Chapter 632 — Production, Grading and Labeling Standards for Agricultural and Horticultural Products

 

2013 EDITION

 

AGRICULTURAL AND HORTICULTURAL PRODUCTS

 

FOOD AND OTHER COMMODITIES

 

ONIONS

 

632.206     Definitions for ORS 632.211 to 632.260

 

632.211     Establishment of grades and standards; grading and inspection fee

 

632.216     Certificate of grade required before sale or transportation of onions; exceptions

 

632.221     Only one inspection of each load or lot

 

632.226     Labeling

 

632.231     Sale of unlabeled onions

 

632.236     Transportation of unlabeled onions

 

632.246     Seizure of unlawful onions

 

632.251     Access to premises or vehicle for inspection purposes

 

632.260     Defendant in prosecution to plead any exemption

 

REGISTRATION AND USE OF TRADEMARK FOR CONTAINERS, EQUIPMENT AND SUPPLIES

 

632.275     Filing trademark for containers, equipment and supplies for fruit and vegetables

 

632.280     Unlawful use of, or traffic in, name or mark as presumptive evidence

 

632.285     Security for return not a sale

 

632.290     Acquiring of marked containers, supplies and equipment

 

PACKING AND LABELING OF HORTICULTURAL PRODUCTS

 

632.450     Definitions for ORS 632.450 to 632.485

 

632.455     Labeling container of horticultural products

 

632.460     Establishment of grades, branding and packing requirements; rules

 

632.465     Used packages or containers

 

632.470     False representations as to raising, production or packing

 

632.475     Possession of unlabeled, falsely labeled or deceptively packed products

 

632.480     Shipment or sale of deceptive pack, load or display prohibited

 

632.485     Enforcement; entry and inspection; seizure

 

632.490     Labeling fruit or vegetables as Oregon grown or packed

 

WALNUTS AND FILBERTS

 

632.516     Establishment of grades and standards; rules

 

632.521     Grades and standards established by repealed statute; continued in effect until superseded

 

632.585     Necessity of conformity to standards

 

632.590     Labeling

 

632.595     Containers

 

632.600     Inspection districts; inspection, reinspection and fees

 

632.610     Duty to notify department of availability for inspection

 

632.615     Enforcement; inspection certificate as evidence; rules

 

632.625     Violation of walnut and filbert law prohibited

 

EGGS

 

(Processing and Sale)

 

632.705     Definitions for ORS 632.705 to 632.815

 

632.715     Egg handler’s license

 

632.720     Fee; rules

 

632.730     Commercial egg breaker’s permit; fee

 

632.741     Additional fee; reports; records; exceptions

 

632.745     When invoices required; exception; availability for inspection

 

632.756     Maintenance of facilities and equipment; standards

 

632.761     Authority of department

 

632.771     Information on container label; sale from bulk display; advertising

 

632.786     Prohibited acts

 

632.811     Rules; considerations in promulgating rules

 

632.815     Disposition of fees

 

(Laying Conditions)

 

632.835     Definitions for ORS 632.835 to 632.850

 

632.840     Manner of confining egg-laying hen; business plan for compliance; rules; penalty

 

632.845     Prohibition against improper confinement of egg-laying hen

 

632.850     Prohibition against selling products of improperly confined egg-laying hen

 

GRADES, STANDARDS, INSPECTION AND CLASSIFICATION OF

HORTICULTURAL AND AGRICULTURAL PRODUCTS

 

632.900     “Horticultural and agricultural products” defined

 

632.905     Grades and standards for horticultural and agricultural products and containers; rules

 

632.910     Factors to be considered in establishing grades, standards or classifications

 

632.915     Consideration of commercial or other use; change of grades, standards or classifications

 

632.918     Classifications and standards for certified horticultural and agricultural processes; rules

 

632.920     Compliance with Administrative Procedures Act

 

632.935     Adoption of United States standards; cooperation with United States

 

632.940     Inspection and classification of horticultural and agricultural products by department; fees and charges

 

632.945     Procedure for department inspection and classification; collection of costs; fees

 

632.950     Termination of department inspection activities by grower vote; election procedure; costs

 

632.955     Investigation of complaint of purchaser’s misrepresentation of product; inspection and classification of products received by purchaser

 

632.960     Appeal to department for classification; fee

 

632.965     Certificate of grade, classification, quality or condition as prima facie evidence

 

632.970     Misrepresentation of grades and standards for horticultural or agricultural products; improper use of insignia indicating grade

 

632.975     Use of containers not conforming to standard

 

632.980     Improper grading and incorrect certificates prohibited

 

632.985     Transporting of agricultural or horticultural products subject to inspection; notice

 

PENALTIES

 

632.990     Criminal penalties

 

632.995     Civil penalties; rules; hearing; disposition of moneys

 

      632.005 [Amended by 1959 c.633 §2; 1961 c.655 §1; repealed by 1965 c.582 §24]

 

      632.007 [1961 c.655 §6; 1965 c.582 §21; renumbered 632.710]

 

      632.010 [Repealed by 1965 c.582 §24]

 

      632.015 [Amended by 1959 c.633 §3; repealed by 1965 c.582 §24]

 

      632.020 [Amended by 1959 c.633 §4; repealed by 1965 c.582 §24]

 

      632.025 [Repealed by 1965 c.582 §24]

 

      632.030 [Repealed by 1965 c.582 §24]

 

      632.035 [Amended by 1959 c.633 §5; 1961 c.655 §3; repealed by 1965 c.582 §24]

 

      632.040 [Renumbered 632.730]

 

      632.045 [Amended by 1961 c.425 §16; repealed by 1965 c.582 §24]

 

      632.050 [Amended by 1959 c.633 §6; repealed by 1965 c.582 §24]

 

      632.055 [Repealed by 1965 c.582 §24]

 

      632.060 [Renumbered 632.755]

 

      632.065 [Repealed by 1965 c.582 §24]

 

      632.067 [1959 c.633 §9; 1961 c.655 §4; repealed by 1965 c.582 §24]

 

      632.070 [Repealed by 1965 c.582 §24]

 

      632.075 [Repealed by 1965 c.582 §24]

 

      632.080 [Repealed by 1965 c.582 §24]

 

      632.085 [Renumbered 632.750]

 

      632.090 [Amended by 1955 c.91 §1; 1959 c.633 §7; repealed by 1965 c.582 §24]

 

      632.092 [1959 c.633 §8; repealed by 1965 c.582 §24]

 

      632.095 [Repealed by 1965 c.582 §24]

 

      632.097 [1961 c.655 §7; 1965 c.582 §19; renumbered 632.760]

 

      632.098 [1961 c.655 §8; repealed by 1965 c.582 §24]

 

      632.100 [Subsection (2) of 1961 Replacement Part enacted as 1961 c.655 §9; repealed by 1965 c.582 §24]

 

      632.105 [Repealed by 1965 c.582 §24]

 

      632.110 [Renumbered 632.815]

 

      632.115 [Repealed by 1965 c.582 §24]

 

      632.120 [Repealed by 1965 c.582 §24]

 

      632.125 [Repealed by 1965 c.582 §24]

 

      632.205 [Repealed by 1955 c.363 §16]

 

ONIONS

 

      632.206 Definitions for ORS 632.211 to 632.260. As used in ORS 632.211 to 632.260:

      (1) “Culls” means onions which fail to meet the standard of any grade established by the State Department of Agriculture under ORS 632.211.

      (2) “Department” means the State Department of Agriculture.

      (3) “Sell” includes offer, consign or expose for sale.

      (4) “Transport” includes load or deliver.

      (5) “Unlabeled onions” means any onions not labeled as required by ORS 632.226. [1955 c.363 §1]

 

      632.210 [Repealed by 1955 c.363 §16]

 

      632.211 Establishment of grades and standards; grading and inspection fee. (1) The State Department of Agriculture shall, in accordance with the applicable provisions of ORS 632.900 to 632.935, establish grades and standards for onions which shall conform, in so far as practicable, to the official grades and standards prescribed by the United States Department of Agriculture.

      (2) The grades and standards adopted by the State Department of Agriculture under ORS 632.205, 632.210, 632.215, 632.220, 632.225, 632.230, 632.235, 632.240, 632.245 and 632.250 (1953 Replacement Part) shall continue in force and effect and be applicable until superseded, changed or repealed by standards and grades adopted by the department under subsection (1) of this section.

      (3) The department may fix and collect a fee for grading and inspecting of onions in accordance with ORS 632.940. [1955 c.363 §8]

 

      632.215 [Repealed by 1955 c.363 §16]

 

      632.216 Certificate of grade required before sale or transportation of onions; exceptions. (1) No person shall sell or transport onions without first obtaining a certificate of grade pursuant to ORS 632.940 to 632.965, unless the onions are:

      (a) Sold or transported in quantities of less than one ton.

      (b) Graded and inspected onions which have been reconditioned or re-sorted.

      (c) Culls labeled as such and other onions which are exempted from labeling by ORS 632.231 and 632.236.

      (2) For the purposes of subsection (1) of this section, if the container of onions is labeled in accordance with ORS 632.226, a certificate of grade of the United States Department of Agriculture or a shipping point inspection service recognized by the United States Department of Agriculture may be accepted in lieu of a certificate issued under ORS 632.965. [1955 c.363 §2]

 

      632.220 [Repealed by 1955 c.363 §16]

 

      632.221 Only one inspection of each load or lot. No more than one inspection under ORS 632.216 is required for any load or lot of onions, regardless of the fact that, after inspection, the load or lot inspected loses its specific identity because of division of, or addition of other inspected onions of the same grade to, the load or lot inspected, or because of reconditioning or re-sorting. [1955 c.363 §3]

 

      632.225 [Repealed by 1955 c.363 §16]

 

      632.226 Labeling. Except as otherwise provided in ORS 632.231 and 632.236, no person shall sell or transport onions, unless their container is labeled with:

      (1) The name and address or brand name of the grower or packer.

      (2) The net weight of its contents.

      (3) The word “culls” in boldfaced letters not less than two inches high if the onions in the container fail to meet the standards of any grade established for onions by the State Department of Agriculture. [1955 c.363 §4]

 

      632.230 [Repealed by 1955 c.363 §16]

 

      632.231 Sale of unlabeled onions. Unlabeled onions may be sold:

      (1) By the grower at the field where grown.

      (2) To a processing plant.

      (3) At retail to consumers if the onions are displayed in open containers or bins and the onions were labeled and inspected for grade as required by ORS 632.216 to 632.226, at or prior to the time of purchase by the retailer.

      (4) To a livestock feeder for feeding purposes. [1955 c.363 §5]

 

      632.235 [Repealed by 1955 c.363 §16]

 

      632.236 Transportation of unlabeled onions. Unlabeled onions may be transported for sale or delivery to:

      (1) A warehouse or other facility for grading or storage;

      (2) A livestock feeder for feeding purposes; or

      (3) A processing plant. [1955 c.363 §6; 2013 c.119 §2]

 

      632.240 [Repealed by 1955 c.363 §16]

 

      632.241 [1955 c.363 §7; repealed by 2013 c.119 §1]

 

      632.245 [Repealed by 1955 c.363 §16]

 

      632.246 Seizure of unlawful onions. The State Department of Agriculture may seize or detain any onions sold or transported in violation of any provision of ORS 632.216 or 632.226. [1955 c.363 §9]

 

      632.250 [Repealed by 1955 c.363 §16]

 

      632.251 Access to premises or vehicle for inspection purposes. The State Department of Agriculture or any of its duly authorized representatives shall have free access at any reasonable hours to any place or premises where onions are stored, processed or sold, and may stop or enter any vehicle or means of conveyance used to transport onions for the purpose of inspection or to determine whether any provisions of ORS 632.206 to 632.260 have been violated. [1955 c.363 §10]

 

      632.255 [1955 c.363 §11; repealed by 1965 c.276 §2]

 

      632.260 Defendant in prosecution to plead any exemption. In any criminal proceeding brought for violation of any of the provisions of ORS 632.216 or 632.226, exemption of the party accused from the requirements of ORS 632.216 or 632.226 shall be pleaded and alleged by the defendant as a matter of defense upon a plea of not guilty. [1955 c.363 §12]

 

REGISTRATION AND USE OF TRADEMARK FOR CONTAINERS, EQUIPMENT AND SUPPLIES

 

      632.275 Filing trademark for containers, equipment and supplies for fruit and vegetables. Any persons, firms, corporations or associations engaged in producing, packing, canning tree fruits, vegetables and small fruits who furnish or provide lug boxes or containers for any grower or other person, firm or corporation with the trademark of the grower, person, firm or corporation as defined by ORS 647.005, impressed or produced thereon, or whose equipment or supplies, owned by and used in the business of the grower, person, firm or corporation, bears a trademark impressed or produced thereon, and any corporations and associations whose members are so engaged and use such containers or have such equipment or supplies may file such trademark with the Secretary of State as provided in ORS chapter 647. [Formerly 616.605]

 

      632.280 Unlawful use of, or traffic in, name or mark as presumptive evidence. Each of the following is presumptive evidence of unlawful use of or traffic in the containers, supplies or equipment described in ORS 632.275 if the description of the name, mark or device has been filed and published as provided in ORS 632.275:

      (1) The use, without the consent provided for in ORS 632.290, of such container, supplies or equipment by any person other than:

      (a) The person, firm, corporation or association whose name, mark or device is upon the container, supplies or equipment; and

      (b) The members of any corporation registering the name, mark or device.

      (2) The having by any junk dealer, or any dealer in secondhand articles, of possession of any such containers, supplies or equipment. [Formerly 616.610]

 

      632.285 Security for return not a sale. If the owner of containers marked or branded pursuant to ORS 632.275, or of equipment or supplies used in the business so marked or otherwise impressed, or others lawfully entitled to use the containers, equipment or supplies, requires the taking or accepting of money as a deposit for security for the safekeeping and return of the articles, it shall not constitute a sale of such property, either optional or otherwise, in any proceedings under ORS 632.275 to 632.290. [Formerly 616.615]

 

      632.290 Acquiring of marked containers, supplies and equipment. Any person, firm, corporation or association, or any member of such corporation or association acquiring containers, supplies or equipment marked pursuant to ORS 632.275, by purchase or other lawful means, and having written consent, shall not be required to again file and publish the description, but shall as to the containers, supplies and equipment, describe any such written consent acquired as a part of the purchase and shall have all such benefits as the vendor has under ORS 632.275 to 632.290. [Formerly 616.620]

 

      632.305 [Repealed by 1955 c.711 §1]

 

      632.306 [1955 c.711 §§2,5; 1957 c.96 §1; repealed by 1997 c.410 §1]

 

      632.310 [Repealed by 1955 c.711 §1]

 

      632.311 [1955 c.711 §4; repealed by 1997 c.410 §1]

 

      632.315 [Repealed by 1955 c.711 §1]

 

      632.316 [1955 c.711 §13; repealed by 1997 c.410 §1]

 

      632.320 [Repealed by 1955 c.711 §1]

 

      632.321 [1955 c.711 §6; 1957 c.96 §2; repealed by 1997 c.410 §1]

 

      632.325 [Repealed by 1955 c.711 §1]

 

      632.326 [1955 c.711 §7; 1957 c.96 §3; repealed by 1997 c.410 §1]

 

      632.330 [Repealed by 1955 c.711 §1]

 

      632.331 [1955 c.711 §8; 1957 c.96 §4; repealed by 1997 c.410 §1]

 

      632.335 [Repealed by 1955 c.711 §1]

 

      632.336 [1955 c.711 §9; 1957 c.96 §5; 1993 c.46 §2; repealed by 1997 c.410 §1]

 

      632.340 [Repealed by 1955 c.711 §1]

 

      632.341 [1955 c.711 §10; 1993 c.46 §1; repealed by 1997 c.410 §1]

 

      632.345 [Repealed by 1955 c.711 §1]

 

      632.346 [1955 c.711 §11; repealed by 1997 c.410 §1]

 

      632.350 [Repealed by 1955 c.711 §1]

 

      632.351 [1955 c.711 §12; repealed by 1997 c.410 §1]

 

      632.355 [Repealed by 1955 c.711 §1]

 

      632.356 [1955 c.711 §14; repealed by 1965 c.276 §2]

 

      632.360 [Repealed by 1955 c.711 §1]

 

      632.361 [1955 c.711 §3; repealed by 1997 c.410 §1]

 

      632.405 [Repealed by 2007 c.71 §189]

 

      632.410 [Repealed by 2013 c.120 §1]

 

      632.415 [Repealed by 2013 c.120 §1]

 

      632.420 [Repealed by 2013 c.120 §1]

 

      632.425 [Repealed by 2013 c.120 §1]

 

      632.430 [Repealed by 2013 c.120 §1]

 

      632.435 [Repealed by 1965 c.276 §2]

 

      632.440 [Repealed by 2013 c.120 §1]

 

PACKING AND LABELING OF HORTICULTURAL PRODUCTS

 

      632.450 Definitions for ORS 632.450 to 632.485. As used in ORS 632.450 to 632.485:

      (1) “Horticultural products” means all horticultural products, including nursery stock as defined in ORS 571.005, except horticultural products that are canned, bottled, frozen, dried, candied or brined.

      (2) “Container” means the box, crate, lug, chest, basket, carton, barrel, keg, drum, sack, hamper, bag, bin, tray, bucket or other receptacle, whether open or closed, used by any person in transporting horticultural products, or in which such products are offered for sale.

      (3) “Stamp,” “mark” or “label plainly” means placing the information required by ORS 632.450 to 632.485 on the container in legible letters or figures of not less than three-eighths inch in height and not less than three-sixteenths inch in width, by means of a rubber stamp, stencil, printing by machine, or by attaching to the package by means of glue or paste, a machine-printed label. Such marks, and the location thereof, shall conform to the rules and regulations established by the State Department of Agriculture when promulgating grades for horticultural products.

      (4) “Deceptive pack” means any arrangement of horticultural products which has in the outer layer or any exposed surface horticultural products which are so superior in quality, size, condition or in any other respect to those in the interior of the lot or the unexposed portion as to materially misrepresent the contents of the lot. A deceptive pack also means a container slackly filled so as to deceive the purchaser in regard to the total contents, or a container which has had a portion of the original contents removed and then offered for sale as a full pack. [Formerly 616.505; 2001 c.104 §245]

 

      632.455 Labeling container of horticultural products. No person shall sell, offer for sale or transportation, or transport within Oregon, horticultural products unless each container or package of such products is plainly and conspicuously labeled with the name and post-office address of the grower, shipper or dealer, and the net contents of the container or package in terms of weight, measure or numerical count. This section does not apply to transportation from the owner’s fields to a warehouse for storage or grading and packing, or to processing plants. [Formerly 616.510]

 

      632.460 Establishment of grades, branding and packing requirements; rules. (1) The State Department of Agriculture may establish by rule, as provided in ORS chapter 183, grades for horticultural products and branding and packing requirements as are deemed necessary.

      (2) Except as expressly provided in ORS 632.450 to 632.485, all grades and requirements relating to fruits and vegetables in effect on June 14, 1941, shall so remain unless changed under the authority conferred by ORS 632.450 to 632.485.

      (3) The use of grade standards authorized to be established by this section is not mandatory unless otherwise specifically provided by law. However, the deceptive use or misuse of any grade standards is unlawful. [Formerly 616.515; 1979 c.91 §2]

 

      632.465 Used packages or containers. It is unlawful to sell or offer for sale or to transport or offer for transportation, horticultural products in used packages or containers unless such used packages or containers are first cleaned of all foreign matter and substances and are in all respects sanitary, and unless all previous markings, brands, grade markings, labels, trademarks, names and addresses are entirely removed or so defaced as to destroy their legibility, or by turning such container or package inside out. This section does not apply to transportation from the owner’s fields to a warehouse for storage or grading and packing, or to processing plants. [Formerly 616.520]

 

      632.470 False representations as to raising, production or packing. No person, by means of any false representation, either verbal, printed or written, shall represent or pretend that horticultural products were raised, produced or packed by any person, or in any locality other than by the person, and in the locality where the same were in fact raised, produced or packed. [Formerly 616.525]

 

      632.475 Possession of unlabeled, falsely labeled or deceptively packed products. (1) No person shall have in possession for sale or transportation any horticultural products not labeled as required in ORS 632.450 to 632.485, or falsely marked or labeled, or deceptively packed contrary to the provisions of ORS 632.450 to 632.485.

      (2) The possession for sale or transportation by such person of any such horticultural products so falsely marked, labeled or packed is prima facie evidence that such person has so falsely marked, labeled or packed such horticultural products.

      (3) The provisions of ORS 632.450 to 632.485 do not apply to the transportation of horticultural products by common carrier, except when the common carrier is issued a written notice by the State Department of Agriculture that the lot of horticultural products offered for shipments has been seized by the department for not meeting the requirements of ORS 632.450 to 632.485 and the notice is accompanied with a copy of the seizure notice. [Formerly 616.530]

 

      632.480 Shipment or sale of deceptive pack, load or display prohibited. No person shall prepare, deliver for shipment, ship, transport, offer for sale or sell a deceptive pack, or package, load, arrangement or display of horticultural products. [Formerly 616.535]

 

      632.485 Enforcement; entry and inspection; seizure. (1) The director and all authorized agents of the State Department of Agriculture shall enforce ORS 632.450 to 632.485 and to that end may enter any place or conveyance within this state where any fruit, nuts or vegetables are produced, stored, packed, delivered for shipment, loaded, shipped, being transported, or sold, and inspect all such fruit, nuts or vegetables and the containers thereof and take for inspection such representative samples of the fruit, nuts or vegetables and such containers, as may be necessary, to determine whether or not ORS 632.450 to 632.485 have been violated.

      (2) Whenever a duly authorized representative of the department finds, or has probable cause to believe, that any products are marked, labeled or packed in violation of ORS 632.450 to 632.485, the representative shall seize the products and proceed in the manner directed by law for the disposal of products seized by the department. [Formerly 616.540]

 

      632.490 Labeling fruit or vegetables as Oregon grown or packed. All persons operating under their own private brand in Oregon in the business of packing or canning fruit or vegetables, either fresh, canned, evaporated or otherwise, shall plainly designate on such private brand that goods were Oregon grown or packed in Oregon. For the purpose of this section it is sufficient for the firms whose headquarters are in Oregon to either designate the local address of the cannery or to designate the location of their main office in Oregon. This section does not apply to sales to wholesalers, packers or others for reselling. [Formerly 616.545]

 

      632.505 [Repealed by 2007 c.71 §190]

 

      632.510 [Repealed by 1955 c.239 §8]

 

      632.515 [Repealed by 1955 c.239 §8]

 

WALNUTS AND FILBERTS

 

      632.516 Establishment of grades and standards; rules. The State Department of Agriculture shall, in accordance with the applicable provisions of ORS 632.905 to 632.980, establish standards and grades for walnuts and filberts by rules or regulations enacted pursuant to ORS chapter 183. The grades shall conform, as far as practicable or applicable in this state, to the official grades and standards prescribed by the United States Department of Agriculture. The grades may be changed from time to time as may be necessary. [1955 c.239 §2; 1971 c.734 §28]

 

      632.520 [Repealed by 1955 c.239 §8]

 

      632.521 Grades and standards established by repealed statute; continued in effect until superseded. Notwithstanding the powers and duties of the State Department of Agriculture under ORS 632.516, the statutory standards and grades in ORS 632.510, 632.515, 632.520, 632.525, 632.530, 632.535, 632.540, 632.545, 632.550, 632.555, 632.560, 632.565, 632.570, 632.575 and 632.580 prior to the repeal of those sections by section 8, chapter 239, Oregon Laws 1955, shall continue in force and effect and be applicable as if adopted by the department until superseded or repealed by rules and regulations adopted by the department under ORS 632.516. [1955 c.239 §3]

 

      632.525 [Repealed by 1955 c.239 §8]

 

      632.530 [Repealed by 1955 c.239 §8]

 

      632.535 [Repealed by 1955 c.239 §8]

 

      632.540 [Repealed by 1955 c.239 §8]

 

      632.545 [Repealed by 1955 c.239 §8]

 

      632.550 [Repealed by 1955 c.239 §8]

 

      632.555 [Repealed by 1955 c.239 §8]

 

      632.560 [Repealed by 1955 c.239 §8]

 

      632.565 [Repealed by 1955 c.239 §8]

 

      632.570 [Repealed by 1955 c.239 §8]

 

      632.575 [Repealed by 1955 c.239 §8]

 

      632.580 [Repealed by 1955 c.239 §8]

 

      632.585 Necessity of conformity to standards. All unshelled walnuts and unshelled filberts sold or offered for sale or shipment in this state shall conform to the standards established by the State Department of Agriculture for such walnuts and filberts. [Amended by 1955 c.239 §5]

 

      632.590 Labeling. (1) All unshelled walnuts and unshelled filberts sold, displayed or offered for sale or shipment in this state must have the containers, bins, display table or other bulk display labeled with a legible label containing the:

      (a) Name of the state in which such nuts were grown.

      (b) Grade or registered brand and size of nuts in the container.

      (c) Name and address of the grower, dealer or packer.

      (2) Notwithstanding subsection (1) of this section, containers of five pounds or less capacity and bins and bulk tables are required to be labeled only with the name of the state where grown and the grade and size of such nuts. Such labeling is not required when nuts are being sold at retail from a properly labeled container or bulk display and packaged in the presence of the purchaser for the immediate purpose of the sale. [Amended by 2005 c.22 §444]

 

      632.595 Containers. All containers of unshelled walnuts or unshelled filberts of the two highest grades established by the State Department of Agriculture, sold or offered for sale or shipment in this state, shall be uniform, new, sound and clean and otherwise conform to the standards approved by the department. Containers for lower grades shall be clean, fairly bright and sound. [Amended by 1955 c.239 §6; 2007 c.71 §191]

 

      632.600 Inspection districts; inspection, reinspection and fees. (1) The State Department of Agriculture may designate certain areas as inspection districts and certain cities as inspection points, as necessary for the enforcement of ORS 632.516 to 632.625 and the rules and regulations of the department.

      (2) All unshelled walnuts and unshelled filberts shipped out of or into or received in such inspection districts or inspection points in lots of 250 pounds or more shall be inspected by the department in accordance with its rules and regulations. However, no inspection shall be required for such nuts in transit to a processing plant. Not more than one inspection shall be made by the department for any car or lot of unshelled walnuts, or unshelled filberts unless the buyer or seller of the car or lot applies for reinspection and advances the charges for it as provided by the department. Any shipper of unshelled walnuts or unshelled filberts who feels that the grade established on any lot of nuts by any inspector, agent or representative of the department is not a true grade of such lot of unshelled walnuts or unshelled filberts may appeal to the department for a reinspection. However, the department may inspect any lot of less than 250 pounds, if at any time it deems it necessary.

      (3) The department may fix, assess and collect or cause to be collected fees for all inspections of unshelled walnuts and unshelled filberts, on a uniform basis, in an amount determined to be reasonable and to cover the cost of its inspections and the enforcement of ORS 632.516 to 632.625. [Amended by 1955 c.239 §7]

 

      632.605 [Subsection (2) enacted as 1955 c.239 §4; repealed by 1965 c.276 §2]

 

      632.610 Duty to notify department of availability for inspection. (1) Every operator or person in charge of any motor vehicle transporting on the streets or highways any unshelled walnuts or unshelled filberts, of which inspection is required by ORS 632.516 to 632.625, out of, into or through any inspection district, or any city which has been declared an inspection point, shall give notice by mail or in person to the nearest office or inspector of the State Department of Agriculture that such nuts are available for inspection as required by law.

      (2) Any person, receiving any shipment, load or lot of such nuts, which has not been inspected, for the purpose of sale or storage in such quantities and in such places as would require inspection, shall give notice within 24 hours by mail or in person to the nearest office or inspector of the department that such nuts have been received and are being held for inspection.

 

      632.615 Enforcement; inspection certificate as evidence; rules. (1) The State Department of Agriculture shall enforce the provisions of ORS 632.516 to 632.625, and may make rules and regulations necessary or convenient for such enforcement. It may employ such inspectors, agents and representatives as it finds necessary and enter into agreements with the United States Department of Agriculture, its authorized agents, officers and representatives as it deems necessary to carry out such sections, not contrary to the laws of this state.

      (2) Upon complaint, properly filed, that unshelled walnuts or unshelled filberts are offered for sale or shipment in violation of ORS 632.516 to 632.625, the State Department of Agriculture shall make the necessary investigation. If the complaint is found true, the department shall report the facts to the district attorney of the county in which the violation occurred and the district attorney shall prosecute such offender.

      (3) Certificates of inspection of unshelled walnuts and unshelled filberts issued by the department shall be prima facie evidence of the facts contained therein.

 

      632.620 [Amended by 2009 c.175 §23; repealed by 2011 c.597 §309]

 

      632.625 Violation of walnut and filbert law prohibited. No person shall sell or offer for sale or shipment any unshelled walnuts or unshelled filberts in violation of any of the provisions of ORS 632.516 to 632.625, or the rules or regulations established under such sections.

 

EGGS

 

(Processing and Sale)

 

      632.705 Definitions for ORS 632.705 to 632.815. As used in ORS 632.705 to 632.815:

      (1) “Adulterated” has the meaning given that term in ORS 616.235.

      (2) “At retail” means a sale or transaction between a retailer and a consumer.

      (3) “Bulk sale” means the sale of eggs in containers other than consumer containers.

      (4) “Candling” means the examination of the interior of eggs by the use of transmitted light used in a partially dark room or place.

      (5) “Consumer” means any person who purchases eggs at retail or any restaurant, hotel, boarding house, bakery, or institution or concern that purchases eggs for serving to guests or patrons thereof, or for its own use in cooking or baking.

      (6) “Consumer container” means a container in which eggs are packed for sale to consumers.

      (7) “Container” means any box, case, basket, carton, sack, bag or other receptacle.

      (8) “Department” means the State Department of Agriculture.

      (9) “Egg handler” means any person who contracts for or obtains possession or control of any eggs for:

      (a) Sale to another egg handler or a retailer; or

      (b) Processing and sale to another egg handler, a retailer or a consumer.

      (10) “Egg products” means the white, yolk, or any part of eggs, in liquid, frozen, dried, or any other form, used, intended or held for use, in the preparation of, or to be a part of or mixed with, food or food products, for human consumption, excepting products that contain eggs only in a relatively small proportion or historically have not been in the judgment of the department considered by consumers as products of the egg industry.

      (11) “Eggs” or “shell eggs” means eggs in the shell from chickens, turkeys, ducks, geese or any other species of fowl.

      (12) “Federal Act” means the federal Egg Products Inspection Act, 21 U.S.C. 1031 et seq., 84 Stat. 1620 et seq.

      (13) “Labeling” has the meaning given that term in ORS 616.205 (13).

      (14) “Lot” means an identifiable and certain quantity, group or shipment of one grade or size of eggs of a particular producer, egg handler or retailer. Such identification and certainty may be determined by the department by container labeling of codes, numbers or dates, or invoices containing such data.

      (15) “Misbranded” has the meaning given that term in ORS 616.250.

      (16) “Pasteurize” means the subjecting of each particle of egg products to heat or other treatments to destroy harmful viable microorganisms, by such processes as may be prescribed by the department.

      (17) “Processing” means manufacturing egg products, including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying or packaging egg products.

      (18) “Retailer” means any person who sells eggs to a consumer.

      (19) “Sell” or “sale” means to sell, offer for sale, expose for sale, or have in possession for sale. [1965 c.582 §1; 1975 c.748 §1; 2003 c.14 §378; 2005 c.22 §445]

 

      632.710 [Formerly 632.007; repealed by 1975 c.748 §19]

 

      632.715 Egg handler’s license. (1) Unless the holder of a permit issued under ORS 632.730, no person shall sell or distribute within this state any eggs to consumers or to retailers without having first obtained an egg handler’s license from the State Department of Agriculture. The license shall not be required:

      (a) Of a producer selling and delivering eggs of the producer’s own production direct to an individual consumer; or

      (b) For the sale of uncandled eggs to other than a consumer; or

      (c) For the sale by a retailer to a consumer of eggs which previously have been candled and graded by an egg handler in compliance with ORS 632.705 to 632.815.

      (2) Application for such license shall be made to the department, on forms prescribed by the department.

      (3) Each egg handler’s license shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule. Such license shall not be transferable to any person. The original of the license shall be conspicuously displayed in the main office of the licensee. A duplicate copy of the license shall be conspicuously displayed in each separate branch, store, sales outlet, office, warehouse or location operated or owned by the licensee in which eggs are candled or graded.

      (4) The department, in accordance with ORS chapter 183, may refuse to issue, or may suspend or revoke, an egg handler’s license issued under this section, or a permit issued under ORS 632.730, if the applicant, the permit holder, or the licensee has or is violating the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto. [1965 c.582 §2; 1975 c.748 §2; 1982 s.s.1 c.4 §12; 2007 c.768 §34]

 

      632.720 Fee; rules. An applicant for an egg handler’s license shall pay an annual license fee to the State Department of Agriculture with each application. The department may adopt rules establishing a license fee for an egg handler. Except as provided in this section, the department may not adopt a rule under this section to establish a license fee that is more than three percent higher than the fee charged during the preceding year. When adopting a rule establishing a license fee, notwithstanding the three percent limit, the department may round the fee amount to the next higher whole dollar amount. The department may not change the amount of the egg handler’s license fee more frequently than once each year. [1965 c.582 §3; 1975 c.748 §3; 1991 c.632 §8; 2012 c.64 §15]

 

      Note: The amendments to 632.720 by section 43, chapter 64, Oregon Laws 2012, become operative July 1, 2019. See section 45, chapter 64, Oregon Laws 2012. The text that is operative on and after July 1, 2019, is set forth for the user’s convenience.

      632.720. An applicant for an egg handler’s license shall pay an annual license fee to the State Department of Agriculture with each application. The department may adopt rules establishing a license fee for an egg handler. The department may not adopt or enforce a rule under this section establishing an egg handler license fee that is higher than the egg handler license fee charged for the license year that began July 1, 2018. The department may not change the amount of the egg handler’s license fee more frequently than once each year.

 

      632.725 [1965 c.582 §4; repealed by 1975 c.748 §19]

 

      632.730 Commercial egg breaker’s permit; fee. No person shall engage in the commercial breaking of eggs for the purpose of recovering therefrom, for human food, the whites, yolks or whole egg meats, or any part thereof, for resale as such, without first obtaining from the State Department of Agriculture a permit to do so. Such permit shall be issued to any person making written application for it and a proper showing of ability and intent to comply with the sanitary requirement specified by ORS 632.705 to 632.815, and payment to the department of an annual permit fee of $75. Such permit shall expire on June 30 next following its date of issuance or on such date as may be specified by department rule. Such permits may be renewed from year to year upon written application and payment of the annual permit fee.

       [Formerly 632.040; 1975 c.748 §4; 1982 s.s.1 c.4 §13; 2007 c.768 §35]

 

      632.735 [1965 c.582 §5; repealed by 1975 c.748 §19]

 

      632.740 [1965 c.582 §6; repealed by 1975 c.748 §5 (632.741 enacted in lieu of 632.740)]

 

      632.741 Additional fee; reports; records; exceptions. (1) In addition to the license fee adopted by rule under ORS 632.720, each egg handler shall pay to the State Department of Agriculture a fee prescribed by the department, not to exceed two and one-half mills per dozen eggs sold by such egg handler. Such fee shall be paid by remitting monthly payments, on dates prescribed by the department, accompanied by such reports concerning egg sales as the department may prescribe. The egg handler utilizing this method shall prepare and maintain adequate books and records evidencing the egg sales, and shall keep the same for at least two years. The department is authorized to inspect and audit such books and records as provided in ORS 561.265 and the egg handler shall pay to the department its costs for the same. The department shall assign such egg handler a permit number to be placed on egg containers in the manner prescribed by the department.

      (2) The fees required to be paid under subsection (1) of this section and, except as otherwise provided under ORS 632.771, the labeling required by ORS 632.771 do not apply to:

      (a) Eggs sold and shipped outside of this state;

      (b) Eggs sold to the United States Government;

      (c) Bulk sales of eggs;

      (d) Eggs sold to another egg handler for processing into egg products; or

      (e) Eggs sold by a producer to consumers at the place of production. [1975 c.748 §6 (632.741 enacted in lieu of 632.740); 1991 c.632 §9; 2012 c.64 §33]

 

      632.745 When invoices required; exception; availability for inspection. (1) Each person who sells eggs in bulk shall furnish the purchaser with an invoice covering each such sale, showing the exact grade or quality and the size or weight of the eggs sold, according to the standards prescribed by the federal Act or the State Department of Agriculture, together with the name and address of the person by whom the eggs were sold. The invoices shall be available during business hours for inspection by the department. The invoices shall be kept for at least:

      (a) One year by the seller; and

      (b) 60 days by the purchaser.

      (2) No invoice shall be required on eggs when sold to the United States Government or to an individual consumer.

      (3) Any person or retailer selling eggs through its own stores or outlets may keep the records required by subsection (1) of this section, at its principal place of business within this state and is not required to keep the records at the stores or outlets. [1965 c.582 §7; 1975 c.748 §7; 1995 c.79 §321]

 

      632.750 [Formerly 632.085; repealed by 1975 c.748 §19]

 

      632.755 [Formerly 632.060; repealed by 1975 c.748 §8 (632.756 enacted in lieu of 632.755)]

 

      632.756 Maintenance of facilities and equipment; standards. The plant facilities and equipment utilized in processing eggs or egg products shall be constructed, maintained and utilized in accordance with the rules promulgated under the federal Act or promulgated by the State Department of Agriculture. [1975 c.748 §9 (enacted in lieu of 632.755)]

 

      632.760 [Formerly 632.097; repealed by 1975 c.748 §10 (632.761 enacted in lieu of 632.760)]

 

      632.761 Authority of department. The State Department of Agriculture is authorized to:

      (1) Inspect at reasonable times plant premises, facilities, equipment, containers and vehicles and to inspect and sample eggs and egg products for the purpose of enforcing the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto.

      (2) Seize, embargo or detain, in accordance with the provisions of ORS 561.605 to 561.630, any eggs or egg products determined to be in violation of the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto.

      (3) Condemn, in accordance with the provisions of ORS 616.740, any plant premises, facilities, equipment, containers or vehicles determined to be in violation of the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto.

      (4) Enter into cooperative and reciprocal agreements with any federal, state or other governmental agency in carrying out the provisions of ORS 632.705 to 632.815, and to receive and expend funds pursuant thereto. [1975 c.748 §11 (enacted in lieu of 632.760)]

 

      632.765 [1965 c.582 §8; repealed by 1975 c.748 §19]

 

      632.770 [1965 c.582 §9; repealed by 1975 c.748 §12 (632.771 enacted in lieu of 632.770)]

 

      632.771 Information on container label; sale from bulk display; advertising. (1) The labeling of any container used by an egg handler shall include the information required by the federal Act or rules promulgated thereunder, or:

      (a) The full, correct and unabbreviated designation of size and grade or quality of the eggs;

      (b) The common or usual name, if any there be, of the egg product;

      (c) The lot or production code, number or date;

      (d) The net contents;

      (e) The name and address of the egg handler or distributor, and in the case of a distributor shall include qualifying terms as “packed for,” “distributed by” or “distributor”; and

      (f) The Oregon state egg seal or the official number assigned to the egg handler by the State Department of Agriculture.

      (2) The labeling information required by subsection (1) of this section shall be of a size and in a location prescribed by the department or by the rules promulgated under the federal Act.

      (3) If eggs are sold by retailers to consumers from a bulk display, in lieu of the labeling information required by subsection (1) of this section, there shall be a clearly visible and legible placard prominently displayed immediately adjacent to such display containing the size and grade or quality of the eggs.

      (4) Advertising of eggs or egg products shall conform to such provisions of subsection (1) of this section as the department may prescribe. [1975 c.748 §13 (enacted in lieu of 632.770)]

 

      632.775 [1965 c.582 §10; repealed by 1975 c.748 §19]

 

      632.780 [1965 c.582 §11; repealed by 1975 c.748 §19]

 

      632.785 [1965 c.582 §12; repealed by 1975 c.748 §14 (632.786 enacted in lieu of 632.785)]

 

      632.786 Prohibited acts. No person shall:

      (1) Sell eggs for human consumption in previously used consumer containers bearing the brand, trademark or officially designated number of another egg handler, unless the same is removed or defaced;

      (2) Fail to pay the fees or obtain the permit required by ORS 632.741;

      (3) Fail to furnish the invoices required by ORS 632.745;

      (4) As an egg handler, use any egg container unless it is labeled as required by ORS 632.771;

      (5) As a retailer, sell eggs from a bulk display without the displaying of the placard required by ORS 632.771 (3);

      (6) Deliver or sell eggs for human consumption that have been incubated or have been in either an artificial or natural incubator;

      (7) Deliver or sell for human consumption ova from slaughtered birds of any species;

      (8) Sell any eggs or egg products that are adulterated or misbranded;

      (9) Sell any eggs as fresh eggs unless they are of the quality or grade prescribed for fresh eggs by the State Department of Agriculture or the federal Act;

      (10) Sell egg products for human consumption unless they have been pasteurized, nor as a food processor purchase egg products that have not been pasteurized;

      (11) Advertise eggs or egg products in violation of the standards or requirements prescribed by the department;

      (12) Otherwise violate any of the provisions of ORS 632.705 to 632.815; or

      (13) Use containers in the bulk sale of eggs that bear the trademark of another egg handler without the consent of the registrant of such trademark. The provisions of ORS 632.275 to 632.290 shall apply to bulk sale containers of eggs in the same manner as they apply to containers for canning tree fruits, vegetables and small fruits. [1975 c.748 §15 (enacted in lieu of 632.785); 2003 c.14 §379]

 

      632.790 [1965 c.582 §14; repealed by 1975 c.748 §19]

 

      632.795 [1965 c.582 §15; repealed by 1975 c.748 §19]

 

      632.800 [1965 c.582 §16; repealed by 1975 c.748 §19]

 

      632.805 [1965 c.582 §17; repealed by 1975 c.748 §19]

 

      632.807 [1967 c.250 §2; repealed by 1975 c.748 §19]

 

      632.810 [1965 c.582 §18; 1967 c.250 §3; repealed by 1975 c.748 §16 (632.811 enacted in lieu of 632.810)]

 

      632.811 Rules; considerations in promulgating rules. (1) In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may promulgate rules necessary to administer and enforce the provisions of ORS 632.705 to 632.815, including but not limited to:

      (a) The establishment of fees under ORS 632.741, and the times and manner of payment thereof;

      (b) The reports and records to be made or kept under ORS 632.741;

      (c) The establishment of minimum grades or standards of quality and wholesomeness, size or weight of eggs or egg products;

      (d) The establishment of minimum standards of construction, maintenance, sanitation and operation of facilities and equipment used in the grading, candling, breaking or processing of eggs or egg products; and

      (e) The establishment of labeling and advertising standards or requirements for eggs and egg products.

      (2) In promulgating such rules the department may consider:

      (a) The provisions of the federal Act and rules promulgated pursuant thereto, and the laws and rules of other states;

      (b) The necessary procedures required to prohibit the sale or consumption of unwholesome eggs or egg products; and

      (c) The health and economic consequences to this state which might result from the processing, handling, sale or consumption of unwholesome eggs or egg products. [1975 c.748 §17 (enacted in lieu of 632.810)]

 

      632.812 [1967 c.250 §1; repealed by 1975 c.748 §19]

 

      632.815 Disposition of fees. All fees collected by the State Department of Agriculture under ORS 632.705 to 632.815 shall be paid to the State Treasurer by the department who shall deposit them in the Department of Agriculture Service Fund. Such funds are continuously appropriated to the department for the purposes of the administration and enforcement of such sections. [Formerly 632.110; 1975 c.748 §18; 1979 c.499 §28]

 

(Laying Conditions)

 

      632.835 Definitions for ORS 632.835 to 632.850. As used in ORS 632.835 to 632.850:

      (1) “Commercial farm” means the land, buildings and support facilities that are used for the commercial production of animals or animal products used for food or fiber.

      (2) “Commercial farm owner or operator” means any person who owns or controls the operation of a commercial farm. “Commercial farm owner or operator” does not mean a contractor, consultant or nonmanagement employee.

      (3) “Egg” means an egg, in the shell, from an egg-laying hen.

      (4) “Egg-laying hen” means any female domesticated chicken, turkey, duck, goose or guinea fowl that is kept for the purpose of egg production.

      (5) “Egg products” has the meaning given that term in ORS 632.705, except that “egg products” does not include the following products when those products are prepared from inspected egg products or eggs and contain no more restricted eggs than are allowed in the official standards for United States Consumer Grade B shell eggs:

      (a) Freeze-dried products;

      (b) Imitation egg products;

      (c) Egg substitutes;

      (d) Dietary foods;

      (e) Dried no-bake custard mixes;

      (f) Eggnog mixes;

      (g) Acidic dressings;

      (h) Noodles;

      (i) Milk and egg dips;

      (j) Cake mixes;

      (k) French toast; and

      (L) Sandwiches containing eggs or egg products.

      (6) “Enclosure” means any cage, crate or other structure used to confine an egg-laying hen. [2011 c.436 §1]

 

      632.840 Manner of confining egg-laying hen; business plan for compliance; rules; penalty. (1) The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 to 632.850. The rules must:

      (a) Be designed to promote humane welfare standards;

      (b) Be effective in protecting consumers from food-borne pathogens;

      (c) Require that enclosures constructed or otherwise acquired before January 1, 2012, meet standards equivalent to the requirements for certification established in the United Egg Producers’ Animal Husbandry Guidelines for U.S. Egg Laying Flocks; and

      (d) Require that enclosures constructed or otherwise acquired on or after January 1, 2012, meet, or be convertible into enclosures that meet, standards equivalent to the requirements for certification of enriched colony facility systems established in the American Humane Association’s farm animal welfare certification program.

      (2) The department may impose a civil penalty pursuant to ORS 183.745, not to exceed $2,500, for violation of a provision of ORS 632.835 to 632.850.

      (3) Upon renewal of an egg handler’s license described in ORS 632.715 or a commercial egg breaker’s permit described in ORS 632.730, a commercial farm owner or operator that is engaged in the commercial production of eggs in this state shall provide the department with a business plan describing the manner by which the commercial farm intends to comply with the rules adopted pursuant to the amendments to this section by section 9, chapter 436, Oregon Laws 2011. Notwithstanding ORS 192.501 or 192.502, the business plan is a public record subject to full disclosure. [2011 c.436 §4]

 

Note 1: The amendments to 632.840 by section 5, chapter 436, Oregon Laws 2011, become operative July 1, 2015. See section 6, chapter 436, Oregon Laws 2011. The text that is operative from July 1, 2015, until January 1, 2017, is set forth for the user’s convenience.

      632.840. (1) The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 to 632.850. The rules must:

      (a) Be designed to promote humane welfare standards;

      (b) Be effective in protecting consumers from food-borne pathogens;

      (c) Require that enclosures constructed or otherwise acquired before January 1, 2012, meet standards equivalent to the requirements for certification established in the United Egg Producers’ Animal Husbandry Guidelines for U.S. Egg Laying Flocks; and

      (d) Require that enclosures constructed or otherwise acquired on or after January 1, 2012, meet, or be convertible into enclosures that meet, standards equivalent to the requirements for certification of enriched colony facility systems established in the American Humane Association’s farm animal welfare certification program.

      (2) The department may impose a civil penalty pursuant to ORS 183.745, not to exceed $2,500, for violation of a provision of ORS 632.835 to 632.850.

      (3) The department shall inspect at reasonable times commercial farms engaged in the production of eggs for the purpose of enforcing the provisions of ORS 632.835 to 632.850.

      (4) The department may fix, assess and collect, or cause to be collected, from commercial farm owners or operators fees for the inspections performed by employees or agents of the department under subsection (3) of this section. The fees must have a uniform basis and must be in an amount reasonably necessary to cover the costs of the inspections and related administrative duties under ORS 632.835 to 632.850. The department shall adjust the fees under this subsection to meet any expenses necessary to carry out subsection (3) of this section and may prescribe a different fee scale for different localities. The department may prescribe a reasonable charge to be paid by commercial farm owners or operators for travel expenses and other related services if inspections under this section involve unusual cost to the department. Moneys from fees and charges collected by the department under this subsection must be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department to be used for the purpose of enforcing ORS 632.835 to 632.850.

      (5)(a) Upon renewal of an egg handler’s license described in ORS 632.715 or a commercial egg breaker’s permit described in ORS 632.730, a commercial farm owner or operator that is engaged in the commercial production of eggs in this state shall provide the department with a business plan describing the manner by which the commercial farm intends to comply with the rules adopted pursuant to the amendments to this section by section 9, chapter 436, Oregon Laws 2011. Notwithstanding ORS 192.501 or 192.502, the business plan is a public record subject to full disclosure.

      (b) The department shall report annually to the Legislative Assembly on the rate at which commercial farm owners or operators that are engaged in the commercial production of eggs in this state are complying with the business plans submitted to the department under paragraph (a) of this subsection.

 

Note 2: The amendments to 632.840 by section 7, chapter 436, Oregon Laws 2011, become operative January 1, 2017. See section 8, chapter 436, Oregon Laws 2011. The text that is operative from January 1, 2017, until January 1, 2026, is set forth for the user’s convenience.

      632.840. (1) The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 to 632.850. The rules must:

      (a) Be designed to promote humane welfare standards;

      (b) Be effective in protecting consumers from food-borne pathogens;

      (c) Require that enclosures constructed or otherwise acquired before January 1, 2012, meet standards equivalent to the requirements for certification established in the United Egg Producers’ Animal Husbandry Guidelines for U.S. Egg Laying Flocks; and

      (d) Require that enclosures constructed or otherwise acquired on or after January 1, 2012, meet standards equivalent to the requirements for certification of enriched colony facility systems established in the American Humane Association’s farm animal welfare certification program. In no event may the rules authorize confining an egg-laying hen in an enclosure that provides less than 116.3 square inches of individually usable floor space per hen.

      (2) The department may impose a civil penalty pursuant to ORS 183.745, not to exceed $2,500, for violation of a provision of ORS 632.835 to 632.850.

      (3) The department shall inspect at reasonable times commercial farms engaged in the production of eggs for the purpose of enforcing the provisions of ORS 632.835 to 632.850.

      (4) The department may fix, assess and collect, or cause to be collected, from commercial farm owners or operators fees for the inspections performed by employees or agents of the department under subsection (3) of this section. The fees must have a uniform basis and must be in an amount reasonably necessary to cover the costs of the inspections and related administrative duties under ORS 632.835 to 632.850. The department shall adjust the fees under this subsection to meet any expenses necessary to carry out subsection (3) of this section and may prescribe a different fee scale for different localities. The department may prescribe a reasonable charge to be paid by commercial farm owners or operators for travel expenses and other related services if inspections under this section involve unusual cost to the department. Moneys from fees and charges collected by the department under this subsection must be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department to be used for the purpose of enforcing ORS 632.835 to 632.850.

      (5)(a) Upon renewal of an egg handler’s license described in ORS 632.715 or a commercial egg breaker’s permit described in ORS 632.730, a commercial farm owner or operator that is engaged in the commercial production of eggs in this state shall provide the department with a business plan describing the manner by which the commercial farm intends to comply with the aspirational goals established by the Legislative Assembly in section 8a, chapter 436, Oregon Laws 2011, and the rules adopted pursuant to the amendments to this section by section 9, chapter 436, Oregon Laws 2011. Notwithstanding ORS 192.501 or 192.502, the business plan is a public record subject to full disclosure.

      (b) The department shall report annually to the Legislative Assembly on the rate at which commercial farm owners or operators that are engaged in the commercial production of eggs in this state are complying with the business plans submitted to the department under paragraph (a) of this subsection.

 

Note 3: The amendments to 632.840 by section 9, chapter 436, Oregon Laws 2011, become operative January 1, 2026. See section 10, chapter 436, Oregon Laws 2011. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.

      632.840. (1) The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 to 632.850. The rules must:

      (a) Be designed to promote humane welfare standards;

      (b) Be effective in protecting consumers from food-borne pathogens; and

      (c) Require that enclosures meet standards equivalent to the requirements for certification of enriched colony facility systems established in the American Humane Association’s farm animal welfare certification program. In no event may the rules authorize confining an egg-laying hen in an enclosure that provides less than 116.3 square inches of individually usable floor space per hen.

      (2) The department may impose a civil penalty pursuant to ORS 183.745, not to exceed $2,500, for violation of a provision of ORS 632.835 to 632.850.

      (3) The department shall inspect at reasonable times commercial farms engaged in the production of eggs for the purpose of enforcing the provisions of ORS 632.835 to 632.850.

      (4) The department may fix, assess and collect, or cause to be collected, from commercial farm owners or operators fees for the inspections performed by employees or agents of the department under subsection (3) of this section. The fees must have a uniform basis and must be in an amount reasonably necessary to cover the costs of the inspections and related administrative duties under ORS 632.835 to 632.850. The department shall adjust the fees under this subsection to meet any expenses necessary to carry out subsection (3) of this section and may prescribe a different fee scale for different localities. The department may prescribe a reasonable charge to be paid by commercial farm owners or operators for travel expenses and other related services if inspections under this section involve unusual cost to the department. Moneys from fees and charges collected by the department under this subsection must be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department to be used for the purpose of enforcing ORS 632.835 to 632.850.

 

Note 4: Sections 8a and 8b, chapter 436, Oregon Laws 2011, provide:

      Sec. 8a. The Legislative Assembly finds and declares that, in order to successfully comply with the rules adopted pursuant to section 4 of this 2011 Act [632.840], as amended by section 9 of this 2011 Act, no less than 25 percent of the enclosures used to confine egg-laying hens should, no later than January 1, 2020, meet standards equivalent to the requirements for certification of enriched colony facility systems established in the American Humane Association’s farm animal welfare program, as described in the rules adopted by the State Department of Agriculture under section 4 of this 2011 Act. [2011 c.436 §8a]

      Sec. 8b. Section 8a of this 2011 Act becomes operative on January 1, 2017. [2011 c.436 §8b]

 

Note 5: The amendments to section 8a, chapter 436, Oregon Laws 2011, by section 8c, chapter 436, Oregon Laws 2011, become operative January 1, 2020. See section 8d, chapter 436, Oregon Laws 2011. The text that is operative on and after January 1, 2020, is set forth for the user’s convenience.

      Sec. 8a. The Legislative Assembly finds and declares that, in order to successfully comply with the rules adopted pursuant to section 4 of this 2011 Act [632.840], as amended by section 9 of this 2011 Act, no less than 65 percent of the enclosures used to confine egg-laying hens should, no later than January 1, 2023, meet standards equivalent to the requirements for certification of enriched colony facility systems established in the American Humane Association’s farm animal welfare program, as described in the rules adopted by the State Department of Agriculture under section 4 of this 2011 Act.

 

Note 6: Section 10a, chapter 436, Oregon Laws 2011, provides:

      Sec. 10a. Section 8a of this 2011 Act is repealed on January 1, 2026. [2011 c.436 §10a]

 

      632.845 Prohibition against improper confinement of egg-laying hen. A commercial farm owner or operator may not confine an egg-laying hen in an enclosure that fails to comply with the rules adopted by the State Department of Agriculture under ORS 632.840. [2011 c.436 §2]

 

      632.850 Prohibition against selling products of improperly confined egg-laying hen. A person may not sell eggs or egg products that the person knows, or reasonably should know, are the product of an egg-laying hen that has been confined, during the production of the eggs, in an enclosure that fails to comply with the rules adopted by the State Department of Agriculture under ORS 632.840. [2011 c.436 §3]

 

GRADES, STANDARDS, INSPECTION AND CLASSIFICATION OF HORTICULTURAL AND AGRICULTURAL PRODUCTS

 

      632.900 “Horticultural and agricultural products” defined. As used in ORS 632.900 to 632.940 and 632.955 to 632.980, “horticultural and agricultural products”:

      (1) Includes articles of food, drinks, dairy products, forage products, livestock products, poultry products, apiary products, vermiculture products, nursery stock as defined in ORS 571.005 and seeds, bulbs and tubers that are not nursery stock, grown or produced in this state.

      (2) Does not include bakery products and alcoholic liquors. [Formerly 616.405; 1983 c.730 §5; 1997 c.460 §2; 2001 c.104 §246; 2003 c.602 §3; 2005 c.657 §7]

 

      632.905 Grades and standards for horticultural and agricultural products and containers; rules. In order to promote, protect, further and develop the agricultural industry of this state the State Department of Agriculture may adopt by rule official standards for grading and classifying any or all horticultural and agricultural products and official standards for containers of such products and may change any of such grades and standards from time to time. The grades and standards adopted by the department shall be in conformance to any and all laws of this state providing special grades or standards for any of such products or containers. With respect to canned goods, the department is empowered to adopt only definitions and standards of identity, quality and fill of containers. Unless modified, altered or revoked, grades and standards in force on February 2, 1939, shall continue to be official as though adopted under ORS 632.900 to 632.940 and 632.955 to 632.980. [Formerly 616.410; 1979 c.91 §3]

 

      632.910 Factors to be considered in establishing grades, standards or classifications. (1) In establishing, under any law of this state, any grades, standards or classifications for any horticultural or agricultural products, the State Department of Agriculture, in addition to other factors as may be specified by law, shall take into account and base the grades, standards or classifications upon the following factors that are applicable to the product involved:

      (a) Degree of maturity;

      (b) Size, measured by dimensions or weight;

      (c) Degree of freshness, as determined by physical examination or chemical test or analysis;

      (d) Moisture content;

      (e) Uniformity;

      (f) Color;

      (g) Firmness;

      (h) Tenderness;

      (i) Freedom from injury;

      (j) Freedom from insect pests;

      (k) Diseases;

      (L) Appearance;

      (m) Freedom from mixture with other varieties;

      (n) Freedom from noxious weeds or weed seeds;

      (o) Freedom from decay;

      (p) Conformation;

      (q) Soundness;

      (r) Varietal characteristics or type;

      (s) Number of specimens per pound;

      (t) Nature of pack;

      (u) Presence of dirt or other foreign material;

      (v) Condition as to temperature and extent to which the product is hot or heating or is in a sour condition;

      (w) Extent to which commodity is satisfactory for human or other consumption or use, as the case may be;

      (x) Extent to which the product has been affected by handling or treatment;

      (y) Extent to which the product has a commercially objectionable odor or flavor; and

      (z) Other factors indicative of quality or condition, and the value or suitability of the commodity involved for the commercial or other use to be made thereof.

      (2) In addition, the department shall take into account any grades, standards or classifications for a product established by the United States Department of Agriculture and also applicable federal grades and standards laws. [Formerly 616.415; 1997 c.460 §3; 2003 c.14 §380]

 

      632.915 Consideration of commercial or other use; change of grades, standards or classifications. The factors that the State Department of Agriculture must consider in establishing grades, standards or classifications for a horticultural or agricultural product, or processes used in connection with a horticultural or agricultural product, apply to the extent and in the manner that those factors relate to the quality, quantity and condition of that product and the value and suitability of the product for the commercial or other use to which the product normally is put. The department may change the grades, standards or classifications established by the department to:

      (1) Conform more nearly to commercial or trade requirements, practices or methods;

      (2) Meet changed conditions;

      (3) Comply with new and improved methods of handling, processing, packing, transporting, marketing or using the product involved;

      (4) Apply or make effective any new and improved method of test, analysis or examination of the quality or condition of that product or the value or suitability of the product for its normal use; and

      (5) Comply with new methods of controlling insect pests and diseases. [Formerly 616.420; 2003 c.602 §4]

 

      632.918 Classifications and standards for certified horticultural and agricultural processes; rules. The State Department of Agriculture may adopt by rule classifications and standards for horticultural and agricultural processes certified under ORS 632.940. Classifications and standards for horticultural and agricultural processes adopted under this section are in addition to the grades, standards or classifications for horticultural or agricultural products or containers adopted under ORS 632.905 and 632.910. [2003 c.602 §2]

 

      Note: 632.918 was added to and made a part of 632.900 to 632.935 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

 

      632.920 Compliance with Administrative Procedures Act. The State Department of Agriculture shall comply with the requirements of ORS chapter 183 in adopting standards under ORS 632.905 or any alterations or modifications to such standards. [Formerly 616.425; 1979 c.91 §4]

 

      632.925 [Formerly 616.430; repealed by 1979 c.91 §6]

 

      632.930 [Formerly 616.435; repealed by 1979 c.91 §6]

 

      632.935 Adoption of United States standards; cooperation with United States. The State Department of Agriculture may establish as the official standard for this state for any horticultural or agricultural product or container, any standard which may have been promulgated or announced therefor under the authority of the Congress of the United States, and the department is authorized to cooperate with the United States, or any department thereof, in accomplishing the matters and things provided for in ORS 632.900 to 632.940 and 632.955 to 632.980. [Formerly 616.440; 1979 c.91 §5]

 

      632.940 Inspection and classification of horticultural and agricultural products by department; fees and charges. (1) Except as provided in ORS 632.945, the State Department of Agriculture may designate an employee or agent of the department to inspect or classify horticultural and agricultural products, or the processes used in connection with those products, when those services are requested by persons having an interest in the products or processes.

      (2) The department may ascertain and certify to the interested persons the grade, classification, quality, condition or amount of the products, the processes used in connection with the products or other pertinent facts relating to the products or processes that the persons may request.

      (3) The department may fix, assess and collect, or cause to be collected, fees for the services performed by employees or agents of the department under this section. The fees must have a uniform basis and be in an amount reasonably necessary to cover the cost of the inspection and administration of this section. The department shall adjust the fees to be collected under this section to meet the expenses necessary to carry out the provisions of this section, and may prescribe a different scale of fees for different localities.

      (4) The department may prescribe a reasonable charge for traveling expenses and services if performing the services described in this section involves unusual cost to the department.

      (5) All fees and charges received by the department under this section and ORS 632.211, 632.600 and 632.945 must be deposited in the Department of Agriculture Service Fund, and are continuously appropriated to the department for the enforcement of this section and ORS 632.211, 632.600 and 632.945. [Formerly 616.445; 1979 c.499 §29; 1997 c.410 §3; 2003 c.602 §5; 2013 c.120 §4]

 

      632.945 Procedure for department inspection and classification; collection of costs; fees. (1) Under such conditions as the State Department of Agriculture may prescribe by rule, the department, through any competent employee or agent, shall inspect or classify produce in accordance with standards specified in the written agreement between the grower and the handler for sale of the produce. The methods and procedures for inspection or classification of produce shall be in accordance with such rules as the department may prescribe.

      (2) The department shall ascertain and certify to the parties to the written agreement the grade, classification, quality, condition or amount of the produce and any other pertinent facts relating to such produce that a party to the written agreement may request.

      (3) The department may fix, assess and collect or cause to be collected from the handler, fees for such services in the manner and to the extent provided by ORS 632.940. All such fees are continuously appropriated to the department for the enforcement of ORS 632.940 to 632.980.

      (4) As used in this section:

      (a) “Grower” means any person engaged in the business of growing or producing any produce in this state and includes any cooperative organization composed exclusively of growers and handling exclusively the produce of its own members and operating under and by virtue of the laws of this state or of any other state or of the United States.

      (b) “Handler” means a person or the agent of the person who processes produce the person has purchased or otherwise acquired in this state from a grower.

      (c) “Produce” means any fruit or vegetable grown or produced by a grower and of which total sales by growers to handlers for the previous growing season totaled more than $1 million. The department shall determine and verify the application of this defined term, and the total sales value herein specified, and for this purpose shall be authorized to inspect books and records and require reports. [1973 c.587 §3]

 

      632.950 Termination of department inspection activities by grower vote; election procedure; costs. At any time before or after the State Department of Agriculture is conducting the inspection and classification of a particular fruit or vegetable at a particular plant of a handler, if 51 percent of the growers who produce 60 percent or more of that product vote against the department inspection and classification of that particular product, the department shall not inaugurate such inspection, or if already inspecting shall terminate such inspections. To have such an election 20 percent of the growers shipping that product to the handler shall petition the department. If the department finds the petition in order it shall conduct an election. The costs of the election and the method and time of voting shall be specified by the department and the petitioners for such election shall pay such costs prior to any vote. Once an election has been held to reject inspection no new election either to require inspection or to reject inspection shall be held in less than one year following the previous election. All subsequent elections shall require the same percentage of petitioners for the election and the same percentage vote of growers and volume of product as provided in this section. The costs of all elections shall be assessed to the petitioners for each election and shall be paid to the department prior to such election. [1973 c.587 §4]

 

      632.955 Investigation of complaint of purchaser’s misrepresentation of product; inspection and classification of products received by purchaser. Upon complaint of any person to the State Department of Agriculture that the grade, classification, quality, condition or amount of any horticultural or agricultural product is being misrepresented by the purchaser thereof, or that the grades are not being made by the purchaser in accordance with the purchase agreement, the department shall investigate such complaint and, when in its opinion such complaint is justified, shall order such purchaser so misrepresenting to cease and desist from such practices in addition to the other provisions of ORS 632.900 to 632.940 and 632.955 to 632.980. Upon failure of the purchaser to so cease and desist from such practices, the department shall designate its agent to inspect and classify all such products received by such purchaser, the cost of such service to be fixed, assessed and collected from such purchaser as provided in ORS 632.940. This section does not apply to a cooperative association nor to a person deriving the major livelihood of the person from a farm or orchard which the person operates either as owner or renter. [Formerly 616.450]

 

      632.960 Appeal to department for classification; fee. Whenever any quantity of any horticultural or agricultural product has been inspected under ORS 632.940 and 632.955 to 632.980 and a question arises as to whether the certificate issued therefor shows the true grade, classification, quality or condition of such product, any interested person, subject to such regulations as the State Department of Agriculture may prescribe, may appeal the question to the department. The department is authorized to cause such investigation to be made and such tests to be applied as it may deem necessary and to determine and issue a finding as to the true grade or classification of the product or the quality or condition thereof. Whenever any appeal is taken to the department under this section it shall charge and assess and collect, or cause to be collected, a reasonable fee, to be fixed by it, which shall be refunded if the appeal is sustained. [Formerly 616.455]

 

      632.965 Certificate of grade, classification, quality or condition as prima facie evidence. A certificate, when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality or condition of any horticultural or agricultural product, issued under ORS 632.900 to 632.940 and 632.955 to 632.980 and all certificates issued under authority of the Congress of the United States relating to the grade, classification, quality or condition of horticultural or agricultural products shall be accepted in any court of this state as prima facie evidence of the true grade, classification, condition or quality of the horticultural or agricultural products at the time of its inspection. [Formerly 616.460]

 

      632.970 Misrepresentation of grades and standards for horticultural or agricultural products; improper use of insignia indicating grade. If any quantity of any horticultural or agricultural product has been inspected and a certificate issued under ORS 632.900 to 632.940 and 632.955 to 632.980 showing the grade, classification, quality or condition thereof, no person shall represent that the grade, classification, quality or condition of the product at the time and place of the inspection was other than as shown by the certificate. Whenever any standard for the grading or classification of any horticultural or agricultural product becomes effective under ORS 632.900 to 632.940 and 632.955 to 632.980, and any word or words, figure or letter, has been adopted by the State Department of Agriculture to indicate the grade or quality of the horticultural or agricultural product contained in any container or package, no person, firm or corporation shall use any of such words, letters or figures, in connection with any container or package, to represent the grade or quality of the horticultural or agricultural product contained therein, to be sold or offered for sale, if such product does not meet the requirements of the grade indicated by the marking. [Formerly 616.465]

 

      632.975 Use of containers not conforming to standard. Whenever any standard for a container for any horticultural or agricultural product becomes effective under ORS 632.900 to 632.940 and 632.955 to 632.980, no person thereafter shall pack or place for sale, offer for sale, consign for sale or sell and deliver, in a container, any such horticultural or agricultural product to which the standard is applicable, unless the container conforms to the standard, subject to such variations therefrom as may be allowed by law or by rules and regulations made pursuant to law, unless such product is brought from outside the state and offered for sale, consigned for sale, or sold in the original package which is a standard package in the state of origin. This section does not apply to horticultural or agricultural products packed for and sold as gift packages, and shipped in containers, the specifications of which, or a sample of which, have been submitted to and approved by the State Department of Agriculture. [Formerly 616.470]

 

      632.980 Improper grading and incorrect certificates prohibited. No person shall, under ORS 632.900 to 632.940 and 632.955 to 632.980, knowingly inspect, grade or classify improperly any horticultural or agricultural product or knowingly give any incorrect certificate of grade, classification, quality or condition. [Formerly 616.475]

 

      632.985 Transporting of agricultural or horticultural products subject to inspection; notice. (1) An operator or person in charge of any motor vehicle may not transport on the streets or highways of this state any agricultural or horticultural products for which inspection is required by law, out of, into or through any inspection district, so designated by the State Department of Agriculture, or out of, into or through any city that has been declared an inspection point, unless the operator or person has given notice by mail or in person to the nearest office or inspector of the department, that such products or any thereof are available for inspection as required by law.

      (2) Every person receiving any shipment, load or lot of such products, that has not been inspected, for the purpose of sale or storage in such quantities and in such places as would require inspection, shall give notice within 24 hours by mail or in person, to the nearest office or inspector of the department that the products have been received and are being held for inspection. [Formerly 616.480; 2013 c.118 §6]

 

PENALTIES

 

      632.990 Criminal penalties. (1) Violation of ORS 632.216 or 632.226 is a Class C misdemeanor.

      (2) Violation of any provision of ORS 632.275 to 632.290 or of any rule adopted under ORS 632.275 to 632.290 is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense.

      (3) Violation of any provision of ORS 632.450 to 632.490 or of any rule adopted under ORS 632.450 to 632.490 is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense.

      (4) Violation of ORS 632.625 is a Class C misdemeanor.

      (5) Violation of any provision of ORS 632.705 to 632.815 is a Class D violation for a first offense, and a Class B violation for a second or subsequent offense.

      (6) Violation of any provision of ORS 632.900 to 632.985 or of any rule adopted under ORS 632.900 to 632.985 is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense. [Amended by 1955 c.363 §13; 1955 c.711 §15; subsection (2) of 1955 Replacement Part enacted as 1955 c.363 §15; subsection (3) enacted as 1955 c.711 §16; 1975 c.748 §18a; 1997 c.410 §4; 1999 c.1051 §212; 2003 c.14 §381; 2009 c.175 §2; 2011 c.597 §255; 2013 c.120 §5]

 

      632.995 Civil penalties; rules; hearing; disposition of moneys. (1) In addition to any penalty available under ORS 561.190 or 632.990, the State Department of Agriculture may impose a civil penalty for a violation of ORS 632.216, 632.226, 632.275 to 632.290, 632.450 to 632.490, 632.625, 632.705 to 632.815 or 632.900 to 632.985 or of rules adopted under ORS 632.216, 632.226, 632.275 to 632.290, 632.450 to 632.490, 632.625, 632.705 to 632.815 or 632.900 to 632.985. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.

      (2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.

      (3) When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.

      (4) Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 §24; 2013 c.120 §6]

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