632.005 [Amended by 1959 c.633 §2; 1961 c.655 §1; repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
Title 49 — Food and Other Commodities: Purity, Sanitation, Grades, Standards, Labels, Weights and Measures
Chapter 632 — Production, Grading and Labeling Standards for
185 sections632.007 [1961 c.655 §6; 1965 c.582 §21; renumbered 632.710]renumbered
No operative statutory text appears at this designation in the selected edition.
632.010 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.015 [Amended by 1959 c.633 §3; repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.020 [Amended by 1959 c.633 §4; repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.025 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.030 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.035 [Amended by 1959 c.633 §5; 1961 c.655 §3; repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.040 [Renumbered 632.730]renumbered
No operative statutory text appears at this designation in the selected edition.
632.045 [Amended by 1961 c.425 §16; repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.050 [Amended by 1959 c.633 §6; repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.055 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.060 [Renumbered 632.755]renumbered
No operative statutory text appears at this designation in the selected edition.
632.065 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.067 [1959 c.633 §9; 1961 c.655 §4; repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.070 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.075 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.080 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.085 [Renumbered 632.750]renumbered
No operative statutory text appears at this designation in the selected edition.
632.090 [Amended by 1955 c.91 §1; 1959 c.633 §7; repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.092 [1959 c.633 §8; repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.095 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.097 [1961 c.655 §7; 1965 c.582 §19; renumbered 632.760]renumbered
No operative statutory text appears at this designation in the selected edition.
632.098 [1961 c.655 §8; repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.100 [Subsection (2) of 1961 Replacement Part enacted as 1961 c.655 §9; repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.105 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.110 [Renumbered 632.815]renumbered
No operative statutory text appears at this designation in the selected edition.
632.115 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.120 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.125 [Repealed by 1965 c.582 §24]repealed
No operative statutory text appears at this designation in the selected edition.
632.205 [Repealed by 1955 c.363 §16]repealed
No operative statutory text appears at this designation in the selected edition.
632.206 [1955 c.363 §1; repealed by 2019 c.108 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.210 [Repealed by 1955 c.363 §16]repealed
No operative statutory text appears at this designation in the selected edition.
632.211 Establishment of grades and standards; grading and inspection fee
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. The department may fix and collect a fee for grading and in…
632.215 [Repealed by 1955 c.363 §16]repealed
No operative statutory text appears at this designation in the selected edition.
632.216 [1955 c.363 §2; repealed by 2019 c.108 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.220 [Repealed by 1955 c.363 §16]repealed
No operative statutory text appears at this designation in the selected edition.
632.221 [1955 c.363 §3; repealed by 2019 c.108 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.225 [Repealed by 1955 c.363 §16]repealed
No operative statutory text appears at this designation in the selected edition.
632.226 [1955 c.363 §4; repealed by 2019 c.108 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.230 [Repealed by 1955 c.363 §16]repealed
No operative statutory text appears at this designation in the selected edition.
632.231 [1955 c.363 §5; repealed by 2019 c.108 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.235 [Repealed by 1955 c.363 §16]repealed
No operative statutory text appears at this designation in the selected edition.
632.236 [1955 c.363 §6; 2013 c.119 §2; repealed by 2019 c.108 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.240 [Repealed by 1955 c.363 §16]repealed
No operative statutory text appears at this designation in the selected edition.
632.241 [1955 c.363 §7; repealed by 2013 c.119 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.245 [Repealed by 1955 c.363 §16]repealed
No operative statutory text appears at this designation in the selected edition.
632.246 [1955 c.363 §9; repealed by 2019 c.108 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.250 [Repealed by 1955 c.363 §16]repealed
No operative statutory text appears at this designation in the selected edition.
632.251 [1955 c.363 §10; repealed by 2019 c.108 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.255 [1955 c.363 §11; repealed by 1965 c.276 §2]repealed
No operative statutory text appears at this designation in the selected edition.
632.260 [1955 c.363 §12; repealed by 2019 c.108 §1]repealed
No operative statutory text appears at this designation in the selected edition.
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 equ…
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: The use, without the consent provided for in ORS 632.290, of such container, supplies or equipment by any person …
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 cons…
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, descr…
632.305 [Repealed by 1955 c.711 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.306 [1955 c.711 §§2,5; 1957 c.96 §1; repealed by 1997 c.410 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.310 [Repealed by 1955 c.711 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.311 [1955 c.711 §4; repealed by 1997 c.410 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.315 [Repealed by 1955 c.711 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.316 [1955 c.711 §13; repealed by 1997 c.410 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.320 [Repealed by 1955 c.711 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.321 [1955 c.711 §6; 1957 c.96 §2; repealed by 1997 c.410 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.325 [Repealed by 1955 c.711 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.326 [1955 c.711 §7; 1957 c.96 §3; repealed by 1997 c.410 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.330 [Repealed by 1955 c.711 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.331 [1955 c.711 §8; 1957 c.96 §4; repealed by 1997 c.410 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.335 [Repealed by 1955 c.711 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.336 [1955 c.711 §9; 1957 c.96 §5; 1993 c.46 §2; repealed by 1997 c.410 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.340 [Repealed by 1955 c.711 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.341 [1955 c.711 §10; 1993 c.46 §1; repealed by 1997 c.410 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.345 [Repealed by 1955 c.711 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.346 [1955 c.711 §11; repealed by 1997 c.410 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.350 [Repealed by 1955 c.711 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.351 [1955 c.711 §12; repealed by 1997 c.410 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.355 [Repealed by 1955 c.711 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.356 [1955 c.711 §14; repealed by 1965 c.276 §2]repealed
No operative statutory text appears at this designation in the selected edition.
632.360 [Repealed by 1955 c.711 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.361 [1955 c.711 §3; repealed by 1997 c.410 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.405 [Repealed by 2007 c.71 §189]repealed
No operative statutory text appears at this designation in the selected edition.
632.410 [Repealed by 2013 c.120 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.415 [Repealed by 2013 c.120 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.420 [Repealed by 2013 c.120 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.425 [Repealed by 2013 c.120 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.430 [Repealed by 2013 c.120 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.435 [Repealed by 1965 c.276 §2]repealed
No operative statutory text appears at this designation in the selected edition.
632.440 [Repealed by 2013 c.120 §1]repealed
No operative statutory text appears at this designation in the selected edition.
632.450 Definitions for ORS 632.450 to 632.485
As used in ORS 632.450 to 632.485: “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. “Container” means the box, crate, lug, chest, basket, carton, barrel, keg, drum, sack, hamper, bag, bin, tray, bucket or ot…
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 coun…
632.460 Establishment of grades, branding and packing requirements; rules
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. 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 ch…
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 add…
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.
632.475 Possession of unlabeled, falsely labeled or deceptively packed products
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. The possession for sale or transportation by such person of any such horticultural products so falsely marked, la…
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.
632.485 Enforcement; entry and inspection; seizure
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 vegeta…
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 …
632.495 Labeling of exported horticultural commodities and commodity packs; rules
As used in this section: “Commodity”: Means a distinctive class, type, variety or utilization of a product in a natural or unprocessed state. Does not mean canned, bottled, frozen, dried, candied or brined products. “Commodity pack” means a packaged or wrapped unit of horticultural commodity transported inside a shipping container. “Shipping container” …
632.505 [Repealed by 2007 c.71 §190]repealed
No operative statutory text appears at this designation in the selected edition.
632.510 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.515 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
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 …
632.520 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.521 Grades and standards established by repealed statute; continued in effect until supersededrepealed
No operative statutory text appears at this designation in the selected edition.
632.525 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.530 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.535 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.540 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.545 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.550 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.555 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.560 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.565 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.570 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.575 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
632.580 [Repealed by 1955 c.239 §8]repealed
No operative statutory text appears at this designation in the selected edition.
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.
632.590 Labeling
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: Name of the state in which such nuts were grown. Grade or registered brand and size of nuts in the container. Name and address of the gro…
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 soun…
632.600 Inspection districts; inspection, reinspection and fees
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. All unshelled walnuts and unshelled filberts shipped out of or into or received in such inspection districts or inspection…
632.605 [Subsection (2) enacted as 1955 c.239 §4; repealed by 1965 c.276 §2]repealed
No operative statutory text appears at this designation in the selected edition.
632.610 Duty to notify department of availability for inspection
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 …
632.615 Enforcement; inspection certificate as evidence; rules
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…
632.620 [Amended by 2009 c.175 §23; repealed by 2011 c.597 §309]repealed
No operative statutory text appears at this designation in the selected edition.
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: “Adulterated” has the meaning given that term in ORS 616.235. “At retail” means a sale or transaction between a retailer and a consumer. “Bulk sale” means the sale of eggs in containers other than consumer containers. “Candling” means the examination of the interior of eggs by the use of transmitted light used in a part…
632.710 [Formerly 632.007; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
632.715 Egg handler’s license
Unless the person holds a permit issued under ORS 632.730, a person may not 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 is not required: Of a producer selling and delivering eggs of the producer’s own production directl…
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. 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 lice…
632.725 [1965 c.582 §4; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
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 …
632.735 [1965 c.582 §5; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
632.740 [1965 c.582 §6; repealed by 1975 c.748 §5 (632.741 enacted in lieu of 632.740)]repealed
No operative statutory text appears at this designation in the selected edition.
632.741 Additional fee; reports; records; exceptions
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 r…
632.745 When invoices required; exception; availability for inspection
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 in…
632.750 [Formerly 632.085; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
632.755 [Formerly 632.060; repealed by 1975 c.748 §8 (632.756 enacted in lieu of 632.755)]repealed
No operative statutory text appears at this designation in the selected edition.
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.
632.760 [Formerly 632.097; repealed by 1975 c.748 §10 (632.761 enacted in lieu of 632.760)]repealed
No operative statutory text appears at this designation in the selected edition.
632.761 Authority of department
The State Department of Agriculture is authorized to: 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. Seize, embargo or detain, in accordance with the provisi…
632.765 [1965 c.582 §8; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
632.770 [1965 c.582 §9; repealed by 1975 c.748 §12 (632.771 enacted in lieu of 632.770)]repealed
No operative statutory text appears at this designation in the selected edition.
632.771 Information on container label; sale from bulk display; advertising; ungraded eggs
The labeling of any container used by an egg handler shall include the information required by the federal Act or rules promulgated thereunder, or: The full, correct and unabbreviated designation of size and grade or quality of the eggs; The common or usual name, if any there be, of the eggs or egg product; The lot or production code, number or date; The…
632.775 [1965 c.582 §10; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
632.780 [1965 c.582 §11; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
632.785 [1965 c.582 §12; repealed by 1975 c.748 §14 (632.786 enacted in lieu of 632.785)]repealed
No operative statutory text appears at this designation in the selected edition.
632.786 Prohibited acts
No person shall: 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; Fail to pay the fees or obtain the permit required by ORS 632.741; Fail to furnish the invoices required by ORS 632.745; As an egg handler, use …
632.790 [1965 c.582 §14; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
632.795 [1965 c.582 §15; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
632.800 [1965 c.582 §16; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
632.805 [1965 c.582 §17; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
632.807 [1967 c.250 §2; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
632.810 [1965 c.582 §18; 1967 c.250 §3; repealed by 1975 c.748 §16 (632.811 enacted in lieu of 632.810)]repealed
No operative statutory text appears at this designation in the selected edition.
632.811 Rules; considerations in promulgating rules
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: The establishment of fees under ORS 632.741, and the times and manner of payment thereof; The reports and records to be made or kept under …
632.812 [1967 c.250 §1; repealed by 1975 c.748 §19]repealed
No operative statutory text appears at this designation in the selected edition.
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. (Laying Conditi…
632.835 Definitions for ORS 632.835 to 632.849
As used in ORS 632.835 to 632.849: “Cage-free housing system” means an indoor or outdoor controlled environment for egg-laying hens within which the hens: May roam unrestricted, other than by external walls; Are provided with enrichments that allow the hens to exhibit natural behavior, including, at a minimum, scratch areas, perches, nest boxes and dust b…
632.838 Legislative findings
The Legislative Assembly finds and declares that the regulation of egg production and of the sale of eggs and egg products, as described in ORS 632.835 to 632.849, is necessary to protect the health and welfare of consumers, to promote food safety, to advance animal welfare and to protect this state against the negative fiscal impacts associated with a lack …
632.840 Manner of confining egg-laying hen; business plan for compliance; rules; inspections; fees; report; penalty
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 632.849. The rules must: Be designed to promote humane welfare standards; Be effective in protecting consumers from food-borne pathogens; Require that egg-laying hens be housed in a cage-free h…
632.842 Relation to animal welfare laws
ORS 632.835 to 632.849 are in addition to, and not in lieu of, any laws protective of animal welfare. ORS 632.835 to 632.849 do not limit any other Oregon laws or rules protecting the welfare of animals or prohibit the adoption or enforcement of animal welfare laws or regulations by a local government as defined in ORS 174.116.
632.845 Prohibition against improper confinement of egg-laying hen
Except as provided in subsection (2) of this section, 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. Subsection (1) of this section does not apply to the confinement of an egg-laying hen: During medical research; Dur…
632.847 Commerce in eggs or egg products from noncompliant production
Except as provided under subsection (2) of this section, a person may not buy, sell, offer to buy or sell, transport or offer to transport in intrastate commerce, or accept receipt of, an egg or egg product that was not produced in compliance with ORS 632.845. Subsection (1) of this section does not apply to a sale of eggs or egg products at an official pla…
632.849 Production exempt from compliance
ORS 632.835 to 632.849 do not apply to: A commercial farm owner or operator with annual egg production from a flock of not more than 3,000 egg-laying hens; or Eggs produced by a commercial farm owner or operator described in subsection (1) of this section.
632.850 [2011 c.436 §3; repealed by 2019 c.686 §12]repealed
No operative statutory text appears at this designation in the selected edition.
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”: 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 produce…
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 ti…
632.910 Factors to be considered in establishing grades, standards or classifications
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 pro…
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 produc…
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 produc…
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.
632.925 [Formerly 616.430; repealed by 1979 c.91 §6]repealed
No operative statutory text appears at this designation in the selected edition.
632.930 [Formerly 616.435; repealed by 1979 c.91 §6]repealed
No operative statutory text appears at this designation in the selected edition.
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 departme…
632.940 Inspection and classification of horticultural and agricultural products by department; fees and charges
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. The department may a…
632.945 Procedure for department inspection and classification; collection of costs; fees
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 o…
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 …
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 …
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…
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, qu…
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 …
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, …
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.
632.985 Transporting of agricultural or horticultural products subject to inspection; notice
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…
632.990 Criminal penalties
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. 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 offe…
632.995 Civil penalties; rules; hearing; disposition of moneys
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 632.275 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 632.275 to 632.290, 632.450 to 632.490, 632.625, 632.705 to 632.815 or 632.900 to 632.9…