68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3344

                         House Bill 3009

Sponsored by Representative WOOTEN


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires retail sellers of fresh fruits and vegetables to post
notice of after-harvest treatment with certain substances.
Requires retailer to provide specific information upon request.

                        A BILL FOR AN ACT
Relating to notice of after-harvest treatment of fresh produce;
  amending ORS 616.350.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 616.350 is amended to read:
  616.350.  { + (1) + } The  { + State + } Department { +  of
Agriculture + }, for the protection of the health and life of
animals or the people of this state, may take measures to
control, limit or prohibit the use or intended use, or the
presence of food additives. It may promulgate rules relating
thereto. Such rules may prescribe for any reason as set forth in
this section, that any food additive is unsafe within the meaning
of ORS 616.235 (1)(b). In promulgating rules under the provisions
of this section the authority of the department includes:
    { - (1) - }   { + (a) + } Providing for an exemption from the
operation of ORS 616.335 to 616.385 of the use or intended use of
a specific food additive.
    { - (2) - }   { + (b) + } Prescribing, with respect to one or
more proposed uses of the food additive involved, the conditions
under which such additive may be safely used including but not
limited to, specifications as to the particular food or classes
of food in or in which such additive may be used, the maximum
quantity which may be used or permitted to remain in or on such
food, the manner in which such additive may be added to or used
in or on such food, and any directions or other labeling or
packaging requirements for such additive deemed necessary to
assure the safety of such use.
    { - (3) - }   { + (c) + } Establishing and prescribing
tolerances, if appropriate, to assure that the proposed use of a
food additive will be safe. The department shall not:
    { - (a) - }   { + (A) + } Fix such tolerance limitation at a
level higher than it finds to be reasonably required to
accomplish the physical or other technical effect for which such
additive is intended.
    { - (b) - }   { + (B) + } Establish a rule for such proposed
use if it finds upon a fair evaluation of the data before it,

that such data does not establish that such use would accomplish
the intended physical or other technical effect.
    { - (4) - }   { + (d) + } Prescribing for the exemption from
the requirements of this section any food additive, and any food
bearing or containing such additive, intended solely for
investigational use by qualified experts when in the opinion of
the department, such exemption is consistent with the public
health.
   { +  (2) In carrying out the provisions of subsection (1) of
this section, the department shall require food establishments
that sell at retail fresh fruits or vegetables which may have
been treated after harvest with biphenyl, CIPC, thiabendazole or
any wax that seals in such treatment:
  (a) To display a conspicuous sign near the place where such
treated fruits or vegetables are offered for sale clearly
stating, in such manner as the department prescribes, that the
fruits or vegetables may have been treated with a substance
described in this subsection.
  (b) To provide to customers, upon request, specific information
regarding the treatment used and specific items treated. + }
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