches of cage floor space within a layer house, divided by the number
			 of hens in that house at the time of housing.
Statutory/Other Authority: ORS
				  632.840
Statutes/Other Implemented: ORS
				  632.835 -
				  632.850
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 18 - RULES FOR EGG-LAYING HENS HOUSED IN CAGES › Section 603-018-0005 - Cage-Free Housing System Standards for Egg Laying Hens

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is prohibited to confine egg-laying
			 hens to enclosures including battery cages, enriched colony cages, or other
			 confinement systems that significantly restrict the hen's ability to stand,
			 roam, perch, scratch, dust-bathe, nest, or otherwise exhibit her natural
			 behaviors on commercial egg producing farms except;
(a) during medical research; or
(b) during an examination, a test, an
			 individual treatment or an operation conducted for veterinary purposes;
			 or
(c) during transportation or
			 depopulation operations, if the confinement does not exceed seven days in any
			 18-month period; or
(d) during a
			 rodeo exhibition, state or county fair exhibition, 4-H program exhibition or
			 similar exhibition; or
(e) during
			 the slaughter of the egg-laying hen in accordance with applicable laws and
			 rules; or
(f) on a temporary basis
			 for animal husbandry purposes, if the confinement does not exceed six hours in
			 any 24-hour period or exceed 24 hours in any 30-day period.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 18 - RULES FOR EGG-LAYING HENS HOUSED IN CAGES › Section 603-018-0010 - Standards for the Production and Distribution of Eggs and Egg Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 not buy, sell, offer to buy or sell, transport or offer to transport, or accept
			 receipt of eggs or egg products that the person knows, or reasonably should
			 know are non-compliant eggs.
(2)
			 Notwithstanding subsection (1) of this section, an official plant may receive
			 non-compliant eggs at the physical location of the plant. All subsequent
			 deliveries of eggs or egg products from the official plant to locations in
			 Oregon shall comply with subsection (1).
(3) This section does not prohibit the
			 transshipment of non-compliant eggs through Oregon provided they either enter
			 the state or originate at an official plant and either exit the state or are
			 delivered to an official plant without further processing or
			 repackaging.
(4) Eggs and egg
			 products distributed in bulk into this state must either be:
(a) certified as compliant eggs on the
			 product packaging, or
(b)
			 accompanied by an invoice or similar product transfer document certifying that
			 all eggs or egg-products delivered are compliant eggs.
NOTE: The design of a compliant egg label is not specified in
				this rule. Acceptable labels include but are not limited to producer specific
				cage-free marketing logos, cage-free certification logos authorized by third
				party certification organizations, etc. provided the certification requirements
				of the program meet the standards of this rule.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 18 - RULES FOR EGG-LAYING HENS HOUSED IN CAGES › Section 603-018-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  632.840
Stats. Implemented: ORS
				  632.835 -
				  632.850
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 18 - RULES FOR EGG-LAYING HENS HOUSED IN CAGES › Section 603-018-0020 - Department Access, Inspections, Subpoena Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized
			 by ORS 561.275, the State Department of
			 Agriculture shall have access at reasonable times to records, premises,
			 materials or conveyances as necessary for the purpose of administering and
			 enforcing Oregon Laws 2011 Chapter 436 and rules adopted thereunder.
(2) As authorized by ORS
			 632.840(3), the
			 department shall inspect, at reasonable times, commercial egg-laying farms
			 engaged in the production of eggs for the purpose of enforcing the provisions
			 of ORS 632.835 to
			 632.850. As authorized by ORS
			 632.840(4), the
			 department may assess and collect the following expenses associated with
			 inspection:
(a) A fee of $106 per hour for
			 inspection time, rounded to the nearest 30 minute interval ($53);
(b) Mileage expense using the prevailing full
			 GSA vehicle mileage rate, if the inspector is not already in the general
			 vicinity of the commercial egg-laying farm as part of their normal business
			 duties and mileage is required for the sole purpose of the commercial
			 egg-laying farm inspection;
(c) The
			 prevailing Oregon meal and lodging per diem rate/expense if overnight travel is
			 required for the sole purpose of the commercial egg-laying farm
			 inspection.
(d) Any biosecurity
			 clothing or supplies, if not supplied by the commercial egg-laying farm being
			 inspected;
(e) Any other expense
			 associated with the inspection of a commercial egg-laying farm that the
			 department deems necessary to carry out the enforcement of ORS
			 632.835 to
			 632.850.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 18 - RULES FOR EGG-LAYING HENS HOUSED IN CAGES › Section 603-018-0025 - Enforcement and Civil Penalties Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 any other penalty provided by law, the Director may assess a civil penalty not
			 to exceed $2,500 for each violation of any provision of Oregon Laws 2011
			 Chapter 436 and rules adopted thereunder.
(2) In addition to a civil penalty or any
			 other penalty provided by law, 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, or other non-civil
			 penalty action as authorized by law and as deemed necessary to attain
			 compliance.
(3) Civil penalties are
			 subject to ORS 183.745 and shall be due and
			 payable ten (10) business days after the order becomes final by operation of
			 law or on appeal.
Statutory/Other Authority: ORS
				  632.840
Statutes/Other Implemented: ORS
				  632.835 -
				  632.850
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 19 - WOLF DEPREDATION COMPENSATION AND FINANCIAL ASSISTANCE GRANT PROGRAM › Section 603-019-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in 603-019-0001 to 603-019-0040, unless the context
				requires otherwise:
(1) "Livestock"
			 means, ratites, horses, mules, jackasses, cattle, llamas, alpacas, sheep,
			 goats, swine, bison, domesticated fowl and any fur-bearing animal bred and
			 maintained commercially, or otherwise, within pens, cages or hutches.
(2) "Working dog" means any animal of the
			 species Canis familiaris used to aid in the herding or guarding of
			 livestock.
(3) "Department" means
			 the State Department of Agriculture.
(4) "Trust Fund" means the Wolf Management
			 Compensation and Proactive Trust Fund
(5) "County Program" means an established
			 county government wolf depredation compensation and financial assistance
			 program meeting all of the requirements established under this rule.
(6) "Attributed to wolf depredation" means a
			 finding by the Oregon Department of Fish and Wildlife (ODF&W) or a
			 designated agent for ODF&W, that wolf depredation was the probable cause of
			 the death or injury.
(7) "Area of
			 known wolf activity" means an area of known wolf activity that is designated as
			 such by the ODF&W.
Statutory/Other Authority: ORS
				  610.150
Statutes/Other Implemented: ORS
				  610.155
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 19 - WOLF DEPREDATION COMPENSATION AND FINANCIAL ASSISTANCE GRANT PROGRAM › Section 603-019-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide criteria and
				procedures for implementation and administration of the Wolf Depredation
				Compensation and Financial Assistance Grant Program. Grant funds will be
				awarded to qualified county programs for;
(a) Compensation to persons who suffer death
			 of or injury to livestock or working dogs that is attributed to wolf
			 depredation as well as compensation for certain missing animals that qualify
			 and/or;
(b) Financial assistance to
			 persons who implement livestock management techniques or nonlethal wolf
			 deterrence techniques designed to discourage wolf/livestock interactions and
			 reduce wolf depredations.
(c)
			 Expenses associated with up to 90% of the implementation of a county program as
			 defined in 603-019-0015(g).
Statutory/Other Authority: ORS
				  610.150
Statutes/Other Implemented: ORS
				  610.155
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 19 - WOLF DEPREDATION COMPENSATION AND FINANCIAL ASSISTANCE GRANT PROGRAM › Section 603-019-0010 - Eligible Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
Eligible applicants are county governments that have
				established an advisory committee and otherwise met the requirements listed in
				OAR 603-019-0015 and are prepared to assess applications from persons who are
				eligible to apply for grant funds from the county.
Statutory/Other Authority: ORS
				  610.150
Statutes/Other Implemented: ORS
				  610.155
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 19 - WOLF DEPREDATION COMPENSATION AND FINANCIAL ASSISTANCE GRANT PROGRAM › Section 603-019-0015 - Standards to Determine Grant Award Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will consider applications
			 for funds from the Trust Fund from county programs that meet the stated purpose
			 of this rule and contain the elements specified in this section.
(2) Grants are subject to available funding
			 in the Trust Fund. A county may qualify for a grant if a county has a county
			 program that meets the following requirements:
(a) A county must establish a county advisory
			 committee to oversee the county program.
(A)
			 Advisory committee membership shall include:
(i) One county commissioner;
(ii) Two members who own or manage livestock;
			 and
(iii) Two members who support
			 wolf conservation or coexistence with wolves.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 19 - WOLF DEPREDATION COMPENSATION AND FINANCIAL ASSISTANCE GRANT PROGRAM › Section 603-019-0020 - Distribution of Grant Funds by County Advisory Committees

Current through Register Vol. 63, No. 7, July 1, 2024
Grant funds received by a county program from the Department
				may only be used to reimburse the following expenses or losses:
(1) Compensation for documented death or
			 injury to livestock and working dogs determined as attributed to wolf
			 depredation.
(2) Compensation for
			 missing livestock or working dogs only when the animals in question became
			 missing from within an area of known wolf activity and the livestock owner or
			 manager has satisfied the requirements described in 603-019-0015.
(3) Compensation for death, injury or missing
			 livestock or working dogs within a known area of wolf activity requires the
			 livestock owner or manager to demonstrate to the county advisory committee,
			 that they implemented best management practices to deter wolves, including
			 reasonable use of nonlethal methods when practicable.
(4) Compensation for the cost of livestock
			 management techniques or nonlethal wolf deterrence techniques designed to limit
			 wolf/livestock interactions and discourage wolf depredation of livestock. These
			 funds must amount to at least 30% of the total grant funds distributed by the
			 Department to a county program.
(5)
			 A county may submit up to 90% of expenses incurred by implementation of a
			 county program meeting the requirements specified in OAR 603-019-0015. The
			 county must make a money contribution equaling at least 10% of the expenses for
			 one calendar year for implementation of a county program.
Statutory/Other Authority: ORS
				  610.150
Statutes/Other Implemented: ORS
				  610.155