Chapter 632 — Production, Grading and Labeling Standards for

ORS 632.495 Labeling of exported horticultural commodities and commodity packs; rules

(1)

As used in this section:

(a)

“Commodity”:

(A)

Means a distinctive class, type, variety or utilization of a product in a natural or unprocessed state.

(B)

Does not mean canned, bottled, frozen, dried, candied or brined products.

(b)

“Commodity pack” means a packaged or wrapped unit of horticultural commodity transported inside a shipping container.

(c)

“Shipping container” means a closed receptacle used for bulk transport of horticultural commodities or commodity packages.

(d)

“United States” means a state, territory or insular possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico.

(2)

A horticultural commodity or commodity pack is exempt from labeling requirements imposed under ORS 632.450 to 632.490, 632.516 to 632.625 or 632.900 to 632.940 or ORS chapter 616 if:

(a)

The commodity is being exported from the United States; and

(b)

The commodity or commodity pack is transported in a shipping container that bears a label stating the commodity is for export only and bears any other labeling, information or markings the State Department of Agriculture determines by rule to be necessary for avoiding confusion, misrepresentation or deception regarding the commodity.

(3)

A horticultural commodity or commodity pack that temporarily leaves the United States while in transit to a destination in the United States does not qualify for a labeling exemption under this section.

(4)

If the exportation of a horticultural commodity is canceled, the commodity owner shall:

(a)

Ensure that the commodity or commodity pack is relabeled in accordance with any applicable provisions of ORS 632.450 to 632.490, 632.516 to 632.625 or 632.900 to 632.940 or ORS chapter 616; or

(b)

Dispose of the commodity or commodity pack in a manner approved by the department.