69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session Enrolled House Bill 2498 Sponsored by Representative WELSH; Representatives CORCORAN, MARKHAM, Senator KINTIGH (at the request of Oregon Fryer Commission) CHAPTER ................ AN ACT Relating to the labeling of fryers; amending ORS 619.350, 619.355, 619.360 and 619.365. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 619.350 is amended to read: 619.350. As used in ORS 619.350 to 619.380, unless the context requires otherwise: (1) 'Commission' means the Oregon Fryer Commission. (2) 'Fryer' means a chicken of any breed or variety, slaughtered under the age of six months, produced for sale for human consumption as a fryer, broiler or fryer-roaster, or the cut-up parts of such a chicken. { - (3) 'Immediate container' means the box, carton, bag, wrapper or other receptacle used by any person in transporting a fryer, or in which a fryer is offered for sale. 'Immediate container' does not include package liners. - } { - (4) 'Label' means the information required by ORS 619.350 to 619.380 to be placed on a fryer or on the immediate container by means of a stamp, stencil or printing by machine, or by attaching to the immediate container, by means of glue or paste, a machine-printed label. - } SECTION 2. ORS 619.355 is amended to read: 619.355. { - (1) Each fryer, or the immediate container in which it is enclosed, which is sold, or displayed, exposed or offered for sale for human consumption in this state shall be conspicuously labeled with a label not less than one inch in height and one and one-half inches in width in legible letters or figures of not less than three-sixteenths of an inch in height, with the words 'grown in (here insert the name of the state in which the fryer was grown).' If the immediate container is made of transparent material, the label may be placed inside the material if it is affixed so that it is easily readable by a consumer or purchaser. If a fryer is not enclosed in an immediate container, the label shall be placed on a tag securely fastened to the fryer. - } { - (2) If fryers are packed in an institutional or bulk pack, for resale in uncooked form, each whole or half fryer in the pack must be individually labeled in the manner provided in subsection (1) of this section, but an institutional or bulk pack of pieces smaller than one-half fryer size, for resale in uncooked form, may be labeled on the outside of the pack with the Enrolled House Bill 2498 (HB 2498-B) Page 1 words 'grown in (here insert the name of the state in which the fryer was grown),' in legible letters or figures not less than three-eighths of an inch in height, plainly visible to the public. - } { - (3) In a meat case display where fryer parts are displayed of less than one-half fryer size, not contained in a container, each display utensil must bear an identification tag or label with the words 'grown in (here insert the name of the state in which the fryer was grown),' in letters not less than three-eighths of an inch in height, plainly visible to the public. - } { + (1) All fryers and fryer parts that are exposed or offered for sale for human consumption in this state and that have been grown in Oregon must be conspicuously identified to the consumer or purchaser as fryers or fryer parts that are Oregon-grown. + } { - (4) - } { + (2) + } The provisions of { - subsections (1) to (3) - } { + subsection (1) + } of this section do not apply to fryers { - which - } { + that + } are { - sold, displayed, - } exposed or offered for sale to ultimate consumers at the farm or ranch where the fryers were produced, if no fryers produced elsewhere are { - sold, displayed, - } exposed or offered for sale to ultimate consumers at the farm or ranch. SECTION 3. ORS 619.365 is amended to read: 619.365. No person, by means of any representation, either verbal, printed or written, { - or by improper use of labels, - } shall willfully represent or pretend that fryers or parts thereof: (1) Were grown by any person, or in any state, other than by the person and in the state where the fryers were in fact grown; or (2) Are fresh, if at any time after slaughter, they have ever been frozen. SECTION 4. ORS 619.360 is amended to read: 619.360. Except as provided in ORS 619.375, and except for a common carrier, no person shall transport any fryer for purposes of sale for human consumption unless the fryer is { - labeled - } { + identified + } as required by ORS 619.355 (1) { - to (3) - } and 619.370. ---------- Passed by House May 22, 1997 Repassed by House June 9, 1997 ........................................................... Chief Clerk of House ........................................................... Speaker of House Passed by Senate June 5, 1997 ........................................................... President of Senate Enrolled House Bill 2498 (HB 2498-B) Page 2 Received by Governor: ......M.,............., 1997 Approved: ......M.,............., 1997 ........................................................... Governor Filed in Office of Secretary of State: ......M.,............., 1997 ........................................................... Secretary of State Enrolled House Bill 2498 (HB 2498-B) Page 3