Division 1 PROCEDURAL RULES

Or. Admin. R. 603-001-0001 Procedure for Notice of Intended Rulemaking

In order to provide a reasonable opportunity for interested persons to be notified of the Department's proposed administrative rulemaking actions, the Department shall give notice of its proposed adoption, amendment, or repeal of any administrative rule prior to such adoption, amendment, or repeal of any administrative rule in the following manner:

(1) By causing the Notice to be published in the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days prior to the effective date of the proposed action with the exception of temporary rules which may become effective upon filing with the Secretary of State pursuant to ORS 183.355(2)(b);

(2) By mailing a copy of the Notice to persons on each of the appropriate departmental lists established pursuant to ORS 183.335(8);

(3) By mailing a copy of the Notice to known interested persons, or in lieu thereof, organizations or associations known to represent such interested persons.

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 561.190
DOA 20-2019, amend filed 10/10/2019, effective 10/10/2019
DOA 5-2004, f. & cert. ef 2-10-04
DOA 21-2002, f. & cert. ef. 9-3-02
DOA 9-2001, f. & cert. ef. 5-4-01
AD 1078(2-76), f. & ef. 1-16-76

Or. Admin. R. 603-001-0005 Model Rules of Procedure

The Attorney General’s “Model Rules of Procedure Under the Administrative Procedures Act,” effective July 2014 are hereby adopted as the rules of procedure for the Department in its rulemaking activities, declaratory ruling activities, and contest case considerations.

History

Statutory/Other Authority: ORS 183.341(1)
Statutes/Other Implemented: ORS 183.341(1)
DOA 14-2017, f. & cert. ef. 8-30-17
DOA 1-2003, f. & cert. ef. 1-7-03
DOA 4-2002, f. & cert. ef. 1-28-02
DOA 5-1998, f. & cert. ef. 5-20-98
AD 16-1993, f. & cert. ef. 11-24-93
AD 5-1986, f. & ef. 2-11-86
AD 23-1981, f. & ef. 11-24-81
AD 1-1980, f. & ef. 1-24-80
AD 4-1978, f. & ef. 5-11-78
AD 1090(13-76), f. & ef. 3-26-76
AD 999(13-73), f. 10-26-73, ef. 11-25-73
AD 953(20-71), f. 10-20-71, ef. 11-11-71

Or. Admin. R. 603-001-0110 Uniform Date Statements are Mailed

Unless a different time is specified by law, the monthly date on which the Department shall forward its itemized statement for any amount owing for services and materials on which credit has been extended shall be on or before the 5th business day of each month. The amount specified in the statement is due and payable to the Department within 15 days after this statement is forwarded by the Department.

History

Statutory/Other Authority: ORS 183, 192, 561 & 603
Statutes/Other Implemented: ORS 183, 192, 561 & 603
AD 9-1984, f. & ef. 7-6-84
AD 791(15-64), f. 9-24-64, cert. ef. 11-1-64

Or. Admin. R. 603-001-0120 Meat Dealer License Refunds

The following procedure shall be applicable to requests for refunds as provided in ORS 603.027:

(1) The licensee shall submit his written application for refund, which may be in letter form, to the Department, which shall include:

(a) The last business day the license was effective; and

(b) The name and full mailing address of the new licensee.

(2) The application shall be accompanied by the license being terminated.

(3) The application and license shall be submitted to the Department within 30 days of the last business day the license was effective.

(4) The Department shall base such refunds upon calendar quarters of the licensing year for which the refund is sought.

(5) Upon making such refund to the applicant, the Department shall thereafter refund to the new licensee an amount equal to the unrefunded portion of the annual license fee.

History

Statutory/Other Authority: ORS 183, 192, 561 & 603
Statutes/Other Implemented: ORS 183, 192, 561 & 603
AD 9-1984, f. & ef. 7-6-84
AD 1091(14-76), f. & ef. 4-9-76

Or. Admin. R. 603-001-0125 Purpose and Policy

In order to implement the provisions of ORS 183.330(1) requiring each agency to publish its methods for the public to obtain information, and in order to implement the provisions of ORS 192.318 so as to provide reasonable rules necessary for the protection of department records and to prevent interference with the regular discharge of the department’s duties, the department adopts the procedures set forth in OAR 603-001-0130 to 603-001-0165. Such procedures shall apply to requests for inspection or copying of public records of the department, and to requests for the department to prepare and supply certified or other types of copies of public records. Procedures for review of any departmental denial of public records inspections or public record copies are to be in accordance with the provisions of ORS 192.450 to 192.490. It is the policy of the department to attempt to balance those public interests that favor disclosure against those public interests that favor governmental confidentiality with a presumption in favor of disclosure.

History

Statutory/Other Authority: ORS 183, 192.005 & 561
Statutes/Other Implemented: ORS 183, 192.005 & 561
DOA 23-2024, minor correction filed 11/05/2024, effective 11/05/2024
DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05
AD 1114(35-76), f. & ef. 12-20-76

Or. Admin. R. 603-001-0130 Procedures for Obtaining General Information

Except as otherwise provided in OAR 603-001-0125 to 603-001-0170, requests for information shall be directed to the department’s Information Officer at the Agriculture Building, 635 Capitol Street, N.E., Salem, OR 97301.

History

Statutory/Other Authority: ORS 183 & 561
Statutes/Other Implemented: ORS 192.005
DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05
AD 1114(35-76), f. & ef. 12-20-76

Or. Admin. R. 603-001-0135 Procedures for Inspection or Copying of Public Records

(1) Requests for inspection or copying of public records shall be made either, via FAX, via e-mail, or in writing and shall be directed to the appropriate Program Directors or Assistant Director of Agriculture responsible for the pertinent activity, as shown in the organizational description set forth in OAR 603-001-0155. All requests shall be made at or directed to the department’s principal office located at 635 Capitol Street, N.E., Salem, OR 97301. Requests delivered in person shall be done between the hours of 8:30 a.m. to 11:30 a.m. and 1:00 p.m. to 4:30 p.m. Monday through Friday of each week except holidays. Receipt of a request shall be acknowledged in writing by the department, and the required fees, if any, for research and copies, and the time and place the requested records would be available for inspection or copying.

(2) Requests for inspection or copying of public records, which would result in any of the following, shall only be accepted if made in writing, and then shall be subject to the provisions of OAR 603-001-0140(2):

(a) If the department is required to search for or to collect the requested public records from department field facilities or from other offices separate from the department’s principal office;

(b) If the department is required to search for, collect, examine, or sort voluminous and separate records or documents in order to comply with such request; or

(c) If the department is required to consult with another public body or agency having any interest in the propriety of such request.

(3) The provisions of OAR 603-001-0145 apply to this type of request.

History

Statutory/Other Authority: ORS 183 & 561
Statutes/Other Implemented: ORS 192.420
DOA 20-2017, amend filed 11/20/2017, effective 11/20/2017
DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05
AD 1114(35-76), f. & ef. 12-20-76

Or. Admin. R. 603-001-0140 Procedures for Obtaining Copies of Public Records

(1) Requests for certified or other types of copies of public records shall be made, via FAX, via e-mail, or in writing and shall include a reasonably specific description of the particular record copy requested, i.e., the type of document, the subject matter, the approximate document date, and the name of the firm or person identified in the document (if pertinent).

(2) Subject to the provisions of OAR 603-001-0150, requested copies of public records shall be submitted to the requester within 10 days of the receipt of the request, unless any of the conditions set forth in OAR 603-001-0135(2) would result in a requirement for additional time. If such additional time is required, the department shall notify the requester of such fact within the 10-day period stated above.

(3) The provisions of OAR 603-001-0145 apply to this type of request.

History

Statutory/Other Authority: ORS 183 & 561
Statutes/Other Implemented: ORS 192.440, 192.450, 561.040 & 561.260
DOA 20-2017, amend filed 11/20/2017, effective 11/20/2017
DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05
AD 1114(35-76), f. & ef. 12-20-76

Or. Admin. R. 603-001-0145 Fees for Public Record Disclosures

(1) If a request for records can be fulfilled using less than 30 minutes of staff time, there will be no charge for the service. If reimbursable staff time is estimated to be greater than 30 minutes, fees may be applied. As provided by ORS 192.440(2), the following fees are established for public record disclosures:

(a) Records search by clerical staff @ $20.00 per hour

(b) Records search by managerial staff @ $32.00 per hour

(d) Records search by legal staff @ $75.00 per hour

(e) Copies @ current state printing & distribution price list

(f) Media @ statewide price agreement

(g) Postage @ current postal rates

(2) If the request appears to require departmental services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the department and, if $25 or more, the requester shall be notified of such prior to the department complying with the request.

(3) A requester shall pay the applicable fees to the department prior to or at the time the department complies with the request. No refund of fees shall be made. If the department notifies a requester of determined or estimated fees in excess of $25, as provided in section (2) of this rule, the requester shall, pay a deposit of such determined or estimated fee prior to the department complying with the request.

(4) All or a portion of fees may be waived as provided in OAR 603-001-0160 and 0165.

History

Statutory/Other Authority: ORS 183, 561, 192 & 603
Statutes/Other Implemented: ORS 192.440, 192.450, 561.040 & 561.260
DOA 20-2017, amend filed 11/20/2017, effective 11/20/2017
DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05
AD 9-1984, f. & ef. 7-6-84
AD 1114(35-76), f. & ef. 12-20-76

Or. Admin. R. 603-001-0150 Noncompliance with Requests

(1) If a request received by the department has been erroneously submitted, in that the department has no public records relating to the request, the request shall be returned to the requester with any information concerning the appropriate agency to be contacted.;

(2) If the department determines that all or any part of a public record should not be inspected or copied pursuant to a request, the department shall, within ten days of the receipt of such request, notify the requester of such fact, the public records or parts thereof that will not be disclosed, the reasons therefore, and the right of the requester to petition the Attorney General for review.

(3) In determining whether all or any part of a public record should not be inspected or copied pursuant to a request therefore, the department shall consider:

(a) Public record exemptions specified in ORS 192.500;

(b) Public record exemptions specified in applicable federal laws or regulations;

(d) Whether the requested public record is of a class of records that, by its very nature, either requires nondisclosure or disclosure considering confidentiality and feasibility factors; and

(e) Whether a partially exempt public record can be reasonably segregated so as to allow disclosure of an intelligible and undistorted portion of such record while preserving the confidentiality of the exempt portion of such record.

History

Statutory/Other Authority: ORS 183 & 561
Statutes/Other Implemented: ORS 192.440, 192.450, 561.040 & 561.260
DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05
AD 1114(35-76), f. & ef. 12-20-76

Or. Admin. R. 603-001-0155 Organizational Structure

In order to comply with the provisions of ORS 183.330(1) requiring each agency to publish a description of its organization, a chart of the department’s organizational structure is set forth as Appendix 1.

[ED. NOTE: Appendices referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183, 561, 192 & 603
Statutes/Other Implemented: ORS 192.440, 192.450, 561.040 & 561.260
DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05
AD 9-1984, f. & ef. 7-6-84
AD 1114(35-76), f. & ef. 12-20-76

Or. Admin. R. 603-001-0160 Fee Waivers and Reductions

(1) Ordinarily there will be no charge for one copy of a public record:

(a) When the material requested is currently being distributed or has been distributed as part of the public participation process such as a news release or public notice;

(b) When the requested material has been distributed through mass mailing and is readily available from the department at the time of request;

(c) When a records request is made by a local, state, or federal public/governmental entity or a representative of a public/governmental entity acting in a public function or capacity. Even if a person qualifies under this subsection, the department may still charge for record review and copying based on the following factors:

(A) Any financial hardship to the department;

(B) The extent of time, expense, and interference with the department’s regular business;

(D) The necessity to segregate exempt from non-exempt materials.

(2) Public Interest Annual Fee Waivers:

(a) An approved annual fee waiver allows the requester to either review or obtain one copy of a requested record at no charge. Fee waivers are effective for a one-year period.

(b) A person, including members of the news media and non-profit organizations, may be entitled to an annual fee waiver provided that a Fee Waiver Form is completed and approved by the department. The form must identify the person’s specific ability to disseminate information of any kind maintained by the department to the general public and that such information is generally in the interest of and in the benefit to the public within the meaning of the Public Records Law. Additional information may be requested by the department before granting any fee waiver.

(c) Even if a person has a fee waiver, the department may charge for record review and copying based on the following factors:

(A) Any financial hardship on the department;

(B) The extent of time, expense, and interference with the department’s regular business;

(D) The necessity to segregate exempt from non-exempt materials; and

(E) The extent to which the record request does not further the public interest or the particular needs of the requester.

(3) Case-by-case waivers or reductions: A person who does not request, or who is not approved for an annual waiver, may request a waiver or reduction of record review and reproduction costs on a case-by-case basis.

History

Statutory/Other Authority: ORS 192.410 – 505 & 468.020
Statutes/Other Implemented: ORS 192.440
DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

Or. Admin. R. 603-001-0165 Parking at Department Owned Facilities

(1) This administrative rule describes the Department’s policy regarding parking at facilities owned or controlled by the Department in compliance with ORS 276.595.

(2) “Department” means State of Oregon, Department of Agriculture.

(3) The following procedures shall apply:

(a) The Department, under authority granted by ORS 276.595, shall maintain a policy of not charging parking fees for vehicles or other equipment at all facilities in noncongested areas owned or controlled by the Department;

(b) This policy will apply to all Department employees, Department visitors, members of boards, commissions or committees or any governmental entities.

History

Statutory/Other Authority: ORS 276.595
Statutes/Other Implemented: ORS 276.595
AD 20-1991, f. & cert. ef. 12-23-91

Or. Admin. R. 603-001-0170 Public Interest Test

In determining whether sufficient public interest for a fee waiver is demonstrated, the department will consider:

(1) The requester’s identity, public interest affiliation, and contact information;

(2) The purpose for which the requester intends to use the information;

(3) The character of the information;

(4) Whether the requested information is already in the public domain;

(5) Whether the requester can demonstrate the ability to disseminate the information to the public;

(6) The requester’s inability to pay, but this fact alone is not a sufficient basis for a fee waiver;

(7) If the requester seeks technical information, a showing that the requester is able to understand that information and disseminate it to the public in a meaningful form;

(8) Any other additional information provided by the requester that would be helpful for the department in evaluating the request for a fee waiver or fee reduction. Appendix 1

[ED NOTE: Appendices referenced are available from the agency]

History

Statutory/Other Authority: ORS 183, 561, 192 & 603
Statutes/Other Implemented: ORS 192.440, 192.450, 561.040 & 561.260
DOA 15-2005, f. 6-16-05, cert. ef. 6-30-05

Or. Admin. R. 603-001-0175 Procedure for Assessing Penalties for Delinquent License Renewals

(1) As used in this rule a license fee means a fee for a license, certificate of sanitation, permit or registration that is established for a fixed term and is subject to renewal.

(2) As provided in ORS 561.300 the department shall collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th day after the license expiration date. The license fees required by the following laws under the jurisdiction of the department are subject to a delinquent renewal penalty:

(a) Section 3, Chapter 584, Oregon Laws 1991 (preceding ORS 561.005) (veterinary medicine registrations);

(b) ORS 468B.215, 561.175 (confined animal feeding operations);

(d) ORS 571.525–571.535 (Christmas tree growers);

(e) ORS 585.020, 585.040–585.050 (produce dealers, peddlers and cash buyers);

(f) ORS 586.270, 586.280 (grain warehouses);

(g) ORS 599.215–599.245 (livestock auction markets);

(h) ORS 600.020, 600.030 (feeding garbage to swine);

(i) ORS 601.030, 601.040, 601.080, 601.100 (transporting, rendering and disposing of dead animals);

(j) ORS 603.025 (meat sellers and slaughterers);

(k) ORS 604.620 (livestock feed lots);

(l) ORS 616.706 (food retailers and processors, food warehouses);

(m) ORS 618.121, 618.136–618.146 (scales and metering devices);

(n) ORS 619.031 (animal food processors);

(o) ORS 621.070, 621.072, 621.161, 621.166, 621.266, (dairy producers, distributors, samplers, graders, haulers and pasteurizers, and dairy products plants);

(p) ORS 621.335 (manufacturers of frozen desserts);

(q) ORS 622.020, 622.080, 622.220, 622.290 (shellfish growers, harvesters, distributors and shucker-packers, oyster plat fees);

(r) ORS 625.020, 625.050, 625.080, 625.110, 625.180 (bakeries and bakery distributors);

(s) ORS 628.220–628.240 (refrigerated locker plants);

(t) ORS 632.715–632.730 (commercial egg breakers and handlers);

(u) ORS 633.700 (seed dealers);

(v) ORS 635.027, 635.030 (manufacturers of nonalcoholic beverages).

(3) The department shall collect a delinquent renewal penalty for each license listed in section (2) of this rule according to the following schedule:

(a) For each license fee of $100 or less, $30 or the amount of each fee, whichever amount is less; and

(b) For each license fee greater than $100, 30 percent of the amount of each fee or $750, whichever amount is less.

(4) The department will send a notice to all licensees who fail to renew their license by the 30th day after their license expires, that a delinquent renewal penalty will be collected if their license fee is not paid before the 60th day after the license expires.

(5) The department will send a notice to all licensees who have failed to renew their license by the 60th day after the license expires, that a delinquent renewal penalty must be paid in addition to the license fee before the license is renewed.

(6) The department will waive the delinquent renewal penalty if:

(a) The licensee’s failure to renew the license prior to the 60th day was caused entirely or in part by a department error or omission; or

(b) The licensee notifies the department in writing prior to the 60th day after the license has expired, that the licensee will not engage in the licensed activity any time during the current license period. However, if the licensee resumes the licensed activity during the current license period, the licensee must pay both the license renewal fee and the delinquent renewal penalty.

(7) The delinquent renewal penalty will be assessed in addition to any other penalty or liability, provided by law, for engaging in an activity licensed by the department without obtaining and maintaining a valid license.

History

Statutory/Other Authority: ORS 561.190 & 561.300
Statutes/Other Implemented: ORS 561.300
AD 20-1994, f. & cert. ef. 12-20-94
AD 5-1994, f. & cert. ef. 4-28-94

Or. Admin. R. 603-001-0180 Temporary License Authorization

(1) Purpose. In accordance with House Bill 3030, Oregon Department of Agriculture shall issue a temporary authorization to provide the occupational or professional service regulated by the professional licensing board.

(2) Definitions.

(a) “Occupational or professional service” means a service:

(A) For which an individual must possess a license, certificate or other form of authorization to provide under the laws of this state; and

(B) Over which a professional licensing board has regulatory oversight.

(b) “Professional Licensing Board” means a state agency or board that licenses, certifies or otherwise authorizes individuals to provide an occupational or professional service.

(3) Temporary Authorization

(a) Oregon Department of Agriculture shall issue a temporary authorization to provide occupational or professional services to a person who:

(A) Is the spouse of a member of the Armed Forces of the United States who is stationed in this state;

(B) Holds a current authorization to provide the occupational or professional service issued by another state and the professional licensing board determines that the other state’s authorization requirements are substantially similar to those of the professional licensing board;

(C) Provides to Oregon Department of Agriculture, in a manner determined by Oregon Department of Agriculture, sufficient proof that the person is in good standing with the issuing out-of-state professional licensing board; and

(D) Has demonstrated competency, as determined by the professional licensing board by rule, over the occupational or professional service regulated by Oregon Department of Agriculture.

(b) A temporary authorization issued under this section is valid until the earliest of the following:

(A) Two years after the date of issuance;

(B) The date the spouse of the person to whom the authorization was issued completes the spouse’s term of service in this state; or

(c) An authorization issued under this section is not renewable. A person may not continue to provide the occupational or professional service unless the person is issued a full authorization under the laws of this state to provide the occupational or professional service.

(4) Application for temporary authorization. Applications for a temporary authorization must be submitted on a form provided by the Department and must be complete and include a certification of good standing from the professional licensing board that issued the original license.

(5) Reporting Requirements. Not later than December 31 of each year, a professional licensing board shall report, in the manner provided in ORS 192.245, to an interim committee of Legislative Assembly related to veterans on the following information.

(a) The number of temporary authorizations issued to spouses or domestic partners of members of the Armed Forces of the United States who are stationed in this state;

(b) The number of applications for temporary authorization received by the professional licensing board for which the professional licensing board did not issue temporary authorizations, and the reasons for which the temporary authorizations were not issued;

(d) The professional licensing board’s efforts to implement and maintain a process to issue temporary authorizations; and

(e) Any other information relevant to the professional licensing board’s efforts to assist spouses or domestic partners of members of the Armed Forces of the United States who are stationed in this state with obtaining temporary authorization.

History

Statutory/Other Authority: HB 3030 (2019) & SB 688 (2019)
Statutes/Other Implemented: HB 3030 (2019) & SB 688 (2019)
DOA 10-2020, adopt filed 07/20/2020, effective 07/20/2020

Division 5 CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS

Or. Admin. R. 603-005-0001 Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in ORS 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the “mediator” in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)–(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;

(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential;

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)–(d), (j)–(l) or (o)–(p) of section (9) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)–(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties’ agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an “agreement to mediate.” [Form not included. See ED. NOTE.]

(9) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation; or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Director or designee determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public’s health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under ORS 30.402 or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 36.224 & 561.190
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
DOA 10-1999, f. & cert. ef. 5-28-99

Division 8 OREGON MEAT PROCESS INFRASTRUCTURE AND CAPACITY BUILDING GRANT PROGRAM

Or. Admin. R. 603-008-0000 Definitions

The following definitions apply to these division 8 rules:

(1) "Grant Review Team" means a team that provides a technical review of each application. The Grant Review Team shall be appointed by the Director, who shall endeavor to include the following types of individuals: department staff; individuals with experience in the meat industry (including industry associations and nonprofits with knowledge of meat processing); individuals with experience in business development, business expansion and finance; and representatives of other state agencies or universities.

(2) "Department" means the Oregon Department of Agriculture.

(3) "Director" means the director of the Oregon Department of Agriculture.

(4) "Exotic animal" means any reindeer, elk, deer, antelope, water buffalo, bison, buffalo, yak, or camelids.

(5) "Meat or meat product" has the definition provided in ORS 603.010(7).

(6) "Processing" means preparation or slaughter of meat or meat products from exotic animals or amenable species, excluding equines and poultry.

(7) "Program of state inspection" means the Oregon Department of Agriculture's inspection of establishments as authorized by Oregon Laws 2020, chapter 6.

(8) "Project records" means all records created or used in the course of implementing an approved Oregon Meat Processing Infrastructure and Capacity Building Grant.

(9) "Rural area" means any area within the state of Oregon except the urbanized portions of metropolitan statistical areas, as determined by the U.S. Census Bureau.

History

Statutory/Other Authority: HB 2785 (2021), ORS 561.020 & ORS 561.190
Statutes/Other Implemented: HB 2785 (2021)
DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022

Or. Admin. R. 603-008-0010 Purpose

The purpose of OAR 603-008-0000 to 603-008-0060 is to provide criteria and procedures for administration of the Oregon Meat Processing Infrastructure and Capacity Building Grant Program.

History

Statutory/Other Authority: HB 2785 (2021), ORS 561.020 & ORS 561.190
Statutes/Other Implemented: HB 2785 (2021)
DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022

Or. Admin. R. 603-008-0020 Eligible Applicants

Applicants must meet all the following requirements to be eligible for the Oregon Meat Processing Infrastructure and Capacity Building Grant Program:

(1) Must be an establishment, as that term is defined in ORS 619.010(8), located in Oregon or planning to become such an establishment within the grant period;

(2) Must be registered to do business in Oregon and in good standing with the Oregon Secretary of State, the Department, and the Oregon Department of Revenue, as applicable, or must fall under the jurisdiction of a tribal government; and

(3) Must be one or more of the following:

(a) Planning to expand meat processing capacity to include animals raised in Oregon and planning to operate under a program of state inspection;

(b) Planning to build a new establishment to process meat, including animals raised in Oregon, and planning to operate under a program of state inspection; or

(c) Planning to expand an official federal establishment under continuous inspection by the U.S. Department of Agriculture's Food Safety and Inspection Service pursuant to the Federal Meat Inspection Act and planning to increase processing of meat from animals raised in Oregon.

History

Statutory/Other Authority: HB 2785 (2021), ORS 561.020 & ORS 561.190
Statutes/Other Implemented: HB 2785 (2021)
DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022

Or. Admin. R. 603-008-0030 Standards to Determine Project Eligibility

(1) The Department shall award Meat Processing Infrastructure and Capacity Building grant funds of up to $750,000 per application. All grant funds must be distributed by June 30 of the biennium in which the grant was awarded.

(2) Grant funds must be used to expand or build new processing capacity for animals raised in Oregon, including:

(a) Upgrades to and/or expansion of establishments that are expected to operate under a program of state inspection;

(b) Construction of new establishments that are expected to operate under a program of state inspection; or

(c) Expansion of establishments that operate under a program of federal inspection and plan to increase processing of meat from animals raised in Oregon.

(3) Grant funds may also be used for costs related to the activities described in section (2) of this rule, including technical assistance, planning, construction, and the purchase of equipment.

(4) Preference shall be given to establishments that prioritize seasonally feasible processing of meat from animals raised in Oregon. Preference may also be given to establishments that address gaps in type of processing or gaps in species processing; or expand existing or develop new processing in areas of Oregon with limited access to meat processing services.

History

Statutory/Other Authority: HB 3410 (2023), ORS 561.020, ORS 561.190 & OL 2021, Chap. 537
Statutes/Other Implemented: HB 3410 (2023) & OL 2021, Chap. 537
DOA 9-2025, amend filed 04/22/2025, effective 04/22/2025
DOA 7-2023, temporary amend filed 03/23/2023, effective 03/23/2023 through 09/18/2023
DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022

Or. Admin. R. 603-008-0040 Review of Applications and Procedures

(1) The Notice of Grant Opportunity/Request For Applications (RFA) shall describe the review criteria and shall also include information on grant requirements, timelines, and process.

(2) Department staff shall develop a grant application review sheet that facilitates the review process. All members of the Grant Review Team shall use the grant application review sheet.

(3) The Department shall conduct a first-level administrative review to determine whether minimum proposal requirements are met, and the application is complete.

(4) The Grant Review Team shall evaluate the merits of the proposal against the review criteria and make a funding recommendation for each proposal for the Director's consideration. Applicants may be invited to make presentations to provide additional information to the Grant Review Team at review meetings.

(5) After the Grant Review Team has completed the technical review, Department staff shall compile Grant Review Team recommendations for the Director, which shall also include information such as geographic distribution, services to special populations, the applicant's history, if any, as a state grantee, and the applicant's capacity to perform the work.

(6) Recommendations shall be forwarded to the Director for final review and selection, as provided in OAR 603-008-0050.

History

Statutory/Other Authority: HB 2785 (2021), ORS 561.020 & ORS 561.190
Statutes/Other Implemented: HB 2785 (2021)
DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022

Or. Admin. R. 603-008-0050 Grant Awards

(1) The Director shall review the final funding recommendations and shall make one of the following decisions for each application:

(a) Approve application and award grant for the full amount requested;

(b) Approve application and award grant for a specific proposal component that may be less than the amount requested. In this instance, the Director may elect to fund a portion or phase of the application;

(d) Deny the application and funding request.

(2) The Director retains ultimate authority to determine which projects are funded, and in what amounts. The Director reserves the right to increase existing awards and to approve additional awards in order to distribute unspent funds.

History

Statutory/Other Authority: HB 2785 (2021), ORS 561.020 & ORS 561.190
Statutes/Other Implemented: HB 2785 (2021)
DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022

Or. Admin. R. 603-008-0060 Grant Administration

(1) The Department and the grant recipient shall sign a grant agreement that incorporates the full application.

(2) Grant funds shall be disbursed according to the approved payment schedule of up to 75 percent upon execution of the grant agreement and the remaining percentage upon submission of a progress report, a financial expenditure worksheet including receipts, photos, a list of expenditures, a plan for the final use of the disbursement, and a site visit by ODA. Furthermore, awardees who are seeking state inspection must have scheduled an initial consultation with ODA Food Safety.

(3) Grantees shall provide a final report documenting the results of the project as outlined in the grant agreement.

(4) Grantees shall maintain project records and shall make them available to the Department in accordance with the terms of the grant agreement.

(5) Unexpended grant funds not used by the grantee will be reverted to the Oregon Meat Processing Infrastructure and Capacity Building Grant Program for reallocation.

History

Statutory/Other Authority: HB 3410 (2023), ORS 561.020, ORS 561.190 & OL 2021, Chap. 537
Statutes/Other Implemented: HB 3410 (2023) & OL 2021, Chap. 537
DOA 9-2025, amend filed 04/22/2025, effective 04/22/2025
DOA 7-2023, temporary amend filed 03/23/2023, effective 03/23/2023 through 09/18/2023
DOA 2-2022, adopt filed 02/04/2022, effective 02/04/2022

Division 9 OREGON AGRICULTURAL OPPORTUNITIES FUND

Or. Admin. R. 603-009-0000 Definitions

As used in this division of administrative rules, unless the context requires otherwise:

(1) “Agribusiness” means any business that deals with agricultural products or services.

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

(3) “Director” means the director of the Department of Agriculture.

(4) “Rural Area” means any area within the state of Oregon except the urbanized portions of metropolitan statistical areas, as determined by the U.S. Bureau of the Census.

NOTE: Standards to determine project eligibility and applicable procedures for a competitive statewide program for grants made from the Oregon Agricultural Opportunities fund.

History

Statutory/Other Authority: ORS 561 & 576
Statutes/Other Implemented: ORS 576.013
AD 13-1989, f. & cert. ef. 9-18-89

Or. Admin. R. 603-009-0010 Purpose

The purpose of this division of rules is to provide criteria and procedures for administration of the Oregon Agricultural Opportunities Fund.

History

Statutory/Other Authority: ORS 561 & 576
Statutes/Other Implemented: ORS 576.013
AD 13-1989, f. & cert. ef. 9-18-89

Or. Admin. R. 603-009-0020 Eligible Applicants

Eligible applicants shall include:

(1) Cities, counties, councils of government, and state agencies.

(2) Private nonprofit organizations.

(3) Consortia and combinations of the above.

History

Statutory/Other Authority: ORS 561 & 576
Statutes/Other Implemented: ORS 576.013
AD 13-1989, f. & cert. ef. 9-18-89

Or. Admin. R. 603-009-0030 Standards to Determine Project Eligibility

(1) The Director will consider applications for agricultural promotion and marketing projects which:

(a) Encourage existing Oregon agribusiness expansion;

(b) Encourage new agribusinesses to locate in Oregon;

(2) Each project submitted for consideration will be evaluated primarily for potential economic benefit to Oregon, based on how well the project meets the following criteria:

(a) Emphasizes agricultural development in underdeveloped rural areas of Oregon, and in those areas dependent on agriculture related industries;

(b) Ongoing and long-term benefits to the state;

(c) Assurance that each project does not supplant private investment or duplicate similar efforts underway and available elsewhere;

(d) Encourage competition in national or international markets;

(e) Assurance that each project will not require continuing subsidies;

(f) Commitment of at minimum a one to one match to the grant of which at least 25% of the match must be “cash,” the remaining may be provided with “in-kind” contributions.

(3) The following expenditures are not considered as eligible for funding through the Oregon Agricultural Opportunities Fund:

(a) Existing costs of operation;

(b) Debt service or debt retirement;

(4) The Director shall consider projects for funding and shall make grant awards as he determines appropriate, provided each project approved for funding includes a marketing plan which has also been reviewed and recommended for approval by staff of the Department. The marketing plan shall include:

(a) Identification of the industries, industry segments, geographic regions or other groups and factors to be targeted by the marketing program;

(b) A listing of the themes or advertising messages to be presented to the target audiences;

(d) Summary of the market research upon which the development of the marketing plan was based;

(e) Methods to be used to test the effectiveness of the program;

(f) An expenditure and implementation plan which specifies the cost and timetable for carrying out the proposed marketing program.

History

Statutory/Other Authority: ORS 561 & 576
Statutes/Other Implemented: ORS 576.013
AD 13-1989, f. & cert. ef. 9-18-89

Or. Admin. R. 603-009-0040 Application Procedures

(1) Application forms for the competitive statewide grants program will be made available and distributed by the Department.

(2) Each applicant shall submit its proposal for funding on the approved application form, including attachments as necessary.

History

Statutory/Other Authority: ORS 561 & 576
Statutes/Other Implemented: ORS 576.013
AD 13-1989, f. & cert. ef. 9-18-89

Or. Admin. R. 603-009-0050 Review of Applications

(1) Each application will first be screened by staff from the Department for completeness and accuracy. Applications not meeting these initial review standards may be returned for correction or completion, or may not be recommended for further consideration. In the latter case, applicants interested in reapplying will be advised on improvements essential for future proposals.

(2) During the review process, staff from the Department may engage other parties — such as advisory committees and representatives of other state agencies — to provide technical critiques of the proposed project and opinions on its potential economic benefits to Oregon.

History

Statutory/Other Authority: ORS 561 & 576
Statutes/Other Implemented: ORS 576.013
AD 13-1989, f. & cert. ef. 9-18-89

Or. Admin. R. 603-009-0060 Grant Awards

(1) The Director will review the recommendations of staff as well as current information on available lottery revenues.

(2) The Director will review those proposals that have been recommended by staff from the Department and will make one of the following decisions for each proposal.

(a) Approval of project and grant award for the full amount requested;

(b) Approval of project and grant award of partial amount requested. In this instance, the Director may elect to fund a portion or a phase of a project;

(d) Denial of request. Applicants whose proposals are denied may reapply at subsequent deadlines.

(3) The Director may invite applicants to make presentations on behalf of their proposals at review meetings.

(4) Any funds not allocated within the current quarter may be carried forward into the next quarter.

(5)(a) Generally, the Director will obligate only those revenues available in the current quarter and will not obligate lottery revenues from future quarters to grants under consideration;

(b) In some instances, project scope and duration may justify allocations of funds before collection. When this condition arises, the Director may make a commitment to an applicant based on forecasted and anticipated lottery revenues, provided:

(A) The commitment clearly explains that any ultimate grant award is contingent upon actual lottery collections; and

(B) The commitment provides options for both the applicant and the Director should the forecasted revenues fail to materialize. Options shall range from full award of the identified amount, a partial award based on proportions of lottery revenues (or other calculations), to cancellation of the commitment if revenues are too far below the forecasted levels.

History

Statutory/Other Authority: ORS 561 & 576
Statutes/Other Implemented: ORS 576.013
AD 13-1989, f. & cert. ef. 9-18-89

Or. Admin. R. 603-009-0070 Grant Administration

(1) The Director and the grant recipient will enter a grant agreement that provides:

(a) Incorporation of the full proposal as an integral part of the agreement;

(b) The grant will be disbursed according to an approved payment schedule, which shall also be incorporated as an integral part of the grant agreement. Prior to each subsequent grant payment, or upon request by the Department, the grantee will submit an interim report for evaluation by the Department. This report shall include:

(A) Documentation of project results to date:

(B) Projections of short-range and long-range results;

(D) Estimates of final results.

(c) In the event an interim report is deemed unsatisfactory by the staff of the Department, the Director will withhold the relevant payment pending resolution of the identified deficiencies. Grantees consistently unable to meet performance standards as agreed upon will be subject to review by the Director and, if necessary, cancellation of the grant agreement.

(2) Within six months of the official close of the project, each recipient shall submit a final report to the Department. This report will provide the most current and detailed information on project benefits as compared with the original criteria.

(3) Grantees must give credit to the Department of Agriculture and the Oregon State Lottery in all project publicity.

(4) Grantees must maintain project records sufficient for monitoring by the Department.

(5) Grantees that cannot complete their projects within the contractual timelines must so inform the Department and request a formal extension to the project.

(6) Unexpended grant funds not used by the grantee will be reverted to the Oregon Agricultural Opportunities Fund for reallocation.

(7) Grantees are responsible for having their projects audited annually for program and financial compliance. Audits may coincide with the grantee’s normal fiscal year audit cycle. A copy of the audit is to be forwarded to the Department of Agriculture.

History

Statutory/Other Authority: ORS 561 & 576
Statutes/Other Implemented: ORS 576.013
AD 13-1989, f. & cert. ef. 9-18-89

Division 10 ANIMAL INDUSTRY GENERAL

Or. Admin. R. 603-010-0052 Open Cattle Range

No person shall turn upon, or allow to run upon the open range, any bull other than a purebred bull of the following recognized beef breeds:

(1) Angus.

(2) Shorthorn.

(3) Hereford.

(4) Charolais.

(5) Santa Gertrudis.

(6) Galloway.

(7) Devon.

(8) Limousin.

(9) Simmental.

(10) Beefmaster.

(11) Gelbvieh.

(12) Saler.

(13) Brangus.

History

Statutory/Other Authority: ORS 561.180, 604.027 & 607.261
Statutes/Other Implemented: ORS 607.261
AD 6-1992, f. & cert. ef. 6-3-92
AD 777, f. 1-20-64, cert. ef. 2-15-64
AD 607, f. & cert. ef. 2-11-59

Or. Admin. R. 603-010-0053 Definition

As used in ORS Chapter 607, “swine” means a breed of domestic pig that is used for food production, but does not include any breed used primarily as a pet (e.g., pot-bellied pig).

History

Statutory/Other Authority: ORS 561.190
Statutes/Other Implemented: ORS 607.005
AD 7-1997, f. & cert. ef. 6-10-97

Or. Admin. R. 603-010-0055 Feral Swine

Feral swine are animals of the genus Sus which meet the following conditions:

(1) The animals are free roaming on public or private lands and not being held under domestic management confinement;

(2) No notification to the land owner, manager, or occupant has been made by the swine owner or their representative of specifically identified and described swine having escaped domestic management confinement within a radius of five (5) miles during the past five (5) days;

(3) The swine under consideration do not appear to be domesticated and are not tame; and

(4) The swine under consideration do not meet the identification and description of escaped swine in section (2) above.

History

Statutory/Other Authority: ORS 561 & 610
Statutes/Other Implemented: ORS 561 & 610
DOA 23-2001, f. & cert. ef. 10-4-01
DOA 10-2001(Temp), f. & cert. ef. 6-6-01 thru 11-28-01

Or. Admin. R. 603-010-0056 Fee for Determining Adequacy of a Fence

(1) If requested to, or when cattle or equines break through a fence on the open range and a determination of the adequacy of the fence is necessary in order to determine whether the cattle or equines are unlawfully trespassing, the State Department of Agriculture shall make the determination of the adequacy of the fence and shall consider, among other things, the customs and practices of good animal husbandry in the particular area with reference to fences.

(2) The charge for such service shall be the sum of the mileage to and from the site of the fence in question, at the state mileage charge, plus $30.00 per hour for the time spent traveling to and from the site and time for the determination of the adequacy of the fence in question.

History

Statutory/Other Authority: ORS 607
Statutes/Other Implemented: ORS 607
DOA 1-2010, f. & cert. ef. 1-7-10

Or. Admin. R. 603-010-0100 Restrictions; Airborne Hunting

(1) The Department is authorized to regulate the control of predatory animals and to regulate the control of animals that are a menace pursuant to ORS Chapters 610 and 570. The federal Fish and Wildlife Act of 1956 as amended (16 U.S.C. Section 742 et seq.) allows for airborne hunting under certain circumstances. Pursuant to this Act, airborne hunting or shooting of animals is prohibited without a permit being issued by a state authority. The Department has agreed to act as such state authority under the provisions of said federal Act, for the issuance of such permits. Coyotes and feral swine located in an established control area shall be the only animals that may be the target of the permitted airborne hunting. The protection of livestock, domesticated animals and natural resources shall be the only purpose for which a permit may be issued or used.

(2) Unless otherwise provided by law, any airborne hunting or harassment of other species of animals, or of coyotes or feral swine without a permit being obtained under the provisions of OAR 603-010-0105 and 603-010-0110, or for purposes other than the protection of livestock, domesticated animals or natural resources shall subject the hunter, his pilot and assistants, and his equipment to the forfeiture and penalty provisions of the federal Fish and Wildlife Act of 1956 as amended.

History

Statutory/Other Authority: ORS 561 & 610
Statutes/Other Implemented: ORS 610.005
DOA 15-2000, f. 5-31-00, cert. ef. 6-1-00
DOA 5-2000(Temp), f. & cert. ef. 1-24-00 thru 7-21-00
AD 11-1979, f. & ef. 9-7-79

Or. Admin. R. 603-010-0105 Permits and Applications; Airborne Hunting

(1) Application for permit to engage in airborne hunting to protect livestock, domesticated animals or natural resources shall be made to the Department by the affected livestock or land owner or designated agent on forms prescribed by the Department. Should the Department determine there are circumstances resulting in insufficient time to mail the application to the Department, the application may be made by facsimile or telephone. The application shall contain the following:

(a) The name and address of the applicant and of the person who is to do the airborne hunting;

(b) The make, number and base-location of the aircraft to be used;

(c) The geographic description of the area in which the airborne hunting is proposed to take place and in the event part of the area is not owned by the applicant, whether the owners have agreed to the airborne hunting, whether the nonowned land is contiguous to that of the applicant, and whether the offending animals could reside on such nonowned land,

(d) The description and location of the livestock, domesticated animals or natural resources intended to be protected;

(e) A statement describing the extent of claimed losses of livestock, domesticated animals or natural resources attributable to coyote depredation or feral swine existence, including the time periods thereof, the locations thereof and the methods used in verification thereof; and

(f) A statement describing the prior efforts to control coyote depredation, including the time periods thereof, the methods and types of devices used, and the apparent effectiveness thereof.

(2) Upon receipt of an application described in section (1) of this rule, the Department shall:

(a) Investigate the claimed losses of livestock, domesticated animals or natural resources, and determine the authenticity of such claim;

(b) Determine the necessity of using airborne hunting to control depredation or natural resource destruction rather than other acceptable methods therefore, including whether airborne hunting under the animal damage control program under the U.S.D.A.-A.P.H.I.S. Wildlife Services is available;

(d) Establish any special restrictions or conditions to the permitted airborne hunting, considering the particular circumstances; and

(e) Issue or deny the requested permit.

(3) Permits shall be on forms prescribed by the Department and shall include a permit number, dates of issuance and expiration, name and address of applicant, make and number of aircraft to be used, geographic areas within which the airborne hunting is authorized, and any special restrictions or conditions to the permitted airborne hunting. The Department may periodically review the permit and the use thereunder in order to determine whether necessity continues to exist for the permitted airborne hunting. Upon a determination that such necessity has ceased to exist, the permit may be revoked, notwithstanding any stated date of expiration thereon. In any event, a permit issued for airborne hunting of feral swine in any established control area shall expire upon revocation of the control area. The permittee shall notify the Department within seven days of the taking of the target coyotes or feral swine, so as to assist the Department in this determination.

(4) Violation of any of the conditions of the permit, or a finding by the Department of falsification of any matters contained in the application for such permit, shall be grounds for immediate revocation of the permit without prior notice to the permittee. In such an event, the provisions of OAR 603-010-0100(2) shall thereafter apply.

History

Statutory/Other Authority: ORS 561 & 610
Statutes/Other Implemented: ORS 610.005
DOA 15-2000, f. 5-31-00, cert. ef. 6-1-00
DOA 5-2000(Temp), f. & cert. ef. 1-24-00 thru 7-21-00
AD 11-1979, f. & ef. 9-7-79

Or. Admin. R. 603-010-0110 Records and Reports; Airborne Hunting

(1) The permittee shall make, and maintain for a least one year after the cessation of the permitted airborne hunting, the records prescribed by the Department, including the following:

(a) The species and numbers of animals taken through airborne hunting, with the indication as to whether coyotes or feral swine taken were target or nontarget animals;

(b) The dates and areas of the taking of the coyotes or feral swine; and, if applicable

(c) The disposition of any pelts obtained from the coyotes, or any part of a feral swine and the values received therefore.

(2) The records required to be made and maintained by section (1) of this rule shall be made available to the Department for inspection and verification. Upon request of the Department, such record information shall be submitted to the Department in the form of a report.

History

Statutory/Other Authority: ORS 561 & 610
Statutes/Other Implemented: ORS 610.005
DOA 15-2000, f. 5-31-00, cert. ef. 6-1-00
DOA 5-2000(Temp), f. & cert. ef. 1-24-00 thru 7-21-00
AD 11-1979, f. & ef. 9-7-79

Division 11 LIVESTOCK HEALTH AND SANITATION

Or. Admin. R. 603-011-0053 Hazardous Animal Vaccines

In addition to the hazardous vaccines and products identified in ORS 596.065(1)(a), i.e., Brucella abortus vaccine, Hog cholera vaccine, Rabies vaccine and biologics not approved by the U.S. Department of Agriculture for general use, and as provided in subsection (1)(b) of this statute, Pseudorabies vaccine is declared a hazardous vaccine and subject to the prohibitions on uses set forth in ORS 596.075, unless the use is subject to a written permit issued by the Department under ORS 596.065(3).

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.065
AD 2-1985, f. & ef. 1-18-85

Or. Admin. R. 603-011-0201 Veterinarian’s Inspection Fees

The fees for the inspection, testing, treating or examination, pursuant to the provisions of ORS 596.225, of any animals that are to remain within the state or to be removed to states where the sanitary laws require such inspection, testing, treating or examination and where performed at the request of the owner, shall be in accordance with the current schedule approved or published by the Department.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.225
AD 2-1985, f. & ef. 1-18-85

Or. Admin. R. 603-011-0214 Disease Conditions Immediately Reportable by Veterinarians

Any person practicing veterinary medicine in this state shall immediately notify the department by telephone upon observing any of the following abnormalities in any species of livestock:

(1) Any unidentified vesicular disease;

(2) Any exotic disease or foreign animal disease, even if only suspected;

(3) Any disease of unknown etiology exhibiting highly pathogenic or lethal effect;

(4) Any exotic vector (flies and fly larvae, mites, and ticks); or

(5) Any disease, infection, or infestation in domestic or wild animals that is a threat to terrestrial animals, aquatic animals, or humans, and meets any one of the following criteria:

(a) An unknown agent is causing disease in a herd, flock, or premises and has the potential to result in a significant animal or public health impact, and applied diagnostic tests have yielded negative or non- definitive results; or

(b) A newly identified agent is causing disease in a herd, flock, or premises and has the potential to cause significant animal or public health impact, or is occurring in multiple herds, flocks, or premises; or

(A) Unexpected production impacts or morbidity/mortality over a previously defined range for the agent;

(B) Expanded host range; or

History

Statutory/Other Authority: ORS 596.321
Statutes/Other Implemented: ORS 596.321
DOA 104-2026, amend filed 07/08/2026, effective 07/08/2026
DOA 28-2025, renumbered from 603-011-0212, filed 12/30/2025, effective 12/30/2025
DOA 4-2025, amend filed 01/31/2025, effective 02/01/2025
DOA 3-2024, temporary amend filed 04/16/2024, effective 04/16/2024 through 10/12/2024
DOA 21-2021, amend filed 07/28/2021, effective 08/01/2021
DOA 10-2021, temporary amend filed 04/02/2021, effective 04/02/2021 through 09/28/2021
DOA 16-2020, temporary amend filed 09/03/2020, effective 09/03/2020 through 03/01/2021
DOA 7-2016, f. & cert. ef. 4-5-16
DOA 14-2010, f. & cert. ef. 8-31-10
AD 1-1995, f. & cert. ef. 2-3-95
AD 2-1985, f. & ef. 1-18-85

Or. Admin. R. 603-011-0215 Diseases Immediately Reportable by Veterinarians

Any person practicing veterinary medicine in this state shall immediately notify the department by telephone upon observing clinical evidence of any of the following diseases in any species of livestock.

(1) Bacterial Diseases:

(a) Anthrax (Bacillus anthracis);

(b) Avian chlamydiosis/psittacosis (Chlamydia psittaci);

(d) Brucellosis (Brucella abortus, B. mellitensis, B. suis, B. canis);

(e) Contagious bovine pleuropneumonia (Mycoplasma mycoides subsp. mycoides);

(f) Contagious caprine pleuropneumonia (Mycoplasma capricolum subsp. capripneumoniae);

(g) Contagious equine metritis (Taylorella equigenitalis);

(h) Fowl typhoid (Salmonella enterica serovar Gallinarum);

(i) Glanders (Burkholderia mallei);

(j) Heartwater (Ehrlichia ruminantium);

(k) Hemorrhagic septicemia (Pasteurella multocida, serotypes B or E);

(l) Melioidosis (Burkholderia pseudomallei);

(m) Pigeon fever/Ulcerative lymphangitis/Caseous lymphadenitis (Corynebacterium pseudotuberculosis);

(n) Plague (Yersinia pestis);

(o) Pullorum disease (Salmonella enterica serovar Pullorum);

(p) Q fever (Coxiella burnetii);

(q) Salmonella Enteritidis (Salmonella enterica serovar Enteritidis);

(r) Salmonella Typhimurium (Salmonella enterica serovar Typhimurium);

(s) Strangles (Streptococcus equi equi);

(t) Streptococcus equi subspecies zooepidemicus; and

(u) Tularemia (Francisella tularensis).

(2) Fungal Diseases: Systemic fungal diseases.

(3) Parasitic Diseases:

(a) Babesiosis (Babesia bovis, B. bigemina);

(b) Dourine (Trypanosoma equiperdum);

(d) Leishmaniasis (Leishmania spp.);

(e) Mange (Sarcoptes scabiei var ovis, Choriptes bovis, Psoroptes ovis, Psoroptes cuniculi, Psorobia ovis);

(f) New World screwworm (Cochliomyia hominivorax);

(g) Old World screwworm (Chrysomya bezziana);

(h) Surra (Trypanosoma evansi);

(i) Theileriosis (Theileria annulate, T. parva);

(j) Trichinellosis (Trichinella spp.);

(k) Trichomoniasis (Tritrichomonas foetus); and

(l) Trypanosomosis (Tsetse-transmitted) (Trypanosoma congolense, T. vivax, T. brucei brucei).

(4) Prion Diseases:

(a) Bovine spongiform encephalopathy (BSE);

(b) Chronic wasting disease (CWD); and

(5) Viral Diseases:

(a) African Horse Sickness;

(b) African swine fever;

(d) Bluetongue;

(e) Camelpox;

(f) Classical swine fever;

(g) Crimean-Congo hemorrhagic fever;

(h) Duck viral hepatitis (duck hepatitis A virus, duck astrovirus type 1, duck astrovirus type 2) (domestic poultry);

(i) Epizootic hemorrhagic disease;

(j) Equine encephalomyelitis (Eastern);

(k) Equine encephalomyelitis (Venezuelan);

(l) Equine encephalomyelitis (Western);

(m) Equine infectious anemia;

(n) Equine rhinopneumotitis (Equine Herpesvirus, EHV-1) and equine herpesvirus-1 myeloencephalopathy (EHM);

(o) Foot and mouth disease (FMD);

(p) Hendra virus;

(q) Influenza (Influenza A virus);

(r) Japanese encephalitis;

(s) Lumpy skin disease;

(t) Malignant catarrhal fever;

(u) Myxomatosis;

(v) Nairobi sheep disease;

(w) Newcastle disease (Avian paramyxovirus-1, APMV-1) (domestic poultry);

(x) Nipah virus;

(y) Peste des petits ruminants;

(z) Pseudorabies (Aujesky’s disease);

(aa) Rabbit hemorrhagic disease virus (RHDV);

(bb) Rabies;

(cc) Rift Valley fever;

(dd) Rinderpest;

(ee) SARS-CoV-2;

(ff) Sheep pox and goat pox;

(gg) Swine vesicular disease;

(hh) Turkey rhinotracheitis (avian metapneumovirus) (domestic poultry);

(ii) Vesicular exanthema of swine;

(jj) Vesicular Stomatitis; and

(kk) West Nile virus.

History

Statutory/Other Authority: ORS 596.321
Statutes/Other Implemented: ORS 596.321
DOA 104-2026, adopt filed 07/08/2026, effective 07/08/2026

Or. Admin. R. 603-011-0216 Monitored Diseases Reportable by Veterinarians

Any person practicing veterinary medicine in this state shall notify the department on forms provided by it, within 15 days of laboratory confirmation of any of the following monitored diseases. Automatic reporting by diagnostic laboratories may fulfill a veterinarian’s reporting requirement:

(1) Bacterial Diseases:

(a) Anaplasmosis (Anaplasma marginale, A. centrale);

(b) Avian mycoplasmosis (Mycoplasma gallisepticum, M. synoviae);

(d) Bovine genital campylobacteriosis (Campylobacter fetus subsp. venerealis);

(e) Campylobacter-associated abortion (Campylobacter spp.);

(f) Contagious agalactia (Mycoplasma agalactiae, M. capricolum subsp. capricolum, M. mycoides subsp. capri, M. putrefaciens);

(g) Enzootic abortion of ewes (Chlamydia abortus);

(h) Foothill abortion in cattle/Epizootic bovine abortion (Pajaroellobacter abortibovis);

(i) Infectious coryza (Avibacterium paragallinarum);

(j) Johne’s disease/Paratuberculosis (Mycobacterium avium paratubercuosis);

(k) Leptospirosis (Leptospira spp.);

(l) Lyme disease (Borrelia burgdorferi);

(m) Ovine epididymitis/Brucellosis in sheep (Brucella ovis);

(n) Rocky Mountain spotted fever (Rickettsia rickettsii);

(o) Salmon poisoning disease (Neorickettsia helminthoeca);

(p) Salmonella Abortusovis (Salmonella enterica serovar Abortusovis); and

(q) Yersiniosis (Yersinia enterocolitica; Y. pseudotuberculosis).

(2) Fungal Diseases:

(a) Coccidioidomycosis/Valley fever (Coccidioides immitis; C. posadasii);

(b) Cryptococcosis (Cryptococcus spp.); and

(3) Parasitic Diseases:

(a) Baylisascariasis (Baylisascaris spp.);

(b) Cryptosporidiosis (Cryptosporidium spp.);

(d) Echinococcosis/Hydatidosis (Echinococcosis granulosis, E. multilocularis);

(e) Giardiasis (Giardia spp.);

(f) Heartworm disease (Dirofilaria immitis);

(g) Mange (Sarcoptes scabiei variants that are not listed as immediately reportable); and

(h) Toxoplasmosis (Toxoplasma gondii).

(4) Viral Diseases:

(a) Avian infectious bronchitis;

(b) Avian infectious laryngotracheitis;

(d) Canine distemper virus;

(e) Canine parvovirus;

(f) Caprine arthritis and encephalitis;

(g) Enzootic bovine leukosis;

(h) Equine enteric coronavirus;

(i) Equine viral arteritis;

(j) Feline immunodeficiency virus (FIV);

(k) Feline infectious peritonitis (FIP);

(l) Feline leukemia virus disease complex (FeLV);

(m) Feline panleukopenia;

(n) Infectious bovine rhinotracheitis/Infectious pustular vulvovaginitis (Bovine herpesvirus 1 (BoHV-1));

(o) Infectious bursal disease/Gumboro disease;

(p) Lymphocytic choriomeningitis;

(q) Maedi-visna/Ovine progressive pneumonia;

(r) Porcine reproductive and respiratory syndrome (PRRS);

(s) Swine Enteric Coronavirus Diseases (SECD) (Porcine Epidemic Diarrhea virus (PEDv), Porcine Delta Coronavirus (PDCoV));

(t) Transmissible gastroenteritis virus; and

(u) Virulent systemic feline calicivirus.

History

Statutory/Other Authority: ORS 596.321
Statutes/Other Implemented: ORS 596.321
DOA 104-2026, adopt filed 07/08/2026, effective 07/08/2026

Or. Admin. R. 603-011-0217 Enforcement Guidelines

(1) The Department may use alternative enforcement actions in addition to, or instead of, assessing a civil penalty. Alternative enforcement actions may include, but are not limited to a letter of advisement or a notice of violation.

(2) In addition to any other penalty provided by law, the Director may assess civil penalties for a veterinarian’s failure to report diseases required by ORS 596.321(2) or OAR 603-011-0214 through 603-011-0216. Civil penalties will be assessed in accordance with the number of violations determined as follows:

(a) Each 24-hour period that elapses after a veterinarian observes clinical evidence of any disease or condition required to be reported under OAR 603-011-0214 and 603-011-0215 in any species, without reporting to the Department, shall constitute a separate and distinct violation under the same violation classification as set forth in subsection (3) below, except as otherwise provided under subsection (4).

(b) The failure to report a disease required to be reported under OAR 603-011-0216 within 15 days of laboratory confirmation shall constitute a single violation.

(3)(a) Maximum civil penalties are not to exceed the following:

(A) First Violation - $125

(B) Second Violation - $375

(b) In determining whether a violation is first, second, or third violation for the purpose of this subsection, the Department will consider past violations and not the length of time taken to report a single disease.

(4) Notwithstanding sections (2) and (3) of this rule, any violation that results in substantial harm to human health or animal health, the subsequent spread of disease to non-infected premises, or that requires the Department to incur costs to address the violation may be subject to a civil penalty of not more than $1,000 per violation.

History

Statutory/Other Authority: ORS 561.90 & 596.995
Statutes/Other Implemented: ORS 596.321
DOA 102-2026, adopt filed 06/12/2026, effective 06/12/2026

Or. Admin. R. 603-011-1000 Definitions

Unless otherwise indicated below, the following definitions apply to ORS Chapter 596 and OAR 603-011-0053 to 603-011-1735:

(1) “APHIS” means the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA).

(2) "Approved Veterinarian" means a licensed graduate veterinarian accredited by the federal authorities in the state of origin or an authorized veterinarian of the U.S. Government or of the state government of state of origin.

(3) "Beef Cattle" means cattle of the recognized beef breeds or crosses of such breeds.

(4) "Certificate of Veterinary Inspection" means a legible record complying with the animal health requirements of the State of Oregon, from the state of origin, approved and issued by the livestock health official of that state, or an equivalent form from the U.S. Government, and issued by an approved veterinarian.

(5) "Dairy Cattle" includes all of the following:

(a) All cattle, regardless of age, sex, breed, or current use, that are born on a dairy farm or are of a breed(s) used to produce milk or other dairy products for human consumption; and

(b) Cross bred calves of any breed, including, but not limited to, Ayrshire, Brown Swiss, Holstein, Jersey, Guernsey, Milking Shorthorn, and Red and Whites, that are born to Dairy Cattle.

(6) “Department” means the Oregon Department of Agriculture.

(7) “Director” means the Director of the Oregon Department of Agriculture, or a duly authorized representative.

(8) “Exhibition” means an event where livestock owned by two or more persons are brought to one location in Oregon for judging, competition, performance, or display. For the purpose of this rule, an event that includes multiple such events, but is organized and advertised as a single event that occurs at the same location for a consecutive time period, such as the state or a county fair, may be registered a single exhibition.

(9) “Grazing Permit” means a document issued by the Department at or before the time an identified person moves a specific herd of cattle from this state to a specific location in another state for grazing as a usual part of the person’s ranching operations, which authorizes the re-entry of the same cattle herd to the place of origin in this state within a specified period of time without the need for an additional permit at the time of the re-entry.

(10) "Herd" means a group of livestock managed as a separate unit and not mixed with other livestock under the same ownership.

(11) "Import Permit" means the permit referenced in ORS 596.341(2) that allows the doing of the acts recited therein.

(12) "Livestock" includes, but is not limited to, horses, mules, jennies, jackasses, cattle, sheep, dogs, hogs, goats, domesticated fowl, psittacines, ratites, domesticated fur-bearing animals, bison, cats, poultry, and any other vertebrate in captivity. Fish are not "livestock." This definition does not apply to ORS 596.615 to 596.681.

(13) "Livestock Auction Market" means an Oregon licensed livestock auction market or stockyard where animal health inspection is continually maintained by the Department and Oregon import requirements for imported livestock may be completed before the animals leave the market.

(14) “Official Individual Identification” means the unique identification of individual animals with a device in accordance with 9 CFR Part 86.

(15) "Official Test" means any test to determine qualitatively or quantitatively the presence or absence of disease and performed by a laboratory, or by specific personnel, approved by the livestock health official of the animals’ state of origin.

(16) “Other avian species” means all birds not defined as Poultry, whether held in captivity or released from captivity.

(17) "Person" means partnerships, individuals, corporations, or associations.

(18) “Poultry” means chickens, turkeys, waterfowl, pheasants, quail, partridges, grouse, guineas, and peafowl.

(19) “Quarantine” means the summary confinement of animals, vehicle, persons, premises, or property, as authorized by ORS 596.361, 596.392(4)-(5), or 596.394-596.402, as designated or prescribed by the Department until released therefrom by order of the Department.

(20) "Quarantined Herd or Area" means a herd or area, county, or state quarantined by either the U.S. Department of Agriculture or by a state for any reason.

(21) "Slaughtering Establishment" has the meaning provided in OAR 603-012-0001.

(22) “Swine” means all porcine species.

(23) “Tuberculosis Qualified Location” means a location specifically approved by the State Veterinarian to hold Mexico-origin cattle or bison until all required post-entry testing is complete

(24) “Waterfowl” means ducks, geese, and swans raised in captivity.

(25) “USDA” means the United States Department of Agriculture.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.341
DOA 97-2026, amend filed 04/08/2026, effective 04/08/2026
DOA 1-2024, renumbered from 603-011-0250, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 11-2020, amend filed 07/20/2020, effective 07/20/2020
DOA 4-2011, f. & cert. ef. 1-7-11
DOA 15-2002, f. & cert. ef. 6-13-02
DOA 2-2002(Temp), f. & cert. ef. 1-18-02 thru 7-4-02
AD 3-1984, f. & ef. 1-20-84
AD 1-1981, f. & ef. 1-9-81
AD 1074(37-74), f. 9-20-74, ef. 10-11-74
AD 890(20-68), f. 10-28-68, ef. 11-1-68

Or. Admin. R. 603-011-1050 Exhibition Definitions

The definitions in OAR 603-011-1000 and the following definitions apply to OAR 603-011-1050 to 603-011-1057:

(1) “Designated contact” means the primary point of contact for an exhibition. The designated contact is also responsible for ensuring compliance with relevant requirements.

(2) “Exhibition organizer” means the individual, association, organization, public body, or other entity organizing the exhibition.

(3) “Facility owner” means the individual, association, organization, public body, or other entity that owns the property or facility at which the exhibition will occur, that has authority to exercise operational or management control over the property or facility at which the exhibition will occur (e.g., lessee), or that has authority to conduct the day-to-day operation of the property or facility at which the exhibition will occur (e.g., property manager).

(4) “Influenza susceptible animal” means species of livestock that are known to be susceptible to infection with zoonotic influenza viruses through respiratory spread, or as asymptomatic carriers. Includes waterfowl and other poultry, dairy cattle, and swine.

(5) “Premises of origin” means the physical location where livestock resided prior to arrival at the exhibition.

(6) “Veterinarian of record” means a veterinarian designated by the exhibition to provide veterinary services and exercise general veterinary oversight on behalf of the exhibition.

History

Statutory/Other Authority: ORS 596.020
Statutes/Other Implemented: ORS 596.020
DOA 97-2026, adopt filed 04/08/2026, effective 04/08/2026

Or. Admin. R. 603-011-1051 Exhibition Registration

A facility owner must register an exhibition with the Department at least 20 days prior to the start of the exhibition on a form provided by the Department. If an exhibition will use different property or facilities that have different facility owners, a facility owner for each property or facility must register.

History

Statutory/Other Authority: ORS 596.020
Statutes/Other Implemented: ORS 596.020
DOA 97-2026, adopt filed 04/08/2026, effective 04/08/2026

Or. Admin. R. 603-011-1052 Official Identification

The following species of livestock must bear official individual identification, regardless of age, if present at an exhibition after January 1, 2027:

(1) Beef Cattle;

(2) Cervidae (deer and elk);

(3) Dairy Cattle;

(4) Goats;

(5) Sheep; and

(6) Swine.

History

Statutory/Other Authority: ORS 596.020
Statutes/Other Implemented: ORS 596.020
DOA 97-2026, adopt filed 04/08/2026, effective 04/08/2026

Or. Admin. R. 603-011-1053 Exhibition Recordkeeping

The exhibition organizer must collect the following records at the time of entry into the exhibition and the designated contact must maintain these records for a minimum of 90 days after the completion of the exhibition. Records must be provided to the Department upon request.

(1) A record of each livestock present at the exhibition that shall include at a minimum:

(a) Official individual identification,

(b) Other individual animal identification present (herd tag, registration number, etc),

(d) The physical address of the premises of origin, and

(e) Verification of any applicable test and or vaccination requirements.

(2) For any livestock coming from a premises of origin outside the State of Oregon, a Certificate of Veterinary Inspection (CVI), showing:

(a) The physical address of the premises of Origin,

(b) The physical address of the exhibition,

(d) Verification of any applicable test and or vaccination requirements required under OAR 603-011-1100 to 603-011-1735.

History

Statutory/Other Authority: ORS 596.020
Statutes/Other Implemented: ORS 596.020
DOA 97-2026, adopt filed 04/08/2026, effective 04/08/2026

Or. Admin. R. 603-011-1054 Exhibition Health Requirements

The following general livestock health requirements apply to any exhibition:

(1) Each exhibition organizer shall ensure that at least one designated veterinarian is involved in the planning of the exhibition, and available to provide veterinary care if needed, during each day in which livestock are present at the exhibition.

(2) No person shall allow entry to the exhibition or introduce to the exhibition livestock suspected of being infected with, exposed to, or a carrier of a disease.

(3) Each exhibition organizer shall provide a designated isolation area, ensuring:

(a) A written protocol is maintained and communicated to all exhibitors for the immediate isolation of livestock showing signs or symptoms of any disease;

(b) Isolation areas shall be located away from all other livestock, and may not share confined air space, panels/fence lines, feeding, or watering space with other livestock not in the isolation area; and

(c) Access to the isolation area shall be limited to the owner(s) of isolated livestock, or their designated caretaker, designated show staff, and the veterinarian of record or other veterinarian(s) directly involved in the care of isolated livestock.

(4) Any livestock showing signs or symptoms of any disease shall be immediately removed to the designated isolation area until examined by the veterinarian of record. Disposition of such livestock shall be at the sole discretion of the veterinarian of record.

History

Statutory/Other Authority: ORS 596.020
Statutes/Other Implemented: ORS 596.020
DOA 97-2026, adopt filed 04/08/2026, effective 04/08/2026

Or. Admin. R. 603-011-1055 Specific Disease Requirements

The following additional requirements apply to exhibitions where influenza susceptible animals are present:

(1) Influenza susceptible animals must be housed separately from other species of influenza susceptible animals, and may not share confined air space, panels/fence lines, feeding, or watering space with other species of influenza susceptible species;

(2) Lactating dairy cattle may not be milked in areas that are directly accessible to the general public. If lactating dairy cattle are milked in a stall or other area accessible to the public, a barrier must be placed to keep the public at least 10 feet away from the cow being milked; and

(3) Waterfowl may not be provided open containers of water, at any time, except to drink from. Any open container of water provided to waterfowl must be sized sufficiently small to prevent waterfowl from entering the water.

History

Statutory/Other Authority: ORS 596.020
Statutes/Other Implemented: ORS 596.020
DOA 97-2026, adopt filed 04/08/2026, effective 04/08/2026

Or. Admin. R. 603-011-1056 Exhibitions Open to the General Public

For exhibitions that are open to the general public, or which allow attendance by individuals that are not exhibiting livestock or their immediate family members, the exhibition organizer shall at a minimum:

(1) Provide an accessible hand-washing station or alternative hand sanitizing method approved by the local health officer near each area where livestock are housed;

(2) Post a prominent sign in a simple and easy to understand format for visitors to see before they enter areas where livestock are housed which warns that:

(a) Animals can carry germs that can make people sick, even animals that appear healthy;

(b) Eating, drinking, or putting things in a person's mouth in animal areas could cause illness;

(c) Older adults, pregnant women, immunocompromised people, and young children are more likely to become ill from contact with animals;

(d) Young children and individuals with intellectual disabilities should be supervised in animal exhibit areas; and

(e) Strollers, baby bottles, pacifiers, and children's toys are not recommended in animal exhibit areas; and

(3) Post a prominent sign at each exit from areas where livestock are housed reminding visitors to wash their hands.

History

Statutory/Other Authority: ORS 596.020
Statutes/Other Implemented: ORS 596.020
DOA 97-2026, adopt filed 04/08/2026, effective 04/08/2026

Or. Admin. R. 603-011-1057 Exhibition Compliance

With the exception of OAR 603-011-1051, and without limiting the obligations of others, including the exhibition organizer or exhibitors, to comply with the requirements in this rule, the designated contact shall ensure that all relevant requirements in OAR 603-011-1050 to 603-011-1057 are followed.

History

Statutory/Other Authority: ORS 596.020
Statutes/Other Implemented: ORS 596.020
DOA 97-2026, adopt filed 04/08/2026, effective 04/08/2026

Or. Admin. R. 603-011-1100 Import Requirements – General Provisions

(1) No livestock that are affected with or that have been known to be exposed to any infectious, contagious, or communicable disease, shall be shipped or in any manner moved or transported into Oregon except as authorized in this rule.

(2) No livestock may be imported into Oregon that are specifically prohibited from interstate movement by the U.S. Department of Agriculture.

(3) Except as otherwise provided in this rule, all livestock transported or moved in any manner into Oregon are required to obtain a Certificate of Veterinary Inspection or Grazing Permit at the point of origin before entry. A Certificate of Veterinary Inspection shall be void 30 days after the date of inspection of the animal(s), and must be received by the Department within 14 days of issuance. The Certificate of Veterinary Inspection shall contain, in addition to information that may be required for a particular species of livestock, the following information:

(a) Complete name, address, and phone number of consignor and consignee;

(b) Physical address of both the origin and destination location of the livestock in of the shipment;

(d) A description or identification of the kind and quantity of livestock to be shipped, including the age, sex, breed, brands, or marks, tags, or official identification devices;

(e) Visible signs of clinical disease in the livestock being shipped;

(f) Results and dates of required tests and vaccinations;

(g) A unique serial number imprinted on the form, traceable to the veterinarian issuing the certificate; and

(h) Information that individually identifies the animal. As an alternative to including this information on the Certificate of Veterinary Inspection, another document may be used to provide this information as long as it complies with 9 CFR § 86.1.

(4) The following are exempt from the requirement to obtain a Certificate of Veterinary Inspection or Grazing Permit:

(a) Animals being moved or transported directly (without diversion) to a licensed Oregon Slaughtering Establishment. Animals consigned for slaughter and received in such Slaughtering Establishments may not be released from such establishments except by special permission from the State Veterinarian;

(b) Livestock originating in other states and shipped to a state-federal approved Livestock Auction Market in Oregon. Such livestock must comply with all other applicable administrative rules for import into Oregon;

(d) Any resident animal leaving and returning to Oregon within 30 days.

(5) Except as otherwise provided in this rule, all livestock transported or moved in any manner into Oregon are required to obtain an import permit from the Department before entry. The permit number shall be recorded on the Grazing Permit or Certificate of Veterinary Inspection, and must be in the possession of the driver of the vehicle or person in charge of the animals. All import permits shall be void 30 days after date of issuance, unless specified otherwise at time of issuance. A request for an import permit must include the following information:

(a) Number and kind of livestock;

(b) Complete name, phone number, and address of consignor, and physical address of origin of shipment, if different from consignor address;

(d) Complete name, phone number, and address of consignee and physical address of destination location of livestock in the shipment;

(e) Intended purpose of shipment;

(f) A unique serial number of the Certificate(s) of Veterinary Inspection associated with the Import Permit, traceable to the veterinarian issuing the certificate; and

(g) Complete name, phone number, and address of accredited veterinarian issuing the CVI.

(6) The following are exempt from the requirement to obtain an Oregon import permit:

(a) Animals being moved or transported directly (without diversion) to a licensed Oregon slaughtering establishment. Animals consigned for slaughter and received in such slaughtering establishments may not be released from such establishments except by special permission from the State Veterinarian;

(b) Livestock originating in other states and shipped to a state-federal approved Livestock Auction Market in Oregon. Such livestock shall be required to comply with all other applicable administrative rules for import into Oregon;

(d) Any resident animal leaving and returning to Oregon within 30 days;

(e) Dogs, cats, reptiles, and non-poultry birds traveling interstate in a family vehicle as part of that social entity; and

(f) Livestock not originating from a quarantined herd or area, and for which the Department has on file in its database a valid electronic Certificate of Veterinary Inspection, bearing the seal of approval from the National Assembly of State Animal Health Officials, demonstrating that such livestock have met all other applicable importation requirements.

(7) At the time an import permit is requested, the Department shall require that a Certificate of Veterinary Inspection or Grazing Permit be obtained at the point of origin and shall accompany the applicable livestock into Oregon.

(8) The State Veterinarian may allow any livestock import requirements to be completed at the first point of destination within this state, on a case-by case basis, if it is determined by the State Veterinarian that such action will not create a disease hazard to the livestock of this state.

(9) All livestock imported into Oregon must meet the United State Department of Agriculture Animal Disease Traceability standards as specified by 9 CFR Part 86.

(10) Requirements for the exhibition of livestock shall comply with the directives of the Department for that specific exhibit.

(11) Canadian cattle imported into Oregon must comply with all of the following:

(a) They must be born after 1999, individually identified by an official Canadian ear tag, applied before the animal’s arrival at the port of entry into the United States, that is traceable to the premises of Canadian origin of the animal and that is listed on the Certificate of Veterinary Inspection.

(b) They must have a properly applied hot iron CAN brand or tattoo.

(A) If a brand is used, the CAN brand must be easily visible on the live animal and on the carcass before skinning. The CAN brand must be not less than 2 inches nor more than 4 inches high, and must be applied to each animal’s right hip, high on the tail-head (over the junction of the sacral and first coccygeal vertebrae).

(B) If a tattoo is used, the letters CAN must be applied to the inside of the left ear. The tattoo must be not less that 3/8 inches high and visible to the naked eye on the inside of the left ear.

(12) Livestock being transported or moved, in any manner, into Oregon without an import permit and a Certificate of Veterinary Inspection or Grazing Permit, when required, shall be held in quarantine at the owner's risk and expense until released by the Department. This section shall not be construed as a waiver of enforcing the provisions of ORS 596.990 for violation of regulations relating to importation of livestock.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.341
DOA 1-2024, renumbered from 603-011-0255, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 22-2023, temporary amend filed 05/22/2023, effective 05/22/2023 through 11/17/2023
DOA 12-2020, amend filed 07/20/2020, effective 07/20/2020
DOA 8-2017, f. & cert. ef. 3-22-17
DOA 1-2011, f. & cert. ef. 1-6-11
DOA 17-2008, f. & cert. ef. 7-15-08
Reverted to DOA 1-2000, f. & cert. ef. 1-4-00
DOA 18-2007(Temp), f. 11-9-07, cert. ef. 11-15-07 thru 5-10-08
DOA 1-2000, f. & cert. ef. 1-4-00
AD 3-1984, f. & ef. 1-20-84
AD 7-1981, f. & ef. 5-13-81
AD 9-1977, f. & ef. 4-6-77
AD 1047(37-74), f. 9-20-74, ef. 10-11-74
AD 890(20-68), f. 10-28-68, ef. 11-1-68

Or. Admin. R. 603-011-1110 Import Requirements – Grazing Permit for Oregon Cattle

(1) In order to qualify for the issuance of a Grazing Permit, the following conditions shall be met:

(a) The cattle shall be a part of an established breeding herd in this state which had been assembled (other than births in the herd) more than four months prior to the submission of an application for a grazing permit, except that breeding bulls must be added to the herd prior to the submission of an application for a grazing permit;

(b) The out-of-state location for the grazing or feeding of the cattle shall be owned or leased by the owner of the cattle herd, and shall be so situated and sufficiently fenced to prevent the herd from commingling with all other cattle; and

(d) The applicant has not violated these rules or the requirements of a Grazing Permit within the last 2 years.

(2) An application for a Grazing Permit shall be on a form prescribed by the Department, shall be submitted to the Department at least 14 days prior to the intended movement of the cattle herd, and shall include:

(a) The name and address of the applicant, and the Oregon location of the cattle herd;

(b) The number, gender, breed, approximate average age, and brand identification (if any) of the cattle in the herd;

(c) The specific location and state to which the cattle herd is to be moved, the description of conditions that are intended to prevent commingling of the herd with other cattle, the intended length of time before the herd would be returned to this state; and intended date of movement to the out-of-state location;

(d) The declarations, upon which the Department is to rely, stating when the cattle herd had been finally assembled, and stating the reasons the intended movement of the cattle herd should be considered a usual part of the applicant’s ranching operations;

(e) For all breeding bulls, 18 months of age and over, leaving Oregon as part of a herd that is requesting recognition of an out-of-state grazing permit, one negative qPCR trichomoniasis test within the 12 months preceding return entry into Oregon;

(f) An attached copy of the trichomoniasis test record that includes the Official Individual Identification of the bull(s) tested and the name and telephone number of the testing veterinarian; and(g) An agreement to provide information requested by the Department relating to the Grazing Permit or to ensure compliance therewith, including documentation to validate which animals are moved out of and returned to Oregon.

(3) A Grazing Permit shall expire six months after its date of approved departure. Prior to the expiration date, a Grazing Permit may be revoked or suspended by the Department if it determines that:

(a) Any of the evidence or declarations in the application for a Grazing Permit was false or misleading;

(b) Any of the circumstances or conditions specified in section (2) of this rule was non-existent or falsely stated; or

(c) After the cattle herd has been moved to the authorized out-of-state location, the cattle have thereafter been moved to a location other than authorized in the permit, or cattle have been added to or inserted as replacement in the herd, or the cattle in the herd have been allowed to commingle with other cattle; or

(d) Permittee has violated a condition of the permit, including any conditions relating to reporting.

(4) The Grazing Permit may be revoked or suspended by personally serving, or mailing by certified mail to, the permittee a written determination and order. If the grazing permit is revoked or suspended while the cattle herd is out of state, the cattle shall not be allowed re-entry into this state unless the person having custody of the cattle complies with all of the regular requirements for the importation of cattle into this state.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.341
DOA 102-2026, amend filed 06/12/2026, effective 06/12/2026
DOA 1-2024, renumbered from 603-011-0263, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 3-2011, f. & cert. ef. 1-6-11
AD 6-1987, f. & ef. 5-5-87

Or. Admin. R. 603-011-1111 Import Requirements – Grazing Permit for Cattle From Other States

(1) In lieu of meeting all of the requirements for the issuance of an import permit by this Department for the importation of cattle into this state, a person desiring to transport cattle into this state for the purpose of grazing for a limited time period may apply to the Department for recognition of a grazing permit issued to the person by the state in which the cattle are situated. If the Department determines recognition is appropriate, it shall issue a permit for the importation of the cattle into this state.

(2) In order to qualify for recognition of an out-of-state grazing permit, the following conditions shall be met:

(a) The grazing permit must be based upon the same or equivalent conditions and requirements for the issuance of an Oregon grazing permit, as set forth in OAR 603-011-1110;

(b) The Oregon location for the grazing or feeding of the cattle shall be owned or leased by the owner of the cattle herd, and shall be so situated and sufficiently fenced to prevent the herd from commingling with all other cattle.

(c) The grazing permit must have been issued to the person requesting its recognition and apply to the cattle desired to be transported into this state;

(d) All breeding bulls, 18 months of age and over, entering Oregon as part of a herd that is requesting recognition of an out-of-state grazing permit, must have one negative qPCR trichomoniasis test within the 12 months preceding entry;

(e) Any herd in which trichomoniasis has been diagnosed within the past 24 months is ineligible for recognition of a grazing permit;

(f) All out-of-state grazing permits shall include an attached copy of the trichomoniasis test record that includes the Official Individual Identification of the bull(s) tested and the name and telephone number of the testing certified veterinarian;

(g) A written agreement must be in effect between this Department and the comparable agency of the state issuing the grazing permit, wherein reciprocal recognition is given to the grazing permits of the respective states and their administrative requirements and conditions for the issuance of the permits; and

(h) Permittee shall comply with the conditions and requirements of the out-of-state grazing permit, with the compliance status determined by the Department.

(3) An application for recognition of an out-of-state grazing permit shall be on a form prescribed by the Department, shall be submitted to the Department at least 14 days prior to the intended movement of the cattle herd, and shall be accompanied by a certified or duplicate-original copy of the out-of-state grazing permit issued to the applicant.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.341
DOA 102-2026, amend filed 06/12/2026, effective 06/12/2026
DOA 1-2024, renumbered from 603-011-0264, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 3-2011, f. & cert. ef. 1-6-11
AD 6-1987, f. & ef. 5-5-87

Or. Admin. R. 603-011-1210 Importation Requirements – Bovine Trichomoniasis

In addition to the requirements of OAR 603-011-1100 and all other import requirements, the following shall apply to the importation of cattle:

(1) Any bull of any age with known breeding contact with female cattle, and each bull 18 months of age and over, shall have all of the following prior to entering Oregon:

(a) Negative test results from an individual or laboratory-pooled qPCR trichomoniasis test within 60 days preceding entry into Oregon performed by a certified veterinarian at an official laboratory;

(b) A Certificate of Veterinary Inspection that states:

(A) The bulls represented on this Certificate of Veterinary Inspection have been tested for and found to be negative for trichomoniasis pursuant to subsection (1)(a) above and have been confined and have not had sexual contact with females since their last negative test; and

(B) Trichomoniasis has not been diagnosed in the herd of origin within the past 24 months; and

(2) Bulls are exempt from the trichomoniasis test requirements for entry into Oregon if any one or more of the following conditions apply:

(a) They are used solely for exhibition purposes and remain under confinement at the location of the exhibition without having access to or being allowed to commingle with sexually mature female cattle;

(b) They are used solely for artificial insemination using semen extension and preservation protocols that meet Certified Semen Services standards; or

History

Statutory/Other Authority: ORS 596
DOA 1-2024, renumbered from 603-011-0615, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 5-2015, f. & cert. ef. 2-23-15
DOA 9-2010, f. & cert. ef. 2-26-10
DOA 13-2009(Temp), f. 8-28-09 cert. ef. 9-1-09 thru 2-28-10
DOA 15-2008, f. 6-12-08, cert. ef. 9-1-08

Or. Admin. R. 603-011-1215 Import Requirements – Brucellosis

In addition to the requirements of OAR 603-011-1100 and all other import requirements, the following shall apply to the importation of any species of livestock susceptible to brucellosis:

(1) Wild-captured cervids over six months of age shall test negative for brucellosis no more than 30 days prior to entry into Oregon.

(2) Privately owned cervids originating in a herd classified by USDA as a Certified Brucellosis-Free Cervid Herd do not require a brucellosis test prior to entry into Oregon. Privately owned cervids originating in any other herd shall test negative for brucellosis no more than 30 days prior to entry into Oregon. When brucellosis is confirmed in a herd, the entire herd shall be denied entry into Oregon.

History

Statutory/Other Authority: ORS 561 & 596.341
Statutes/Other Implemented: ORS 596.341
DOA 1-2024, renumbered from 603-011-0270, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 21-2011, f. & cert. ef. 10-14-11
AD 1-1993, f. & cert. ef. 1-7-93
AD 12-1987, f. & ef. 11-19-87
AD 16-1986, f. & ef. 12-31-86
AD 11-1984, f. & ef. 8-28-84
AD 3-1984, f. & ef. 1-20-84
AD 9-1981, f. & ef. 6-9-81
AD 8-1981(Temp), f. & ef. 5-18-81
AD 2-1981, f. & ef. 1-12-81
AD 1-1981, f. & ef. 1-9-81
AD 8-1979, f. 8-8-79, ef. 9-1-79
AD 9-1978, f. & ef. 7-3-78
AD 9-1977, f. & ef. 4-6-77
AD 1095(16-76), f. & ef. 4-26-76
AD 1082(5-76), f. & ef. 3-1-76
AD 1047(37-74), f. 9-20-74, ef. 10-11-74
AD 890(20-68), f. 10-28-68, ef. 11-1-68

Or. Admin. R. 603-011-1220 Import Requirements – Equine Infectious Anemia (EIA)

In addition to the requirements of OAR 603-011-1100 and all other import requirements, A negative Official Test for equine infectious anemia (EIA) within the twelve months prior to entry into Oregon shall be required for all horses, mules, asses, or other Equidae, except for:

(1) Equidae imported for the sole purpose of treatment by a licensed veterinarian, immediately after which such Equidae is returned directly to place of origin; or

(2) Suckling foals under six months of age, traveling with their dams.

History

Statutory/Other Authority: ORS 561.190 & 596.341
Statutes/Other Implemented: ORS 596.341
DOA 1-2024, renumbered from 603-011-0305, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 14-2020, amend filed 07/20/2020, effective 07/20/2020
AD 10-1994, f. & cert. ef. 8-12-94
Reverted to AD 3-1984, f. & ef. 1-20-84
AD 11-1993(Temp), f. 8-19-93, cert. ef. 8-20-93
Reverted to AD 3-1984, f. & ef. 1-20-84
AD 9-1992(Temp), f. & cert. ef. 7-29-92
AD 3-1984, f. & ef. 1-20-84
AD 1-1981, f. & ef. 1-9-81
AD 1111(32-76), f. & ef. 11-15-76
AD 1099(20-76), f. & ef. 7-1-76
Reverted to AD 1047(37-74), f. 9-20-74, ef. 10-11-74
AD 1077(1-76)(Temp), f. & ef. 1-20-76 thru 5-18-76
AD 1047(37-74), f. 9-20-74, ef. 10-11-74
AD 890(20-68), f. 10-28-68, ef. 11-1-68

Or. Admin. R. 603-011-1222 Import Requirements – Highly Pathogenic Avian Influenza

In addition to the requirements of OAR 603-011-1100 and any other import requirements, the following shall apply to the importation of livestock susceptible to influenza:

(1) As used in this rule this rule:

(a) “Exposed cattle” means any cattle that have been on the same premises as infected cattle or a suspected case within the previous 30 days.

(b) “Federal Order” means the Federal Order Requiring Testing for and Reporting of Highly Pathogenic Avian Influenza (HPAI) in Livestock, issued by the USDA APHIS on April 24, 2024.

(d) “Suspected case” means any cattle exhibiting clinical signs of HPAI.

(2) All dairy cattle imported into Oregon must comply with the requirements for interstate movement specified in the Federal Order, in addition to the specific requirements below:

(a) No exposed cattle, infected cattle, or suspected case may be imported into Oregon.

(b) Dairy cattle that are not exposed cattle, infected cattle, or a suspected case, but that originate from a state with a suspected case or infected cattle within the previous 30 days, must be accompanied by:

(A) A Certificate of Veterinary Inspection that was completed no more than 7 days prior to importation into Oregon; and

(B) A valid import permit issued by the Department pursuant to OAR 603-011-1100(5).

History

Statutory/Other Authority: ORS 561.190 & 596.341
Statutes/Other Implemented: ORS 561.190, 596.341, ORS 596.020, 596.351 & 596.355
DOA 5-2025, adopt filed 01/31/2025, effective 02/01/2025

Or. Admin. R. 603-011-1223 Import Requirements- New World Screwworm

In addition to the requirements of OAR 603-011-1100 and all other import requirements, the following shall apply to the importation of any species of warm-blooded livestock:

(1) As used in this rule:

(a) “Approved and effective treatment” means US Food and Drug Administration (FDA)-approved animal drugs labeled for indications other than NWS myiasis that scientific literature indicates may be effective to prevent or treat New World Screwworm (NWS) myiasis and Environmental Protection Agency (EPA) regulated products carrying a label for NWS and known to be effective against NWS. Dosage must be at a rate known to effectively treat NWS.

(b) “Infested zone” means an area designated by the State Animal Health Official in the state of origin where New World Screwworm (NWS) has been detected. This may include:

(A) a minimum of 20 km around a known infested premises where a reproducing fly population of NWS is confirmed. Roads and other natural or manmade barriers/landmarks may be used to clearly define the area,

(B) an area beyond the 20 km to include the county where NWS has been detected and suspected to have an established reproducing fly population, and all adjoining counties, or a designated geographic area determined by the infested state or USDA, whichever area is greater, or

(c) “Infested state” means a state that has a confirmed detection of New World Screwworm (NWS) in a warm-blooded livestock or a detection of the fly itself and is suspected to have an established reproducing fly population. A state is considered affected until state or federal officials declare the state free of NWS.

(d) “Warm-blooded livestock” means all livestock species belonging to the Class Aves or Mammalia.

(e) “Wound” means non-healed traumatically or surgically induced lesions of any size. To include fresh brands, dehorning, and castrations.

(2) If any warm-blooded animal in the shipment is suspected to have a New World Screwworm (NWS) infestation, all animals in the shipment are not allowed entry into Oregon until all animals in the shipment have been treated and all wounds have healed.

(3) No alternative documents will be accepted for movement from an infested state, including but not limited to an Extended Equine Movement Permit, Owner-Shipper Statement and Grazing Permits.

(4) Except as otherwise provided in section (7) of this rule, warm-blooded livestock originating from an infested state must be accompanied by a Certificate of Veterinary Inspection (CVI) which displays a valid Import Permit issued by the Department no less than 48 hours prior to leaving the point of origin. The exemptions in OAR 603-011-1100(6) do not apply to any warm-blooded livestock originating from an infested state.

(5) Except as otherwise provided in section (7) of this rule, warm-blooded livestock originating from an infested state must be accompanied by a Certificate of Veterinary Inspection (CVI) certifying they have been inspected by a USDA accredited veterinarian within five (5) days prior to leaving the point of origin. The CVI must include the statement, “All animals were individually inspected and found free of wounds.” The exemptions in OAR 603-011-1100(4) do not apply to any warm-blooded livestock originating from an infested state.

(6) Except as otherwise provided in section (7) of this rule, warm-blooded livestock originating from within an infested zone must be accompanied by a Certificate of Veterinary Inspection (CVI) as required in section (6) of this rule, that additionally meets the following requirements:

(a) The CVI must document:

(A) that all warm-blooded livestock have been treated with an approved and effective treatment no less than 24 hours, and no more than 14 days prior to physical entry into Oregon.

(B) the approved and effective treatment must by administered by or directly overseen by an authorized state or federal representative, or a USDA accredited veterinarian, and

(b) The CVI is valid to leave the point of origin within five (5) days from the date of administration of an approved and effective treatment, or inspection, whichever occurs first, and

(c) The CVI must include the statement, “All animals were individually inspected and found free of evidence of NWS infestation.”,

(7) The following warm-blooded livestock originating from within an infested zone are exempt from the specified requirements in sections (4)-(6) of this rule:

(a) The following pre-movement time periods apply to dairy calves less than 60 days of age which have been individually inspected and found free of NWS larvae or wounds:

(A) Dairy calves less than 60 days of age may be moved immediately following administration of an approved and effective treatment, and

(B) Dairy calves less than 60 days of age must obtain an import permit no less than 24 hours prior to leaving the point of origin.

(b) Hatching and table eggs, and chicks under 5 days of age, originating from flocks under the supervision of the National Poultry Improvement Plan classified under 145.B, 145.C, 145.D, 145.J, 146.B, 146.C, or 146.D, meeting the requirements in OAR 603-011-1230.

History

Statutory/Other Authority: ORS 561.190 & 596.341
Statutes/Other Implemented: ORS 561.190, 596.341, ORS 596.020, 596.351 & 596.355
DOA 101-2026, adopt filed 06/04/2026, effective 06/04/2026

Or. Admin. R. 603-011-1225 Import Requirements - Rabies

In addition to the requirements of OAR 603-011-1100 and all other import requirements, the following shall apply to the importation of any species of livestock susceptible to rabies:

(1) Before any dog or cat enters Oregon, it must have been vaccinated against rabies in accordance with the recommendations set forth in the “Compendium of Animal Rabies Prevention and Control, 2016,” issued by the National Association of Public Health Veterinarians, Inc. Each dog or cat must be identified by a dated vaccination certificate. Puppies or kittens under four months of age are not required to be vaccinated unless they originate in a quarantined area.

(2) Except as provided in section (3) of this rule, imported mammals other than ungulates (hoofed animals) and domesticated dogs and cats must originate from a licensed or otherwise officially recognized facility where the animals are all captive-bred and reared.

(3) Mammals captured from the wild may be imported only with specific permission from the State Veterinarian and must meet one of the following conditions:

(a) The individual animal must have been kept as a private pet by the importer for a minimum of one year as certified by veterinary records and/or a signed, notarized affidavit from the importer; or

(b) The importer must be a United States Department of Agriculture (USDA) Registered facility, or accredited by the American Zoo and Aquarium Association.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.341
DOA 1-2024, renumbered from 603-011-0370, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 13-2020, amend filed 07/20/2020, effective 07/20/2020
AD 6-1985, f. & ef. 7-17-85
AD 3-1984, f. & ef. 1-20-84
AD 1047(37-74), f. 9-20-74, ef. 10-11-74
AD 1007(21-73), f. 12-5-73, ef. 12-25-73
AD 890(20-68), f. 10-28-68, ef. 11-1-68

Or. Admin. R. 603-011-1230 Import Requirements – Salmonella Pullorum

In addition to the requirements of OAR 603-011-1100 and all other import requirements, the following shall apply to the importation of poultry:

(1) Poultry that have originated from flocks under the supervision of the National Poultry Improvement Plan may substitute the form of the U.S. Department of Agriculture for the Certificate of Veterinary Inspection and Import Permit required under OAR 603-011-1100, provided that:

(a) The form must include the name, phone number, and physical address of the destination in Oregon; and

(b) The form must be received by the Department within 14 days after entry into Oregon.

(2) Poultry shall not be shipped, transported, or imported into Oregon, unless they:

(a) Have originated from pullorum-typhoid clean flocks under the supervision of the National Poultry Improvement Plan;

(b) Have originated from flocks that are in compliance with an equivalent program to subsection (2)(a) of this rule under the supervision of the Livestock Health Official of the state of origin; or

(c) Have a negative blood test for pullorum disease under the supervision of the proper State Livestock Health Official within 30 days prior to such importation into Oregon.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.341
DOA 1-2024, renumbered from 603-011-0375, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
AD 3-1984, f. & ef. 1-20-84
AD 1047(37-74), f. 9-20-74, ef. 10-11-74
AD 890(20-68), f. 10-28-68, ef. 11-1-68

Or. Admin. R. 603-011-1235 Import Requirements - Scrapie

In addition to the requirements of OAR 603-011-1100 and all other import requirements, the following shall apply to the importation of all sheep and goats:

(1) All sheep and goats being imported into Oregon shall be individually identified as specified by OAR 603-011-1450.

(2) Genetically susceptible animals from scrapie infected, source, trace, or exposed flocks shall not be imported into Oregon.

History

Statutory/Other Authority: ORS 561.190, 596.020, 596.412 & 596.392
Statutes/Other Implemented: ORS 596.341
DOA 1-2024, renumbered from 603-011-0340, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 2-2011, f. & cert. ef. 1-6-11
AD 13-1993, f. & cert. ef. 10-6-93
AD 5-1993(Temp), f. & cert. ef. 5-26-93
AD 3-1984, f. & ef. 1-20-84
AD 1047(37-74), f. 9-20-74, ef. 10-11-74
AD 890(20-68), f. 10-28-68, ef. 11-1-68

Or. Admin. R. 603-011-1240 Import Requirements – Tuberculosis

In addition to the requirements of OAR 603-011-1100 and all other import requirements, the following shall apply to the importation of all cattle, bison, and cervidae:

(1) For cattle or bison entering Oregon and originating from elsewhere within the United States, the following requirements apply:

(a) Cattle or bison imported from a state that is not classified USDA accredited-free of bovine tuberculosis must have had one negative tuberculosis test within 60 days before entry.

(b) Cattle or bison imported as transient rodeo stock must have had one negative tuberculosis test within 12 months before entry.

(2) For cattle or bison entering Oregon and originating in Canada, the following requirements shall apply:

(a) Cattle or bison imported from a providence or area that is not classified by the Canadian Food Inspection Agency as free of bovine tuberculosis must have had one negative tuberculosis test within 60 days before entry.

(b) Cattle or bison imported as transient rodeo stock must have had one negative tuberculosis test within 12 months before entry.

(3) For cattle or bison entering Oregon and originating in Mexico, and cattle or bison that have had physical contact within the past 12 months with cattle or bison originating in Mexico, the following requirements apply:

(a) Sexually neutered cattle or bison must:

(A) Bear official Mexican government identification; and

(B) Be negative to a tuberculosis test upon crossing the border into the United States; and

(C)(i) If imported for feeding purposes, be imported under prior written agreement with the Oregon State Veterinarian directly to a Tuberculosis Qualified Location (TQL) after proof is provided of a negative tuberculosis test administered no less than 60 days after the initial test and after importation into the U.S.. Movement out of the TQL may be to another TQL, direct to slaughter, or to an out of state destination. The TQL must have fencing adequate to prohibit commingling with breeding animals; or

(ii) If imported for rodeo and recreational purposes:

(I) Cattle or bison that have not been held in another state for more than 60 days following entry into the United States shall be imported under prior written agreement with the Oregon State Veterinarian directly to a TQL and retested negative 60 to 120 days following the first test upon crossing the border into the United States. Until released from the TQL by the State Veterinarian, movement out of the TQL may be to another TQL, direct to slaughter, or to an out of state destination. The TQL must have fencing adequate to prohibit commingling with breeding animals; or

(II) Cattle or bison that have been resident in another state for more than 60 days following entry into the United States shall require evidence of a second negative retest for tuberculosis, 60-120 days following the first test upon crossing the border into the United States, before entry into Oregon.

(III) Cattle or bison that have been resident in another state for more than 365 days following entry into the United States must have had one negative tuberculosis test within 12 months of entry.

(b) Sexually intact cattle of beef breeds or bison must:

(A) Be negative to the tuberculosis test upon crossing the border into the United States; and

(B) Be retested negative within 60 to 120 days following the first test; and

(D) be imported under prior written agreement with the Oregon State Veterinarian directly to a TQL until all testing is complete. Until released from the TQL by the State Veterinarian, movement out of the TQL may only be to another TQL, direct to slaughter, or to an out of state destination. The TQL must have fencing adequate to prohibit commingling with breeding animals.

(4) For captive cervids entering Oregon, the following requirements apply:

(a) Wild-captured cervids over six months of age shall test negative for tuberculosis no more than 30 days prior to entry into Oregon.

(b) Privately owned cervids originating in a USDA Accredited cervid herd do not require a tuberculosis test.

(c) Privately owned cervids originating in a USDA Qualified cervid herd or a USDA Monitored cervid herd shall test negative for tuberculosis no more than 60 days prior to entry into Oregon.

(d) Privately owned cervids originating in any other herd shall test negative for tuberculosis twice, no less than 90 days apart. The second test must be conducted no more than 60 days prior to entry into Oregon. The animals must be isolated from all other members of the herd during the testing period.

(e) When tuberculosis is confirmed in any individual animal in a herd, the entire herd shall be denied entry into Oregon.

History

Statutory/Other Authority: ORS 596.341
Statutes/Other Implemented: ORS 596.341
DOA 1-2024, renumbered from 603-011-0265, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 15-2010, f. & cert. ef. 8-31-10
Reverted to DOA 14-2005, f. & cert. ef. 5-31-05
DOA 20-2008(Temp), f. 9-10-08 cert. ef. 9-15-08 thru 3-10-09
DOA 14-2005, f. & cert. ef. 5-31-05
DOA 33-2003, f. & cert. ef. 9-18-03
Reverted to AD 7-1994, f. & cert. ef. 7-12-94
DOA 12-2003(Temp), f. & cert. ef. 3-17-03 thru 9-1-03
AD 7-1994, f. & cert. ef. 7-12-94
Reverted to AD 3-1984, f. & ef. 1-20-84
AD 9-1993(Temp), f. & cert. ef. 7-23-93
AD 3-1984, f. & ef. 1-20-84
AD 1108(29-76), f. & ef. 9-21-76
AD 1047(37-74), f. 9-20-74, ef. 10-11-74
AD 890(20-68), f. 10-28-68, ef. 11-1-68

Or. Admin. R. 603-011-1245 Import Requirements – Vesicular Stomatitis

(1) In addition to the requirements of OAR 603-011-1100 and all other import requirements, animals listed in section (2) of this rule that are shipped from any state or area with confirmed cases of vesicular stomatitis shall not be imported into Oregon unless:

(a) An import permit is obtained from the Department before movement, including animals moving to an approved livestock market in Oregon; and

(b) The animals show no clinical signs of vesicular stomatitis on the day of shipment; and

(d) A Certificate of Veterinary Inspection issued within 72 hours of movement shall accompany the animals, which states: The animals represented on this Certificate of Veterinary Inspection have not originated from a premises or area under quarantine for vesicular stomatitis.

(2) The following animals are subject to the requirements of section (1) of this rule:

(a) Horses;

(b) Cattle;

(d) Sheep;

(e) Goats;

(f) Swine; and

(g) Other susceptible animals that have been in contact with the animals listed above.

(3) The Department may require serological testing for vesicular stomatitis of any animal imported into the state. If an animal shows a positive response, the Department may deny entry into Oregon.

(4) The Department may require that any animals originating in or traveling through states where vesicular stomatitis has been confirmed be quarantined on the premises of destination for a minimum of 21 days. The Department may also require that a representative of the Department inspect quarantined animals before release of quarantine.

(5) The Department may deny entry into the state of any animal that has been vaccinated with vesicular stomatitis vaccine.

(6) The Department may require the inspection of individual animals at any gathering, including fairs, shows, rodeos, sales, auctions, and similar events, if the Department has reason to believe the animals have been exposed to vesicular stomatitis.

(7) If the Department has reason to believe that animals have been exposed to vesicular stomatitis, the Department may require inspection of the animals, the documents associated with the animals and the vehicles used to haul the animals. However, the Department may only inspect that portion of the vehicle associated with the animals.

(8) The Department may remove these requirements from any state after the last confirmed case of vesicular stomatitis in that state is released from quarantine and when the decision is supported by consultation with the Oregon United States Department of Agriculture Area Veterinarian in Charge and epidemiological investigation.

History

Statutory/Other Authority: ORS 183.335(5), 561.190, 561.192, 561.605, 596.020(1)(a)(b), 596.341, 596.392, 604.046(4) & 596.351
Statutes/Other Implemented: 604.046(4), ORS 596.020, 596.341, 596.351 & 596.392
DOA 1-2024, renumbered from 603-011-0256, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 5-2011, f. & cert. ef. 1-7-11
AD 17-1995, f. & cert. ef. 12-14-95
AD 14-1995(Temp), f. & cert. ef. 7-27-95

Or. Admin. R. 603-011-1310 Import Requirements – Captive Wildlife and Cervids

In addition to the requirements of OAR 603-011-1100 and all other import requirements, species of captive wildlife and cervids prohibited by the Oregon Department of Fish and Wildlife (ODF&W) may not be imported. If a special exemption is granted and signed by the Director of ODF&W, Oregon Department of Agriculture may issue an import permit, if the animal(s) meet health requirements.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: 596.020 & ORS 596.341
DOA 1-2024, renumbered from 603-011-0382, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 2-2001, f. & cert. ef. 1-5-01
Reverted to AD 6-1985, f. & ef. 7-17-85
DOA 10-2000(Temp), f. 4-13-00, cert.ef. 4-14-00 thru 10-11-00
AD 6-1985, f. & ef. 7-17-85
AD 3-1984, f. & ef. 1-20-84
AD 9-1977, f. & ef. 4-6-77

Or. Admin. R. 603-011-1315 Import Requirements – Nonhuman Primates

(1) In addition to the requirements of OAR 603-011-1100 and all other import requirements, all nonhuman primates shipped, moved, or imported into this state shall be accompanied by a Certificate of Veterinary Inspection certifying that said animals are free from the following human pathogenic agents:

(a) Tuberculosis, as indicated by skin tests for tuberculosis; and

(b) Salmonella, Arizona, Shigella, and internal and external parasites, as indicated by actual examination and laboratory tests for such pathogenic agents.

(2) All nonhuman primates shall be shipped, moved, or otherwise transported into this state only upon having been handled in accordance with the standards and guidelines for procuring, compounding, holding, and transporting such primates as published in 9 CFR §§ 1.1–3.142.

(3) Permits for importation of nonhuman primates may be issued only to facilities authorized to hold such animals under ORS 609.305 through 609.355.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.341
DOA 1-2024, renumbered from 603-011-0381, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
AD 3-1984, f. & ef. 1-20-84
AD 1047(37-74), f. 9-20-74, ef. 10-11-74
AD 979(12-72), f. 8-31-72, ef. 9-15-72

Or. Admin. R. 603-011-1320 Import Requirements – Swine

In addition to the requirements of OAR 603-011-1100 and all other import requirements, the following shall apply to the importation of swine:

(1) A Certificate of Veterinary Inspection must accompany all swine and must verify that such swine have not been fed raw or cooked garbage.

(2) Feral swine may not be imported into Oregon for any purpose.

History

Statutory/Other Authority: ORS 561.190, 596.341 & 596.321
Statutes/Other Implemented: ORS 596.341
DOA 1-2024, renumbered from 603-011-0310, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 16-2010, f. & cert. ef. 8-31-10
AD 1-1995, f. & cert. ef. 2-3-95
AD 1-1993, f. & cert. ef. 1-7-93, Renumbered from 603-011-0321, 603-011-0326, 603-011-0328 & 603-011-0329
AD 6-1985, f. & cert. ef. 7-17-85
AD 3-1984, f. & cert. ef. 1-20-84
AD 1-1981, f. & cert. ef. 1-9-81
AD 9-1977, f. & cert. ef. 4-6-77
AD 1047(37-74), f. 9-20-74, cert. ef. 10-11-74
AD 932(2-71), f. 3-18-71, cert. ef. 4-15-71
AD 890(20-68), f. 10-28-68, cert. ef. 11-1-68

Or. Admin. R. 603-011-1325 Import Requirements - Turtles

(1) In addition to the requirements of OAR 603-011-1100 and all other import requirements, no turtles shall be imported into the State of Oregon with carapace lengths of less than four inches, except by:

(a) A governmental agency;

(b) A privately financed research group; or

(2) The Department may take samples of turtles, tankwater or other appropriate samples from turtles sold, distributed or given away and cause laboratory examinations to be made. In the event turtles, so sampled, are found contaminated with Salmonella, the Department may order the immediate humane destruction of any or all of the lot of turtles from which the samples were obtained.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.341
DOA 1-2024, renumbered from 603-011-0420, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
AD 6-1985, f. & ef. 7-17-85
AD 3-1984, f. & ef. 1-20-84

Or. Admin. R. 603-011-1450 Identification of Sheep and Goats

The following classes of sheep and goats must have Official Individual Identification prior to leaving the farm of origin for intrastate or interstate movement for any purpose:

(1) All sexually intact sheep and goats of any age that are not confined to slaughter channels;

(2) All sheep and goats over 18 months of age in slaughter channels; and

(3) All sheep and goats for intended for exhibition.

History

Statutory/Other Authority: ORS 561.190, 596.020, ORS 596.392 & 596.412
Statutes/Other Implemented: ORS 596.392
DOA 102-2026, amend filed 06/12/2026, effective 06/12/2026
DOA 1-2024, renumbered from 603-011-0388, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 12-2017, f. & cert. ef. 8-8-17
Renumbered from 603-011-0371 by DOA 17-2010, f. & cert. ef. 8-31-10
DOA 21-2006, f. & cert. ef. 12-4-06
DOA 25-2004, f. & cert. ef. 11-8-04

Or. Admin. R. 603-011-1500 Disease Control - General

(1) A person owning or having custody of an animal required to be tested, vaccinated, branded, marked, or appraised by the Department shall confine and restrain such animal for such testing, vaccinating, branding, marking, or appraising upon reasonable notice from the Department. It is the owner’s responsibility to restrain each such animal by placing it in a stanchion, holding chute, or by otherwise immobilizing it to permit safe access to the animal by the veterinarian or authorized representatives of the Department for performance of such duties as may be required by the Department or its representative.

(2) The Department may utilize any blood samples sent to the state animal health laboratory by an official veterinarian, or other authorized personnel in slaughterhouses, for survey purposes, and/or diagnosis of and eradication of any livestock diseases.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: 596.392 & ORS 596.040
DOA 1-2024, renumbered from 603-011-0570, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
AD 16-1982, f. & ef. 11-1-82
AD 1000(14-73), f. 11-20-73, ef. 12-11-73
AD 858(30-67), f. 12-8-67, ef. 12-15-67

Or. Admin. R. 603-011-1505 Cleaning and Disinfection

The Department may require any premises, facility or equipment used in housing, handling, feeding, or transporting any animals infected with or exposed to a disease reportable under OAR 603-011-0212 to be cleaned and disinfected under supervision of Department-appointed personnel. The owner of the premises, facilities or equipment shall be responsible for the costs of cleaning and disinfection.

History

Statutory/Other Authority: ORS 561.190, 596.020, 596.412 & 596.392
Statutes/Other Implemented: ORS 596.392
DOA 1-2024, renumbered from 603-011-0402, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
Renumbered from 603-011-0379 by DOA 17-2010, f. & cert. ef. 8-31-10
DOA 25-2004, f. & cert. ef. 11-8-04

Or. Admin. R. 603-011-1510 Procedure for Handling and Processing Claims for Indemnity

Claims for indemnity for brucellosis or tuberculosis reactor animals must be completed by the official veterinarian or the person designated by the Department to perform the appraisal. The claim must be signed by the claimant or the claimaint’s authorized representative and must be forwarded to the Department at the earliest possible date.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.625
DOA 1-2024, renumbered from 603-011-0565, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
AD 3-1984, f. & ef. 1-20-84
AD 1000(14-73), f. 11-20-73, ef. 12-11-73
AD 858(30-67), f. 12-8-67, ef. 12-15-67

Or. Admin. R. 603-011-1610 Procedure for Official Vaccination – Brucellosis

(1) As used in this rule "UM&Rs" means the most current version of Brucellosis Eradication: Uniform Methods and Rules produced by the United States Department of Agriculture. Brucellosis vaccination procedures, identification of vaccinated animals, and dosage for official calfhood vaccination and adult vaccination shall be those set forth in the UM&Rs.

(2) Brucellosis vaccination shall be performed by an official veterinarian.

(3) Veterinarians performing brucellosis vaccination must complete a Brucellosis Vaccination Record furnished by the Department, the original of which shall be mailed to the Department within 15 days of the date of vaccination, the second copy of which shall be given to the owner, and the third copy of which shall be retained by the veterinarian.

(4) Official Calfhood Vaccinates are female cattle and bison vaccinated against brucellosis when more than four months of age and less than 12 months of age (120 days to 365 days) with an official dose of approved brucellosis vaccine as set forth in the UM&Rs.

(5) "Official Oregon Mature Vaccinates" shall be vaccinated for brucellosis when aged more than 12 months.

(6) Mature Vaccination Protocol

(a) A blood sample shall be drawn at time of vaccination and sent for brucellosis testing at an official laboratory.

(b) Mature vaccination dosage shall be 1cc (one cubic centimeter) of normally reconstituted RB51 brucellosis vaccine.

(c) An official brucellosis vaccination steel identification tag shall be applied to the right ear of the vaccinated animal.

(d) An official brucellosis tattoo shall be applied to the right ear of the vaccinated animal. The tattoo shall be the letter "M" followed by the official USDA vaccination shield followed by the last digit of the year of vaccination.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: 596.460 & ORS 596.040
DOA 1-2024, renumbered from 603-011-0525, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 18-2010, f. & cert. ef. 8-31-10
DOA 14-2001, f. & cert. ef. 7-9-01
DOA 7-2000, f. & cert. ef. 3-17-00
AD 12-1987, f. & ef. 11-19-87
AD 11-1984, f. & ef. 8-28-84
AD 3-1984, f. & ef. 1-20-84
AD 3-1981, f. & ef. 3-26-81
AD 1-1981, f. & ef. 1-9-81
AD 1000(14-73), f. 11-20-73, ef. 12-11-73
AD 879(9-68), f. & ef. 5-24-68
AD 866(2-68), f. & ef. 1-22-68
AD 858(30-67), f. 12-8-67, ef. 12-15-67

Or. Admin. R. 603-011-1715 Procedure for Official Test and Quarantine – Bovine Trichomoniasis

(1) As used in this rule:

(a) "Exposed herd" is a cattle herd that has had, within the previous twelve months, direct commingling or cross-fence contact with a test-positive herd during a time of potential breeding activity.

(b) "Test-positive herd" is a herd of cattle in which a diagnosis of trichomoniasis has been made by a certified, licensed veterinarian using an Official Test for bovine trichomoniasis. A herd will be considered to be a Test-positive herd until the requirements in section (10) of this rule have been met.

(c) “Trich-year” is a period from September 1st of one calendar year to August 31st of the following calendar year. A trich-year shall be known by the year in which it ends.

(d) “Official Test” means a test for bovine trichomoniasis that uses quantitative polymerase chain reaction (qPCR).

(2) All veterinarians engaged in testing and diagnosis for bovine trichomoniasis in Oregon shall:

(a) Hold a valid license to practice veterinary medicine in Oregon;

(b) Be certified by the Department after having completed an appropriate training program; and

(3) All bulls tested for bovine trichomoniasis must be withdrawn from breeding contact and tested between 14 and 90 days after withdrawal, and shall be identified by the certified veterinarian at the time of sample collection as follows:

(a) By permanent official identification at the time of testing except that a previously placed permanent official identification may be used in lieu of placing a new tag in the ear.

(b) By an ear tag displaying the state, four-digit year of the trich-year in which the testing is performed. The color of the tag shall be:

(A) Yellow for trich-years ending in “0” or “5”;

(B) Green for trich-years ending in “1” or “6”;

(D) Orange for trich-years ending in “3” or “8”; and

(E) Blue for trich-years ending in “4” or “9”.

(4) Any sexually intact male bovine less than 18 months of age that is certified by the owner or manager as having had no potential breeding contact with females may be identified as described in section (3) of this rule when required by a grazing association or other entity.

(5) All bulls identified as described in section (3) or (4) of this rule must be reported by the veterinarian to the Department within 7 days on a form provided by the Department.

(6) Bulls that test positive on an Official Test for bovine trichomoniasis shall be held under quarantine separate and apart from other cattle and shall comply with one of the following:

(a) Test-positive bulls moving out of the infected herd into commercial slaughter marketing channels, including collection points, shall:

(A) Be identified before moving with an "S" brand applied to both sides of the tailhead; and

(B) Shall move to slaughter only under the authority of a VS Form 1-27 Permit for Movement of Restricted Animals; or

(b) Test-positive bulls moving out of the infected herd directly to slaughter shall do so with:

(A) A VS Form 1-27 Permit for Movement of Restricted Animals; and

(B) Prior notification of the State Veterinarian; and

(7) In response to a positive Official Test for bovine trichomoniasis, the Department shall:

(a) Conduct an investigation to identify herds that were potentially exposed to the infected herd;

(b) Require that any further bovine trichomoniasis testing be performed by a certified veterinarian, if the original test was performed by a non-certified veterinarian;

(i) All bulls of any age with known breeding contact with female cattle; and

(ii) Each bull 18 months of age and over; and

(d) Require all bulls in test-positive herds to each have one (1) negative Official Test for bovine trichomoniasis completed at least seven (7) days after the initial diagnosis is made. Bulls that have a positive test result shall be considered infected and be handled as described in section (6) of this rule.

(8) In a test-positive herd with a valid Out-of–State Grazing Permit issued in accordance with OAR 603-011-1111:

(a) All bulls must be restricted in place until Official Test results are complete as described in subsections (7)(c)-(d) of this rule. Bulls that have a positive test result shall be considered infected and be handled as described in section (6) of this rule; or

(b) All herdmate bulls from Out-of-State Permit affected herds shall be returned to their state of origin to complete official trichomoniasis testing as described in subsections (7)(c)-(d) of this rule. Test-positive bulls shall not be returned to their state of origin.

(9) In an exposed herd with a valid Out-of–State Grazing Permit issued in accordance with OAR 603-011-1111:

(a) All bulls must be quarantined in place until one Official Test is completed for each bull. Any cattle determined to be infected will be quarantined and the herd status will be changed to a test-positive herd and subject to the requirements of section (8) of this rule; or

(b) All herdmate bulls must be returned to their state of origin to complete official trichomoniasis testing. Any bull that has a positive test result shall cause the herd to be classified as test-positive and treated as in section (8) of this rule.

(10) All bulls from a test-positive herd must be re-tested every trich-year until every remaining bull tests negative during the same test period.

(a) All bulls from a test-positive herd must be re-tested before February 1 of the following calendar year.

(b) All bulls removed or culled from a test-positive herd must be tested before removal or culling.

(11) Failure to comply with the above provisions for response to a positive bovine trichomoniasis test shall result in quarantine of all cattle in the non-compliant herd under ORS 596.392(4).

History

Statutory/Other Authority: ORS 591 & 596
Statutes/Other Implemented: ORS 596.392
DOA 1-2024, renumbered from 603-011-0620, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
DOA 5-2015, f. & cert. ef. 2-23-15
DOA 9-2010, f. & cert. ef. 2-26-10
DOA 13-2009(Temp), f. 8-28-09 cert. ef. 9-1-09 thru 2-28-10
DOA 15-2008, f. 6-12-08, cert. ef. 9-1-08
DOA 19-2007, f. & cert. ef. 11-28-07
DOA 11-2005, f. & cert. ef. 2-17-05
DOA 9-2000, f. & cert. ef. 4-4-00

Or. Admin. R. 603-011-1720 Procedure for Official Test and Quarantine – Brucellosis

(1) Brucellosis testing shall be performed by a veterinarian accredited by the USDA.

(2) Animals tested for brucellosis shall be identified by placing in the right ear an identification device approved for use in cattle under 9 CFR Part 86 except that a previously placed identification tag may be used in lieu of placing a new tag in the ear. The number on each identification tag must be entered on the test chart together with the number placed on the tube holding the blood sample from each animal in such a manner that positive identification is assured. Within 7 days after testing any cattle for brucellosis, the veterinarian conducting or supervising the test, or the Department, shall deliver to the herd owner a copy of the test chart showing the test results.

(3) If a reactor animal is confirmed by any Official Test for brucellosis, the reactor animal must be identified, branded, tagged, and slaughtered as follows.

(a) Reactors to an Official Test for brucellosis shall not be retested without specific approval of the Department.

(b) All reactors to an Official Test for brucellosis shall be branded with a “B” on the left jaw. The brand must be at least two inches in height, and shall be a hot iron brand. In addition to the brand, the reactor shall be tagged in the left ear with a reactor tag.

(c) If the owner of a reactor animal to an Official Test for brucellosis claims indemnity for the slaughter of such animals, as provided by law, the reactor shall be slaughtered at a federally inspected slaughter establishment within 15 days of the date of appraisal.

(d) No owner of a reactor animal, who is eligible for and who desires to receive indemnity, shall receive such indemnity unless the reactor is identified, branded, tagged, appraised, and slaughtered in accordance with this rule and ORS 596.615 to 596.681.

(e) A reactor animal to an Official Test for brucellosis test must be:

(A) Sold by the owner for immediate slaughter directly to a federally inspected slaughter establishment, for slaughter within 15 days from the date of the written notice of such infection to the herd owner;

(B) Sold by the owner through a state-federal approved licensed auction market, to a federally inspected slaughter establishment, for slaughter within 15 days from the date of the written notice of such infection to the herd owner; or

(4) Suspects to any Official Test for brucellosis shall be quarantined and shall be retested between 30 to 60 days after the last test. If the retest is negative, the quarantine on such suspect shall be released. If after at least two retests, the suspect reaction to the brucellosis test continues, the Department may determine the disposition of this animal.

(5) Any herd in which reactors to an Official Test for brucellosis are discovered shall be quarantined at the time the results of the test are known. Unless otherwise specified, a dairy herd shall be quarantined to the premises on which the herd was located at the time of the test, and a beef herd shall be quarantined to the area in which the herd was located at the time of the test.

History

Statutory/Other Authority: ORS 596.040
Statutes/Other Implemented: 596.394 & ORS 596.040
DOA 1-2024, renumbered from 603-011-0515, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
AD 2-1981, f. & ef. 1-12-81
AD 1-1981, f. & ef. 1-9-81
AD 1000(14-73), f. 11-20-73, ef. 12-11-73
AD 932(2-71), f. 3-19-71, ef. 4-15-71
AD 858(30-67), f. 12-8-67, ef. 12-15-67

Or. Admin. R. 603-011-1725 Procedure for Official Test and Quarantine – Equine Infectious Anemia

When, as a result of an Official Test for Equine Infectious Anemia virus (EIA), it is determined that any equidae is infected with equine infectious anemia, or that any equidae is a carrier of such disease, the following procedures shall immediately be carried out:

(1) The equidae determined to be infected, or suspected to be infected, shall be:

(a) Completely segregated from all other equidae in a secure stall or enclosure at a sufficient distance so as to prevent infection of other equidae by biting insects and shall be deemed to be quarantined and subject to the provisions of ORS 596.331; or

(b) Put to death by humane methods and the carcass disposed of as the Department directs.

(2) All equidae exposed to any equidae that has been determined to be infected or suspected to be infected, shall be immediately quarantined until they can be subjected to Official Tests for EIA as follows:

(a) Immediately following determination that the equidae has been exposed to an equidae positive for EIA; and

(b) After a minimum of 60 days following the last possible exposure to the infected animal.

(3) Any offspring produced by a mare after determination that she is positive to an Official Test for EIA will be considered as exposed and subject to the provisions of section (2) of this rule.

(4) No genetic material originating from an equidae of either sex determined by an Official Test for EIA to be positive may be used for reproductive purposes.

History

Statutory/Other Authority: ORS 561.190 & 596.341
Statutes/Other Implemented: 596.392 & ORS 596.020
DOA 1-2024, renumbered from 603-011-0606, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
AD 10-1994, f. & cert. ef. 8-12-94
AD 6-1985, f. & ef. 7-17-85

Or. Admin. R. 603-011-1730 Procedure for Official Test and Quarantine – Scrapie

(1) As used in this rule:

(a) “Animal(s)” means domestic or captive sheep and/or goat(s).

(b) “Exposed Flock” means a flock that has received female animals from an infected or source flock or that contains or contained a suspect female animal.

(c) “Flock” means a group of two or more sheep or goats that are kept, fed, and herded together as a management unit. The term “flock” is interchangeable with the term “herd” and applies to all categories and breeds of sheep and goats.

(d) “Flock Management Plan” means a written scrapie flock management agreement that is signed by the flock owner and a Department or APHIS representative

(e) “Infected Flock” means a flock in which there has been at least one animal with a laboratory-confirmed diagnosis of scrapie. “Infected Flock” includes a “Source Flock.”

(f) “Source Flock” means a flock in which a State or APHIS representative has determined that at least one animal was born that was diagnosed as scrapie positive at the age of 72 months or less or in which a scrapie-positive animal has resided throughout its life. The determination that an animal was born in a flock must be based either on the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evidence, such as registry records, to show that a scrapie-positive animal originated from the flock combined with the absence of records indicating that the animal was purchased and added to the flock. If DNA from the animal was collected when the animal resided in the flock of birth by an accredited veterinarian and stored at an approved genotyping laboratory, or if DNA collection and storage is required for breed registration and the breed registration has appropriate safeguards in place to ensure the integrity of the banking process, the owner may request verification of the animal’s identity based on DNA comparison if adequate records and identification have been maintained by the owner and the repository to show that the archived DNA is that of the animal that has been traced to the flock. A flock will no longer be a Source Flock after it has completed the requirements of a Flock Management Plan.

(2) The USDA Scrapie Control and Flock Certification Program Standards found at 9 CFR Parts 54 (Control of Scrapie) and 79 (Scrapie in Sheep and Goats) are adopted by reference as the basic standards for the scrapie control and eradication program in Oregon.

(3) It is unlawful for any owner or manager of sheep or goats to attempt to conceal the existence of suspected or confirmed scrapie in such animals under the control of that person.

(4) The following procedures shall be followed for managing flocks determined to be infected with scrapie or that have received animals from a flock determined to be infected:

(a) All animals in the flock shall be quarantined by the Department under ORS chapter 561 or 596 and shall be subject to disease status evaluation to determine the risk status of the animals involved.

(b) After a disease status evaluation determines risk levels of specific animals in an infected flock or animals received from a flock determined to be infected, a Flock Management Plan shall be written in accordance with 9 CFR Part 54 and signed by the flock owner and the Director or representative. The Department may require destruction of high risk, exposed, and infected animals under ORS chapter 596.

(c) The quarantine shall be removed after the Department-approved Flock Management Plan has been implemented and completed.

(d) Animals from an exposed or infected flock may not be exhibited at public gatherings in Oregon until completion of the Flock Management Plan.

(e) Animals from an exposed or infected flock may not be sold for breeding purposes in Oregon until the flock owner has completed a Flock Management Plan.

(f) Individual animals or flocks of animals determined by the Department or representatives of USDA/APHIS to be infected with or exposed to scrapie may be condemned and destroyed by order of the Director under ORS chapter 596. Disposal of such condemned and destroyed animals shall be under direction of the Department.

(g) Owners of animals destroyed by order of the Department may be eligible for indemnification as provided by ORS chapter 596.

History

Statutory/Other Authority: ORS 561.190, 596.020, 596.412 & 596.392
Statutes/Other Implemented: ORS 596.392
DOA 1-2024, renumbered from 603-011-0398, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
Renumbered from 603-011-0378 by DOA 17-2010, f. & cert. ef. 8-31-10
DOA 25-2004, f. & cert. ef. 11-8-04

Or. Admin. R. 603-011-1735 Procedure for Official Test and Quarantine – Tuberculosis

(1) Tuberculosis testing shall be performed by a veterinarian accredited by the USDA.

(2)(a)c Animals tested for tuberculosis shall be identified by placing in the right ear an identification device approved for use in cattle under 9 CFR Part 86 at the time of testing except that a previously placed identification tag may be used in lieu of placing a new tag in the ear.

(b) Within 7 days after testing any cattle for tuberculosis, the veterinarian conducting or supervising the test shall deliver to the herd owner, and the Department, a copy of the test chart showing the test results.

(3) If a reactor animal is confirmed by any Official Test for tuberculosis, the reactor animal must be identified, branded, tagged, and slaughtered as follows:

(a) Reactors to an Official Test for tuberculosis shall not be retested without specific approval of the Department.

(b) All reactors to an Official Test for tuberculosis shall be branded with a “T” on the left jaw. The brand must be at least two inches in height, and shall be a hot iron brand. In addition to the brand, the reactor shall be tagged in the left ear with a reactor tag.

(c) If the owner of a reactor animal to an Official Test for tuberculosis claims indemnity for the slaughter of such animal, as provided by law, the reactor shall be slaughtered at a federally inspected slaughter establishment within 15 days of the date of appraisal.

(d) No owner of such reactor animal who is eligible for and who desires to receive indemnity shall receive such indemnity unless the reactor is identified, branded, tagged, appraised, and slaughtered in accordance with this rule and ORS 596.615 to 596.681.

(e) A reactor animal to an Official Test for tuberculosis test must be:

(4) Suspects to any Official Test for tuberculosis shall be quarantined and shall be retested between 60 to 90 days after the last test. If the retest is negative, the quarantine on such suspect shall be released. If after at least two retests, the suspect reaction to the brucellosis test continues, the Department may determine the disposition of this animal.

(5) Any herd in which reactors to an Official Test for tuberculosis are discovered shall be quarantined at the time the results of the test are known. Unless otherwise specified, a dairy herd shall be quarantined to the premises on which the herd was located at the time of the test, and a beef herd shall be quarantined to the area in which the herd was located at the time of the test.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: 596.392 & ORS 596.040
DOA 1-2024, renumbered from 603-011-0535, filed 01/03/2024, effective 01/03/2024
DOA 55-2023, amend filed 12/29/2023, effective 01/01/2024
AD 3-1984, f. & ef. 1-20-84
AD 1000(14-73), f. 11-20-73, ef. 12-11-73
AD 858(30-67), f. 12-8-67, ef. 12-15-67

Or. Admin. R. 603-011-1900 Enforcement Guidelines

(2) In addition to any other penalty provided by law, the Director may assess civil penalties for commission of acts prohibited by ORS 596.075, 596.331(1), 596.351, 596.388, 596.392(1) to (3) or (6), 596.404 to 596.416, or 596.460, or a rule adopted pursuant thereto. Civil penalties will be assessed in accordance with the magnitude of the violation determined as follows:

(a) Category 1: In addition to taking any alternative enforcement action deemed necessary to protect the public interest, the Department may issue a civil penalty for a Category 1 violation. Category 1 violations include:

(A) Submitting false or fraudulent applications, records, invoices or reports;

(B) Impeding, obstructing, hindering or otherwise preventing or attempting to prevent the Department from performing its duties under ORS 596;

(D) Selling, offering to sell, or disposing of any livestock that the person knows to be exposed to, a carrier of or infected with any disease required to be reported under ORS 596.321, unless otherwise authorized by ORS 596.331(1);

(E) Knowingly import or cause to be imported into this state any livestock exposed to, infected with or a carrier of disease;

(F) Refusing to comply with a lawful order of the State Department of Agriculture related to the control or eradication of a disease;

(G) Failing to separate and confine diseased animals; and

(H) Using, selling, offering for sale, or distributing any vaccine, bacteriological or biological product declared to be a hazard to livestock health under ORS 596.065.

(b) Category 2: Except for a repeat violation, for which the Department may immediately issue a civil penalty, prior to issuing a civil penalty for a Category 2 violation, the Department will take written alternative enforcement action and will allow a specified amount of time to take corrective action. Failure to complete the corrective action within the specified time period or repeat violations may result in the immediate issuance of a civil penalty. Category 2 violations include:

(A) Importing or causing the importation of livestock not accompanied by a Certificate of Veterinary Inspection, Grazing Permit or Import Permit;

(B) Failing to test, treat, examine or otherwise comply with import regulations or with the conditions of an import permit;

(D) Failing to comply with any other rule adopted pursuant to ORS 596.075, 596.331(1), 596.351, 596.388, 596.392(1) to (3) or (6), 596.404 to 596.416, or 596.460.

(3) Maximum civil penalties are not to exceed the following:

(a) Category 1

(A) First violation - $500

(B) Second or subsequent violations - $1,000

(b) Category 2

(A) First violation - $250

(B) Second violation - $500

History

Statutory/Other Authority: ORS 561.190 & 596.995
Statutes/Other Implemented: ORS 596.075, 596.331(1), 596.351, 596.388, 596.392(1)-(3), 596.392(6), 596.392(6), 596.404-591.416 & 596.460
DOA 102-2026, adopt filed 06/12/2026, effective 06/12/2026

Or. Admin. R. 603-011-1910 Quarantine Enforcement Guidelines

(2) In addition to any other penalty provided by law, the Director may assess civil penalties for violation of any of the quarantine provisions of ORS 596.331(2), 596.355, 596.392(4) or (5) or 596.394 to 596.402, or a rule adopted pursuant thereto. Each 24-hour period that elapses, shall constitute a separate and distinct violation under the same violation classification as set forth in subsection (3) below, except as otherwise provided under subsection (4).

(3) Maximum civil penalties are not to exceed the following:

(a) First violation - $1,000

(b) Second violation - $2,500

History

Statutory/Other Authority: ORS 561.191 & 596.995
Statutes/Other Implemented: ORS 596.075, 596.331(1), 596.388, 596.392(1)-(3), 596.392(6), 596.404-591.416 & 596.460
DOA 102-2026, adopt filed 06/12/2026, effective 06/12/2026

Division 12 LIVESTOCK AUCTION MARKETS

Or. Admin. R. 603-012-0001 Definitions

As used in OAR 603-012-0003 to 603-012-0027:

(1) “Form 1-27” is a document prescribed by the Department which includes the description and identification of livestock, the name of the buyer of the livestock, the destination of the livestock for slaughter, and an acknowledgment from the designated slaughtering establishment that the described livestock had been received.

(2) “Slaughtering establishment” means an establishment as defined in ORS 603.010(5), required to be licensed under ORS 603.025(4)(c) or (d).

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.331
AD 3-1984, f. & ef. 1-20-84
AD 1-1981, f. & ef. 1-9-81
AD 902(8-69), f. 7-15-69, ef. 8-1-69
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0003 State Bonds: When Required by Livestock Auction Markets

(1) The provisions of this section which are required by House Bill 1242 (also cited as Chapter 368, Oregon Laws 1967) apply only to those livestock auction markets that have not as yet qualified under or are subject to the provisions of laws or regulations of the federal Packers and Stockyards Act and who have not obtained and are maintaining the federal bonds required thereunder.

(2) Except as hereinafter otherwise provided, the owner or operator of a livestock auction market shall obtain and maintain a state bond with the Department, the amount or size of which shall be not less than the next multiple of $2,000 above the average amount of sales of livestock by such market during a period equivalent to two (2) business days based on the total number of business days, and the total amount of such transactions in the preceding 12 months or in such substantial part thereof in which such market did business, if any.

(3) For the purpose of such computation, 260 shall be deemed the number of business days in any year. The amount of the bond shall be determined by dividing the total value of the livestock sold by the livestock auction market, during the preceding 12 months or any substantial part thereof as the market was engaged in business, by the actual number of sales by auction or on commission at which livestock was sold, but in no instance shall the divisor be greater than 130.

(4) Bonds in an amount above $26,000 shall be not less than the next multiple of $5,000 above the average amount of sales of livestock, computed as set forth above in this section.

(5) When the amount of a bond for any livestock auction market, calculated as set forth above in this section exceeds $50,000, the amount of the bond need not exceed $50,000 plus 10 percent of the excess, unless the Department pursuant to OAR 603-012-0005, has reason to believe a bond in the computed amount is inadequate.

(6) Notwithstanding the other provisions of this rule, in no case shall a bond for a livestock auction market be less than $10,000.

(7) If an applicant for a license to operate a livestock auction market has been licensed during the past three years and has engaged in the operation of a livestock auction market in Oregon, the value of the livestock sold, at such previous other location, may be used by the Department in computing the bond (providing the previous operation or amount of business is representative of the future business or operation). If the applicant for a license and bond is a successor in business to an owner or operator of an existing livestock auction market, the bond of the applicant shall be in an amount not less than that required of the prior licensee, unless otherwise determined by the Department.

History

Statutory/Other Authority: ORS 596, 597 & 599
Statutes/Other Implemented: ORS 599.245
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0005 State Bonds: In Special Circumstances

Whenever the Department has reason to believe that any bond filed or maintained under OAR 603-012-0003 is inadequate to secure the performance of the obligations or responsibility of an owner or operator of such market under ORS 599.245, the Department shall in writing give such owner or operator at least 20 days prior notice of the need to obtain a larger bond. Failure to obtain the increased or larger bond in the amount established by the Department, may in the option of the Department be grounds for suspension of the license issued to such owner or operator, or other legal action, until such time as the required bond is obtained.

History

Statutory/Other Authority: ORS 596, 597 & 599
Statutes/Other Implemented: ORS 599.245
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0007 Furnishing of Financial Statements

(1) The provisions of this section do not apply to a livestock auction market operating under the federal Packers and Stockyards Act.

(2) A complete and accurate financial statement shall be furnished to the Department by an owner or operator of a livestock auction market:

(a) At the time an application for a license is furnished to the Department by an applicant desiring to operate a new market, or to take over or operate an existing livestock auction market;

(b) At the time an application for renewal of a license is forwarded to the Department;

(c) At such other times as the Department deems necessary to enable it to carry out its duties and responsibilities under ORS Chapter 599.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 599.406
AD 3-1984, f. & ef. 1-20-84
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0009 Chutes for Inspecting Livestock for Brands or Marks of Identification

(1) Chutes for the inspecting of livestock for brands or marks of identification, as authorized or required under ORS Chapter 604 or other laws enforced by the Department, shall be constructed so that inspection of animals can be made from either side. Solid walls on chutes shall not extend higher than 30 inches above the floor of the chute. The portion of the chute above 30 inches shall be constructed of either cable, pipe, or poles.

(2) Drop gates shall be provided in chutes for stopping animals. The first gate at the head of the chute shall be spaced to handle one animal and additional gates shall be spaced no farther than 22 feet apart. Adequate lighting shall also be provided.

(3) Where a roof is deemed necessary by the Department to protect its employees or others who are required to work around the chute, or to protect the equipment or materials used by them, the roof shall be built over the chute. Electrical outlets for the use of electric clippers shall be provided at intervals along the chute.

(4) Chutes for inspecting livestock for brands or marks of identification shall be thoroughly cleaned after each sale.

History

Statutory/Other Authority: ORS 596, 597 & 599
Statutes/Other Implemented: ORS 599.305
AD 959(25-71), f. 11-29-71, ef. 12-15-71
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0011 Catching Chutes for Livestock Disease Purposes

(1) Each livestock auction market shall maintain one or more catching chutes for testing, treating, or examining livestock for disease purposes.

(2) Chutes shall be constructed of strong materials equipped for segregation of livestock, headed by a stanchion, permitting free access to livestock and constructed to provide shelter from the elements as well as prevent danger of physical injury to employees or veterinarians.

(3) Chutes and access alleys to the chutes shall be floored with concrete or other impervious material and otherwise constructed to permit thorough cleaning, drainage, and disinfecting thereof, and shall be thoroughly cleaned and disinfected after each sale. The construction of floors of catching chutes and access alleys shall be approved by the Department.

(4) Chutes shall be lighted sufficiently to permit the proper examination and treatment of livestock.

(5) Chutes shall be of such number and so located within the market area to permit ready access by livestock at all times.

History

Statutory/Other Authority: ORS 596, 597 & 599
Statutes/Other Implemented: ORS 599.305
AD 1-1981, f. & ef. 1-9-81
AD 959(25-71), f. 11-29-71, ef. 12-15-71
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0012 Animal Health Inspection — General Rules

(1) Inspection of animals at livestock auction markets is for the purpose of assuring that such animals will not knowingly be a source of infection to other animals in Oregon or other states to which they may be exported.

(2) The inspection of animals for the purpose of section (1) of this rule will be under the supervision of the livestock auction yard management.

(3)(a) The operator of the livestock auction yard shall employ a Deputy State Veterinarian for the inspection of livestock presented for sale; except

(b) If the auction yard operator is unable to obtain the services of the Deputy State Veterinarian and the Department after thorough investigation determines that the operator has tried in good faith to obtain such services, the Department may furnish a qualified person to make an initial inspection of livestock presented for sale. When the qualified person determines there is doubt of the health status of an animal, he will at once require the operator to obtain the services of a qualified veterinarian as required by ORS 599.335. The animal or animals determined by the qualified person to need veterinarian inspection will be placed in isolation pens and will remain there until disposition is determined by the veterinarian. The auction yard operator will be responsible for all costs incurred by the Department through use of the qualified person and the veterinarian.

(4) The auction yard operator or his employees shall notify the Deputy State Veterinarian of any sick, injured or dying animals (including “cancer-eye” cattle).

(5) The auction yard operator shall consult with the Deputy State Veterinarian when the Deputy State Veterinarian exercises his authority to deny access to the auction yard of sick, injured or dying animals.

(6) The auction yard operator or his employees will assist the Deputy State Veterinarian and Department Brand Inspectors in assuring that all animals originating in other states have complied with Oregon import regulations or with regulations imposed by the Code of Federal Regulations (9 CFR).

(7) Any authorized agent or employee of the Department may at any reasonable time enter any livestock auction yard and examine it or the livestock therein to determine compliance with applicable regulations of ORS Chapters 596, 603, 604, or 619.

(8) The responsibility for compliance with the laws relating to livestock auction markets and for the regulations promulgated thereunder relating to livestock disease, sanitation, inspection, and other regulations promulgated under the provisions of ORS Chapters 596, 599, and 604 is the responsibility of, and rests with the livestock auction market licensee.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 599.335
AD 3-1984, f. & ef. 1-20-84
AD 1-1981, f. & ef. 1-9-81

Or. Admin. R. 603-012-0013 Quarantine Areas and Pens

A quarantine area shall be constructed and maintained in each livestock auction market as follows:

(1) A pen or pens shall be so located within the market area or zone and so constructed as to prevent direct physical contact between quarantine animals and healthy animals.

(2) The pens in the quarantine area shall be floored with concrete or other impervious material and have at least two degree slope to a drain. The drain shall be so constructed that all fluids collected in the quarantine pen shall flow out of the pens into a confined area that will prevent contamination of any other area.

(3) Each such pen shall be surrounded by an impervious wall at least five feet in height covered where the floor and the wall meet, to prevent pools of liquid from collecting. The door into such pens shall be solid, close fitting, and constructed at the opening to prevent liquids from flowing from the pen into access alleys or other parts of the market area or zone.

(4) No livestock excreta from quarantine areas or pens shall be disposed of in any place or in any manner which may contaminate other livestock.

History

Statutory/Other Authority: ORS 596, 597 & 599
Statutes/Other Implemented: ORS 599.295
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0015 Cleaning and Disinfecting Livestock Auction Markets

(1) Pens and alleyways in the livestock auction markets shall not contain accumulations of manure, trash, and other extraneous material and shall be kept clean. Pens and alleyways shall be kept free of accumulations of mud and standing water. No unconfined animals or poultry shall be allowed within the confines of a livestock auction market:

(a) In carrying out and enforcing the intent and purpose and provisions of this subsection, the Department will do so by inspection of each such market and the inspection reports and/or orders relating to and covering each such market on its own merits. This is necessary as it is recognized by the Department, the auction market industry, and the livestock owners that many unforeseen or unusual conditions or extenuating circumstances may exist. The owner or operator of each such market shall comply with the requests and orders of the Department;

(b) In making its inspections of market pens and alleyways, in writing its inspection reports, and/or the issuance of applicable orders, the Department will take into consideration:

(A) Existing and immediately past weather or unusual unforeseen conditions;

(B) The type of surfacing of pens and alleyways, such as hard materials (cement, asphalt, etc.) or nonhard materials (ground, gravel, sawdust, etc.);

(C) The use to which a pen or alleyway is put; to contain animals which are destined for sale, or used only for holding purposes, or any other customary use; and

(D) Other reasonable factors or conditions.

(2) All pens used in livestock auction markets for holding dairy cattle and hogs and all alleyways between such pens shall be floored with concrete or some other impervious material. All such pens and alley shall be sloped or otherwise constructed to permit adequate drainage. Such pens and alleyways and also fences, food racks, and watering troughs shall be constructed so as to allow proper cleaning and sanitation. After each use, all dairy, hog, baby calf pens, and all quarantine, testing, and treating pens shall be thoroughly cleaned, and all such places or areas shall be disinfected with a disinfection solution approved by the Department. Materials for disinfecting and the labor and other work involved in such cleaning and disinfecting, shall be furnished and paid for by the licensee owning or operating the livestock auction market.

(3) All livestock watering facilities in use at a livestock auction market in the market area or zone, shall be drained and cleaned to assure maintenance in a sanitary manner. The area immediately surrounding watering tanks shall be drained or filled to avoid accumulation of water.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 599.285
AD 3-1984, f. & ef. 1-20-84
AD 959(25-71), f. 11-29-71, ef. 12-15-71
AD 902(8-69), f. 7-15-69, ef. 8-1-69
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0017 Livestock Placed in Quarantine Pens

All livestock placed in quarantine pens shall be handled as follows:

(1) Such livestock shall be sold at the end of the sale without contamination or contact by such livestock with healthy livestock. Before and during the sale, each such animal shall be clearly and legibly marked with the letter “S” (for slaughter only) by means of crayon or other substance.

(2) The purchaser of livestock sold for immediate slaughter shall deliver them or cause them to be delivered to a slaughtering establishment where such livestock shall remain until slaughtered. This delivery shall be accompanied by Form 1-27 (or its equivalent Department al form) in the same manner as prescribed for “slaughter only” livestock in OAR 603-012-0024(1).

History

Statutory/Other Authority: ORS 596, 597 & 599
Statutes/Other Implemented: ORS 599.295
AD 1-1981, f. & ef. 1-9-81
AD 959(25-71), f. 11-29-71, ef. 12-15-71
AD 902(8-69), f. 7-15-69, ef. 8-1-69
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0019 Identification and Disposition of Brucellosis Reactors

Brucellosis reactors at a livestock auction market shall be branded and tagged and sold only for immediate slaughter to a slaughtering establishment. The Form 1-27 (or its equivalent departmental form) shall accompany such animals to slaughter as prescribed in the UM&Rs.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 599.490
AD 3-1984, f. & ef. 1-20-84
AD 1-1981, f. & ef. 9-1-81
AD 1019(9-74), f. 2-20-74, ef. 3-11-74
AD 959(25-71), f. 11-29-71, ef. 12-15-71
AD 902(8-69), f. 7-15-69, ef. 8-1-69
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0021 Backtagging

Eligible cattle destined for slaughter at all livestock auction markets must be identified by a Department approved backtag applied by auction market personnel under the supervision of a brand inspector or other authorized Department representative before such cattle leave the market zone. Backtags shall be applied in such a manner and location as specified by the Department. The backtags and glue for application may be furnished by the Department at no cost to the livestock auction market.

History

Statutory/Other Authority: ORS 596, 597 & 599
Statutes/Other Implemented: ORS 599.490
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0023 Duties of Market Veterinarians

(1) The Deputy State Veterinarian will inspect animals presented at markets for the purpose of determining the disposition of sick, injured or dying animals including those showing lesions indicative of cancer-eye (epithelioma).

(2) The Deputy State Veterinarian will consult with the livestock market operator when he/she determines that an animal should be denied access to the market. Diagnostic determinations of conditions causing denial of access or other handling of sick, injured or dying animals are not required for the exercise of authority by the Deputy State Veterinarian.

(3) The Deputy State Veterinarian will assure that all livestock consigned to slaughter (for any reason) are marked in accordance with the applicable administrative rule and that the required form/forms is/are properly completed and copies distributed. Particular attention will be paid to the execution of USDA/APHIS Form 1-27.

(4) The Deputy State Veterinarian shall be responsible for all official inoculations, tests and health inspections required of livestock entering the livestock auction market facilities.

(5) The Deputy State Veterinarian shall complete forms and reports as required by the Department including copies of all brucellosis test charts issued at each sale, showing the number of cattle tested, the number negative the number of suspects and the number of reactors, including the reactor tag numbers, and certifying that all reactors and suspects were handled in compliance with the UM&Rs. All forms and reports shall be forwarded to the State Veterinarian within 48 hours of the completion of the sale.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 599.335
AD 3-1984, f. & ef. 1-20-84
AD 1-1981, f. & ef. 1-9-81
AD 1006(20-73), f. 12-5-73, ef. 12-25-73
AD 959(25-71), f. 11-29-71, ef. 12-15-71
AD 902(8-69), f. 7-15-69, ef. 8-1-69
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0024 Miscellaneous Auction Market Requirements

(1) Livestock specifically consigned for “slaughter only” by the seller shall be so designated by the livestock auction yard operator at the time of brand inspection or time of consignment for sale in a manner approved by the Department. The Deputy State Veterinarian shall be advised of this designation by the livestock auction market employees or by the Department al brand inspector. The Deputy State Veterinarian shall be responsible for the preparation of Form 1-27 on all of such livestock. (Placards notifying patrons of the designation and meanings of “S” markings and “slaughter only” shall be posted at each livestock auction yard.)

(2) Female bison over 24 months of age shall be tested for brucellosis at the consignor’s expense unless consigned for slaughter only.

History

Statutory/Other Authority: ORS 596, 597 & 599
Statutes/Other Implemented: ORS 599.490
AD 1-1981, f. & ef. 1-9-81

Or. Admin. R. 603-012-0027 Dairy Cattle and Hogs Retained in Separate Pens

(1)(a) “Dairy cattle” for the purposes set forth in ORS 599.275 and 599.285, and for the purposes of this section means and applies only to milk cows sold and described at the livestock auction market as a milk producing animal to be moved to a farm or ranch primarily for milk production for human consumption;

(b) All other cattle of the recognized breeds used primarily for milk production and crosses of such breeds, including crosses with beef type animals, should be considered as being held for sale, sold, or purchased only for slaughter purposes.

(2) All dairy cattle entering a livestock auction market, or the market zone of such market, shall be placed and retained before and after sale in clean, disinfected, and segregated pens kept solely for that purpose. This requirement however does not apply to:

(a) Cattle defined and set forth in subsection (1)(b) of this rule;

(b) Dairy cattle under six months of age;

(d) Any other dairy animal which by reason of age, disease, or other condition is to be handled, sold, and purchased only for slaughter purposes.

(3) All hogs entering the market zone of a livestock auction market shall be placed and retained before and after sale in clean, disinfected, and segregated pens kept solely for that purpose.

History

Statutory/Other Authority: ORS 596, 597 & 599
Statutes/Other Implemented: ORS 599.275
AD 902(8-69), f. 7-15-69, ef. 8-1-69
AD 850(22-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-012-0205 Temporary or “One Day” Horse Sales

(1) As used in sections (1) to (4) of this rule:

(a) “Department” means the Oregon State department of agriculture;

(b) “Equine Animal” means any animal belonging to the genus Equinus including horses, asses, and mules;

(c) “Licensee” means any person, lessee, partnership, or corporation applying for and receiving a license to conduct a temporary horse sale;

(d) “Temporary horse sale” or “one day horse sale” means the sale of horses, mules, or asses, as authorized by ORS 599.610 to 599.640;

(e) “Livestock” means cattle, horses, mules, asses, and swine.

(2) Application to hold a temporary horse sale shall be made to Department at least 30 days prior to the date the sale is to be held.

(3) Temporary horse sales may be conducted at such times and places as the licensee desires subject to the approval of the Department. If the sale is to be held at a yard or place not specifically constructed for the sale of animals, the Department before approving a license will require at least the following minimum facilities:

(a) Enclosures must be provided of such size and construction as to adequately restrain all animals congregated for sale;

(b) A separate pen shall be provided for animals showing symptoms of infectious or contagious diseases. This pen shall be so located, and so constructed that no direct contact with other animals is possible;

(4) The licensee shall employ and pay a deputy state veterinarian on a private fee basis:

(a) The deputy state sale veterinarian shall have authority and responsibility for the direction and control of the sanitary practices and examinations of horses at the sale;

(b) All equine animals to be sold shall be examined for evidence of infectious and contagious disease;

(d) Diseased equines described in subsection (c) of this section shall be immediately isolated from other livestock in pens provided for this purpose and shall be returned to the premises of origin. The deputy state sale veterinarian shall report the disease to the Department if it is one covered by or listed in a regulation promulgated under ORS 596.321.

(5) All of the applicable provisions of ORS Chapter 604, relating to brand inspection, including, but not limited to, subsection (2) of ORS 604.360 shall apply to temporary horse sales.

(6) The provisions of sections (1) to (4) of this rule are in addition to, and not in lieu of, other applicable provisions of ORS Chapter 596 relating to diseases of livestock and 599.610 to 599.640 relating to temporary horse sales.

(7) After the Department receives an application referred to in section (2) of this rule and before it is authorized to issue a license, the Department must inspect the proposed yard, place, or premises where the temporary or one day horse sale is proposed to be held. The Department is not authorized to issue the license until or unless the licensee is in compliance with the provisions of this rule and has met all the requirements or procedures which the Department deems necessary for the applicant to hold such sale. No person shall hold, carry out, or engage in holding a temporary or one day horse sale without first having received a license therefor.

History

Statutory/Other Authority: ORS 561.190 & 599
Statutes/Other Implemented: ORS 599.610
AD 902(8-69), f. 7-15-69, ef. 8-1-69
AD 850(22-67), f. 9-5-67, ef. 9-13-67
AD 619, f. 10-12-59

Or. Admin. R. 603-012-0210 Definitions

In addition to the definitions set forth in ORS 596.095, the following shall apply:

(1) “Animal remedy” means any product used to prevent, inhibit, cure, enhance, or protect the health or well-being of animals, but does not include food, surgical instruments, or accessories. A product will be deemed to be used to prevent, inhibit, cure, enhance, or protect the health or well-being of animals if it contains labeling indicating that it is intended for such use.

(2) "Autogenous biologic" means a product that meets the requirements in 9 CFR §113.113 (January 1, 2025 edition).

(3) “Feed” has the meaning given that term in ORS 633.006.

(4) “Food” means a nutritionally adequate feed for animals other than humans; by specific formula is compounded to be fed as the sole ration and is capable of maintaining life and/or promoting production without any additional substance being consumed except water or forage.

(5) “Labeling” means all labels and other written or graphic materials in print or electronic form,

(a) upon a product or any of its containers for wrappers, or

(b) accompanying or promoting such product.

(6) “Manufacturer” means any person whose name appears on the label of a veterinary product indicating that it is the manufacturer or had the product manufactured for them.

(7) “Pharmaceutical” means drug products labeled for veterinary/animal use by the U.S. Food and Drug Administration

(8) "Product" means an item readily distinguishable from any other item by its content, brand name, trade name, manufacturer, use as specified in labeling, formulation, concentration, dosage form, or other distinction, but not including packaging size or quantity.

(9) “Repeat violation” means the same or similar violation by a person for which the Department has pursued an enforcement action, including alternative enforcement actions such as a letter of advisement, within the past five years, including a violation which is the subject of a pending appeal, but not including a violation addressed in an order that has been withdrawn or successfully appealed. Without limiting the foregoing, a person’s failure to register a veterinary product after receiving a letter of advisement regarding nonregistration of a different veterinary product shall be considered a repeat violation.

(10) “Veterinary biologic” means biological products licensed for veterinary/animal use by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service.

(11) “Veterinary client patient relationship” has the meaning given that term in OAR 875-005-0005

(12) “Veterinary product” means an animal remedy, pharmaceutical, or veterinary biologic.

History

Statutory/Other Authority: ORS 561.190
Statutes/Other Implemented: ORS 596.095
DOA 3-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 9-2016, f. & cert. ef. 4-29-16
AD 2-1992, f. & cert. ef. 2-11-92
AD 6-1991(Temp), f. & cert. ef. 7-19-91

Or. Admin. R. 603-012-0220 Exemptions

The following are exempt from the registration required by ORS 596.100:

(1) Veterinary Products compounded by or for Oregon licensed veterinarians for use in the course of their practice under a Veterinary Client Patient Relationship.

(2) Pesticide products regulated under the Federal Insecticide, Fungicide, and Rodenticide Act.

History

Statutory/Other Authority: ORS 561.190 & 596.105
Statutes/Other Implemented: ORS 561.190 & 596.105
DOA 3-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 9-2016, f. & cert. ef. 4-29-16
AD 4-1994, f. & cert. ef. 3-31-94
Reverted to AD 2-1992, f. & cert. ef. 2-11-92
AD 10-1993(Temp), f. 8-4-93, cert. ef. 8-5-93
AD 2-1992, f. & cert. ef. 2-11-92
AD 6-1991(Temp), f. & cert. ef. 7-19-91

Or. Admin. R. 603-012-0230 Registration and Fees

(1) Each veterinary product, except autogenous biologics, manufactured, compounded, delivered, distributed, or exposed for sale in this state must be registered annually using a form provided by the department, and including the following information in addition to any other information requested by the Department:

(a) The complete product name as it appears in on the product labeling including, if applicable, the unique brand, formulation, and/or concentration of the product.

(b) Each Universal Product Code (UPC) displayed on labeling. If multiple UPCs are utilized by a single product, a description of distinguishing factors (distributor, package size, etc.) between each UPC must also be included.

(2) The annual registration fee for each veterinary product except autogenous biologics is $100.

(3) Each manufacturer of autogenous biologics must register and pay a total of $100 annually for all autogenous biologic products formulated.

History

Statutory/Other Authority: ORS 561.190 & 596.100
Statutes/Other Implemented: 596.100
DOA 3-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 9-2016, f. & cert. ef. 4-29-16
DOA 31-2003, f. & cert. ef. 9-12-03
DOA 9-1999, f. 5-14-99, cert. ef. 6-1-99
AD 4-1994, f. & cert. ef. 3-31-94
Reverted to AD 2-1992, f. & cert. ef. 2-11-92
AD 10-1993(Temp), f. 8-4-93, cert. ef. 8-5-93
AD 2-1992, f. & cert. ef. 2-11-92
AD 6-1991(Temp), f. & cert. ef. 7-19-91

Or. Admin. R. 603-012-0250 Enforcement Guidelines

(1) The Department may use alternative enforcement actions in addition to, or instead of, assessing a civil penalty. Alternative enforcement actions may include but are not limited to: a letter of advisement; a notice of violation; a stop sale, use or removal; and license/registration revocation, suspension or denial.

(2) In addition to any other penalty provided by law, the Director may assess civil penalties for commission of acts prohibited by ORS 596.100. Civil penalties will be assessed in accordance with the magnitude of the violation. Prohibited acts are categorized by magnitude of violation as follows:

(a) Category 1: In addition to taking any alternative enforcement action deemed necessary to protect the public interest, the Department will issue a civil penalty for a Category 1 violation. Category 1 violations include:

(A) Registering or attempting to register any product using fraudulent or deceptive practices in an effort to evade or attempt to evade the requirement of ORS 596.100 or rules adopted there-under;

(B) Submitting false or fraudulent applications, records, invoices or reports; and

(C) Making any false or misleading representation in connection with the sale, offer for sale, or distribution of an animal remedy, veterinary biologic or pharmaceutical.

(D) Impeding, obstructing, hindering or otherwise preventing or attempting to prevent the Department from performing its duties under ORS 596.100.

(b) Category 2: Except for a repeat violation, for which the Department may immediately issue a civil penalty, prior to issuing a civil penalty for a Category 2 violation against a manufacturer, the Department will take written alternative enforcement action and will allow a specified amount of time to take corrective action. Failure to complete the corrective action within the specified time period or repeat violations may result in the immediate issuance of a civil penalty. Category 2 violations include:

(A) Selling, offering for sale, or distributing a veterinary product that is not registered with the Department under ORS 596.100; and

(B) Failing, refusing, or neglecting to pay registration fees required under ORS 596.100; and

(C) Failing, refusing, or neglecting to provide complete product registration information as required under OAR 603-012-0230(1).

(3)(a) Maximum civil penalties are not to exceed the following:

(A) Category 1

(i) First violation - $500,

(ii) Second violation - $1,500, and

(iii) Third or subsequent violations - $2,500.

(B) Category 2

(i) First violation - $250,

(ii) Second violation - $750, and

(iii) Third or subsequent violations - $2,500.

(b) In determining whether a violation is first, second, or third violation, the Department will focus on the nature of the actions and not the specific product involved, and may consider a subsequent failure to register a product or a subsequent sale of an unregistered product, even if a different product than involved in the earlier violation, a second or third violation.

(4) Notwithstanding sections (2) and (3) of this rule, any violation that arises from gross negligence or willful misconduct and results in substantial harm to human health, animal health, or the environment may be subject to a civil penalty of not more than $2,500 for the initial violation or any subsequent violation. In the context of the acts prohibited in this section, “refusing” constitutes willful misconduct that is subject to a civil penalty of not more than $2,500 for the initial violation or any subsequent violation.

History

Statutory/Other Authority: ORS 561.190
Statutes/Other Implemented: ORS 596.100 & 596.955
DOA 3-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 9-2016, f. & cert. ef. 4-29-16

Division 13 SLAUGHTERING ESTABLISHMENTS

Or. Admin. R. 603-013-0600 Definitions

As used in OAR 603-013-0600 through 603-013-0616:

(1) "Department" means the State Department of Agriculture.

(2) "Establishment" means any building, plant, establishment, vehicle, or structure movable or stationary wherein animals or poultry are slaughtered, prepared, processed, or offered for sale or sold in any manner intended for or to be used as animal food. Establishment also includes the ground adjacent thereto.

(3) "Licensee" means any person licensed to operate a pet or animal food slaughtering establishment as authorized by ORS 619.031 or regulations promulgated thereunder.

(4) "Pet or Animal Food" means any meat, meat food product, carcass, or any part thereof including viscera of a slaughtered animal or poultry that is intended to be used, sold, or offered for sale as pet or animal food as authorized by ORS 619.031.

History

Statutory/Other Authority: ORS 603
Statutes/Other Implemented: ORS 603
DOA 6-2004, f. & cert. ef. 2-13-04
AD 636, f. 3-15-60

Or. Admin. R. 603-013-0602 Licenses

(1) No person shall operate a pet or animal food slaughtering or processing establishment without first obtaining a license therefor from the Department as required by ORS 619.031.

(2) Notwithstanding the provisions of section (1) of this rule, a person holding a meat food animal slaughterhouse license, or a person licensed to slaughter poultry and rabbits, or a person holding a non-slaughtering processing license may, without being required to obtain additional license, also sell or dispose of meat or meat products as pet or animal food providing that such licensees also comply with the special provisions of law or regulations thereunder which apply to the operation of an animal food and slaughtering establishment as required by ORS 619.031 and the provisions of OAR 603-013-0600 to 603-013-0616.

(3) No person shall operate an establishment or slaughter or process any animal for animal food except as authorized and provided by ORS 619.031 and the provisions of OAR 603-013-0600 to 603-013-0616.

(4) No person shall slaughter or process an animal which is intended for or offered for sale or sold for human consumption, in a pet and animal food slaughtering establishment. No person shall keep or maintain an animal carcass or any part thereof in an animal food slaughtering establishment except such carcasses or parts thereof which are intended for use or sale as pet or animal food.

History

Statutory/Other Authority: ORS 603
Statutes/Other Implemented: ORS 603
DOA 6-2004, f. & cert. ef. 2-13-04
AD 636, f. 3-15-60

Or. Admin. R. 603-013-0603 Closure of Establishment That Fails to Obtain a Required License, or Whose License Lapses

If an establishment fails to obtain a required license, or if an establishment allows a required license to lapse, the Department may order the closure of such establishment. In ordering the closure of an establishment for failing to obtain a required license or allowing its license to lapse, the Department shall follow the procedures set forth in OAR 603-025-0520 to 603-025-0535.

History

Statutory/Other Authority: ORS 616.697, ORS 616.695, ORS 632.705-632.815, ORS 621, ORS 622 & ORS 561.300
Statutes/Other Implemented: ORS 616.697 & ORS 183.745
DOA 20-2021, adopt filed 06/07/2021, effective 06/07/2021

Or. Admin. R. 603-013-0604 Construction

Pet food or animal food slaughtering establishments are subject to the provisions specified in OAR 603-025-0020.

History

Statutory/Other Authority: ORS 603
Statutes/Other Implemented: ORS 603
DOA 6-2004, f. & cert. ef. 2-13-04
AD 636, f. 3-15-60

Or. Admin. R. 603-013-0606 Sanitation

(1) A pet or animal food slaughtering establishment, tools, and equipment therein shall be operated and maintained in a sanitary manner. Ample pressure and supply of hot and cold water shall be available in the establishment. While the Department recognizes the fact that the same high degree of sanitation procedures and standards as are required in establishments slaughtering livestock for human consumption are not necessary in establishments slaughtering animals for animal or pet food, the Department will require, and the animal food slaughtering establishments shall comply with, applicable provisions of ORS Chapters 616 and 619 to the extent that animal or pet food is free from disease and is not injurious to the welfare and health of the animals that will be fed such food. Such procedures and standards also shall be used that will protect the health and welfare of the people of this state.

(2) “Offal” or any part of carcass, viscera, or organic material not used for pet or animal food shall not be stored or held for a period longer than 24 hours without refrigerated facilities.

(3) The accumulation of refuse and debris is prohibited in an establishment and the premises adjacent to an establishment shall be maintained in such a manner as not to promote the harboring of insects, rodents, or vermin.

History

Statutory/Other Authority: ORS 616 & 619
Statutes/Other Implemented: ORS 603
AD 636, f. 3-15-60

Or. Admin. R. 603-013-0608 Separation of Facilities

In a slaughterhouse wherein meat is slaughtered and sold for human consumption and one which also processes, handles, offers, or sells pet or animal food; then such facilities and equipment relating to the pet or animal food operation must be all located in a separate room from all the operations of the edible food or meat operations, as approved by the Department. Such pet or animal food procedures and operation shall not interfere with the proper required functions of the operation of the edible food operations.

History

Statutory/Other Authority: ORS 561.190 & 603
Statutes/Other Implemented: ORS 603
AD 636, f. 3-15-60

Or. Admin. R. 603-013-0610 Decharacterizing of Pet or Animal Food

All meat or meat products from animals slaughtered for pet food or animal food shall be decharacterized with either a harmless dye or powdered charcoal approved by the Department. Such decharacterizing shall be carried out to the extent that such meat or meat products can be readily distinguished from edible meat or meat products intended for human consumption.

History

Statutory/Other Authority: ORS 561.190 & 603
Statutes/Other Implemented: ORS 603
AD 636, f. 3-15-60

Or. Admin. R. 603-013-0612 Labeling

All packaged pet or animal food shall be labeled. Such label shall contain at least the following information.

(1) The name and address of the establishment.

(2) The words “Pet Food,” “Animal Food,” or “Dog and Cat Food,” and the additional wording “Not For Human Consumption.” The letters in such wording shall be placed conspicuously on the package and be of such size as to be readily and easily readable to prospective purchasers or users.

(3) The net weight of the product in the package.

(4) The contents in order of their predominance.

(5) Labeling of hermetically sealed, retort processed, conventional retail size containers shall conform with this section except the wording “Not For Human Consumption” need not appear on label. If not in such containers, the product must not only be properly identified, but it must be of such character or so treated (denatured or decharacterized) as to be readily distinguishable from an article of human food.

History

Statutory/Other Authority: ORS 561.190 & 603
Statutes/Other Implemented: ORS 603
AD 636, f. 3-15-60

Or. Admin. R. 603-013-0614 Reports and Records

A report form, which shall be furnished by the Department upon request, shall be forwarded to the Department by the licensee of each establishment not later than the 20th of each month covering the prior operations of such establishment. Such report shall be completely filled out and signed by the licensee.

History

Statutory/Other Authority: ORS 561.190 & 603
Statutes/Other Implemented: ORS 603
AD 636, f. 3-15-60

Or. Admin. R. 603-013-0616 Records

The licensee shall keep daily records as required by ORS 619.031.

History

Statutory/Other Authority: ORS 603
Statutes/Other Implemented: ORS 603
DOA 6-2004, f. & cert. ef. 2-13-04
AD 636, f. 3-15-60

Or. Admin. R. 603-013-0618 Definitions

In addition to the definitions set forth in ORS 601.010, the following shall apply:

(1) “Conduct of the business” means the disposal of raw material according to a license issued pursuant to ORS 601.040.

(2) “Raw material” means the body, carcass or all parts, including viscera, of an animal.

History

Statutory/Other Authority: ORS 561.190 & 601.120
Statutes/Other Implemented: ORS 601.120
AD 12-1995, f. & cert. ef. 6-30-95

Or. Admin. R. 603-013-0620 Construction of Building and Conduct of Business

Every person licensed pursuant to ORS 601.040 shall conduct the business and shall construct, arrange and keep the premises on which the business is conducted according to the following requirements:

(1) All interior surfaces within areas used in the conduct of the business shall be of impervious materials.

(2) All areas of the building and equipment used in the conduct of the business shall be maintained in a clean and sanitary condition. The following minimum requirements shall be met:

(a) Areas and equipment, including storage pits and transfer augers, are to be cleaned at the end of every work day, and a log kept;

(b) Floors, walls and ceilings shall be free of any observable raw material.

(d) Sanitary drainage shall be provided leading to a sewage disposal system approved by the appropriate authorities, which allows areas to be maintained in a clean and sanitary condition;

(e) Hot water and steam shall be available to maintain the areas and equipment in a clean and sanitary condition;

(f) The outside premises shall be maintained free of raw material, any dried liquid matter from animal parts and litter.

(3) All reasonable measures shall be taken to prevent the entrance of and control of lies, insects, rodents and vermin. Such measures shall include, but are not limited to, closing off cracks, openings or other entry points which have developed in the building and the use of screens where appropriate.

(4) Immediately after unloading for processing or into transfer pits, raw material shall be sprayed with an odor control spray.

(5) Raw material for rendering shall not remain longer than eight hours on the premises of a business without being refrigerated, processed or transferred to a processing site. If circumstances arise outside the control of the business which prevent action within eight hours, the business shall maintain the raw material in such a manner that no public annoyance shall be caused by the unsightly appearance or odor of the raw material.

(6) The cooking area must be separate from the storage area and the area where raw materials are skinned, butchered or dismembered. The latter two areas shall also be separate from each other.

(7) The cooking, loading and unloading areas shall be enclosed.

(8) Pressure control shall be automatic, and checked daily. Pressure control shall also be calibrated, and tested annually.

(9) Traps capable of preventing odor in the disposal of steam or exhaust shall be installed on steam vents.

History

Statutory/Other Authority: ORS 561.190 & 601.120
Statutes/Other Implemented: ORS 601.120
AD 12-1995, f. & cert. ef. 6-30-95

Or. Admin. R. 603-013-0625 Vehicles and Transportation

Every person licensed pursuant to ORS 601.050 or 601.080 shall transport raw material in a manner that no public annoyance shall be caused by the unsightly appearance of such material and according to the following requirements:

(1) Vehicles shall be maintained to prevent drippings or seepings. The following minimum requirements shall be met:

(a) Industrial grade seals shall be used;

(b) Seals shall be inspected regularly, and shall be maintained to prevent drippings or seepings;

(d) An inspection log shall be kept.

(2) Vehicle sides shall be high enough to hide raw material and to prevent spilling during transportation.

(3) Each vehicle shall contain an odor control spray, and raw material within the vehicle which emanates an odor shall be sprayed.

(4) Vehicles and containers shall be maintained clean. They shall be cleaned after every work day ensuring that no raw material, liquids or scraps remain, and a log kept.

History

Statutory/Other Authority: ORS 561.190 & 601.120
Statutes/Other Implemented: ORS 601.120
AD 12-1995, f. & cert. ef. 6-30-95

Or. Admin. R. 603-013-0905 Purpose

The Oregon Department of Agriculture Food Safety Program licenses and inspects all facets of Oregon’s food distribution system, except restaurants, to ensure food is safe for consumption. Education and technical assistance are vital to the prevention, correction, and abatement of food safety violations, and are preferred over regulatory action. However, regulatory action may be necessary to deter violations of food safety laws and rules, to educate persons about the consequences of such violations, and to compel compliance with food safety laws for the protection of consumers. The Department intends to initiate civil penalty actions when educational measures, technical assistance, warning letters, compliance agreements or other remedial measures fail to achieve compliance.

History

Statutory/Other Authority: ORS 561.190, 603.995 & 619.996
Statutes/Other Implemented: ORS 603.995 & 619.996
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-013-0910 Definitions

As used in OAR 603-013-0920 through 603-100-0930, unless otherwise required by the context, the following terms will be construed to mean:

(1) "Department" means the Oregon Department of Agriculture.

(2) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction.

(3) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur.

(4) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences.

(5) “Moderate,” with respect to violations, means an incident, or series of incidents that may cause temporary or medically reversible adverse health consequences, or where the probability of serious adverse health consequences is remote.

(6) "Repeat violation" means the recurrence of the same violation for each 24-hour period after a notice of noncompliance or assessment of civil penalty was issued within the preceding three years. It does not include a violation if the previous notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed.

(7) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation.

(8) "Violation" means the failure to comply with any requirement of ORS Chapter 603 or 619 or any rule adopted thereunder.

History

Statutory/Other Authority: ORS 561.190, 603.995 & 619.996
Statutes/Other Implemented: ORS 603.995 & 619.996
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-013-0920 Schedule of Civil Penalties

(1) Operating an animal food slaughtering establishment or processing establishment without first obtaining a license therfor from the Department as required in ORS 619.031. Penalty — $5,000 to $10,000.

(2) Violation of ORS 619.031(7) by a person licensed under ORS 619.031(1)–(5). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000;

History

Statutory/Other Authority: ORS 561.190, 603.995 & 619.996
Statutes/Other Implemented: ORS 603.995 & 619.996
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-013-0932 Penalty Factors; Procedure

(1) In imposing a penalty pursuant to OAR 603-013-0910, the Department shall consider the following factors, which are listed in prioritized order:

(a) The immediacy and extent to which the violation threatens the public health or safety.

(b) Any prior violations of statutes, rules or orders pertaining to meat or meat related activities.

(c) The past history of the person incurring the penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.

(2) Each 24-hour period a violation continues after the period of time established for compliance will be considered a separate violation unless the Department finds a different period of time is more appropriate to describe the specific violation event.

(3) Repeat violations of OAR 603-013-0910 will be assessed as three times the penalty amount in OAR 603-013-0910, not to exceed $10,000.

(4) A civil penalty imposed under this rule will comply with ORS 183.745, except that the written application for a hearing must be received by the Department no later than 10 days after the mailing or personal service of the notice of civil penalty.

History

Statutory/Other Authority: ORS 561.190, 603.995 & 619.996
Statutes/Other Implemented: ORS 603.995 & 619.996
DOA 2-2013, f. & cert. ef. 2-7-13

Division 14 LIVESTOCK IDENTIFICATION AND THEFT PREVENTION

Or. Admin. R. 603-014-0010 Size of Brand and One Impression Limitation

All brands shall be a single stamp impression of such size that the entire design can be placed within a circle one foot in diameter.

History

Statutory/Other Authority: ORS 561
Statutes/Other Implemented: ORS 604.027
AD 22-1981, f. & ef. 10-7-81
AD 585, f. 7-15-58, ef. 7-11-58

Or. Admin. R. 603-014-0012 Authorized Methods or Processes of Applying Brands

(1) Cattle, horses, mules and asses. The only methods or processes of applying brands to cattle, horses, mules, or asses (and the only methods or processes which shall be legal in Oregon), are:

(a) By the use of a hot iron; or

(b) By the use of a super-chilled or freeze iron; or

(2) Sheep. The only methods or processes of applying brands to sheep (and the only methods or processes which shall be legal in Oregon) are:

(a) By the use of paint;

(b) By the application of tattoos;

(d) By the use of a super-chilled or freeze iron or instrument;

(e) By the use of caustic chemicals.

History

Statutory/Other Authority: ORS 561
Statutes/Other Implemented: ORS 604.005
AD 22-1981, f. & ef. 10-7-81
AD 1003(17-73), f. 12-5-73, ef. 12-25-73
AD 849(21-67), f. 9-5-67, ef. 9-13-67

Or. Admin. R. 603-014-0016 Location of Brands on Certain Animals

(1) Cattle. Brands can only be recorded with the Department under the provisions of ORS chapter 604, in the following locations:

(a) Right hip, right ribs, right shoulder, right neck, right jaw;

(b) Left hip, left ribs, left shoulder, left neck, left jaw.

(2) Horses, mules or asses. Brands can only be used or placed on horses, mules or asses and can only be recorded with the Department under the provisions of ORS chapter 604, in the following locations:

(a) Right hip, right stifle, right shoulder, and right jaw;

(b) Left hip, left stifle, left shoulder, and left jaw.

(3) Sheep. Brands can only be used or placed on sheep and can only be recorded with the Department under the provisions of ORS chapter 604, in the following locations for the branding method identified:

(a) Paint brands shall be located on either of two locations on the back of the animal such locations being defined as:

(A) Withers area: From the spinous process of the first thoracic vertebrae posteriorally to the posterior border of the eighth rib, extending on each side to lines parallel to the back line from one-half the distance from the spinous process to the shoulder joint; and

(B) Mid-back area: From the posterior border of the above described withers area posteriorally along the spinous process to the fourth lumbar vertebrae, extending on each side to lines parallel to those side lines described in the withers area.

(b) Such brands shall be situated so that the top of the brand faces toward the head of the animal:

(A) Tattoo brands shall be located on the inside of either of the front legs on the wool-free area above the knee;

(B) Firebrands, freeze brands, or caustic chemical brands shall be located on either nose, left jaw, or right jaw.

History

Statutory/Other Authority: ORS 561 & 604
Statutes/Other Implemented: ORS 604.021
DOA 6-2008, f. & cert. ef. 2-6-08
DOA 2-2004, f. & cert. ef. 1-23-04
AD 22-1981, f. & ef. 10-7-81
AD 1092(15-76), f. & ef. 4-16-76
AD 1003(17-73), f. 12-5-73, ef. 12-25-73
AD 849(21-67), f. 9-5-67, ef. 9-13-67
AD 647, f. & ef. 11-18-60

Or. Admin. R. 603-014-0017 Location of Herd or Breed Identification Markings

As provided by ORS 604.021(2), the following areas and markings may be used for herd or breed identification:

(1) The gaskins of cattle, on either side, may be used for herd identification markings. Such identification markings shall consist of three letters or figures, or any combination thereof, and may be placed either vertically or horizontally. No designs or connected figures may be used.

(2) The necks of horses, on either side, may be used for breed association identification markings.

History

Statutory/Other Authority: ORS 561 & 604
Statutes/Other Implemented: ORS 604.021
AD 13-1983, f. 10-19-83, ef. 11-1-83

Or. Admin. R. 603-014-0030 No Ear or Flesh Marks Not Entitled to Be Recorded

No ear or flesh marks shall be recorded for any species of livestock. However, the Department encourages the owner of recorded brands to submit such marks with the application for recording of brand.

History

Statutory/Other Authority: ORS 561
Statutes/Other Implemented: ORS 561.190
AD 22-1981, f. & ef. 10-7-81
AD 585, f. 7-15-58, ef. 7-11-58

Or. Admin. R. 603-014-0035 Adjustment of Conflicting Brands

Should the Department deem it necessary to adjust conflicting brands, such adjustment will be made on the basis of priority of continuous record; provided, however, that the owners of conflicting brands may make such adjustments between themselves if satisfactory to the Department.

History

Statutory/Other Authority: ORS 561.190 & 604.021
Statutes/Other Implemented: ORS 604.021
AD 585-1958, f. 7-15-58, ef. 7-11-58

Or. Admin. R. 603-014-0045 Application and Activation Fees for New Certificates of Recordation of Brands

(1) If a person desires to record a distinctive brand on a location on a species of livestock, the person may apply for a certificate of recordation as provided in this section.

(2) To receive a certificate of recordation, the person shall submit a written application, submit all other requested documents, and pay an application fee plus an activation fee.

(a) The person may submit a written application for a certificate of recordation. The application fee must accompany the application. The amount of the application fee is $25 for each location on each species of livestock.

(b) If the department determines after a review of the application that the requested brand is available, the department will project an expiration date for a certificate of recordation, inform the applicant of the projected expiration date and of the amount of the activation fee, and may request additional documents from the applicant.

(c) The amount of the activation fee for each certificate of recordation will be calculated based on the livestock species and on the number of days between the date that the department determined that the requested brand is available and the projected expiration date. For all livestock species except sheep, the activation fee for a certificate of recordation shall be $0.14 per day, up to a maximum of $200. For sheep, the activation fee for a certificate of recordation shall be $0.03 per day, up to a maximum of $40.

(d) Upon receiving the information described in paragraph (b), the applicant may submit the activation fee to the department. If the applicant does not submit the activation fee and all requested documents to the department so that the department receives them within three months of the date that the department determined that the requested brand is available, then the department’s determination will be deemed rescinded without further action.

(3) Upon receipt of a written application, the application fee, the activation fee, and all other requested documents as provided in this section, the department will issue a certificate of recordation for the distinctive brand on the location on the species of livestock. The certificate shall allow use of the brand until the expiration date.

History

Statutory/Other Authority: ORS 561.180, 604.027 & 607.261
Statutes/Other Implemented: ORS 604.027 & SB 1019 (2025)
DOA 24-2025, amend filed 10/15/2025, effective 10/15/2025
DOA 32-2003, f. & cert. ef. 9-12-03
DOA 27-2003(Temp), f. & cert. ef. 8-4-03 thru 11-1-03
AD 6-1992, f. & cert. ef. 6-3-92
AD 22-1981, f. & cert. ef. 10-7-81
AD 2-1980, f. 2-20-80, cert. ef. 4-1-80
AD 1068(14-75), f. 9-5-75, cert. ef. 10-1-75
AD 1026(16-74), f. 4-30-74, cert. ef. 5-25-74
AD 849(21-67), f. 9-5-67, cert. ef. 9-13-67
AD 615-1959, f. 7-23-59, cert. ef. 7-23-59 & 8-5-59

Or. Admin. R. 603-014-0046 Establishing Expiration Dates for Certificates of Recordation of Brands

(1) Except as provided in subsection (2), when issuing a new certificate of recordation or when renewing an existing certificate of recordation, the department may establish or adjust the expiration date of the certificate as the department considers necessary to ensure that an approximately equal number of certificates will expire in each year of a four-year cycle.

(2) Every certificate of recordation must have at least one expiration date in each four-year cycle.

History

Statutory/Other Authority: ORS 561
Statutes/Other Implemented: ORS 604.027(1) & 604.027(2)
DOA 32-2003, f. & cert. ef. 9-12-03
DOA 27-2003(Temp), f. & cert. ef. 8-4-03 thru 11-1-03

Or. Admin. R. 603-014-0047 Renewal Fees for Certificates of Recordation of Brands

(1) All certificates of recordation expire on their expiration dates, unless the department receives the renewal fee by the first January 4th that follows an attempt by the department to notify the holder of the need to renew.

(2) The department will attempt to notify the holder during the September that precedes the expiration date of the certificate of recordation that the certificate needs to be renewed.

(3)(a) The amount of the renewal fee depends on whether the new expiration date will be adjusted under OAR 603-014-0046.

(b) If the new expiration date will not be adjusted, the certificate of recordation will be effective for four years and the amount of the renewal fee will be based on the species of livestock. For all livestock species except sheep, the renewal fee shall be $200. For sheep, the renewal fee shall be $40.

(4) The department will mail the notifications described in this section to a holder of a certificate of recordation at the holder’s last known address as shown on the department’s records.

History

Statutory/Other Authority: ORS 561
Statutes/Other Implemented: ORS 604.027(1), 604.027(2) & SB 1019 (2025)
DOA 24-2025, amend filed 10/15/2025, effective 10/15/2025
DOA 32-2003, f. & cert. ef. 9-12-03
DOA 27-2003(Temp), f. & cert. ef. 8-4-03 thru 11-1-03

Or. Admin. R. 603-014-0048 Reactivation Fees for Expired Certificates of Recordation of Brands

(1) If a certificate of recordation has expired, the person who held the certification of recordation may reactivate the certificate as provided in this section within one year of the date the certificate expired.

(2) Within 60 days of the expiration, the department will provide written notice of the expiration to the person who held the certificate.

(3) To reactivate a certificate of recordation, the person who held the certificate shall submit a written request, submit all other requested documents, and pay a reactivation fee plus a renewal fee.

(a) The person who held the certificate of recordation may request in writing that the department reactivate the certificate. The reactivation fee must accompany the request. The amount of the reactivation fee is $25 for each certificate.

(b) If the department determines that the certificate of recordation may still be reactivated, the department will inform the person who held the certificate of the amount of the renewal fee and may request additional documents from the person.

(c) The amount of the renewal fee for each certificate of recordation will be calculated based on the livestock species and on the number of days between the date that the department determined that the certificate may still be activated and the new expiration date. For all livestock species except sheep, the renewal fee for a certificate of recordation shall be $.07 per day, up to a maximum of $100. For sheep, the renewal fee for a certificate of recordation shall be $.03 per day, up to a maximum of $40.

(d) Upon receiving the information described in paragraph (b), the person who held a certificate of recordation may submit the renewal fee to the department. If the person does not submit the renewal fee so that the department receives it within three months of the date that the department determined that the certificate of recordation may be reactivated or within one year of the date that the certificate expired, whichever occurs first, then the department’s determination will be deemed rescinded without further action.

(e) Upon receipt of a written request, the reactivation fee, the renewal fee, and all requested documents as provided in this section, the department will reactivate the certificate of recordation. The reactivation shall allow use of the brand between the date that the department determined that the certificate of recordation may be reactivated and the new expiration date. The reactivation does not allow use of the brand between the date the certificate or recordation expired and the date that the department determined that the certificate of recordation may be reactivated.

(4) If the person who held a certificate of recordation does not reactivate an expired certificate of recordation within one year of the date that the certificate expired and as otherwise provided in this section, then the certificate is considered abandoned and any other person may apply for recordation of the distinctive brand.

(5) The department will mail the notifications described in this section to a person who held a certificate of recordation by addressing the notification to the person and use the person’s last known address as shown on the department’s records.

History

Statutory/Other Authority: ORS 561
Statutes/Other Implemented: ORS 604.027(1) & 604.027(2)
DOA 32-2003, f. & cert. ef. 9-12-03
DOA 27-2003(Temp), f. & cert. ef. 8-4-03 thru 11-1-03

Or. Admin. R. 603-014-0055 Service Fee

(1) A service fee shall apply any time a livestock program employee travels specifically with the intent to conduct a brand inspection.

(2) The service fee is $35 per travel location.

(3) At the discretion of the livestock program, a waiting fee may apply any time livestock, or the responsible person, are unavailable at the scheduled inspection time or if there is an interruption of the inspection where a livestock program employee is unable to perform their inspection duties. The time spent waiting by the livestock program employee shall be considered waiting time.

(a) The program employee must notify a representative of the person requesting the inspection of the initiation of waiting,

(b) Waiting time shall be charged as detailed in section 6 of this rule.

(4) Waiting time shall be charged in addition to any service fee incurred.

(5) If a brand inspection has been scheduled and the person requesting the inspection is unavailable or unable to present livestock for inspection, the hourly inspector rate, including travel time and mileage associated with the scheduled inspection shall apply to the “no show” event.

(a) Time spent traveling will be billed at the rate detailed in section 6 of this rule.

(b) When travel is incurred, mileage will be charged at the rate per mile established by the Department of Administrative Services.

(6) In situations where the inspection fee detailed in OAR 603-014-0095 is not applicable to the activity conducted by the livestock program employee, including, but not limited to waiting time or an inspection “no show”, rates are billed at $50 per hour rounded to the nearest quarter hour.

History

Statutory/Other Authority: ORS 561.190
Statutes/Other Implemented: ORS 604.046(2)
DOA 17-2024, amend filed 09/05/2024, effective 10/01/2024
DOA 25-2022, amend filed 10/10/2022, effective 10/10/2022
DOA 6-2008, f. & cert. ef. 2-6-08
Reverted to DOA 12-2006, f. 6-7-06 cert. ef. 7-1-06
DOA 10-2007(Temp), f. 6-20-07, cert. ef. 7-1-07 thru 12-21-07
DOA 12-2006, f. 6-7-06 cert. ef. 7-1-06
DOA 14-1999, f. & cert. ef. 6-30-99

Or. Admin. R. 603-014-0065 Service Fee Exemptions

The service fee required by OAR 603-014-0055 shall not apply to the following:

(1) Cattle and equine that are presented for inspection at place where a livestock inspector is present and the owner or occupant of that place allows the use of their property to conduct the inspection. The service charge may or may not have already been paid by the person who caused the inspector to be at that place.

(2) At auction markets where multiple inspectors are required to adequately inspect cattle prior to their sale, only one service fee will be charged per sale.

History

Statutory/Other Authority: ORS 561.190
Statutes/Other Implemented: ORS 604.046(2)
DOA 6-2008, f. & cert. ef. 2-6-08
Reverted to DOA 14-1999, f. & cert. ef. 6-30-99
DOA 10-2007(Temp), f. 6-20-07, cert. ef. 7-1-07 thru 12-21-07
DOA 14-1999, f. & cert. ef. 6-30-99

Or. Admin. R. 603-014-0095 Brand Inspection Fee

(1) The brand inspection fee for cattle shall be $1.75 per head.

(2) The brand inspection fee for cattle hides shall be $1.50 per hide.

(3) The brand inspection fee for self-inspection (E certificates) on cattle shall be $1.75 per head.

(4) The charge for cattle transportation certificates printed by the Department shall be $3.50 per book plus postal or freight charges for shipping the requested certificate books sent first class or bulk rate based on weight.

History

Statutory/Other Authority: ORS 561.075, ORS 604.027 & ORS 607.261
Statutes/Other Implemented: ORS 604.066 & SB 1019 (2025)
DOA 24-2025, amend filed 10/15/2025, effective 10/15/2025
DOA 16-2025, temporary amend filed 07/03/2025, effective 08/01/2025 through 01/27/2026
DOA 17-2024, amend filed 09/05/2024, effective 10/01/2024
DOA 25-2022, amend filed 10/10/2022, effective 10/10/2022
DOA 19-2008, f. 9-10-08, cert. ef. 9-12-08
DOA 6-2008, f. & cert. ef. 2-6-08
Reverted to DOA 8-2003, f. 1-14-03 cert. ef. 1-15-03
DOA 10-2007(Temp), f. 6-20-07, cert. ef. 7-1-07 thru 12-21-07
DOA 8-2003, f. 1-14-03 cert. ef. 1-15-03
AD 6-1992, f. & cert. ef. 6-3-92
AD 12-1989, f. & cert. ef. 9-1-89
AD 3-1985, f. 1-23-85, ef. 2-1-85
AD 13-1983, f. 10-19-83, ef. 11-1-83
AD 15-1982, f. & ef. 11-1-82

Or. Admin. R. 603-014-0135 Brand Inspection System for Cattle Hides

As provided by ORS 604.046(6), the system for brand inspection of cattle hides resulting from custom slaughtering operations shall be as follows:

(1) Custom slaughtering establishments shall prepare the certificates and reports required by ORS 603.045. All hides shall be identified by application of a back tag or other identification device approved in writing by the Department. The back tag or device must be affixed to the hide with back tag glue or other manner approved in writing by the Department.

(2) Custom slaughtering establishments shall disclose to the Department the identities and locations of the rendering plants or hide buyers to which they sell or deliver cattle hides resulting from their slaughtering operations. Brand inspection of cattle hides may then be performed at these identified places. In the event custom slaughtering establishments retain the cattle hides resulting from their slaughtering operations, or in the event the cattle hides are disposed of to tanneries, or to rendering plants or tanneries located outside this state, brand inspection of cattle hides shall then be performed at the custom slaughtering establishments with the fees therefore based upon the number of cattle hides inspected. The brand inspection of cattle hides may be random, select or complete, depending upon the number of hides available for inspection and the degree of ownership verification, but not less than 25% annually.

(3) As provided by ORS 561.275, all rendering plants licensed under ORS 601.050, hide buyers, and all custom slaughtering establishment licensed under ORS 603.025, shall make their records relating to their acquisition and disposition of cattle hides available to the Department upon its request.

(4) The fee for brand inspection of cattle hides shall be that set forth in OAR 603-014-0095. The fee for such inspections performed at rendering plants identified under section (2) of this rule shall be deducted from the sales prices due the custom slaughtering establishments from whom the cattle hides were obtained, and remitted to the Department on or before the fifth day of the month following the acquisition of such cattle hides.

History

Statutory/Other Authority: ORS 561 & 604
Statutes/Other Implemented: ORS 604.071(5)
DOA 6-2008, f. & cert. ef. 2-6-08
Reverted to DOA 26-2000, f. & cert. ef. 10-6-00
DOA 10-2007(Temp), f. 6-20-07, cert. ef. 7-1-07 thru 12-21-07
DOA 26-2000, f. & cert. ef. 10-6-00
DOA 15-1999, f. & cert. ef. 6-30-99
AD 9-1987, f. & ef. 6-24-87
AD 13-1983, f. 10-19-83, ef. 11-1-83

Or. Admin. R. 603-014-0205 Inspection Requirements

Subject to OAR 603-014-0210, all cattle shall be inspected at any time there is a transfer of ownership in said cattle, by sale or otherwise. However, the buyer and seller of cattle may agree to have inspection of groups of cattle at a designated collection point at any time within 48 hours after the sale or other form of transfer of ownership has taken place.

History

Statutory/Other Authority: ORS 561 & 604
Statutes/Other Implemented: ORS 604.046
AD 22-1981, f. & ef. 10-7-81
AD 1110(31-76), f. & ef. 10-4-76
AD 1022(12-74), f. 4-12-74, ef. 5-11-74

Or. Admin. R. 603-014-0210 Inspection Exemptions

The brand inspection required by OAR 603-014-0205 shall not apply to the following:

(1) Cattle that are:

(a) Transported or moved directly (without diversion) to a licensed slaughtering establishment, licensed feedlot, or a licensed auction yard, where the regular brand inspection will be performed upon said cattle; and

(b) Sold directly to the person causing such transportation or movement and such brand inspection referred to in subsection (a) of this section; and

(c) The subject matter of an assurance given to the seller that such cattle are to be so brand inspected and transported or moved within eight days of the transfer of ownership.

(2) Cattle, not to exceed fifteen head, that are sold by seller to the same person during a consecutive eight-day period, and for which an exemption certificate, prescribed by and obtained from the Department, has been issued to said purchaser with the fee paid therefore. An executed copy of said exemption certificate shall be submitted to the Department within eight days of the execution thereof.

(3) Cattle that are handled by a custom slaughtering establishment wherein hide inspection and other requirements are performed.

(4) Calves up to 30 days of age.

History

Statutory/Other Authority: ORS 561 & 604
Statutes/Other Implemented: ORS 604.046
DOA 24-2021, temporary amend filed 10/18/2021, effective 10/19/2021 through 04/16/2022
DOA 12-2002, f. 4-5-02, cert. ef. 4-16-02
AD 22-1981, f. & ef. 10-7-81
AD 1110(31-76), f. & ef. 10-4-76
AD 1057(3-75), f. 4-17-75, ef. 5-11-75
AD 1022(12-74), f. 4-12-74, ef. 5-11-74

Or. Admin. R. 603-014-0310 Permits to Use Out-of-State Livestock Brands and the Conditions and Fees for Such Use

(1) When an out-of-state brand is unavailable for recording due to its similarity to other brands recorded in Oregon, a permit to use such a brand shall be required.

(2) A permit to use a brand not recorded in Oregon shall be issued by the Department of Agriculture, acting through the Livestock Health and Identification Division, under the following conditions:

(a) The brand to be used must be currently registered in another state;

(b) The applicant must submit a facsimile (tracing) of the branding iron to be used;

(c) Permits shall be valid for eight months from the date of issue. A permit may be renewed once for a period of no greater than four months. In no event will permits be valid for longer than 12 months. Thereafter, continued use of the brand will require a new permit;

(d) Animals to be branded must be brand inspected before the out-of-state brand is applied. The usual brand inspection fee shall apply;

(e) If animals are branded at an auction market where brand inspection has occurred, no additional brand inspection fee shall be charged;

(f) Change of ownership brand inspection is required within eight days of the transfer. If rebranding takes place when its inspection occurs, no additional brand inspection shall be charged. However, if cattle are branded at a later time, another inspection shall be required and the usual fee shall apply;

(g) A $60 processing fee shall be charged for a permit; a $5 fee shall be charged for processing a renewal of the permit.

(3) A permit shall not be issued to an out-of-state brand owner pasturing livestock in the same Oregon county as the owner of the Oregon conflicting brand.

(4) A Supervising Livestock Brand Inspector may authorize the use of an out-of-state brand at the time of brand inspection. Upon verifying the brand is currently registered in another state, the inspector will collect the $60 fee, brand facsimile and permit application and forward these items to the Brand Recorder for processing. If the brand is available for recording in Oregon, registration documents will be issued. If the brand is not available for recording in Oregon, the out-of-state brand permit will be issued.

History

Statutory/Other Authority: ORS 561.190 & 604.071
Statutes/Other Implemented: ORS 604.071
AD 23-1993, f. & cert. ef. 12-21-93
AD 4-1988, f. 4-5-88, cert. ef. 4-15-88

Division 15 CARE OF PET AND CAPTIVE ANIMALS

Or. Admin. R. 603-015-0025 Definitions

As used in OAR 603-015-0025 to 603-015-0060:

(1) “Animal Pounds” or “Animal Shelters” means any establishment maintained by public funds, private funds, or a combination of public and private funds, that uses such establishment for holding pet or captive animals for disposition by gift, treatment and care, euthanasis, sale, or exchange.

(2) “Boarding Kennels” means an establishment operated and maintained for the care or custody of pet animals for boarding, training, or similar purposes, for varying periods of time, for profit or compensation.

(3) “Commercial Kennels” means an establishment operated and maintained for the purpose of breeding, buying, selling, or bartering of pet animals for profit or compensation.

(4) “Establishment” includes, in connection with the operation or ownership of a business of a boarding kennel, commercial kennel, grooming parlor, pet shop, animal pound, or animal shelter:

(a) Any room, building, structure, or place; and

(b) All equipment, machinery, fixtures, articles, and materials; and

(c) The ground upon which such place or business is located and such ground or area which is a part of the business, or used by the owner or operator in carrying out such business.

(5) “Grooming Parlor” means any establishment that bathes, clips, pedicures, or grooms any pet or captive animal for profit or compensation.

(6) “Pet Animal” or “Pet Animals” means any animal held, maintained, or kept in captivity.

(7) “Pet Shop” or “Animal Dealer” means an establishment operated and maintained for buying or receiving pet animals, and thereafter exhibiting or offering for sale, or selling, trading, or bartering such animals.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.020
AD 8-1984, f. & ef. 5-23-84

Or. Admin. R. 603-015-0030 Intent and Purpose

It is the intent and purpose of the provisions of OAR 603-015-0025 to 603-015-0060 to verify and require that all measures and procedures are maintained and taken to eradicate and control diseases in pet animals, and/or the diseases in pet animals which may be transferable or transmissible from pet animals to other animals or persons.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.020
AD 8-1984, f. & ef. 5-23-84

Or. Admin. R. 603-015-0035 General Requirements

(1) Any person who is engaged in the business of a boarding kennel, commercial kennel, pet shop, animal pounds, animal shelters, or grooming parlors, shall comply with the provisions of OAR 603-015-0025 to 603-015-0060. All such provisions apply to such businesses and to the owners or operators thereof.

(2) An individual, family, or groups of associations who do not fall within the meaning and definition of a boarding kennel, commercial kennel, pet shop, animal pound, or animal shelter or grooming parlor, owner or operator, shall also reasonably comply with the provisions or OAR 603-015-0025 to 603-015-0060, in the handling, care, and keeping of pet animals under their ownership care, or custody.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.020
AD 8-1984, f. & ef. 5-23-84

Or. Admin. R. 603-015-0040 Facilities — Indoors

(1) Structural strength of facilities for housing pet animals shall be sound, in good repair to prevent injuries, contain the animal, and prevent the entrance of other animals.

(2) Electric power and a potable water supply shall be available. Lighting, artificial and natural, shall be of good quality and well distributed.

(3) Isolation — Facilities must be available for the isolation and treatment of pet animals suspected of harboring communicable diseases.

(4) Storage — Facilities shall be provided for the storage of equipment and to protect food and bedding against vermin infestation and contamination.

(5) Waste Disposal: Provision for the removal and disposal of excreta, bedding, dead animals, shall be made. Disposal facilities shall be constructed and operated in such manner as to minimize disease hazards, offensive odors, and vermin infestation.

(6) Facilities for wash rooms: Basins and sinks shall be provided for cleanliness of caretakers, and sanitization of feeding utensils.

(7) Ventilation: Provisions and facilities for adequate ventilation to insure the exhausting of stale air, excess humidity, and kennel odors, shall be made and maintained. Temperatures of 70°F to 75°F are recommended within practical limits.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.020
AD 8-1984, f. & ef. 5-23-84

Or. Admin. R. 603-015-0045 Facilities — Outdoors

Shall offer shade against sun, shelter against rain, snow, and wind; sufficient protection for pet animals against cold and inclement weather, and adequate drainage to eliminate excessive water in the runs. Adequate space should be allowed in outside houses and cages to permit the animal to stand, turn around, and lie down, without obstructing freedom of movement.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.020
AD 8-1984, f. & ef. 5-23-84

Or. Admin. R. 603-015-0050 Health and Husbandry Practices

(1) Pet animals shall be fed a food that is palatable, wholesome, and meets minimal daily nutritional requirements. Ground or kennel surface feeding is not permitted. Feed pans and receptacles shall be washed and sanitized after each feeding. Self feeders will be cleaned and sanitized as often as necessary to prevent molding or deterioration of the contents.

(2) Fresh potable water will be offered at least twice daily and more often if weather conditions warrant. More water is required in hot weather.

(3) Sanitation: Excreta will be removed from runs, cages, pens, daily and more often if necessary. Runs and enclosures will be sanitized once weekly by cleaning and using a safe and effective disinfectant and changing soil or litter as often as it becomes soiled. Premises will be kept clean and free from trash and facilities will be maintained in good order to prevent injury to animals and offer them proper protection against inclement weather.

(4) Sick animals. Pet animals that are quarantined or under treatment for communicable diseases shall be isolated in such place that healthy animals are not exposed.

(5) Importation: In accordance with OAR 603-011-0250 through 603-011-0382 and ORS 596.341 and other laws or regulations thereunder.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.020
AD 8-1984, f. & ef. 5-23-84

Or. Admin. R. 603-015-0055 Animals in Transit

(1) Pet animals when required to be shipped in crates shall be transported in crates constructed of a smooth, durable material which is easily cleaned and shall:

(a) Have a solid floor which may have a false bottom;

(b) Be so constructed as to provide maximum safety for the particular animal or animals being transported;

(d) Crates shall be so constructed that food or water may be put through a small-type door without removing the animal from the crate in order that caretakers may feed and water when required;

(e) Care and feeding instructions should be written out by the shipper and attached to the crate. Other precautions in handling the animal should also be given in case it becomes necessary to move the animal from the crate.

(2) In all cases the crates shall be large enough to provide space for the pet animals to lie down in extended position and to allow ease of movement when standing or turning around. When the temperature is over 85°F, increased space shall be provided to within reason.

(3) The crate shall be cleaned before use for each trip.

(4) Food and water containers shall be cleaned and sanitized before each trip.

(5) If bedding is used it shall be clean, dry, and dust free.

(6) The person or persons responsible for the welfare of the pet animal or animals while in transit shall:

(a) Offer the pet animal food at least once every 24 hours;

(b) Offer all pet animals water at 12 hour intervals at least, except that water shall be offered at four-hour intervals when the temperature reaches 90°F or above;

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.020
AD 8-1984, f. & ef. 5-23-84

Or. Admin. R. 603-015-0060 Records

(1) A record of each sale shall be maintained by the owner or operator of each boarding kennel, commercial kennel, pet shop, animal pound, or animal shelter, for a minimum period of 12 months after date of sale or transfer of a pet animal and shall include the date of sale, age, breed, indication of sex of animal sold, name and address of the purchaser, source, and breeder.

(2) If records of prophylactic medication are used in advertising or are furnished the purchaser or person acquiring a pet animal, specific information regarding type, amount, and date of prophylactic medication shall be kept by the owner or operator of each boarding kennel, commercial kennel, pet shop, animal pound, or animal shelter, and shall become a part of the sales record.

(3) Upon request from the purchaser, such owner or operator of each boarding kennel, commercial kennel, pet shop, animal pound, or animal shelter, or his representative, shall furnish the purchaser with a record as outlined in section (2) of this rule.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.020
AD 8-1984, f. & ef. 5-23-84

Or. Admin. R. 603-015-0065 Penalties

Applicable penalties as set forth in ORS 596.990 apply to any person violating the provisions of OAR 603-015-0025 to 603-015-0060.

History

Statutory/Other Authority: ORS 561 & 596
Statutes/Other Implemented: ORS 596.990
AD 8-1984, f. & ef. 5-23-84

Or. Admin. R. 603-015-0075 Intent and Purpose

The intent and purpose of OAR 603-015-0075 to 603-015-0110 is to ensure that all animal rescue entities comply with record keeping and licensing requirements.

History

Statutory/Other Authority: ORS 609.415, 561 & 596
Statutes/Other Implemented: ORS 609.415 & 609.420
DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020

Or. Admin. R. 603-015-0080 Definitions

As used in OAR 603-015-0075 to 603-015-0110:

(1) “Department” means the State Department of Agriculture and the Enforcing Agency, which is the office of the State Veterinarian, located within the State Department of Agriculture.

(2) “Animal rescue entity” or "ARE" means any individual or organization—including but not limited to an animal control agency, humane society, animal shelter, animal sanctuary, or boarding kennel not subject to ORS 167.374, but excluding a veterinary facility—that keeps, houses, and maintains in the individual’s or organization’s legal custody 10 or more animals at any given time and that solicits or accepts donations in any form.

(3) “Foster facility” means a separate location controlled by, but not owned or operated by the animal rescue entity, at which a person has volunteered to maintain physical custody of animals that are within the legal custody of an animal rescue entity. A foster facility with fewer than 10 animals in the legal custody of an animal rescue entity is not considered a separate physical location out of which an animal rescue entity operates.

(4) “Physical location” means either:

(a) a separate location controlled and operated by the animal rescue entity at which any number of animals are maintained in the legal custody of the animal rescue entity; or

(b) a separate location controlled by, but not owned or operated by the animal rescue entity at which 10 or more animals are maintained in the legal custody of an animal rescue entity.

(5) “10 or more animals” means the combined number of animals kept, housed, and maintained in the animal rescue entity’s legal custody, whether at that animal rescue entity’s physical location, another physical location of the same animal rescue entity, or in the physical custody of a foster facility. A nursing mother and her unweaned offspring constitute one animal unit. Weaned offspring constitute individual animal units.

(6) “Animal” means any nonhuman mammal, bird, reptile, amphibian, or fish.

(7) “License year” means a 12-month period beginning July 1 and ending on June 30 for which a license is valid or the remainder of that period at the time a license is issued.

(8) “Legal custody” means the authority to make decisions on behalf of an animal, including but not limited to decisions regarding health care, physical placement, and general welfare. The Department considers the fact that an individual or organization makes decisions on behalf of an animal to be evidence that that individual or organization possesses legal custody of that animal.

(9) “State Veterinarian” means the chief animal health official of the State as per ORS 596.210.

(10) “Unique identification” means any physical means by which an animal may be distinguished from all other similar animals, including but not limited to, a microchip, ear tag, leg band, tattoo, brand, or a photograph or written description of distinguishing features.

History

Statutory/Other Authority: ORS 609.415, 561 & 596
Statutes/Other Implemented: ORS 609.415 & 609.420
DOA 10-2024, amend filed 05/24/2024, effective 05/24/2024
DOA 20-2023, amend filed 05/11/2023, effective 05/15/2023
DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020

Or. Admin. R. 603-015-0085 Licensing

(1) In order to operate in Oregon, each separate physical location out of which an animal rescue entity operates shall obtain and maintain a license from the Department. An animal rescue entity must complete the process laid out in section (2), (3), and (4) of this rule prior to commencing operations within Oregon.

(2) An animal rescue entity shall apply to the Department for the issuance or renewal of a license using the following process:

(a) Obtain a license application from the Department’s online services link or by contacting the Department.

(b) Complete the license application in full, including any required attachments or additional information requested and return the completed application to the Department.

(c) For the issuance of a license, schedule an inspection by the Department upon the Department’s request under section (3) of this rule.

(d) For the renewal of a license, either schedule an inspection by the Department upon the Department’s request under section (3) of this rule or obtain an exemption as per section (7) of this rule.

(3) The Department will review and process applications using the following process:

(a) The Department will process complete license applications on a first come, first served basis.

(b) Prior to the Department’s issuance of a license, the Department shall request and conduct an inspection of any portion(s) of the animal rescue entity that it determines reasonably appropriate. The inspection shall allow the Department to determine if the animal rescue entity is compliant with the following:

(A) Indoor facilities as per OAR 603-015-0040;

(B) Outdoor facilities as per OAR 603-015-0045;

(D) Record keeping as per OAR 603-015-0060 and OAR 603-015-0090 including importation documents if animals are acquired from an out-of-state or international source; and

(E) Any other applicable laws or regulations.

(c) Following an inspection, the Department will issue the animal rescue entity a written, preliminary determination describing the results of the inspection. The final determination of the results of the inspection shall be made in the licensing decision.

(d) The Department may require follow-up documentation from the animal rescue entity following the inspection to determine compliance with the laws laid out in subsection (3)(b) of this rule).

(e) The Department will issue a preliminary licensing decision following the completion of the steps laid out in section (2) and (3) of this rule and following the Department’s review of all information. If the Department preliminarily determines that an animal rescue entity should receive a license, the Department will submit an invoice for payment of the license fee required under section (4) of this rule to the animal rescue entity. A final licensing decision will be made following receipt of payment.

(f) The Department shall not issue or renew a license if:

(A) The application is incomplete;

(B) The animal rescue entity fails to pay the license fee;

(D) The animal rescue entity did not provide follow up documentation required under subsection (3)(d) of this rule;

(E) The animal rescue entity is out of compliance with any of the provisions laid out in subsection (3)(b) of this rule); or

(F) The Department determines it should exercise its discretion to decline to do so under section (8) of this rule.

(4) For the issuance or renewal of a license, the fee shall be calculated based on a combination of a single organization license fee, the number of physical locations owned, operated, or controlled by the ARE, and the total number of animals transferred into an ARE’s custody during the prior licensing year. Fees are not prorated. A license will be valid for the remainder of the license year in which the license is issued or renewed.

(a) Organization license fee – Each ARE shall pay an organization license fee based on the ARE’s organization type. Organization fees shall be calculated as follows:

(A) ARE’s which own or operate one or more physical locations meeting the definition in OAR 603-015-080(4)(a); this fee includes one primary physical location owned or operated by the ARE - $375

(B) ARE’s which do not own or operate any physical locations, that operate only foster facilities or physical locations meeting the definition in OAR 603-015-080(4)(b) - $300

(b) Physical location fee – Each ARE shall pay a physical location fee for each physical location where animals in the legal custody of the ARE are kept. For AREs which are licensed under (4)(a)(A) of this rule, the ARE’s primary physical location will be exempt from this fee. The physical location fee shall be $75 per physical location.

(c) Animal transfer fee –Each ARE shall pay an animal transfer fee based on the number of animals transferred into the ARE’s custody during the previous license year. Transferred animals shall include any animal that was in the ARE’s legal custody for any length of time. Animal transfer fees will not be assessed to AREs being newly licensed, but shall be assessed each following license year for renewal. Animal Transfer Fees shall be calculated as follows:

(A) 50 or fewer animals transferred into the ARE’s custody - $0

(B) 51 to 250 animals transferred into the ARE’s custody - $0

(D) 501 to 1000 animals transferred into the ARE’s custody - $500

(E) 1001 to 2500 animals transferred into the ARE’s custody - $750

(F) 2501 or more animals transferred into the ARE’s custody - $1,500

(5) If the Department receives a complaint about an animal rescue entity or a physical location or foster facility controlled by an animal rescue entity, the Department may initiate an investigation and inspect that animal rescue entity or facility. The Department may seek and obtain a warrant to conduct an investigation or inspection, and when conducting an investigation or inspection pursuant to this rule, the Department may seize any evidence or report any other violations that it observes or otherwise discovers.

(6) An animal rescue entity may only transfer a license to another person with the prior written consent of the Department. The Department will only grant a transfer request if it determines the current license has not expired and the request complies with the requirements of this provision. To request a transfer of a license, a licensee shall submit a request to transfer the license to the Department in writing and include the name, address, and management, ownership, or substantial control of their business or operation to which the animal rescue entity wishes to transfer its license and shall include any other information or documentation requested by the Department. The transferee shall submit a signed release to the Department permitting the performance of a background investigation of the transferee, and the Department shall conduct a background investigation. An inspection is required to complete the license transfer. The Department will either deny or grant the transfer as soon as practicable.

(7) A license renewal for an animal rescue entity may be granted by the Department without an inspection if the animal rescue entity has not committed any violations in the preceding license year and has not made changes to its business or facility. Changes include but are not limited to any alteration of the business location, facility structure, or ownership information. The request for an inspection exemption can be made on the license renewal form.

(8) The Department may refuse to issue or renew, suspend, or revoke a license for any one or more of the following grounds:

(a) Falsification or a deliberate misstatement in the application for any license, any renewal license, or any license transfer;

(b) Engaging in continued noncompliance or repeat violations of provisions outlined in section (3) of this rule;

(d) Failure to correct deficiencies found during an inspection or investigation or any other violations; or

(e) Any other reason allowed or required by law.

History

Statutory/Other Authority: ORS 609.415, 561 & 596
Statutes/Other Implemented: ORS 609.415 & 609.420
DOA 10-2024, amend filed 05/24/2024, effective 05/24/2024
DOA 20-2023, amend filed 05/11/2023, effective 05/15/2023
DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020

Or. Admin. R. 603-015-0090 Record keeping

(1) A record of each animal shall be maintained by the animal rescue entity for the entire time that the animal rescue has legal custody of the animal and for a minimum period of 12 months after date of disposition or transfer of legal custody of the animal.

(2) The record kept by the animal rescue entity shall include:

(a) The date the animal rescue entity obtained legal custody of the animal

(b) The source of the animal including name, street address, and telephone number of the person or entity from whom the animal was obtained;

(c) A description of the animal’s appearance and characteristics at intake including all unique identification, present age, sex, species, breed type, weight, and condition of animal;

(d) A photograph of the animal taken within 24 hours of intake;

(e) If applicable, the number of offspring the animal produced while in the legal custody of the animal rescue entity;

(f) Each location where the animal was held while in the legal custody of the animal rescue entity, including the date(s) the animal was held at the location, the physical address of the location, and the name and telephone number of the person or entity responsible for that location.

(g) If applicable, the manner of disposition of the animal including transfer of legal custody to another animal rescue entity or organization, date of disposition, the name, address, and telephone number for any person or entity taking legal custody of an animal;

(h) A record with the animal’s microchip or other unique identification;

(i) If applicable, all medications and treatments administered while the animal is in the legal custody of the animal rescue entity, including type, amount, and date of medication administered; and

(j) If applicable, copies of certificates of veterinary inspection, proof of rabies vaccination, and other required documents demonstrating proof that imported animals from out-of-state or from an international source have met Oregon import requirements as per pertinent provisions in ORS chapter 596 and OAR chapter 603, division 011.

History

Statutory/Other Authority: ORS 609.415, 561 & 596
Statutes/Other Implemented: ORS 609.415 & 609.420
DOA 20-2023, amend filed 05/11/2023, effective 05/15/2023
DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020

Or. Admin. R. 603-015-0095 Investigations

(1) The purpose of an investigation under this rule is to determine whether the animal rescue entity is subject to or in compliance with the requirements of ORS 609.415 and OAR 603-015-0075 to OAR 603-015-0110.

(2) The Department may conduct an inspection of an animal rescue entity at any time during normal business hours. ORS 561.275. The Department may request any reports, information, or records from the animal rescue entity.

(3) An animal rescue entity shall allow the Department to inspect reports, information, or records of the animal rescue entity upon request and shall furnish any reports, information, or records requested by the Department. The Department may issue subpoenas to require the production of reports, information, or records. ORS 561.279.

(4) The Department may seek and obtain a warrant to conduct an investigation or inspection or obtain reports, information, or records under this rule.

(5) When conducting an investigation or inspection pursuant to this rule, the Department may seize any evidence or report any other violations that it observes or otherwise discovers.

History

Statutory/Other Authority: ORS 609.415, 561 & 596
Statutes/Other Implemented: ORS 609.415 & 609.420
DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020

Or. Admin. R. 603-015-0100 Enforcement Actions

(1) The Department may take the following enforcement actions against an animal rescue entity, either individually or in combination, and in any order whatsoever:

(a) Issue a notice of violation for any violations under OAR 603-015-0075 to OAR 603-015-0110. Each animal involved and each day of a violation constitutes a separate violation. A plan of correction will accompany a notice of violation. A plan of correction will include the following:

(A) A statement of the actions that must be taken by the animal rescue entity to eliminate the violation.

(B) Requirements for the animal rescue entity to report the completion of specific actions.

(C) A reasonable period of time by which compliance is to be achieved not to exceed 30 business days after service of the notice of violation, or if the violation requires more than 30 days to correct, a period of time contained in a plan of correction acceptable to the Department. If compliance is not achieved within the specified time frame, additional regulatory action may be taken by the Department including but not limited to license revocation, impoundment of animals, a civil penalty, or additional civil penalties.

(b) Refuse to issue or renew, suspend, or revoke an animal rescue entity’s license.

(c) Issue an order impounding animals. A violation may result in impoundment of any or all animals kept, housed, or maintained under the animal rescue entity’s legal custody. Impoundment costs incurred by the Department will be charged to the animal rescue entity. The location and manner of impoundment will be at the discretion of the Department.

(d) Issue a civil penalty for each violation.

(e) Take any other enforcement action allowed by law.

(2) The following orders are contested case orders: a notice of violation; a refusal to issue or renew, suspend, or revoke an animal rescue entity’s license; and a notice of imposition of civil penalty. These orders shall comply with ORS 183.415 and other applicable provisions of the Oregon Administrative Procedures Act and its implementing regulations and any other Department laws or regulations relating to such orders. An animal rescue entity shall have the right to judicial review of such orders pursuant to ORS 183.482.

(3) An impoundment order is an order in other than contested case. An animal rescue entity shall have the right to judicial review of an impoundment order pursuant to ORS 183.484.

(4) At the discretion of the director, the Department may settle cases when circumstances deem it appropriate.

History

Statutory/Other Authority: ORS 609.415, 561 & 596
Statutes/Other Implemented: ORS 609.415 & 609.420
DOA 20-2023, amend filed 05/11/2023, effective 05/15/2023
DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020

Or. Admin. R. 603-015-0105 Assessing a Civil Penalty

(1) In assessing a civil penalty, the Department shall assess a civil penalty of not more than $500 for each violation against an animal rescue entity for failure to comply with the provisions of ORS 609.415 and OAR 603-015-0075 to OAR 603-015-0110.

(2) In determining the amount of a civil penalty to be assessed for a violation, the Department shall consider the degree and extent of harm or risk of harm caused by the violation including factors such as record of previous violations, and the size of the animal rescue entity. The following violation matrix shall be used to determine the base penalty, “B,” in the formula set forth in OAR 603-015-0110:

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 609.415, 561 & 596
Statutes/Other Implemented: ORS 609.415 & 609.420
DOA 20-2023, amend filed 05/11/2023, effective 05/15/2023
DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020

Or. Admin. R. 603-015-0110 Civil Penalty Determination Formula

The Department will use the following formula to calculate the civil penalty assessed: B + [ (0.1 X B) (P + S)], where:

(1) B = Base penalty from matrix: Category 1 = $250; Category 2 = $150; Category 3 = $75.

(2) P = Past occurrence of violations within the past 5 years. P will be weighted from 0 to 6 in the following manner: 0 = No prior violations or insufficient evidence on which to base a finding; 1 = Past occurrence of one Category 3 violation; 2 = Past occurrence of one Category 2 violation or two Category 3 violations; 3 = Past occurrence of one Category 1 violation, two Category 2 violations, or three Category 3 violations; 4 = Past occurrence of two Category 1 violations, three Category 2 violations, or four Category 3 violations; 5 = Past occurrence of three Category 1 violations, four Category 2 violations, or five or more Category 3 violations; 6 = Past occurrence of more than three Category 1 violations or five or more Category 2 violations.

(3) S = Size of rescue entity, the number of animals in the entity’s legal custody. S will be weighted from 0 to 4 in the following manner: 0 = Small rescue entity (25 or fewer animals); 2 = Medium rescue entity (26 to 100 animals); 4 = Large rescue entity (greater than 100 animals).

History

Statutory/Other Authority: ORS 609.415, 561 & 596
Statutes/Other Implemented: ORS 609.415 & 609.420
DOA 20-2023, amend filed 05/11/2023, effective 05/15/2023
DOA 19-2020, adopt filed 12/01/2020, effective 12/01/2020

Or. Admin. R. 603-015-0500 Definitions

As used in ORS 609.335(3) and in OAR 603-011-0705 to 603-011-0725, unless the context requires otherwise:

(1) "Exotic animal" has the meaning given by ORS 609.305.

(2) "Facility" means the cage(s), compound(s), room(s), building(s), or other premises specified in a Permit in which the exotic animal(s) is/are to be confined or maintained.

(3) "Keep" does not include the temporary holding of an exotic animal at an animal shelter operated by a city or county, or the immediate transportation of an abandoned, neglected or abused exotic animal to such a Facility.

(4) "Permit" means a document issued by the Department which authorizes (subject to other laws) the Permittee to keep one or more specified exotic animals in captivity at a Facility for a stated period of time.

(5) "Permittee" means the person authorized by a Permit to keep an identified species of exotic animal.

(6) "Species" means the class of an exotic feline, non-human primate, exotic canine,or any exotic bear or any crocodilian.

(7) “Hybrid” means any animal that is produced by crossing at least one exotic animal with any other species of subspecies.

(8) “Domestic animal” means domestic cat (Felis catus), domestic dog (Canis familiaris) and does not include livestock as defined in ORS 607.125

History

Statutory/Other Authority: ORS 561 & 609
Statutes/Other Implemented: 609.335 & ORS 609.305
DOA 39-2023, renumbered from 603-011-0700, filed 10/31/2023, effective 10/31/2023
DOA 8-2010, f. & cert. ef. 2-10-10
DOA 30-2000, f. & cert. ef. 11-6-00
DOA 8-1998, f. & cert. ef. 9-14-98
Reverted to AD 9-1986, f. & ef. 5-27-86
AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98
AD 9-1986, f. & ef. 5-27-86

Or. Admin. R. 603-015-0505 Hybrid Crossed Animals

For the purposes of OAR 603-011-0705–603-011-0725, any hybrid animal that is produced by crossing a domestic animal and an exotic animal shall be regulated according to the laws governing domestic animals and not subject to exotic animal permit by the Department.

History

Statutory/Other Authority: ORS 561 & 609
Statutes/Other Implemented: 609.335 & ORS 609.305
DOA 39-2023, renumbered from 603-011-0701, filed 10/31/2023, effective 10/31/2023
DOA 8-2010, f. & cert. ef. 2-10-10

Or. Admin. R. 603-015-0510 Permit Application, Issuance, and Renewal

(1) A person intending to keep an exotic animal in captivity shall before acquiring the animal, apply to the Department for the issuance of a Permit by submitting an application therefore to the Animal Health Division of the Department at its address of Agriculture Building, 635 Capitol Street N.E., Salem, OR 97301, accompanied by a permit fee. Holders of a valid license or registration from the U.S. Department of Agriculture under the federal Animal Welfare Act of 1970, or holders of a valid permit from the Oregon Department of Fish and Wildlife to operate a wildlife rehabilitation facility are not subject to OAR 603-011-0700 through 603-011-0725, including the requirement to obtain a Permit from the Department. Permit fees shall be:

(a) $100 for Class 1 and 2 felines, Class 1 and 2 primates, bears and Class 1 canines;

(b) $75 for crocodilians;

(2) Before the stated date of expiration of a Permit, the holder of the Permit may apply to the Department for a renewal thereof for an additional term of up to two years from the stated expiration date, and thereafter for additional two-year renewals of the permit. Notwithstanding the term of the Permit, the Department may modify in writing the conditions and/or limitations of the Permit at any time. Renewal fees shall be:

(a) $100 for Class 1 felines, Class 1 primates and bears.

(b) $50 for crocodilians.

(3) An application for a Permit shall be on a form prescribed by the Department, shall be signed by the Permittee, and shall include:

(a) The name, address and telephone number of the Permittee, and the owner of the animal(s) if different than the Permittee;

(b) The specific location and nature of the proposed Facility. If the real property containing the proposed Facility is leased, the application shall also include the name and written consent of the owner to the keeping of the exotic animals on the property. For Class 1 and 2 exotic felines, Class 1 and 2 non-human primates, bears, and Class 1 exotic canines the application shall include a sketch map of the premises owned or leased by the Permittee with dimensions of the real property and description of all adjacent properties;

(d) A certification by the Permittee that all federal, state, county and city permitting requirements have been met, including copies of each relevant permit;

(e) The name, address and telephone number of the veterinarian intended to provide medical care for the exotic animal(s);

(f) The documented experience, training and education of the Permittee relating to the care and keeping of the particular species of exotic animal(s) for which application is being made;

(g) A written plan for nutrition, health maintenance, and general welfare of the animal which has been prepared by or approved by an authoritative reference person. Such approval or plan shall include the name, title, position, qualification, address and telephone number of the reference person. The plan will be reviewed by the Department prior to approval; and

(h) The date upon which the proposed Facility will be available for inspection by the Department, which shall be not less than 7 days prior to the time the exotic animal(s) is/are kept at the proposed Facility.

(4) The Department shall review the permit application and in determining whether to issue or renew the Permit shall consider factors relating to public safety and health, welfare and safety of the animal. Such factors include but are not limited to:

(a) Proximity of the Facility to public routes of travel, residential neighborhoods, schools, and other public gathering places;

(b) Potential for unintended or accidental public access to the Facility;

(d) Potential for willful harassment or disturbance of the animal(s).

(e) Whether, based on the Permittee's certification and any other evidence received by the Department in connection with the proposed Facility, all federal, state, county and city laws applicable to the Facility have been met.

(5) The Department shall conduct an interview with the Permittee to determine if the Permittee is likely to be able to keep the exotic animal(s) so as to assure the health, welfare and safety of the animal(s) and the security of the proposed Facility so as to avoid undue risk to the public. In determining whether to issue or renew the Permit, the Department shall also consider whether:

(a) The Permittee has adequate knowledge, experience and training to maintain the health, welfare and safety of the animal(s), and to handle the animal(s) with safety and competence. This will include review of the written plan for nutrition and health maintenance and consideration for the needs of infant animal(s). Approval of permits for Class 1 & 2 exotic felines, Class 1 non-human primates, and bears shall require a minimum of 500 hours of hands-on experience including nutrition, feed preparation, safe handling, transportation, and general welfare and maintenance of the animal type involved or of other species of exotic felines, non-human primates, or bears. Fewer hours of hands-on-experience are required for permitting other classes or species. At least one-half of such experience must be with animals of the classification for which the permit is sought. Such experience may be documented by a log book, employment records, or other means by which experience may be authenticated; and

(b) The Facility is adequately designed, constructed, and is likely to be managed to protect the public from escape of the confined animal(s) including when the Permittee is not on the premises.

(6) Before issuing a Permit the Department may perform an inspection of the Facility to determine its design, construction and proposed operation is consistent with the applicable provisions of OAR 603-011-0700 to 603-011-0725 and ORS 609.309.

(7) Following its review of the application and any other relevant information, the Department shall either issue the Permit or deny the application and notify the applicant. If the Department issues the Permit, it may include any conditions intended to ensure the health, welfare and safety of the animal(s) covered by the Permit and, where the Department finds it necessary, conditions intended to assure the security of the Facility so as to avoid undue risk to the public. Such conditions may include limitations on the number of animals that can be kept at the Facility.

History

Statutory/Other Authority: ORS 561 & 609
Statutes/Other Implemented: ORS 609.205 - 609.335
DOA 39-2023, renumbered from 603-011-0705, filed 10/31/2023, effective 10/31/2023
DOA 8-2010, f. & cert. ef. 2-10-10
DOA 30-2000, f. & cert. ef. 11-6-00
DOA 8-1998, f. & cert. ef. 9-14-98
Reverted to AD 9-1986, f. & ef. 5-27-86
AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98
AD 9-1986, f. & ef. 5-27-86

Or. Admin. R. 603-015-0515 Crocodilians — Special Requirements

(1) Animal Classification:

(a) Exotic crocodilians include all individuals of the order Crocodylia including but not limited to American Alligators and Crocodile Hybrids.

(2) Inside enclosure: The indoor enclosure should be constructed in such a way as to prevent escape of the animal. Latching clips and/or locks are required on doors and windows that open. The lid to the enclosure shall be well ventilated and may be covered with wire mesh, appropriate to the size of the animal, to prevent its escape. The enclosure area shall consist of a dry area and a water area. Both areas must be easily accessible by the animal. The area of the enclosure must be large enough such that the animal can turn around without its body touching any side and can perch its entire body on dry surface. The depth of the water shall be enough to fully submerge the animal. The temperature on the dry surface in the enclosure must be maintained between 75–90 degrees F. Ambient air temperature shall be kept between 75 to 90 degrees F. The water temperature must be maintained between 75–85 degrees F at all times.

(3) Outside enclosure: Crocodilians may be kept outside if weather conditions and ambient temperatures meet minimum temperatures as described for indoor enclosures, otherwise may only be outside during exercise regiment. When transporting the animal to and from outside it is required that the animal be carried in a secure portable container that encloses the animal completely. Fencing for outside enclosures must be of sufficient strength and height to prevent escape of the animal. Bottom of the fence must also be secure enough to prevent escape of the animal. Fencing must also prevent unauthorized persons and animals from entering the enclosure.

(4) Feeding: Owners must demonstrate knowledge of crocodilian nutrition. Exotic crocodilians must be fed a balanced diet sufficient to their needs but such food items may not include live animals.

(5) No exotic crocodilian may be restrained by a harness or muzzle as primary means of confinement.

(6) Security: In order to provide for the safety of the public, exotic crocodilians shall be handled in accordance with the following:

(a) All outside enclosures for exotic crocodilians shall be kept separate from the public in a way that prevents contact with animals or persons outside the enclosure.

(b) Exotic crocodilians shall be confined within their enclosures (inside and/or outside) and only allowed outside them for medical treatment or for removal to another approved facility. When being transported, the animal must be secured in a portable container within the vehicle.

(7) Sanitation: Excreta, uneaten food and any type of algae or debris shall be removed from enclosures (including the water pond) as often as necessary to prevent contamination of the food or water, reduce disease hazards and reduce odors.

History

Statutory/Other Authority: ORS 561 & 609
Statutes/Other Implemented: 609.335 & ORS 609.305
DOA 39-2023, renumbered from 603-011-0706, filed 10/31/2023, effective 10/31/2023
DOA 8-2010, f. & cert. ef. 2-10-10

Or. Admin. R. 603-015-0520 Felines — Special Requirements

(1) Animal Classification:

(a) Class 1 exotic felines shall include all individuals of the genus Panthera, including lions, tigers, leopards, snow leopards, jaguars; ligers or any other hybrids of genus Panthera; and individuals of any other non-indigenous feline species not listed in Class 1 or Class 2 that weigh 100 pounds or more when fully mature;

(b) Class 2 exotic felines shall include cheetahs, clouded leopards, and individuals of any other non-indigenous felines not listed in Class 3 that weigh more than 50 pounds but less than 100 pounds when fully mature; and

(c) Class 3 exotic felines shall include wild cat, jungle cat, desert cat, sand cat, black-footed cat, Pallas’s cat, caracal, serval, marbled cat, golden cat, leopard cat, rusty-spotted cat, fishing cat, flat-headed cat, iriomote cat, pampas cat, ocelot, margay, Geoffroy’s cat, kodkod, mountain cat, jaguarundi, caucasus cat, and other such species of small exotic cats that weigh 50 pounds or less when fully mature.

(2) Any Facility for Class 1 and Class 2 exotic felines shall comply with one or more of the following:

(a) Outdoor Facilities — Cages: If exotic felines are maintained in cages, the cage shall include adequate-size loafing shelves, den boxes, and shelter(s) from adverse weather conditions, and shall provide sufficient space for the animals to make normal postural and social adjustments with freedom of movement. Provisions for shade shall be made so that shade is available somewhere in the cage during all daylight hours, preferably over the den box, loafing shelves, or shelter. The floor of the cage shall not be constructed of wood or uncovered wire materials. Floors of chain link or woven wire must be covered a minimum depth of four inches with dirt, pea gravel, and/or sand. Excepting concrete slab floors, a strip of 14 gauge or heavier chain link fencing extending to the interior of the cage at least two feet and to the exterior of the cage at least one foot shall be laid around the perimeter, shall be buried to a minimum depth of four inches, and shall be securely attached to the bottom retaining rail. Concrete slab floors must incorporate the chain link fencing into the concrete slab or otherwise be firmly anchored. Aluminum wire is not acceptable for use in anchoring the chain link fencing. The cage shall include a suitable drainage system for the rapid elimination of excess water. The top of the cage shall be securely covered. There shall be a double-gate safety entrance installed in each cage which will not reduce the required minimum size of the cage. A ground-level retaining rail, or equivalent barrier, shall be provided around each cage. The cage shall be securely locked except during cleaning. The structure shall be designed and constructed so as to prevent escape by the animal(s) or entrance by the public, and shall be located consistent with any applicable local setback requirements but in any case no closer than six feet from the nearest public access or the nearest property line unless an impervious wall on the property line is used as a wall of the primary enclosure.

(A) The cage for Class 1 exotic felines shall be constructed of at least 9-gauge chain link fencing or equivalent. The cage of an individual animal shall be minimally six feet in height, 400 square feet area (800 square feet area for a pair of animals), and be securely covered.

(B) The cage for Class 2 animals shall be constructed of at least 14-gauge chain link fencing or equivalent, having not more than 2 x 4-inch openings. The cage for an individual animal shall be minimally six feet in height, 200 square feet area (400 square feet for a pair of animals), and be securely covered.

(b) Outdoor Facilities — Range Areas: If exotic felines are maintained in large areas simulating natural surroundings of a park-like nature, the areas need not be roofed, but shall have perimeter fencing constructed of chain link fencing of a gauge required for the class of exotic felines to be maintained in the area, and of a height required for this class of exotic felines, which fencing shall be topped with an internal overhang of three feet in width so as to prevent the escape by the animal(s). The exterior fencing of the Facility shall be embedded to a depth of at least six inches in either concrete or other material that cannot be destroyed or removed by the exotic felines. The Facility shall include shelters from adverse weather conditions which shall include sufficient space for the animals to make normal postural and social adjustments with freedom of movement. Provisions for shade shall be made so that shade is available somewhere in the Facility during all daylight hours.

(c) Indoor Facilities: If exotic felines are maintained in a structure with a solid roof and walls, the Facility shall be designed and constructed so as to prevent the escape of the animal(s). The window openings of the Facility, other than openings directly to adjacent cages, shall be covered with wire mesh or gratings made of the same materials as the cage for the class of exotic felines to be maintained. The Facility shall be adequately ventilated, through the installation and use of windows, vents, doors or air conditioning, so as to minimize drafts, odors and moisture condensation. The Facility shall be sufficiently lighted, either through natural or artificial means, so as to permit thorough inspection and cleaning of the Facility and so as to protect the animal(s) from excessive illumination. The Facility shall be structurally sound and maintained in good repair so as to protect the animal(s) from injury, to keep the animal(s) dry and clean, to contain the animal(s), and to restrict entry of other animals. The Facility shall also be supplied with adequate electrical power, potable water, and equipment for the removal and disposal of animal excreta and debris.

(3) The primary enclosure for Class 3 exotic felines shall be no less than 10 times the area occupied by the animal when standing on four feet.

(4) No exotic feline may be restrained by a tether as primary means of confinement.

(5) Security: In order to provide for the safety of the public, exotic felines shall be handled in accordance with the following:

(a) Cages and outdoor Facilities for Class 1 and 2 exotic felines shall be surrounded by a fence or wall that is of sufficient strength and construction so as to prevent entrance by the public. The fence shall be at least six feet in height and six feet distant from the cage. Impervious walls on the outside perimeter of the property used as wall(s) of the primary enclosure do not require the additional perimeter fence. The area enclosed by the fence or wall required by this section is not part of the Facility for purposes of the confinement area requirement; and

(b) All classes of exotic felines shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. When being transported the animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with, the operator of the vehicle.

(6) Sanitation: Excreta and debris shall be removed from indoor and outdoor Facilities as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors.

(7) The Department may modify or waive the confinement requirements established in sections (2), (3), and (5) of this rule subject to the following:

(a) The animal is determined by the Department to be less than 180 days of age;

(b) The Departments’s approval to modify or waive the requirements must be in writing and must include an expiration date; and

History

Statutory/Other Authority: ORS 561 & 609
Statutes/Other Implemented: ORS 609.205 - 609.335
DOA 39-2023, renumbered from 603-011-0710, filed 10/31/2023, effective 10/31/2023
DOA 8-1998, f. & cert. ef. 9-14-98
Reverted to AD 9-1986, f. & ef. 5-27-86
AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98
AD 9-1986, f. & ef. 5-27-86

Or. Admin. R. 603-015-0525 Bears — Special Requirements

Any Facility for bears shall comply with the following:

(1) Outdoor Facilities — Cages: An area of at least 400 square feet shall be provided for each animal, so as to provide sufficient space for the animal(s) to make postural and social adjustments with freedom of movement. The floor shall be four-inch reinforced concrete, sloped for free drainage, and provided with a drainage grating of adequate strength to prevent removal by a bear. The floor shall be surrounded by a curb of six-inch reinforced concrete, not less than 12 inches in height. Each pen or cage shall be at least six feet in height and be roofed to prevent escape of the bears, and areas of shade shall be provided for the animal(s).

(2) Cage construction: Securely attached to cage, there shall be at least one feed trough, not less than 12 inches in depth with a capacity of not less than three cubic feet; at least one water trough, not less than 18 inches in depth with a capacity of not less than three cubic feet; and at least one den box for each animal, emplaced not less than six inches above floor level of the cage, which provides 15 square feet of floor area and at least 30 inches of inside height, with a floor sloped to provide free drainage. If of frame and mesh construction, the cage shall consist of a support framework, top and sides of steel pipes or beams equivalent in strength to 1-1/2 inch steel pipe, securely welded, bolted or threaded together, with framework members at intervals of no more than five feet. The wire mesh covering shall be five-gauge chain link fencing or equivalent, securely bolted together and to the framework. If a bar-type construction, the cage shall consist of steel pipes or bars equivalent in strength to 3/4-inch steel pipe, spaced at intervals not to exceed six inches, supported at intervals not to exceed 36 inches with 3/8 x 2-inch steel bars drilled to receive the vertical boards at the support intervals, with all joints or points of meeting securely bolted or welded at the top and sides. The skirt of the cage shall be embedded in a concrete curb to a depth of not less than six inches.

(3) Security: In order to provide for the safety of the public, bears shall be handled in accordance with the following:

(a) A gate to the main cage shall be installed and constructed so as to provide strength equivalent to the rest of the cage, and the hinges and fasteners shall be adequate to provide strength equivalent to the rest of the cage;

(b) The animal(s) shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. The animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with the operator of, the vehicle; and

(c) The cage shall be securely padlocked except during cleaning. An additional fence of sturdy construction, not less than six feet in height and not less than six feet removed from the cage shall be erected and maintained. Impervious walls on the outside perimeter of the property used as wall(s) of the primary enclosure do not require the additional fence. No person except the keeper of the bears shall be allowed to approach the cage beyond this fence.

(4) Sanitation: Excreta and debris shall be removed from the facilities as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors.

(5) The Department may modify or waive the confinement requirements established in sections (1), (2), and (3) of this rule subject to the following:

(a) The animal is determined by the Department to be less than 180 days of age;

(b) The Department’s approval to modify or waive the requirements must be in writing and must include an expiration date; and

History

Statutory/Other Authority: ORS 561 & 609
Statutes/Other Implemented: ORS 609.305 - 609.335
DOA 39-2023, renumbered from 603-011-0715, filed 10/31/2023, effective 10/31/2023
DOA 30-2000, f. & cert. ef. 11-6-00
DOA 8-1998, f. & cert. ef. 9-14-98
Reverted to AD 9-1986, f. & ef. 5-27-86
AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98
AD 9-1986, f. & ef. 5-27-86

Or. Admin. R. 603-015-0530 Non-Human Primates — Special Requirements

(1) Animal Classification:

(a) Class 1 non-human primates shall be all great apes and larger primates of infraorder Catarrhini, including but not limited to gorillas, chimpanzees, orangutans, baboons, and gibbons;

(b) Class 2 non-human primates shall be all old-world monkeys of infraorder Catarrhini, including but not limited to macaques of all subclassifications (pig-tailed, rhesus, Japanese, cynomolgus, crab-eating, long-tailed, java, Barbary, and any other macaques), all guenons (African Green monkey grouping), patas monkeys, and mangabeys; and

(c) Class 3 non-human primates shall include all old-world primates of the suborder Prosimii (prosimians) and all new-world monkeys of infraorder Platyrhini, including but not limited to squirrel monkeys and all other Saimiri species, spider monkeys and all other Ateles species, capuchins and all other Cebus species, marmosets and tamarinds of all subclassifications, owl monkeys, howler monkeys, and wooley monkeys.

(2) Any Facility for Class 1 non-human primates shall comply with the following provisions for Outdoor Facilities. The cage shall include sufficient shade areas so as to protect the animal(s) from direct sunrays; provide the animal(s) with access to shelter which will allow the animal(s) to remain dry and comfortable during inclement weather; include a suitable drainage system for the rapid elimination of excess water; provide sufficient space for the animal(s) to make normal postural and social adjustments; include apparatus for normal behavioral activities, and have a minimum floor space equal to 10 times the area occupied by each animal when it is standing on four feet. Any indoor Facility for Class 1 non-human primates shall be in compliance with the caging requirements stipulated in (5)(b) below. Outdoor facilities for Class 2 non-human primates are optional, but if provided must meet the specifications of this section.

(3) Any Facility for Class 1 and Class 2 non-human primates shall comply with the following provisions for Indoor Facilities: The indoor facilities shall be heated so as to protect the animal(s) from cold, with an ambient temperature of not less than 50°F; be adequately ventilated through the installation and use of windows, vents, doors, or air conditioning, so as to minimize drafts, odors, and moisture condensation, and have auxiliary ventilation provided when the ambient temperature exceeds 85°F; be sufficiently lighted, through either natural or artificial means, so as to permit thorough inspection and cleaning of the facilities and so as to protect the non-human primate from excessive illumination; be structurally sound and maintained in good repair, so as to protect the animal(s) from injury and to keep the animal(s) dry and clean, to contain the animal(s), and to restrict entry of other animal(s); to be supplied with adequate electrical power, potable water; and to have disposal facilities for the sanitary removal and disposal of animal waste, bedding, dead animals, and debris. Any indoor Facility for Class 1 non-human primates shall be in compliance with the primary caging space requirements as stipulated in (5)(b) below. Any indoor Facility for Class 2 non-human primates shall be in compliance with the caging requirements as stipulated in (5)(c) below.

(4) The primary enclosure for Class 3 non-human primates shall be in compliance with requirements as stipulated in (5)(c) below.

(5) Security:

(a) In order to provide reasonable precautions for the safety to the public, all classes of non-human primates shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. When being transported, the animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with the operation of, the vehicle;

(b) Minimum caging space for Class 1 non-human primates shall be: up to 44 lbs., floor space 10 sq. feet, minimal height 55 in.; from 45 to 77 lbs, floor space 15 sq. feet, minimal height 60 in.; more than 78 lbs, floor space 25 sq. feet, minimal height 84 in.;

(c) Minimum caging space for Class 2 and 3 non-human primates shall be: up to 2.2 lbs, floor space 1.6 sq. feet, minimal height 20 in.; from 2.3 to 6.6 lbs., floor space 3.0 sq. feet, minimal height 30 in.; from 6.7 to 22 lbs, floor space 4.3 sq. feet, minimal height 30 in.; from 23 to 33 lbs., floor space 6.0 sq. feet, minimal height 32 in.; from 34–55 lbs., floor space 8.0 sq. feet, minimal height 36 in.; from 56–66 lbs., floor space 10.0 sq. feet, minimal height 46 in.; more than 67 lbs., floor space 15.0 sq. feet, minimal height 46 in.

(6) No non-human primate may be restrained by a tether as primary means of confinement.

(7) Sanitation: Excreta and debris shall be removed from the facilities as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors.

(8) The Department may modify or waive the confinement requirements established in sections (2), (3), (4), and (5) of this rule subject to the following:

(a) The animal is determined by the Department to be less than 180 days of age;

(b) The Department’s approval to modify or waive the requirements must be in writing and must include an expiration date; and

History

Statutory/Other Authority: ORS 561 & 609
Statutes/Other Implemented: ORS 609.205 - 609.335
DOA 39-2023, renumbered from 603-011-0720, filed 10/31/2023, effective 10/31/2023
DOA 8-1998, f. & cert. ef. 9-14-98
Reverted to AD 9-1986, f. & ef. 5-27-86
AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98
AD 9-1986, f. & ef. 5-27-86

Or. Admin. R. 603-015-0535 Exotic Canines — Special Requirements

(1) Animal Classification:

(a) Class 1 exotic canines shall include any non-indigenous, non wolf canine whose weight is 50 pounds or more; and

(b) Class 2 exotic canines shall include all non-indigenous canines whose weight is less than 50 pounds.

(2) Any Facility for Class 1 exotic canines shall comply with the following:

(a) Outdoor and Indoor Facilities: Outdoor and indoor facilities shall be constructed and maintained so as to provide sufficient space for each animal to make normal postural and social adjustments with freedom of movement; to keep the animals(s) clean, dry, and safe from injury; and to provide the animal(s) ready access to clean water and wholesome food. All outdoor pens shall have an exterior fence of such height and construction so as to prevent the animal(s) within to surmount it, and to prevent entry of the public;

(b) Security: In order to provide reasonable precautions for the safety of the public, all classes of exotic canines shall be confined inside the permitted Facility and shall only be allowed outside the Facility for medical treatment or for removal to another approved Facility. When being transported the animal(s) shall be restrained inside a cage within the vehicle so as to prevent escape from, or interference with the operator of the vehicle;

(c) All exotic canines that are held within a single enclosure shall be selected so as to be compatible with each other and shall not be housed near other animals whose presence may cause them stress or other discomfort; and

(d) Sanitation: Excreta and debris shall be removed from the Facility as often as necessary to prevent contamination of the food or water supplies, reduce disease hazards, and reduce odors.

(3) The primary enclosure or caging for Class 2 exotic canines shall be no less than 10 times the area occupied by the animal when standing on four feet.

(4) No exotic canine may be restrained by a tether as primary means of confinement.

(5) The Department may modify or waive the confinement requirements established in sections (2) and (3) of this rule subject to the following:

(a) The animal is determined by the Department to be less than 180 days of age;

(b) The Department's approval to modify or waive the requirements must be in writing and must include an expiration date; and

History

Statutory/Other Authority: ORS 561 & 609
Statutes/Other Implemented: ORS 609.205 - 609.335
DOA 39-2023, renumbered from 603-011-0725, filed 10/31/2023, effective 10/31/2023
DOA 8-2010, f. & cert. ef. 2-10-10
DOA 30-2000, f. & cert. ef. 11-6-00
DOA 8-1998, f. & cert. ef. 9-14-98
Reverted to AD 9-1986, f. & ef. 5-27-86
AD 18-1997(Temp), f. & cert. ef. 12-8-97 thru 6-5-98
AD 9-1986, f. & ef. 5-27-86

Division 17 REFRIGERATED LOCKERS

Or. Admin. R. 603-017-0010 Statement of Purpose

Pursuant to authority vested in the Department of Agriculture under ORS 628.350, the following rules and regulation for the purpose of OAR 603-025-0020 to 603-025-0050 are for the purpose of regulating and licensing the operation of refrigerated locker plants.

History

Statutory/Other Authority: ORS 628
Statutes/Other Implemented: ORS 628.350
AD 286, f. 7-9-47, ef. 7-10-47

Or. Admin. R. 603-017-0020 Recording Thermometer

Recording thermometer shall be of the electric self-starting type enclosed in a moisture-proof case, permanently fastened to the substantial wall in vestibule or waiting room, five feet from the floor so that the recording chart is visible at all times. Instrument must be kept locked at all times except for changing the dial, inking, or repairing.

History

Statutory/Other Authority: ORS 628
Statutes/Other Implemented: ORS 628.350
AD 286, f. 7-9-47, ef. 7-10-47

Or. Admin. R. 603-017-0030 Sensitive Bulb

The sensitive bulb shall be located in the locker room not less than eight feet from any door or blower, not less than 15 inches from any wall, not less than 30 inches from any plates or coils, and at least 12 inches from the ceiling. The bulb shall not be directly in front of any door or blower.

History

Statutory/Other Authority: ORS 628
Statutes/Other Implemented: ORS 628.350
AD 286, f. 7-9-47, ef. 7-10-47

Or. Admin. R. 603-017-0040 Chart

The chart shall make one complete revolution in seven days, shall be graduated hourly and daily and must be not less than 10 inches in diameter.

(1) Lowest temperature reading must be on the outer edge of the chart.

(2) Accuracy. Zero shall be within one degree plus or minus.

(3) Charts must be changed each week, properly dated, signed by Plant Manager, and be made available for inspection for at least one year.

History

Statutory/Other Authority: ORS 628
Statutes/Other Implemented: ORS 628.350
AD 286, f. 7-9-47, ef. 7-10-47

Or. Admin. R. 603-017-0050 Chart Rotating Device

Chart rotating device shall be fitted with perforating pins preventing rotation except by means of the electric clock in the case.

History

Statutory/Other Authority: ORS 628
Statutes/Other Implemented: ORS 628.350
AD 286, f. 7-9-47, ef. 7-10-47

Or. Admin. R. 603-017-0100 Refrigerated Locker Plant License Fees and Categories

As provided in ORS 628.220, no person shall engage within this state in business of owning or operating any refrigerated locker plant or offering the services of such plant without having obtained from the department a license for each such place of business. The annual license fees for refrigerated locker plants, as provided for in ORS 628.240, are as follows.

(1) Refrigerated locker plant – yearly fee: $118

(2) Refrigerated locker plant – half yearly fee: $59

History

Statutory/Other Authority: ORS 561, ORS 616 & ORS 628
Statutes/Other Implemented: ORS 616.706, OL 2021, Ch. 564 & ORS 628.240
DOA 9-2022, amend filed 05/12/2022, effective 05/16/2022
DOA 14-2021, amend filed 04/15/2021, effective 05/01/2021
DOA 2-2020, amend filed 02/27/2020, effective 02/28/2020
DOA 6-2018, adopt filed 03/08/2018, effective 03/08/2018

Or. Admin. R. 603-017-0110 New License Fees; Refrigerated Locker Plant License Expiration; Operating without a License

(1) New license payments must be received within 14 calendar days of the department’s initial approval inspection. If a new license payment is not received within 14 calendar days of the initial approval inspection, the establishment will be considered operating without a license.

(2) Each license shall expire on June 30 next following the date of issuance.

(3) The department will collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th calendar day after the license expiration date.

(4) The delinquent renewal penalty shall be 30 percent of the amount of the license fee.

(5) The department will send a notice to all licensees who fail to renew their license by the 30th calendar day after their license expires, that a delinquent renewal penalty will be collected if their license fee is not paid before the 60th calendar day after the license expires.

(6) The department will send a notice to all licensees who have failed to renew their license by the 60th calendar day after their license expires, that a delinquent renewal penalty must be paid in addition to the license fee before the license is renewed.

(7) The department will waive the delinquent renewal penalty if:

(a) The licensee's failure to renew the license prior to the 60th calendar day was caused entirely or in part by a department error or omission; or

(b) The licensee notifies the department in writing prior to the 60th calendar day after the license has expired, that the licensee will not engage in the licensed activity any time during the current license period. However, if the licensee resumes the licensed activity during the current license period, the licensee must pay both the license renewal fee and the delinquent renewal penalty.

(8) The delinquent renewal penalty will be assessed in addition to any other penalty or liability, provided by law, for engaging in an activity licensed by the department without obtaining and maintaining a valid license.

(9) A previously licensed refrigerated locker plant will be considered to be operating without a license if the establishment fails to renew the license by the 90th calendar day after the license expires.

(10) If a refrigerated locker plant fails to obtain a required license, or if a refrigerated locker plant’s required license lapses, the Department may order the closure of such refrigerated locker plant. In ordering the closure of a refrigerated locker plant for failing to obtain a required license or allowing its required license to lapse, the Department shall follow the procedures set forth in OAR 603-025-0520 to 603-025-0535.

History

Statutory/Other Authority: ORS 561, 616 & 628
Statutes/Other Implemented: ORS 561.300, ORS 616.706, ORS 628.230 & ORS 628.240
DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021
DOA 7-2018, adopt filed 03/08/2018, effective 03/08/2018

Or. Admin. R. 603-017-0900 Purpose

History

Statutory/Other Authority: ORS 561.190, 628.350 & 628.995
Statutes/Other Implemented: ORS 628.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-017-0910 Definitions

As used in OAR 603-017-0920 through 603-017-0930, unless otherwise required by the context, the following terms will be construed to mean:

(1) "Department" means the Oregon Department of Agriculture.

(2) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction.

(3) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur.

(4) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences.

(7) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation.

(8) "Violation" means the failure to comply with any requirement of ORS 628.210 to 628.370 or any rule adopted thereunder.

History

Statutory/Other Authority: ORS 561.190, 628.350 & 628.995
Statutes/Other Implemented: ORS 628.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-017-0920 Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190 or 628.990, the Department may impose a civil penalty with respective amounts for:

(1) Owning, operating, or offering the services of any refrigerated locker plant without obtaining a license as explained in ORS 628.220 for each place of business from the Department. Penalty — $5,000 to $10,000.

(2) Failure to conspicuously display the license in the licensed plant at all times pursuant to ORS 628.220. Penalty — $100.

(3) Operating a refrigerated locker business at any address other than the address stated in the application submitted pursuant to ORS 628.230. Penalties:

(a) Minor — $100 to $3,500;

(b) Moderate — $3,501 to $7,000; or

(4) Permitting a person who has a communicable or infectious disease to work in or about any refrigerated locker plant, or to handle any food in connection with the operation of such plant in violation of ORS 628.270(2). Penalty — $500 to $5,000.

(5) Interference with a lawful inspection under authority of ORS 628.280. Penalty — $5,000 to $10,000.

(6) Failure to maintain sanitary and safety requirements of ORS 628.290. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(7) Failure to maintain adequate equipment, temperatures, or records as required in ORS 628.300. Penalty — $500 to $5,000.

(8) Failure to use nontoxic ink or other harmless substance to apply marks directly to meat or other food products as explained in ORS 628.310. Penalty — $100 to $5,000.

(9) Failure to identify any fresh carcass meats with a suitable tag or stamp, and place all meats that have not been previously chilled in a chill room for at least 24 hours before removal to the cutting room as explained in ORS 628.330. Penalty — $100 to $5,000.

(10) Failure to handle fish and wild game consistent with the provisions of ORS 628.340. Penalty — $500 to $5,000.

History

Statutory/Other Authority: ORS 561.190, 628.350 & 628.995
Statutes/Other Implemented: ORS 628.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-017-0930 Penalty Factors; Procedure

(1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 628.995, the Department shall consider the following factors, which are listed in prioritized order:

(a) The immediacy and extent to which the violation threatens the public health or safety.

(b) Any prior violations of statutes, rules or orders pertaining to refrigerated locker plants.

(c) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.

(3) Repeat violations of OAR 603-017-0910 will be assessed as three times the penalty amount in OAR 603-017-0910, not to exceed $10,000.

(4) A civil penalty imposed under this rule will comply with ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the mailing or personal service of the notice of civil penalty.

History

Statutory/Other Authority: ORS 561.190, 628.350 & 628.995
Statutes/Other Implemented: ORS 628.995
DOA 2-2013, f. & cert. ef. 2-7-13

Division 18 RULES FOR EGG-LAYING HENS HOUSED IN CAGES

Or. Admin. R. 603-018-0000 Definitions

For purposes of OAR 603-018-0005 to 603-018-0025:

(1) “Cage-free housing system” means an indoor or outdoor controlled environment for egg-laying hens within which the hens:

(a) may roam unrestricted, other than by external walls;

(b) are provided with enrichments that allow the hens to exhibit natural behavior, including, at a minimum, scratch areas, perches, nest boxes and dust bathing areas; and

(2) “Commercial egg producing farm” means any commercial farm used for the commercial production eggs with an annual egg production flock of more than 3,000 hens.

(3) “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.

(4) “Compliant Eggs” means eggs and egg products including liquid egg which are entirely the product of egg-laying hens that were not confined in a manner violating the standards required by this rule.

(5) "Director" means the Director of the Oregon Department of Agriculture or the Director's authorized deputies or officers.

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

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

(8) “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 egg products or eggs inspected by the United States Department of Agriculture, or by the State Department of Agriculture under a cooperative agreement with the United States Department of Agriculture:

(a) freeze-dried products;

(b) imitation egg products;

(d) dietary foods;

(e) fried no-bake custard mixes;

(f) eggnog mixes;

(g) acidic dressings;

(h) noodles;

(i) milk and egg dips;

(j) cake mixes;

(k) french toast;

(l) balut; and

(m) sandwiches containing eggs or egg products.

(9) “Enclosure” means any structure used to confine an egg-laying hen.

(10) “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.

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

(12) “Multi-Tiered Housing System” means a housing system for hens that provides vertical access to overhead platforms with feeders and drinkers and sufficient overhead platform space for at least 55% of the hens housed at a 1.0 square foot usable floor space per hen rate.

(13) “Non-Compliant Eggs” means eggs and egg products including liquid egg which are entirely or in part the product of hens confined in a manner which violates this rule including confinement in battery and enriched colony cages.

(14) “Official Plant” means a plant located within Oregon that is inspected under the federal act and granted an establishment number with prefix of “G” by the Food Safety Inspection Service (FSIS) of the United States Department of Agriculture (USDA).

(15) "Person" means individuals, corporations, associations, firms, partnerships, limited liability companies (LLCs), and joint stock companies engaged in the business of producing, buying, and selling eggs or egg products excluding individuals receiving the eggs or egg products for non-business-related use such as immediate consumption.

(16) “Usable floor space” means the total square feet of floor space provided to an egg-laying hen, calculated by dividing the total square feet of floor space in an enclosure by the number of egg-laying hens housed inside. Usable floor space;

(a) includes the combined litter and drop-through area including elevated tiers, and covers over belts,

(b) excludes nest space where the kick-out feature is being utilized,

(d) excludes perches and ramps.

History

Statutory/Other Authority: ORS 632.840
Statutes/Other Implemented: ORS 632.835 - 632.849
DOA 30-2022, amend filed 11/29/2022, effective 01/01/2024
DOA 20-2012, f. & cert. ef. 7-3-12

Or. Admin. R. 603-018-0005 Cage-Free Housing System Standards for Egg Laying Hens

(1) It is prohibited to confine egg-laying hens to enclosures including battery cages, enriched colony cages, or other confinement systems that significantly restrict the hen’s ability to stand, roam, perch, scratch, dust-bathe, nest, or otherwise exhibit her natural behaviors on commercial egg producing farms except;

(a) during medical research; or

(b) during an examination, a test, an individual treatment or an operation conducted for veterinary purposes; or

(c) during transportation or depopulation operations, if the confinement does not exceed seven days in any 18-month period; or

(d) during a rodeo exhibition, state or county fair exhibition, 4-H program exhibition or similar exhibition; or

(e) during the slaughter of the egg-laying hen in accordance with applicable laws and rules; or

(f) on a temporary basis for animal husbandry purposes, if the confinement does not exceed six hours in any 24-hour period or exceed 24 hours in any 30-day period.

(2) Egg-laying hens may be confined inside cage-free housing systems designed to facilitate both the care and humane treatment of the hens housed and the harvesting of their eggs on a commercial egg producing farm if the cage-free housing system meets either;

(a) the standards in subsection (3) of this section, or

(b) the commercial egg producing farm has a current cage-free certification covering the egg-laying hen housing systems on the farm issued by either United Egg Producers (Cage Free Certified), American Humane Farm Program (Humane Certified), A Greener World (Animal Welfare Approved), Global Animal Partnership (Animal Welfare Certified), Humane Farm Animal Care (Certified Humane), or other certification program requiring substantially similar animal husbandry practices as those required in subsection (3) of this section where the housing systems meet the usable floor space requirement in subsection (3)(a) of this section, or

(c) the commercial egg producing farm is actively seeking one of the current cage free certifications in sub-section (3)(b) of this section. For example, a commercial egg farm with an active application for cage-free certification which is still pending a successful audit or is pending the correction of audit findings would be considered compliant until certification is denied or there is an absence of further progress towards certification.

(3) Alternative specifications for housing systems used for the care and management of egg-laying hens: These specifications mirror those found in “United Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying Flocks (2017)” in the chapter titled “Guidelines for Cage-Free Housing” and will be used to assess compliance in the event a commercial egg producing farm does not hold a cage-free certification as specified in sub-section 2 of this section.

(a) Usable Floor Space; a minimum of 1.0 square feet of usable floor space per hen in multi-tiered housing systems and a minimum of 1.5 square feet of usable floor space per hen in all other housing systems is required.

(b) Perch space; a minimum of 6 linear inches of perch space is required per hen with a minimum of 20% of the available perch space shall be elevated a minimum of 16 inches above the adjacent floor and one (1) horizontal foot away from the adjacent perches and walls.

(d) Nest Space; a minimum of 9 square feet of nest space per 100 hens is required.

(e) Access to Fresh Food; Feeding systems must be arranged so that hens travel a maximum of 26 feet within the house to reach fresh food with a minimum of 1.5 linear inches feeder access per hen. Each side of a feeder accessible to a hen contributes to the feeder access requirement.

(f) Access to Fresh Water (Drinkers) Requirements: Watering systems must be arranged so that hens travel a maximum of 26 feet within the house to reach fresh water, and there is;

(A) a minimum of 1 bell drinker per 100 hens, or

(B) a minimum of 0.4 inches of perimeter space per hen for circular troughs, or

(D) a minimum of 1 nipple drinker per 10 hens.

(g) Multi-Tier Housing System Specific Requirements;

(A) the vertical distance between tiers, which also includes the floor to the first tier must be between 1.6 and 3.3 feet (measurements taken between the floor or slat area to the underside of the underside of the overhead manure belt), and

(B) the angle of decent between adjacent tiers must not exceed 45 degrees, and

(h) Lighting must be adequate for personnel to carry out their duties inside the housing system without reliance on supplemental lighting such as flashlights or lanterns. Duties include the visual inspection of food, water, and individual hens throughout the housing system.

(i) The housing system shall be designed and operated so that a continuous flow of fresh air is provided for every bird to minimize her exposure to carbon monoxide, ammonia, hydrogen sulfide and dust.

(j) The average ammonia level inside the housing system shall be maintained at 25 ppm or less. The average shall be calculated based on representative measurements obtained throughout the housing system.

(k) The housing system must be maintained to protect the overall health and well-being of the flock housed. Systems designed to provide for food, water, light, ventilation, and the removal of manure shall be maintained in good working order while the housing system is in service and it shall provide adequate protection for the hens from unmonitored visitors, wild birds, predators, rodents, pests, etc.

History

Statutory/Other Authority: ORS 632.840
Statutes/Other Implemented: ORS 632.835 - 632.850
DOA 53-2023, amend filed 12/14/2023, effective 01/01/2024
DOA 30-2022, amend filed 11/29/2022, effective 01/01/2024
DOA 16-2017, amend filed 10/18/2017, effective 10/18/2017
Reverted to DOA 20-2012, f. & cert. ef. 7-3-12
DOA 9-2017(Temp), f. & cert. ef. 3-24-17 thru 9-19-17
DOA 20-2012, f. & cert. ef. 7-3-12

Or. Admin. R. 603-018-0010 Standards for the Production and Distribution of Eggs and Egg Products

(1) A person may not buy, sell, offer to buy or sell, transport or offer to transport, or accept receipt of eggs or egg products that the person knows, or reasonably should know are non-compliant eggs.

(2) Notwithstanding subsection (1) of this section, an official plant may receive non-compliant eggs at the physical location of the plant. All subsequent deliveries of eggs or egg products from the official plant to locations in Oregon shall comply with subsection (1).

(3) This section does not prohibit the transshipment of non-compliant eggs through Oregon provided they either enter the state or originate at an official plant and either exit the state or are delivered to an official plant without further processing or repackaging.

(4) Eggs and egg products distributed in bulk into this state must either be:

(a) certified as compliant eggs on the product packaging, or

(b) accompanied by an invoice or similar product transfer document certifying that all eggs or egg-products delivered are compliant eggs.

NOTE: The design of a compliant egg label is not specified in this rule. Acceptable labels include but are not limited to producer specific cage-free marketing logos, cage-free certification logos authorized by third party certification organizations, etc. provided the certification requirements of the program meet the standards of this rule.

(5) The invoices shall be available during business hours for inspection by the Department of Agriculture. The invoices shall be kept for at least:

(a) One year by the seller; and

(b) 60 days by the purchaser.

(6) Notwithstanding 603-018-0010(5) no invoice is required when eggs are sold to individual consumers or the United States Government.

NOTE: 603-018-0010(6) is included to be consistent with the documentation requirements found in ORS 632.745

History

Statutory/Other Authority: ORS 632.840
Statutes/Other Implemented: ORS 632.835 - 632.850
DOA 53-2023, amend filed 12/14/2023, effective 01/01/2024
DOA 30-2022, amend filed 11/29/2022, effective 01/01/2024
DOA 20-2012, f. & cert. ef. 7-3-12

Or. Admin. R. 603-018-0020 Inspection Authority

(1) As authorized by ORS 632.840(3), the department shall inspect, at reasonable times, commercial egg-laying farms engaged in the production of eggs for the purpose of enforcing the provisions of ORS 632.835 to 632.850. As authorized by ORS 632.840(4), the department may assess and collect the following expenses associated with inspection:

(a) A fee of $106 per hour for inspection time, rounded to the nearest 30 minute interval ($53);

(b) Mileage expense using the prevailing full GSA vehicle mileage rate, if the inspector is not already in the general vicinity of the commercial egg-laying farm as part of their normal business duties and mileage is required for the sole purpose of the commercial egg-laying farm inspection;

(c) The prevailing Oregon meal and lodging per diem rate/expense if overnight travel is required for the sole purpose of the commercial egg-laying farm inspection.

(d) Any biosecurity clothing or supplies, if not supplied by the commercial egg-laying farm being inspected;

(e) Any other expense associated with the inspection of a commercial egg-laying farm that the department deems necessary to carry out the enforcement of ORS 632.835 to 632.850.

(2) Moneys from fees and expenses collected by the department under section 603-018-0020(2) will 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.

(3) The department may obtain a subpoena to require the production of pertinent records related to the administration and enforcement of Oregon Laws 2011 Chapter 436 and rules adopted thereunder.

History

Statutory/Other Authority: ORS 632.840
Statutes/Other Implemented: ORS 632.835 - 632.850
DOA 30-2022, amend filed 11/29/2022, effective 01/01/2024
DOA 16-2017, amend filed 10/18/2017, effective 10/18/2017
Reverted to DOA 20-2012, f. & cert. ef. 7-3-12
DOA 9-2017(Temp), f. & cert. ef. 3-24-17 thru 9-19-17
DOA 20-2012, f. & cert. ef. 7-3-12

Or. Admin. R. 603-018-0025 Enforcement and Civil Penalties Generally

(1) The Director may assess a civil penalty not to exceed $2,500 for each violation of any provision of ORS 632.835 to 632.849 and rules adopted thereunder.

(2) In addition to a civil penalty or any other penalty provided by law, the department is not precluded from utilizing other enforcement alternatives. Enforcement alternatives may include, but are not limited to, letter of advisement, notice of violation, or other non-civil penalty action as authorized by law and as deemed necessary to attain compliance.

(3) Civil penalties are subject to ORS 183.745 and shall be due and payable ten (10) business days after the order becomes final by operation of law or on appeal.

History

Statutory/Other Authority: ORS 632.840
Statutes/Other Implemented: ORS 632.835 - 632.850
DOA 30-2022, amend filed 11/29/2022, effective 01/01/2024
DOA 20-2012, f. & cert. ef. 7-3-12

Division 19 WOLF DEPREDATION COMPENSATION AND FINANCIAL ASSISTANCE GRANT PROGRAM

Or. Admin. R. 603-019-0001 Definitions

As used in 603-019-0001 to 603-019-0030, unless the context requires otherwise:

(1) “Area of known wolf activity” means an area which is designated by ODFW showing where resident wolves and/or packs have become established.

(2) “County program” means a county government wolf depredation compensation and financial assistance program that meets all requirements established under this rule.

(3) “Cow” means any bovine over a year old regardless of sex.

(4) “Cow calf” means any bovine under a year old and under 1,000 pounds.

(5) “Department” means the Oregon Department of Agriculture.

(6) “Depredation” means death or injury to livestock or working dogs attributed to one or more wolves that occurred during the previous calendar year.

(7) “Fair market value” means a value determined using a written county program valuation method that is applied consistently within the county program and is supported by source documentation, which may include local market sale data for comparable class and weight, appraisal documentation, or other verifiable market evidence.

(8) “Livestock” means, ratites, psittacines, horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats, swine, bison, domesticated fowl and any fur-bearing animal bred and maintained commercially, or otherwise, within pens, cages or hutches.

(9) “ODFW” means the Oregon Department of Fish and Wildlife.

(10) “Probable or confirmed loss or injury” means a finding by the ODFW, or a designated agent of ODFW, that wolf depredation was the probable cause of the loss or injury.

(11) “Prevention” means livestock management techniques or nonlethal wolf deterrence techniques during the current grant year to discourage wolf depredation of livestock or working dogs.

(12) “Trust Fund” means the Wolf Management Compensation and Proactive Trust Fund.

(13) “Working dog” means any animal of the species Canis familiaris used to aid in the herding or guarding of livestock.

History

Statutory/Other Authority: ORS 610.150
Statutes/Other Implemented: ORS 610.155 & SB 777 (2025)
DOA 29-2025, amend filed 12/31/2025, effective 12/31/2025
DOA 8-2023, minor correction filed 03/24/2023, effective 03/24/2023
DOA 25-2011, f. & cert. ef. 12-28-11

Or. Admin. R. 603-019-0005 Purpose

The purpose of these rules is to provide criteria and procedures for the implementation and administration of the Wolf Depredation Compensation and Financial Assistance Grant Program. Grant funds may be awarded to a county program for the following purposes:

(1) Compensation to persons who suffer probable or confirmed loss or injury of livestock or working dogs;

(2) Financial assistance to persons who implement livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf-livestock interactions and reduce wolf depredations; and

(3) Expenses associated with up to ninety (90) percent of the cost of implementing a county program, as defined in 603-019-0010(2).

History

Statutory/Other Authority: ORS 610.150
Statutes/Other Implemented: ORS 610.155 & SB 777 (2025)
DOA 29-2025, amend filed 12/31/2025, effective 12/31/2025
DOA 9-2023, minor correction filed 03/24/2023, effective 03/24/2023
DOA 25-2011, f. & cert. ef. 12-28-11

Or. Admin. R. 603-019-0010 Eligible Applicants

Eligible applicants are county governments that have established a county program that meets the following requirements:

(1) Establishment of a county advisory committee to oversee the county program whose membership includes:

(a) One county commissioner;

(b) Two members who own or manage livestock;

(d) Two county business representatives selected by the county advisory committee after it is established to serve as additional county advisory committee members.

(2) The county must agree to contribute an amount of money equal to ten (10) percent of the necessary expenses. Necessary expenses include:

(a) Establishing a county advisory committee;

(b) Establishing a procedure for persons applying for depredation compensation to provide sufficient evidence of probable or confirmed loss or injury to livestock or working dogs including the ODFW (or designated agent) determination and any additional documentation required under the county program;

(c) Establishing a procedure for persons applying for financial assistance for prevention to provide an estimate of potential costs;

(d) Establishing compensation rates for livestock or working dog losses from death or injury attributed to wolf depredation;

(e) Distributing grant program funds;

(f) Advertising for recruiting committee members; and

(g) Preparing and submitting an annual report to the Department.

History

Statutory/Other Authority: ORS 610.150
Statutes/Other Implemented: ORS 610.155 & SB 777 (2025)
DOA 29-2025, amend filed 12/31/2025, effective 12/31/2025
DOA 10-2023, minor correction filed 03/24/2023, effective 03/24/2023
DOA 25-2011, f. & cert. ef. 12-28-11

Or. Admin. R. 603-019-0015 County Program Responsibilities

The county program must:

(1) Prioritize awarding grants to livestock owners and managers experiencing above-normal probable or confirmed death or injury to livestock or working dogs due to wolf depredation.

(2) Determine an amount of depredation compensation for each probable or confirmed loss or injury to livestock or working dogs due to wolf depredation as follows:

(a) Not more than $25,000 per livestock animal or working dog;

(b) Up to five times the fair market value of a cow calf or yearling, sheep, or goat;

(d) The fair market value of a horse, a livestock animal not specifically described in this rule, or a working dog.

(3) Apply the following criteria when determining eligibility for depredation compensation:

(a) Outside an area of known wolf activity, provide compensation regardless of prevention techniques used;

(b) Within an area of known wolf activity, provide compensation only if the owner demonstrates implementation of best management practices to deter wolves, including reasonable use of nonlethal methods when practicable; and

(c) Ensure that compensation is not provided if the person unreasonably or purposefully created conditions that attract wolves or increase the likelihood of conflict between wolves and livestock or working dogs.

History

Statutory/Other Authority: ORS 610.150
Statutes/Other Implemented: ORS 610.155 & SB 777 (2025)
DOA 29-2025, amend filed 12/31/2025, effective 12/31/2025
DOA 11-2023, minor correction filed 03/24/2023, effective 03/24/2023
DOA 25-2011, f. & cert. ef. 12-28-11

Or. Admin. R. 603-019-0020 Application Procedures

(1) Grant application forms will be made available and distributed by the Department.

(2) Each county program shall apply for funding on the Department’s application form, including any necessary attachments.

(3) Applications for grant funds must be submitted to the Department by February 28 of each year. Late submissions may be accepted at the discretion of the Department, consistent with applicable law.

(4) Grant applications may be made for the following purposes:

(a) Compensation for depredation;

(b) Financial assistance for the prevention; and

(c) Up to 90% of the necessary expenses for one calendar year of implementing a county program as described in 603-019-0010.

History

Statutory/Other Authority: ORS 610.150
Statutes/Other Implemented: ORS 610.155 & SB 777 (2025)
DOA 29-2025, amend filed 12/31/2025, effective 12/31/2025
DOA 12-2023, minor correction filed 03/24/2023, effective 03/24/2023
DOA 25-2011, f. & cert. ef. 12-28-11

Or. Admin. R. 603-019-0025 Application Review and Grant Awards

(1) The Department will review each application for completeness, accuracy, and consistency with these rules. Incomplete applications may be returned for correction or completion.

(2) The Department will review grant applications to evaluate the reasonableness of the amount of money requested. The Department may develop and use formulas to allocate available funds among county programs.

(3) After reviewing an application, the Department will make one of the following determinations regarding the county’s grant request.

(a) Approval of the full amount requested;

(b) Approval of a partial amount. In this instance, the Department may elect to fund a portion of grant request;

(d) Denial of request. Applications not meeting the standards established in these rules may be denied. If an application is denied, the Department may identify standards necessary for approval of a future grant application. Applicants whose proposals are denied may reapply in subsequent years.

(4) Trust Fund moneys will be distributed in a balanced manner between payments for depredation compensation and payments for prevention, with not less than 50 percent of Trust Fund moneys distributed for prevention.

(5) Any Trust Fund moneys not allocated by the Department within the current calendar year shall be carried forward in the Trust Fund to the following year.

History

Statutory/Other Authority: ORS 610.150
Statutes/Other Implemented: ORS 610.155 & SB 777 (2025)
DOA 29-2025, amend filed 12/31/2025, effective 12/31/2025
DOA 13-2023, minor correction filed 03/24/2023, effective 03/24/2023
DOA 25-2011, f. & cert. ef. 12-28-11

Or. Admin. R. 603-019-0030 Grant Administration

The Department and the recipient county must enter into a grant agreement that includes but is not limited to the following:

(1) A description of the county program and the work elements for which grant funding is received;

(2) A payment schedule as determined by the Department;

(3) A condition requiring the recipient county to prepare an annual report detailing actions taken, depredation compensation paid, and prevention financial assistance provided under the grant. This report will be due to the Department on August 1 of each year;

(4) A condition allowing the Department to withhold the payment pending resolution of identified deficiencies in grant administration or if the Department finds a report unsatisfactory;

(5) A condition allowing termination of the grant agreement if the county is consistently unable to comply with the terms of the grant agreement or with applicable law;

(6) A condition requiring the recipient county to maintain any and all records necessary to allow the Department to monitor administration of the grant;

(7) A condition specifying that the recipient county and the Department may amend timelines specified in the grant agreement, provided such amendments are in writing and are mutually agreed to;

(8) A condition specifying that any grant moneys disbursed to the recipient county that remain unobligated or unexpended as of the termination date of a grant agreement must be returned to the Department; and

(9) A condition specifying that, as part of its duty to monitor county programs, the Department may audit and review county program grant application documents, subsidiary record documentation, and source documents, including but not limited to, invoices, cost computations by the county or by the county advisory committee, and all other instruments and documents upon which expenditure of grant funding was determined and which the Department determines is necessary to assess compliance with a county program.

History

Statutory/Other Authority: ORS 610.150
Statutes/Other Implemented: ORS 610.155 & SB 777 (2025)
DOA 29-2025, amend filed 12/31/2025, effective 12/31/2025
DOA 14-2023, minor correction filed 03/24/2023, effective 03/24/2023
DOA 25-2011, f. & cert. ef. 12-28-11

Division 20 TAX CREDIT ADMINISTRATION

Or. Admin. R. 603-020-0002 Purpose and Scope

(1) OAR chapter 603, division 20 establishes the procedure and criteria for certifying tax credits under ORS 315.176, ORS 315.184 and ORS 469B.403.

(2) These rules apply to tax years beginning on or after January 1, 2018.

History

Statutory/Other Authority: ORS 315.176
Statutes/Other Implemented: ORS 315.176 & 469B.403
DOA 4-2019, adopt filed 01/29/2019, effective 02/01/2019
DOA 23-2018, temporary adopt filed 08/30/2018, effective 08/30/2018 through 02/25/2019

Or. Admin. R. 603-020-0006 Definitions

For the purposes of OAR chapter 603, division 20 the definitions in ORS 315.176 apply and in addition the following definitions shall apply:

(1) “Applicant” means a bovine manure producer or collector and may include an individual or a legal entity (including but not limited to any domestic or foreign corporation, trust, partnership, cooperative, or limited liability company).

(2) “Bovine manure” means feces or urine as excreted by immature and mature cattle animals produced on Oregon farms. Bovine manure does not include waste feedstock, bedding, or other items associated with the production of bovine manure.

(3) “Collected” means bovine manure produced in Oregon and collected for biofuel production in Oregon. Manure collected for biofuel production does not need to be produced at the same location that it is collected.

(4) “Certificate” means a document issued by the department representing the right to claim a tax credit described in ORS 315.176 for the amount described on the certificate.

(5) “Department” means the Oregon Department of Agriculture.

(6) “Director” means the Director of the department.

(7) “Farm” means a tract of land in Oregon devoted to agricultural purposes.

(8) “Fraud” means an intentional perversion of truth for the purpose of inducing the Department in reliance upon it to provide a tax credit certification.

(9) “Miscalculation” means a mistake in calculation.

(10) “Mistake” means an unintentional act, omission, or error arising from ignorance, surprise, imposition or misplaced confidence. A mistake exists when an applicant, under some erroneous conviction of law or fact, does, or omits to do, some act which, for the erroneous conviction, they would not have done or omitted.

(11) “Misrepresentation” means any manifestation by words or other conduct by an applicant to the Department that under the circumstances, amounts to an assertion not in accordance with the facts.

(12) “Wet ton” means one ton of manure as excreted by the animal.

History

Statutory/Other Authority: ORS 315.176
Statutes/Other Implemented: ORS 315.176 & 469B.403
DOA 4-2019, adopt filed 01/29/2019, effective 02/01/2019
DOA 23-2018, temporary adopt filed 08/30/2018, effective 08/30/2018 through 02/25/2019

Or. Admin. R. 603-020-0011 Applicant Eligibility

To be eligible for certification, the applicant must:

(1) A bovine manure producer that is subject to taxation under ORS 316;

(2) A bovine manure collector that is subject to taxation under ORS 316; or

(3) A corporation that collects bovine manure in Oregon that is used, in Oregon, as biofuel or to produce biofuel and is subject to taxation under ORS 317 or 318.

(4) A tax-exempt entity that collects bovine manure in Oregon that is used, in Oregon, as biofuel or to produce biofuel

History

Statutory/Other Authority: ORS 315.176
Statutes/Other Implemented: ORS 315.176 & 469B.403
DOA 4-2019, adopt filed 01/29/2019, effective 02/01/2019
DOA 23-2018, temporary adopt filed 08/30/2018, effective 08/30/2018 through 02/25/2019

Or. Admin. R. 603-020-0016 Application Process

(1) Applicants requesting a Bovine Manure Tax Credit must apply on the department approved form. The form must include the following information:

(a) The name of the applicant, address, phone number and email; if the applicant is a corporation, the name of the registered agent in Oregon;

(b) The applicant’s federal tax identification number or social security number, which may be shared with the Oregon Department of Revenue to facilitate the administration of state tax law;

(d) The name of the bovine manure collector that received the bovine manure for use of biofuel or to produce biofuel;

(e) The applicant’s certification statement; and

(f) The name, address, email address and telephone number of the responsible party for the applicant.

(2) In addition to the information on the form, the applicant must provide all of the following information related to the amount of wet ton of manure claimed in the application:

(a) Evidence that the bovine manure producer or collector held title to the manure at the time the manure was collected. Evidence of title that may be satisfactory to the department, includes, but is not limited to: contracts, receipts, settlement sheets.

(b) Documentation indicating the origination of the bovine manure, such as the physical address; township, range, section and quarter/quarter section; or other specific geographic indicator.

(c) A summary or settlement sheet for each shipment received by the bovine manure collector. Each summary or settlement sheet must include the following:

(A) The name and address of the bovine manure producer where the bovine manure was produced;

(B) The date of delivery for each shipment of the bovine manure;

(D) The amount of bovine manure delivered in each shipment;

(E) The weight ticket number or a similar unique identifier for each shipment.

(d) All calculations used to convert one measure of the bovine manure to another measure and source references for the calculations and all variables.

(e) An application fee of $100 plus 3.8 percent of the total amount of tax credit.

(f) If bovine manure that is eligible for the tax credit is stored or aggregated with manure that is not eligible for the tax credit after the initial production or collection activities prior to delivery to a biofuel collector, the bovine manure producer or collector must provide detailed records certifying the amount of bovine manure eligible for the tax credit and the source of that manure.

(g) Bovine producers or collectors that produce or collect bovine manure must use the department approved worksheet or the following formula to calculate the amount of eligible manure:

(A) A x B x C / 2000 x percentage of bovine manure that was collected for biofuel or to be used for biofuel production where:

(i) A is equal to the number of 1,000 pound animal units producing manure during the period,

(ii) B is equal to the average animal manure production value from the Natural Resources Conservation Service Agricultural Waste Management Field Handbook Revision 2, March 2008,

(iii) C is equal to the number of days in the reporting period.

(B) The following documentation must be included with the application:

(i) The log of bovine animal numbers and calculation of 1,000-pound animal units: [Number of animals contributing manure, by classification, (conduct a separate calculation for lactating cow, dry cows, heifers, calves)] multiplied by [the average lbs./1,000] = number of 1,000 pound animal units;

(ii) Documentation showing that the manure was used or is to be used as biofuel in Oregon or to produce biofuel in Oregon; and

(iii) A copy of the Oregon Confined Animal Feeding Operation (CAFO) National Pollutant Discharge Elimination System (NPDES) General Permit Summary or Waste Pollution Control Facilities (WPCF) General Permit Summary; and

(iv) The most recent Oregon Confined Animal Feeding Operation (CAFO) National Pollutant Discharge Elimination System (NPDES) General Permit Annual Report or the most recent routine inspection report for Water Pollution Control Facilities (WPCF) permit holders.

(3) The department may require the applicant to provide further information to complete a review of the application and verify compliance with ORS 315.176 and these rules. This information may include, but is not limited to, demonstration that the bovine manure is used in Oregon, as biofuel or to produce biofuel. The department will notify the applicant in writing if additional information is required. If the department does not receive the requested information within 30 calendar days of the date of the notice, the department may deny the application.

(4) If a bovine manure collector requests a tax credit in place of the bovine manure producer, the application must include a signed statement from the bovine manure producer that they are aware the bovine manure collector will be applying for the credit and that the bovine manure producer will not apply for a tax credit for the same unit of bovine manure.

(5) Applications must be received within 60 days following the end of the applicant’s tax quarter for which the bovine manure is produced by the bovine manure producer or collected by the bovine manure collector. Applications received after this date will be returned and any application fee will be fully refunded.

(6) The department may refund up to 75 percent of the application fee if the application is withdrawn prior to review by the department. Only refunds that are $100 or greater will be issued.

(7) The department may require the applicant to pay reasonable costs, not to exceed actual costs, incurred in connection with reviewing the application that exceed the original application fee and which the Director determines are incurred solely in connection with processing the application. The department shall advise the applicant of any additional costs the applicant must pay before the department incurs the costs.

History

Statutory/Other Authority: ORS 315.176
Statutes/Other Implemented: ORS 315.176, 469B.403 & 561.303
DOA 4-2019, adopt filed 01/29/2019, effective 02/01/2019
DOA 23-2018, temporary adopt filed 08/30/2018, effective 08/30/2018 through 02/25/2019

Or. Admin. R. 603-020-0021 Certification and Denial

(1) If the department approves an application, the Director will issue a certificate to the applicant identifying the name of the certificate holder, and the amount of the tax credit certified.

(a) The amount of tax credit certified will be based on the amount of wet ton of bovine manure that was collected for biofuel production or used for biofuel production in Oregon as provided in OAR 603-020-0021(2)(h).

(b) Tax credit certificates will be issued for the tax year the bovine manure that is produced by a bovine manure producer or collected by a bovine manure collector is produced or collected.

(2) The department may adjust the amount of tax credit certified from the applied amount if miscalculations, inconsistencies or errors are found during the technical review.

(3) The department may review the bovine manure origination, production or collection activities, or the operating activities of the bovine manure producer and/or collector . On-site review of the production and/or collection of the bovine manure for the purposes of this tax credit may be completed by the department. The information gathered during a review may be used to determine if the application complies with applicable statutory provisions and rules.

(4) If the department does not approve an application, the Director will provide written notice of denial, including a statement of the findings and reasons for the denial, by first-class mail. The department may deny the application if:

(a) The application does not comply with applicable statutory provisions and rules;

(b) The applicant does not provide information requested by the department within 30 days from date of request;

(c) The application is not eligible for the tax credit, or the department cannot determine the amount of bovine manure that is used as biofuel or produce biofuel; or

(d) The department is unable to determine whether the application complies with applicable statutory provisions and rules based on the information provided by the applicant or gathered during the review process.

(5) The applicant may request reconsideration in writing no later than 30 days after the Director issues a decision denying an application.

History

Statutory/Other Authority: ORS 315.176
Statutes/Other Implemented: ORS 315.176, 469B.403 & 561.275
DOA 4-2019, adopt filed 01/29/2019, effective 02/01/2019
DOA 23-2018, temporary adopt filed 08/30/2018, effective 08/30/2018 through 02/25/2019

Or. Admin. R. 603-020-0026 Tax Credit Cap Exceedance

(1) The department will proportionately reduce the amount of certified credits among all applicants applying for the credit within the tax year to ensure that the certification of tax credits does not exceed $5 million.

(2) If the department proportionately reduces the amount of certified credits among all applicants applying for the credit, the department will adjust the application fee and issue a refund if the difference is greater than $100.

History

Statutory/Other Authority: ORS 315.184
Statutes/Other Implemented: ORS 315.184, 315.184, 469B.403 & 561.190
DOA 4-2019, adopt filed 01/29/2019, effective 02/01/2019
DOA 23-2018, temporary adopt filed 08/30/2018, effective 08/30/2018 through 02/25/2019

Or. Admin. R. 603-020-0031 Suspension, Revocation, or Forfeiture of Tax Credit Approval

(1) The Director may order the suspension, revocation, or forfeiture of the tax credit approval or of a portion of the tax credit approval if the Director determines that:

(a) Approval of a tax credit was obtained by fraud or misrepresentation;

(b) Approval of a tax credit was obtained by mistake or miscalculation; or

(2) The Director shall provide notification of suspension, revocation or forfeiture consistent with ORS Chapter 183, and may allow the opportunity for a contested case hearing if, upon receipt of the notification, the recipient timely files a written request for a contested case hearing within 30 days from the date of service of the notification.

(3) As soon as an order of revocation becomes final, the Director shall notify the Department of Revenue and the person that received the tax credit certification of other approval, of the order.

History

Statutory/Other Authority: ORS 315.184
Statutes/Other Implemented: ORS 315.176, 315.184 & 469B.403
DOA 4-2019, adopt filed 01/29/2019, effective 02/01/2019
DOA 23-2018, temporary adopt filed 08/30/2018, effective 08/30/2018 through 02/25/2019

Division 21 FOOD SAFETY DIVISION — BAKERIES

Or. Admin. R. 603-021-0005 Definitions

In addition to the definitions set forth in ORS Chapter 625, a bakery is subject to the definitions set forth in OAR 603-025-0010.

History

Statutory/Other Authority: ORS 561, 616 & 625
Statutes/Other Implemented: ORS 625.150
AD 5-1988, f. & cert. ef. 5-5-88
AD 1018(8-74), f. 2-14-74, ef. 3-11-74
AD 915(1-70), f. 3-5-70, ef. 7-1-70
AD 829(1-67), f. 1-11-67, ef. 3-1-67

Or. Admin. R. 603-021-0007 Domestic Kitchen Bakeries

In addition to the requirements of OAR 603-021-0010, a bakery in an area which is part of a domestic kitchen shall comply with the provisions of OAR 603-025-0200.

History

Statutory/Other Authority: ORS 561, 616 & 625
Statutes/Other Implemented: ORS 625.150
AD 5-1988, f. & cert. ef. 5-5-88
AD1018-1974, f. 2-14-74, cert. ef. 3-11-74

Or. Admin. R. 603-021-0010 Construction and Sanitation Standards

(1) The construction and sanitation standards for retail bakeries are those specified in OAR 603-025-0020 and 603-025-0030.

(2) The construction and sanitation standards for wholesale bakeries are those specified in OAR 603-025-0020 and 603-025-0150.

History

Statutory/Other Authority: ORS 561, 616 & 625
Statutes/Other Implemented: ORS 625.150
AD 5-1988, f. & cert. ef. 5-5-88
AD 915(1-70), f. 3-5-70, ef. 7-1-70
AD 829(1-67), f. 1-11-67, ef. 3-1-67

Or. Admin. R. 603-021-0015 Labeling and Marking of Containers

(1) No person operating or participating in the operation of any bakery, or distributor, shall use as a part of this trade or cor-porate name, or as a name or description of bread, or use in or on his bread containers, or advertising matter or sales literature relating thereto the word or term “Big,” “Giant,” “Large,” “Jumbo,” “Colossal,” “King Size,” or any similar word or terms except as provided for in section (2) of this rule.

(2) The use of such words as are set out in section (1) of this rule on the container of a standard extra large loaf is permissible when not shown in conjunction with the net weight statement.

History

Statutory/Other Authority: 561, 616 & 625
Statutes/Other Implemented: ORS 625.150
AD 5-1988, f. & cert. ef. 5-5-88
AD 829(1-67), f. 1-11-67, ef. 3-1-67

Or. Admin. R. 603-021-0021 Definitions and Standards for Bakery Products, Cereal Flours and Related Products — Labeling — Weight Standards

(1) The definitions, standards of identity and labeling for Bakery Products, cereal flours and related products are those specified in OAR 603-025-0190.

(2) Weight Standards — Bread: Each loaf and each unit of a twin or multiple loaf made or procured for sale, kept, offered, exposed for sale, or sold whether or not wrapped or sliced, shall have a weight per subsection (a) or (b) of this section; provided that the provisions of this section shall not apply to biscuits, buns or rolls of inch-pound sizes of 8 oz. or less or of metric sizes 250 grams or less or to “stale bread” sold and expressly represented at the time of sale as such, and when so sold, the wrappers shall be deemed not to be packages for labeling purposes:

(a) Inch-Pound Weights — 8–14 ounces, 15–17 ounces, 22-1/2–25-1/2 ounces and 30–34 ounces;

(b) Metric Weights — 250 grams, 500 grams, 750 grams, or a multiple of 500 grams.

History

Statutory/Other Authority: ORS 561, 616 & 625
Statutes/Other Implemented: ORS 625.150
AD 5-1988, f. & cert. ef. 5-5-88

Or. Admin. R. 603-021-0022 Bread Labeling at Retail

Bread made and sold in a retail bakery is exempt from the requirement for full and complete ingredient labeling provided:

(1) The bread is not displayed along side of or in competition with bread that is fully and completely labeled.

(2) The ingredients in each bread are available upon request by the consumer in a card file or other method approved by the Department. All other labeling requirements are applicable.

History

Statutory/Other Authority: ORS 561, 616 & 625
Statutes/Other Implemented: ORS 625.150
AD 5-1988, f. & cert. ef. 5-5-88

Or. Admin. R. 603-021-0030 Unwrapped Bread Labeling Exemption

The provisions of ORS 625.220 and these regulations do not apply in a bakery where unwrapped bread is on display and available for inspection by the prospective purchaser and where, after purchase, each loaf is immediately placed in a bag by bakery personnel for the convenience of such purchaser.

History

Statutory/Other Authority: ORS 561, 616 & 625
Statutes/Other Implemented: ORS 625.150
AD 5-1988, f. & cert. ef. 5-5-88
AD 915(1-70), f. 3-5-70, ef. 7-1-70

Or. Admin. R. 603-021-0612 Pan Sizes

The following pan sizes are applicable to “Enriched White Bread” sold in conventional and traditional loaves only: (i.e., rectangular open topped baking pans). Pans used for the baking of loaves of “enriched White Bread,” in Oregon, shall not exceed the following dimensions (measurements are the inside measurements at the top of the pan): Length, Width and Depth respectively:

(1) “Standard Loaf” — 9.25 x 4.75 x 3.50 inches;

(2) “Standard Large Loaf” — 12.5 x 4.75 x 3.50 inches;

(3) “Standard Large Square Loaf” — 8.5 x 8.0 x 3.50 inches;

(4) “Standard Large Sandwich Loaf” — 13.0 x 4.5 x 4.5 inches;

(5) “Standard Extra Large Loaf” — 13.0 x 5.5 x 5.0 inches;

(6) “Standard Extra Large Sandwich Loaf” — 16.0 x 4.5 x 4.5 inches.

History

Statutory/Other Authority: ORS 561, 616 & 625
Statutes/Other Implemented: ORS 625.150
AD 5-1988, f. & cert. ef. 5-5-88

Or. Admin. R. 603-021-0650 Bakery License Fees and Categories

Except as provided in ORS 625.020(2) and ORS 616.695 to 616.755, no person shall operate or participate in the operation of any bakery or bakery distributor without a license. Pursuant to ORS 625.180, the department may establish license fees for bakeries, bakery distributors, and domestic kitchen bakeries based on the license applicant’s annual gross dollar volume of sales of covered operations in Oregon. The annual license fees for bakeries, bakery distributors, and domestic kitchen bakeries are as follows:

(1) Bakery, as defined in ORS 625.010(1) (annual gross dollar volume of sales):

(a) $0-$5,000 - $286

(b) $5,001 - $50,000 - $286

(d) $500,001 - $1,000,000 - $571

(e) $1,000,001 - $5,000,000 - $950

(f) $5,000,001 to $10,000,000 - $1,265

(g) greater than $10,000,000 - $1,900

(2) Bakery distributor, as defined in ORS 625.010(5): $127

(3) Domestic kitchen bakery, as provided in OAR 603-021-0005 and 603-021-0007 (annual gross dollar volume of sales):

(a) $0-$5,000 - $179

(b) $5,001 - $50,000 - $179

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 to $10,000,000 - $759

(g) greater than $10,000,000 - $950

History

Statutory/Other Authority: ORS 561, ORS 616 & ORS 625
Statutes/Other Implemented: ORS 625.020 - 625.180 & OL 2021, Ch. 564
DOA 9-2022, amend filed 05/12/2022, effective 05/16/2022
DOA 14-2021, amend filed 04/15/2021, effective 05/01/2021
DOA 2-2020, amend filed 02/27/2020, effective 02/28/2020
DOA 8-2018, adopt filed 03/09/2018, effective 03/09/2018

Or. Admin. R. 603-021-0660 New License Fees; Bakery License Expiration; Operating without a License

(1) New license fees must be received within 14 calendar days of the department’s initial approval inspection. If a new license payment is not received within 14 calendar days of the initial approval inspection, the establishment will be considered operating without a license.

(2) Each license shall expire on June 30 next following the date of issuance.

(3) The department will collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th calendar day after the license expiration date.

(4) The delinquent renewal penalty shall be 30 percent of the amount of the license fee.

(7) The department will waive the delinquent renewal penalty if:

(a) The licensee's failure to renew the license prior to the 60th calendar day was caused entirely or in part by a department error or omission; or

(9) A previously licensed bakery, bakery distributor, or domestic kitchen bakery will be considered to be operating without a license if it fails to renew the license by the 90th calendar day after the license expires.

(10) If a bakery fails to obtain a required license, or if a bakery’s required license lapses, the Department may order the closure of such bakery. In ordering the closure of a bakery for failing to obtain a required license or allowing its license to lapse, the Department shall follow the procedures set forth in OAR 603-025-0520 to 603-025-0535.

History

Statutory/Other Authority: ORS 561, 616 & 625
Statutes/Other Implemented: ORS 561.300, ORS 616.706 & ORS 625.180
DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021
DOA 9-2018, adopt filed 03/09/2018, effective 03/09/2018

Or. Admin. R. 603-021-0710 Sanitation Standards; Facilities

(1) Surroundings: The outer premises of every nonalcoholic beverage plant shall be reasonable clean and well drained, free from any material or condition that creates rodent and/or insect harborage, and free from other nuisances and sources of contamination.

(2) Building: The building or portion thereof employed for compounding flavored sirups and packaging carbonated beverages and similar beverages without carbonation shall be used for no other purposes, and shall be constructed of such material and design that it can be kept clean and maintained in a sanitary manner and condition. No domestic animals or birds shall be allowed in any portion of the building. Toilet room or living quarters shall not open directly into any room or area in which sirup or finished beverages are processed.

(3) Rooms: A separate room shall be provided for compounding and mixing sirups; it shall be separated from other areas of the plant by a solid wall construction. Separate areas from the sirup room shall be provided for bottle washing; filling operation; receiving, storing, and shipping; provided, however, that a separate partitioned room for filling beverage containers shall be required in all new construction on and after the effective date of this order. Sirup mixing and container filling operations may be located in the same room if approved by the Department.

(4) Floors: The floors of rooms where ingredients are handled, compounded, mixed, or processed or where containers or equipment are washed shall be constructed of concrete or other equally impervious material. They shall be smooth, easily cleaned, properly sloped, coved sealed walljoint, provided with trapped drains, and kept in good repair; provided that storage rooms for storing dry ingredients, packaging materials, containers, supplies, need not be provided with drain.

(5) Walls and ceiling: Walls and ceiling in the sirup room, filling and washing area, shall have a moisture resistant, smooth, washable, light colored surface and shall be kept clean and in good repair. Walls may be of a darker color up to not more than 60 inches from the floor. With the approval of the Department, walls in the filling and washing area above 60 inches from the floor may be constructed of sound retarding material that is not conducive to multiplication of microorganisms. When paint is used, it should be of the mold resistant type.

(6) Doors and windows: Effective means shall be provided to prevent access of insects and dust into sirup room or container filling area. Exterior hinged doors as well as door into sirup room shall be solid, tight, outward opening, and self-closing. Windows shall be glazed.

(7) Lighting: Lighting in all rooms and work areas shall be sufficient and adequate for the operation that is to be performed. Lights in processing areas where breakage may cause contamination of product or ingredients shall be of the safety type or equipped with protective shields.

(8) Ventilation: Natural or artificial ventilation shall be sufficient to prevent excessive condensation formation, mold, or objectionable odors and maintain sanitary conditions in the sirup room, container filling and washing areas, or any area where necessary. Artificial ventilating systems subject to Department approval.

(9) Water supply: Water supply shall be readily accessible, of sufficient quantity and temperature for the procedure or process intended, and of a safe, sanitary quality. There shall be no cross connections between the safe water supply and any unsafe or questionable water supply, nor with sewage disposal system. There shall be evidence that the water supply has been approved by state or local authorities within past six months.

(10) Toilet Facilities: Toilet facilities shall be provided. The toilet room shall be kept clean, well lighted, and ventilated and plumbing shall meet the state code. Toilet room doors shall be solid, tight and self-closing. Hot and cold running water, soap, single service towels, or air dryer for hands shall be provided. A sign directing employees to wash their hands before returning to work shall be posted in all toilet rooms. Toilet soil lines shall be kept separate from industrial wastelines within plant.

(11) Waste disposal: Liquid waste from plant shall be conveyed to proper facilities in compliance with state plumbing code. Other waste shall be handled and removed at intervals of such frequency as to preclude infestations of insects or rodents and the development of odors and other nuisances. Only clean waste receptacles may be brought into food handling room.

History

Statutory/Other Authority: ORS 561.190 & 635.045
Statutes/Other Implemented: ORS 635.045
AD 851(23-67), f. & ef. 9-13-67

Or. Admin. R. 603-021-0715 Construction and Repair of Equipment

(1) All equipment, containers, and utensils used in the handling, processing, compounding, mixing, storage, or transporting of beverages or beverage ingredients shall be smooth, impervious, corrosion resistant, nontoxic, and in good repair and shall be constructed to permit adequate sanitation. Effective protection from contamination shall be maintained. Product-contact surfaces shall be self-draining. Equipment shall be free of sharp internal corners. Welded or soldered areas shall be smooth and similar to the parent metal. All joints shall be flush. Piping shall be of sanitary design and installation. All temperature-control equipment and control devices used on bottle washers shall be accurate and adequately maintained. The bottle washer shall be equipped with an indicating thermometer to record the temperature of the caustic wash solution. It shall be placed so as to be conveniently visible to the operator at all times.

(2) If the washing, filling, and crowning devices are not integral parts of one machine, but are performed by separate units of equipment, they shall be arranged to exclude manual contact with the necks or tops of the bottles between filling and crowning.

(3) Mixing and storage tanks, pipelines, filters, and other apparatus employed in the preparation and distribution of sirups shall be of sanitary construction and made of stainless steel or similar materials resistant to the action of sirup ingredients. All apparatus employed in sirup-making shall be free from recesses and so constructed that all parts may be easily sanitized. All permanent in place sirup lines shall be sloped to drain. All sirup tanks shall be self-draining and provided with suitable covers. Mixing shall be by mechanical means performed so as to prevent contamination of the sirup.

(4) Carbonated water shall not be conveyed in pipelines of galvanized iron, lead, zinc, copper, or other deleterious materials.

History

Statutory/Other Authority: ORS 561.190 & 635.045
Statutes/Other Implemented: ORS 635.045
AD 851(23-67), f. & ef. 9-13-67

Or. Admin. R. 603-021-0720 Processing Methods

(1) General sanitation: The operations of receiving, segregating, holding, compounding, mixing, packaging and packing, storing, transporting, and handling shall be conducted in a sanitary manner. There shall be no contamination, adulteration, or deterioration of the product or its ingredients. Every plant manu-facturing bottled beverages shall be equipped with suitable mechanical bottle washing apparatus, and with approved machines for carbonating, filling, and crowning. Plant operations shall be performed in such a manner as to prevent the operator or his clothing from coming in contact with the beverages or sanitized product-contact surfaces.

(2) Bottle washing: Reusable glass containers used in the manufacture of soft drinks shall, before being refilled, be sanitized by being washed in an automatic washing machine. An indicating thermometer and caustic solution test equipment shall be used to ascertain the temperature and caustic strength of the washing solution.The washing solution shall consist of at least 3 percent caustic soda with a minimum contact period of five minutes and a temperature of 130°F or an equivalent cleansing and sanitizing process. The bottles shall be rinsed free of washing solution with potable water. Single-service containers may be sanitized by air or water rinsing machines. One trip (single service) containers, such as bottles and cans, may be washed in a mechanical bottle washer, air or water rinsed. One trip containers that are not washed, air or water rinsed shall be stored in such manner as to protect such containers from airborne and manual contamination.

(3) Preparation of sirups: Sirups shall be prepared in a sanitary manner. Every precaution shall be taken against contamination, absorption, or deleterious substances during the preparation and subsequent storage. Sirup tanks and vats shall be covered and constructed of stainless steel or other suitable noncorrosive material. The tanks shall be free from defects, self-draining, free from seams, and shall be of such construction as to be readily flushed, cleaned, and sanitized. Galvanized iron, lead, zinc, copper, or brass-lined containers, pipelines, or apparatus of other deleterious materials shall not be used in preparation, storage, or conveyance of sirups. The sirup room shall be equipped with a wash sink and plumbed with a drain and hot and cold running water.

(4) Filling and crowning: Bottles shall be filled and capped by means of automatic machinery, and neither the operator nor his clothes shall come in contact with any part of the bottle or machinery that might result in contamination of the product. Removal of the crown of imperfectly crowned bottles and recrowning shall not be permitted. Crowns which have been touched on the inner side by the operator, as may occur while adjusting the crowner, shall be discarded. Returnable bottles shall be inspected for any abnormal condition immediately before or after being filled.

History

Statutory/Other Authority: ORS 561.190 & 635.045
Statutes/Other Implemented: ORS 635.045
AD 851(23-67), f. & ef. 9-13-67

Or. Admin. R. 603-021-0725 Cleaning and Bactericidal Treatments

Multiple-service containers, equipment, and utensils used in the handling, processing, storing, or transporting of beverages or beverage ingredients shall be thoroughly cleaned after use. They shall be subjected effectively to an approved bactericidal process prior to each usage.The methods used shall be such that soft drinks and their ingredients shall not be contaminated or adulterated. Chemicals used for cleaning and bactericidal treatments shall have labels which identify the contents and stored in an approved manner. All pipelines, apparatus, and containers used in the manufacturing processes shall be thoroughly sanitized at adequate intervals, but never less frequently than once weekly. Apparatus and containers shall be washed and rinsed before sanitization. Fillers shall be cleaned and sanitized at the end of each day’s operation and flushed with potable water before beginning operations. Since accepted industry practice permits sirup to remain in the sirup tanks and lines between periods of processing operations, the sirup tanks and lines will be cleaned and sanitized when emptied, as scheduled by the plant. After scheduled cleaning and sanitation, the sirup tanks and lines shall be flushed with potable water before beginning processing operations. Hot water, chlorine, or equally effective bactericidal agents are permissible for sanitization.

History

Statutory/Other Authority: ORS 561.190 & 635.045
Statutes/Other Implemented: ORS 635.045
AD 851(23-67), f. & ef. 9-13-67

Or. Admin. R. 603-021-0730 Sanitary Controls

To assure adequate sanitary control every plant manufacturing bottled carbonated beverages shall be adequately provided with apparatus for ascertaining the sanitizing strength of the soaker solution used in bottle washing. An indicating thermometer shall be used at the bottle-washing machine. If pipelines and other equipment are sanitized by hot water, additional thermometers shall be available at convenient locations. Caustic solution test equipment or some other suitable index for determining the causticity of the soaker solution shall be available at all times.

History

Statutory/Other Authority: ORS 561.190 & 635.045
Statutes/Other Implemented: ORS 635.045
AD 851(23-67), f. & ef. 9-13-67

Or. Admin. R. 603-021-0735 Control of Insects and Animals

The soft drink plant shall be free of rodents, rodent harborages, insects, and insect-breeding places. Effective measures shall be used to control and eliminate insects, vermin, rodents, and domesticated animals. Insecticides and rodenticides shall be properly identified, used, and stored in a safe and acceptable manner.

History

Statutory/Other Authority: ORS 561.190 & 635.045
Statutes/Other Implemented: ORS 635.045
AD 851(23-67), f. & ef. 9-13-67

Or. Admin. R. 603-021-0740 Storage Facilities

These facilities shall be clean, in good repair, and shall be provided with ample space for the storage of food substances, container closures, gaskets, cleaned utensils and equipment, so as to prevent contamination and deterioration. Conveyers and cases shall be maintained in a clean condition. It is recommended that an 18 inch space between the stored products and the wall be provided.

History

Statutory/Other Authority: ORS 561.190 & 635.045
Statutes/Other Implemented: ORS 635.045
AD 851(23-67), f. & ef. 9-13-67

Or. Admin. R. 603-021-0745 Vehicles and Transportation

Vehicles used to transport all products and materials shall be maintained in a clean condition to aid in protecting the product from contamination.

History

Statutory/Other Authority: ORS 561.190 & 635.045
Statutes/Other Implemented: ORS 635.045
AD 851(23-67), f. & ef. 9-13-67

Or. Admin. R. 603-021-0750 Personal Hygiene

All personnel in processing rooms and areas shall wear clean outer clothing, and head coverings; be free of communicable disease, and infected cuts, open sores, or other lesions on hands, arms, or head; and wash hands before starting or returning to work. All personnel in processing room or areas of the plant shall practice good sanitation and shall not smoke, chew tobacco, expectorate, or eat in processing areas.

History

Statutory/Other Authority: ORS 561.190 & 635.045
Statutes/Other Implemented: ORS 635.045
AD 851(23-67), f. & ef. 9-13-67

Or. Admin. R. 603-021-0755 Labeling

All carbonated beverages, still drinks, and mineral waters sold or offered for sale shall be plainly marked or labeled, capped, branded, or tagged with:

(1) The name of the beverage.

(2) The word “imitation” followed by the name of the natural fruit or product imitated, if the beverage is an imitation.

(3) The words “artificially colored,” “Artificially flavored,” or “artificially colored and flavored” or with words equivalent thereto and acceptable to the Department, if the product is artificially colored or artificially flavored, or both.

(4) An accurate statement of the net contents of each bottle, can, or other container in terms of fluid measure.

(5) The common name of each ingredient used in its manufacture. Flavorings and coloring may be designated as such without specifically naming them. The requirements of this paragraph do not apply to a carbonated beverage the ingredients of which have been fully and correctly disclosed to the Department on a form which the Department shall furnish on request.

(6) The name and principal place of business of the bottler or distributor responsible for placing the beverage on the market. This section does not apply to carbonated beverages or still drinks, the container or crown of which is permanently and distinctly branded with the trademark or brand of the distributor or bottler thereof, if the trademark or brand is registered with the Secretary of State or the United States Government and a declaration is filed with the Department, affirming the name, trademark, or brand under which the beverage is to be sold, and giving a full description of the area of the state in which such beverage is to be distributed, and the name and address of the person responsible in such area for compliance with ORS Chapter 635 as amended by Chapter 154, Oregon Laws 1967.

History

Statutory/Other Authority: ORS 561.190 & 635.045
Statutes/Other Implemented: ORS 635.045
AD 851(23-67), f. & ef. 9-13-67

Or. Admin. R. 603-021-0760 Other Regulations Also Apply

OAR 603-021-0709 to 603-021-0755, relating to nonalcoholic beverages, are in addition to, and not in lieu of, other regulations relating to food and such beverages, and unless in conflict herewith, continue to apply to such beverages and the plants in which they are handled and manufactured.

History

Statutory/Other Authority: ORS 561.190 & 635.045
Statutes/Other Implemented: ORS 635.045
AD 851(23-67), f. & ef. 9-13-67

Or. Admin. R. 603-021-0765 Nonalcoholic Beverage Manufacturer License Fees

As provided in ORS 635.027, no person shall operate or engage in the business of a nonalcoholic beverage manufacturer without first obtaining and thereafter maintaining a license. Pursuant to ORS 635.030, the department may establish license fees for nonalcoholic beverage manufacturers based on the license applicant’s annual gross sales in Oregon. The annual fees for non-alcoholic beverage manufacturing businesses, as defined in ORS 635.010(2), are as follows:

(1) $0-$5,000 - $191

(2) $5,001 - $50,000 - $191

(3) $50,001 - $500,000 - $317

(4) $500,001 - $1,000,000 - $445

(5) $1,000,001 - $5,000,000 - $696

(6) $5,000,001 to $10,000,000 - $824

(7) greater than $10,000,000 - $1,077

History

Statutory/Other Authority: ORS 561, ORS 616 & ORS 635
Statutes/Other Implemented: ORS 635.027, OL 2021, Ch. 564, ORS 635 & ORS 635.030
DOA 9-2022, amend filed 05/12/2022, effective 05/16/2022
DOA 14-2021, amend filed 04/15/2021, effective 05/01/2021
DOA 2-2020, amend filed 02/27/2020, effective 02/28/2020
DOA 10-2018, adopt filed 03/09/2018, effective 03/09/2018

Or. Admin. R. 603-021-0770 New License Fees; Nonalcoholic Beverage Manufacturer License Expiration; Operating without a License

(1) New license fees must be received within 14 calendar days of the department’s initial approval inspection or change of ownership. If a new license payment is not received within 14 calendar days of the initial approval inspection or change of ownership, the establishment will be considered operating without a license.

(2) Each license shall expire on June 30 next following the date of issuance.

(3) The department will collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th calendar day after the license expiration date.

(4) The delinquent renewal penalty shall be 30 percent of the amount of the license fee.

(7) The department will waive the delinquent renewal penalty if:

(a) The licensee's failure to renew the license prior to the 60th calendar day was caused entirely or in part by a department error or omission; or

(9) A previously licensed nonalcoholic beverage manufacturer will be considered to be operating without a license if it fails to renew the license by the 90th calendar day after the license expires.

(10) If a person fails to obtain a required license, or if a person’s required license lapses, the Department may order the closure of such person’s operations. In ordering the closure of a person’s operations for failing to obtain a required license or allowing its required license to lapse, the Department shall follow the procedures set forth in OAR 603-025-0520 to 603-025-0535.

History

Statutory/Other Authority: ORS 561, 616 & 635
Statutes/Other Implemented: ORS 561.300, ORS 616.706 & ORS 635.030
DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021
DOA 11-2018, adopt filed 03/12/2018, effective 03/12/2018

Or. Admin. R. 603-021-0900 Purpose

History

Statutory/Other Authority: ORS 561.190, 625.995 & 635.995
Statutes/Other Implemented: ORS 625.995 & 635.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-021-0910 Definitions

A bakery is subject to the definitions set forth in ORS Chapter 625, and OAR 603-025-0010. As used in OAR 603-021-0920 through 603-021-0930, unless otherwise required by the context, the following terms will be construed to mean:

(1) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction.

(2) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur.

(3) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences.

(4) “Moderate,” with respect to violations, means an incident, or series of incidents that may cause temporary or medically reversible adverse health consequences, or where the probability of serious adverse health consequences is remote.

(5) "Repeat violation" means the recurrence of the same violation for each 24-hour period after a notice of noncompliance or assessment of civil penalty was issued within the preceding three years. It does not include a violation if the previous notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed.

(7) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation.

(8) “Violation” means the failure to comply with any requirement of ORS 625.010 to 625.270 or Chapter 635, or any rule adopted thereunder.

History

Statutory/Other Authority: ORS 561.190, 625.995 & 635.995
Statutes/Other Implemented: ORS 625.995 & 635.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-021-0920 Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190 or 635.991, the Department may issue civil penalties with respective amounts for:

(1) Operating or participating in the operation of any bakery within this state without a license for that bakery pursuant to ORS 625.020(1). Penalties:

(a) Minor — $2,000 to $6,000;

(b) Moderate — $6,001 to $8,000; or

(2) Failure to display the numbered license certificate in a licensed bakery in accordance with ORS 625.070. Penalty — $100.

(3) Engaging within this state in the sale or distribution of any bakery product, other than exclusively as a retail food store or otherwise at retail at a fixed place or places of business, without holding a license so to do issued to that person by the Department pursuant to ORS 625.080. Penalties:

(a) Minor — $2,500 to $5,000;

(b) Moderate — $5,001 to $7,500; or

(4) Failure to display the numbered license certificate of a distributor licensed in accordance with ORS 625.120. Penalty — $100.

(5) Interference with a lawful inspection authorized under ORS 625.140. Penalty — $5,000 to $10,000.

(6) Violation of ORS 625.215, relating to prohibited bakery products. Penalties:

(a) Minor — $100 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(7) Violation of labeling standards in OAR 603-021-0015. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(8) Failure to meet the standard of identity for Bakery Products, cereal flours and related products with an established state or federal standard of identity as explained in ORS 616.780. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(9) Operating or engaging in the business of a nonalcoholic beverage manufacturer without first obtaining and thereafter maintaining a license, or renewal thereof, from the Department pursuant to ORS 635.027. Penalty — $5,000 to $10,000.

(10) Failure to maintain adequate sanitation or other measures as described in OAR 603-021-0007, 603-021-0010, 603-021-0710, or 603-021-0720 to 603-021-0750. Penalty — $500 to $5,000.

(11) Failure to maintain adequate facilities as described in OAR 603-021-0715. Penalty — $500 to $5,000.

(12) Labeling carbonated beverages, still drinks, or mineral waters inconsistent with the provisions of OAR 603-021-0755. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

History

Statutory/Other Authority: ORS 561.190, 625.995 & 635.995
Statutes/Other Implemented: ORS 625.995 & 635.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-021-0930 Penalty factors; procedure

(1) In imposing a penalty pursuant to the schedule adopted under ORS 625.995 or 635.995, the Department shall consider the following factors, which are listed in prioritized order:

(a) The immediacy and extent to which the violation threatens the public health or safety.

(b) Any prior violations of statutes, rules or orders pertaining to Bakeries, Bakery Products, or Nonalcoholic Beverages.

(c) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.

(3) Repeat violations of OAR 603-021-0910 will be assessed as three times the penalty amount in OAR 603-021-0910, not to exceed $10,000.

History

Statutory/Other Authority: ORS 561.190, 625.995 & 635.995
Statutes/Other Implemented: ORS 625.995 & 635.995
DOA 2-2013, f. & cert. ef. 2-7-13

Division 22 EGGS

Or. Admin. R. 603-022-0005 Definitions

For the purpose of OAR 603-022-0010 to 603-022-0055:

(1) "Container" means any box, case, basket, carton, sack, bag, rack or other receptacle in which eggs are placed.

(2) "Fee" means the sum established by the Department as provided for by ORS 632.715 and prescribed by OAR 603-022-0010 for egg handlers first selling eggs in Oregon.

(3) “Oregon grading” means grading made on a lot of eggs at a plant where the eggs are graded and packed.

(4) "Permit Number" means an identification number issued by the Department or a USDA plant number issued to an egg handler to be placed on the container in which eggs are sold to the consumer.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.811
DOA 24-2004, f. & cert. ef. 10-28-04
AD 10-1988, f. 12-19-88, cert. ef. 1-1-89
AD 1079(3-67), f. & ef. 2-3-76
AD 800(7-65), f. 8-3-65, ef. 1-1-66

Or. Admin. R. 603-022-0010 Oregon State Egg Fee

(1) Except as provided in OAR 603-022-0010(2), a fee of 2 ½ mills per dozen eggs is hereby established for eggs first sold in Oregon.

(2) Firms producing or distributing fewer than 101 dozen eggs per week are exempt from Oregon State Egg Fees.

History

Statutory/Other Authority: ORS 632 & ORS 561
Statutes/Other Implemented: ORS 632.811
DOA 11-2018, amend filed 03/12/2018, effective 03/12/2018
AD 10-1988, f. 12-19-88, cert. ef. 1-1-89
AD 16-1977, f. 7-15-77, ef. 8-1-77
AD 985(1-73), f. 1-5-73, ef. 2-1-73
AD 800(7-65), f. 8-3-65, ef. 1-1-66

Or. Admin. R. 603-022-0025 Payment of Fees

Except as provided in OAR 603-022-0010(2), each handler first selling eggs in Oregon shall complete, sign, and forward to the Department, on forms provided by the Department, a monthly report showing the dozen eggs first sold to consumers in Oregon. The report for each month, along with the fees due as shown on the report, are due at the following frequency, no later than 30th calendar day of the month following the reporting period in which the eggs were first sold.

(1) Annually: Firms that produce or distribute 101-349 dozen eggs per week

(2) Quarterly: Firms that produce or distribute 350-999 dozen eggs per week

(3) Monthly: Firms that produce or distribute 1,000 dozen eggs per week or more.

History

Statutory/Other Authority: ORS 561, 632
Statutes/Other Implemented: ORS 632.741, 632.811
DOA 11-2018, amend filed 03/12/2018, effective 03/12/2018
AD 10-1988, f. 12-19-88, cert. ef. 1-1-89
AD 800(7-65), f. 8-3-65, ef. 1-1-66

Or. Admin. R. 603-022-0055 Display of Assigned Permit Number on Container

(1) The Department will assign each egg handler a permit number to be placed on egg containers that they first sell in Oregon. If the egg handler is located outside of Oregon and has been assigned a permit number by another state, the Department will accept that number as the assigned permit number.

(2) The assigned permit number must appear on the end or side of the consumer egg container in bold face letters at least 1/8 inch in height.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.811
AD 10-1988, f. 12-19-88, cert. ef. 1-1-89
AD 1079(3-76), f. & ef. 2-3-76

Or. Admin. R. 603-022-0101 Eggs and Egg Products

As provided in ORS 632.811, the regulations governing this subject matter, adopted by the Food and Drug Administration of the United States Department of Health, Education, and Welfare and in effect as of April 1, 2001, are hereby adopted as the rules governing this subject matter in Oregon. Such federal regulations are contained in Title 21, Chapter 1, Part 160 of the Code of Federal Regulations and entitled "Eggs and Egg Products.”

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.811
DOA 24-2004, f. & cert. ef. 10-28-04
AD 7-1982, f. & ef. 7-9-82
AD 1075(21-75), f. & ef. 12-31-75

Or. Admin. R. 603-022-0300 Application

(1) The Oregon standards for quality of individual shell eggs contained in this subpart are applicable only to eggs that are the product of the domesticated chicken hen and are in the shell.

(2) Interior egg quality specifications for these standards are based on the apparent condition of the interior contents of the egg as it is twirled before the candling light. Any type or make of candling light may be used that will enable the particular grader to make consistently accurate determination of the interior quality of shell eggs.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
AD 977(10-72), f. 8-28-72, ef. 9-15-72

Or. Admin. R. 603-022-0305 Quality Grade Standards

(1) AA Quality. The shell must be clean, unbroken, and practically normal. The air cell must not exceed 1/8 inch in depth, may show unlimited movement, and may be free or bubbly. The white must be clear and firm so that the yolk is only slightly defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.

(2) A Quality. The shell must be clean, unbroken, and practically normal. The air cell must not exceed 3/16 inch in depth, may show unlimited movement, and may be free or bubbly. The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.

(3) B Quality. The shell must be unbroken, may be abnormal and may have slightly stained areas. Moderately stained areas are permitted if they do not cover more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered. Eggs having shells with prominent stains or adhering dirt are not permitted. The air cell may be over 3/8 inch in depth, may show unlimited movement, and may be free or bubbly. The white may be weak so that the yolk outline is plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged and flattened, and may show clearly visible germ development but no blood due to such development. It may show other serious defects that do not render the egg inedible. Small blood spots or meat spots (aggregating not more than 1/8 inch in diameter) may be present.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.811
AD 7-1982, f. & ef. 7-9-82
AD 1079(3-76), f. & ef. 2-3-76
AD 977(10-72), f. 8-28-72, ef. 9-15-72

Or. Admin. R. 603-022-0310 Definitions

(1) "Adulterated” means eggs of possible edible quality that fail to meet the requirements of an official Oregon grade or that have been contaminated by smoke, chemicals, or other foreign material which has seriously affected the character, appearance, or flavor of the eggs.

(2) Dirty. An individual egg that has an unbroken shell with adhering dirt or foreign material, prominent stains, or moderate stains covering more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered.

(3) Check. An individual egg that has a broken shell or crack in the shell but with its shell membranes intact and its contents do not leak. A "check" is considered to be lower in quality than a "dirty.”

(4) "Inedible Eggs" means eggs of the following descriptions are classed as inedible: Black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring state), and any eggs that are adulterated as such term is defined pursuant to the federal Food, Drug, and Cosmetic Act, 21 U.S.C. 342.

(5) "Leaker" means an individual egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exuding or free to exude through the shell.

(6) "Loss" means an egg that is inedible, smashed, or broken so that contents are leaking, cooked, frozen, contaminated, or containing bloody whites, large blood spots, large unsightly meat spots, or other foreign material.

(7) Terms descriptive of the shell:

(a) Clean. A shell that is free from foreign material and from stains or discolorations that are readily visible. An egg may be considered clean if it has only very small specks, stains or cage marks, if such specks, stains or cage marks are not of sufficient number or intensity to detract from the generally clean appearance of the egg. Eggs that show traces of processing oil on the shell are considered clean unless otherwise soiled;

(b) Dirty. A shell that is unbroken and that has dirt or foreign material adhering to its surface, which has prominent stains, or has moderate stains covering more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered;

(c) Practically normal (AA or A quality). A shell that approximates the usual shape and that is sound and is free from thin spots. Ridges and rough areas that do not materially effect the shape and strength of the shell are permitted;

(d) Abnormal (B quality). A shell that may be somewhat unusual or decidedly misshapen or faulty in soundness or strength or that may show pronounced ridges or thin spots.

(8) Terms descriptive of the air cell:

(a) Depth of air cell (air space between shell membranes, normally in the large end of the egg). The depth of the air cell is the distance from its top to its bottom when the egg is held air cell upward;

(b) Free air cell. An air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly;

(c) Bubbly air cell. A ruptured air cell resulting in one or more small separate air bubbles usually floating beneath the main air cell.

(9) Terms descriptive of the white:

(a) Clear. A white that is free from discolorations or from any foreign bodies floating in it. (Prominent chalazas should not be confused with foreign bodies such as spots or blood clots.)

(b) Firm (AA quality). A white that is sufficiently thick or viscous to prevent the yolk outline from being more than slightly defined or indistinctly indicated when the egg is twirled. With respect to a broken-out egg, a firm white has a Haugh unit value of 72 or higher when measured at a temperature between 45 degrees and 60 degrees F.

(c) Reasonably firm (A quality). A white that is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely which results in a fairly well defined yolk outline when the egg is twirled. With respect to a broken-out egg, a reasonably firm white has a Haugh unit value of 60 to 72 when measured at a temperature between 45 degrees and 60 degrees F.

(d) Weak and watery (B quality). A white that is weak, thin and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, thus causing the yolk outline to appear plainly visible and dark when the egg is twirled. With respect to a broken-out egg, a weak and watery white has a Haugh unit value lower than 60 when measured at a temperature between 45 degrees and 60 degrees F.

(e) Blood spots or meat spots. Small blood spots or meat spots (aggregating not more than 1/8 inch in diameter) may be classified as B quality. If larger, or showing diffusion of blood into the white surrounding a blood spot, the egg shall be classified as Loss. Blood spots shall not be due to germ development. They may be on the yolk or in the white. Meat spots may be blood spots which have lost their characteristic red color or tissue from the reproductive organs.

(10) Terms descriptive of the yolk:

(a) Outline slightly defined (AA quality). A yolk outline that is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled.

(b) Outline fairly well defined (A quality). A yolk outline that is discernible but not clearly outlined as the egg is twirled.

(c) Outline plainly visible (B quality). A yolk outline that is clearly visible as a dark shadow when the egg is twirled.

(d) Enlarged and flattened (B quality). A yolk in which the yolk membranes and tissues have weakened and/or moisture has been absorbed from the white to such an extent that the yolk appears definitely enlarged and flat.

(e) Practically free from defects (AA or A quality). A yolk that shows no germ development but may show other very slight defects on its surface.

(f) Serious defects (B quality). A yolk that shows well developed spots or areas and other serious defects, such as olive yolks, which do not render the egg inedible.

(g) Clearly visible germ development (B quality). A development of the germ spot on the yolk of a fertile egg that has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence.

(h) Blood due to germ development. Blood caused by development of the germ in a fertile egg to the point where it is visible as definite lines or as a blood ring. Such an egg is classified as inedible.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.811
DOA 24-2004, f. & cert. ef. 10-28-04
AD 7-1982, f. & ef. 7-9-82
AD 1079(3-76), f. & ef. 2-3-76
AD 977(10-72), f. 8-28-72, ef. 9-15-72

Or. Admin. R. 603-022-0320 Summary of Oregon Standards for Quality of Individual Shell Eggs

Specifications for each quality factor are those set forth in Table 1.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.811
AD 7-1982, f. & ef. 7-9-82
AD 1079(3-76), f. & ef. 2-3-76
AD 977(10-72), f. 8-2-72, ef. 9-15-72

Or. Admin. R. 603-022-0325 General

(1) These grades are applicable to edible shell eggs in "lot" quantities rather than on an "individual" egg basis. A lot may contain any quantity of two or more eggs. Reference in these standards to the term "case" means 30 dozen egg cases as used in commercial practices in Oregon. The size of the sample used to determine grade shall be on the basis of the requirements as set out in Table 2. For each additional 50 cases, or fraction thereof, in excess of 600 cases, one additional case shall be included in the sample. A minimum of 100 eggs per sample case shall be examined. For lots which consist of less than one case, 50 eggs shall be examined and, in instances when there are less than 50 eggs in a lot, all eggs shall be examined.

(2) Terms used in this section that are defined in the Oregon standards for quality of individual shell eggs have the same meaning in this section as in those standards.

(3) Aggregate tolerances are permitted within each consumer grade only as an allowance for variable efficiency and interpretation of graders, normal changes under favorable conditions during reasonable periods between grading and inspection, and reasonable variation of graders' interpretation.

(4) Substitution of higher qualities for the lower qualities specified is permitted.

(5) The percentage requirements for grades as set forth in OAR 603-022-0330 and 603-022-0335 are applicable except that interior quality factors shall be determined in accordance with the definitions of OAR 603-022-0310(8), (9), and (10) when the lot is labeled.

[ED NOTE: Tables referenced in this rule are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
DOA 24-2004, f. & cert. ef. 10-28-04
AD 1079(3-76), f. & ef. 2-3-76
AD 977(10-72), f. 8-2-72, ef. 9-15-72

Or. Admin. R. 603-022-0330 Oregon Consumer Grades for Shell Eggs

(1) At origin:

(a) Oregon Consumer Grade AA, or U.S. Consumer Grade AA (at origin), shall consist of eggs which are at least 87 percent AA quality. The maximum tolerance of 13 percent which may be below AA quality may consist of A or B quality in any combination, except that within the tolerance for B quality not more than one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than 5 percent (seven percent for Jumbo size) Checks are permitted and not more than 0.50 percent Leakers, Dirties or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30 percent. Other types of Loss are not permitted.

(b) Oregon Consumer Grade A, or U.S. Consumer Grade A (at origin), shall consist of eggs which are at least 87 percent A quality or better. Within the maximum tolerance of 13 percent which may be below A quality, not more than one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than five percent (seven percent for Jumbo size) Checks are permitted and not more than 0.50 percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30 percent. Other types of Loss are not permitted.

(c) Oregon Consumer Grade B, or U.S. Consumer Grade B (at origin), shall consist of eggs which are at least 90 percent B quality or better, not more than ten percent may be Checks and not more than 0.50 percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30 percent. Other types of Loss are not permitted.

(2) At destination:

(a) Oregon Consumer Grade AA, or U.S. Consumer Grade AA (destination), shall consist of eggs which are at least 72 percent AA quality. The remaining tolerance of 28 percent shall consist of at least ten percent A quality and the remainder shall be B quality, except that within the tolerance for B quality not more than one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than seven percent (nine percent for Jumbo size) Checks are permitted and not more than 1 percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination except that such Loss may not exceed 0.30 percent. Other types of Loss are not permitted.

(b) Oregon Consumer Grade A, or U.S. Consumer Grade A, (destination) shall consist of eggs which are at least 82 percent A quality or better. Within the maximum tolerance of 18 percent which may be below A quality, not more than one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than seven percent (nine percent for Jumbo size) Checks are permitted and not more than one percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30 percent. Other types of Loss are not permitted.

(c) Oregon Consumer Grade B, or U.S. Consumer Grade B, (destination) shall consist of eggs which are at least 90 percent B quality or better, not more than ten percent may be Checks and not more than one percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of Loss are not permitted.

(3) Additional tolerances:

(a) In lots of two or more cases:

(A) For Grade AA — No individual case may exceed ten percent less AA quality eggs than the minimum permitted for the lot average.

(B) For Grade A — No individual case may exceed ten percent less A quality eggs than the minimum permitted for the lot average.

(C) For Grade B — No individual case may exceed ten percent less B quality eggs than the minimum permitted for the lot average.

(b) For Grades AA, A, and B, no lot shall be rejected or downgraded due to the quality of a single egg except for Loss other than blood or meat spots.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.811
DOA 24-2004, f. & cert. ef. 10-28-04
AD 7-1982, f. & ef. 7-9-82
AD 977(10-72), f. 8-2-72, ef. 9-15-72

Or. Admin. R. 603-022-0335 Summary of Grade Tolerances

The Summary of Oregon Consumer Grades for Shell Eggs, and Tolerances for Individual Case Within a Lot, are set forth in Tables 3 and 4.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.811
AD 7-1982, f. & ef. 7-9-82
AD 1079(3-76), f. & ef. 2-3-76
AD 977(10-72), f. 8-2-72, ef. 9-15-72

Or. Admin. R. 603-022-0340 Weight Classes

(1) The weight classes for Oregon Consumer Grades for Shell Eggs shall be as indicated in Table 5 and shall apply to all consumer grades.

(2) A lot average tolerance of 3.3 percent for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds five percent.

[ED NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
DOA 24-2004, f. & cert. ef. 10-28-04
AD 977(10-72), f. 8-2-72, ef. 9-15-72

Or. Admin. R. 603-022-0345 Labeling

Each egg container or subcontainer shall be plainly marked in boldface type letters which are in contrast with background color with:

(1) The name and address of the producer, wholesaler, or retailer by or for whom the eggs were packed; Oregon plant number or USDA plant number, marking required by ORS 616.800 et seq., and the full, correct, and unabbreviated designation of the grade and size in accordance with the provisions of ORS Chapter 632 and OAR 603-022-0305 and 603-022-0340.

(2) Grade and size marking shall appear on the outside top face of containers holding less than 15 dozen in lettering of not less than 1/4 of an inch in height.

(3) Grade and size marking shall appear on the end of container holding 15 dozen or more eggs in lettering of not less than 1/2 of an inch in height.

(4) Description and type of marking required by ORS 616.800 et seq., shall be approved by and placed on file with the Department.

(5) All labeling requirements of this section, with exception of sections (2) and (3) of this rule relating to grade and size labeling, shall appear prominently on the container with the exception of the marking required by ORS 616.800 et seq., which may appear on the end or back of the container.

(6) There shall be no abbreviation of correct grade and size designation on signs required by ORS Chapter 632 to be on bulk containers of eggs being held or offered for sale.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
DOA 24-2004, f. & cert. ef. 10-28-04
AD 1079(3-76), f. & ef. 2-3-76
AD 977(10-72), f. 8-2-72, ef. 9-15-72

Or. Admin. R. 603-022-0350 Advertisements

(1) No person shall in any manner advertise the price of any eggs for sale at retail without including in the advertisement a prominent statement of the correct grade and size of such eggs according to the grades and standards prescribed by this order.

(2) No eggs other than grade AA or A shall be sold, offered for sale, or advertised for sale in any manner as “fresh eggs,” “ranch eggs,” “farm eggs,” or to represent the same to be fresh.

(3) The provisions of section (1) and (2) of this rule do not apply to a producer selling ungraded eggs of his own production on the premises where such eggs are produced.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
AD 977(10-72), f. 8-2-72, ef. 9-15-72

Or. Admin. R. 603-022-0400 Egg handler license exemptions

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:

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

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

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

(4) For the sale on consignment under ORS 616.683(3)(d) of eggs produced by a licensed egg handler.

History

Statutory/Other Authority: ORS 561, 616 &632
Statutes/Other Implemented: ORS 616.683, ORS 632.715
DOA 11-2018, adopt filed 03/12/2018, effective 03/12/2018

Or. Admin. R. 603-022-0500 Candling and Grading Room

(1) Size and location. A separate room shall be provided of adequate size and location to accommodate in a sanitary manner the equipment and volume of eggs being candled and graded for human consumption as shell eggs.

(2) Floor:

(a) Floor shall be constructed of washable materials, tight, reasonably smooth, and in good repair;

(b) Floor drains shall be provided where floors are subjected to flood type cleaning or where normal operations release or discharge water or liquid wastes on floor;

(3) Walls and ceiling:

(a) Walls and ceiling shall be kept clean, in good repair, and free of cobwebs and dust;

(b) Ceiling shall be dust tight if space overhead is used for storage or other purposes.

(4) Doors and windows. Effective means shall be provided to prevent entrance insofar as practicable of insects, rodents, and dust.

(5) Lighting and ventilation:

(a) Ample natural and/or artificial lighting shall be provided for egg handling, cleaning, candling, and grading operations;

(b) Adequate ventilation shall be provided to maintain room reasonably free from strong and undesirable odors, dust, and excessive condensation.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
AD 811(18-65), f. 12-21-65, ef. 1-1-66

Or. Admin. R. 603-022-0505 Toilet Room and Waste Disposal

(1) The toilet room shall be conveniently located and constructed and plumbed to comply with Oregon State Health Division requirements. The toilet room shall not open directly into the candling and grading room.

(2) Toilet room, dressing room, and fixtures shall be kept in a clean condition, in good repair, and shall be well ventilated and lighted.

(3) Toilet room shall be also equipped with handwashing facilities including soap and sanitary towels. No person or employee shall resume work after going to the toilet without first washing his hands.

(4) A sanitary covered waste disposal container shall be provided where needed.

(5) Sewage and other liquid wastes disposal system shall comply with Oregon State Health Division requirements.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
AD 811(18-65), f. 12-21-65, ef. 1-1-66

Or. Admin. R. 603-022-0510 Supply Area

A room or storage space area shall be provided for empty egg cartons, fillers, flats, cases, and other supplies used in the grading, packing, and storage of eggs. The storage area shall be kept clean, in good repair, and free of contaminating substances or products.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
AD 811(18-65), f. 12-21-65, ef. 1-1-66

Or. Admin. R. 603-022-0515 Holding or Cold Room

Graded and ungraded eggs and shall be stored in a manner to that they prevent cross-contamination and shall be kept clean, free of mold and objectionable odors, and properly lighted. The room shall be so constructed and equipped so that a temperature not to exceed 45 degrees F. can be maintained.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
DOA 24-2004, f. & cert. ef. 10-28-04
AD 1079(3-76), f. & ef. 2-3-76
AD 811(18-65), f. 12-21-65, ef. 1-1-66

Or. Admin. R. 603-022-0520 Water Supply

Water under pressure shall be available to grading and candling area or room for cleaning purposes. Such water shall be from a supply properly located, protected, and operated, and shall be easily accessible, adequate, and of a safe, sanitary quality.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
AD 811(18-65), f. 12-21-65, ef. 1-1-66

Or. Admin. R. 603-022-0525 Cleaning Eggs

(1) Equipment and facilities shall be provided where necessary for cleaning eggs.

(2) Eggs may be dry cleaned or washed. If eggs are dry cleaned, the equipment shall be of a sanitary type, and kept clean and in good repair.

(3) The washing solution shall be changed with sufficient frequency to maintain it in reasonably clean condition.

(4) Temperature of the wash water shall be at least 20°F higher than the temperature of the eggs being washed.

(5) Cloth or wash rags shall not be used for cleaning eggs unless they are of a sanitary single service type. Single service paper toweling may be used.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
AD 811(18-65), f. 12-21-65, ef. 1-1-66

Or. Admin. R. 603-022-0530 Sanitizing Cleaned Eggs

All washed eggs shall be spray-rinsed with water containing an approved type sanitizing agent.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
DOA 24-2004, f. & cert. ef. 10-28-04
AD 811(18-65), f. 12-21-65, ef. 1-1-66

Or. Admin. R. 603-022-0535 Candling and Grading Eggs

(1) Eggs shall be candled and graded in accordance with the provisions of OAR 603-022-0300 through 603-022-0350 relating to egg quality and size grade standards and tolerances.

(2) A producer may sell candled eggs using the designation “ungraded” instead of designating the size and grade or quality of the eggs if:

(a) The producer:

(A) Sells eggs of the producer’s own production directly to consumers; or

(B) Sells eggs of the producer’s own production by consignment under ORS 616.683(3)(d).

(b) The labeling and display of the “ungraded” designation conforms with the size and location requirements prescribed in OAR 603-022-0345.

(3) For ungraded eggs described in OAR 603-022-0535(2):

(a) The labeling must include a net content statement indicating the number of ungraded eggs; and

(b) The labeling or display need not include any statement of net weight.

History

Statutory/Other Authority: ORS 561.190 & ORS 632.811
Statutes/Other Implemented: ORS 632.771 & ORS 632.811
DOA 11-2018, amend filed 03/12/2018, effective 03/12/2018
AD 1079(3-76), f. & ef. 2-3-76
AD 811(18-65), f. 12-21-65, ef. 1-1-66

Or. Admin. R. 603-022-0540 Packaging and Labeling Eggs

(1) Only clean fillers, flats, subcontainers, and containers shall be used for packaging eggs.

(2) Containers and subcontainers shall be labeled in accordance with the requirements of OAR 603-022-0345.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
AD 1079(3-76), f. & ef. 2-3-76
AD 811(18-65), f. 12-21-65, ef. 1-1-66

Or. Admin. R. 603-022-0545 Protection from Contamination

(1) Employees handling cleaned eggs shall keep hands clean.

(2) Sanitary metal containers shall be provided at candling station for disposal of leakers and inedible eggs. Such container shall be emptied at least daily, washed and sanitized prior to usage.

(3) Insecticides and rodenticides used shall be of an approved type, stored in a safe place, and used as directed.

(4) If eggs are oil treated, the oil used shall be clean, free of off odors, and protected from contamination.

(5) The entrance or harboring of all vermin including domestic pets shall be prevented insofar as practicable to the room and areas used for grading, storage of supplies, and eggs.

(6) All floors, candling, and grading equipment shall be thoroughly cleaned after each day’s use or more frequently if necessary.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
AD 811(18-65), f. 12-21-65, ef. 1-1-66

Or. Admin. R. 603-022-0600 Definitions

As used in OAR 603-022-0600 through 603-022-0710.

(1) "Department" means the State Department of Agriculture.

(2) "Egg Meats" or "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.

(3) "Eggs" means eggs in the shell from chickens, turkeys, ducks, geese, or any other specie of fowl.

(4) "Egg Products Plant" or "Egg Breaking Plant" means any place or establishment where eggs or egg products are broken, processed, pasteurized, packaged, or prepared for distribution in liquid, frozen, or dried condition.

(5) The term "Pasteurization,” "Pasteurized,” or similar terms denoting pasteurization shall be taken to refer to heating every particle of egg or egg products to such temperature and holding at such temperature for a period of time sufficient for the purpose of rendering the eggs or egg products free of salmonella or other pathogenic micro-organisms in properly operated equipment as shall be approved by the Department; provided, that nothing contained in this definition shall be construed as disbarring any other process which has been demonstrated to be equally efficient and is approved by the Department.

(6) "Sanitize" or "Sanitizing" means to subject to a germicidal agent or bactericidal treatment process approved by the Department.

(7) "Stabilization" means the subjection of any egg product to a de-sugaring process.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
DOA 24-2004, f. & cert. ef. 10-28-04
AD 811(18-65), f. 12-21-65, ef. 1-1-66

Or. Admin. R. 603-022-0605 Plant Requirements

The sanitation standards for egg candling and grading facilities and establishments shall be those established in OAR 603-025-0020 and by the USDA Egg Products Inspection Act, 21 U.S.C. 1031, et seq.

History

Statutory/Other Authority: ORS 561.190 & 632.811
Statutes/Other Implemented: ORS 632.811
DOA 24-2004, f. & cert. ef. 10-28-04
AD 811(18-65), f. 12-21-65, ef. 1-1-66

Or. Admin. R. 603-022-0900 Purpose

History

Statutory/Other Authority: ORS 561.190 & 632.995
Statutes/Other Implemented: ORS 632.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-022-0910 Definitions

As used in OAR 603-022-0920 through 603-022-0930, unless otherwise required by the context, the following terms will be construed to mean:

(1) “Department” means the Oregon Department of Agriculture.

(2) “Federal Act” has the meaning in ORS 632.705(12).

(3) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction.

(4) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur.

(5) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences.

(6) “Moderate,” with respect to violations, means an incident, or series of incidents that may cause temporary or medically reversible adverse health consequences, or where the probability of serious adverse health consequences is remote.

(7) "Repeat violation" means the recurrence of the same violation for each 24-hour period after a notice of noncompliance or assessment of civil penalty was issued within the preceding three years. It does not include a violation if the previous notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed.

(8) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation.

(9) "Violation" means the failure to comply with any requirement of ORS 632.705 to 632.815, or any rules adopted thereunder.

History

Statutory/Other Authority: ORS 561.190 & 632.995
Statutes/Other Implemented: ORS 632.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-022-0920 Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190, 632.990, or 619.993 the Department may impose a civil penalty with respective amounts for:

(1) Violation of the licensing requirements of ORS 632.715(1). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(2) Failure to conspicuously display original or duplicate licenses as required in ORS 632.715(3). Penalty — $100.

(3) Engaging 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 Department of Agriculture a permit to do so pursuant to ORS 632.730. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(4) Failure to pay a fee or fees pursuant to ORS 632.741. Penalty — $1,000 to $5,000.

(5) Failure to meet the invoicing requirements or record retention requirements of ORS 632.745. Penalty — $500 to $5,000.

(6) Failure to construct, maintain and utilize plant facilities and equipment utilized in processing eggs or egg products in accordance with the rules promulgated under the federal Act or promulgated by the Department. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(7) Interference with a lawful inspection authorized under ORS 632.761(1). Penalty — $5,000 to $10,000.

(8) Interference with the seizure, embargo or detention, in accordance with the provisions of ORS 561.605 to 561.630, of 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. Penalty — $5,000 to $10,000.

(9) Interference with condemnation in accordance with the provisions of ORS 616.740, of 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. Penalty — $5,000 to $10,000.

(10) Violation of the labeling or advertising requirements of ORS 632.771. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(11) Selling 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 as explained in ORS 632.786(1). Penalty — $100 to $5,000.

(12) As a retailer, selling eggs from a bulk display without displaying the placard required by ORS 632.771(3). Penalty — $100 to $5,000.

(13) Delivering or selling eggs for human consumption that have been incubated or have been in either an artificial or natural incubator as explained in ORS 632.786(6). Penalty — $100 to $5,000.

(14) Delivering or selling for human consumption ova from slaughtered birds of any species as explained in ORS 632.786(7). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(15) Selling any eggs or egg products that are adulterated or misbranded as explained in ORS 632.786(8). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(16) Selling any eggs as fresh eggs unless they are of the quality or grade prescribed for fresh eggs by the Department or the Federal Act as explained in ORS 632.786(9). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(17) Selling egg products for human consumption that have not been pasteurized, or as a food processor purchasing egg products that have not been pasteurized as explained in ORS 632.786(10). Penalty — $1,000 to $5,000.

(18) Advertising eggs or egg products in violation of the standards or requirements prescribed by the Department as explained in ORS 632.786(11). Penalty — $1,000 to $5,000.

(19) Using containers in the bulk sale of eggs that bear the trademark of another egg handler without the consent of the registrant of such trademark as explained in ORS 632.786(12). Penalty — $1,000 to $5,000.

(20) Failure to maintain sanitation standards of OAR 603-022-0500 through 603-022-0545, relating to egg candling and grading facilities and establishments. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

History

Statutory/Other Authority: ORS 561.190 & 632.995
Statutes/Other Implemented: ORS 632.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-022-0930 Penalty factors; procedure

(1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 632.995, the Department shall consider the following factors, which are listed in prioritized order:

(a) The immediacy and extent to which the violation threatens the public health or safety.

(b) Any prior violations of statutes, rules or orders pertaining to eggs.

(c) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.

(3) Repeat violations of OAR 603-022-0910 will be assessed as three times the penalty amount in OAR 603-022-0910, not to exceed $10,000.

History

Statutory/Other Authority: ORS 561.190 & 632.995
Statutes/Other Implemented: ORS 632.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-022-1000 Egg Establishment License Fees and Categories

Except as provided in ORS 632.715, a person may not sell or distribute within this state any eggs to consumers or retailers without first obtaining a license from the department. As provided in ORS 632.730, a person may not 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, without first obtaining a license from the department. The annual license fees for egg establishments, as provided for in ORS 632.720 and 632.730, are as follows:

(1) Egg handler: $30

(2) Egg breaker: $80

History

Statutory/Other Authority: ORS 561, ORS 616 & ORS 632
Statutes/Other Implemented: ORS 616.706, OL 2021, Ch. 564, ORS 632.720 & ORS 632.730
DOA 9-2022, amend filed 05/12/2022, effective 05/16/2022
DOA 14-2021, amend filed 04/15/2021, effective 05/01/2021
DOA 2-2020, amend filed 02/27/2020, effective 02/28/2020
DOA 11-2018, adopt filed 03/12/2018, effective 03/12/2018

Or. Admin. R. 603-022-1010 Egg Establishment License Expiration; Operating without a License

(2) Each license shall expire on June 30 next following the date of issuance.

(3) The department will collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th calendar day after the license expiration date.

(4) The delinquent renewal penalty shall be 30 percent of the amount of the license fee.

(7) The department will waive the delinquent renewal penalty if:

(a) The licensee's failure to renew the license prior to the 60th calendar day was caused entirely or in part by a department error or omission; or

(9) A previously licensed egg establishment will be considered to be operating without a license if the establishment fails to renew the license by the 90th calendar day after the license expires.

History

Statutory/Other Authority: ORS 561.190 & ORS 632.811
Statutes/Other Implemented: ORS 632.771 & ORS 632.811
DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021
DOA 13-2018, adopt filed 03/15/2018, effective 03/15/2018

Division 24 DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS

Or. Admin. R. 603-024-0017 Standards of Identity, Quantity and Labeling Requirements

(1) The weights and measures packaging and labeling requirements for butter, fluid milk and milk products shall be those specified in OAR 603-027-0105, and the weights and measures requirements as to the methods of sale of butter, milk and milk products shall be those specified in OAR 603-027-0206.

(2) Labeling, standards of identity and marking requirements for butter, fluid milk and milk products not provided for under section (1) of this rule, shall be those specified in the Grade “A” Pasteurized Milk Ordinance, 2015 Revision.

(3) Measuring devices used for determining weight by measuring quantity of milk in farm tanks shall be done in accordance with the requirements of OAR chapter 603, division 027, to effectuate the administration of ORS Chapter 618.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 651 & 621
DOA 13-2016, f. & cert. ef. 6-20-16
DOA 7-2015, f. & cert. ef. 4-3-15
DOA 6-2013, f. & cert. ef. 4-26-13
DOA 8-2006, f. & cert. ef. 3-10-06
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0019 Definitions

As used in these rules, unless the context otherwise requires:

(1) "Authorized Persons" means persons licensed as a sampler-grader, or a pasteurizer operator under the provisions of ORS chapter 621.

(2) "Certified Laboratory" is an industry or commercial laboratory which has been certified to perform specified analyses of milk and dairy products described in these fluid milk regulations by the Department's chief laboratory officer or his or her official representative. Laboratory certifications may be limited by the Department to one or more specific tests, methods or products.

(3) "Condemned Container" means container deemed by Department as unfit for use because of dirt, rust, open seams, or other conditions that would or may contaminate fluid milk, milk or dairy products, or would otherwise render them unfit for consumption by humans.

(4) "Container" means and includes milk cans, cream cans, farm-milk tanks, milk-tank trucks, pasteurizing vats, cheese vats, butter churns, butter tubs, cheese hoops, and any other receptacle designed for use or used as a container of fluid milk or dairy products.

(5) "Cream" means cream as defined in OAR 603-024-0017(2).

(6) "Dairy Operator" means a person licensed by the Department to conduct one or more of the following activities related to the operation of a milk distributor or dairy products plant. A separate license is required for each of these activities conducted by an individual:

(a) "Sampler-Grader" is a person responsible for the grading of milk received by a milk distributor or dairy products plant, and collecting regulatory samples of raw for pasteurization milk being received.

(b) "HTST Pasteurizer Operator" is a person responsible for the legal pasteurization of milk and/or dairy products utilizing "high temperature short time" (HTST) pasteurization equipment. This includes HHST and UHT pasteurization equipment.

(c) "Vat Pasteurizer Operator" is a person responsible for the legal pasteurization of milk and/or dairy products utilizing vat or batch pasteurization equipment.

(7) "Dairy Product" means dairy products defined in OAR 603-024-0017(2) and includes butter; all varieties of cheese, frozen desserts and frozen dessert mixes containing milk, cream or nonfat milk solids; and evaporated, condensed, concentrated, powdered, dried or fermented milk, whey, cream and skimmed milk.

(8) "Department" means the Department of Agriculture of the State of Oregon.

(9) "Distributor" means a person who purchases only unpasteurized milk and pasteurizes or otherwise processes that milk, then bottles and distributes the milk for human consumption.

(10) "Extra Rich Milk" is pasteurized fluid milk in which the milkfat content is not less than 5.0 percent. The term or label "extra rich" shall not be used in connection with the addition of vitamins, minerals, or milk solids-not-fat unless the milkfat content meets or exceeds 5.0 percent.

(11) "Fluid milk" means milk and any other product made by the addition of a substance to milk or to a liquid form of milk product if the milk or other product is produced, processed, distributed, sold or offered or exposed for sale for human consumption. Fluid milk includes sterilized fluid milk products and the fluid milk products for which the Department has established a standard of identity.

(12) "Lactose Reduced Milk Products", are milk products, such as pasteurized milk, lowfat milk or skim milk (nonfat milk) to which suitable enzymes have been added to convert lactose in the product to glucose or galactose, resulting in a lactose level in the milk product that is less than 30 percent of the natural level of lactose normally in the product.

(13) "Calcium Added" milk product are fortified with calcium carbonate, tricalcium phosphate or other additive approved by the Department, to a level of not less than 500 m.g. per eight ounce serving.

(14) "Milk" means the lacteal secretion of cows, sheep and goats.

(15) "Milkfat" means the natural fat of milk.

(16) "Milk solids" means the total constituents of milk less the water.

(17) Lactobacillus acidophilus or bifido bacterium milk products are milk products that have been pasteurized and inoculated with a strain of lactobacillus acidophilus or bifido bacterium to aid human digestion.

(18) "Milk Hauler" means a person who, in the course of employment, accepts bulk fluid milk and transports that commodity to a dairy products plant or a physical facility of a distributor or producer-distributor.

(19) "Multi-Vitamin Fortified" or "Multi-Mineral Fortified" means milk or milk products in which the vitamins or minerals content, other than vitamin D or vitamin A, have been increased by a method and in an amount approved by the Department.

(20) "Nonprocessing distributor" means a person who sells fluid milk in consumer-sized units under the person's own brand or trade name after the milk has been processed and packaged by a distributor or producer-distributor.

(21) "Person" means any individual, partnership, association, or corporation and his or its agents.

(22) "Producer" means a person who engages in the production of unpasteurized milk on a dairy farm and does not bottle the milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption.

(23) "Producer-distributor" means a person who bottles milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption.

(24) "Raw Goat Milk" is unpasteurized milk from goats with a milkfat content of not less than 3.25 percent and a milk-solids-not-fat content of not less than 8.25 percent.

(25) "Whole Milk" is milk with milkfat greater or equal to 3.25 percent and milk solids-not-fat not less than 8.25 percent.

History

Statutory/Other Authority: ORS 651 & 621
DOA 6-2013, f. & cert. ef. 4-26-13
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0022 Butter

“Butter” means the product made by gathering the fat of fresh or ripened cream into a mass, which also contains a small portion of other milk constituents, with or without salt or a harmless coloring matter. Butter shall be clean and nonrancid and shall contain not less that 80 percent of milk fat.

History

Statutory/Other Authority: ORS 651 & 621
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0026 Standards for Lactobacillus Acidophilus or Bifido Bacterium Added Milk Products

(1) Milk products that have been pasteurized, cooled to a temperature not to exceed 45 degrees F., and afterwards inoculated with a pure, concentrated strain of lactobacillus acidophilus or bifido bacterium may be labeled “Milk with Lactobacillus Acidophilus Culture,” “Milk with Bifido Bacterium Added.”

(2) Lactobacillus acidophilus or bifido bacterium added milk products shall meet the bacterial requirements for fluid milk after pasteurization and prior to inoculation.

(3) After inoculation, the lactobacillus acidophilus or bifido bacterium added milk products shall contain at a minimum 2,000,000 viable lactobacillus acidophilus or bifido bacterium cells per milliliter as measured by the standard plate count, and shall contain not more than 10 coliform per milliliter.

(4) Lactobacillus acidophilus or bifido bacterium added milk products shall be maintained at a temperature of 45 degrees F. or less, until delivered to the consumer.

(5) Except for the bacterial count, lactobacillus acidophilus or bifido bacterium added milk products shall meet all other compositional requirements for fluid milk.

(6) All lactobacillus acidophilus or bifido bacterium added milk products shall be labeled as “milk with lactobacillus acidophilus or bifido bacterium culture added.”

(7) The method of manufacture and labeling of such fluid milk products containing lactobacillus, acidophilus or bifido bacterium culture shall be approved by the Department before offered for sale to the public.

History

Statutory/Other Authority: ORS 651 & 621
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0031 Standards of Multi-Vitamin Fortified or Multi-Mineral Fortified Milk or Milk Products

The label of the milk or milk product shall include the specific vitamins or minerals added. The label of the milk or milk product shall bear the statement “mineral fortified” or similar statement approved by the Department. All additives shall be listed in the ingredient statement.

History

Statutory/Other Authority: ORS 651 & 621
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0035 Definitions and Standards for Cheeses and Cheese Products

(1) The definitions and standards of identity, optional ingredients, and labeling requirements for cottage cheese, cottage cheese/dry curd, lowfat cottage cheese and other cheese and cheese products shall be those specified in OAR 603-024-0017.

(2) Coliform standards for cottage cheese, cottage cheese/dry curd and lowfat cottage cheese shall be determined by computing the number of coliform organisms by the Agar Plate Method upon examination of the last five samples taken on separate days during the sampling period. Compliance with the coliform standard shall be deemed to have been met if the number of coliform organisms do not exceed ten per gram per sample in more than two of the last five samples. No enforcement action is taken if the last sample is within the standard.

(3) The weights and measures packaging and labeling requirements for cheese, cheese products, cottage cheese and all types or varieties of cottage cheese shall be, those specified in OAR 603-027-0105, and the weights and measures requirements as to methods of sale of cheese, cheese products, cottage cheese and all types or varieties of cottage cheese shall be those specified in OAR 603-027-0206.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190, 621.060, 621.311 & 621.405
Statutes/Other Implemented: ORS 616.230
DOA 6-2002, f. & cert. ef. 1-28-02
AD 21-1993, f. & cert. ef. 12-15-93
AD 12-1984, f. & ef. 9-24-84
AD 8-1980, f. & ef. 11-20-80
AD 1075(21-75), f. & ef. 12-31-75
AD 1016(6-74), f. 1-30-74, ef. 12-31-74
AD 946(13-71), f. & ef. 9-1-71

Or. Admin. R. 603-024-0041 Standard for Grade A Raw Goat Milk

(1) "Grade A Raw Goat Milk" is fluid milk bottled on a dairy farm and must be produced by a disease-free herd in conformance with all of the sanitation specified in OAR 603-024-0605 to 603-024-0641, and 603-024-0211.

(2) As determined in accordance with OAR 603-024-0557 to 603-024-0594 for each sampling period, Raw Goat Milk may not exceed:

(a) 80,000 bacteria count per milliliter;

(b) 10 coliform per milliliter;

(d) The somatic cell limit in OAR 603-024-0592.

(3) Grade A Raw Goat milk must test negative for drug residue.

History

Statutory/Other Authority: ORS 651 & 621
DOA 13-2016, f. & cert. ef. 6-20-16
DOA 6-2013, f. & cert. ef. 4-26-13
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0046 Breed Specific Labeling of Milk and Milk Products

In order to label milk or milk product “Ayrshire,” “Brown swiss,” “Guernsey,” “Holstein,” or “Jersey” milk or milk products, the milk or the products of the fluid milk must be derived exclusively from the breed of cows stated on the label. The individual animals from which the milk is derived must be indistinguishable in appearance from a purebred animal of the same breed.

History

Statutory/Other Authority: ORS 651 & 621
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0051 Standard for Grade A Raw Milk

(1) “Grade A Raw Milk for Pasteurization” is fluid milk produced by a disease-free herd on a dairy farm in conformance with all the sanitation standards specified in OAR 603-024-0211.

(2) When delivered to the milk plant, all raw milk shall be examined and tested in accordance with OAR 603-024-0557 to 603-024-0594. As specified in 603-024-0557 to 603-024-0594, for each sampling period, Grade A Raw Milk for Pasteurization may not exceed:

(a) 80,000 bacteria count per milliliter;

(b) Cooling requirements covered in OAR 603-024-0211; and

(3) Grade A Raw Milk must test negative for drug residue.

History

Statutory/Other Authority: ORS 651 & 621
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0056 Standards for Lactose Reduced Milk Products

(1) “Lactose Reduced Milk Products,” are created by adding suitable enzymes to pasteurized milk, lowfat milk or skim milk (nonfat milk) to convert lactose in the product to glucose or galactose, reducing the lactose level in the milk product to less that 30 percent of the normal level.

(2) The product shall be labeled “Lactose Reduced” with the blank being filled in with the name of the appropriate milk product, according to the standards of identity established by the Department for such products.

(3) Adding vitamin A or vitamin D to Lactose Reduced Milk Products is optional. If added, each quart of the milk product shall contain not less than 2,000 I.U. of Vitamin A and 400 I.U. of Vitamin D, within the limits of good manufacturing practices. The product shall be labeled in accordance with OAR 603-024-0017.

History

Statutory/Other Authority: ORS 651 & 621
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0061 Standards for Calcium Added Milk Products

Milk products may be labeled “Lowfat Milk with Calcium Added,” or “Nonfat (Skim) Milk with Calcium Added” or “Reduced Fat Milk with Calcium Added” if the fluid milk product meets the standard of identity set forth in Title 21, CFR, Chapter 1, Part 131.110, and it is fortified with calcium carbonate, tricalcium phosphate or other additive approved by the Department, to a level of not less than 500 m.g. per eight ounce serving. The milk product shall be labeled in accordance with OAR 603-024-0017 and in addition the principal display panel shall prominently bear the statement “A dietary supplement of calcium.”

History

Statutory/Other Authority: ORS 651 & 621
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0062 Sterilized Fluid Milk and Milk Products; Standards of Identity

The standard of identity for sterilized milk and milk products shall be the standards for fluid milk and fluid milk products as set forth in OAR 603-024-0017.

History

Statutory/Other Authority: ORS 561, 616 & 621
Statutes/Other Implemented: ORS 621.060 & 621.405
DOA 6-2002, f. & cert. ef. 1-28-02
AD 1105-1976, f. & ef. 9-15-76
AD 806-1965, f. 8-23-65, cert. ef. 9-5-65, Renumbered from 603-024-0037

Or. Admin. R. 603-024-0080 Imitation Milk and Imitation Milk Products; Standards of Identity

The standards of identity for imitation milk and milk products shall be the standards for fluid milk and fluid milk products, as set forth in OAR 603-024-0017.

History

Statutory/Other Authority: ORS 561, 616 & 621
Statutes/Other Implemented: ORS 621.418
DOA 6-2002, f. & cert. ef. 1-28-02
AD 8-1980, f. & ef. 11-20-80
AD 1105(26-76), f. & ef. 9-15-76
AD 910(16-69), f. 12-5-69, ef. 1-1-70

Or. Admin. R. 603-024-0090 Standard of Quality

Imitation milk products when sold or offered for sale in the final delivery container shall not contain more than 20,000 bacteria per milliliter, 10 coliform per milliliter, and the temperature shall not exceed 45°F

History

Statutory/Other Authority: ORS 561.190 & 621.418
Statutes/Other Implemented: ORS 621.418
AD 910(16-69), f. 12-5-69, ef. 1-1-70

Or. Admin. R. 603-024-0095 Sanitation Standards

(1) Sanitation standards for building, equipment, and personnel involved in the manufacture and distribution of the imitation milk products for which a standard of identity has been established in OAR 603-024-0080 shall conform to the same sanitation requirements as established for Grade A pasteurized fluid milk and milk products in OAR 603-024-0211.

(2) Imitation milk products shall be pasteurized in equipment meeting the requirements for milk and dairy products, as set forth in OAR 603-024-0211, including subjecting imitation milk products to the appropriate equivalent pasteurization time and temperature standards set forth therein.

(3) Imitation milk products that are labeled sterilized shall be packaged in hermetically sealed containers and so processed in equipment approved by the Department by heat either before or after sealing so as to prevent spoilage.

History

Statutory/Other Authority: ORS 561, 616 & 621
Statutes/Other Implemented: ORS 621.418
DOA 6-2002, f. & cert. ef. 1-28-02
AD 1105(26-76), f. & ef. 9-15-76
AD 910(16-69), f. 12-5-69, ef. 1-1-70

Or. Admin. R. 603-024-0105 Identifying Condemned Containers

Containers as defined in OAR 603-024-0019(3) shall only be identified when condemned by the Department by attaching a tag thereto printed by the Department giving notice of fact of condemnation and reason therefor.

History

Statutory/Other Authority: ORS 621
Statutes/Other Implemented: ORS 621.226
DOA 6-2002, f. & cert. ef. 1-28-02
AD 535, f. 9-6-56, ef. 9-5-56

Or. Admin. R. 603-024-0110 Releasing Condemned Container for Use Following Repair

The Department may lift condemnation and release container for use after verifying acceptable repairs have been made.

History

Statutory/Other Authority: ORS 621
Statutes/Other Implemented: ORS 621.226
DOA 6-2002, f. & cert. ef. 1-28-02
AD 535, f. 9-6-56, ef. 9-5-56

Or. Admin. R. 603-024-0211 Adoption of the Grade A Pasteurized Milk Ordinance (PMO) and Related Documents

On all dairy farms, plants, and transport tankers, the standards for building construction, equipment construction, sanitation, sampling, pasteurization, transportation and handling of milk and dairy products shall be those given in the Grade “A” Pasteurized Milk Ordinance (PMO), 2023 Revision. This adoption shall also include the following related documents:

(1) 2023 Revision of the Methods of Making Sanitation Ratings (MMSR);

(2) 2023 Revision of Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the Conference on Interstate Milk Shipments; and

(3) The 2023 Revision of the Evaluation of Milk Laboratories (EML).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.058
DOA 29-2024, amend filed 12/31/2024, effective 12/31/2024
DOA 1-2021, amend filed 02/10/2021, effective 03/01/2021
DOA 29-2018, amend filed 12/12/2018, effective 12/12/2018
DOA 13-2016, f. & cert. ef. 6-20-16
DOA 7-2015, f. & cert. ef. 4-3-15
DOA 6-2013, f. & cert. ef. 4-26-13
DOA 9-2012, f. & cert. ef. 5-15-12
DOA 8-2006, f. & cert. ef. 3-10-06
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0234 License Fees for Mobile Milk Tankers and Dairy Products Plants

(1) As provided in ORS 621.161, a person shall not operate a dairy products plant or mobile milk tanker unless the person has a valid dairy products plant license. A mobile milk tanker with an active current milk tanker license in another state will be considered to meet Oregon’s mobile milk tanker licensing requirements.

(2) Pursuant to ORS 621.166, the department may adopt rules establishing license fee schedules for dairy products plants, including mobile milk tankers. The department may determine the license fee for a dairy products plant based upon the annual gross dollar volume of sales and services by the applicant within Oregon. The annual license fees for mobile milk tankers and dairy products plants are as follows:

(a) Mobile milk tanker, as defined in ORS 621.166(1): $30 for each mobile milk tanker, not to exceed $826 for total fleet owned by one entity.

(b) Dairy products plants, as defined in ORS 621.003(4), except those consisting only of mobile milk tankers or other mobile equipment (annual gross dollar volume of sales):

(A) $0 - $5,000 - $159

(B) $5,001 - $50,000 - $159

(D) $500,001 - $1,000,000 - $381

(E) $1,000,001 - $5,000,000 - $571

(F) $5,000,001 - $10,000,000 - $759

(G) Greater than $10,000,000 - $950

History

Statutory/Other Authority: ORS 561.190, ORS 616 & ORS 621
Statutes/Other Implemented: ORS 621.161, ORS 621.166 & OL 2021, Ch. 564
DOA 9-2022, amend filed 05/12/2022, effective 05/16/2022
DOA 14-2021, amend filed 04/15/2021, effective 05/01/2021
DOA 2-2020, amend filed 02/27/2020, effective 02/28/2020
DOA 11-2018, amend filed 03/12/2018, effective 03/12/2018
DOA 8-2006, f. & cert. ef. 3-10-06
DOA 6-2002, f. & cert. ef. 1-28-02
AD 18-1991, f. & cert. ef. 12-5-91
AD 8-1991(Temp), f. & cert. ef. 7-29-91
AD 9-1990, f. & cert. ef. 5-7-90
AD 6-1989, f. & cert. ef. 5-11-89
AD 6-1982, f. & ef. 5-20-82

Or. Admin. R. 603-024-0235 New License Payments; Mobile Milk Tanker and Dairy Products Plant License Expiration; Operating without a License

(2) Each license shall expire on June 30 next following the date of issuance.

(3) The department will collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th calendar day after the license expiration date.

(4) If the license fee is $100 or less, the delinquent renewal penalty shall be $30 or the amount of the fee, whichever amount is less.

(5) If the license fee is greater than $100, the delinquent renewal penalty shall be 30 percent of the amount of the license fee.

(6) The department will send a notice to all licensees who fail to renew their license by the 30th calendar day after their license expires, that a delinquent renewal penalty will be collected if their license fee is not paid before the 60th calendar day after the license expires.

(7) The department will send a notice to all licensees who have failed to renew their license by the 60th calendar day after their license expires, that a delinquent renewal penalty must be paid in addition to the license fee before the license is renewed.

(8) The department will waive the delinquent renewal penalty if:

(a) The licensee's failure to renew the license prior to the 60th calendar day was caused entirely or in part by a department error or omission; or

(9) The delinquent renewal penalty will be assessed in addition to any other penalty or liability, provided by law, for engaging in an activity licensed by the department without obtaining and maintaining a valid license.

(10) A previously licensed dairy products plant will be considered to be operating without a license if it fails to renew the license by the 90th calendar day after the license expires.

(11) If a person fails to obtain a required license, or if a person’s required license lapses, the Department may order the closure of such person’s operations. In ordering the closure of a person’s operations for failing to obtain a required license or allowing a required license to lapse, the Department shall follow the procedures set forth in OAR 603-025-0520 to 603-025-0535.

History

Statutory/Other Authority: ORS 561.190, 616, & 621
Statutes/Other Implemented: ORS 561.300, ORS 616.706 & ORs 621.166
DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021
DOA 11-2018, adopt filed 03/12/2018, effective 03/12/2018

Or. Admin. R. 603-024-0323 Testing Procedures and Equipment

All tests of milk and milk products shall be performed in accordance with standards established in Association of Agricultural Chemists (AOAC) or the 1992, 16th Edition of Standard Methods for the Examinations of Dairy Products, Chapter 5, 6, 10 & 12. Procedures or tests not found in AOAC or Standard Methods for the Examination of Dairy Products may only be used if approved by the Department.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 651 & 621
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0379 Grading Period; Regular and New Producers (non-grade A)

(1) The operator of a milk products plant or licensed grader in each plant, upon receiving the first shipment of milk from a new producer must:

(a) Immediately sample and test such milk for temperature as required under this rule; and

(b) Within 14 days shall sample and subject the milk from such producer to the bacteriological test and the abnormal milk test.

(2) No person and no producer may sell or offer for sale any milk, once his milk has been graded unlawful, until such milk has been released from such grade by compliance with applicable grade standard.

(3) All producers beginning operation after March 1, 2002, shall be licensed as a Grade A Producer and shall meet the requirements of a Grade A Producer as outlined in the PMO.

History

Statutory/Other Authority: ORS 561.190, 621.201 & 621.236
Statutes/Other Implemented: ORS 621.201 & 621.236
DOA 6-2002, f. & cert. ef. 1-28-02
AD 899(19-68), f. 10-24-68, ef. 1-1-69

Or. Admin. R. 603-024-0490 Qualifications

(1) Applicants for dairy operators’ licenses shall be:

(a) Able to read and write legibly;

(b) At least 18 years of age;

(2) Applicants for a High Temperature Short Time (HTST) pasteurizer operator licenses shall be required to have at least two months practical experience in helping to operate pasteurization equipment. There shall be no waiting period for applicants for a vat pasteurizer license or sampler/grader license.

History

Statutory/Other Authority: ORS 621
Statutes/Other Implemented: ORS 621.266
DOA 6-2002, f. & cert. ef. 1-28-02
AD 471, f. 9-2-54, ef. 8-1-54

Or. Admin. R. 603-024-0492 Examination of Applicant

(1) Written examination shall include questions relating to:

(a) Knowledge of laws and regulations relating to activity for which the license is desired;

(b) Theory and practice involved in the performance of the licensed activity.

(2) Practical examination shall include demonstration of ability to:

(a) Make required quality control tests;

(b) Operate required equipment;

(d) Care, cleaning, and maintenance of equipment and utensils involved in the licensed activity.

History

Statutory/Other Authority: ORS 621
Statutes/Other Implemented: ORS 621.266
AD 471-1954, f. 9-2-54, ef. 8-1-54

Or. Admin. R. 603-024-0494 Examination Grade Required for Licensing

(1) The examination shall have a total of 100 possible points, 50 of which shall be on the written examination, and the other 50 points on the practical examination.

(2) A total grade of at least 80 out of the 100 possible points is required to pass the examination for a dairy operators’ lifetime license.

(3) A score of 40 or more is required for a passing grade on the written or practical examination.

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.266
AD 8-1980, f. & ef. 11-20-80
AD 471, f. 9-2-54, ef. 8-1-54

Or. Admin. R. 603-024-0500 Definitions

As used in OAR 603-024-0505 to 603-024-0535:

(1) “Licensed Sampler” means a person holding a valid license issued by the Department under ORS 621.072, to collect milk samples and to carry out other authority and duty as set forth by law and regulation.

(2) “Official Test” means milk sampled and tested for its milk fat content, as set forth in OAR 603-024-0323.

History

Statutory/Other Authority: ORS 561.190 & 621.750
Statutes/Other Implemented: ORS 621.750
DOA 6-2002, f. & cert. ef. 1-28-02
AD 916(2-70), f. 3-5-70, ef. 4-1-70
AD 803(10-65), f. & ef. 8-16-65

Or. Admin. R. 603-024-0505 Request for Official Testing

A request for official testing of milk shall only be made on forms furnished by the Department. The request must be received at least five days before the beginning date of the test period (test period used by dealer or handler) desired to be covered. Any request not received within this period shall be considered to be a request for official testing of milk for the next test period.

History

Statutory/Other Authority: ORS 561.190 & 621.750
Statutes/Other Implemented: ORS 621.750
AD 803(10-65), f. & ef. 8-16-65

Or. Admin. R. 603-024-0510 Sampling and Testing of Milk; Producers

(1) The sampling and testing procedures to be followed by the Department and other persons affected thereby, shall be in accordance with the requirements and procedures set forth in OAR 603-024-0323, except as otherwise prescribed in 603-024-0500 to 603-024-0535.

(2) In the sampling of milk, at least four ounces of milk shall be drawn by a licensed sampler.

(3) The licensed sampler shall immediately divide (split) such sample with the producer whose milk is being sampled and tested, by placing approximately one-half of the milk in a separate jar containing a preservative tablet furnished by the Department for this specific purpose.

(4) The licensed sampler shall immediately fill out a sample form, furnished by the Department. Such form shall be signed by both the producer and the licensed sampler immediately after the sample is taken.

(5) The sample to be forwarded to the Department shall be placed in the shipping container furnished by the Department. The licensed sampler shall write the sample date, initial, or sign the seal, and then witness the act of the producer also placing his initial or signature thereon, as further provided or required by the Department.

(6) The producer shall, within 24 hours after the sample is taken as prescribed in this rule, mail the container and sample at his own expense, to the Department.

(7) The licensed sampler shall handle and dispose of the handler’s or dealer’s portion of the milk sampled, as prescribed and required in regulations OAR 603-024-0323.

History

Statutory/Other Authority: ORS 561.190 & 621.750
Statutes/Other Implemented: ORS 621.750
DOA 6-2002, f. & cert. ef. 1-28-02
AD 803(10-65), f. & ef. 8-16-65

Or. Admin. R. 603-024-0515 Adjustments Resulting From Testing

(1) If the official test performed and carried out by the Department varies by more than one-tenth of one percent from the test made by the dealer, handler, or purchaser, the Department shall forward the results of such test and an order to such dealer, handler, or purchaser and requiring such person to make adjustment or payment for the period during which such official tests were made. (Also refer to applicable law.)

(2) If the test or tests were made for milk sold or delivered by a producer to a dealer, handler, or purchaser, the adjustments or proper payment as ordered by the Department shall be made by the affected dealer, handler, or purchaser to the producer. Such adjustment or proper payment shall be made at the next time that producers are paid for milk delivered, or not less than 20 days after the date of the order, whichever date is the lessor.

History

Statutory/Other Authority: ORS 561.190 & 621.750
Statutes/Other Implemented: ORS 621.750
AD 803(10-65), f. & ef. 8-16-65

Or. Admin. R. 603-024-0520 Additional Instructions and Requirements

It must be recognized that in the implementation of Chapter 474, Oregon Laws 1965, and the fact that this is a new program, the Department, in the promulgation of regulations as set forth in OAR 603-024-0500 to 603-024-0535, cannot cover all the necessary details or provisions relating thereto. The Department, in addition to such rules, reserves the right to require other reasonable procedures relating to this program. Included in and accompanying the package unit and/or container or containers which will be forwarded to a producer for the purpose of placing samples of milk therein and mailing the same to the Department, will be further instructions as to the required sampling and handling of milk. The producer and the licensed sampler shall comply with such instructions.

History

Statutory/Other Authority: ORS 561.190 & 621.750
Statutes/Other Implemented: ORS 621.750
AD 803(10-65), f. & ef. 8-16-65

Or. Admin. R. 603-024-0525 Deduction and/or Payment for Sampling and Testing

(1) If, as a result of sampling and testing of milk, the Department, under the provisions of subsection (2) of Section 4 of Chapter 474, Oregon Laws 1965, forwards an itemized statement or other similar form covering the cost of sampling and testing, the first handler or licensee who receives such form shall make the deduction from the producer in the manner and at the time set forth in ORS 583.046. The first handler or licensee, on forms furnished by the Department for this purpose, shall transmit such amount to the Department as further set forth under ORS 583.046 or regulations thereunder.

(2) If there is no first handler or licensee available, the Department, in lieu thereof, or in its option in any other case, shall forward the itemized statement to the person who requested and received the services authorized by Chapter 474, Oregon Laws 1965. Payment by such person (due date) shall be made to the Department as required by law, ORS 561.410, and regulations thereunder.

History

Statutory/Other Authority: ORS 561.190 & 621.750
Statutes/Other Implemented: ORS 621.750
AD 803(10-65), f. & ef. 8-16-65

Or. Admin. R. 603-024-0530 Fees for Samples

A fee of $10 per sample drawn, as provided in OAR 603-024-0510 or 603-024-0535, is hereby established to be paid to the Department to defray the cost thereof.

History

Statutory/Other Authority: ORS 561.190 & 621.750
Statutes/Other Implemented: ORS 621.750
AD 3-1987, f. & ef. 2-13-87
AD 803(10-65), f. & ef. 8-16-65

Or. Admin. R. 603-024-0535 Sampling and Testing of Milk; Other Than for Producers

(1) Special sampling and testing of milk for persons other than producers, as set forth in Chapter 474, Oregon Laws 1965, will be made by the Department at the request of such persons.

(2) The applicable provisions of OAR 603-024-0500 to 603-024-0535 apply, except where otherwise specified or set forth by the Department as special procedures and instructions. The payment for such services shall be made by the person requesting the service.

History

Statutory/Other Authority: ORS 561.190 & 621.750
Statutes/Other Implemented: ORS 621.750
AD 803(10-65), f. & ef. 8-16-65

Or. Admin. R. 603-024-0543 Labeling

All final delivery containers used for the sale of fluid milk or any product of fluid milk for which a standard of identity has been established shall be plainly labeled and marked as described in OAR 603-024-0017 and the requirements listed below:

(1) If the contents are raw:

(a) The words “This product has not been pasteurized, may contain disease producing organisms,” immediately preceding or following the standard of identity name as set forth in OAR 603-024-0019(24);

(b) The wording prescribed in subsection (a) of this section shall be in bold-face type not less than one-fourth (1/4) inch in height; and

(c) The wording prescribed in subsection (a) of this section shall not be obscured either wholly or in part by the open date labeling (pull date) or the price declarations.

(2) Raw milk and raw milk products displayed for sale at retail shall not be commingled with pasteurized milk or pasteurized milk products and shall be physically separated therefrom.

(3) The phrase “within the limits of good manufacturing practice” refers to a reasonable deviation from the declared standard or label claim.

(4) Identity of the milk plant at which the contents are pasteurized and bottled. In case of a nonprocessing distributor, a code number assigned by the department may be used in lieu of the name and address of the milk plant at which the milk is pasteurized and bottled.

(5) The label shall show the list of ingredients, including the common name of edible stabilizers or emulsifiers if stabilizers or emulsifiers have been added. When modified starch is added as an optional ingredient, the product name on the principal display panel shall be immediately followed by the terms “with starch” or “with starch added.” The following product grouping may be listed by their common name:

(a) Skim milk, concentrated skim milk, and nonfat dry milk may be declared as “skim milk”;

(b) Milk, concentrated milk, and dried milk may be declared as “milk”;

(c) Bacterial cultures may be declared by the word “cultured” followed by the name of the substrate; e.g., “made from cultured skim milk or cultured buttermilk”;

(d) Sweetcream buttermilk, concentrated sweetcream buttermilk, and dried sweetcream buttermilk may be declared as “buttermilk”;

(e) Cheese whey, concentrated cheese whey, and dried cheese whey may be declared as “whey”;

(f) Cream, dried cream, and plastic cream (sometimes known as concentrated milkfat) may be declared as “cream”;

(g) Butteroil and anhydrous butterfat may be declared as “butter”;

(h) Dried whole eggs, frozen whole eggs, and liquid whole eggs may be declared as “eggs”;

(i) Dried egg whites, frozen egg whites, and liquid egg whites may be declared as “egg whites”;

(j) Dried egg yolks, frozen egg yolks, and liquid egg yolks may be declared as “egg yolks”;

(k) Sugar (sucrose) shall be declared as “sugar,” and invert sugar may be declared as “sugar.”

(6) Sweeteners derived from corn may be declared as “corn sweeteners.”

(7) Labeled grade of milk product shall not be higher than the lowest grade of any one constituent of fluid milk of which it is composed.

(8) Any labeled statement and illustration on final delivery containers for comparing the mineral and vitamin nutritive value of fluid milk or milk products are identified in OAR 603-024-0017 with each other of other foods shall be accompanied by a statement identifying the source of the labeled nutritive comparison claims.

History

Statutory/Other Authority: ORS 561.190, 621.060, 621.311 & 621.405
Statutes/Other Implemented: ORS 621.060
DOA 6-2002, f. & cert. ef. 1-28-02
AD 21-1993, f. & cert. ef. 12-15-93
AD 3-1987, f. & ef. 2-13-87

Or. Admin. R. 603-024-0544 Advertising and Display

(1) Advertising of fluid milk products shall be deemed to be false if it is false or misleading in any particular;

(2) Advertising of fluid milk products as to price shall include quantity and the standard of identity name set forth in OAR 603-024-0017;

(3) Advertising of fluid milk products as to nutritional claims shall include the standard of identity name set forth in OAR 603-024-0017; and

(4) Violation of this section shall be deemed to be false advertising under ORS 616.060.

History

Statutory/Other Authority: ORS 561, 616 & 621
Statutes/Other Implemented: ORS 621.060
DOA 6-2002, f. & cert. ef. 1-28-02
AD 18-1981, f. & cert. ef. 7-23-81
AD 1044-1974, f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0603

Or. Admin. R. 603-024-0547 License Fees Relating to Fluid Milk

As provided in ORS 621.070, a person shall not use any grade designation in any manner connected with the sale of fluid milk unless the department has licensed the person to use the grade designation. Pursuant to ORS 621.072, the department is authorized to issue rules establishing license fee schedules for milk samplers and graders; milk haulers; producer-distributors, distributors and nonprocessing distributors; and producers. The department may determine license fees for producer-distributors, distributors, nonprocessing distributors, and producers based on the license applicant’s annual gross dollar volume of sales and services in Oregon. The annual license fees for the various categories of activities relating to fluid milk are as follows:

(1) Sampler-Grader, as defined in OAR 603-024-0019(6)(a): $30

(2) Grade A producer-distributor, as defined in ORS 621.003(19) (annual gross dollar volume of sales):

(a) $0 - $5,000 - $159

(b) $5,001 - $50,000 - $159

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 - $10,000,000 - $759

(g) Greater than $10,000,000 - $950

(3) Distributor, as defined in as defined in ORS 621.003(7)-(8) (annual gross dollar volume of sales):

(a) $0 - $5,000 - $159

(b) $5,001 - $50,000 - $159

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 - $10,000,000 - $759

(g) Greater than $10,000,000 - $950

(4) Grade A nonprocessing distributor, as defined in ORS 621.003(16) (annual gross dollar volume of sales):

(a) $0 - $5,000 - $159

(b) $5,001 - $50,000 - $159

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 - $10,000,000 - $759

(g) Greater than $10,000,000 - $950

(5) Producer, as defined in ORS 621.003(18) (annual gross dollar volume of sales):

(a) $0 - $5,000 - $159

(b) $5,001 - $50,000 - $159

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 - $10,000,000 - $759

(g) Greater than $10,000,000 - $950

(6) Milk hauler, as defined in ORS 621.003(15): $29

(7) Vat pasteurizer operator, as defined in OAR 603-024-0019(6)(c):

(a) License fee of $50.00 as authorized in ORS 621.266; and

(b) For a license beginning on or after July 1, 2022, an additional fee of $4.00 as authorized in Or Laws 2021, chapter 564; and

(8) HTST pasteurizer operator, as defined in OAR 603-024-0019(6)(b):

(a) License fee of $50.00 as authorized in ORS 621.266; and

(b) For a license beginning on or after July 1, 2022, an additional fee of $4.00 as authorized in Or Laws 2021, chapter 564; and

History

Statutory/Other Authority: ORS 561.190, ORS 616 & ORS 621
Statutes/Other Implemented: ORS 621.070, OL 2021, Ch. 564, ORS 621.072 & ORS 621.266
DOA 9-2022, amend filed 05/12/2022, effective 05/16/2022
DOA 14-2021, amend filed 04/15/2021, effective 05/01/2021
DOA 3-2020, minor correction filed 03/05/2020, effective 03/05/2020
DOA 2-2020, amend filed 02/27/2020, effective 02/28/2020
DOA 11-2018, amend filed 03/12/2018, effective 03/12/2018
DOA 8-2006, f. & cert. ef. 3-10-06
AD 18-1991, f. & cert. ef. 12-5-91
AD 8-1991(Temp), f. & cert. ef. 7-29-91
AD 9-1990, f. & cert. ef. 5-7-90
AD 6-1989, f. & cert. ef. 5-11-89
AD 6-1982, f. & ef. 5-20-82

Or. Admin. R. 603-024-0549 New License Payments; Fluid Milk-Related License Expiration; Operating without a License

(2) Each license shall expire on June 30 next following the date of issuance.

(3) The department will collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th calendar day after the license expiration date.

(4) If the license fee is $100 or less, the delinquent renewal penalty shall be $30 or the amount of the fee, whichever amount is less.

(5) If the license fee is greater than $100, the delinquent renewal penalty shall be 30 percent of the amount of the license fee.

(8) The department will waive the delinquent renewal penalty if:

(a) The licensee's failure to renew the license prior to the 60th calendar day was caused entirely or in part by a department error or omission; or

(10) A previously licensed milk sampler and grader; milk hauler; producer-distributor, distributor and nonprocessing distributor; or producer will be considered to be operating without a license if it fails to renew the license by the 90th calendar day after the license expires.

History

Statutory/Other Authority: ORS 561, 616 & 621
Statutes/Other Implemented: ORS 561.300, 616.706 & 621.072, ORS 616.706 & ORS 621.072
DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021
DOA 11-2018, adopt filed 03/12/2018, effective 03/12/2018

Or. Admin. R. 603-024-0551 License Fees for Frozen Dessert Wholesalers

As provided, in ORS 621.335, a person engaged in the business of freezing or making frozen desserts and then selling those frozen desserts at wholesale must obtain a license from the department. The annual license fee for a frozen dessert wholesaler, as defined in ORS 621.003(12), is $60.

History

Statutory/Other Authority: ORS 561.190, 616 & 621
Statutes/Other Implemented: ORS 621.335
DOA 11-2018, adopt filed 03/12/2018, effective 03/12/2018

Or. Admin. R. 603-024-0554 Laboratory Certification

Certificate to perform specific tests or analyses on specific products shall be issued on receipt of application and $50 fee for the first test and $10 each for additional tests and following an approved survey or split sampling for such tests. The total fee shall not exceed $100. Laboratories must apply for a license with the Department on the specified form in order to be certified. A certified laboratory may be limited to a specific test, to a specific method, and to specific products by the Department.

History

Statutory/Other Authority: ORS 561.190 & 621.072
Statutes/Other Implemented: ORS 621.072
DOA 6-2002, f. & cert. ef. 1-28-02
AD 951(18-71), f. 9-27-71, cert. ef. 10-15-71, Renumbered from 603-024-0611.5

Or. Admin. R. 603-024-0557 Sampling of Milk and Milk Products

The sampling and standards for the examination and testing of milk and milk products shall be as described in OAR 603-024-0211 and 603-024-0323.

History

Statutory/Other Authority: ORS 651 & 621
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0572 Sampling Standard

Sampling standard means during any consecutive six months the collection and examination or testing of at least four samples of milk and milk products in at least four separate months. Except that when 3 months show a month containing 2 sampling dates separated by at least 20 days.

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 6-2002, f. & cert. ef. 1-28-02
AD 8-1980, f. & cert. ef. 11-20-80
AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0622.5
AD 883(13-68), f. & cert. ef. 7-1-68
AD 630, f. & cert. ef. 1-19-60

Or. Admin. R. 603-024-0580 The Collection, Transportation and Analysis of Milk Samples

Sampling, bacterial plate counts, coliform counts, temperature test, phosphatase test, somatic cell tests, and other laboratory tests used in the examination of milk and milk products to determine standards of quality shall conform to the procedures as contained in the latest edition of “Standard Methods for the Examination of Dairy Products” published by the American Public Health Association or to any other method approved by the Department. Such examination may include such other chemical and physical analyses as the Department may deem necessary.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 6-2002, f. & cert. ef. 1-28-02
AD 8-1980, f. & cert. ef. 11-20-80, Renumbered from 603-024-0630.5
AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74
AD 883(13-68), f. & cert. ef. 7-1-68
AD 630, f. & cert. ef. 1-19-60

Or. Admin. R. 603-024-0581 Standards for Licensed Milk Samplers and Graders

Tank truck drivers and milk plant personnel licensed to officially sample milk from farm bulk milk tanks or producer containers at receiving plants shall use the procedures described in OAR 603-024-0211.

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 6-2002, f. & cert. ef. 1-28-02
AD 8-1980, f. & cert. ef. 11-20-80, Renumbered from 603-024-0631.5
AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74
AD 630, f. & cert. ef. 1-19-60

Or. Admin. R. 603-024-0582 Bacteria, Coliform, Somatic Cell, and Temperature Test Violations

Whenever two of the last four consecutive bacteria counts, coliform determinations, somatic cell counts, or cooling temperatures, taken on separate days, exceed the limit of the standard for the milk or milk product, the Department shall send a written notice thereof to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within twenty-one days of the sending of such notice, but not before the lapse of three days. Immediate suspension of grade shall be instituted whenever the standard is violated by three of the last five bacteria counts, coliform determination, somatic cell counts, or cooling temperatures. No action is taken if the last test is within the grade limit. Cultured products are exempt from the standard plate count.

History

Statutory/Other Authority: ORS 561.190, 621.060 & 621.073
Statutes/Other Implemented: ORS 621.060 & 621.073
DOA 24-2018, amend filed 09/10/2018, effective 09/10/2018
DOA 6-2002, f. & cert. ef. 1-28-02
AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0632.5
AD 630, f. & cert. ef. 1-19-60

Or. Admin. R. 603-024-0584 Sediment Test

(1) If upon examination the Department or grader shall obtain a sediment test which is in excess of a No. 2 sediment standard, the Department shall give the licensee a written notice of such fact. An additional sample shall be taken after an interval of not less than three days and if the test of the additional sample is also in violation of the sediment standard of the licensed grade then held, the licensee shall be given a written notice to suspend the sale, exposure, or offering for sale of such grade of milk for a specified period, or until such time that another test of the milk shall show the sediment content within the standard for the licensed grade.

(2) Milk or cream showing a sediment test in excess of a No. 3 sediment standard is deemed to be unlawful milk and the grader shall immediately affix to the container thereof a condemnation tag, which shall be in such form as the Department may prescribe, and in addition thoroughly mix with that milk such harmless red food coloring matter as will prevent the same from being sold, offered, or exposed for sale for human consumption in accordance with ORS 621.085.

History

Statutory/Other Authority: ORS 561.190, 621.060 & 621.261
Statutes/Other Implemented: ORS 621.060 & 621.261
AD 630-1960, f. 1-19-60, Renumbered from 603-024-0634
Repealed by AD 630, f. 1-19-60
AD 474, f. 9-2-54, ef. 8-1-54

Or. Admin. R. 603-024-0585 Suspension Order

(1) Whenever the department is presented epidemiological evidence as determined by the Health Division of the Department of Human Resources which indicates that raw milk from a licensed raw milk producer-distributor is the suspected source of human infection, the department shall issue an order immediately suspending the sale of such milk unless it is first diverted to a pasteurization plant. In addition, the department shall order that all raw milk produced by the producer-distributor be immediately seized, detained or embargoed pursuant to ORS 561.605 to 561.620. The producer-distributor may appeal the department’s order as provided in ORS 561.605 to 561.620.

(2) Unless otherwise directed, the order shall remain in effect until herd testing and genetic fingerprinting either support or are inconsistent with the epidemiological evidence. If subsequent heard testing supports the epidemiological link, the department’s order suspending raw milk sales shall remain in effect until the producer-distributor satisfactorily documents that it has complied with the protocols in section (3) of this rule. If subsequent herd testing does not support the epidemiological link, the department shall lift the suspension order, allowing raw milk sales to resume.

(3) The protocols for re-establishing raw milk sales are:

(a) The entire dairy herd tested as appropriate at the dairy’s expense;

(b) All samples must be collected by an accredited veterinarian and tested in a laboratory acceptable to the department.

History

Statutory/Other Authority: ORS 561.190, 561.605 - 561.620, 616.220 & 621.072
Statutes/Other Implemented: ORS 561.605 - 561.620, 616.220 & 621.072
DOA 6-2002, f. & cert. ef. 1-28-02
AD 8-1995, f. & cert. ef. 4-14-95
AD 15-1994(Temp), f. & cert. ef. 9-9-94

Or. Admin. R. 603-024-0586 Suspension for Violation

If a violation of the grade standard for bacteria, temperature or coliform occurs within six months of any prior suspension for violation of the same standard, the license may be resuspended without benefit of the notice of violation and additional sampling, and without benefit of the three-day waiting period, if notice has been given within the six months that further violation of the same character will be grounds for further suspension.

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 6-2002, f. & cert. ef. 1-28-02
AD 8-1980, f. & cert. ef. 11-20-80
AD 676, f. 7-18-61, cert. ef. 8-11-61, Renumbered from 603-024-0635

Or. Admin. R. 603-024-0589 Abnormal Milk Standard and Test

(1) The abnormal milk standards for milk for manufacturing purposes shall be determined by examination or testing for total somatic cells (leukocyte count) of at least four samples of milk from each producer during every six-month period. The leukocyte count shall be determined by a Direct Microscopic Somatic Cell Count, an electronic somatic cell count, or any other test which will give comparable results and is approved by the department.

(2) The abnormal milk standard shall be determined in the following manner:

(a) A Direct Microscopic Somatic Cell Count or Electronic Somatic Cell Count shall be conducted on each producer's milk at least four times in each six-month period;

(b) A milk sample having a leukocyte count of 500,000 or more per milliliter (ml.) shall be deemed to be violative of the abnormal milk standard;

(c) The three out of five compliance method shall apply in the case of all abnormal milk showing 500,000 or more leukocytes per ml.;

(d) Whenever two of the last four consecutive leukocyte counts exceed the limit of the standards, the producer shall be given a warning letter which shall be in effect so long as two of the last four samples exceed the limit. An additional sample shall be taken within 21 days from the date of the notice, but not before the lapse of three (3) days. Milk shall be unlawful grade whenever the standard is violated by three of the last five leukocyte counts. No action is taken if the additional sample is within the standard (less than 500,000 cells per ml.). Release from unlawful grade is made with the first satisfactory sample.

(3) Cows which show an extensive induration of one or more quarters of the udder upon physical examination and/or secreting abnormal milk shall be temporarily excluded from the milking herd. Cows giving bloody, stringy, or abnormal milk shall be excluded from the herd until re-examination shall show that the milk has become normal.

(4) Milk from quarters of cow's udder treated with antibiotics for udder infection shall be withheld from the market according to manufacturer's recommendation.

History

Statutory/Other Authority: ORS 651 & 621
Statutes/Other Implemented: 621.060
DOA 19-2023, amend filed 05/11/2023, effective 05/22/2023
DOA 6-2013, f. & cert. ef. 4-26-13
DOA 6-2002, f. & cert. ef. 1-28-02

Or. Admin. R. 603-024-0590 Dairy Farm and Milk Plant Inspection

(1) If, upon inspection of a dairy farm or milk plant by the Department, a violation of any item of sanitation as contained herein for the licensed grade then held is noted on two successive inspections made not less than three days apart, and notice has been given within six months of the second violation that further violation will be grounds for suspension, the license permitting use of the specified grade designation with milk or milk products may be suspended for a specific period of time which in no case shall exceed ten days.

(2) A copy of all inspection reports will be posted by the Department in a conspicuous place on an inside wall of the licensee’s farm or milk plant, as the case may be, and shall not be defaced or removed without approval of the Department.

(3) A producer, producer-distributor, or distributor found in violation of any requirement(s) shall be notified by inspection report or in writing and given a reasonable time to correct such violation(s) before a second inspection is made. The requirement of giving written notice shall be deemed to have been satisfied by the handing to the operator, or by posting of, an inspection report required by this section. After receipt of a notice of violation, but before the allotted time has elapsed, the producer, producer-distributor, or distributor shall have an opportunity to contact the chief of the inspection agency to question the items marked in violation or for requesting an extension of the time allowed for correction.

(4) Whenever a producer, producer-distributor, or distributor ceases to operate under a current license, such license privileges are deemed suspended unless again authorized by an approval inspection.

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 6-2002, f. & cert. ef. 1-28-02
AD 8-1980, f. & cert. ef. 11-20-80
AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0638.5
AD 883(13-68), f. & cert. ef. 7-1-68
AD 676, f. 7-18-61, cert. ef. 8-11-61
AD 630, f. & cert. ef. 1-19-60

Or. Admin. R. 603-024-0592 Examination for Somatic Cells

Examination of milk and enforcement of the standard for Grade A milk and milk products shall be as follows:

(1) A Wisconsin mastitis test or D.M.S.C.C. shall be conducted on each producer's or producer-distributor's raw milk at least four times during separate months in each six-month period.

(2) Except for the standard set forth in section (5) of this rule, a milk sample having a somatic cell count of 500,000 or more per milliliter (ml.) shall be deemed to be violative of the somatic cell standard.

(3) Except for the standard set forth in section (5) of this rule, the three-out-of-five compliance method shall apply in the case of all abnormal milk showing 500,000 or more somatic cells per ml. except that a period of no more than three days shall be allowed between warning notice and the taking of the next official test (including a D.M.S.C.C. for enforcement purposes).

(4) Except for the standard set forth in section (5) of this rule, whenever two of the last four consecutive somatic cell counts exceed the limit of the standard, the producer shall be given a warning letter which shall be in effect so long as two of the last four samples exceed the limit. An additional sample shall be taken but not before the lapse of three days. Immediate suspension of the milk shall be instituted whenever the standard is violated by three of the last five somatic cell counts. No action shall be taken if the additional sample is within the standard (less than 500,000 cells per ml.). Release from suspension shall be made with first satisfactory sample.

(5) A sample of goat's milk having a somatic cell count of 1,500,000 or more per milliliter (ml.) or sheep’s milk having a somatic cell count of 750,000 or more per milliliter (ml.) shall be deemed to be violative of the somatic cell standard. Otherwise, the provisions of this section apply to goat's and sheep’s milk.

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 19-2023, amend filed 05/11/2023, effective 05/22/2023
DOA 6-2013, f. & cert. ef. 4-26-13
DOA 8-2012, f. 4-13-12, cert. ef. 7-1-12
DOA 6-2002, f. & cert. ef. 1-28-02
AD 10-1986, f. & cert. ef. 6-11-86
AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0639.5
AD 883(13-68), f. & cert. ef. 7-1-68

Or. Admin. R. 603-024-0594 Drug Residue Test; Violation of Test

(1) Antibiotic tests on each producer’s milk or on commingled raw milk shall be conducted at least four times during any consecutive six months. When commingled milk is tested, all producers shall be represented in the samples. All individual sources of milk shall be tested when test results on the commingled milk are positive.

(2) Violation of the drug residue test shall be cause for immediate license suspension, which shall be effective until a sample is received which shows a negative result. Such notice of suspension is subject to review in the manner provided by ORS 183.484.

(3) After a third violation in a twelve-month period, the Department shall initiate proceedings to revoke the producer’s Grade “A” license pursuant to ORS 183.

History

Statutory/Other Authority: 621.060, 621.073 & ORS 561.190
Statutes/Other Implemented: ORS 621.060 & 621.073
DOA 24-2018, amend filed 09/10/2018, effective 09/10/2018
DOA 13-2016, f. & cert. ef. 6-20-16
DOA 6-2002, f. & cert. ef. 1-28-02, Renumbered from 603-024-0640.5
AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74
AD 883(13-68), f. & cert. ef. 7-1-68

Or. Admin. R. 603-024-0596 Grading

(1) Each shipment or pick-up of grade A fluid milk shall be graded as to its acceptable quality by a licensed sampler/grader. If it is not acceptable and is rejected as unfit for grade A use, a record (forms supplied by the Department) is to be made showing:

(a) Producer’s name and number;

(b) Market or pooling agent;

(d) Quantity;

(e) Cause for rejection;

(f) Disposition of the rejected milk.

(2) The original copy of the record is to be forwarded to the Department, Food and Safety Division, not later than seven days following the rejection.

History

Statutory/Other Authority: ORS 561.190, 621.060 & 621.261
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 6-2002, f. & cert. ef. 1-28-02
AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0641.5
AD 951(18-71), f. 9-27-71, cert. ef. 10-15-71

Or. Admin. R. 603-024-0598 Tests and Analyses

In addition to official laboratory results, certified laboratories using recognized standard methods may perform tests and analyses for standard plate count, coliform count, phosphatase, drug residues (antibiotics), added water (cryoscope), somatic cells, and potable water for which they are certified and such results may be acceptable as official. Tests and analyses of finished products performed by the processor of that product are not acceptable as official, unless approved by the Department.

History

Statutory/Other Authority: ORS 561.190, 621.060 & 621.261
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 6-2002, f. & cert. ef. 1-28-02
AD 951(18-71), f. 9-27-71, cert. ef. 10-15-71, Renumbered from 603-024-0642.5

Or. Admin. R. 603-024-0605 Health of Cows, Goats, and Sheep and Abnormal Milk

(1) In addition to the requirements of OAR 603-024-0211, all herds of cows goats and sheep producing milk for human consumption as defined in 603-024-0019 and for which a standard of identity has been established in 603-024-0017(2) shall be in compliance with the laws of the State of Oregon and regulations promulgated thereunder relating to tuberculosis and brucellosis.

(2) Raw Milk For Human Consumption: Goat and Sheep dairies selling raw milk for human consumption shall comply with the following:

(a) Brucellosis: All animals in the herd that are more than 6 months of age shall be tested for brucellosis at a lab approved by the Department at intervals of no more than 12 months.

(b) Tuberculosis: All animals in the herd that are more than 6 months of age shall be tested for tuberculosis at a lab approved by the Department at intervals of no more than 12 months.

(3) For other diseases such tests and examinations as the Department may require after consultation with the State Veterinarian shall be made at intervals and according to methods prescribed and any diseased animals shall be disposed of as may be required.

History

Statutory/Other Authority: ORS 561.190, 616.230 & 621.060
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 6-2013, f. & cert. ef. 4-26-13
DOA 6-2002, f. & cert. ef. 1-28-02
AD 3-1993, f. & cert. ef. 1-28-93
AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0656.01
AD 883(13-68), f. & cert. ef. 7-1-68

Or. Admin. R. 603-024-0613 Construction and Facilities of Milk House

A milk house shall be constructed and maintained in accordance with the following: The milk house used by retail raw milk dairies (producer-distributor) shall consist of two rooms separating the handling of milk and storage of cleaned utensils from the cleaning and other operations which shall be so located as to prevent any contamination of milk or of cleaned equipment. The facility shall comply with the requirements of OAR 603-024-0211. The milk house rooms shall be of adequate size subject to approval by the Department to satisfactorily handle the volume of milk to be cooled, bottled, capped, and the washing of utensils, containers, and equipment.

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 6-2013, f. & cert. ef. 4-26-13
DOA 6-2002, f. & cert. ef. 1-28-02
AD 9-1983, f. & cert. ef. 8-22-83
AD 8-1980, f. & cert. ef. 11-20-80
AD 1044(34-75), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0656.05
AD 883(13-68), f. & cert. ef. 7-1-68

Or. Admin. R. 603-024-0621 Utensils and Equipment Construction, Installation, and Use

Farm tanks in all new or replacement installations shall be equipped with an approved type recording thermometer with a temperature range of 32 degrees F. to 180 degrees F. and interval timers for agitation of the milk.

(1) Accuracy of the recording thermometer shall be within plus or minus two degrees. The recording device should be installed in an area convenient to the milk storage tank and acceptable to the regulatory agency. The sensor bulb or device shall be located so as to record the temperature of the milk in the tank before it reaches ten percent of the tank volume;

(2) The interval timer shall be set and adjusted so that the milk will be agitated not less than a five minute period with a frequency of at least once every two hours.

History

Statutory/Other Authority: ORS 561.190, 621.060 & 621.261
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 6-2002, f. & cert. ef. 1-28-02
AD 1070, f. & cert. ef. 11-20-75, Renumbered to 603-024-0621
AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74
AD 883(13-68), f. & cert. ef. 7-1-68

Or. Admin. R. 603-024-0640 Cooling

(1) Temperature recording charts approved by the Department shall be provided for farm tank recording thermometers. The pickup driver and licensed milk grader shall examine chart for temperature record and compliance with requirements at the time of receipt of the milk. He shall date, sign, and replace the old chart with a new one. The charts shall be kept for 90 days for observation by graders, sanitarians, and for other official purposes.

(2) Farm tanks in all new or replacement installations shall be equipped with approved type recording thermometers with a temperature range of 32 degrees F. to 180 degrees F. and interval timers for agitation of the milk:

(a) Accuracy of the recording thermometer shall be within plus or minus 2 degrees F. The recording device should be installed in an area convenient to the milk storage tank and acceptable to the regulatory agency. The sensor bulb or device shall be located so as to record the temperature of the milk in the tank before it reaches ten percent of the tank volume;

(b) The interval timer shall be set and adjusted so that the milk will be agitated not less than a five minute period with a frequency of at least once every two hours.

History

Statutory/Other Authority: ORS 561.190, 621.060 & 621.261
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 6-2013, f. & cert. ef. 4-26-13
DOA 6-2002, f. & cert. ef. 1-28-02
AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0656.19
AD 883(13-68), f. & cert. ef. 7-1-68

Or. Admin. R. 603-024-0641 Transportation of Milk and Milk Products and Surroundings

All producer Grade A raw milk for pasteurization must be picked up at least once each 72 hour period. In addition, to facilitate cleaning of the farm bulk tank, the tank shall be completely emptied once each 72 hour period.

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.060 & 621.261
DOA 13-2016, f. & cert. ef. 6-20-16
DOA 6-2002, f. & cert. ef. 1-28-02
AD 9-1983, f. & cert. ef. 8-22-83, Renumbered from 603-024-0656.20
AD 883(13-68), f. & cert. ef. 7-1-68

Or. Admin. R. 603-024-0741 Definitions and Standards for Frozen Desserts

In accordance with ORS 621.311, definitions and standards for frozen desserts adopted by the Food and Drug Administration of the United States Department of Health, Education and Welfare are hereby adopted as the definitions and standards of identity for frozen desserts in the State of Oregon. These definitions and standards are set forth in OAR 603-024-0017(2). In addition, no wholesaler shall sell, offer for sale or have in his possession with intent to sell a frozen dessert or frozen dessert mix to a retailer which has a bacteria count in excess of 50,000 per gram. Frozen desserts in which cultured milk is an ingredient shall not be required to meet any minimum bacteria count standards.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561, 616 & 621
Statutes/Other Implemented: ORS 621.311
DOA 6-2002, f. & cert. ef. 1-28-02
AD 8-1985, f. & ef. 9-20-85
AD 10-1984, f. & ef. 7-6-84
AD 3-1979, f. & ef. 3-13-79
AD 1075(21-75), f. & ef. 12-31-75

Or. Admin. R. 603-024-0746 New License Payments; Frozen Dessert Wholesaler License Expiration ; Operating without a License

(2) Each license shall expire on June 30 next following the date of issuance.

(3) The department will collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th calendar day after the license expiration date.

(4) The delinquent renewal penalty shall be $30.

(7) The department will waive the delinquent renewal penalty if:

(a) The licensee's failure to renew the license prior to the 60th calendar day was caused entirely or in part by a department error or omission; or

(9) A previously licensed frozen dessert wholesaler will be considered to be operating without a license if it fails to renew the license by the 90th calendar day after the license expires.

(10) If a person fails to obtain a required license, or if a person’s required license lapses, the Department may order the closure of such person’s operations. In ordering the closure of a person’s operations for failing to obtain a required license or allowing a required license to lapse, the Department shall follow the procedures set forth in OAR 603-025-0520 to 603-025-0535.

History

Statutory/Other Authority: ORS 561, 616 & 621
Statutes/Other Implemented: ORS 561.300, ORS 616.706 & ORS 621.335
DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021
DOA 11-2018, adopt filed 03/12/2018, effective 03/12/2018

Or. Admin. R. 603-024-0785 Frozen Yogurt Dessert Mix; Frozen Yogurt Dessert; Standards of Identity and Label Statements

In accordance with ORS 621.311, the following definitions and standards are established:

(1) “Frozen Yogurt Dessert Mix” or “Frozen Yogurt Mix” is the food prepared from the product identified in Title 21, CFR, Chapter 1, Section 131.200, except that the titratable acidity shall not be less than 0.20 percent, expressed as lactic acid, with or without added milk solids, flavoring, or seasoning, and which shall be free of molds, yeast, and other fungi, as well as other objectionable bacteria which may impair the quality of such product. Matured and wholesome fruit or approved flavors may be added for fruit, fruit flavored, or flavored yogurts. Addition of sugar is optional.

(2) “Frozen Yogurt Dessert” is a frozen product produced from a frozen yogurt dessert mix identified in section (1) of this rule and which complies with all the identity standards contained therein.

(3) Each of the products identified in sections (1) and (2) of this rule shall be labeled as provided in ORS 621.320.

(4) Compliance with the coliform standard shall be deemed to have been met if the number of coliform organisms does not exceed ten per gram per sample in more than two of the last five samples. No enforcement action shall be taken if the last sample is within the standard.

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.311
DOA 6-2002, f. & cert. ef. 1-28-02
AD 3-1987, f. & ef. 2-13-87
AD 5-1977, f. & ef. 3-14-77
AD 1104(25-76), f. & ef. 9-13-76

Or. Admin. R. 603-024-0795 Nondairy Frozen Dessert: Identity

Nondairy Frozen Dessert is the food prepared in accordance with the requirements adopted under OAR 603-024-0741, except that:

(1) It contains no milk, milkfat or milk solids.

(2) Its content of edible oil or fat is not less than two (2) percent.

(3) Its content of food solids is not less than 1.3 pounds per gallon.

(4) It may contain:

(a) Harmless edible stabilizers and emulsifiers;

(b) Nutritive carbohydrate sweeteners; or

(5) The name of the food is “Nondairy Frozen Dessert.”

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.311
AD 8-1985, f. & ef. 9-20-85

Or. Admin. R. 603-024-0796 Nondairy Frozen Dessert Mix: Identity

Nondairy Frozen Dessert Mix is the food, in a dry or concentrated form, used in the manufacture of a nondairy frozen dessert, which is prepared in accordance with the requirements of OAR 603-024-0795.

History

Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS 621.311
AD 8-1985, f. & ef. 9-20-85

Or. Admin. R. 603-024-0900 Purpose

History

Statutory/Other Authority: ORS 561.190 & 621.995
Statutes/Other Implemented: ORS 621.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-024-0910 Definitions

As used in OAR 603-024-0920 through 603-024-0930, unless otherwise required by the context, the following terms will be construed to mean:

(1) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction.

(2) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur.

(3) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences.

(6) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation.

(8) "Violation" means the failure to comply with any requirement of ORS 621.056, 621.057, 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.117, 621.122, 621.124, 621.161, 621.166, 621.183, 621.198, 621.207, 621.226, 621.259, 621.335, 621.340, 621.345, 621.418, 621.445 or 621.730, or any rules, regulations or standards adopted under ORS 621.060, 621.083, 621.096, 621.224 or 621.261.

History

Statutory/Other Authority: ORS 561.190 & 621.995
Statutes/Other Implemented: ORS 621.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-024-0920 Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190 or 621.991, the Department may impose a civil penalty with respective amounts for:

(1) Failure by a distributor, producer-distributor or dairy products plant licensee to employ a grader that accurately and impartially grades all milk or fluid milk purchased by the distributor, producer-distributor or licensee from producers before it is commingled with other milk or otherwise loses its identity pursuant to ORS 621.056. Penalty — $1,000 to $5,000.

(2) Violation of the grader recording requirements in ORS 621.057. Penalty — $100 to $5,000.

(3) The processing, distribution, sale or offer or exposure for sale fluid milk that does not conform to a standard of identity established by the Department as explained in ORS 621.062. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(4) The use of any grade designation on bottle caps, in advertising, on labels or in any other manner connected with the sale of fluid milk without a Department license for the person to use the grade designation as explained in ORS 621.070. Penalty — $5,000 to $10,000.

(5) Failure to obtain a license as required in ORS 621.072(2). Penalty — $5,000 to $10,000.

(6) Failure to obtain a license as required in ORS 621.072(4). Penalty — $1,000 to $5,000.

(7) Interference with a lawful inspection as authorized under ORS 621.072(5). Penalty — $5,000 to $10,000.

(8) Knowingly misrepresenting the annual gross dollar volume of sales and services by a license applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service records on a fiscal basis, the prior fiscal year, for the requirements of ORS 621.072 or 621.166. Penalty — $1,000 to $5,000.

(9) Violation of the requirements of ORS 621.076(1), relating to container labeling. Penalty — $5,000 to $10,000.

(10) Bottling unpasteurized fluid milk off of the premises where it is produced as explained in ORS 621.076(2). Penalty — $5,000 to $10,000.

(11) A producer or producer-distributor selling or offering for sale fluid milk during the period that the license of the producer or producer-distributor to use a grade designation on fluid milk has been suspended under ORS 621.072 or 621.073. Penalty — $5,000 to $10,000.

(12) A distributor knowingly purchasing fluid milk from any person whose license to use a grade designation has been suspended under ORS 621.072 or 621.073. Penalty — $5,000 to $10,000.

(13) A distributor knowingly purchasing fluid milk from any person other than a person licensed under ORS 621.072. Penalty — $5,000 to $10,000.

(14) Violation of the labeling requirements of ORS 621.076(6). Penalty — $1,000 to $5,000.

(15) A distributor, producer-distributor, dairy products plant licensee or any other purchaser of milk from producers failing to weigh, sample and test fluid milk purchased by them from producers in the same manner as milk and cream are weighed, sampled and tested under ORS 621.096. Penalty — $1,000 to $5,000.

(16) Violation of ORS 621.088, relating to milk or cream to which water has been added. Penalty — $5,000 to $10,000.

(17) Violation of ORS 621.117, relating to pasteurized milk and disease-free goat and sheep herds. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(18) Operating or permitting the operation of any pasteurization equipment except under the direct personal supervision of a person licensed as a pasteurizer operator under ORS 621.266. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(19) A distributor, producer-distributor or dairy products plant licensee selling, offering or exposing for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, except to another distributor, producer-distributor or dairy products plant licensee for the manufacture of milk, fluid milk or dairy products as explained in ORS 621.122(2). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(20) Except as permitted by ORS 621.003, 621.012, 621.060 and 621.076, a person knowingly selling, offering or exposing for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, except to a distributor, producer-distributor or dairy products plant licensee for the manufacture of milk, fluid milk or dairy products as explained in ORS 621.122(3). Penalty — $8,000 to $10,000.

(21) A distributor, producer-distributor or dairy products plant licensee selling, offering or exposing for sale any milk, fluid milk or dairy product processed or manufactured by the distributor, producer-distributor or licensee without all of the milk or cream constituents from cows having been pasteurized and all milk or cream constituents from goats or sheep were produced by a disease-free herd or have been pasteurized as explained in ORS 621.122(4). Penalty — $5,000 to $10,000.

(22) A person knowingly selling, offering or exposing for sale any dairy product without all of the milk or cream constituents of the product from cows have been pasteurized and all constituents from goats or sheep were produced by a disease-free herd or have been pasteurized as explained in ORS 621.122(5). Penalty — $8,000 to $10,000.

(23) A person falsely representing by word, design, device or by any other means that any milk, cream, fluid milk, dairy product, frozen dessert mix or frozen dessert has been pasteurized as explained in ORS 621.122(7). Penalty — $5,000 to $10,000.

(24) A distributor, producer-distributor or dairy products plant licensee failing to provide for the grading of all milk transported, received or purchased by the distributor, producer-distributor or licensee as required by ORS 621.056, 621.057, 621.084 and 621.226 and regulations adopted under ORS 621.096. Penalty — $1,000 to $5,000.

(25) A person altering, removing or tampering with any condemnation tag affixed by the Department or a grader pursuant to the provisions of ORS 621.203 or 621.226. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(26) Violations of the requirements of ORS 621.122(10), relating to sampling, weighing, and testing milk or cream. Penalty — $500 to $5,000.

(27) A person selling or offering or exposing for sale any fluid milk with knowledge that the milk has been produced from a herd of cows, sheep or goats, one or more of which were infected with brucellosis at the time the milk was produced, or with knowledge that not all the animals in the herd have been tested or retested for brucellosis in a manner approved by the Department as explained in ORS 621.124. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(28) Operating a dairy products plant without a valid license for that plant as explained in ORS 622.161. Penalty — $5,000 to $10,000.

(29) Violation of the license requirements of ORS 621.166. Penalty — $5,000 to $10,000.

(30) A person operating a dairy products plant or a physical facility of a distributor or producer-distributor that fails to conform to the standards prescribed pursuant to ORS 621.176 and 621.181, relating to disease and contamination prevention. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(31) A producer storing milk that is to be sold to a dairy products plant or to be used at a physical facility of a distributor or producer-distributor, in bulk storage tanks, equipment, buildings or other facilities that do not conform to the standards prescribed pursuant to ORS 621.193. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(32) A distributor, producer-distributor or dairy products plant licensee receiving or purchasing milk from a producer, that is stored in bulk storage tanks, equipment, buildings or other facilities that do not conform to the standards prescribed pursuant to ORS 621.193. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(33) A person other than an authorized employee or agent of the Department removing a condemnation tag or marking from a container as explained in ORS 621.207(1). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(34) A person placing any fluid milk, cream, milk or dairy product in a container bearing a condemnation tag or marking as explained in ORS 622.207(2). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(35) A person using the contents of a container that has been condemned to manufacture, process or bottle fluid milk, cream, milk or dairy products as explained in ORS 622.207(3). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(36) Failure of a grader to affix a condemnation tag and mix sufficient harmless red coloring matter with any milk, cream, dairy product or fluid milk when the milk, cream, dairy product or fluid milk is unlawful as described in ORS 621.226(2). Penalty — $500 to $5,000.

(37) Operating pasteurization equipment used by a distributor or producer-distributor or at a dairy products plant, and the distributor, producer-distributor or dairy products plant licensee fails to ensure that the pasteurization process is under the direct supervision of a pasteurizer operator licensed under ORS 621.266. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(38) A person engaging in the business of freezing or making frozen desserts and then selling those frozen desserts at wholesale without a license to carry on that business from the Department. Penalty — $5,000 to $10,000.

(39) A frozen dessert wholesaler selling, offering for sale or possessing with intent to sell a frozen dessert or frozen dessert mix that has an excessive bacteria count as established by rule of the Department. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(40) A person selling or offering for sale any product that the person represents to be a frozen dessert or that simulates or imitates the taste, texture or general composition of a frozen dessert unless the product conforms to the standard of identity for that frozen dessert established by rule of the Department pursuant to ORS 621.311. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(41) A person selling or offering for sale an imitation milk product that does not conform to a standard of quality and identity established by the Department as explained in ORS 621.418. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(42) Violation of ORS 621.445(1), relating to colored butter substitutes in any public eating place. Penalty — $100 to $500.

(43) A milk handler, dealer, licensee or purchaser of milk terminating or threatening to terminate the purchase of milk from a producer or seller, or taking or threatening to take other retaliatory action against a producer or seller of milk, because the producer or seller has exercised rights and privileges as authorized in ORS Chapter 621. Penalty — $1,000 to $5,000.

(44) Selling or offering for sale imitation milk products in the final delivery container that contain more than 20,000 bacteria per milliliter, 10 coliform per milliliter, or whose temperature exceeds 45 degrees Fahrenheit. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(45) Failure to maintain sanitation standards of OAR 603-024-0095. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(46) Violation of OAR 603-024-0379, relating to grading period of milk. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(47) Violation of OAR 603-024-0641, relating to transportation of milk and milk products. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

History

Statutory/Other Authority: ORS 561.190 & 621.995
Statutes/Other Implemented: ORS 621.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-024-0930 Penalty factors; procedure

(1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 621.995, the Department shall consider the following factors, which are listed in prioritized order:

(a) The immediacy and extent to which the violation threatens the public health or safety.

(b) Any prior violations of statutes, rules or orders pertaining to milk, dairy products or substitutes thereof.

(c) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation

(2) Each 24-hour a violation continues after the period of time established for compliance will be considered a separate violation unless the Department finds a different period of time is more appropriate to describe the specific violation event.

(3) Repeat violations of OAR 603-024-0910 will be assessed as three times the penalty amount in OAR 603-024-0910, not to exceed $10,000.

History

Statutory/Other Authority: ORS 561.190 & 621.995
Statutes/Other Implemented: ORS 621.995
DOA 2-2013, f. & cert. ef. 2-7-13

Division 25 FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES

Or. Admin. R. 603-025-0010 Definitions

In addition to the definitions set forth in ORS Chapter 616, the following shall apply in this Division 25:

(1) "Bulk Food" means unpackaged or unwrapped, processed or unprocessed food in aggregate containers from which quantities desired by the end user are withdrawn, but does not include fresh fruits, fresh vegetables, nuts in the shell, salad bar ingredients, or time/temperature controlled for safety foods.

(2) “Commercial food(s)” means food or food ingredient that has been processed by a licensed food establishment.

(3) "Corrosion-Resistant Materials" means those materials that maintain acceptable sanitary surface characteristics under prolonged contact with food, normal use of cleaning compounds, sanitizing solutions, and other normal conditions of usage.

(4) "Distressed Merchandise" means food which has had the label lost or destroyed, or which has been subjected to damage or possible damage due to accident, fire, flood, adverse weather, or to any other similar cause, and which may have been thereby rendered unsafe or unsuitable for human or animal consumption or use.

(5) “Domestic Kitchen” means the location in the operator’s residential dwelling where residential food preparation is conducted.

(6) "Easily Cleanable" means readily accessible and of such material, fabrication and finish that residues may be effectively removed by normal cleaning methods.

(7) "Employee" means any person working in a food establishment.

(8) “End user” means a person, who is a member of the public, who takes possession of food, and is not functioning in the capacity of an operator of a food establishment and does not offer the food for resale.

(9) "Equipment" means all display cases, storage cases, tables, counters, shelving, refrigerators, sinks, food processing preparation and packaging equipment, and any other items used in the operation of a food establishment.

(10) “Farm mix-type facility” means an establishment that is a farm and that engages in both activities that are exempt from registration under section 415 of the Federal Food, Drug, and Cosmetic Act and activities that require the establishment to be registered.

(11) "Food Source" means food shall be in a sound condition and safe for human consumption and shall be produced in compliance with applicable laws relating to food safety.

(12) "Food-Contact Surfaces" means those surfaces of equipment and utensils with which food normally comes into contact, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food.

(13) "Food Processing" or “processing” means the cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, freezing, or otherwise manufacturing a food or changing the physical characteristics of a food, and the packaging, canning or otherwise enclosing of such food in a container, but does not mean the sorting, cleaning, or water-rinsing of a food.

(14) "Food Retailing" or "Operating a Retail Food Store" means the preparing, packaging, storing, handling or displaying of food for sale at retail to the end user, and may include produce trimming, processed meat slicing, cheese slicing, preparing gutted and filleted fish, and providing retail customer services to change the form of food such as juice squeezing or peanut grinding (if more than one of these customer services is made available, the activities shall then be considered food processing rather than food retailing).

(15) "Food Service Establishment" means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided, whether consumption is on or off the premises and whether or not there is a charge for the food, and includes a delicatessen that offer prepared foods in individual service portions, but does not include a private home where food is prepared or served for individual family consumption, a retail food store, a food vending machine location or a supply vehicle.

(16) "Food Storage Warehouse" means any building or place where food is stored as a commercial venture or business, or stored in connection with or as a part of a commercial venture or business, but does not include a home, restaurant, rooming house, hotel or similar place where food is stored to be used or consumed by the owner or served to employees, customers, or guests, nor an establishment licensed by the Department under other laws.

(17) "Hazardous Substance" means a substance or mixture of substances which is toxic, corrosive, an irritant, flammable, which generates pressure through heat, decomposition or other means, which has been designated by the U.S. Food and Drug Administration as a strong sensitizer or a radioactive material, or which may cause substantial personal injury or substantial illness during or as a proximate result of any reasonable foreseeable handling or use, including reasonably foreseeable ingestion by children.

(18) "Hermetically Sealed Container" means a container which is designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its contents after processing.

(19) "Kitchenware" means all multi-use utensils other than tableware.

(20) "Non-Salvageable Merchandise" means distressed merchandise which cannot be safely or practically reconditioned.

(21) "Operator" means any person having the direct and primary responsibility for the construction, maintenance, and operation of a food establishment.

(22) "Packaged" means bottled, canned, cartoned, bagged, or otherwise completely wrapped.

(23) “Pet” means a “domestic animal” as defined in ORS 167.310 which is not a service animal.

(24) "Physical Facilities" means the structure and interior surfaces of a food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.

(25) "Plant" means the building or buildings or parts thereof, used for or in connection with the manufacturing, packaging, storing, labeling, or holding of food for humans, dogs, or cats.

(26) "Potentially hazardous food" or “time/temperature controlled for safety food” means any food that consists whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms, but does not include food which has a pH level of 4.60 or below or a water activity (Aw) value of 0.850 or less.

(27) "Product Module" means a food-contact container (multi-use or single-service) designed for customer self-service of bulk food by either direct or indirect means.

(28) "Reconditioning" means any appropriate process or procedure by which distressed merchandise can be brought into compliance with all federal or state requirements so as to make it suitable for consumption or for use as human or animal feed.

(29) “Residential dwelling” means a home or area within a rental unit, in which an operator makes their primary residence.

(30) "Retail Fruit and Vegetable Stand" means any place where fresh fruits or vegetables are offered for sale at retail to the end user.

(31) "Safe Materials" means articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food, if they are food additives or color additives (as defined in Section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act), are used in conformity with the federal regulations adopted under Section 409 or 706 of the Federal Food, Drug, and Cosmetic Act, and if they are not food additives or color additives, are used in conformity with other applicable regulations of the U.S. Food and Drug Administration.

(32) "Safe Temperatures" as applied to time/temperature controlled for safety food, means temperatures of 41°F or below and 135°F or above.

(33) "Salvage Dealer" or "Salvage Distributor" means any person who is engaged in selling or distributing salvaged merchandise.

(34) "Salvage Processing Facility" means an establishment engaged in the business of reconditioning distressed merchandise.

(35) "Salvage Processor" means any person who operates a salvage processing facility.

(36) "Salvaged Merchandise" means reconditioned distressed merchandise, and "salvageable merchandise" means distressed merchandise capable of being reconditioned.

(37) "Sanitize" or "Sanitization" means effective bactericidal treatment of physically clean surfaces of equipment and utensils by a process which has been approved by the Department as being effective in reducing microorganisms, including pathogens, to a safe level.

(38) "Sealed" means free of cracks or other openings that permit the entry or passage of moisture.

(39) “Service animal” means an animal such as a guide dog, signal dog, or other animal trained to provide assistance to an individual with a disability.

(40) "Servicing Area" means a designated location equipped for cleaning, sanitizing, drying, refilling product modules, or preparing bulk food.

(41) "Single-Service Articles" means items used by the retailer or end user such as cups, containers, lids, packaging materials, bags, and similar articles, intended for contact with food and designed for one-time use, but does not include single use articles, such as No. 10 cans, aluminum pie pans, bread wrappers and similar articles, into which food has been packaged by the manufacturer.

(42) "Tableware" means multi-use eating and drinking utensils.

(43) "Transportation" means the movement of food, the delivery of food from one location to another location while under the control of an operator.

(44) "Utensil" means any food-contact implement used in the storage, preparation, transportation, or dispensing of food.

(45) "Vehicle" means any truck, trailer, car, bus, railcar, aircraft, boat, ship, or barge by which food is transported from one location to another.

(46) "Warewashing" means the cleaning and sanitizing of food-contact surfaces of equipment and utensils.

(47) "Wholesome" means food found in sound condition, clean, free from adulteration and otherwise suitable for human consumption.

History

Statutory/Other Authority: ORS 561, ORS 616 & 619
Statutes/Other Implemented: ORS 616.230
DOA 4-2024, amend filed 04/18/2024, effective 04/18/2024
DOA 12-2018, amend filed 03/12/2018, effective 03/12/2018
DOA 6-2006, f. & cert. ef. 3-10-06
DOA 29-2002, f. 12-23-02, cert. ef. 1-1-03
DOA 13-1999, f. & cert. ef. 6-15-99
AD 21-1990, f. & cert. ef. 11-27-90
AD 2-1987, f. & ef. 1-30-87

Or. Admin. R. 603-025-0020 General Standards of Food Establishment Construction and Maintenance

(1) Buildings: Food establishment structures shall be suitable in size, construction, and design to facilitate maintenance and sanitary operations for food preparation or distribution purposes.

(2) Surroundings: The grounds around a food establishment that are under the control of the operator shall be free from conditions which may result in contamination of food, including the following:

(a) Improperly stored equipment, litter, waste, or refuse, and uncut weeds or grass, within the immediate vicinity of the establishment structures that may constitute an attractant, breeding place or harborage for rodents, insects, birds and other pests;

(b) Excessively dusty roads, yards or parking lots that may constitute a source of contamination in areas where food is exposed; or

(c) Inadequately drained areas that may constitute a source of contamination of food products through seepage or food-borne filth, or by providing a breeding place for insects or microorganisms.

(3) Floors: Floors in a food establishment shall be easily cleanable, smooth, and of tight construction. All new constructed, or reconstructed, floors shall be of nonabsorbent materials. When subject to flood-type cleaning, floors in new construction shall be sloped to drain and be provided with drains in compliance with state plumbing code standards. Joints at wall-floor junctions shall be covered and tight. The floors shall be kept clean and in good repair, and sweeping compounds (dust arrestors) shall be used when dry-sweeping floors.

(4) Walls and Ceilings: The surface of walls and ceilings of all display, storage and processing rooms in a food establishment shall be reasonably smooth and easily cleanable. All walls and ceilings shall be kept clean, in good repair and of a light color.

(5) Doors and Windows: All openings to the outside in a food establishment shall have tight-fitting doors, windows and effective screens. Properly operating air screens are acceptable. All doors used by the public shall be self-closing.

(6) Lighting: Adequate lighting shall be provided in handwashing areas, dressing and locker rooms, toilet rooms, all areas where food or food ingredients are examined, processed or stored, and areas where equipment and utensils are cleaned. Light bulbs, fixtures, skylights or other glass fixtures suspended over exposed food in any step of preparation shall be of the safety type or the food otherwise protected to prevent contamination in case of breakage.

(7) Ventilation: Adequate ventilation or control equipment shall be provided in order to minimize odors and noxious fumes or vapors (including steam) in areas where they may contaminate food. The ventilation or control equipment shall not create conditions that may contribute to food contamination by airborne contaminants, and shall be constructed and installed to comply with the State Fire Marshal codes.

(8) Water Supply: The water supply shall be sufficient for the operation intended and shall be derived from a source of adequate pressure and volume, be safe, be of sanitary quality, and comply with the State Plumbing Code. Running water at a suitable temperature and under needed pressure shall be provided in all areas where the processing of food, the cleaning of equipment, utensils or containers, or employee sanitary facilities takes place. Water used for washing, rinsing or conveying of food products shall be of adequate quality, and water shall not be re-used for washing, rinsing, or conveying products in a manner that may result in contamination of food products. There shall be no cross-connections between a safe water supply and any unsafe or questionable water supply. All private water supplies shall be inspected and approved before the water can be used. Where applicable, and for the manufacture of ice, a water supply shall comply with all requirements of the Oregon Drinking Water Quality Act, ORS 448.119 to 448.285, and the administrative rules adopted thereunder, OAR 333-061-0010 to 333-061-0095.

(9) Toilet and Handwashing Facilities: The toilet and handwashing facilities shall be plumbed to comply with the State Plumbing Code. The toilet and handwashing facilities must be adequate, clean, in good repair, and conveniently located. The door to the toilet room shall be tight, self-closing, and shall not open directly into any room where foods are exposed for sale. The toilet room shall be completely enclosed and any window openings screened to prevent entrance of insects. All handwashing facilities shall have hot and cold running water, a wash basin, soap, single-service towels, and a waste container. A handwashing notice shall be posted in each toilet room and handwashing facilities. Handwashing facilities shall be provided convenient to food packaging and preparation area.

(10) Waste Disposal: All liquid wastes resulting from cleaning and rinsing utensils, equipment and floors, from flush toilets, and from handwashing facilities, refrigeration devices and air conditioners, shall be disposed of into a public sewage system or by a method approved by the State Department of Environmental Quality or local health department having jurisdiction. All garbage and rubbish containing food wastes shall, prior to disposal, be kept in leak-proof, nonabsorbent, and easily cleanable containers, and be stored so as to be inaccessible to vermin. The containers, unless kept in a special vermin-proofed room or enclosure, shall be covered with tight-fitting lids. Disposable containers with leak proof liners may be used. Containers shall be provided for trash or rubbish. The establishment shall be free of unnecessary litter and rubbish, such as paper, empty containers or other material, that might serve as a place for rodent harborage or other vermin. The containers, and the room or area in which such containers are stored, shall be thoroughly cleaned and sanitized and shall be disposed of at regular intervals so as not to constitute being a nuisance or health hazard.

(11) Vermin Control: All reasonable measures shall be taken to protect the establishment against the entrance, breeding or presence of rodents, birds, flies, roaches, weevils and other vermin. Unwrapped food display items shall be covered when an aerosol method of applying approved pesticides is being used for vermin control in the establishment.

(12) Personnel Cleanliness:

(a) No person known to be affected with any disease in a communicable form, known to be a carrier of a communicable disease, known to be afflicted with boils, infected wounds or open sores, or known to have acute respiratory infection, shall work in any area of an establishment in any capacity in which there is a likelihood of the person contaminating food or food-contact surfaces with pathogenic organisms, or of transmitting disease to other individuals. The operator of an establishment, when he knows or has reason to believe that any employee has contacted any disease in a communicable form transmissible through food, or has become a carrier of such disease, shall immediately notify the county health officer or the department. The department may require a person engaged in the production, manufacture, packing, storage or distribution of food products to be examined by a physician if there is reasonable cause to believe that such person is affected by communicable or infectious disease;

(b) All persons, while working in direct contact with food preparations, food ingredients or contact surfaces shall:

(A) Wear clean and suitable outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices, while on duty so as to the extent necessary to prevent contamination of food products;

(B) Wash their hands thoroughly (and sanitize if necessary to prevent contamination by undesirable microorganisms) in a handwashing facility before starting work, after each absence from the work station, and at any other time when the hands may have become soiled or contaminated;

(D) If gloves are used in food handling, they should be of an impermeable material (except where their usage would be inappropriate or incompatible with the work involved) and maintained in an intact, clean and sanitary condition;

(E) Wear hairnets, headbands, caps or other effective hair restraints for both head and facial hair;

(F) Not store clothing or other personal belongings, eat food, drink beverages, or use tobacco in any form, in areas where food or food ingredients are exposed or in areas used for washing equipment or utensils;

(G) Take any other precautions required to prevent contamination of foods with microorganisms or foreign substances (including perspiration, hair, cosmetics, tobacco, chemicals or medicants).

(c) The establishment shall be responsible for the education of personnel, the training of food handlers and supervisors, and the appointment of competent supervisory personnel.

(13) Dressing and Locker Room Facilities: A room or enclosure separate from food display, packaging and preparation areas in an establishment shall be provided where employees may change clothes, store outer garments and eat lunches. Dressing rooms and lunch rooms shall be kept clean, in good repair and be provided with covered waste receptacles.

(14) Protection of Stored Foods Against Contamination: No dogs, cats, fowl, birds or other type animal shall be permitted in an establishment except for guide-dogs for blind or deaf persons, as authorized by ORS 346.620 and 346.650. All hazardous substances shall be stored in an area separate from food products so as to preclude any possible contamination of the stored foods. Rodenticides shall be placed in covered bait boxes, if necessary, to prevent spillage or possible contamination of stored food and danger to employees. The bait boxes shall be properly labeled with a warning notice. All rodenticide baits shall be applied so as to prevent contamination of stored food products. All pesticides used for control of vermin shall be of approved type and applied so as to protect stored foods from contamination and shall be applied in accordance with labeled instructions. Cleaning materials, pesticides, rodenticides or any other hazardous substances used in the operation of an establishment shall be stored in properly labeled containers, in a closed closet or cabinet, with a hazardous substance warning notice on the door. When a licensed pest control service is employed, it shall deliver to the establishment a diagram of the bait station locations and the rodenticides in use, or advise an employee of the establishment who has been designated by the operator to be responsible for the pest control program. There shall be no overhead waste drainpipes or other piping that may cause undue condensation problems unless equipped with protective shields to preclude possible contamination of foods stored below. Storage methods shall be used which will minimize deterioration and prevent contamination of stored food products. Shelves, cabinets, dunnage and pallets shall be used, if necessary, to protect stored food products from contamination or deterioration. Construction of shelving, cabinets, and storage methods shall permit ready access to cleaning and sanitary inspection. Bagged animal feeds shall be stored so as not to be intermingled with the storage of human food products. Storage on separate pallets is acceptable. Fixtures, ducts, pipes and catwalks shall not be suspended over working areas so that drip or condensate may contaminate foods, raw materials or food-contact surfaces. Only the toxic materials that are required to maintain sanitary conditions, for use in laboratory testing procedures, for maintenance and operation of equipment, or for manufacturing or processing operations, shall be used or stored in the establishment. These materials shall only be used in a manner and under conditions as will be safe for their intended uses.

(15) Transportation of Foods: All cars, trucks or other vehicles used in the transportation of food products shall be kept in a clean condition at all times. Refuse, dirt and waste products subject to decomposition shall be removed daily. Food products shall be handled so as to protect them from deterioration or contamination by hazardous substances while in transit.

(16) Protection of Food Quality: Potentially hazardous foods in food establishments shall be stored or displayed at a safe temperature in keeping with good manufacturing practices so as to insure that the food will reach the consumer in a condition that is safe and fit for human consumption. All refrigerated food display cases, food storage refrigerators and walk-in coolers shall be equipped with an accurate, visible thermometer located in the warmest storage areas. Frozen food shall be kept frozen and shall be stored in storage or display facilities capable of maintaining and having an air temperature of 0°F. or below, except during defrost cycles and brief periods of loading or unloading. All refrigerated food display cases, food storage refrigerators and walk-in coolers shall be kept clean and in good repair. Refrigerated food display cases shall not be filled above the load line.

(17) Labeling of Food Containers and Packages: Labels on closed food containers and packages shall be clearly legible and contain all the information required by the provisions of ORS Chapter 616, the administrative rules adopted thereunder, and the Federal Fair Packaging and Labeling Act.

(18) Distressed Merchandise: Distressed merchandise shall not be offered for sale for human food unless reconditioned and inspected by the department to determine if it complies with the requirements of the 1984 Model Food Salvage Code, Chapters 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, and the labeling and placard requirements of OAR 603-025-0160 and 603-025-0170.

(19) Variance clause: Upon written petition by the owner of a food establishment, the department may grant a variance to those sections of OAR 603-025-0020, 0030 or 0150 that regulate the physical facilities, equipment standards, and food source requirements when:

(a) No health or sanitation hazard would exist as a result of this action; and

(b) The variance is consistent with the intent of these regulations.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 616.700
DOA 29-2002, f. 12-23-02, cert. ef. 1-1-03
DOA 13-1999, f. & cert. ef. 6-15-99
AD 21-1990, f. & cert. ef. 11-27-90
AD 2-1987, f. & ef. 1-30-87

Or. Admin. R. 603-025-0030 Retail Food Code

(1) In addition to the provisions of OAR 603-025-0020 a retail food establishment shall comply with the Oregon Department of Agriculture Retail Food Code, 2026, which is incorporated herein and made part of this rule by this reference.

(2) Retail Fruit and Vegetable Stands and Similar Outlets: Retail fruit and vegetable stands, and other similar unusual food sales outlets, are also subject to these retail food establishment provisions, except as follows:

(a) Fruit and vegetable stands located on a farmers own property, wherein only fruits and vegetables grown by the owner are sold, and no food processing is being done, are exempt from licensing;

(b) Food establishments that are exempt under OAR 603-025-0215 to 603-025-0275 (Farm Direct Marketing Rules), are exempt from licensing;

(c) Other fruit and vegetable stands may be exempted from certain retail food establishment requirements where the department determines that public health principles will not be compromised.

(3) New Establishment Construction or Remodeling:

(a) Prior to undertaking construction of a new retail food establishment, and as a condition to obtaining a license to operate the establishment, a copy of the construction plans and specifications, together with a statement of an expected completion date, shall be submitted to the department for review and comment as to sanitation and food maintenance;

(b) Prior to undertaking remodeling of an existing establishment in order to expand or add food processing or food service facilities, a copy of the construction plans and specifications, together with a statement of an expected completion date, shall be submitted to the department for review and comment as to sanitation and food maintenance.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 616.700
DOA 105-2026, amend filed 07/15/2026, effective 07/15/2026
DOA 6-2023, amend filed 03/22/2023, effective 03/22/2023
DOA 5-2023, minor correction filed 02/16/2023, effective 02/16/2023
DOA 4-2023, amend filed 02/02/2023, effective 02/02/2023
DOA 25-2019, amend filed 12/20/2019, effective 12/20/2019
DOA 30-2012, f. 12-17-12, cert. ef. 1-1-13
DOA 6-2006, f. & cert. ef. 3-10-06
DOA 29-2002, f. 12-23-02, cert. ef. 1-1-03
AD 21-1990, f. & cert. ef. 11-27-90
AD 2-1987, f. & ef. 1-30-87

Or. Admin. R. 603-025-0080 Foods Subject to Pull Date Labeling

Unless otherwise provided, the following perishable foods shall be open date labeled with the pull date:

(1) Processed or cured meat and meat products including wieners, bologna, luncheon meat, liver sausage, salami, braunschweiger, hams and ham products, and bacon (tuck or vacuum packed).

(2) Fluid milk and cream products for which a standard of identity has been established under ORS Chapter 621, cottage cheeses, yogurts, cheeses with a moisture content of more than 50 percent, sour creams, and party dips.

(3) Bakery products as defined in subsection (2) of ORS 625.010, pastries, cookies, or crackers having a moisture content of 16 percent or more.

(4) Eggs in shell.

(5) Vegetable, macaroni, or potato salads that use mayonnaise or other acidic dressing as an ingredient or dressing, puddings, sandwiches, and other ready-to-eat products.

(6) Fowl, including chickens, fryers, turkeys, ducks, geese, and other domesticated birds.

(7) Fresh or raw packaged meat products, whether whole, ground, chopped or fabricated.

(8) Fresh sausage products.

(9) Fresh seafood products.

(10) Fresh fish products (not breaded or precooked).

History

Statutory/Other Authority: ORS 561 & 616
Statutes/Other Implemented: ORS 616.835
AD 7-1987, f. & ef. 1-30-87
AD 6-1984, f. & cert. ef. 4-17-84, Renumbered from 603-023-0555
AD 27-1977, f. & cert. ef. 11-30-77
AD 1058(4-75), f. 4-21-75, cert. ef. 5-11-75
AD 1045(35-74)(Temp), f. & cert. ef. 9-16-74 thru 1-13-75
AD 1013(3-74), f. 1-18-74, cert. ef. 7-1-74

Or. Admin. R. 603-025-0090 Foods Exempt from Labeling

The following foods shall be exempt from the open date labeling requirements:

(1) Candies, nuts, non-alcoholic beverages (soft drinks), and other fruit juices.

(2) Sterile dairy products; processed or natural cheddar cheese or other hard cheese varieties; margarine; butter and whipped butter.

(3) Pastries, cookies, and crackers having less than 16 percent moisture content; bread sticks; croutons; melba toast; stuffing mixes and other dry bakery products; bakery products otherwise required to be open date labeled which are sold or offered for sale at the same location where prepared or baked (in-store bakeries) and not commingled or displayed with bakery products required to be open date labeled.

History

Statutory/Other Authority: ORS 561.190 & 616.835
Statutes/Other Implemented: ORS 616.835
AD 2-1987, f. & ef. 1-30-87
AD 1013(3-74), f. 1-18-74, cert. ef. 7-1-74, Renumbered from 603-023-0570

Or. Admin. R. 603-025-0100 Form of Labeling

(1) The required open date shall be affixed, stamped, or imprinted on each retail package and on all closed shipping containers with the name of the month either by number (1 through 12) or three-letter abbreviation (January through December), followed by the numerical (1 through 31) day of said month. The year need not be stated except on foods having a projected shelf life of six months or more. In the event the month is designated numerically, it shall be separated from the day of the month by a space, a dash, or asterisk.

(2) In lieu of the requirements of section (1) of this rule, bakery products, fresh or raw meat products, fresh seafood products, and fresh fish products with a shelf life of seven days or less may be labeled with a two digit numerical (1 through 31) day of the then current month.

History

Statutory/Other Authority: ORS 561.190 & 616.835
Statutes/Other Implemented: ORS 616.835
AD 2-1987, f. & ef. 1-30-87
AD 6-1984, f. & cert. ef. 4-17-84, Renumbered from 603-023-0575
AD 1013(3-74), f. 1-18-74, cert. ef. 7-1-74

Or. Admin. R. 603-025-0110 Labeling Placement

(1) The open date shall be affixed, stamped, or imprinted in a size, manner, and style clearly and easily legible and visible to the consumer.

(2) The open date shall not overlay other labeling matter or be of such a color as to be difficult to distinguish from such other labeling matter.

History

Statutory/Other Authority: ORS 561.190 & 616.835
Statutes/Other Implemented: ORS 616.835
AD 2-1987, f. & ef. 1-30-87
AD 1013(3-74), f. 1-18-74, cert. ef. 7-1-74, Renumbered from 603-023-0580

Or. Admin. R. 603-025-0120 Identification After Pull Date Expiration

Food required to be labeled with a pull date, and after the expiration of such pull date is found to be fit for human consumption, may be sold or offered for sale at retail if:

(1) It is segregated from like foods with unexpired pull dates, either by sorting and separating in the same retail display shelf or cabinet from like foods with unexpired pull dates, or by removal to a separate retail display shelf or cabinet.

(2) Each individual package is labeled or a conspicuous and visible placard is posted immediately adjacent to any display of such food, stating that the pull date of such food has expired. Any label or placard so utilized shall be in legible, boldface type in distinct contrast to the label or placard color.

History

Statutory/Other Authority: ORS 561.190 & 616.835
Statutes/Other Implemented: ORS 616.835
AD 2-1987, f. & ef. 1-30-87
AD 1013(3-74), f. 1-18-74, cert. ef. 7-1-74, Renumbered from 603-023-0585

Or. Admin. R. 603-025-0130 Label Pull Date Information

Upon the request of the department, a person required to label a perishable food with a pull date shall obtain from the food manufacturer, processor or packager recommending the pull date, data from recognized scientific sources substantiating the establishment and use of the recommended date.

History

Statutory/Other Authority: ORS 561 & 616
Statutes/Other Implemented: ORS 616.835
AD 2-1987, f. & ef. 1-30-87
AD 6-1984, f. & cert. ef. 4-17-84, Renumbered from 603-023-0590

Or. Admin. R. 603-025-0140 Food Storage Warehouses

In addition to the provisions of OAR 603-025-0020, a food storage warehouse shall comply with the following:

(1) Cold Storage: Each cold storage room in a food storage warehouse shall be equipped with an accurate and easily visible thermometer with the sensing element at least five feet above the floor.

(2) Morgue: The operator of a food storage warehouse shall provide an area for the accumulation and holding of all damaged foods or foods which are or may be unwholesome. The operator shall maintain a program of timely and proper disposal of damaged or unwholesome foods to prevent development of insanitary conditions or vermin breeding places and rodent harborage.

History

Statutory/Other Authority: ORS 561 & 616
Statutes/Other Implemented: ORS 616.700
AD 2-1987, f. & ef. 1-30-87

Or. Admin. R. 603-025-0150 Food Processing Establishments

In addition to the provisions of OAR 603-025-0020, a food processing establishment shall comply with the following:

(1) Construction and Repair of Equipment and Utensils: All plant equipment and utensils shall be suitable for their intended use, so designed and of such material and workmanship as to be adequately cleanable, and properly maintained. The design, construction and use of such equipment and utensils shall preclude the adulteration of foods with lubricants, fuel, metal fragments, contaminated water or any other contaminants. All equipment shall be installed and maintained so as to facilitate the cleaning of the equipment and of all adjacent spaces. Aisle or working spaces between equipment and between equipment and walls shall be unobstructed and of sufficient width to permit employees to perform their duties without contamination of food or food contact surfaces with clothing or personal contact.

(2) Sanitary Maintenance and Methods:

(a) Separate rooms shall be provided for those operations which may cause contamination of food products with undesirable microorganisms, chemicals, filth or other extraneous material. Building, fixtures and other physical facilities of the establishment shall be kept in good repair and in a sanitary condition. Cleaning operations shall be conducted so as to minimize the danger of contamination of food and food-contact surfaces. Detergents, sanitizers and other supplies employed in cleaning and sanitizing procedures shall be free of significant microbiological contamination and shall be safe and effective for their intended uses. Cleaning and sanitizing agents shall be subject to approval by the department;

(b) All utensils and product-contact surfaces of equipment shall be cleaned as frequently as necessary to prevent contamination of food and food products. Nonproduct-contact surfaces of equipment used in the operation of food plants should be cleaned as frequently as necessary to minimize accumulation of dust, dirt, food particles, and other debris. Single-service articles (such as utensils intended for one-time use, paper cups, paper towels, etc.) should be stored in appropriate containers and handled, dispensed, and disposed of in a manner that prevents contamination of food or food-contact surfaces. Where necessary to prevent the introduction of undesirable microbiological organisms into food products, all utensils and product-contact surfaces of equipment used in the plant shall be cleaned and sanitized prior to such use and following any interruption during which such utensils and contact surfaces may have become contaminated. Where such equipment and utensils are used in a continuous production operation, the contact surfaces of such equipment and utensils shall be cleaned and sanitized on a predetermined schedule using adequate methods for cleaning and sanitizing. Sanitizing agents shall be effective and safe under conditions of use. Any facility, procedure, machine or device may be acceptable for cleaning and sanitizing equipment and utensils if it is established that such facility, procedure, machine, or device will routinely render equipment and utensils clean and provide adequate sanitizing treatment;

(c) All cleaned and sanitized portable equipment and utensils with product-contact surfaces should be stored in such a location and manner that product-contact surfaces are protected from splash, dust, and other contamination;

(d) Adequate and convenient facilities for handwashing and, where appropriate, hand sanitizing shall be provided at each location in the plant where good sanitary practices require employees to wash or sanitize and dry their hands. Such facilities shall be furnished with running water at a suitable temperature for handwashing, effective hand cleaning and sanitizing preparations, sanitary towel service or suitable drying devices and, where appropriate, easily cleanable waste receptacles;

(e) All operations in the receiving, inspecting, transporting, packaging, segregating, preparing, processing and storage of food shall be conducted in accordance with adequate sanitation principles. Overall sanitation of the plant shall be under the supervision of an individual assigned responsibility for this function. All reasonable precautions, including the following, shall be taken to assure that production procedures do not contribute contamination such as filth, harmful chemicals, undesirable microorganisms, or any other objectionable material to the processed product:

(A) Raw material and ingredients shall be inspected and segregated as necessary to insure that they are clean, wholesome, and fit for processing into human food and shall be stored under conditions that will protect against contamination and minimize deterioration. Raw materials shall be washed or cleaned as required to remove soil or other contamination;

(B) Containers and carriers of raw ingredients shall be inspected on receipt to assure that their condition has not contributed to the contamination or deterioration of the products. When ice is used in contact with food products, it shall be made from potable water and shall be used only if it has been manufactured in accordance with adequate standards and stored, transported, and handled in a sanitary manner;

(C) Food processing areas and equipment shall not be used to process animal feed or inedible products unless human food will not be contaminated thereby;

(D) Processing equipment shall be maintained in a sanitary condition through frequent cleaning, including sanitization where necessary. If necessary, equipment shall be taken apart for thorough cleaning. All food processing, including packaging and storage, shall be conducted under such conditions and controls as are necessary to minimize the potential for undesirable bacterial of other microbiological growth, toxin formation, or deterioration or contamination of the processed product or ingredients. This may require careful monitoring of such physical factors as time, temperature, humidity, pressure, flow-rate and such processing operations as freezing, dehydration, heat processing, and refrigeration to assure that mechanical breakdowns, time delays, temperature fluctuations and other factors do not contribute to the decomposition or contamination of the processed products;

(E) Chemical, microbiological, or extraneous material testing procedures shall be utilized where necessary to identify sanitation failures or food contamination, and all foods and ingredients that have become contaminated shall be rejected, treated or processed to eliminate the contamination where this may be properly accomplished;

(F) Packaging processes and materials shall not transmit contaminants or objectional substances to the products, shall conform to any applicable food additive rules, and shall provide adequate protection from contamination;

(G) Coding of products sold or otherwise distributed from a manufacturing, processing, packing or repacking activity should be utilized to enable positive lot identification so as to facilitate the segregation of specific food lots that may have become contaminated or otherwise unfit for their intended use. Records shall be retained for a period of time that exceeds the shelf life of the product, but need not be retained for more than two years.

(3) Processing Requirement for Retail Sale of Dehydrated Prunes: Dehydrated prunes shall not be sold at retail or offered or displayed for sale at retail, unless they have been subjected to heat treatment by water or steam to at least 180°F. long enough to remove adhering material and to obtain a uniform desired texture.

History

Statutory/Other Authority: ORS 561, 307.453, 307.455, 307.457, 307.459 & 2015 HR 3125 & 78th Or. Legis. Assemb.
Statutes/Other Implemented: ORS 307.459 & 616.700
DOA 2-2016, f. & cert. ef. 2-9-16
DOA 13-2006, f. & cert. ef. 6-21-06
DOA 19-2005(Temp), f. 12-23-05, cert. ef. 1-3-06 thru 5-31-06
AD 2-1987, f. & cert. ef. 1-30-87

Or. Admin. R. 603-025-0151 Property Tax Exemption for Qualified Machinery and Equipment

(1) The Oregon Department of Agriculture is authorized to certify qualified machinery and equipment for the purposes of ORS 307.453–307.457.

(2) Definitions: For the purposes of this section, the definitions in ORS chapter 307.455 apply, unless the context requires otherwise. In addition, the following definitions apply.

(a) "Newly acquired property" means new or used machinery and equipment that is first purchased or leased by a food processor not more than two years (24 months) prior to placing it into service. Leased equipment may be exempt only if the food processor is responsible for the payment of the property taxes under the terms of the lease agreement. Newly acquired property does not include existing equipment that has been refurbished or reconditioned in the time frame provided by this rule.

(b) "Placed into service" means the date the machinery and equipment is first used or in such condition that it is readily available and operational for its intended commercial use. It does not include property that is being tested or is in the process of being erected or installed on the January 1 assessment date.

(c) "Real Market Value of the Property" for the purpose of determining the late filing penalty pursuant to ORS 307.455, means the invoice cost of the machinery and equipment, installation, engineering, and miscellaneous costs including machinery process piping, foundations, power wiring, interest during installation, and freight.

(3) The process for application and determination of certification for qualified machinery and equipment is as follows:

(a) Any food processor requesting certification must make a request for certification in writing on a form provided by the Oregon Department of Agriculture. Certification request forms are available on the Oregon Department of Agriculture web site and the Oregon Department of Revenue web site, or are available by mail from either agency upon request.

(b) Upon receiving a completed certification request form, the Food Safety Program of the Oregon Department of Agriculture may schedule a visit to the processing site for the purpose of inspecting and verifying the eligibility of machinery requested for certification as qualified machinery or equipment.

(c) After inspecting the food processing equipment requested to be certified, the Oregon Department of Agriculture shall make a determination as to property that is qualified for certification. This determination of certification shall be in writing and include a schedule of all machinery or equipment the Oregon Department of Agriculture has certified.

(4) Following certification, a food processor seeking continued exemption as described at ORS 307.455 must annually verify that equipment previously certified still constitutes qualified machinery or equipment as follows: By January 30th of each year following certification a food processor must submit to the Oregon Department of Revenue a signed form that includes a schedule of all equipment previously certified and provides sufficient information to the Oregon Department of Revenue such that it can determine whether previously-certified machinery or equipment continues to meet certification requirements.

(5) The Oregon Department of Agriculture may inspect any equipment or machinery previously certified for the purposes of determining continued certification pursuant to ORS 307.455.

(6) If a food processor seeks to add additional machinery or equipment not previously certified to its annual certification verification list then the food processor must apply for certification of this additional equipment pursuant to the process for certifying qualified machinery or equipment provided in these rules.

(7) Denial of certification of certain property by the Oregon Department of Agriculture is a contested case for the purpose of ORS Chapter 183.

History

Statutory/Other Authority: ORS 561, 307.453, 307.455, 307.457, 307.459 & 2015 HR 3125 & 78th Or. Legis. Assemb.
Statutes/Other Implemented: ORS 307.459 & 616.700
DOA 2-2016, f. & cert. ef. 2-9-16

Or. Admin. R. 603-025-0152 Certification Fees

(1) Certification Fees. The Department may fix, access, and collect, or cause to be collected, fees on food processors for the certification of qualified equipment and machinery. The fees must be in an amount reasonably necessary to cover the costs of the certification and of administration of the certification program. These fees must be paid prior to the Department’s submittal of the firm’s exemption forms to the Oregon Department of Revenue.

(2) The following fees and charges are established for the administration and certification of machinery and equipment. The fees may be charged and assessed regardless if machinery and equipment is qualified for the exemption. The scale of fees may vary according to the location of the qualified machinery and equipment.

(3) The cost of such services may include:

(a) A charge of service at the rate of $95 per hour;

(b) Travel time at the rate of $95 per hour;

(d) Application fees for the certification of Machinery and Equipment of $100 for each request for certification received by the Department.

History

Statutory/Other Authority: ORS 561, 307.453, 307.455, 307.457, 307.459 & 2015 HR 3125 & 78th Or. Legis. Assemb.
Statutes/Other Implemented: ORS 307.459 & 616.700
DOA 2-2016, f. & cert. ef. 2-9-16

Or. Admin. R. 603-025-0160 Package Labeling Requirements

The label of any food that has been salvaged, as defined in subsection (16) of ORS 616.250, shall comply with the following:

(1) The term “salvaged” shall appear on the principal display panel in the case of any food packaged in a firm (box, carton, or can) container, and either on the principal display panel or upon a firmly attached tag in the case of any food packaged in a soft (bag or sack) container. The labeling requirements shall only apply to the individual immediate container in which the food is packaged for retail or institutional sale, and shall only apply to the food containers actually requiring salvage activities. The term “salvaged” shall be conspicuous and of easily legible bold face print or type in distinct contrast to other matter on the label.

(2) In the event the salvager is other than an agent for the original manufacturer, packer, or distributor, the name and business address of the salvager shall appear in the manner and location prescribed in section (1) of this rule and shall include the city, state, and zip code.

History

Statutory/Other Authority: ORS 561.190, 616.230 & 616.700
Statutes/Other Implemented: ORS 616.230 & 616.700
AD 7-1987, f. & ef. 1-30-87
AD 1053(42-74), f. 12-20-74, cert. ef. 1-11-75, Renumbered from 603-023-0180

Or. Admin. R. 603-025-0170 Bulk Placard Requirements

If in bulk display form for wholesale or retail sale (rather than packaged form) any food that has been salvaged, as defined in subsection (16) of ORS 616.250, shall be conspicuously and prominently displayed immediately adjacent to such bulk display. Such placard shall be of easily legible bold face print or type, of such color contrast that it may be easily read, and shall contain the statements required by OAR 603-025-0180.

History

Statutory/Other Authority: ORS 561.190, 616.230 & 616.700
Statutes/Other Implemented: ORS 616.230 & 616.700
AD 2-1987, f. & ef. 1-30-87
AD 1053(42-74), f. 12-20-74, cert. ef. 1-11-75, Renumbered from 603-023-0185

Or. Admin. R. 603-025-0180 Responsibility

The responsibility for the salvage labeling required by OAR 603-025-0180 or 603-025-0170 shall be:

(1) If in bulk display form, the person selling or offering to sell such food at wholesale or retail.

(2) If salvaged within the State of Oregon, the person selling or offering to sell at retail or for institutional use.

(3) If salvaged outside of the State of Oregon, the first person selling or offering to sell such food at wholesale or retail within the State of Oregon.

History

Statutory/Other Authority: ORS 561.190, 616.230 & 616.700
Statutes/Other Implemented: ORS 616.230 & 616.700
DOA 29-2002, f. 12-23-02, cert. ef. 1-1-03
AD 2-1987, f. & cert. ef. 1-30-87, Renumbered from 603-023-0190
AD 1053(42-74), f. 12-20-74, cert. ef. 1-11-75

Or. Admin. R. 603-025-0190 Standards of Identity, Additives, Pesticide Tolerances, Food Labeling, Good Manufacturing Practice, Low Acid Canned Foods, and Acidified Foods

The federal rules governing food identity, food color additives, food additives, and labeling of or in food adopted by the Food and Drug Administration of the U.S. Department of Health and Human Services, are hereby adopted as the rules governing this subject matter in Oregon. The Good Manufacturing Practices, Fish and Fishery Products, Low Acid Canned Foods, Acidified Foods and other federal programs contained in the Code of Federal Regulations as specified below are also adopted. The federal rules adopted by the U.S. Environmental Protection Agency and Food and Drug Administration specifying pesticide tolerances are also adopted. The adopted federal programs and standards are those set forth in the 2017 version, Title 21, Chapter 1, Parts 1, 7, 70, 73, 74, 81, 82, 100 through 111, 113 through 199, and the 2014 version, Title 40, Chapter 1, Part 180 (Subparts A, C, D, and E), of the Code of Federal Regulations.

History

Statutory/Other Authority: ORS 561.190 & 616.230
Statutes/Other Implemented: ORS 561.190 & 616.230
DOA 12-2015, f. & cert. ef. 12-2-15
DOA 28-2018, amend filed 12/05/2018, effective 12/05/2018
DOA 9-2013, f. & cert. ef. 9-4-13
DOA 6-2006, f. & cert. ef. 3-10-06
DOA 29-2002, f. 12-23-02, cert. ef. 1-1-03
DOA 4-2000, f. & cert. ef. 1-18-00
DOA 13-1999, f. & cert. ef. 6-15-99
AD 17-1997, f. & cert. ef. 10-23-97
AD 17-1993, f. & cert. ef. 11-26-93
AD 2-1987, f. & ef. 1-30-87

Or. Admin. R. 603-025-0200 Establishments Utilizing Domestic Kitchen Facilities

(1) In addition to the provisions of OAR 603-025-0020, a food establishment that is part of a domestic kitchen shall comply with the provisions of section (2) of this rule.

(2)(a) All doors or openings from the domestic kitchen to other rooms of the building or structure, if applicable, shall be kept closed during the processing, preparing, packaging, or handling of commercial foods;

(b) No person other than the operator, or an employee, shall directly engage in the processing, preparing, packaging, or handling of commercial foods and no other person shall be allowed in the domestic kitchen during such periods of operation;

(A) Pets were present in the residential dwelling;

(B) Is prominently displayed and not be obscured, hidden, or detracted by logos or artwork;

(C) Includes the species using the common or usual name of the pet. Examples include, but are not limited to: cat, dog, or rabbit; and

(D) Is a font size must be at least equal to the average size used on the label or a minimum height of 1/16” of a lower case “o”.

(d) No processing, preparing, packaging, or handling of commercial foods shall be carried on in a domestic kitchen while pets are present or while other domestic activities are being carried on in such domestic kitchen, including, but not limited to;

(A) Family meal preparation, serving, dishwashing, or eating;

(B) Clothes washing or ironing;

(D) Entertaining guests.

(e) The physical facilities of a licensed domestic kitchen must include:

(A) Closed storage space for ingredients, finished product containers, and labels for commercial foods separate from those for domestic use;

(B) Refrigerated facilities for storage of perishable products or ingredients utilized in the processing, preparing, or handling of commercial foods separate from those for domestic use; and

(f) Medical supplies or equipment must not be in the domestic kitchen;

(g) All domestic kitchens must be available for inspection by the Department between the week-day hours of 8 a.m. to 5 p.m., and the Department may, if it deems it advisable or necessary, inspect such premises on weekends or holidays or other times commercial foods are being processed, prepared, packaged, or handled.

History

Statutory/Other Authority: ORS 561 & 616
Statutes/Other Implemented: ORS 616.700 & 616.723
DOA 4-2024, amend filed 04/18/2024, effective 04/18/2024
AD 2-1987, f. & ef. 1-30-87
AD 978(11-72), f. 8-28-72, cert. ef. 9-15-72, Renumbered from 603-023-0396

Or. Admin. R. 603-025-0215 Purpose

OAR 603-025-0215 through 603-025-0275 recognize farm direct marketing, including consignment between farm direct marketers, as a modern and accepted method of producing and selling food products, and of maintaining the integrity of food safety principles as required by state and federal laws. The legislative mandates in ORS 616.680 through 616.686 are accomplished by exempting from licensure and inspection only those that raise their own products, that limit their food processing activities to only those identified by the Legislature as permissible without a license, and that sell to a consumer a limited amount of products produced without a license and regulatory oversight.

History

Statutory/Other Authority: ORS 561.190 & ORS 616.686
Statutes/Other Implemented: ORS 616.683
DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023
DOA 14-2012, f. & cert. ef. 6-1-12

Or. Admin. R. 603-025-0225 Definitions

For purposes of OAR 603-025-0215 through 603-025-0275, the following definitions apply, in addition to those provided in ORS 616.680:

(1) “Acidic foods” means bottled, packaged or canned foods that meet any of the following requirements:

(a) Having a naturally occurring equilibrium pH of 4.6 or below; or

(b) Having been lacto-fermented to decrease the equilibrium pH of the food to 4.6 or below; or

(c) Having a water activity (aw) greater than 0.85 and having been acidified to decrease the equilibrium pH of the food to 4.6 or below.

(2) “Address” means physical street address, city, county, state, and zip code.

(3) “Agricultural producer” means a person, including family members and employees, who are primarily responsible for the growing, raising, and the harvesting agricultural products to the point at which the products are ready for sale to a consumer.

(4) “Approved” means conforming to scientific principles, applicable state and federal laws, and generally recognized industry standards that protect public health.

(5) “Canned” means an acidic food that has been preserved by placing it in a hermetically sealed container to which boiling water or steam is applied to reduce pathogenic and spoilage organisms.

(6) “Commingle” means to mix, pool, or combine agricultural products of more than one agricultural producer prior to the sale of the products.

(7) “Consign” means to send a farm direct product to market to be sold by a farm direct marketer who did not produce the product. Ownership of consigned products remains with the agricultural producer who produced the product until the product is sold to a consumer.

(8) “Consigning agricultural producer” means an agricultural producer that sells directly to the consumer farm direct products produced by another agricultural producer.

(9) “Consumer” means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment, and does not offer the food for resale. “Consumer” does not include restaurants, grocery stores, schools, daycare centers, caterers, or any other institutions, such as prisons, hospitals, or nursing homes.

(10) “Cure” means to ripen naturally or by controlled environmental storage whereby the taste, smell, texture, or appearance of the product is altered without causing the product to become adulterated or processed to an extent that the product changes significantly from its original form. Examples of agricultural products that may be cured include, but are not limited to, garlic, potatoes, and sweet potatoes.

(11) “Department” means the Oregon Department of Agriculture.

(12) “Dried” and “dehydrated” mean the removal of moisture from the food to ensure that the finished product has a water activity of 0.85 or below, so that bacteria, yeast and molds cannot grow.

(13) “Farm direct marketer” means an agricultural producer that sells directly to the consumer the agricultural products grown, raised and harvested by that producer. A farm direct marketer may also sell, on consignment, farm direct products produced by another agricultural producer. When a farm direct marketer is selling, on consignment, the farm direct products of another agricultural producer, the farm direct marketer may be referred to as a "consigning agricultural producer."

(14) “Farm direct product” means an agricultural product grown, raised, and harvested by an agricultural producer to the point at which the product is ready for direct, retail sale to a consumer by the agricultural producer, through consignment, or through a third party service that actively manages the aggregation, distribution, marketing, and facilitation of sales.

(15) “Fresh” means not altered by processing. “Fresh” excludes potentially hazardous foods, including, but not limited to, raw seed sprouts of all kinds, raw melons that have been cut in any way, raw leafy greens that have been cut in any way, and raw tomatoes that have been cut in any way.

(16) “Herbs” means the aromatic leaves and flowers of herbaceous plants that enhance the flavor and fragrance of food. Herbs include, but are not limited to, all varieties of: basil, chervil, chives, cilantro, dill, lemon verbena, marjoram, mint, oregano, parsley, rosemary, sage, savory, sorrel, tarragon, and thyme.

(17) “Lacto-fermented” means food processed by lactobacilli whereby the lactic acid content of the food decreases the equilibrium pH to 4.6 or below. Examples of lacto-fermented products include sauerkraut and kimchi.

(18) “Major food allergens” means the eight most common food allergens defined in the Food Allergen Labeling Protection Act of 2004 (FALCPA). The major food allergens that may be used in farm direct products, if all other requirements of relevant statutes and rules are met, are peanuts, tree nuts, soy, wheat, and sesame.

(19) “Principal ingredients” means the farm direct products that comprise a producer-processed product. For example, jalapeño peppers produced by a farm direct marketer would be a principal ingredient in pepper jelly, and tomatoes, onions, peppers, and garlic would be principal ingredients in salsa.

(20) “Producer-processed products” means foods:

(a) For which the principal ingredients are agricultural products grown, raised and harvested by the same agricultural producer that bottles, packages or cans the food; and

(b) For which ingredients other than principal ingredients are limited to herbs, spices, salt, vinegar, pectin, lemon or lime juice, honey and sugar, and

(c) For which every step necessary to prepare the farm direct products for sale will must be conducted in a facility located where the farm direct products were grown.

(21) “Retail purchaser,” as used in ORS 616.680 through 616.686, means “consumer,” as defined in this rule.

(22) “Spices” means any aromatic vegetable substance in the whole, broken, or ground form, except for those substances which have been traditionally regarded as foods, such as onions, garlic, and celery; whose significant function in food is seasoning rather than nutritional; that is true to name; and from which no portion of any volatile oil or other flavoring principle has been removed.

(23) “Water activity” means the measure of free moisture in a product and is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature.

History

Statutory/Other Authority: ORS 561.190 & 616.686
Statutes/Other Implemented: ORS 616.683
DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023
DOA 14-2012, f. & cert. ef. 6-1-12

Or. Admin. R. 603-025-0235 Farm Direct Marketer Exemption

(1) ORS 616.695 to 616.755 do not apply to a farm direct marketer, a consigning agricultural producer, or the location(s) used by a farm direct marketer or a consigning agricultural producer to prepare, store, sell, expose for sale or offer for sale the following agricultural products:

(a) Fruits, vegetables, edible flowers and herbs that are:

(A) Fresh; or

(B) Cured or dried by the agricultural producer as part of routine post-harvest handling.

(b) Dried or cured fruits, vegetables, edible flowers, herbs or blends of herbs, and herbal tea for which drying or curing is not part of routine post-harvest handling, if:

(A)Not combined with other ingredients; and

(B)Control parameters as described in OAR 603-025-0275(3) are recorded.

(d) Shell eggs;

(e) Honey, only when not combined with other ingredients;

(f) Olive oil;

(g) Whole, hulled, crushed or ground grain, legumes and seeds, if of a type customarily cooked before eating;

(h) Parched or roasted grains, if of a type customarily cooked before eating;

(i) Popcorn, nuts, peppers and corn on the cob, if those items are:

(A) Roasted at the place of purchase;

(B) By a farm direct marketer;

(D) Not sold for immediate consumption.

(j) Tree-sap-based solid sugar, cream and liquid syrup products that are made by heating

sap from trees of the genuses Acer or Juglans and have a solids content of not less than 66 percent by weight, or 66 degrees Brix, and not combined with other ingredients.

(2) ORS 616.695 to 616.755 do not apply to a farm direct marketer, a consigning agricultural producer, or the location(s) used by a farm direct marketer or a consigning agricultural producer to prepare, store, sell, expose for sale or offer for sale the following producer-processed products:

(a) Fruit-based syrups, fruit in syrup, preserves, jams, or jellies;

(b) Processed fruits or processed vegetables; or

(3) Producer-processed products described in Section (2) of this rule must meet all of the following conditions:

(a) They are acidic foods;

(b) Products having a water activity (aw) greater than 0.85 and having been acidified to decrease the equilibrium pH of the food to 4.6 or below must be processed using;

(A) A published process and product formulation that has been approved by a recognized process authority. Examples of published processes and product formulations that have been approved by a recognized process authority can be found in:

(i) United States Department of Agriculture Complete Guide to Home Canning, 2009 Revision;

(ii) Pacific Northwest Extension publications. The Pacific Northwest Extension publications are produced cooperatively by Oregon State University, Washington State University, and the University of Idaho; or

(iii) So Easy to Preserve, 5th Edition, which is offered by the University of Georgia Cooperative Extension.

(B) Any process and product formulation that has been submitted to and approved by a recognized process authority. A recognized process authority may be contacted through the Oregon State University, Department of Food Science and Technology Extension Service.

(b) Bottling, packaging and canning supplies must be made from food grade materials.

(c) Ingredients other than the principal ingredients are limited to herbs, spices, salt, vinegar, pectin, lemon or lime juice, honey and sugar, and must be:

(A) From an approved source; or

(B) Farmed or produced by the agricultural producer.

(d) During the preceding calendar year, the agricultural producer had annual sales of producer-processed products that in total did not exceed $50,000.

(4) The exemptions provided in Sections (1) through (3) of this rule may be revoked by the Department if it determines that the location used by a farm direct marketer or consigning agricultural producer does not comply with OAR 603-025-0215 to 603-025-0275, OAR 603-025-0020, or 603-025-0150.

History

Statutory/Other Authority: ORS 561.190 & 616.686
Statutes/Other Implemented: ORS 616.683
DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023
DOA 24-2019, amend filed 12/20/2019, effective 12/20/2019
DOA 14-2012, f. & cert. ef. 6-1-12

Or. Admin. R. 603-025-0245 Farm Direct Consignment and Other Sales

(1) Consigning agricultural producers are limited to sales of the products listed in OAR 603-025-0235(1)-(3).

(a) Consignment is limited to farm direct marketers who are from the same county or from adjoining counties.

(b) A farm direct marketer is prohibited from representing that products offered for sale on consignment are his/her own.

(2) An agricultural producer must provide a consigning agricultural producer with documentation to be clearly and conspicuously posted during the sale of the products on consignment. The documentation must include:

(a) The name of the agricultural producer that produced the product;

(b) The product consigned by the agricultural producer; and

(3) A consigning agricultural producer must maintain separate sales logs for products sold on consignment. Sales logs must include, but are not limited to, the following information:

(a) The name of the agricultural producer that produced the product;

(b) The contact information of the agricultural producer that produced the product, including the address and phone number;

(d) Quantity of item(s) sold on consignment.

(4) Farm direct marketers and consigning agricultural producers may engage in Internet-based sales and consignment sales, but only if:

(a) They sell directly to consumers within Oregon; or

(b) They comply with any applicable federal requirements concerning interstate sales of agricultural products.

(5) Third party organizations may actively manage the aggregation, distribution, marketing, and facilitation of sales of products described in OAR 603-025-0235(1)-(3) but may not consign, store, warehouse, or purchase for sale said products.

History

Statutory/Other Authority: ORS 561.190 & 616.686
Statutes/Other Implemented: ORS 616.683
DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023
DOA 14-2012, f. & cert. ef. 6-1-12

Or. Admin. R. 603-025-0255 Farm Direct Exemption Prohibitions

A farm direct marketer may not:

(1) Sell, offer for sale, or expose for sale foods that are adulterated or misbranded under ORS 616.205 to 616.385 (Sale of Adulterated, Misbranded or Imitation Foods);

(2) Receive, accept, possess, sell, offer for sale, or expose for sale food from another agricultural producer that is adulterated or misbranded under ORS 616.205 to 616.385 (Sale of Adulterated, Misbranded or Imitation Foods);

(3) Commingle products;

(4) Knowingly sell or offer for sale foods covered by the farm direct sales exemption to a person that is not a consumer;

(a) This requirement does not apply to an agricultural producer extracting only their own honey from 20 or fewer hives; or

(b) Licensed honey producers.

(5) Sell foods other than those covered by the farm direct sales exemption found at OAR 603-025-0235 without an appropriate license.

History

Statutory/Other Authority: ORS 561.190 & 616.686
Statutes/Other Implemented: ORS 616.683
DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023
DOA 14-2012, f. & cert. ef. 6-1-12

Or. Admin. R. 603-025-0265 Farm Direct Product Labeling Requirements

(1) The principal display panel of producer-processed products must contain in a prominent location the following statements in legible, all capital, and bold-face type no less than one-eighth inch:

(a) “THIS PRODUCT IS HOMEMADE AND IS NOT PREPARED IN AN INSPECTED FOOD ESTABLISHMENT” and

(b) “NOT FOR RESALE.”

(2) The principal display panel of agricultural products described under OAR 603-025-0235(1)(d) to (g) and (j) must contain in a prominent location the following statements in legible, all capital, and bold-face type no less than one-eighth inch:

(a) “THIS PRODUCT IS NOT PREPARED IN AN INSPECTED FOOD ESTABLISHMENT” and

(b) “NOT FOR RESALE.”

(c) An agricultural producer extracting only their own honey from 20 or fewer hives and licensed honey producers are exempt from the labeling requirements in (a) and (b).

(3) All bottled, packaged, and canned food products described under OAR 603-025-0235 must be labeled with all of the following:

(a) A product identity, which is a truthful or common name of the product that is contained in the package;

(b) The net weight of the product. Net weight or volume must be in both the US lbs./oz. and metric scale. For example, “Net Wt. 12 oz. (340 g)” for a dry product and “Net Wt. 32 fl. Oz (1 QT) 946 ml” for a liquid product;

(c) An ingredient statement that properly declares all major food allergens. All ingredients must be listed in descending order of predominance by weight or volume.

(A) Major food allergens allowed in producer-processed products under this rule are peanuts, tree nuts, soy, sesame, and wheat;

(B) Major food allergens must be labeled:

(i) Using the appropriate major food allergen in parenthesis within the ingredient list after the common or usual name of the ingredient derived from that major food allergen (for example, if a product contained semolina, the ingredient list could read: semolina (wheat)); or

(ii) Using a “Contains” statement to summarize the allergen information in a statement at the end of, or immediately adjacent to, the ingredient list.

(d) The address of the agricultural producer that produced the principal ingredients and bottled, packaged, or canned the food products.

(e) For acidic fruit and vegetable juices that have not received a 5-log reduction of the most resistant microorganism of public health significance, the following warning statement must be used: “WARNING: This product has not been pasteurized and therefore may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems. Keep refrigerated.”

(A) The word "WARNING" shall be capitalized and shall appear in bold type.

(B) The warning statement shall be set off in a box by use of hairlines.

(3) Farm direct products offered for sale or consignment using the internet must be described on websites with the information listed in OAR 603-025-0265(1) and (2)(a) to (c) and (e). This provision does not exempt such products from also being physically labeled as described in this rule.

(4) When Oregon or the federal government has adopted a standard of identity for any labeled product covered by the farm direct marketer exemption, that product must specifically meet those standards of identity found in ORS Chapters 616 (Food and Other Commodities) and 632 (Agricultural and Horticultural Products) and in OAR 603-025-0190 (Standards of Identity).

History

Statutory/Other Authority: ORS 561.190 & 616.686
Statutes/Other Implemented: ORS 616.683
DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023
DOA 14-2012, f. & cert. ef. 6-1-12

Or. Admin. R. 603-025-0275 Farm Direct Product Records

(1) Raw materials, packaging materials, and finished products that are not in compliance with United States Food and Drug Administration (FDA) regulations may be considered adulterated.

(2) Processing and production records for products having a water activity (aw) greater than 0.85 and having been acidified to decrease the equilibrium pH of the food to 4.6 or below must show that the process and product formulations comply with all critical factors mandated by an approved process.

(a) To demonstrate compliance with acceptable equilibrium pH measurements, batch-by-batch records of pH meter calibration and batch-by-batch records of finished product testing must be maintained.

(A) Finished product testing must be performed following the requirements of the 2010 version of 21 CFR 114.90(a) and (b) (Methodology). A pH meter or potentiometer is the primary instrument used in determining product pH.

(B) Colorimetric methods including, but not limited to, indicator solutions and indicator paper may be used if the equilibrium pH of the product is 4.0 or lower.

(b) Processing and production records must be associated with production dates and batches.

(c) Any deviation from an approved process and the corrective action taken to remedy the deviation must be recorded and maintained. A product produced with a processing deviation:

(A) Must not be sold for human consumption; or

(B) May be sold for human consumption only if the product is reprocessed to rectify the deviation in a manner approved by a recognized process authority.

(3) Processing and production records for dried or cured fruits, vegetables, edible flowers, herbs or blends of herbs, and herbal tea for which drying or curing is not part of routine post-harvest handling must show that the process ensures the removal of moisture from the food to ensure that the finished product has a water activity of 0.85 or below so bacteria, yeast and molds cannot grow.

(4) Farm direct marketers must maintain sales records of products described in OAR 603-025-0235(2)-(3). Sales records must include, but need not be limited to, the following information:

(a) Product(s) sold;

(b) Price;

(d) Current, rolling total of year-to-date sales.

(5) Copies of all records required by OAR 603-025-0215 through 603-025-0275 must be retained at the processing facility or other reasonably accessible location for a period of three years from the date of manufacture.

(a) Records must be made available to the Department upon request.

(b) Failure to provide records to the Department upon request may result in the revocation of the farm direct marketer exemption.

History

Statutory/Other Authority: ORS 561.190 & 616.686
Statutes/Other Implemented: ORS 616.683
DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023
DOA 14-2012, f. & cert. ef. 6-1-12

Or. Admin. R. 603-025-0311 Cottage Food Exemption Purpose

(1) The Department recognizes cottage food establishments as a modern method of producing and selling food products. The legislative mandate in ORS 616.723 is accomplished by exempting from licensure and routine inspection of cottage food establishments that;

(a) Limit their food processing activities to only those identified in OAR 603-025-0320 as permissible without a license;

(b) Sell a quantity as described in OAR 603-025-0320 of products; and

(2) The Department retains the responsibility and authority to protect public health by the enforcement of regulations consistent with interstate food safety systems associated with the production, processing, and distribution of all food products or commodities of agricultural origin.

History

Statutory/Other Authority: ORS 561 & 616.028
Statutes/Other Implemented: ORS 616.010 & 616.723
DOA 5-2024, minor correction filed 04/22/2024, effective 04/22/2024
DOA 4-2024, adopt filed 04/18/2024, effective 04/18/2024

Or. Admin. R. 603-025-0315 Definitions for Cottage Food Exempt Activities

In addition to the definitions set forth in ORS 616.695, ORS 616.723, and OAR 603-025-0010, the following shall apply to OAR 603-025-0311 to 603-025-0330:

(1) “Annual gross sales” means the annual retail sale value of food sold by the person or persons operating a Cottage Food establishment.

(2) “Baked goods” means bakery products, as defined in ORS 625.010(2), that are not time/temperature controlled for safety foods.

(3) “Confectionary items” mean candy or sweets, that are not time/temperature controlled for safety foods.

(4) “Cottage Food” means food prepared at a cottage food establishment for public distribution.

(5) “Cottage Food Establishment” means a food establishment that meets the requirements under OAR 603-025-0320(1).

(6) “Event” means a singular location where in-person sales occur.

(7) “Food handler training program” means a food handler training program offered by the Oregon Health Authority or designated agent of the Oregon Health Authority, or offered by a local public health authority or designated agent of the local public health authority that has been approved by the Oregon Health Authority.

(8) “Freeze dried food” means food that has gone through a process of having water removed by being frozen and placed under a vacuum, allowing the ice to change directly from solid to vapor without passing through a liquid phase.

(9) “Marijuana”, “Marijuana item”, “Cannabinoid product”, “Cannabinoid concentrate”, and “Cannabinoid extract” have the meaning given those terms in ORS 475C.009.

(10) “Package” means to place food into a container that directly contacts the food and that the end user receives.

(11) “Potentially hazardous food” or “time/temperature controlled for safety food” means food requiring temperature control due to the capacity to support the rapid and progressive growth of infectious microorganisms or the growth of toxic microorganisms. These foods include, but are not limited to:

(a) Food containing fresh, frozen, or dried meat (including jerky);

(b) Food made with fish or shellfish products;

(d) Focaccia-style breads made with vegetables or cheese; and

(e) Candied fresh fruit products including caramel and candy apples.

(f) Foods;

(A) That have been heat-treated to destroy vegetative cells and subsequently packaged with a pH level greater than 4.60; or

(B) With a water activity (Aw) greater than 0.850.

(12) “Repackage” means transfer of a food from one container to another without any processing to alter the food’s state or characteristics.

History

Statutory/Other Authority: ORS 561, 616 & 625
Statutes/Other Implemented: ORS 561 & 616
DOA 6-2024, minor correction filed 04/22/2024, effective 04/22/2024
DOA 4-2024, amend filed 04/18/2024, effective 04/18/2024
DOA 12-2016, f. & cert. ef. 5-19-16

Or. Admin. R. 603-025-0320 Cottage Food Establishment Exemption

(1) A Cottage Food Establishment must:

(a) Operate from a domestic kitchen;

(b) Prepare foods for public distribution that are not time/temperature controlled for safety, and do not contain marijuana or marijuana items;

(A) Baked goods;

(B) Confectionary items, including freeze dried confectionary items;

(D) Dried tea, spice, or seasoning blends from commercial food;

(E) Popcorn;

(F) Jams and jellies made only with fruit that has a natural pH that is less than 4.60;

(G) Honey or honey products using commercial food;

(H) Syrups;

(I) Fruit butters made only with fruit that has a natural pH that is less than 4.60;

(J) Nut mixes;

(K) Repackaged freeze-dried foods from commercial food;

(L) Repackaged dried and dehydrated foods from commercial food; or

(M) Powdered drink mixes from commercial food;

(d) The domestic kitchen is maintained in a clean, healthful, and sanitary condition, by maintaining or complying with all the following:

(A) Separate closed storage space for ingredients, finished product containers, and labels used in the manufacture of cottage food(s);

(B) Separate refrigerated storage of perishable ingredients utilized in the processing, preparing, or handling of cottage food(s);

(D) Medical supplies or equipment shall not be stored or allowed in the domestic kitchen;

(E) No processing, preparing, packaging, or handling of cottage foods shall be carried on in a domestic kitchen while pets are present or while other domestic activities are being carried on in such domestic kitchen, including, but not limited to;

(i) Family meal preparation, serving, dishwashing, or eating;

(ii) Clothes washing or ironing;

(iii) Cleaning of floors, walls, cabinets, or appliances; or

(iv) Entertaining guests.

(e) The annual gross sales of cottage foods do not exceed $52,700; and

(f) Each employee of the cottage food establishment has successfully completed a food handler training program and holds a certificate issued pursuant to ORS 624.570 and OAR chapter 333 division 175.

(2) The Department may require that an operator have a food item prepared in a cottage food establishment assessed or tested to ensure that it is not a time/temperature controlled for safety food. If an assessment or test is ordered, the operator shall ensure:

(a) That the assessment is done by a recognized Process Authority and be supported with a written document provided by the operator to the Department upon request; or

(b) That testing is conducted at a certified food testing laboratory; and

(A) pH level of 4.60 or less; or

(B) Water Activity (Aw) of 0.850 or less.

(3) Cottage foods may not be sold to an institution, including, but not limited to, a:

(a) Restaurant, which means any place licensed as a restaurant under ORS chapter 624 but does not include any place licensed under ORS chapter 616;

(b) Caterer;

(d) Day care center;

(e) Hospital;

(f) Nursing home; or

(g) Correctional facility.

(4) Cottage foods may be sold to a retailer only if:

(a) The food is packaged as defined in OAR 603-025-0315(10) and labeled as required by OAR 603-025-0325;

(b) The retailer agrees to;

(A) Store and display the cottage foods separately from other foods; and

(B) Use signage to clearly indicate in the display area that the cottage foods are homemade and not prepared in an inspected food establishment. This signage must be in addition to the statement on the cottage food label; and

(A) Maintains a record of the agreement of the retailer to comply with this section; and

(B) Maintains records as described in OAR 603-025-0328.

History

Statutory/Other Authority: ORS 561
Statutes/Other Implemented: ORS 561 & 616.723
DOA 95-2026, amend filed 03/13/2026, effective 03/13/2026
DOA 17-2025, amend filed 08/11/2025, effective 08/11/2025
DOA 4-2024, amend filed 04/18/2024, effective 04/18/2024
DOA 12-2016, f. & cert. ef. 5-19-16

Or. Admin. R. 603-025-0325 Labeling

(1) The label’s principal display panel for cottage food must contain the following statement, “This product is homemade, is not prepared in an inspected food establishment, and must be stored and displayed separately if merchandised by a retailer.”

(2) The label of food prepared in a licensed domestic kitchen, or a cottage food establishment must include:

(a) The name of the food;

(b) The ingredients (and sub-ingredients) of the food in descending order by weight or volume;

(c) Any applicable allergen warnings as specified in The Food Allergen Labeling & Consumer Protection Act of 2004 (FALCPA);

(d) The business name for the food establishment;

(e) The address of the food establishment, including;

(A) The full street address, city, state, and zip code;

(B) The city, state, and zip code if the name and address of the food establishment are listed in a city directory; or

(f) The phone number for the cottage food establishment;

(g) The net weight or net volume of the product in both English and metric units;

(h) If the label provides any nutrient content claim, health claim or other nutritional information, product nutritional information as described in Title 21, Part 101 of the Code of Federal Regulations (2015); and

(i) If there are pets in the residential dwelling the food label must include a statement that:

(A) Pets were present in the residential dwelling;

(B) Includes the species using the common or usual name of the pet. Examples include, but are not limited to: cat, dog, or rabbit; and

(3) All labeling must be done with a print or type size that is conspicuous and easy to read and;

(a) Such a font size must be a minimum height of 1/16” of a lower case “o”; and

(b) Must be prominently displayed and may not be obscured, hidden, or detracted by logos or artwork.

History

Statutory/Other Authority: ORS 561
Statutes/Other Implemented: ORS 561 & ORS 616.723
DOA 4-2024, amend filed 04/18/2024, effective 04/18/2024
DOA 12-2016, f. & cert. ef. 5-19-16

Or. Admin. R. 603-025-0328 Record Requirements

(1) The cottage food establishment must maintain sales records -that include the following information:

(a) Location of sale;

(A) Grouped sales associated with an event may be a single address and must include event organizer contact details if applicable;

(B) Food establishment sales outlet address, including point of contact information; or

(b) Date sold or shipped;

(d) Price; and

(e) Quantity.

(2) A record of the cottage food establishments calculation of annual gross sales ensuring that sales meet the requirements of OAR 603-025-0320(e).

(3) Documents that demonstrate that the cottage food establishment complied with the requirements of OAR 603-025-0320.

(4) Copies of all required records must be retained at a reasonably accessible location for a period of three years and must be made available to the Department for review within five business days.

History

Statutory/Other Authority: ORS 616.723
Statutes/Other Implemented: ORS 561
DOA 4-2024, adopt filed 04/18/2024, effective 04/18/2024

Or. Admin. R. 603-025-0330 Revocation of Exemption

The Department may order a food establishment to become licensed under ORS 616.695 to 616.755 and OAR 603-025-0500 or OAR 603-021-0650 if it;

(1) Fails to comply with OAR 603-025-0311 to 603-025-0330;

(2) Fails to test food products that have a reasonable suspicion of being a time/temperature controlled for safety foods as required under OAR 603-025-0320(2);

(3) Fails to maintain or refuses to provide records as required in OAR 603-025-0328; or

(4) Fails to provide reasonable access to the food establishment or interferes with inspections necessary to protect public health. Reasonable access is between the weekday hours of 8 am to 5 pm, except that if the Department deems it necessary, inspection may occur on weekends or holidays or at any other times cottage foods are being processed, prepared, packaged, or handled.

History

Statutory/Other Authority: ORS 561, 183, 616.028 & 616.273
Statutes/Other Implemented: ORS 561
DOA 4-2024, amend filed 04/18/2024, effective 04/18/2024
DOA 12-2016, f. & cert. ef. 5-19-16

Or. Admin. R. 603-025-0335 Unique Identification Number

(1) A cottage food establishment or licensed domestic kitchen may request a unique identification number from the Department to use on a food label as an alternative to a business address by:

(a) Submitting the complete form designated by the Department, along with any requested information or documentation; and

(b) Payment of a $25 fee.

(2) Each unique identification number shall expire on June 30 next following the date of issuance and may be renewed by payment of a fee of $25 prior to the expiration of the number, except that registration issued before June 30th of 2024 shall be valid until June 30th of 2025.

(3) The use of expired or unauthorized unique identification numbers constitutes misbranding.

(4) The unique identification number is personal to the applicant and may not be transferred. A new number is necessary if the business entity is changed, or if the membership of a partnership is changed, irrespective of whether or not the business name is changed.

History

Statutory/Other Authority: ORS 616.273 & 616.250
Statutes/Other Implemented: ORS 561
DOA 4-2024, adopt filed 04/18/2024, effective 04/18/2024

Or. Admin. R. 603-025-0410 Requirements for Dungeness Crab

Domoic acid is a natural toxin that can accumulate in certain shellfish and fish species and cause amnesic shellfish poisoning, a serious illness, in consumers. In Oregon, a monitoring and response system for recreationally and commercially harvested shellfish and Dungeness crab is in place to protect public health and manage the risk of domoic acid contamination. The Oregon Department of Agriculture (ODA) analyzes Dungeness crab and crab viscera samples gathered from the waters of this state and the Pacific Ocean off Oregon for domoic acid. The Oregon Department of Fish and Wildlife (ODFW) is responsible for opening and closing the crab fishery as well as requiring restrictions and reporting on crab harvest and landing.

(1) Application. These rules apply to commercial fishing and commercial landings regulated by ODFW pursuant to Oregon Revised Statutes (ORS) Chapter 509, to licensed food processors regulated by ODA pursuant to ORS Chapter 616, and to any person, wholesaler or food processor that purchases or receives crab harvested from the waters of this state or the Pacific Ocean off Oregon.

(2) Definitions . For the purposes of these rules, unless the context requires otherwise.

(a) “Biotoxin management zone” consists of at least one violative zone and the adjacent buffer zones. A violative zone is a harvest area with domoic acid test results at or above 30 ppm in crab viscera, at or above 20 ppm in crab meat, or both, that has been either closed to crab harvest or where the harvest and landing of crab for commercial purposes has been prohibited unless it is in accordance with sections 5 and 6 of this rule. ‘Buffer zone” is defined below.

(b) “Buffer zone” means one or more harvest areas adjacent to a violative zone in which, in order to protect public health from domoic acid concerns, the harvest of crab for commercial purposes has been prohibited unless it is in accordance with sections 5 and 6 of this rule. A buffer zone is a part of the biotoxin management zone. Buffer zones have domoic acid results below 30 ppm in the viscera.

(c) “Crab sample set” means all whole crab collected for pre-season testing, routine monitoring, or during a restriction or closure, during a specific sample gathering event from multiple depths within a harvest area.

(d) “Crab” means Dungeness crab ( Cancer magister or Metacarcinus magister ) harvested and sold for commercial purposes from waters of this state or the Pacific Ocean off Oregon .

(e) “Eviscerate” or “Evisceration” means the common processor’s action of removing and discarding the entire intestinal tract, hepatopancreas, all associated abdominal organs of a crab.

(f) “HACCP Plan” means a hazard analysis critical control point plan as described in 21 CFR §123.6 (2016).

(g) “Harvest” means to fish for, hunt, pursue, catch, capture or kill, or attempt to fish for, hunt, pursue, catch, capture or kill.

(h) “Harvest area” means a section of waters of this state or the Pacific Ocean off Oregon delineated for crab traceability purposes. Harvest area are defined as the following geographic areas, including all coastal waters of this state, intertidal areas, rivers and ports between the following boundaries, over which the state of Oregon has jurisdiction, and the Pacific Ocean off Oregon:

(i) “Land”, “Landed” or “Landing” means either of the following:

(A) For fisheries where food fish were taken by use of a vessel, “land, landed or landing” means to begin transfer of food fish from a vessel. Once transfer begins, all food fish on board the vessel are counted as part of that landing.

(B) For fisheries where food fish were taken without use of any vessel, “land, landed or landing” means to begin transfer of food fish from a harvester to a wholesale fish dealer, wholesale fish bait dealer, or food fish canner, under which the following provisions apply:

(i) When the harvester and the wholesale fish dealer, wholesale fish bait dealer, or food fish canner are the same person or entity, transfer occurs when the food fish arrive at the licensed premises of the wholesale fish dealer, wholesale fish bait dealer, or food fish canner; and

(ii) Once transfer begins, all food fish from the harvest area are counted as part of that landing.

(j) “Processor” means any person engaged in commercial, custom, or institutional processing of fish or fishery products, in Oregon, in another state, or in a foreign country. A processor includes any person engaged in the production of any foods that are to be used in market or consumer tests.

(k) “Processing” means handling, storing, preparing, heading, eviscerating, freezing, changing into different market forms, manufacturing, preserving, packing, labeling, dockside unloading or holding.

(l) “Results” or “domoic acid test results” means the test results that Oregon Department of Agriculture obtains by testing crab sample set(s) for domoic acid.

(m) “Sell” includes to offer or possess for sale, barter, exchange or trade.

(n) “Wholesaler” means any person who buys crab that is subject to these rules for resale to retailers, other merchants, or industrial, institution, and commercial users for resale or business use.

(3) Procedures for pre-season domoic acid testing

(a) Prior to the opening of the crab fishing season, ODA will oversee the collection of crab sample set(s) from each harvest area and will test for domoic acid. ODA will oversee the collection of viscera and meat samples from each crab in each crab sample set.

(b) Crab viscera samples will be tested first; if the domoic acid level in any viscera sample is at or above 30 ppm, meat samples will also be tested. If the domoic acid level in any meat sample is at or above 20 ppm, ODA will designate the relevant harvest area(s) as biotoxin management zone(s), and will recommend to ODFW to not open the biotoxin management zone(s).

(c) Unrestricted opening of a harvest area at the beginning of the crab season requires domoic acid test results below 30 ppm in the viscera for all crab in the crab sample set from that harvest area.

(d) If razor clam test results obtained by ODA in a particular harvest area show domoic acid levels of 20 ppm or higher or other indicators show a potential biotoxin concern, ODA may recommend collection of 2 consecutive crab sample sets at least 7 days apart or another frequency at ODA’s discretion. ODA will recommend unrestricted opening of the crab fishery only after domoic acid test results indicate domoic acid levels below 30 ppm in the viscera, and below 20 ppm in the meat, if tested, for all crab in each sample set.

(e) If one or more crab domoic acid test results show domoic acid levels at or above 30 ppm in the viscera and below 20 ppm in the meat, ODA will designate the relevant harvest area(s) as biotoxin management zone(s). ODA will recommend to ODFW to not open the biotoxin management zone(s), or to open the biotoxin management zone(s) only in accordance with sections 5 and 6 of this rule.

(4) Procedures for in-season crab domoic acid testing .

(a) If domoic acid levels at or above 20 ppm are detected in razor clams or another indicator raises concern during the crab fishing season, ODA will oversee the collection of crab sample set(s) every 2 to 4 weeks for domoic acid testing in a harvest area. If no samples are obtained from a harvest area for 4 weeks during the crab fishing season, ODA may place evisceration restrictions on crab caught from that area, or ODA may recommend to ODFW to close the crab fishery in that harvest area.

(b) ODA will oversee the collection of viscera and meat samples from each crab in each sample set. Viscera samples will be tested first; if the domoic acid level in any viscera sample is at or above 30 ppm, meat samples will also be tested.

(A) ODA will designate a biotoxin management zone and recommend to ODFW that the harvesting and landing of crab from the violative zone be prohibited starting from 12:01 am on the date the affected crab sample was harvested. Any crab already harvested from the violative zone starting from 12:01 am on the harvest date of the affected crab sample will be considered adulterated and may not be sold or donated under any circumstance.

(B) ODA will recommend to ODFW to prohibit the harvest and landing of crab for commercial purposes from buffer zones unless it is in accordance with sections 5 and 6 of this rule. Buffer zone restrictions take effect at 12:01 am on the day the test results are issued.

(C) ODA will supervise collection of 2 additional crab sample sets from the violative zone and at least one crab sample set from each adjacent buffer zone. All sample sets must be gathered at least 7 days apart. A shorter time frame between sample sets may be allowed at the discretion of ODA.

(D) ODA will only lift the biotoxin management zone designation and recommend that ODFW harvest restrictions be removed after the violative zone(s) have 2 crab sample sets with domoic acid test results from all meat below 20 ppm and at least one sample set from each buffer zone shows all viscera results below 30 ppm. If results from the crab sample sets show domoic acid levels below 20 ppm in all meat samples but at or above 30 ppm in any viscera sample, a biotoxin management zone designation will remain in place, consistent with subsection (4)(d) of this rule.

(d) If domoic acid test results from a crab sample set show domoic acid levels at or above 30 ppm in any viscera sample and below 20 ppm in all meat samples:

(A) ODA will designate a biotoxin management zone(s) and recommend to ODFW to either prohibit harvest and landing of crab for commercial purposes from the violative zone(s) or to prohibit harvest and landing of crab for commercial purposes from the violative zone(s) unless it is in accordance with sections 5 and 6 of this rule. ODA will recommend to ODFW to begin these prohibitions starting from 12:01 am on the date the affected crab sample was harvested. Any crab already harvested from the violative zone starting from 12:01 am on the harvest date of the affected crab sample will be considered adulterated and under no circumstance may be sold or donated unless it is sold in accordance with sections 5 and 6 of this rule.

(5) All crab harvested from waters of this state or the Pacific Ocean off Oregon must comply with ODFW’s rules OAR 635-005-0466 and 635-006-0201.

(6) Prohibition on uneviscerated crab sales to consumers. If pre-season or in-season testing conducted as described in Sections 3 and 4 of these rules detects domoic acid at or above 30 ppm in crab viscera but below 20 ppm in the meat in 1 or more harvest areas, and the conditions in Section 5 are met and ODA recommends the biotoxin management zone(s) open or remain open with prohibitions on uneviscerated crab sales, no person, processor, or wholesaler shall donate, hold, offer for sale or sell Dungeness crab from the biotoxin management zone unless the following conditions are met.

(a) The crab is conveyed or sold to a food processing establishment licensed by ODA or to a licensed food processor that eviscerates and processes crab consistent with subsection (6)(e).

(b) The crab is conveyed or sold to a wholesaler that in turn sells all crab subject to these rules to a food processor that is licensed by ODA or to a licensed processor.

(c) In no case may uneviscerated crab be conveyed, sold or donated to retailers or directly to consumers unless it is processed as described in subsection (6)(d).

(d) Food processors or wholesalers are prohibited from selling or offering for sale to retailers or to consumers crab as described in this section unless:

(A) The licensed processor conducts its activities consistent with a seafood HACCP plan; and

(B) The crab is eviscerated.

(e) If any of the landed crab in a landing from a fishing vessel came from a biotoxin management zone, the entire landing shall be subject to the requirements of this section. Landings for which the harvest area is unspecified shall be subject to the requirements of this section. Failure of a producer or wholesaler to notify processors that crab originated from a biotoxin management zone and so must be processed consistent with this section before it is donated, held, offered for sale or sold to consumers will be considered a violation of ORS 616.215(1).

(7) Penalties. Whenever it is found that any crab as described in subsection (6) is sold, offered for sale, or donated to any person in a manner that is inconsistent with these rules, the crab is considered adulterated food, and the holding, or offering for sale of crab is prohibited as provided in ORS 616.215(1). If any person violates these rules, ODA may proceed with any lawful remedy including, but not limited to:

(a) Seeking the district attorney to institute proceedings in the proper courts to be prosecuted in the manner required by law;

(b) Enjoining violations of law in a summary proceeding;

(d) Imposing civil penalties up to $10,000 for each violation as provided in ORS 616.997.

History

Statutory/Other Authority: ORS 616.215, ORS 616.225, ORS 616.235, ORS 561.190
Statutes/Other Implemented: ORS 616.215 & 616.235
DOA 5-2020, amend filed 04/15/2020, effective 04/15/2020
DOA 23-2019, temporary amend filed 12/18/2019, effective 12/18/2019 through 06/14/2020
DOA 19-2017, adopt filed 11/20/2017, effective 11/20/2017

Or. Admin. R. 603-025-0426 Crab Harvested Outside Oregon in an Area that Would Be a Biotoxin Management Zone, if in Oregon

(1) Application. This rule applies only to Dungeness crab (Cancer magister or Metacarcinus magister) harvested and sold for commercial purposes that:

(a) Contains viscera, whole or in part;

(b) Is not harvested in waters of this state or the Pacific Ocean off Oregon;

(c) Is harvested from an area in which crab viscera samples that were tested under the authority of the responsible state agency showed domoic acid levels of 30 ppm or higher; and

(d) Is sold into, or otherwise enters, Oregon.

(2) Definitions. The definitions in OAR 603-025-0410 apply to this rule, except for the definition of “crab” in OAR 603-025-0410(2)(c).

(3) Prohibitions.

(a) It is prohibited to sell, offer for sale, deliver or donate crab described in section (1) of this rule unless:

(A) The crab is conveyed or sold to a food processing establishment licensed by ODA or to a licensed food processor that eviscerates and processes crab consistent with subsection (3)(d); or

(B) The crab is conveyed or sold to a wholesaler that in turn sells all crab subject to these rules to a food processor that is licensed by ODA or to a licensed processor.

(b) In no case may uneviscerated crab be conveyed, sold or donated to retailers or directly to consumers unless it is processed as described in subsection (3)(c).

(c) Food processors or wholesalers are prohibited from selling or offering for sale to retailers or to consumers crab as described in this section unless:

(A) The licensed processor conducts its activities consistent with a seafood HACCP plan; and

(B) The crab is eviscerated.

(d) If section (1) of this rule accurately describes any of the landed crab in a landing from a fishing vessel, the entire landing shall be subject to the requirements of this section. Landings for which the harvest location is unspecified shall be subject to the requirements of this section. Failure of a producer or wholesaler to notify processors that crab originated from an area in which domoic acid levels in viscera were 30 ppm or higher and therefore must be processed consistent with this section before it is donated, held, offered for sale or sold to consumers will be considered a violation of ORS 616.215(1).

(4) Penalties. Whenever it is found that any crab described in this rule is sold, offered for sale, or donated to any person in a manner that is inconsistent with this rule, the crab is considered adulterated food, and the holding, or offering for sale of crab is prohibited as provided in ORS 616.215(1). If any person violates this rule, ODA may proceed with any lawful remedy including:

(a) Seeking the district attorney to institute proceedings in the proper courts to be prosecuted in the manner required by law;

(b) Enjoining violations of law in a summary proceeding;

(d) Civil penalties up to $10,000 for each violation as provided in ORS 616.997.

History

Statutory/Other Authority: ORS 616.215, ORS 616.225, ORS 616.235 & ORS 561.190
Statutes/Other Implemented: ORS 616.215 & ORS 616.235
DOA 25-2021, adopt filed 10/22/2021, effective 10/22/2021

Or. Admin. R. 603-025-0500 License Fees and Categories for Food Establishments

Except as otherwise provided in ORS 616.695 to 616.755, a person may not operate a “food establishment,” as defined in ORS 616.695(2), without first obtaining and thereafter maintaining a license from the department. Pursuant to ORS 616.706, the department may establish license fees for food establishments based on the license applicant’s annual gross dollar volume of sales of covered operations in Oregon. The annual license fees for food establishments are as follows:

(1) Retail food establishment, as defined in OAR 603-025-0010(11) (annual gross dollar volume of sales):

(a) $0-$5,000: $159

(b) $5,001 - $50,000: $159

(d) $500,001 - $1,000,000: $381

(e) $1,000,001 - $5,000,000: $571

(f) $5,000,001 - $10,000,000: $696

(g) Greater than $10,000,000: $824

(2) Food storage warehouse, as defined in OAR 603-025-0010(13) (annual gross dollar volume of sales):

(a) $0 - $5,000 - $127

(b) $5,001 - $50,000 - $127

(d) $500,001 - $1,000,000 - $159

(e) $1,000,001 - $5,000,000 - $159

(f) $5,000,001 - $10,000,000 - $159

(g) Greater than $10,000,000 - $191

(3) Food processing establishment, as defined in OAR 603-025-0010(10) (annual gross dollar volume of sales):

(a) $0 - $5,000 - $381

(b) $5,001 - $50,000 - $381

(d) $500,001 - $1,000,000 - $634

(e) $1,000,001 - $5,000,000 - $824

(f) $5,000,001 - $10,000,000 - $950

(g) Greater than $10,000,000 - $1,077

(4) Farm mixed-type facility, as defined in OAR 603-025-0010(8) (annual gross dollar volume of sales):

(a) $0 - $5,000 - $381

(b) $5,001 - $50,000 - $381

(d) $500,001 - $1,000,000 - $634

(e) $1,000,001 - $5,000,000 - $824

(f) $5,000,001 - $10,000,000 - $950

(g) Greater than $10,000,000 - $1,077

(5) Domestic kitchen establishment, as defined in OAR 603-025-0200(1): $223

History

Statutory/Other Authority: ORS 561 & ORS 616
Statutes/Other Implemented: ORS 616.706 & OL 2021, Ch. 564
DOA 9-2022, amend filed 05/12/2022, effective 05/16/2022
DOA 14-2021, amend filed 04/15/2021, effective 05/01/2021
DOA 2-2020, amend filed 02/27/2020, effective 02/28/2020
DOA 12-2018, adopt filed 03/12/2018, effective 03/12/2018

Or. Admin. R. 603-025-0510 New License Payments; Food Establishment License Expiration; Operating without a License

(1) New license payments must be received within 14 calendar days of the department’s initial approval inspection or a change of ownership. If a new license payment is not received within 14 calendar days of the initial approval inspection or a change of ownership, the establishment will be considered operating without a license.

(2) Each license shall expire on June 30 next following the date of issuance.

(3) The department will collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th calendar day after the license expiration date.

(4) The delinquent renewal penalty shall be 30 percent of the license fee.

(7) The department will waive the delinquent renewal penalty if:

(a) The licensee's failure to renew the license prior to the 60th calendar day was caused entirely or in part by a department error or omission; or

(9) A previously licensed food establishment will be considered to be operating without a license if the establishment fails to renew the license by the 90th calendar day after the license expires.

History

Statutory/Other Authority: ORS 561 & 616
Statutes/Other Implemented: ORS 561.300 & 616.706
DOA 12-2018, adopt filed 03/12/2018, effective 03/12/2018

Or. Admin. R. 603-025-0520 Scope and Purpose

OAR 603-025-0520 to 603-025-0535 set forth the procedures that the Department of Agriculture will follow when it orders the closure of a food establishment that has failed to obtain a required authorization from the department, or whose required authorization has lapsed.OAR 603-025-0520 to 603-025-0535 set forth the procedures that the Department of Agriculture will follow when it orders the closure of a food establishment that has failed to obtain a required authorization from the department, or whose required authorization has lap

History

Statutory/Other Authority: ORS 616.697, ORS 632.705-632.815, ORS 616.692, ORS 621-622, ORS 624-625 & ORS 561.300
Statutes/Other Implemented: ORS 616.697 & ORS 183.745
DOA 20-2021, adopt filed 06/07/2021, effective 06/07/2021

Or. Admin. R. 603-025-0525 Definitions

(1) The definitions in this rule apply to OAR 603-025-0520 to 603-025-0535.

(2) “Required authorization” means a license, permit, certificate or other approval for the operation of a food establishment that a person is required by law to obtain from the department.

(3) “Fails to obtain a required authorization,” including variations of that phrase, means that a food establishment is operating without an authorization from the department that is required by law. “Fails to obtain a required authorization” includes, but is not limited to, when a food establishment fails to pay a license payment within 14 calendar days of the department’s initial approval inspection or a change of ownership, in which case the failure to obtain a required authorization is treated as beginning on the 14th calendar day after the department’s initial approval inspection or a change of ownership.

(4) “Food establishment” has the meaning given that term in ORS 616.695.

(5) “Lapsed” means that a required authorization has expired.

History

Statutory/Other Authority: ORS 616.697, ORS616.695, ORS 632.705-632.815, ORs 621-622, ORS 624-625 & ORS 561.300
Statutes/Other Implemented: ORS 616.697 & ORS 183.745
DOA 20-2021, adopt filed 06/07/2021, effective 06/07/2021

Or. Admin. R. 603-025-0530 Closure of Food Establishment That Fails to Obtain a Required Authorization

(1) When the department orders the closure of a food establishment that fails to obtain a required authorization, the department shall follow the procedures set forth in this rule.

(2) If a food establishment fails to obtain a required authorization, the department shall provide written notice to the owner or operator that the food establishment has 45 days from the date on which the written notice is mailed to obtain the required authorization from the department.

(3) If the food establishment fails to obtain the required authorization within 45 days from the date on which the written notice in section (2) of this rule is mailed, the department shall provide written notice to the owner or operator that the food establishment has failed to obtain the required authorization, and that the department will issue a proposed order to close the food establishment if the food establishment fails to obtain the required authorization within 30 days from the date on which the written notice in this section (3) is mailed. The notice shall be mailed via certified mail to the last-known address of the owner or operator on file with the department or, if none, to the address of the food establishment.

(4) If the food establishment fails to obtain the required authorization within 30 days from the date on which the written notice in section (3) of this rule is mailed, the department shall issue a proposed order to close the food establishment. A proposed order to close a food establishment issued under this section (4) is an order in contested case that is subject to the applicable provisions of Oregon Revised Statutes chapter 183 and Oregon Administrative Rules chapter 137, division 3.

(5) A food establishment may request a hearing on a proposed order to close the food establishment issued under section (4) of this rule. Any hearing request must be in writing, must comply with the applicable provisions of Oregon Administrative Rules chapter 137, division 3, and must be received by the department within 10 calendar days of the date on which the proposed closure order is mailed.

History

Statutory/Other Authority: ORS 616.697, ORS 616.695, ORS 632.705-632.815, ORsS 621-622, ORS 624-625 & ORs 561.300
Statutes/Other Implemented: ORS 616.697 & ORS 183.745
DOA 20-2021, adopt filed 06/07/2021, effective 06/07/2021

Or. Admin. R. 603-025-0535 Closure of Food Establishment Whose Required Authorization Has Lapsed

(1) When the department orders the closure of a food establishment whose required authorization has lapsed, the department shall follow the procedures set forth in this rule.

(2) As required by ORS 561.300 and OAR 603-025-0510(5), if a food establishment fails to renew a required authorization by the 30th calendar day after it lapses, the department shall give notice to the food establishment that a delinquent renewal penalty will be collected if the required authorization fee is not paid before the 60th calendar day after the authorization lapses.

(3) If a food establishment fails to renew a required authorization by the 90th calendar day after the authorization lapses, the department shall provide written notice to the owner or operator that the authorization required for operating the food establishment remains lapsed and that the food establishment is considered to be operating without a license. The notice shall be mailed via certified mail to the last-known address of the owner or operator on file with the department or, if none, to the address of the food establishment.

(4) If a food establishment fails to renew the required authorization within 30 days from the date on which the written notice in section (3) of this rule is mailed, the department shall issue a proposed order to close the food establishment. A proposed order to close a food establishment issued under this section (4) is an order in contested case and is subject to the applicable provisions of Oregon Revised Statutes chapter 183 and Oregon Administrative Rules chapter 137, division 3.

History

Statutory/Other Authority: ORS 616.697, ORS 616.695, ORS 632.705-632.815, ORS 619, ORS 621-622, ORS 624-625 & ORS 561.300
Statutes/Other Implemented: ORS 616.697 & ORS 183.745
DOA 20-2021, adopt filed 06/07/2021, effective 06/07/2021

Or. Admin. R. 603-025-0900 Purpose

History

Statutory/Other Authority: ORS 561.190, 616.997 & 632.995
Statutes/Other Implemented: ORS 616.997 & 632.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-025-0910 Definitions

As used in OAR 603-025-0920 through 603-025-0930, unless otherwise required by the context, the following terms will be construed to mean:

(1) "Department" means the Oregon Department of Agriculture.

(2) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction.

(3) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur.

(4) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences.

(7) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation.

(8) "Violation" means the failure to comply with any requirement of ORS Chapter 616 or any rules adopted thereunder.

History

Statutory/Other Authority: ORS 561.190, 616.997 & 632.995
Statutes/Other Implemented: ORS 616.997 & 632.995
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-025-0920 Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190, 616.992, 616.994, or 632.990 the Department may impose a civil penalty with respective amounts for:

(1) Violation of ORS 616.073(3), relating to sulfite use. Penalty — $500 to $5,000.

(2) The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded as explained in ORS 616.215(1). Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(3) The adulteration or misbranding of any food as explained in ORS 616.215(2). Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(4) The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise as explained in ORS 616.215(3). Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(5) Violation of the labeling requirements of ORS 616.215(4). Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(6) The dissemination of any false advertisement as explained in ORS 616.215(5). Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(7) Interference with any inspection or investigation performed pursuant to ORS 616.286. Penalty — $5,000 to $10,000.

(8) The giving of a guaranty or undertaking which is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person from whom the person received in good faith the food as explained in ORS 616.215(7). Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(9) The removal or disposal of a detained or embargoed article in violation of ORS 616.225. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(10) The alteration, mutilation, destruction, obliteration or removal of the whole or any part of the label of a food, if done while such article is held for sale and results in such article being misbranded as explained in ORS 616.215(9). Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(11) Forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification device authorized or required by rules promulgated under the provisions of ORS 616.205 to 616.295 and 616.305 to 616.315. Penalty — $5,000 to $10,000.

(12) The use by any person to the person’s own advantage, or disclosure, other than to the Director or the authorized representative of the director or to the courts when relevant in any judicial proceeding under ORS 616.205 to 616.385, of any information acquired under the authority of ORS 616.205 to 616.385 concerning any method or process which is a trade secret entitled to protection. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(13) Labeling or offering for sale any food fish product designated as halibut, with or without additional descriptive words, unless such food fish product is Hippoglossus hippoglossus or Hippoglossus stenolepsis as explained in ORS 616.217. Penalty — $500 to $5,000.

(14) Failure of a retail or wholesale food distributor to place a warning label on food containing diethylstilbestrol pursuant to ORS 616.333. Penalty — $500 to $5,000.

(15) Violation of rules promulgated under ORS 616.700, relating to sanitation requirements for food and food establishments. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(16) Operating a food establishment without obtaining or maintaining a license as required in ORS 616.706. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(17) Knowingly misrepresenting the annual gross dollar volume of sales of covered operations by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales records on a fiscal basis, the prior fiscal year for the requirements of ORS 616.706. Penalty — $1,000 to $5,000.

(18) The unauthorized removal of a notice posted by the department under the authority of ORS 616.740. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(19) The manufacture, sale or delivery, holding or offering for sale of any food that does not conform to a standard of identity when the Department has adopted a standard of identity food as explained in ORS 616.761 to 616.775. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(20) Violation of ORS 616.785, relating to unenriched flours, macaroni, and noodle products. Penalty — $500 to $5,000.

(21) Interference with a lawful inspection under authority of ORS 616.790. Penalty — $5,000 to $10,000.

(22) Violation of the Open Date Labeling Laws of ORS 616.815, 616.820, 616.825 or 616.830 or the rules adopted under ORS 616.835, relating to open date labeling. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(23) Violation of ORS 616.860, relating to unit pricing. Penalty — $500 to $5,000.

(24) A retail seller of packaged consumer commodities failing to express unit retail price statements in terms of the price per single whole unit of weight, volume, measure or count as prescribed by administrative rules adopted by the Department under ORS 616.875 for particular consumer commodities or groups for consumer commodities. Penalty — $500 to $5,000.

(25) An enforcement officer may enforce the provisions of SB 90 (2019) in the ordinary course of conducting an inspection pursuant to 616.286 or 624.010 to 624.121 or 624.310 to 624.430.

(26) A food and beverage provider or a convenience store that provides straws in violation of 603-025-0030, 4-502.13 Single-Service and Single-Use Articles, Use Limitation is subject to a notice for the first and second violation and, for subsequent violations, to a fine of not more than $25 for each day in which the food and beverage provider or convenience store remains in violation of this section. The enforcement officer may not impose total fines of more than $300 during a calendar year to a food and beverage provider or a convenience store violation of this section.

(27) Operating a food establishment that has been closed by the department pursuant to HB 2060 (2019) because it failed to obtain a required authorization, or because a required authorization lapsed. Penalty – $10,000.

History

Statutory/Other Authority: ORS 561.190, 616.997, 632.995 & SB 90 (2019)
Statutes/Other Implemented: ORS 616.997 & 632.995
DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021
DOA 25-2019, amend filed 12/20/2019, effective 12/20/2019
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-025-0930 Penalty factors; procedure

(1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 616.997, the Department shall consider the following factors, which are listed in prioritized order:

(a) The immediacy and extent to which the violation threatens the public health or safety.

(b) Any prior violations of statutes, rules or orders pertaining to food and other commodities.

(c) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.

(3) Repeat violations of OAR 603-025-0910 will be assessed as three times the penalty amount in OAR 603-025-0910, not to exceed $10,000.

History

Statutory/Other Authority: ORS 561.190, 616.997 & 632.995
Statutes/Other Implemented: ORS 616.997 & 632.995
DOA 26-2018, minor correction filed 10/25/2018, effective 10/25/2018
DOA 2-2013, f. & cert. ef. 2-7-13

Division 27 SALE BY WEIGHT OR MEASURE

Or. Admin. R. 603-027-0030 License Fees and Categories

The annual license fees for weighing or measuring instruments or devices, as provided for in ORS 618.136 and 618.141 are as follows:

(1) Discrete Weighing Devices (mfr. rated capacity):

(a) 0-400 pounds — $52.00;

(b) 401-1,160 pounds — $104.00;

(d) 7,501-60,000 pounds — $314.00;

(e) Over 60,000 pounds — $314.00;

(f) Static Railroad Track Scales — $1,353.00;

(2) Continuous Weighing Systems (mfr. rated capacity):

(a) Under 10 tons/hour — $394.00;

(b) 10-150 tons/hour — $611.00;

(d) Over 1,000 tons/hour — $2,709.00;

(e) In motion railroad track scales — $1,353.00;

(3) Liquid Fuel Metering Devices for Noncorrosive Fuels Contained at Atmospheric Pressure (max. device flowrate):

(a) Under 20 gal/min — $43.00;

(b) 20-150 gal/min — $209.00;

(4) Special Liquid Fuel Measuring Equipment:

(a) Liquefied Petroleum Gas meters:

(A) 1" pipe diameter or under — $314.00;

(B) Over 1" pipe diameter — $314.00;

(b) Liquefied Petroleum Gas Vapor-Measuring Devices:

(A) 1" pipe diameter or under — $15.00;

(B) Over 1" pipe diameter — $20.00.

History

Statutory/Other Authority: ORS 618.031
Statutes/Other Implemented: ORS 618.136 & ORS 618.141
DOA 103-2026, amend filed 06/24/2026, effective 06/24/2026
DOA 2-2025, amend filed 01/15/2025, effective 01/15/2025
DOA 17-2023, amend filed 04/25/2023, effective 05/10/2023
DOA 17-2018, amend filed 04/20/2018, effective 04/20/2018
DOA 17-2007, f. & cert. ef. 11-8-07
DOA 11-2007(Temp), f. 6-25-07, cert. ef. 7-1-07 thru 12-21-07
DOA 10-2002, f. & cert. ef. 3-7-02
AD 12-1996, f. & cert. ef. 12-10-96
AD 3-1992, f. & cert. ef. 4-9-92
AD 8-1990, f. 4-5-90, cert. ef. 7-1-90
AD 7-1984, f. & ef. 4-18-84
AD 5-1983, f. & ef. 5-4-83
AD 18-1977, f. & ef. 8-19-77
AD 13-1977, f. & ef. 6-17-77
AD 1083(6-76), f. 3-5-76, ef. 7-1-76
AD 1025(15-74), f. 4-30-74, ef. 7-1-74

Or. Admin. R. 603-027-0105 Application

The Weights and Measures Packaging and Labeling requirements for all food and nonfood commodities in package form shall be the Uniform Packaging and Labeling Regulation requirements adopted by the National Conference on Weights and Measures, as published by the U.S. Department of Commerce in its NIST (National Institute of Standards and Technology Handbook 130 2009 Edition, entitled "Uniform Laws And Regulations in the areas of legal metrology and motor fuel quality".

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 618
Statutes/Other Implemented: ORS 618.016, 618.031, 618.066, 618.201, 618.211, 618.216, 618.221, 618.226, 618.231 & 618.246
DOA 19-2010, f. & cert. ef. 9-14-10
DOA 3-2007, f. & cert. ef. 2-2-07
DOA 20-2004, f. & cert. ef. 6-28-04
DOA 9-2002, f. & cert. ef. 2-15-02
DOA 17-2000, f. & cert. ef. 6-14-00
AD 12-1996, f. & cert. ef. 12-10-96
AD 3-1992, f. & cert. ef. 4-9-92
AD 8-1990, f. & cert. ef. 4-5-90
AD 15-1986, f. & ef. 12-19-86
AD 12-1984, f. & ef. 9-24-84
AD 1011(1-74), f. 1-7-74, ef. 1-25-74

Or. Admin. R. 603-027-0170 Package Checking Procedures

The procedures for checking the accuracy of the net content statement on packaged goods shall be those adopted by the National Conference on Weights and Measures, and contained in the Fourth Edition of NIST Handbook 133, published by the United States Department of Commerce National Institute of Standards and Technology (NIST), January 2005 and entitled "NIST Handbook 133 Checking the Net Contents of Packaged Goods".

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 618
Statutes/Other Implemented: ORS 618.016, 618.031, 618.066, 618.201, 618.211, 618.221 & 618.231
DOA 3-2007, f. & cert. ef. 2-2-07
DOA 20-2004, f. & cert. ef. 6-28-04
DOA 9-2002, f. & cert. ef. 2-15-02
AD 12-1996, f. & cert. ef. 12-10-96
AD 3-1992, f. & cert. ef. 4-9-92
AD 8-1990, f. & cert. ef. 4-5-90
AD 15-1986, f. & ef. 12-19-86

Or. Admin. R. 603-027-0180 Examination Procedures for Price Verification.

The procedures for price verification and accuracy in any store, including those that use Universal Product Code (U.P.C.) scanners and price-look-up codes at the checkout counter as a means for pricing, shall be those adopted by the National Conference on Weights and Measures, and contained in the National Institute of Standards and Technology (NIST) Handbook 130 2009 Edition, entitled "Uniform Laws And Regulations in the areas of legal metrology and engine fuel quality," subsection "Examination Procedure for Price Verification."

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 618
Statutes/Other Implemented: ORS 618.016, 618.031, 618.051, 618.056, 618.066, 618.076, 618.081, 618.096, 618.201 & 618.236
DOA 19-2010, f. & cert. ef. 9-14-10
DOA 3-2007, f. & cert. ef. 2-2-07
DOA 20-2004, f. & cert. ef. 6-28-04
DOA 9-2002, f. & cert. ef. 2-15-02
DOA 17-2000, f. & cert. ef. 6-14-00

Or. Admin. R. 603-027-0206 Weights and Measures Requirements

The weights and measures requirements as to methods of sale of all food and nonfood commodities shall be the requirements adopted by the National Conference on Weights and Measures, as published by the United States Department of Commerce in its NIST (National Institute of Standards and Technology) Handbook 130 2009 Edition, entitled "Uniform Regulation for the Method of Sale of Commodities."

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561, 618 & 621
Statutes/Other Implemented: ORS 618.016, 618.031, 618.066, 618.201, 618.206, 618.226, 618.236, 618.241 & 618.246
DOA 19-2010, f. & cert. ef. 9-14-10
DOA 3-2007, f. & cert. ef. 2-2-07
DOA 20-2004, f. & cert. ef. 6-28-04
DOA 9-2002, f. & cert. ef. 2-15-02
DOA 17-2000, f. & cert. ef. 6-14-00
AD 12-1996, f. & cert. ef. 12-10-96
AD 3-1992, f. & cert. ef. 4-9-92
AD 8-1990, f. & cert. ef. 4-5-90
AD 15-1986, f. & ef. 12-19-86
AD 12-1984, f. & ef. 9-24-84

Or. Admin. R. 603-027-0220 Exceptions to the National Institute of Standards and Technology Handbook 130 (2009 Edition)

The following exceptions and amendments are made to said handbook identified in OAR 603-027-206 Method of Sale of Commodities:

(1) Ready-to-Eat Food Definition. Change Section 1.12.1. Definition to read as follows: “‘Ready-to-Eat Food’ is restaurant-style food offered or exposed for sale without additional cooking or preparation, whether in restaurants, supermarkets, or similar food service establishments, packaged on the premises for convenience and presentation, and that is ready for consumption, though not necessarily on the premises where sold. Ready-to-Eat Food does not include sliced luncheon products, such as meat, poultry, or cheese when sold separately.”

(2) Ready-to-Eat Food Methods of Sale. Change Section 1.12.2. Methods of Sale to read as follows: “Ready-to-Eat Food sold from bulk, or in servings packed on the premises, may be sold by weight, measure, or count (count includes servings) provided that:

(a) When Ready-to-Eat Foods are sold by count or measure, when such methods of sale are not customary, they shall be offered for sale by count or measure in areas of the establishment where customers would expect to find Ready-to-Eat Foods (e.g. Deli Section, Produce Section, etc.); and

(b) When Ready-to-Eat Foods are offered for sale near similar products packaged off of the premises, the Ready-to-Eat Foods shall be sold by the same method of sale as similar products.”

History

Statutory/Other Authority: ORS 561 & 618
Statutes/Other Implemented: ORS 618.016, 618.031, 618.066, 618.201, 618.206, 618.211, 618.216, 618.221, 618.226, 618.231, 618.236 & 618.246
DOA 19-2010, f. & cert. ef. 9-14-10
DOA 3-2007, f. & cert. ef. 2-2-07
DOA 20-2004, f. & cert. ef. 6-28-04
DOA 9-2002, f. & cert. ef. 2-15-02
DOA 17-2000, f. & cert. ef. 6-14-00

Or. Admin. R. 603-027-0370 Sawdust, Barkdust, Decorative Wood Particles, and Similar Products

(1) As used in this rule, “Unit” means a standard volume equal to 200 cubic feet.

(2) Method of Sale. Quantity representations for sawdust, barkdust, decorative wood particles, and similar loose bulk materials when advertised, offered for sale, or sold within the state shall be in terms of cubic measure or units and fractions thereof.

History

Statutory/Other Authority: ORS 561.190 & 618.136 — 618.246
Statutes/Other Implemented: ORS 561.190 & 618.136 — 618.246
AD 1012(2-74), f. 1-10-74, ef. 2-11-74

Or. Admin. R. 603-027-0395 Liquefied Petroleum Gas (LPG)

(1) As used in this rule, "Liquefied Petroleum Gas," "LP Gas," or "LPG" means a petroleum product composed predominantly of any of the hydrocarbons propane, propylene, butane (normal or iso), butylene, or mixtures thereof, maintained in the liquid state.

(2) Method of Sale. Liquefied petroleum gas shall be sold by weight or liquid measure determined from legal devices as provided in ORS 618.121 and 618.141. Customer charges for LP gas purchased at retail shall be computed only on the basis of the net weight or liquid measure received by the purchaser but may, for deliveries of two gallons or eight pounds or less, include an additional "bottle filling service charge" if the retailer so chooses and has clearly disclosed the use of the additional service charge. "Clearly disclosed" for bottle filling service charge means that both:

(a) The additional dollar amount for the filling charge; and

(b) The conditions under which the additional bottle filling service charge applies, are displayed by the retailer in a clear and conspicuous manner on both the dispensing device and on all signs advertising the price of LP-gas at that site. Minimum transaction charges based solely on the size of the customer’s LP-gas container or set at flat or fixed dollar amounts without regard to the actual quantity of LP-gas remaining in or delivered by the retailer into the customer’s container(s) are prohibited.

(3) Pressure Differential System. In the process of measuring liquefied petroleum gas for the purpose of sale whenever a meter is used for the purpose of determining the quantity, a pressure differential between vessels shall not be obtained by use of a vapor pump or compressor, unless the vapor being transferred to the dispensing vessel is accurately measured by means of an accepted and approved vapor meter and the quantity of such vapor is deducted from the LPG delivered.

(4) Use of External Heat Source. The use of an external source of heat or energy which contributes to the thermal expansion of the liquefied petroleum gas immediately before or during the process of delivery, when the basis of settlement for such sale is liquid volume, is prohibited.

(5) Marking of Cylinders and Bottles. When liquefied petroleum gas is sold by weight and delivered in a cylinder or bottle, such cylinder or bottle must be legibly and conspicuously marked with, in addition to any other marking or labeling required by state or federal law, the following:

(a) The tare weight expressed in pounds or other identified unit of weight including all permanently attached fittings but not the cap;

(b) The water capacity expressed in pounds or other identified unit of weight if a refillable container;

(6) Vapor-Return Lines. Vapor return lines are only permitted for metered delivery of liquefied petroleum gas from a supplier's tank to a receiving container under special circumstances, as provided for in section U.R.2.3. VAPOR-RETURN LINE (of NIST Handbook 44). When use is permitted, these vapor return lines must be of the portable type and must be physically disconnected from both the supplier's tank and the receiving container after each delivery.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 618
Statutes/Other Implemented: ORS 618.016, 618.031, 618.051, 618.056, 618.066, 618.096, 618.206, 618.236 & 618.241
DOA 11-2004, f. & cert. ef. 3-26-04
DOA 8-2000, f. & cert. ef. 3-29-00
AD 12-1996, f. & cert. ef. 12-10-96
AD 20-1990, f. & cert. ef. 10-25-90
AD 8-1990, f. & cert. ef. 4-5-90
AD 1012(2-74), f. 1-10-74, ef. 2-11-74

Or. Admin. R. 603-027-0397 Hydrocarbon Gas Vapor-Measuring Devices.

(1) As used in this rule, “Hydrocarbon Gas” means propane, propylene, butanes, butylenes and any other hydrocarbon gas/air mix maintained in a vapor state.

(2) Method of Sale. Hydrocarbon gas shall be offered, exposed for sale, and sold by metered cubic foot or cubic meter of vapor defined as 1 cubic foot at 60°F or 1 cubic meter at 15°C determined from legal-for-trade hydrocarbon gas vapor-measuring devices as provided in ORS 618.121 and 618.141. Any charges or custody transfer of hydrocarbon gas shall be determined by a legal-for-trade, licensed hydrocarbon gas vapor-measuring device.

(3) Retention of Customer Invoices. Any person engaging in the sale of hydrocarbon gas vapor shall retain a record of:

(a) Each individual hydrocarbon gas vapor-measuring device billing invoice; and

(b) The applicable rate schedule for a period of not less than 12 months and shall make them available at reasonable times for inspection and copying by the customer and the Measurement Standards Division.

(4) Adjustment of Overcharges. Where, initiated by a written customer complaint and through a Measurement Standards Division certification examination, a hydrocarbon gas vapor-measuring device is found to be over-registering beyond the applicable tolerance, the person using the device shall issue a refund or credit to the customer for the amount of any overcharge, without interest, computed back to the date that the person using the device determines the hydrocarbon gas vapor-measuring device error commenced, except that the period of adjustment shall not exceed six (6) months.

(5) Responsibility for Licensing. The person using hydrocarbon gas vapor-measuring devices is responsible to license these devices as required in ORS 618.121 prior to them being placed into commercial service.

(6) Responsibility for Testing and Certification Examinations. The person using hydrocarbon gas vapor-measuring devices is responsible for:

(a) Transporting and all associated transportation costs of hydrocarbon gas vapor-measuring devices to and from the Measurement Standards Division for testing and certification examinations;

(b) Assuring that a minimum of 10 percent per year of all hydrocarbon gas vapor-measuring devices in commercial service as of July 1, 2002 are delivered to the Measurement Standards Division for testing and certification examination until all such devices have been tested and certified; and

(c) Assuring that all hydrocarbon gas vapor-measuring devices are delivered to the Measurement Standards Division for testing and certification examination prior to them being placed into commercial service.

History

Statutory/Other Authority: ORS 618
Statutes/Other Implemented: ORS 618.016, 618.031, 618.051, 618.056, 618.066, 618.096, 618.121, 618.141, 618.206, 618.236 & 618.241
DOA 10-2002, f. & cert. ef. 3-7-02

Or. Admin. R. 603-027-0400 Liquid Fuels

(1) As used in this rule, "Liquid Fuel" means any predominately hydrocarbon compound or mixture for use as engine or heating fuel that exists as a noncorrosive liquid at atmospheric pressure, including, but not limited to, gasoline, tractor fuel, kerosene, jet fuel, diesel, and heating oil.

(2) Method of Sale.

(a) Liquid fuel shall be sold by weight or liquid measure determined from legal devices as provided in ORS 618.121 and 618.141. Use of tank gaging methods that include sticks, rods, markers, or other volume-measuring elements not permanently attached or sealed to such tanks is prohibited for purposes of product sale or transfer of ownership for tanks or tank compartments with capacities of 10,500 gallons (250 Bbl.) or less.

(b) The use of automatic temperature compensation with vehicle tank meter systems is prohibited.

(3) Declaration of Quantity: Liquid Measure. Quantity declarations or representations in terms of liquid measure shall for wholesale transactions or deliveries indicate the volume occupied by the products at 60°F consistent with Petroleum Measurement Tables (ASTM D-1250-80) (1990) (API MPMS Ch.11.1) published by the American Society for Testing Materials, unless the measuring device and any associated bill of lading, delivery ticket, or invoice are clearly marked to indicate that:

(a) The volume is based on a specified product temperature other than 60°F; or

(b) The quantity declaration or representation is "not corrected to 60°F," or is otherwise qualified by language of similar import.

(4) Advertising and Computing Unit Price. Whenever a liquid fuel is sold at retail by means of a computing-type device and a unit price for such fuel is advertised, posted, or displayed by the seller, the unit price at which the device is (or devices are, if more than one dispense such brand, blend, or mixture) set to compute at, shall coincide exactly with the advertised, posted, or displayed unit price for such fuel.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 618
Statutes/Other Implemented: ORS 618.016, 618.031, 618.051, 618.066, 618.076, 618.096, 618.151, 618.206 & 618.241
DOA 19-2010, f. & cert. ef. 9-14-10
AD 8-1990, f. & cert. ef. 4-5-90
AD 1012(2-74), f. 1-10-74, ef. 2-11-74

Or. Admin. R. 603-027-0410 Definitions

(1) “Accredited Laboratory” means a laboratory that is currently accredited by an independent laboratory accrediting body for analyzing motor fuels using ASTM International test procedures and specifications.

(2) “Agricultural Product” means a product produced via the cultivation of crops including corn, sugar beets, sugar cane, algae, vegetable oils, animal fats, and livestock. Agricultural products include non-food crops such as grasses and trees which may be used as biomass to produce biomass-based fuels. This definition provides a list of example products to help explain the scope of term. This list of examples is not intended to limit the types of agricultural products covered by the term.

(3) "Alcohol" means a volatile flammable liquid having the general formula CnH(2n+1)OH.

(4) "ASTM" means ASTM International, the international voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge.

(5) "Antiknock Index (AKI) "means the arithmetic average of the Research Octane Number (RON) and Motor Octane Number (MON): AKI=(RON+MON)/2.

(6) "Automotive Fuel Rating" means;

(a) for gasoline, the octane rating;

(b) for an alternative liquid automotive fuel other than biodiesel, biomass-based diesel, biodiesel blends, biomass-based diesel blends, and ethanol flex fuels, the commonly used name of the fuel with a disclosure of the amount, expressed as the minimum percentage by volume, of the principal component of the fuel. A disclosure of other components, expressed as the minimum percentage by volume, may be included, if desired;

(c) for biomass-based diesel, biodiesel, biomass-based diesel blends with more than 5 percent biomass-based diesel, and biodiesel blends with more than 5 percent biodiesel, a disclosure of the biomass-based diesel or biodiesel component, expressed as the percentage by volume;

(d) for ethanol flex fuels, a disclosure of the ethanol component, expressed as the percentage by volume and the text “Use Only in Flex-Fuel Vehicles/May Harm Other Engines.”

(7) "Automotive Gasoline, Automotive Gasoline-Oxygenate Blend" means gasoline other than aviation gasoline.

(8) “Batch” and “Production Lot” means a homogenous production volume of finished biodiesel from one or more sources that is held in a single container where representative samples are taken and analyzed to provide an authentic certificate of analysis (COA) for the specific volume.

(9) "Bulk Facility" means a facility, including pipelines terminals, refinery terminals, rail and barge terminals and associated underground and above ground tanks connected or separate, from which motor vehicle fuels are withdrawn from bulk and delivered to retail, wholesale or non-retail facilities or into a cargo tank or barge used to transport those products.

(10) "Base Gasoline" means all components other than ethanol in a blend of gasoline and ethanol.

(11) "Biodiesel" means a motor vehicle fuel consisting of mono-alkyl esters of long chain fatty acids derived from vegetable oils, animal fats, or other nonpetroleum resources other than palm oil.

(12) “Biomass” means organic matter that is available on a renewable or recurring basis including agricultural products and waste material excluding wood that has been treated with creosote, pentachlorophenol, inorganic arsenic, or other inorganic chemical compounds. Biomass includes:

(a) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and reduce uncharacteristic stand replacing wildfire risk, and;

(b) wood material from hardwood timber described in ORS 321.267(3), and;

(d) offal and tallow from animal rendering, and;

(e) food wastes collected as provided under ORS Chapter 459 or 459A, and;

(f) yard or wood debris collected as provided under ORS Chapter 459 or 459A, and;

(g) wastewater solids, and;

(h) agricultural products, and;

(i) municipal solid waste.

(13) “Biomass-Based Diesel”, also referred to as Other Renewable Diesel and Renewable Diesel, means a conventional diesel fuel that is derived from biomass.

(14) “Certificate of analysis” means documents that both certify the proportion of biodiesel feedstock sourced outside of Oregon, Washington, Idaho, and Montana and verify that biodiesel has been analyzed and complies with the following specifications as they are defined in ASTM D6751, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels”;

(a) Flash point;

(b) Acid number;

(d) Water and sediment;

(e) Visual appearance;

(f) Free glycerin;

(g) Total glycerin;

(h) Oxidation stability;

(i) Sulfur.

(15) "Cetane Number” the numerical representation of the combustion quality of a liquid compression-ignition fuel in a range from 0 – 100 as measured using test method ASTM D613 “Standard Test Method for Cetane Number of Diesel Fuel Oil”

(16) "Dealer" means any motor vehicle fuel retailer dealer, non-retail dealer or wholesale dealer.

(17) “Denatured Fuel Ethanol” means ethyl-alcohol which has been denatured rending it suitable as an automotive fuel additive yet unfit for human consumption.

(18) "Director" means the Director of Agriculture.

(19) "Diesel Fuel" means a refined middle distillate suitable for use as a fuel in a compression-ignition (diesel) internal combustion engine.

(20) "Distillate." means any product obtained by condensing the vapors given off by boiling petroleum or its products.

(21) "EPA" means the United States Environmental Protection Agency.

(22) “E0” means gasoline that contains no ethanol. E0 is also neat gasoline and it is ethanol-exempt gasoline when its octane rating is less than 91.

(23) “E10” means a gasoline-ethanol blend that contains at least 9 and no more than 10 volume percent denatured fuel ethanol.

(24) “E15” means a gasoline-ethanol blend that contains more than 10 and no more than 15 volume percent denatured fuel ethanol.

(25) "E85” means Ethanol flex fuel containing 51 to 83 volume percent ethanol.

(26) "Ethanol" means ethyl-alcohol.

(27) "Gasoline" means any fuel sold for use in spark ignition engines.

(28) "Gasoline-Oxygenate Blend" means a fuel consisting primarily of gasoline blended with aliphatic ethers and alcohols.

(29) "Lead Substitute" means an EPA-registered gasoline additive suitable, when added in small amounts to gasoline, to reduce or prevent exhaust valve seat wear in automotive engines that were originally designed to operate on leaded gasoline.

(30) Low Temperature Operability" means a condition which allows the uninterrupted operation of a diesel engine through the continuous flow of fuel throughout its fuel delivery system at low temperatures.

(31) "Lubricity" means a qualitative term describing the ability of a fluid to reduce friction between surfaces in relative motion under load.

(32) "Methanol" means methyl-alcohol.

(33) "Motor Octane Number” the numerical representation of a liquid spark-ignition fuel’s resistance to knock in a range from 0 – 120 as measured using test method ASTM D2700, “Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel”.

(34) "Motor Vehicles" means all vehicles, vessels, watercraft, engines, machines, or mechanical contrivances that are propelled by internal combustion engines or motors.

(35) "Motor Vehicle Fuel" means gasoline, gasoline-ethanol blends, diesel, biomass-based diesel, biomass-based diesel blends, B100 Biodiesel, Biodiesel Blends, E85 Fuel Ethanol, M85 Fuel Methanol, or any other liquid product used for the generation of power in an internal combustion engine, except aviation jet fuels, liquefied petroleum gases or natural gases.

(36) "Non-retail dealer" means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is dispensed through a card or key-activated fuel dispensing device to non-retail customers.

(37) "Octane Rating" means anti-knock index.

(38) "Octane Rating Certification Documentation" means an invoice, bill of lading, delivery ticket, letter or other documentation that specifies the actual octane rating or a rounded rating that is the largest whole number or half of a number that is less than or equal to the number determined by or certified to the person transferring the gasoline.

(39) "Oxygen Content of Gasoline" means the percentage of oxygen by mass contained in a gasoline.

(40) "Oxygenate" means an oxygen-containing, ashless, organic compound, such as an alcohol or ether, which can be used as a fuel or fuel supplement.

(41) “Production Lot” and “Batch” means a homogenous production volume of finished biodiesel from one or more sources that is held in a single container where representative samples are taken and analyzed to provide an authentic certificate of analysis (COA) for the specific volume.

(42) “Renewable Diesel” means biomass-based diesel.

(43) "Research Octane Number" the numerical representation of a liquid spark-ignition fuel’s resistance to knock in a range from 0 – 120 as measured using test method ASTM D2699, “Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel”.

(44) "Retail Dealer" means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is or offered for sale to the public.

(45) "Thermal Stability" means the ability of a fuel to resist the thermal stress which is experienced by the fuel when exposed to high temperatures in a fuel delivery system.

(46) "Unleaded" in conjunction with "engine fuel" or "gasoline" means any gasoline or gasoline-oxygenate blend to which no lead or phosphorus compounds have been intentionally added and which contains not more than 0.013 gram lead per liter (0.05 g lead per U.S. gal) and not more than 0.0013 gram phosphorus per liter (0.005 g phosphorus per U.S. gal).

(47) "Wholesale Dealer" means any person who sells motor vehicle fuel if the seller knows or has reasonable cause to believe that the buyer intends to resell the motor vehicle fuel in the same or an altered form to a retail dealer, a non-retail dealer, or another wholesale dealer.

(48) "Withdrawn From Bulk" means removed from a bulk facility for delivery directly into a cargo tank or a barge to be transported to a location other than another bulk facility for use or sale in this state.

History

Statutory/Other Authority: ORS 561.190 & ORS 646.905 - 646.990
Statutes/Other Implemented: ORS 646.905 - 646.990 & ORS 183
DOA 27-2021, amend filed 11/30/2021, effective 01/01/2022
DOA 17-2016, f. & cert. ef. 8-4-16
DOA 24-2011, f. & cert. ef. 12-14-11
DOA 19-2010, f. & cert. ef. 9-14-10
DOA 16-2009, f. 12-23-09, cert. ef. 1-1-10
DOA 11-2009(Temp), f. & cert. ef. 7-24-09 thru 1-17-10
DOA 21-2008, f. & cert. ef. 9-11-08
DOA 12-2008(Temp), f. 3-14-08, cert. ef. 3-17-08 thru 9-12-08
DOA 8-2008, f. & cert. ef. 2-15-08
DOA 17-2006, f. & cert. ef. 9-26-06
DOA 20-2004, f. & cert. ef. 6-28-04
DOA 5-2002, f. & cert. ef. 1-28-02
AD 19-1997, f. 12-9-97, cert. ef. 1-1-98

Or. Admin. R. 603-027-0420 Standard Fuel Specifications

(1) Gasoline and Gasoline-Oxygenate Blends, as defined in this regulation, shall meet the following requirements:

(a) The ASTM D4814, "Standard Specification for Automotive Spark-Ignition Engine Fuel" (D4814) except that volatility standards for unleaded gasoline blended with ethanol shall not be more restrictive than those adopted under the rules, regulations, and Clean Air Act waivers of the U.S. Environmental Protection Agency (EPA) (which includes those promulgated by Oregon and Federally approved State Implementation Plans (SIP’s)). Gasoline blended with ethanol shall be blended under any of the following three options:

(A) the base gasoline used in such blends shall meet the requirements of D4814; or

(B) the blend shall meet the requirements of D4814; or

(C) the base gasoline used in such blends shall meet all the requirements of D4814 except distillation, and the blend shall meet the distillation requirements of the D4814 specification.

(b) Blends of gasoline and ethanol shall not exceed the D4814 vapor pressure standard by more than 1.0 psi.

(d) Minimum Motor Octane Number. The minimum motor octane number must not be less than 82 for gasoline with an AKI of 87 or greater.

(e) Lead Substitute Gasoline. Gasoline and gasoline-oxygenate blends sold as "lead substitute" gasoline shall contain a lead substitute additive which provides a level of protection against exhaust valve seat recession which is equivalent to the level of protection provided by a gasoline containing at least 0.026 gram of lead per liter (0.10 g per U.S. gal).

(2) Denatured Fuel Ethanol intended for blending with gasoline shall meet the requirements of ASTM D4806, "Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel." and the ethanol component shall be derived from agricultural products (including corn, sugar beets, sugar cane, cellulosic plant fibers from grasses and trees, etc.), woody waste, residues, municipal solid waste, or other biomass.

(3) Gasoline-Ethanol Blends Required

(a) Except as provided in OAR 603-027-0420(3)(b), all retail dealers, non-retail dealers, or wholesale dealers may only sell or offer for sale gasoline that contains at least 10 percent denatured fuel ethanol by volume. Gasoline containing at least 9.2 volume percent anhydrous ethanol is considered to meet this requirement.

(b) It is prohibited to blend E0 gasoline and E10 gasoline to produce a midgrade gasoline. The resulting blend violates 603-027-0420(3)(a).

(c) A retail dealer, non-retail dealer, or wholesale dealer may sell or offer for sale gasoline that is not blended with ethanol if the gasoline has an octane rating of 91 or above or if it is for use in;

(A) an aircraft;

(i) with a supplemental type certificate approved by the Federal Aviation Administration that allows the aircraft to use gasoline that is intended for use in motor vehicles; or

(ii) issued a type certificate by an aircraft engine manufacturer that allows the aircraft to use gasoline that is intended for use in motor vehicles; or

(B) an aircraft that has been issued an experimental certificate, described in 14 CFR 21.191, by the Federal Aviation Administration and that is required by the manufacturer’s specifications to use gasoline that is intended for use in motor vehicles; or

(C) a light-sport aircraft, as defined in 14 CFR 1.1, that is required by the manufacturer’s specifications to use gasoline that is intended for use in motor vehicles; or

(D) a vintage aircraft, as defined by the Oregon Department of Aviation by rule, that is required by the manufacturer’s specifications to use gasoline that is intended for use in motor vehicles; or

(E) an antique vehicle, as defined in ORS 801.125; or

(F) a Class I all-terrain vehicle, as defined in ORS 801.190; or

(G) a Class III all-terrain vehicle, as defined in ORS 801.194; or

(H) a racing activity vehicle, as defined in ORS 801.404; or

(I) a snowmobile, as defined in ORS 801.490; or

(J) tools, including but not limited to lawn mowers, leaf blowers, and chain saws; or

(K) a watercraft.

(4) Gasoline Additive Restrictions.

(a) A wholesale dealer, retail dealer, or non-retail dealer may not sell or offer to sell any gasoline blended or mixed with:

(A) ethanol unless the blend or mixture meets the specifications or registration requirements established by the United States Environmental Protection Agency pursuant to section 211 of the Clean Air Act, 42 U.S.C. section 7545 and 40 CFR Part 79, and the ethanol combined with its denaturants complies with the requirements in 603-027-0420(2);

(B) methyl tertiary butyl ether (MTBE) in concentrations that exceed 0.15 percent by volume; or

(i) diisopropyl ether (DIPE),

(ii) ethyl tert-butyl ether (ETBE),

(iii) propanol, including all structural isomers,

(iv) tert-amyl methyl ether (TAME),

(v) tert-amyl alcohol (TAA), and

(vi) any other additive that has not been approved by the California Air Resources Board or the United States Environmental Protection Agency.

(b) Nothing in this section shall prohibit transshipment through this state, or storage incident to the transshipment, of gasoline that contains methyl tertiary butyl ether in concentrations that exceed 0.15 percent by volume or any of the oxygenates listed in OAR 603-027-0420(4)(a)(C), provided,

(A) the gasoline is used or disposed of outside of this state; and

(B) the gasoline is segregated from gasoline intended for use within this state.

(c) Notwithstanding the additives in OAR 603-027-0420(4)(a), a person may sell, supply, or offer to sell or supply gasoline in this state that contains any oxygenate other than ethanol, if the California Air Resources Board (CARB), California Environmental Policy Council (CEPC), or the United States Protection Agency (U.S. EPA) allow use of the oxygenate.

(d) It is prohibited to blend gasoline and gasoline-oxygenate blends with casinghead gasoline, absorption gasoline, drip gasoline, or natural gasoline after the gasoline has been sold, transferred, or otherwise removed from a refinery or terminal.

(5) Diesel Fuel, Biomass-Based Diesel Fuel, or Renewable Diesel Fuel shall meet either the requirements of ASTM D975, "Standard Specification for Diesel Fuel Oils." when containing up to 5 volume percent biodiesel, or the requirements of ASTM D7467, ”Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6-B20)” when containing not less than 5 and up to and including 20 volume percent biodiesel.

(6) Winter or Winterized Diesel Fuel shall meet the requirements of ASTM D975, "Standard Specification for Diesel Fuel Oils" (D975) and have a cold flow performance measurement which meets the D975 tenth percentile minimum ambient air temperature charts and maps by either ASTM D2500, “Standard Test Method for Cloud Point of Petroleum Products and Liquid Fuels” or ASTM D4539, “Standard Test Method for Filterability of Diesel Fuels by Low-Temperature Flow Test (LTFT)”. Winter or winterized diesel (low temperature operability) is only applicable October 1 - March 31 of the following year.

(7) Premium Diesel Fuel — All diesel fuels identified on retail and non-retail dispensers, bills of lading, invoices, shipping papers, or other documentation with terms such as premium, super, supreme, plus, or premier shall meet the requirements of ASTM D975, "Standard Specification for Diesel Fuel Oils" (D975) and must conform to the following requirements:

(a) Cetane Number — A minimum cetane number of 47.0 as determined by ASTM D613, “Standard Test Method for Cetane Number of Diesel Fuel Oil”;

(b) Low Temperature Operability — A cold flow performance measurement which meets the D975 tenth percentile minimum ambient air temperature charts and maps by either ASTM D2500, “Standard Test Method for Cloud Point of Petroleum Products and Liquid Fuels” or ASTM D4539, “Standard Test Method for Filterability of Diesel Fuels by Low-Temperature Flow Test (LTFT)”. Low temperature operability is only applicable October 1 - March 31 of the next year;

(c) Thermal Stability — A minimum reflectance measurement of 80 percent as determined by ASTM D6468, “Standard Test Method for High Temperature Stability of Middle Distillate Fuels” (180 minutes, 150 0C);

(d) Lubricity — A maximum wear scar diameter of 520 microns as determined by ASTM D6079, “Standard Test Method for Evaluating Lubricity of Diesel Fuels by the High-Frequency Reciprocating Rig (HFRR)”. If a single test of more than 560 microns is determined, a second test shall be conducted. If the average of the two tests is more than 560 microns, the sample does not conform to the requirements of this part.

(8) Biodiesel; B100 Biodiesel and Biodiesel intended for blending with diesel fuel must:

(a) Meet the requirements of ASTM D6751, "Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels";

(b) Be analyzed and issued a Certificate of Analysis for each batch or production lot produced in or imported into Oregon prior to blending, sale, or offer for sale in Oregon. The Certificates of Analysis expire 45 days following the date the biodiesel sample was obtained.

(c) Biodiesel must be analyzed for and comply with the visual appearance test (ASTM D4176, “Standard Test Method for Free Water and Particulate Contamination in Distillate Fuels (Visual Inspection Procedures)”) upon its first receipt at a wholesale facility and prior to commingling with existing product.

(d) Prior to blending, sale, or offer for sale in Oregon, biodiesel must be analyzed and the Certificate of Analysis issued by:

(A) An accredited motor fuel laboratory, or

(B) A non-accredited motor fuel laboratory that meets all of the following requirements:

(i) The laboratory facilities must house and allow proper operation of all required equipment in accordance with the applicable test procedures,

(ii) The laboratory must use personnel trained to perform and analyze ASTM D6751, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels” biodiesel fuel tests and other required tests,

(iii) The laboratory must use testing equipment that has been calibrated or verified to meet the requirements of each ASTM International test procedure used,

(iv) The laboratory must participate in an ASTM International proficiency program or similar national proficiency program at least three times per year with appropriate results, and

(v) The laboratory must maintain current documentation of personnel qualifications, equipment verification, and proficiency results for at least one year. These records shall be available for inspection and reproduction upon request by the Director.

(9) Biodiesel Blends;

(a) For biodiesel blends up to and including 20 volume percent see OAR 603-027-0420(5).

(b) Blends of biodiesel and diesel fuels greater than B20 must meet the following requirements:

(A) the base diesel fuel, including petroleum diesel, biomass-based diesel, or renewable diesel must meet the requirements in OAR 603-027-0420(5), and

(B) the biodiesel blend stock must meet the requirements in OAR 603-027-0420(8).

(10) Biomass-Based Diesel; for biomass-based diesel and renewable diesel see the requirements in OAR 603-027-0420(5).

(11) Biomass-Based Diesel Blends; for biomass-based diesel blends see the requirements in OAR 603-027-0420(5).

(12) Biodiesel Blends, Biomass-Based Blends, or a Combination of Biodiesel and Biomass-Based Diesel Blends Required.

(a) Except as provided in subsection (b) of this section, a retail dealer, non-retail dealer, or wholesale dealer may only sell or offer for sale diesel fuel in Oregon containing:

(A) at least five percent biodiesel by volume, or

(B) biomass-based diesel with at least five percent renewable component by volume, or

(C) five percent or less biodiesel by volume and five percent or less biomass-based diesel by volume provided the combined total of biodiesel and biomass-based diesel is at least five percent by volume.

(b) Exemption. The minimum biodiesel fuel content requirements in OAR 603-027-0420(12)(a) do not apply to diesel fuel:

(A) sold or offered for sale for use by railroad locomotives, marine engines, or home heating, or facilities that store more than 50 gallons of diesel fuel for use in emergency power generation; or

(B) that otherwise meets the requirements in this section but to which there have been added substances to prevent congealing or gelling of diesel fuel containing biodiesel or biomass-based diesel. This exemption applies only to diesel fuel sold or offered for sale during the period from October 1 of any year to February 28 of the following year. This exception applies to blends of grade No. 1 diesel fuel and grade No. 2 diesel fuel as they are defined in ASTM D975, “Standard Specification for Diesel Fuel Oils” where the grade No. 1 component (commonly referred to as kerosene) provides enhanced cold weather performance and the grade No. 2 component meets the blending requirement in OAR 603-027-0420(12)(a).

(13) Aviation Gasoline shall meet:

(a) ASTM D910, “Standard Specification for Leaded Aviation Gasolines”, or

(b) ASTM D6227, “Standard Specification for Unleaded Aviation Gasoline Containing a Non-hydrocarbon Component”, or

(14) Ethanol Flex Fuel. – Ethanol flex fuel is covered by one of two ASTM standards based on the ethanol concentration of blend:

(a) Ethanol flex fuel containing 51 to 83 volume percent ethanol (commonly called E85) shall meet ASTM D5798, “Standard Specification for Ethanol Fuel Blends for Flexible Fuel Automotive Spark-Ignition Engines”; and

(b) Ethanol flex fuel containing 16 to 50 volume percent ethanol shall be blended, stored, delivered and offered for consumption in accordance with ASTM D7794, “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible Fuel Vehicles with Automotive Spark-Ignition Engines.”

(15) M85 Fuel Methanol shall meet the requirements of ASTM D 5797, "Standard Specification for Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines."

(16) All ASTM documents incorporated by reference in this rule are those versions found in the 2024 Annual Book of ASTM Standards Section 5: Petroleum Products, Lubricants, and Fossil Fuels unless noted otherwise. Documents referenced are:

(a) ASTM D7547, “Standard Specification for Hydrocarbon Unleaded Aviation Gasoline”,

(b) ASTM D5797, "Standard Specification for Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines",

(d) ASTM D4176, “Standard Test Method for Free Water and Particulate Contamination in Distillate Fuels (Visual Inspection Procedures)”,

(e) ASTM D4539, “Standard Test Method for Filterability of Diesel Fuels by Low-Temperature Flow Test (LTFT)”,

(f) ASTM D4806, "Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel",

(g) ASTM D4814, "Standard Specification for Automotive Spark-Ignition Engine Fuel",

(h) ASTM D5798, “Standard Specification for Ethanol Fuel Blends for Flexible Fuel Automotive Spark-Ignition Engines”,

(i) ASTM D6079, “Standard Test Method for Evaluating Lubricity of Diesel Fuels by the High-Frequency Reciprocating Rig (HFRR)”,

(j) ASTM D613, “Standard Test Method for Cetane Number of Diesel Fuel Oil”,

(k) ASTM D6227, “Standard Specification for Unleaded Aviation Gasoline Containing a Non-hydrocarbon Component”,

(l) ASTM D6468, “Standard Test Method for High Temperature Stability of Middle Distillate Fuels”,

(m) ASTM D6751, "Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels",

(n) ASTM D7467, ”Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6-B20)”,

(o) ASTM D7794, “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible Fuel Vehicles with Automotive Spark-Ignition Engines”,

(p) ASTM D910, “Standard Specification for Leaded Aviation Gasolines”, and

(q) ASTM D975, "Standard Specification for Diesel Fuel Oils".

History

Statutory/Other Authority: ORS 561.190 & 646.905 - 646.990
Statutes/Other Implemented: 646.905 - 646.990 & ORS 183
DOA 26-2024, amend filed 12/06/2024, effective 01/01/2025
DOA 18-2024, minor correction filed 09/23/2024, effective 09/23/2024
DOA 46-2023, amend filed 12/07/2023, effective 01/01/2024
DOA 1-2022, minor correction filed 01/04/2022, effective 01/04/2022
DOA 27-2021, amend filed 11/30/2021, effective 01/01/2022
DOA 6-2020, temporary amend filed 04/17/2020, effective 04/17/2020 through 05/20/2020
DOA 17-2016, f. & cert. ef. 8-4-16
DOA 24-2011, f. & cert. ef. 12-14-11
DOA 15-2011, f. & cert. ef. 9-9-11
DOA 7-2011, f. & cert. ef. 1-26-11
DOA 19-2010, f. & cert. ef. 9-14-10
DOA 16-2009, f. 12-23-09, cert. ef. 1-1-10
DOA 11-2009(Temp), f. & cert. ef. 7-24-09 thru 1-17-10
DOA 21-2008, f. & cert. ef. 9-11-08
DOA 12-2008(Temp), f. 3-14-08, cert. ef. 3-17-08 thru 9-12-08
DOA 8-2008, f. & cert. ef. 2-15-08
DOA. 20-2007(Temp) f. & cert. ef. 11-29-07 thru 4-11-08
DOA 15-2007(Temp), f. & cert. ef. 10-15-07 thru 4-11-08
DOA 17-2006, f. & cert. ef. 9-26-06
DOA 5-2002, f. & cert. ef. 1-28-02
AD 19-1997, f. 12-9-97, cert. ef. 1-1-98

Or. Admin. R. 603-027-0430 Classification and Method of Sale of Petroleum Products

(1) General Considerations:

(a) Documentation.

(A) On each occasion when any person transfers custody or title to any motor vehicle fuel, other than when fuel is sold or dispensed to the ultimate end user at a retail dealer or non-retail dealer, the transferor must provide the transferee product transfer documents (PTDs) that comply with the requirements of 40 CFR Part 1090.1100, 16 CFR Part 306 and;

(i) for diesel fuel, includes the word “winter” or “winterized” or similar certifying that the fuel complies with the winter diesel fuel requirements in 603-027-0420(6) if it will be identified as winter or winterized diesel fuel per 603-027-0430(4); and

(ii) for diesel fuel, includes the word “premium” or similar certifying that the fuel complies with the premium diesel fuel requirements in 603-027-0420(7) if it will be identified as premium diesel fuel per 603-027-0430(5); and

(iii) for diesel fuel, the volume percent biodiesel and biomass-based diesel used to meet requirements in 603-027-0420(12);

(B) Each operator of a bulk facility and each person who imports motor vehicle fuels into this state to be sold, delivered, or transferred in this state shall keep, for at least one year at the person's registered place of business, complete and accurate records of motor vehicle fuels sold, delivered, or transferred in this state.

(C) Each biodiesel producer, each operator of a biodiesel bulk facility and each person who imports biodiesel into this state to be sold, transferred, or delivered in this state shall keep, on a monthly basis at the person’s registered place of business for at least one year, the certificate of analysis and the visual appearance records that are performed upon first receipt at a wholesale facility prior to commingling with existing product for each batch or production lot of biodiesel sold, transferred, or delivered into this state.

(D) All retail dealers, non-retail dealers, and wholesale dealers in Oregon are required to provide, upon request of the Department, evidence of a certificate of analysis for the biodiesel received.

(E) Retail dealers and non-retail dealers shall maintain at their facilities the product transfer documents and automotive fuel rating certifications per 16 CFR Part 306 for the three most recent motor vehicle fuel deliveries to the facility for each type and grade of fuel sold or offered for sale. These documents shall be made available for inspection by ODA staff members upon request.

(b) Retail and Non-retail Gasoline Dispenser Labeling. All retail and non-retail motor vehicle fuel dispensing devices must identify conspicuously on each face of the dispenser(s),

(A) the type or identification of the product (except gasoline), and

(B) the grade of the product; The sale of any product under any posted grade name that indicates to the purchaser that it is of a certain automotive fuel rating or ASTM grade indicated in the posted grade name must be consistent with the applicable standard specified in OAR 603-027-0420 "Standard Fuel Specifications" unless otherwise specified in this rule, and

(2) Automotive Gasoline and Automotive Gasoline-Oxygenate Blends:

(a) Posting of grade; Gasoline grades may be identified by octane or using industry standard grade names including “Unleaded”, “Mid-Grade”, and “Premium” subject to the following limitations: It is prohibited to describe a gasoline grade as;

(A) premium, super, supreme and high test or similar term suggesting superior performance unless it has an octane rating of at least 91, or

(B) midgrade or mid-grade or similar term unless it has an octane rating of at least 89, or

(b) Posting of Antiknock Index Required. All automotive gasoline dispensers shall be labeled with the antiknock index in accordance with 16 CFR Part 306 in a clear and unambiguous manner. The antiknock index or octane rating is the automotive fuel rating for gasoline as required in 16 CFR Part 306.

(c) Posting of Oxygenate Required; Oxygenate label(s) shall be located on each face in the upper 50 percent of the dispenser front panels in a position clear and conspicuous from the normal customer position while fueling. Unless otherwise specified the lettering must be in type at least 12.7 millimeters (1/2 inch) in height, 1.5 millimeter (1/16 inch) stroke (width of type).

(A) If the gasoline offered for sale is E10 then;

(i) the gasoline dispenser must be labeled with an oxygenate label stating, “CONTAINS 10% ETHANOL”, or other similar unambiguous language, and

(ii) the label shall not say, “Contains Up To 10% Ethanol”, “May Contain Ethanol”, or any other similar language suggesting that the gasoline offered for sale contains lessor quantities of ethanol, and

(iii) if a gasoline dispenser offers additional gasoline products other than E10 then the label placement must make it clear which start buttons correspond to E10 gasolines.

(B) If the gasoline offered for sale is E15 then an oxygenate label must be placed on the dispenser meeting all of the requirements of 40 CFR Part 1090.1510. If a gasoline dispenser offers additional gasoline products other than E15 then the label placement must make is clear which start buttons correspond to E15 gasolines.

(C) If the gasoline offered for sale at retail contains at least 1.5 mass percent oxygen other than E10 (reference 603-027-0430(2)(b)(A)) or E15 (reference 603-027-0430(2)(b)(B)) then it shall be identified as “with” or “containing” (or similar wording) the predominant oxygenate present. The oxygenate contributing the largest mass percent oxygen to the blend shall be considered the predominant oxygenate.

(D) If the gasoline offered for sale at retail contains more than 0.15 mass percent oxygen from methanol then it shall be identified as “with” or “containing” methanol in addition to any other applicable oxygenate labeling requirements in this section.

(d) If non-ethanol blended gasoline (E0), other than gasoline rated at 91 octane or higher, is offered for sale then the dispensers shall be labeled, (“NON-ETHANOL BLENDED GASOLINE FOR EXEMPTED USE ONLY (ORS 646.913)” in capital letters and type at least 12.7 millimeters (1/2 inch) in height, 1.5 millimeter (1/16 inch) stroke (width of type) located on each face and on the upper 50 percent of the dispenser front panels in a position so that it is clear and conspicuous from the normal customer position while fueling.

(e) Posting of Exceptions for Non-Ethanol Blended Gasoline. The exceptions for non-ethanol blended gasoline, other than 91 octane or above, shall be posted at a business, but not necessarily on the dispenser, that sells or offers for sale non-ethanol blended gasoline. The exceptions shall be posted;

(A) in capital letters and type at least 6.4 millimeters (1/4 inch) in height, 1 millimeter (1/32 inch) stroke (width of type), followed by,

“NON-ETHANOL BLENDED GASOLINE FOR USE IN THE FOLLOWING APPLICATIONS ONLY;”

(B) and in capital letters and type at least 3 millimeters (1/8 inch) in height, 0.4 millimeter (1/64 inch) stroke (width of type).

“AIRCRAFT WITH A SUPPLEMENTAL TYPE CERTIFICATE APPROVED BY THE FEDERAL AVIATION ADMINISTRATION THAT ALLOWS THE AIRCRAFT TO USE GASOLINE THAT IS INTENDED FOR USE IN MOTOR VEHICLES;

AIRCRAFT ISSUED A TYPE CERTIFICATE BY AN AIRCRAFT ENGINE MANUFACTURER THAT ALLOWS THE AIRCRAFT TO USE GASOLINE THAT IS INTENDED FOR USE IN MOTOR VEHICLES;

AN AIRCRAFT THAT HAS BEEN ISSUED AN EXPERIMENTAL CERTIFICATE, DESCRIBED IN 14 C.F.R. 21.191, BY THE FEDERAL AVIATION ADMINISTRATION AND THAT IS REQUIRED BY THE

MANUFACTURER’S SPECIFICATIONS TO USE GASOLINE THAT IS INTENDED FOR USE IN MOTOR VEHICLES;

A LIGHT-SPORT AIRCRAFT, AS DEFINED IN 14 C.F.R. 1.1, THAT IS REQUIRED BY THE MANUFACTURER’S SPECIFICATIONS TO USE GASOLINE THAT IS INTENDED FOR USE IN MOTOR VEHICLES;

A VINTAGE AIRCRAFT, AS DEFINED BY THE OREGON DEPARTMENT OF AVIATION BY RULE, THAT IS REQUIRED BY THE MANUFACTURER’S SPECIFICATIONS TO USE GASOLINE THAT IS INTENDED FOR USE IN MOTOR VEHICLES;

AN ANTIQUE VEHICLE, AS DEFINED IN ORS 801.125;

A CLASS I ALL-TERRAIN VEHICLE, AS DEFINED IN ORS 801.190;

A CLASS III ALL-TERRAIN VEHICLE, AS DEFINED IN ORS 801.194;

A RACING ACTIVITY VEHICLE, AS DEFINED IN ORS 801.404;

A SNOWMOBILE, AS DEFINED IN ORS 801.490;

TOOLS, INCLUDING BUT NOT LIMITED TO LAWN MOWERS, LEAF BLOWERS, AND CHAIN SAWS; OR

A WATERCRAFT

(Reference ORS 646.913)”

(f) Use of Lead Substitute Must Be Disclosed. If lead substitute gasoline is offered for sale then the dispensing device shall display the grade name followed by "With a Lead Substitute" or similar unambiguous language (e.g. "Unleaded With Lead Substitute"). The lettering of the lead substitute declaration shall not be less than 12.7 millimeters (1/2 in) in height and 1.5 centimeters (1/16 in) stroke (width of type). The color of the lettering shall be in definite contrast to the background color to which it is applied.

(3) Diesel Fuel (including blends of biodiesel containing no more than 20 volume percent biodiesel and blends of biomass-based diesel):

(a) Diesel fuel is identified as "Diesel" (however the fuel may be identified as “Biodiesel Blend”, “Biomass-Based Diesel Blend”, or “Renewable Diesel Blend” if the identification is accurate);

(A) grades of diesel;

(i) are those identified in ASTM D975, "Standard Specification for Diesel Fuel Oils." (e.g. No. 1-D or No. 2-D) when the fuel contains no more than 5 volume percent biodiesel. Optionally the fuel grade may be identified as “B5”.

(ii) the biodiesel blend (e.g. B5, B10, B20) or the blend range (e.g. B5-B20, B6-B20) if the fuel contains no more than 20 volume percent biodiesel.

(b) FTC Label Requirements;

(A) If the diesel fuel contains more than 5 volume percent biodiesel then the dispenser must also be labeled as required in 16 CFR Part 306.

(B) If the diesel fuel contains more than 5 volume percent biomass-based diesel then the dispenser must also be labeled as required in 16 CFR Part 306.

(c) Position of Labels. Labels shall be located on each face and on the upper 50 percent of the dispenser front panels in a position clear and conspicuous from the normal customer position while fueling, in a type at least 12.7 millimeter (1/2 in) in height, 1.5 millimeter (1/16 in) stroke (width of type) unless otherwise specified.

(4) Winter or Winterized Diesel Fuel: In addition to the requirements of 603-027-0430(3) the fuel may be identified as “Winter Diesel” or “Winterized Diesel” provided it meets the winter diesel specification of 603-027-0420(6) and is certified as such on the product transfer documents. The labels may be a pump topper or similar sign clearly associated with the dispenser where winterized diesel is sold.

(5) Premium Diesel Fuel: In addition to the requirements of 603-027-0430(3) the fuel may be identified as “Premium Diesel” or similar term suggesting superior quality provided it meets the premium diesel specification of 603-027-0420(7) and is certified as such on the product transfer documents. The label may be a pump topper or similar sign clearly associated with the dispenser where premium diesel is sold.

(6) Biodiesel Blends greater than 20 volume percent: Biodiesel Blends containing more than 20 volume percent biodiesel shall be identified as “Biodiesel Blend” or with the letter “B” followed by the volume percent biodiesel in the blend (i.e. “B99”). Grade labeling does not apply to this fuel. Additional Label Requirements for biodiesel blends;

(A) The dispenser must be labeled as required in 16 CFR Part 306 in a position clear and conspicuous from the normal customer position while fueling, and

(B) “Consult Vehicle Manufacturer Fuel Recommendations”, posted on the dispenser front panels in a position clear and conspicuous from the normal customer’s position in block letter type at least 6 mm (1/4 inch) in height by 0.8 mm (1/32) stroke (width of type) and the color must be in definite contrast to the background color to which it is applied

(7) Biomass-Based Diesel Blends: Biomass-Based Diesel Blends are identified as “Biomass-Based Diesel Blend” or “Renewable Diesel Blend”, or “Diesel”. Dispensers of biomass-based diesel blends are labeled as required in 603-027-0430(3).

(8) Aviation Gasoline shall be identified by grades as recognized in EI Standard 1542 “Identification markings for dedicated aviation fuel manufacturing and distribution facilities, airport storage and mobile fueling equipment” (July, 2012), or the appropriate ASTM standards in 603-027-0420(13).

(9) Ethanol Flex Fuel shall be identified as Ethanol Flex Fuel or EXX Flex Fuel, or EXX and ethanol flex fuel dispensers shall be labeled as required in 16 CFR 306 in a position clear and conspicuous from the normal customer position while fueling.

(10) Fuel Methanol shall be identified as M85, and fuel methanol dispensers:

(a) shall be labeled as required by 16 CFR 306 in a in a position clear and conspicuous from the normal customer position while fueling, and

(b) shall be labeled “For Use in Vehicles Capable of Using M85 Only.” in a position clear and conspicuous from the normal customer position while fueling posted in the upper 50% of the dispenser front panel in a type of at least 12.7mm (1/2 in) in height, 1.5 mm (1/16 in) stroke (width of type).

(11) Liquefied Natural Gas (LNG) shall be identified by the term “Liquefied Natural Gas” or “LNG.”.

(a) FTC labeling; LNG shall be labeled as required by 16 CFR Part 306.

(b) Method of Sale; liquified natural gas may be sold either by

(A) weight, or

(B) by a diesel gallon equivalent (DGE) where 1 DGE is equivalent to 6.059 lb of liquified natural gas

History

Statutory/Other Authority: ORS 561.190, ORS 646.905 - 646.990 & ORS 646.945- 646.963
Statutes/Other Implemented: ORS 561.190, ORS 646.905 - 646.990 & ORS 183
DOA 27-2021, amend filed 11/30/2021, effective 01/01/2022
DOA 21-2018, amend filed 07/16/2018, effective 07/16/2018
DOA 20-2018, amend filed 06/21/2018, effective 06/21/2018
DOA 1-2018, temporary amend filed 01/18/2018, effective 01/18/2018 through 07/16/2018
DOA 17-2016, f. & cert. ef. 8-4-16
DOA 24-2011, f. & cert. ef. 12-14-11
DOA 15-2011, f. & cert. ef. 9-9-11
DOA 19-2010, f. & cert. ef. 9-14-10
DOA 16-2009, f. 12-23-09, cert. ef. 1-1-10
DOA 11-2009(Temp), f. & cert. ef. 7-24-09 thru 1-17-10
DOA 21-2008, f. & cert. ef. 9-11-08
DOA 12-2008(Temp), f. 3-14-08, cert. ef. 3-17-08 thru 9-12-08
DOA 8-2008, f. & cert. ef. 2-15-08
DOA 20-2007(Temp), f. & cert. ef. 11-29-07 thru 4-11-08
DOA 15-2007(Temp), f. & cert. ef. 10-15-07 thru 4-11-08
DOA 17-2006, f. & cert. ef. 9-26-06
DOA 5-2002, f. & cert. ef. 1-28-02
AD 19-1997, f. 12-9-97, cert. ef. 1-1-98

Or. Admin. R. 603-027-0440 Storage Tanks

(1) Water in Motor Vehicle Fuel Storage:

(a) Water in Gasoline-Alcohol Blends, Biodiesel, Biodiesel Blends, E85 Fuel Ethanol, M85 Fuel Methanol, and Aviation Gas. No water or water-alcohol phase greater than six millimeters (1/4 in) as determined by an appropriate detection paste is allowed to accumulate in any tank utilized in the storage of gasoline-alcohol blend, biodiesel, biodiesel blends, E85 fuel ethanol, M85 fuel methanol, and aviation fuel.

(b) Water in Gasoline, Diesel, Biomass-Based Diesel, Biomass-Based Diesel Blends, Gasoline-Ether, and Other Fuels. Water phase shall not exceed 25 mm (1 inch) in depth when measured with water indicating paste in any tank utilized in the storage of diesel, biomass-based diesel, biomass-based diesel blends, gasoline, gasoline-ether blends at retail or nonretail except as required in OAR 603-027-0440(1)(a).

(2) Product Storage Identification:

(a) Fill Connection Labeling.

(A) The fill connection for any motor vehicle fuel or aviation fuel storage tank from which the fuels are dispensed directly into motor vehicle or aircraft fuel tanks shall be permanently, plainly, and visibly marked as to the grade of product contained therein.

(B) In addition, storage tank fill connections of non-ethanol blended gasoline shall be permanently, plainly, and visibly marked that the product contained therein is non-ethanol blended gasoline.

(b) Declaration of Meaning of Color Code. When the fill connection device is marked by means of a color code, the color code key shall be conspicuously displayed at the place of business.

History

Statutory/Other Authority: ORS 561.190, OL 1997, Ch. 310 (SB 414) & 646.905 - 646.990
Statutes/Other Implemented: OL 1997, Ch. 310 (SB 414), ORS 646.905 - 646.990 & 183
DOA 24-2011, f. & cert. ef. 12-14-11
DOA 16-2009, f. 12-23-09, cert. ef. 1-1-10
DOA 11-2009(Temp), f. & cert. ef. 7-24-09 thru 1-17-10
DOA 21-2008, f. & cert. ef. 9-11-08
DOA 12-2008(Temp), f. 3-14-08, cert. ef. 3-17-08 thru 9-12-08
DOA 8-2008, f. & cert. ef. 2-15-08
DOA 17-2006, f. & cert. ef. 9-26-06
AD 19-1997, f. 12-9-97, cert. ef. 1-1-98

Or. Admin. R. 603-027-0450 Official Sampling Procedures; Inspections and Recordkeeping

(1) Official samples of motor vehicle fuel for testing shall be obtained by the Director or the Director's designate from:

(a) The same dispensing device used for sales to customers;

(b) Any bulk facility;

(2) The official sample shall be obtained in the following manner:

(a) The official sample shall be collected into a clear or brown glass bottle or a metal container approved for such use;

(b) The container shall be sealed and identified immediately after the official sample has been obtained;

(c) At the motor vehicle fuel dispenser, the official sample shall be collected after at least 2 litres (one-half gallon) has been dispensed. This official sample shall be considered representative of the product dispensed.

(3) The Director of Agriculture, or the Director’s authorized agent, upon reasonable oral or written notice, may make such examinations of books, papers, records, and equipment the Director requires to be kept by a biodiesel or other renewable diesel producer, facility operator or importer as may be necessary to carry out the duties of the Director under OAR 603-027-0420 and 603-027-0430.

(4) The Director or the Director’s authorized agent, may obtain up to eight times per calendar year, at no cost to the Department, representative samples of biodiesel from any producer, bulk facility, business, or other establishment that sells, offers for sale, distributes, transports, hauls, delivers, or store biodiesel. The entire cost of transporting and testing of the samples shall be the responsibility of and invoiced directly to the business from which the sample was obtained. Any additional biodiesel testing beyond this specific requirement at the request of the Director shall be paid for by the Department of Agriculture.

(5) The Director of Agriculture, or the Director’s authorized agent, upon reasonable oral or written notice, may make such examinations of books, papers, records, and equipment the Director requires to be kept by an ethanol production facility located in Oregon as may be necessary to carry out the duties of the Director under OAR 603-027-0420.

(6) At the time samples, or copies of books, papers or records of the owner or operator are obtained, the owner or operator shall specify what, if any, information the owner or operator considers to be confidential business information or a trade secret. The Department shall keep any information so specified (including the results of any test) in a separate file marked "confidential." The disclosure of such information shall be governed by the Oregon Public Records Law, ORS 192.410 et. seq. and rules adopted under ORS 646.957. Nothing in this rule shall be construed to limit the use of such information in any enforcement proceeding by the Department. In the event such information is required in any enforcement proceeding by the Department, it may be used under a protective order.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190, 646.905, 646.915 & 646.920
Statutes/Other Implemented: ORS 646.905, 646.915 & 646.920
DOA 17-2016, f. & cert. ef. 8-4-16
DOA 21-2008, f. & cert. ef. 9-11-08
AD 19-1997, f. 12-9-97, cert. ef. 1-1-98

Or. Admin. R. 603-027-0460 Test Methods and Reproducibility Limits

(1) Test Methods.

(a) The ASTM Standard Test Methods referenced for use within the applicable Standard Specification shall be used for enforcement purposes.

(b) Premium Diesel. The following test methods shall be used to determine compliance with the premium diesel parameters:

(A) Cetane Number — ASTM D 613,

(B) Low Temperature Operability — ASTM D 4539 or ASTM D 2500 (according to marketing claim),

(D) Lubricity — ASTM D 6079.

(2) Reproducibility Limits:

(a) AKI Limits. When determining the antiknock index (AKI) acceptance or rejection of a gasoline sample, the AKI reproducibility limits as outlined in ASTM D 4814 Appendix X1 shall be acknowledged for enforcement purposes.

(b) The reproducibility limits of the ASTM standard test method used for each test performed shall be acknowledged for enforcement purposes, except as indicated in OAR 603-027-0460(2)(a).

(c) Dispute Resolution. In the event of a dispute over a reported test value, the guidelines presented in ASTM D 3244, "Standard Practice for Utilization of Test Data to Determine Conformance with Specifications", shall be used to determine the acceptance or rejection of the sample.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190, 646.905, 646.915 & 646.920
Statutes/Other Implemented: ORS 646.905, 646.915 & 646.920
DOA 21-2008, f. & cert. ef. 9-11-08
DOA 5-2002, f. & cert. ef. 1-28-02
AD 19-1997, f. 12-9-97, cert. ef. 1-1-98

Or. Admin. R. 603-027-0470 Embargo of Product

(1) Stop Use Order, Hold Order or Removal Order:

(a) The Director may issue a Stop Use Order, Hold Order, or Removal Order for any motor vehicle fuel which fails to meet the requirements of OAR 603-027-0420 through 603-027-0460;

(b) A Stop Use Order, Hold Order or Removal Order may be affixed by the Director or the Director's designate to dispensing devices and storage devices containing the motor vehicle fuel ordered off sale:

(A) The Stop Use Order, Hold Order or Removal Order shall be attached to the storage tank fill cap and dispenser where the motor vehicle fuel is stored and dispensed;

(B) The Stop Use Order, Hold Order or Removal Order shall contain the following information:

(i) A notice that the motor vehicle fuel has been prohibited from sale or use;

(ii) A notice that the motor vehicle fuel is not to be disposed of without authorization from a Department official;

(iii) Location of the motor vehicle fuel;

(iv) Identification of the motor vehicle fuel;

(v) Brand name;

(vi) Number and type of containers;

(vii) Marked contents;

(viii) Other identification;

(ix) Violation;

(x) Name of official;

(xi) Date.

(c) Any motor vehicle fuel which has been ordered off sale shall not be exposed for sale except under the following circumstances:

(A) The bulk facility, wholesale dealer, retail dealer, or nonretail dealer may be authorized to sell the motor vehicle fuel provided:

(i) It can be brought up to represented quality;

(ii) It can be brought up to ASTM specifications.

(B) The Director or the Director's designate may approve of any disposition of an off-sale commodity provided the disposition is not in conflict with ORS 646.947, ORS 646.949, ORS 646.953and OAR 603-027-0420 through 603-027-0440;

(C) Any disposition authorized by the Director or the Director's designate shall be recorded on the Stop Use Order, Hold Order or Removal Order.

(D) If the Director or the Director's designate finds that the motor vehicle fuel cannot be brought up to represented quality or meet the specifications pursuant to ORS 646.947, ORS 646.949, ORS 646.953and OAR 603-027-0420 through 603-027-0440, the Director or the Director's designate shall order the motor vehicle fuel removed by issuance of a Stop Use Order, Hold Order, or Removal Order to the bulk facility, wholesale dealer, retail dealer, or nonretail dealer. The Director or the Director's designate may authorize the motor vehicle fuel to be removed:

(i) To a facility capable of reblending or refining;

(ii) To another area within the state if specifications of that area can be met;

(iii) Outside the state;

(iv) Any disposition authorized by the Director or the Director's designate shall be recorded on the Stop Use Order, Hold Order or Removal Order.

(2) The owner or operator of a facility which is the subject of a Stop Use Order, Hold Order or Removal Order may appeal such an order in the manner provided in OAR 603-027-0490. A statement of appeal rights shall be included with any Stop Use, Hold or Removal Order posted as provided by section (1) of this rule. The Stop Use, Hold or Removal Order shall also be served on the owner or operator of the facility, as provided by OAR 603-207-0490. In the event the owner or operator requests a hearing to contest the Stop Use, Hold or Removal Order, such hearing shall be held as soon as is reasonably practicable. Where reasonably practicable, the Department shall give the owner or operator of the facility prior written notice of its intent to issue a Stop Use, Hold or Removal Order. In the event the owner or operator of the facility requests a hearing to contest a Stop Use, Hold or Removal Order, such person may request that the order be stayed pending completion of the contested case. The Director or the Director's designate shall stay the order if the party provides evidence and the Department determines that:

(a) The party will suffer irreparable injury if the order is not stayed;

(b) There is a colorable claim of error in the proposed order; and

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190, 646.905 - 646.990, OL 1997 & Ch. 310 (SB 414)
Statutes/Other Implemented: ORS 646.905-646.990, 183, OL 1997 & Ch. 310 (SB 414)
DOA 17-2016, f. & cert. ef. 8-4-16
DOA 8-2008, f. & cert. ef. 2-15-08
DOA 5-2002, f. & cert. ef. 1-28-02
AD 19-1997, f. 12-9-97, cert. ef. 1-1-98

Or. Admin. R. 603-027-0480 Definitions

In addition to the definitions set forth in OAR 603-027-0410 Definitions, the following shall apply:

(1) “Civil Penalty Assessment Notice” (CPAN) shall be an order in a contested case for the purpose of judicial review and means a document which informs a person of the existence of a violation and the assessment of a civil penalty amount as provided for in Table 2 of OAR 603-027-0490(9). This document may be served by registered mail, certified mail, or in person.

(2) “Enforcement” means any documented action taken to address a violation.

(3) “Gravity” means grave consequences, seriousness or importance of a violation.

(4) “Impact” means the financial impact on consumers and dealers.

(5) “Intentional” means any violation where the department has documented evidence that the respondent acted with the conscious objective to cause the result or engaged in the conduct described in these regulations.

(6) “Magnitude of Violation” means the seriousness of a violation with respect to how it is categorized by the department. The violations shall be categorized as either Gravity 1: Minor violations; Gravity 2: Moderate violations; Gravity 3: Major violations.

(a) Gravity 1 means the act was unintentional, not negligent and the impact was small or absent;

(b) Gravity 2 means the act was unintentional, not negligent and the impact was large;

(7) “Negligent” means any violation where the respondent acted in a careless or inattentive manner, and therefore committed a violation as a result of neglect.

(8) “Notice of Noncompliance” (NNC) shall be an order in other than a contested case for purposes of judicial review and means a written warning, issued by the Department at the time a violation is discovered, which includes, but is not limited to:

(a) A reference to the particular violation of the statute and/or administrative rule;

(b) A short and plain statement of the matters asserted;

(c) A statement of the possible ramifications of the violation. This document may be served by registered mail, certified mail, or in person.

(9) “Notice of Violation (NOV)” shall be an order in other than a contested case for purposes of judicial review and means a document which informs a person of the existence of a violation, the actions required to resolve the violation and the consequences of continued non-compliance. This document may be served by registered mail, certified mail, or in person.

(10) “Person” means an individual, partnership, association, or corporation.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190, 646.905, 646.915 & 646.920
Statutes/Other Implemented: ORS 646.905, 646.915 & 646.920
AD 19-1997, f. 12-9-97, cert. ef. 1-1-98

Or. Admin. R. 603-027-0490 Enforcement Proceedings; Civil Penalties

(1) Consolidation of Proceedings: Notwithstanding that each and every violation of any provision of ORS 646.947, 646.949 or 646.953, rules adopted under ORS 646.957 or orders issued under ORS 646.953 is a separate and distinct act and in cases of continuing violations, each day's continuance is a separate and distinct violation, proceedings for a Stop Use, Hold and/or Removal Order, or for the assessment of civil penalties arising from the same conduct or failure to act may be consolidated into a single proceeding.

(2) The Director or the Director's designate shall prescribe a reasonable time for the elimination of the violation prior to imposing a civil penalty, except that if a party fails to abide by the terms of any Stop Use, Hold and/or Removal Order, the Director or the Director's designate may immediately impose a civil penalty in addition to any other remedies provided by law.

(3) Violations occurring after the time prescribed for the elimination of the violation shall be considered repeat violations.

(4) Civil penalties shall be due and payable when the person incurring the penalty receives a Civil Penalty Assessment Notice in writing from the Director or the Director's designate.

(5) A Civil Penalty Assessment Notice, Stop Use Order, Hold Order and/or Removal Order shall be in writing. In addition to the posting providing for by OAR 603-027-0470 for Stop Use, Hold and Removal Orders, these documents shall be served on the owner or operator of the facility by registered mail, certified mail, or in person. The notice shall include, but not be limited to:

(a) A reference to the particular section of the statute and/or administrative rule involved and;

(b) A short and plain statement of the matters asserted or charged;

(d) A statement of the person's right to request a hearing if such request is made within ten days of mailing of the notice and an explanation of how a hearing may be requested;

(e) A statement that the notice becomes a final order unless the person upon whom the Stop Use, Hold and/or Removal Order, and /or civil penalty is assessed makes a written request for a hearing within ten days from the date of the mailing of the notice.

(6) A civil penalty imposed under the applicable statutes or these regulations may be remitted or reduced at the Director's discretion upon such terms and conditions that are proper and consistent with public safety and welfare.

(7) Hearing Procedures: All hearings shall be conducted pursuant to the applicable contested case procedures as outlined in ORS 183.310 to 183.550, and the Attorney General's Uniform and Model Rules of Procedure (OAR chapter 137).

(8) Entry of Order and Appeal Rights: If a person notified of the Stop Use, Hold, and/or Removal Order and/or civil penalty fails to request a hearing as specified in OAR 603-027-0490(5)(e), or if after the hearing the person is found to be in violation of the provisions of these rules, a final order may be entered by the Department as follows:

(a) The order shall be signed by the Director or the Director's designate;

(b) If the order is not appealed, or if it is appealed and the order is sustained on appeal, the order shall constitute a judgment and may be recorded with the county clerk in any county of this state. Any penalty provided in the order so recorded becomes a lien upon the title of any interest and real property in the county owned by the person against whom the order is entered.

(9) Penalty schedule: In addition to any other penalty provided by law, the Director may assess a civil penalty for violation of any provision of ORS 646.947, 646.949 or 646.953, rules adopted under ORS 646.957 or orders issued under ORS 646.953. The amount of any civil penalty shall be determined per the schedule in 603-027-0490(10) and shall not exceed $10,000. In establishing penalty assessments, the Director will consider the gravity of the violation; the scope of the violation; the past history of the person incurring the penalty; and in the case of a penalty to be imposed on a retail dealer or non-retail dealer, both the degree of knowledge by the dealer of the violation, and the demonstrated cooperativeness shown by the dealer to cure the violation.

(10) Civil penalty schedule;

(a) Gravity 1 (Minor);

(A) 1st violation, Notice of Non-Compliance;

(B) 2nd violation, Notice of Violation;

(b) Gravity 2 (Moderate);

(A) 1st violation, Notice of Violation;

(B) 2nd violation, civil penalty not less than $501 and not more than $1000;

(A) 1st violation, civil penalty of $500;

(B) 2nd violation, civil penalty not less than $501 and not more than $2500;

(11) The commission of each violation has been categorized as to its magnitude of violation as follows:

(a) Gravity 1 (Minor):

(A) Labeling of Dispenser(s) (Ref. OAR 603-027-0430);

(i) Motor vehicle fuel dispenser not labeled with product type, grade (if applicable), and automotive fuel rating (if applicable)

(ii) Gasoline and Gasoline-Oxygenate Blend dispenser(s) not labeled in compliance with OAR 603-027-0430(1)(b) and 603-027-0430(2);

(iii) Diesel (including some biodiesel and biomass-based diesel blend) dispenser not labeled in compliance with OAR 603-027-0430(1)(b) and 603-027-0430(3);

(iv) Winter or winterized diesel fuel dispenser(s) not labeled in compliance with OAR 603-027-0430(1)(b) and 603-027-0430(4);

(v) Premium diesel fuel dispenser(s) not labeled in compliance with OAR 603-027-0430(1)(b) and 603-027-0430(1)(b) and 603-027-0430(5);

(vi) Aviation gasoline dispenser(s) not labeled in compliance with OAR 603-027-0430(1)(b) and 603-027-0430(8);

(vii) Ethanol Flex Fuel dispenser(s) not labeled in compliance with OAR 603-027-0430(1)(b) and 603-027-0430(9);

(viii) Fuel methanol dispenser(s) not labeled in compliance with OAR 603-027-0430(1)(b) and 603-027-0430(10);

(ix) Biodiesel blend greater than 20 volume percent biodiesel not labeled in compliance with OAR 603-027-0430(1)(b) and 603-027-0430(6);

(x) Liquified Natural Gas (LNG) dispenser(s) not labeled in compliance with OAR 603-027-0430(1)(b) and 603-027-0430(11);

(xi) Liquified Natural Gas (LNG) not sold by weight or DGE as specified in 603-027-0430(11) or sold by DGE using inaccurate conversion factor per 603-027-0430(11).

(B) Storage Tank(s); Motor vehicle fuel storage tank(s);

(i) Not correctly identified as to the product contained;

(ii) Not correctly identified that the product contained therein is non-ethanol blended gasoline. (Ref. OAR 603-027-0440)

(i) Incorrect, incomplete, or missing product transfer documents when custody or title of motor vehicle fuel is transferred to a person or entity other than the ultimate end user at a retail or Non-Retail dealer. (Ref. OAR 603-027-0430(1)(a)(A)).

(ii) Motor vehicle fuel delivery documentation not maintained for at least one year at the person's registered place of business (Ref. OAR 603-027-0430(1)(a)(B)).

(D) Certificate of Analysis Documentation; Biodiesel producer, operator of a biodiesel bulk facility, and each person who imports biodiesel not keeping on a monthly basis for at least one year, at the person’s registered place of business the certificate of analysis for each batch or production lot of biodiesel sold or delivered in Oregon (Ref. OAR 603-027-0430(1)(a)(C));

(E) Visual Appearance Analysis Documentation; Biodiesel producer, operator of a biodiesel bulk facility, and each person who imports biodiesel not keeping on a monthly basis for at least one year, at the person’s registered place of business the analysis records for visual appearance tests that are performed upon first receipt at a wholesale facility prior to commingling with existing product for each batch or production lot of biodiesel sold or delivered in Oregon (Ref. OAR 603-027-0430(1)(a)(C));

(F) Documentation; Retail Dealer, Non-Retail Dealer, and Wholesale Dealer not providing, upon request of the Department, evidence of a certificate of analysis for the biodiesel received (Ref. OAR 603-027-0430(1)(a)(D));

(G) Documentation; Retail Dealer and Non-Retail Dealer; Product transfer documents and automotive fuel rating certifications not maintained at their facilities for the three most recent deliveries to the facility for each type and grade of fuel sold or offered for sale (Ref. OAR 603-027-0430(1)(a)(E)).

(b) Gravity 2 (Moderate):

(A) Water phase in motor vehicle fuel storage tank(s) for gasoline-alcohol blends, B100 Biodiesel, Biodiesel Blends, E85 fuel ethanol, M85 fuel methanol, and aviation fuel exceed allowable limits (Ref. OAR 603-027-0440);

(B) Water phase in motor vehicle fuel storage tank(s) for gasoline, diesel, biomass-based diesel, biomass-based diesel blends, gasoline-ether, and other fuels exceed allowable limits (Ref. OAR 603-027-0440).

(A) Gasoline sold or offered for sale by a wholesale dealer, retail dealer, or non-retail dealer does not meet the requirements of 603-027-0420(1);

(B) Gasoline sold or offered for sale by a wholesale dealer, retail dealer, or non-retail dealer contains one or more prohibited additives specified in 603-027-0420(4);

(D) Gasoline sold or offered for sale by wholesale dealer, retail dealer, or non-retail dealer does not meet gasoline-ethanol blending requirements in 603-028-0420(3);

(E) Diesel Fuel, Biomass-Based Diesel Fuel, or Renewable Diesel Fuel including fuels blended with up to and including 20 volume percent biodiesel sold or offered for sale by wholesale dealer, retail dealer, or non-retail dealer does not meet the requirements of 603-027-0420(5);

(F) Winter or Winterized Diesel fuel sold or offered for sale by wholesale dealer, retail dealer, or non-retail dealer does not meet the requirements of 603-027-0420(6);

(G) Premium Diesel fuel sold or offered for sale by wholesale dealer, retail dealer, or non-retail dealer does not meet the requirements of 603-027-0420(7);

(H) Biodiesel intended for blending with diesel fuel does not meet the requirements of 603-027-0420(8);

(I) Biodiesel blend containing more than 20 volume percent biodiesel sold or offered for sale does not meet requirements of 603-027-0420(9);

(J) Biomass-based diesel fuel sold or offered for sale does not meet requirements of 603-027-0420(5);

(K) Biomass-based diesel blend fuel sold or offered for sale does not meet requirements of 603-027-0420(5);

(L) Diesel fuel sold or offered for sale does not blending requirements of 603-027-0430(12);

(M) Aviation gasoline sold or offered for sale does not meet the requirements of 603-027-0420(13);

(N) Ethanol Flex Fuel sold or offered for sale does not meet the requirements of 603-027-0420(14);

(O) M85 Fuel Methanol sold or offered for sale does not meet the requirements of 603-027-0420(15).

History

Statutory/Other Authority: ORS 561.190 & ORS 646.905 - 646.990
Statutes/Other Implemented: ORS 646.905 - 646.990 & ORS 183
DOA 27-2021, amend filed 11/30/2021, effective 01/01/2022
DOA 17-2016, f. & cert. ef. 8-4-16
DOA 24-2011, f. & cert. ef. 12-14-11
DOA 19-2010, f. & cert. ef. 9-14-10
DOA 16-2009, f. 12-23-09, cert. ef. 1-1-10
DOA 11-2009(Temp), f. & cert. ef. 7-24-09 thru 1-17-10
DOA 21-2008, f. & cert. ef. 9-11-08
DOA 12-2008(Temp), f. 3-14-08, cert. ef. 3-17-08 thru 9-12-08
DOA 8-2008, f. & cert. ef. 2-15-08
DOA 17-2006, f. & cert. ef. 9-26-06
DOA 5-2002, f. & cert. ef. 1-28-02
AD 19-1997, f. 12-9-97, cert. ef. 1-1-98

Or. Admin. R. 603-027-0630 Application

OAR 603-027-0635 and 603-027-0640 shall apply to weighing and measuring instruments and devices within Oregon as follows:

(1) To commercial weighing and measuring equipment; that is, to weights and measures and weighing and measuring devices commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, vehicles, produce, or articles for distribution or consumption, purchases, offered or for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination.

(2) To any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed that its operation affects the accuracy of the device.

(3) To weighing and measuring equipment in official use for the collection of statistical information by government agencies.

History

Statutory/Other Authority: ORS 561.190 & 618.136 - 618.246
Statutes/Other Implemented: ORS 561.190 & 618.136 - 618.246
AD 1010(23-74), f. 12-20-73, ef. 1-11-74

Or. Admin. R. 603-027-0635 Adoption of the National Institute of Standards and Technology Handbook 44

Except as provided in OAR 603-027-0640, the specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment within Oregon shall be those adopted by the National Conference on Weights and Measures, and contained in the 2010 Edition of Handbook 44, published by the U.S. Department of Commerce, entitled the "National Institute of Standards and Technology Handbook 44-Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices", which publication is by this reference hereby made a part of this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 618
Statutes/Other Implemented: ORS 618.016, 618.031, 618.051, 618.056, 618.066, 618.076, 618.081, 618.086, 618.096, 618.115, 618.151 & 618.275
DOA 19-2010, f. & cert. ef. 9-14-10
DOA 3-2007, f. & cert. ef. 2-2-07
DOA 20-2004, f. & cert. ef. 6-28-04
DOA 9-2002, f. & cert. ef. 2-15-02
DOA 8-2000, f. & cert. ef. 3-29-00
AD 12-1996, f. & cert. ef. 12-10-96
AD 3-1992, f. & cert. ef. 4-9-92
AD 8-1990, f. & cert. ef. 4-5-90
AD 9-1988, f. & cert. ef. 12-15-88
AD 2-1986, f. & ef. 1-21-86
AD 19-1981, f. & ef. 8-21-81
AD 10-1979, f. & ef. 8-22-79
AD 6-1977, f. & ef. 3-21-77
AD 1056(2-75), f. 4-16-75, ef. 5-11-75
AD 1010(23-73), f. 12-20-73, ef. 1-11-74

Or. Admin. R. 603-027-0640 Exceptions to the National Institute of Standards and Technology Handbook 44

The following exceptions and amendments are made to said handbook identified in OAR 603-027-0635:

(1) General Code: Section G-UR. User Requirements. In the last sentence of subsection G-UR.4.1 "Maintenance of Equipment", change "device user" to "device owner or operator".

(2) Scale Code:

(a) Section UR.3. User Requirements. At the end of subsection UR.3.3 "Single-Draft Vehicle Weighing", of the Scale Code in said handbook, add a new paragraph (c): "(c) The requirements of this rule apply only to new or used vehicle scales installed after August 13, 1975."

(b) Section UR.3. User Requirements. At the end of subsection UR.3.7.(a) add "and domestic solid waste".

(c) (Add a new subsection UR.3.3.1. "Multiple-Draft Vehicle Weighing", to the Scale Code in said handbook: "UR.3.3.1. Multiple Draft Vehicle Weighing. A vehicle scale installed and in use for weighing highway vehicles prior to August 13, 1975, may, at its then existing location, continue to be used for commercially weighing a highway vehicle or a coupled highway vehicle in multiple-draft rather than a single draft if:

(A) The vendor and vendee to the weighing transaction or an agent of either with written authority to consent to the transaction, agree in writing to a multiple-draft weight determination and provide written disclosure of the multiple-draft weight determination for the information of third parties to the weighing transaction, in a manner prescribed by the Department;

(B) At least one of the approaches to such a scale is straight, level and in the same plane as the scale platform and the weight determination is made using that approach; and

(C) The vehicle weight is limited or distributed on the scale platform so as not to exceed the manufacturer's rated sectional capacity for such a scale."

(d) Non-price-computing non-electronic mechanical scales of 50 kilograms (110 pounds) capacity or less that meet other Scale Code design, performance, marking and user requirements are exempt from ACCURACY CLASS MARKING under Section S.5. provided that devices intended for Class III applications excluding retail precious metals and semi-precious gem weighing under Table 7a. of Scale Code Section UR.1.1(a) shall have a minimum of 240 scale divisions.

(3) Appendix D Definitions.

(a) Direct Sale. Replace with the following: "A sale in which both parties in the transaction are present when the quantity is being determined."

(b) Remanufactured device. At the end of the Remanufactured device definition add "by a remanufacturer".

(c) Remanufacturer. Add the following definition: "Remanufacturer. A company or individual who produces remanufactured devices or remanufactured main elements for resale."

(4) Hydrocarbon Gas Vapor-Measuring Devices Code. Section 3.33. Add a new subsection "N.7. Leak Test" to the Hydrocarbon Gas Vapor-Measuring Devices Code in said handbook: "N.7. Leak Test. Each hydrocarbon gas vapor-measuring device shall be submitted to a pressure leak test not to exceed the manufacturer's maximum rated pressure."

[ED. NOTE: Tables referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 618
Statutes/Other Implemented: ORS 618.016, 618.031, 618.051, 618.056, 618.066, 618.076, 618.081, 618.086, 618.096, 618.115, 618.151 & 618.275
DOA 3-2007, f. & cert. ef. 2-2-07
DOA 20-2004, f. & cert. ef. 6-28-04
DOA 11-2004, f. & cert. ef. 3-26-04
DOA 10-2002, f. & cert. ef. 3-7-02
DOA 9-2002, f. & cert. ef. 2-15-02
DOA 8-2000, f. & cert. ef. 3-29-00
AD 12-1996, f. & cert. ef. 12-10-966
AD 3-1992, f. & cert. ef. 4-9-92
AD 8-1990, f. & cert. ef. 4-5-90
AD 9-1988, f. & cert. ef. 12-15-88
AD 2-1986, f. & cert. ef. 1-21-86
AD 12-1981, f. & cert. ef. 7-6-81
AD 9-1979, f. & cert. ef. 8-16-79
AD 6-1977, f. & cert. ef. 3-21-77
AD 1056(2-75), f. 4-16-75, cert. ef. 12-11-74
AD 1050(40-74), f. 11-20-74, cert. ef. 12-11-74
AD 1010(23-73), f. 12-20-73, cert. ef. 1-11-74

Or. Admin. R. 603-027-0650 Application

This regulation shall apply to all classes of devices and/or equipment as covered in National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, and 105-3.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 618
Statutes/Other Implemented: ORS 618.156
AD 20-1990, f. & cert. ef. 10-25-90

Or. Admin. R. 603-027-0655 National Type Evaluation Program

(1) The term "National Type Evaluation Program" shall be construed to mean a program of cooperation between the National Institute of Standard and Technology, the National Conference on Weights and Measures, the State, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions of National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," National Institute of Standards and Technology Handbook 105-1, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, specifications and Tolerances for Field Standard Weights (NIST Class F)," National Institute of Standards and Technology Handbook 105-2, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerance for Field Standard Measuring Flask," or National Institute of Standards and Technology Handbook 105-3, "Specifications and Tolerances for Reference Standards and Field Standard Weights and measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards."

(2) Type Evaluation: The term "type evaluation" shall be construed to mean the testing, examination, and/or evaluation of a type by a Participating Laboratory under the National Type Evaluation Programs.

(3) Type: The term "type" shall be construed to mean a model or models of a particular measurement system, instrument, element, or a field standard that positively identified the design. A specific type may carry in its measurement ranges, size, performance, an operating characteristics as specified in the Certificate of Conformance.

(4) Participating Laboratory: The term "participating laboratory" shall be construed to mean any State Measurement Laboratory that has been certified by the National Institute of Standards and Technology, in accordance with its program for the Certification of Capability of state Measurement Laboratories, to conduct a type evaluation under the National Type Evaluation Program.

(5) Certificate of Conformance: The term "certificate of conformance" shall be construed to mean a document issued by the National Institute of Standards and Technology or the National Conference on Weights and Measures based on testing in participating laboratories, said document constituting evidence of conformance of a type with the requirements of National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, 105-3.

(6) Director: The term "director" means the Director of the Department of Agriculture.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 618
Statutes/Other Implemented: ORS 618.156
DOA 19-2010, f. & cert. ef. 9-14-10
AD 20-1990, f. & cert. ef. 10-25-90

Or. Admin. R. 603-027-0660 Certificate of Conformance

The Director may require any weight or measure, or any weighing or measuring instrument or device to be issued a Certificate of Conformance prior to use for commercial or law enforcement purposes.

History

Statutory/Other Authority: ORS 561 & 618
Statutes/Other Implemented: ORS 618.156
AD 20-1990, f. & cert. ef. 10-25-90

Or. Admin. R. 603-027-0665 Participating Laboratory

The Director is authorize to operate a Participating Laboratory as part of the National Type Evaluation Program. In this regard, the Director is authorized to charge and collect fees for type evaluation services.

History

Statutory/Other Authority: ORS 561 & 618
Statutes/Other Implemented: ORS 618.156
AD 20-1990, f. & cert. ef. 10-25-90

Or. Admin. R. 603-027-0670 Definitions

As used in this Chapter, unless the context requires otherwise:

(1) "Placed in Service" means to install or repair following official rejection of any weighing or measuring device used commercially or intended to be used commercially.

(2) "Predominantly in Favor" means any and all weighing or measuring equipment, by group or entirety, in service at a single place of business found to be in error predominantly in a direction favorable to the device owner or operator:

(a) More than 50 percent of the total devices with errors in favor of the device owner or operator; and

(b) In the case of measuring devices, more than 50 percent of the devices dispensing any single product, grade, service level, or payment method, with errors in favor of the device owner or operator. Devices that are not consistently minus (i.e. have either one "zero" or one "plus" error in addition to one minus error) on either the normal or special test will not be included in the calculations to determine if the entire site or a specific product, grade, service level, or payment method, is predominantly minus.

(3) "Repair," in any of its variant forms, means to adjust or recondition any weighing or measuring device following official rejection.

(4) "Service Agency" means any agency, firm, company or corporation which for hire, award, commission, or any other payment of any kind, installs, services, repairs or reconditions a commercial weighing or measuring device.

(5) "Serviceperson" means any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device.

History

Statutory/Other Authority: ORS 561.190 & 618
Statutes/Other Implemented: ORS 618.031 & 618.156
DOA 3-2007, f. & cert. ef. 2-2-07
DOA 26-1999, f. & cert. ef. 12-6-99

Or. Admin. R. 603-027-0680 Placed in Service

A weighing or measuring device shall not be used commercially in the State of Oregon until:

(1) It is licensed as required in ORS 618.121;

(2) Either:

(a) A Placed in Service Report is completed and distributed as required in OAR 603-027-0690; or

(b) Express permission is given to the device owner or operator by a representative of the Measurement Standards Division,

(3) The devices are in compliance with all applicable requirements of the 2010 Edition of the National Institute of Standards and Technology (N.I.S.T.) Handbook 44;

(4) The devices are issued an active National Type Evaluation Program (N.T.E.P.) Certificate of Conformance (CC) on the entire weighing or measuring system unless otherwise exempted;

(5) The devices are installed in accordance with the manufacture's instructions;

(6) The devices are adjusted within applicable tolerances and not Predominantly in Favor of the device owner or operator;

(7) The devices are adjusted as closely as practicable to zero error; and

(8) Security seals are appropriately affixed to any mechanism designed to be sealed.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 618
Statutes/Other Implemented: ORS 618.031 & 618.156
DOA 19-2010, f. & cert. ef. 9-14-10
DOA 3-2007, f. & cert. ef. 2-2-07
DOA 20-2004, f. & cert. ef. 6-28-04
DOA 9-2002, f. & cert. ef. 2-15-02
DOA 26-1999, f. & cert. ef. 12-6-99

Or. Admin. R. 603-027-0690 Placed in Service Report

The Measurement Standards Division shall make available to each Service Agency report forms to be known as “Placed in Service Reports.” A Serviceperson or a serviceperson representing a Service Agency shall sign such a form and execute it in triplicate for each rejected device restored to service and for each newly installed device placed in service. Properly completed rejection tag(s) shall suffice in lieu of a Placed in Service Report for device(s) restored to service following official rejection. Within 24 hours after a device is restored to service, or placed in service, the original of the properly executed Placed in Service Report or any completed official rejection tag removed from the device, shall be mailed to the Measurement Standards Division, 635 Capitol Street NE, Salem, Oregon, 97301-2532. The duplicate copy of the report shall be handed to or mailed to the owner or operator of the device, and the triplicate copy of the report shall be retained by the Serviceperson or Agency.

History

Statutory/Other Authority: ORS 561.190 & 618
Statutes/Other Implemented: ORS 618.031 & 618.156
DOA 26-1999, f. & cert. ef. 12-6-99

Or. Admin. R. 603-027-0700 Responsibilities of Service Person or Service Agency

The Service person or Service Agency is responsible for placing in service, installing, repairing, and adjusting devices such that:

(1) The devices are in compliance with all applicable requirements of the 2010 Edition of the National Institute of Standards and Technology (N.I.S.T.) Handbook 44;

(2) The devices are issued an active National Type Evaluation Program (N.T.E.P.) Certificate of Conformance (CC) on the entire weighing or measuring system unless otherwise exempted;

(3) The devices are installed in accordance with the manufacture's instructions;

(4) The devices are adjusted within applicable tolerances and not Predominantly in Favor of the device user;

(5) The devices are adjusted as closely as practicable to zero error;

(6) Security seals are appropriately affixed to any mechanism designed to be sealed; and

(7) A Placed in Service Report is completed and distributed as required in 603-027-0690.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 618.031 & 618.156
Statutes/Other Implemented: ORS 618.031 & 618.156
DOA 19-2010, f. & cert. ef. 9-14-10
DOA 3-2007, f. & cert. ef. 2-2-07
DOA 20-2004, f. & cert. ef. 6-28-04
DOA 9-2002, f. & cert. ef. 2-15-02
DOA 26-1999, f. & cert. ef. 12-6-99

Division 28 MEAT PRODUCTS AND ESTABLISHMENTS

Or. Admin. R. 603-028-0005 Definitions

In addition to the provisions and definitions set forth in ORS Chapters 616 and 619, a meat and meat products establishment is subject to the definitions set forth in OAR 603-025-0010.

(1) "Fat Content" means the amount of fat contained in a meat or meat product as determined by laboratory procedures and methods recommended and accepted by the Association of Official Analytical Chemists (AOAC).

(2) "Ground Beef" or "Chopped Beef" means chopped, fresh or frozen beef with a maximum fat content of 30 percent of the finished product weight.

(3) "Lean Ground Beef" means chopped, fresh or frozen beef with a maximum fat content of 22 percent of the finished product weight.

(4) "Extra Lean Ground Beef" means chopped, fresh or frozen beef with a maximum fat content of 16 percent of the finished product weight.

(5) "Hamburger" means chopped fresh or frozen beef with a maximum fat content of 30 percent of the finished product weight not containing corn syrup solids, corn syrup, or glucose syrup as seasoning, in excess of two percent of the finished product weight and with or without other beef fat.

(6) "Meat (species) Patty" or "Meat (species) Patty Mix" means a ground or chopped meat product, from one or more fresh or frozen meats, with a maximum fat content of 30 percent of the finished product weight, and a maximum added extender content of ten percent (on a dry weight basis) of the finished product weight. It may contain the following as additional optional ingredients:

(a) Water;

(b) Corn syrup solids, corn syrup, or glucose syrup as seasoning, not in excess of two percent of the finished product weight;

(d) Extenders (cereals, whey protein, soy protein, textured vegetable protein etc.), but if such is textured vegetable protein, it shall be fortified. Rehydrated extenders shall contain 70 percent or less water.

(7) "Fabricated (species) Steak", or Formed (species) Steak", "Shaped (species) Steak", or "Molded (species) Steak" means a fabricated, formed, comminuted meat product from fresh or frozen meat of the species identified, with a maximum fat content of 30 percent of the finished product weight, and without the addition of water, extenders or binders. It may contain the following as additional optional ingredients:

(a) Other fat of the same species;

(b) Hydrolyzed plant protein or other flavorings.

(8) "Fresh Pork Sausage" means a coarse or finely comminuted meat product, from fresh or frozen pork meat, with a maximum fat content of 50 percent of the finished product weight, and may contain added seasonings (condimental substances), and added water or ice (to facilitate chopping or mixing) not to exceed three percent of the total ingredients used.

(9) "Fresh Beef Sausage" means a coarse or finely comminuted meat product, from fresh or frozen beef meat, with a maximum fat content of 30 percent of the finished product weight, and may contain added seasonings (condimental substances), and added water or ice (to facilitate chopping or mixing) not to exceed three percent of the total ingredients used.

(10) "Breakfast Sausage" means a coarse or finely comminuted meat product from fresh or frozen meat or meat-by-products, with a maximum fat content of 50 percent of the finished product weight, and may contain added seasonings (condimental substances), added water or ice (to facilitate chopping or mixing) not to exceed three percent of the total ingredients used, and extenders (cereals, whey protein, soy protein, textured vegetable protein or plant protein, etc.) not to exceed 3.5 percent of the finished product weight. If textured vegetable protein is used, it shall be fortified.

(11) "Beef Barbecue", "Barbecued Pork", or a similar barbecued product means a meat product cooked by the direct action of dry heat for a sufficient period of time to assume the usual characteristics of a barbecued article, including the formation of a brown crust on the surface and the rendering of surface fat. Such product may be basted or injected with a sauce during the cooking process.

(12) Only the terms "Lean" or "Extra Lean" may be used to describe the products identified in sections (4) and (5) of this rule.

(13) If beef cheek meat (trimmed beef cheeks) is used in the products identified in sections (3), (4), (5) and (6) of this rule, the amount of such shall not exceed 25 percent of the finished product weight, and if in excess of natural proportions, shall be declared on the package label or bulk display placard.

(14) Domesticated elk means North American wapiti (Cervus canadensis), Manitoban elk (Cervus elaphus manitobensis), Rocky Mountain elk (Cervus elaphus nelsoni), Roosevelt elk (Cervus elaphus roosevelti) and Tule elk (Cervus elaphus nannodes) that are born and raised in captivity.

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
DOA 12-2007, f. & cert. ef. 7-2-07
DOA 13-2002, f. & cert. ef. 4-11-02
AD 21-1990, f. & cert. ef. 11-27-90
AD 1005(19-73), f. 12-5-73, ef. 12-25-73

Or. Admin. R. 603-028-0100 Buildings

(1) Meat and Meat Product Establishments are subject to the provisions specified in OAR 603-025-0020, 603-025-0030 and 603-025-0150.

(2) In addition, Poultry and Rabbit Slaughterer/Processors are subject to the provisions of OAR 603-028-0605 and 603-028-0825.

(3) Lighting — No illumination or display shall be of a type, color, or density that alters or distorts the appearance of a meat product to make it appear of better quality than the product actually is.

(4) Waste — Unwholesome and inedible meat products shall be denatured prior to removal.

(5) Ready-to-eat smoked pork or meat products shall be processed at not less than 140 degrees F. for a sufficient length of time to destroy trichina and other toxigenic organisms. The smoking compartment shall be equipped with accurate (plus or minus 2 degrees F.), visible recording chart thermometers for recording internal product temperatures. An indicating thermometer shall be provided showing the ambient temperature of the smoking compartment. Each recording chart shall be maintained for at least one year from the date of recording, shall show the type and lot number of the meat product being smoked, the date thereof, and bear the signature of the person in charge.

(6) The carcasses or products of game animals, game birds or other non-meat animals shall not be:

(a) Stored in an establishment, unless apart from meat or meat products and securely enclosed in a clean wrapper or game bag;

(b) Prepared in any manner, except after completion of the daily preparation of meat or meat products, in which case the equipment and utensils utilized shall thereafter be cleaned and sanitized.

(7) Elk held for slaughter shall be kept in the most secure interior pens at the slaughter plant. These holding and transfer facilities shall be adequate to prevent escape of the animals.

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
DOA 13-2002, f. & cert. ef. 4-11-02
AD 21-1990, f. & cert. ef. 11-27-90
AD 1005(19-73), f. 12-5-73, ef. 12-25-73

Or. Admin. R. 603-028-0212 General Controls

The operator of a slaughtering facility shall ensure that required blood and tissue samples, and any means of identification of domesticated elk slaughtered at that facility be collected and submitted to the Oregon Department of Agriculture.

History

Statutory/Other Authority: ORS 561 & 603.085
DOA 13-2002, f. & cert. ef. 4-11-02

Or. Admin. R. 603-028-0300 Packaging

(1) Package coverings or wrapping of meat or meat products shall not be of a color, design, fabrication, or kind as to be misleading or deceptive with respect to the color, quality, nature, or kind of meat or meat product.

(2) Transparent or semi-transparent package wrappers, casings, or coverings of cured, cured and smoked, or cured and cooked sausage products, and sliced ready-to-eat meat products may be color-tinted or bear red designs, not to exceed 50 percent of such package wrapper, casing, or covering. However, the transparent or semi-transparent portion of the principal display panel shall be free of any color-tinting or red designs, and such principal display panel shall provide at least 20 percent unobstructed, clear space, consolidated in one area, so that the true color, quality, nature, or kind of meat product is visible.

(3) Meat or meat products shall not be packaged in such a manner as to hide from view undesirable or less costly portions, cuts or portions, cuts or portions of cuts of the meat, or meat products contained therein.

(4) Sliced bacon, other than that which is canned or packaged at the time of offering for retail sale, shall only be packaged in containers which provide the retail customer with a clear, unobstructed view of a substantial portion of a slice of bacon similar to that packaged therein, and such bacon shall not be packaged in such a manner as to make the whole package appear to be of better quality than it actually is.

(5) Except as otherwise provided in this rule, Meat and Meat Products shall be labeled in accordance with OAR 603-025-0020(17), 603-025-0080 and 603-025-0190, the Federal Wholesome Meat Act and the provisions contained in the Code of Federal Regulations specified in Title 9, Part 319, and at retail shall be labeled as recommended in the 1973 Uniform Retail Meat Identity Standards published by the National Livestock and Meat Board.

(6) A meat or meat product labeled with descriptive, comparative or superlative terms as to fat content, shall also be labeled with a qualifying statement indicating the percentage of fat content thereof. A reasonable variation between fat content in descending order shall be maintained if more than one such descriptive, comparative or superlative term is used. A bulk display placard may be used in lieu of labeling in this respect.

(7) The term "fresh" shall not be used on labels of a meat or meat product which:

(a) Contains any added nitrites, nitrates, or other preservatives;

(b) Has been salted for preservation, pickled, irradiated, heated or smoked;

(8) Pet animal food meat products shall be additionally labeled "Not For Human Consumption".

(9) Packaged fryers, whole or cut-up, not including giblets, shall be labeled "whole fryer without giblets". Packaged fryer parts labeled as specific parts shall not contain other parts of lesser value unless labeled to that effect ("breast with portion of ribs"; "thighs with portion of backs"; etc.).

(10) A meat and meat product advertisement shall conform with the requirements of sections (5), (6), and (7) of this rule, except for the ingredient declaration.

(11) A bulk display of meat or meat products shall include a clearly visible and legible placard prominently displayed immediately adjacent to such display, and such placard shall be of such a color contrast that it may be easily read. Such placard shall contain:

(a) The product name;

(b) A declaration of price per unit of weight;

(d) Other statement as may be required by these regulations.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
DOA 12-2007, f. & cert. ef. 7-2-07
AD 21-1990, f. & cert. ef. 11-27-90
AD 1005(19-73), f. 12-5-73, ef. 12-25-73

Or. Admin. R. 603-028-0405 Additives

(1) Proteolytic enzyme (tenderizers) substances may be used in raw meat or raw meat products, and if so used a declaration of this fact shall be included on the package label or bulk display placard.

(2) No non-meat substance, including, but not limited to, sulfite compounds, salts, or esters of sulfurous acids, benzoate compounds niacin compounds, ascorbates, nitrates, nitrites, artificial colorings, or flavorings, shall be used in raw meat or raw meat products unless specifically provided in these regulations.

History

Statutory/Other Authority: ORS 561.190, 603.085, 619.031 & 619.046
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
AD 1005(19-73), f. 12-5-73, ef. 12-25-73

Or. Admin. R. 603-028-0500 Prohibited Acts

No operator or employee of an establishment shall:

(1) Fail to keep and maintain an establishment and equipment therein or thereon in a clean, healthful, and sanitary condition as required by subsection (1) of ORS Chapter 619 (Section 5, Chapter 174, Oregon Laws 1973) and OAR 603-028-0100.

(2) Prepare, sell, offer, or hold for sale any meat or meat product that is:

(a) Misbranded as defined in subsection (1) of ORS 619.010 and subsections (1), (7), (8), and (10) of ORS 616.250, and as prescribed in OAR 603-028-0300;

(b) Adulterated as defined in subsections (1) and (2) of ORS 616.235, and as prescribed in OAR 603-028-0300 and 603-028-0405.

(3) Prepare, sell, offer, or hold for sale domesticated elk meat or meat by-products where the slaughtering and processing has not been conducted in establishment inspected and certified for wholesomeness by the U.S. Department of Agriculture or a successor agency.

History

Statutory/Other Authority: ORS 561, 603 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
DOA 7-2006, f. & cert. ef. 3-10-06
DOA 13-2002, f. & cert. ef. 4-11-02
AD 21-1990, f. & cert. ef. 11-27-90
AD 13-1978, f. & ef. 9-5-78
AD 1005(19-73), f. 12-5-73, ef. 12-25-73

Or. Admin. R. 603-028-0550 License Fees and Categories

As provided in ORS 603.025 and ORS 619.031, a person may not engage in certain kinds of meat slaughtering, processing, or selling activities without first obtaining a license from the department. Pursuant to ORS 603.025 and ORS 619.031, the department may establish license fees for such activities based on the license applicant’s annual gross dollar volume of sales and services in Oregon. The annual license fees for such establishments are as follows:

(1) Animal food processing establishment, as defined in ORS 619.010(2) (annual gross dollar volume of sales):

(a) $0-$5,000 - $253

(b) $5,001 - $50,000 - $253

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 to $10,000,000 - $634

(g) greater than $10,000,000 - $824

(2) Meat seller establishment, as defined in ORS 603.010(8) (annual gross dollar volume of sales):

(a) $0-$5,000 - $253

(b) $5,001 - $50,000 - $253

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 to $10,000,000 - $634

(g) greater than $10,000,000 - $824

(3) Slaughterhouse, custom slaughtering establishment or custom processing establishment where only poultry or rabbits are slaughtered or prepared, as provided in ORS 603.025(4)(e) (annual gross dollar volume of sales):

(a) $0-$5,000 - $253

(b) $5,001 - $50,000 - $253

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 to $10,000,000 - $634

(g) greater than $10,000,000 - $824

(4) Slaughterhouse, as defined in ORS 603.010(12) (annual gross dollar volume of sales):

(a) $0-$5,000 - $253

(b) $5,001 - $50,000 - $253

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 to $10,000,000 - $634

(g) greater than $10,000,000 - $824

(5) Non-slaughtering processing establishment, as defined in ORS 603.010(9) (annual gross dollar volume of sales):

(a) $0-$5,000 - $253

(b) $5,001 - $50,000 - $253

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 to $10,000,000 - $634

(g) greater than $10,000,000 - $824

(6) Custom stationary slaughtering establishment, as provided in ORS 603.010(2) (annual gross dollar volume of sales):

(a) $0-$5,000 - $253

(b) $5,001 - $50,000 - $253

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 to $10,000,000 - $634

(g) greater than $10,000,000 - $824

(7) Custom mobile slaughtering establishment, as provided in ORS 603.010(2) (annual gross dollar volume of sales):

(a) $0-$5,000 - $253

(b) $5,001 - $50,000 - $253

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 to $10,000,000 - $634

(g) greater than $10,000,000 - $824

(8) Custom meat processor, as provided in ORS 603-010(1) (annual gross dollar volume of sales):

(a) $0-$5,000 - $253

(b) $5,001 - $50,000 - $253

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 to $10,000,000 - $634

(g) greater than $10,000,000 - $824

(9) Prepackaged meat seller, as provided in ORS 603-010(8) (annual gross dollar volume of sales):

(a) $0-$5,000 - $127

(b) $5,001 - $50,000 - $191

(d) $500,001 - $1,000,000 - $381

(e) $1,000,001 - $5,000,000 - $571

(f) $5,000,001 to $10,000,000 - $634

(g) greater than $10,000,000 - $824

History

Statutory/Other Authority: ORS 561, ORS 603, ORS 616 & ORS 619
Statutes/Other Implemented: ORS 603.025, OL 2021, Ch. 564, ORS 616.706 & ORS 619.031
DOA 9-2022, amend filed 05/12/2022, effective 05/16/2022
DOA 14-2021, amend filed 04/15/2021, effective 05/01/2021
DOA 2-2020, amend filed 02/27/2020, effective 02/28/2020
DOA 12-2018, adopt filed 03/12/2018, effective 03/12/2018

Or. Admin. R. 603-028-0560 New License Fees; License expiration; Operating without a License

(1) New license fees must be received within 14 calendar days of the department’s initial approval inspection. If a new license fee payment is not received within 14 calendar days of the initial approval inspection, the establishment will be considered operating without a license.

(2) Each license shall expire on June 30 next following the date of issuance.

(3) The department will collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th calendar day after the license expiration date.

(4) The delinquent renewal penalty shall be 30 percent of the amount of the license fee.

(7) The department will waive the delinquent renewal penalty if:

(a) The licensee's failure to renew the license prior to the 60th calendar day was caused entirely or in part by a department error or omission; or

(9) A previously licensed meat slaughtering, processing, or selling establishment will be considered to be operating without a license if it fails to renew the license by the 90th calendar day after the license expires.

(10) If an establishment fails to obtain a required license, or if an establishment’s required license lapses, the Department may order the closure of such establishment. In ordering the closure of an establishment for failing to obtain a required license or allowing its license to lapse, the Department shall follow the procedures set forth in OAR 603-025-0520 to 603-025-0535.

History

Statutory/Other Authority: ORS 561, 616, 603 & 619
Statutes/Other Implemented: ORS 561.300, ORS 603.025, ORS 616.706 & ORS 619.031
DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021
DOA 12-2018, adopt filed 03/12/2018, effective 03/12/2018

Or. Admin. R. 603-028-0600 Definitions

(1) In addition to the definitions set forth in ORS Chapter 603, a custom meat establishment is subject to the definitions set forth in OAR 603-025-0010.

(2) “Mobile custom slaughtering establishment” means a custom slaughtering establishment consisting of a truck, trailer, or other vehicle, and the equipment and utensils situated therein or thereon.

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
AD 21-1990, f. & cert. ef. 11-27-90
AD 1004(18-73), f. 12-5-73, ef. 12-25-73

Or. Admin. R. 603-028-0605 Sanitation, Maintenance, and Construction by Licensees

(1) Stationary Custom Establishments are subject to the General Requirements outlined in OAR 603-025-0020 and 603-025-0150. In addition a stationary custom slaughtering establishment shall comply with the following:

(a) Provide a holding pen of sufficient size to hold the number of meat animals comprising an average day’s slaughter. It shall have a concrete floor sloped to a drain meeting the Oregon State Plumbing Code. The pen interior shall be free of projecting nails or other hazards to the penned animals. The chute from the holding pen to the knocking box shall also have a concrete floor;

(b) Provide a knocking box having a concrete floor curbed at its outside and forward edges, and sloped so as to drain to the kill floor (unless sloped to a dry landing area thereof). Doors or gates to the knocking box shall be hinged or pivoted and of metal or metal-covered material. Walls shall be of masonry or metal material;

(c) Provide a kill room having a concrete floor sloped to a drain meeting the Oregon State Plumbing Code. Walls and ceilings shall be of smooth, impervious material, with the junctions of floors and walls to be covered and tight. It shall have hot and cold water supplies with overhead and wall outlets;

(d) Provide an inedible offal room of sufficient size to hold the offal from the largest day’s slaughter. It shall have an exterior, screened and ventilated, and hot and cold water supplies. Doors from the kill room and through which the offal is removed shall be of metal or metal-covered material, and the latter door shall be self-closing. It shall not contain any wooden structure or equipment except in the ceiling area;

(e) Special purpose rooms (for offal separating, hide storage, freezer, etc.) may also be a part of the establishment if designed and constructed in accordance with the requirements of the Department relating to its intended use. If inedible offal is to stored for longer than 18 hours, refrigeration shall be provided in the storage area.

(2) Mobile Custom Slaughtering Establishments are subject to the applicable provisions of OAR 603-025-0020. In addition it shall be constructed and equipped in accordance with the following:

(a) It shall have a van-type body enclosing and covering the unit, excluding the driver’s cab and hoist, and surfaces constructed from non-rusting metal or sheet metal painted with smooth enamel or lacquer. Wood may only be used as internal framing or spacing materials between double non-wooden walls. It shall be designed and constructed so as to prevent the entry of contaminants (dirt, dust, insects, etc.) and to allow the exterior and interior to be easily cleanable and sanitized;

(b) It shall have a metal interior lining, or other material approved by the department, with the junctions of facing surfaces to be smoothly welded or soldered (or rolled and soldered) and spatter removed. All interior corners shall be rounded. Caulking compounds shall not be substituted for welding or soldering. The interior facing surfaces shall not be required to be painted if they are made of stainless or galvanized steel in good condition. The minimum metal gauges for interior facing surfaces are 14 for aluminum, 16 for sheet metal, and 17 for stainless steel. Fiberglass reinforced resin or aluminum alloys are permitted upon approval by the Department. Insulation shall be non-absorbent;

(c) It shall have the following minimum interior dimensions (excluding space for tanks and other affixed or mounted equipment):

(A) Height of six feet;

(B) Length of six feet;

(d) It shall have affixed a metal hoist of not less than 1-1/2 tons capacity, capable of lifting carcasses to above 12 inches from the ground (for purposes of bleeding and evisceration). Such hoist shall be situated so that carcasses suspended therefrom do not contact the truck or trailer body, and shall be equipped with a metal beef spreader;

(e) It shall contain a sanitizing tank of rust resistant metal and of sufficient size to immerse all tools (knives, cleavers, saws, hooks, etc.) and pans used in slaughter operations. It shall be filled with potable water of at least 180°F during all of the slaughter operations. This requirement does not preclude any other sanitization process approved by the Department;

(f) It shall contain a water tank of rust resistant metal, with at least a 100 gallon capacity, and with at least one spigot (for handwashing and general water supply), and at least one hose with nozzle (for washing of carcasses). It shall contain at least 50 gallons of potable water, under at least 60 pounds per square inch pressure, prior to commencing the slaughter operations. Such pressure shall be maintained during all of the slaughter operations;

(g) A smaller mobile custom slaughtering establishment may be used solely for the slaughter of animals of 400 lbs. or less live weight with the following exceptions from the above requirements:

(A) The interior dimensions of the vehicle may be five feet in height and four feet in width with a single center hanging rail;

(B) It may have affixed a metal hoist of not less than 3/4 ton capacity;

(C) It shall have a water tank of rust resistant metal with at least a 60 gallon capacity which shall contain at least 30 gallons of potable water.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
AD 21-1990, f. & cert. ef. 11-27-90
AD 1004(18-73), f. 12-5-73, ef. 12-25-73

Or. Admin. R. 603-028-0615 Federal Inspection

Custom slaughtering or custom processing establishments subject to the inspection and authority of the U.S. Department of Agriculture pursuant to the Federal Meat Inspection Act, as defined in ORS Chapter 619, or the Federal Poultry Inspection Act, and if directed by federal authorities to do so, shall comply with the requirements of said Act and regulations thereunder applicable to such establishments.

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
AD 21-1990, f. & cert. ef. 11-27-90
AD 1004(18-74), f. 12-5-73, ef. 12-25-73

Or. Admin. R. 603-028-0700 Labeling by Custom Slaughtering Establishments

(1) A custom slaughtering establishment shall label or firmly affix a tag to the carcass and each part therefrom, before removal from the vehicle in the case of a mobile establishment or before removal from the kill floor in the case of a stationary establishment, with the following:

(a) The name and address of the custom slaughtering establishment;

(b) The name of the owner of the article;

(d) The date of slaughter.

(2) The certificate required by ORS 603.045 shall be prepared in duplicate by the custom slaughtering establishment, with one copy of each certificate retained by the establishment and the other copy of each certificate submitted to the Department at the time of hide inspection.

(3) The records required to be kept by ORS 603.045(7) shall be retained by the custom establishment for a period of six months from the date of slaughter.

(4) A custom processing establishment, whether operated in conjunction with a retail meat seller establishment, a custom slaughtering establishment, or otherwise, shall label each individual package or each outside container, or parts of meat and meat products, immediately after preparation with the following:

(a) Symbols, numbers, names, or other marks so as to insure the identity of the owner and that such meat products are those of said owner;

(b) Only at the request of the owner, the name of the owner of the meat products;

(d) Label all packages in accordance with ORS 603.045.

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
AD 21-1990, f. & cert. ef. 11-27-90
AD 1004(18-73), f. 12-5-73, ef. 12-25-73

Or. Admin. R. 603-028-0710 Definitions

In addition to the definitions in ORS Chapter 616, OAR Chapter 603, Divisions 25 and 28, unless otherwise required by the context, the following terms will be construed, respectively, to mean:

(1) “Approved” means acceptable to the Department based on the determination of conformity with principles, practices, and generally recognized standards that protect public health.

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

(3) “Domesticated” means born and raised in captivity so as to live and breed in a tame condition.

(4) “Off-Farm Direct Sale” means sold and delivered to the end-user of the rabbit or poultry product by the rabbit or poultry business from a location other than the rabbit or poultry establishment.

(5) “On-Farm Direct Sale” means sold and delivered to the end-user of the rabbit or poultry product at the rabbit or poultry establishment.

(6) “Poultry” means:

(a) Domesticated species of birds subject to mandatory or voluntary inspection by the Department or the United States Department of Agriculture that are commonly used as a food source; including: chickens, turkeys, ducks, geese, or guinea fowl, whether live or dead.

(b) Poultry does not include ratites, endangered or protected species, wild game birds, non-game wild birds, or pet birds, whether live or dead.

(7) “Poultry business” means the owner and employees of the establishment.

(8) “Poultry product” means a whole poultry carcass which is processed for use as human food to the extent that feathers and offal are removed and may include the re-addition of the poultry’s gizzards or giblets.

(9) “Rabbit” means a live or dead member of a species in the Leporidae family that is domesticated and subject to voluntary inspection by the Department or the United States Department of Agriculture that are commonly used as a food source.

(10) “Rabbit business” means the owner and employees of the establishment.

(11) “Rabbit product” means a whole rabbit carcass which is processed for use as human food to the extent that hide and offal are removed.

(12) “Slaughtering Facility” means the portion of the establishment where the rabbit or poultry slaughter, processing, or packaging takes place.

History

Statutory/Other Authority: ORS 561.020, 619.046 & 603.038
Statutes/Other Implemented: ORS 603.085 & 619.046
DOA 10-2025, amend filed 05/12/2025, effective 05/12/2025
DOA 10-2012, f. & cert. ef. 5-15-12

Or. Admin. R. 603-028-0715 Licensing Exemptions

(1) Poultry businesses may qualify for both the Off-Farm Direct Sale Exemption and the On-Farm Direct Sale Exemption under OAR 603-028-710 to OAR 603-028-0740. A poultry business claiming both the Poultry On-Farm and Off-Farm poultry exemptions within a calendar year shall not slaughter more than 1,000 poultry in that calendar year.

(2) Rabbit businesses may qualify for either the Off-Farm Direct Sale Exemption or the On-Farm Direct Sale Exemption under OAR 603-028-710 to OAR 603-028-0740. A rabbit business claiming both the On-Farm and Off-Farm exemptions within a calendar year shall not slaughter more than 1,000 rabbits in that calendar year.

History

Statutory/Other Authority: ORS 561.020, 561.190, 619.046 & 603.038
Statutes/Other Implemented: ORS 561.020, ORS 603.085 & 619.046
DOA 10-2025, amend filed 05/12/2025, effective 05/12/2025
DOA 10-2012, f. & cert. ef. 5-15-12

Or. Admin. R. 603-028-0720 Off-Farm Direct Sale Poultry Exemption

(1) A poultry business is not required to obtain a license under ORS 603.025, ORS 616.706, and OAR 603-028-0100 for activities directly related to poultry, poultry products, and shell eggs, if:

(a) During a calendar year, the poultry business slaughters a total of 1,000 or fewer poultry of all poultry species combined;

(b) The poultry business performing the slaughter raised the poultry since the poultry was two weeks of age or younger;

(d) The poultry products are for use as human food;

(e) The poultry business maintains sanitary records under OAR 603-028-0740;

(f) The poultry business slaughters the poultry at an establishment meeting the sanitary requirements of OAR 603-028-0725 and does not allow other persons to use the establishment; and

(g) The poultry products are sold via off-farm direct sale or an on-farm direct sale.

(2) Poultry products may not be adulterated or misbranded in accordance with ORS 616.205 to 616.385.

(3) Poultry businesses claiming the exemption under this section may slaughter and process only their own poultry and sell the shell eggs of such poultry.

(4) Shell eggs and poultry products must be labeled with the open date in accordance with ORS 616.800 to 616.835.

(5) Poultry products may not enter into interstate commerce and shall be labeled with legible typed lettering a minimum of 0.25 inches in height “THIS PRODUCT MAY NOT LEAVE THE STATE OF OREGON”.

(6) Activities relating to food other than poultry products or shell eggs remain subject to licensing by the Department.

History

Statutory/Other Authority: ORS 561.190 & 616
Statutes/Other Implemented: ORS 616.835 & 603.038
DOA 10-2025, amend filed 05/12/2025, effective 05/12/2025
DOA 10-2012, f. & cert. ef. 5-15-12

Or. Admin. R. 603-028-0722 Off-Farm Direct Sale Rabbit Exemption

(1) A rabbit business is not required to obtain a license for activities directly related to rabbit and rabbit products under ORS 603.025, 616.706, or 603-028-0100, if:

(a) During a calendar year, the rabbit business slaughters a total of 1,000 or fewer rabbits;

(b) The rabbit business performing the slaughter raised the rabbits since the rabbit was two weeks of age or younger;

(d) The rabbit products are for use as human food;

(e) The rabbit business maintains sanitary records under OAR 603-028-0740;

(f) The rabbit business slaughters the rabbit at an establishment meeting the sanitary requirements of OAR 603-028-0725 and does not allow other persons to use the establishment; and

(g) The rabbit products are sold exclusively via off-farm direct sale or an on-farm direct sale.

(2) Rabbit products may not be adulterated or misbranded in accordance with ORS 616.205 to 616.385.

(3) Rabbit businesses claiming the exemption under this section must slaughter and process their own rabbit.

(4) Rabbit products must be labeled with;

(a) An open date in accordance with ORS 616.800 to 616.835; and

(b) Legible typed lettering a minimum of 0.25 inches in height “PROCESSED UNDER THE OREGON RABBIT EXEMPTION”.

(5) Activities relating to food other than rabbit products remain subject to licensing by the Department.

History

Statutory/Other Authority: ORS 561
Statutes/Other Implemented: ORS 603.038
DOA 10-2025, adopt filed 05/12/2025, effective 05/12/2025

Or. Admin. R. 603-028-0725 Sanitation Standards

A poultry or rabbit business claiming the exemption of OAR 603-028-0720 or OAR 603-028-0722 must slaughter the poultry and rabbits and conduct activities in accordance with ORS 619.026 and OAR 603-028-0100 in the establishment of the rabbit or poultry business.

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 603.085, 619.046 & 603.038
DOA 10-2025, amend filed 05/12/2025, effective 05/12/2025
DOA 10-2012, f. & cert. ef. 5-15-12

Or. Admin. R. 603-028-0730 On-Farm Direct Sale Exemption

(1) A poultry business engaged in on-farm direct sale is not required to obtain a license under ORS 603.025, 616.706, and OAR 603-028-0100, for activities directly related to poultry products if:

(a) During a calendar year, the poultry business slaughters a total of 1,000 or fewer poultry of all species combined;

(b) The poultry business performing the slaughter raised the poultry since the poultry was two weeks of age or younger;

(d) The poultry products are for use as human food;

(e) The poultry business maintains sanitary records in accordance with OAR 603-028-0740;

(f) The poultry business slaughters the poultry at an establishment meeting the sanitary requirements of OAR 603-028-0735 and does not allow other persons to use the establishment for any other purpose; and

(g) The poultry products are sold exclusively via on-farm sale.

(2) Poultry products may not be adulterated or misbranded in accordance with ORS 616.205 to 616.385.

(3) A poultry business claiming this exemption may not engage in buying or selling poultry products other than those produced from poultry raised at the poultry business.

(4) Shell eggs and poultry products must be labeled with the open date in accordance with ORS 616.800 to 616.835.

(5) Poultry products may not enter interstate commerce and must be labeled with legible typed lettering a minimum of 0.25 inches in height “THIS PRODUCT MAY NOT LEAVE THE STATE OF OREGON”.

(6) Activities relating to other than poultry or poultry products remain subject to licensing by the Department.

History

Statutory/Other Authority: ORS 561.020, 561.190, 616.835 & 619.046
Statutes/Other Implemented: ORS 561.020, 616.835, ORS 616.085 & 619.046
DOA 10-2025, amend filed 05/12/2025, effective 05/12/2025
DOA 10-2012, f. & cert. ef. 5-15-12

Or. Admin. R. 603-028-0732 On-Farm Direct Sale Rabbit Exemption

(1) A rabbit business engaged in on-farm direct sale is not required to obtain a license under ORS 603.025, 616.706, and OAR 603-028-0100, for activities directly related to rabbit and rabbit products if:

(a) During a calendar year, the rabbit business slaughters a total of 1,000 or fewer rabbit;

(b) The rabbit business performing the slaughter raised the rabbit since the rabbit was two weeks of age or younger;

(d) The rabbit products are for use as human food;

(e) The rabbit business maintains sanitary records in accordance with OAR 603-028-0740;

(f) The rabbit business slaughters the rabbit at an establishment meeting the sanitary requirements of OAR 603-028-0735 and does not allow other persons to use the establishment for any other purpose; and

(g) The rabbit products are sold exclusively via on-farm sale.

(2) Rabbit products may not be adulterated or misbranded in accordance with ORS 616.205 to 616.385.

(3) A rabbit business claiming this exemption may not engage in buying or selling rabbit products other than those produced from rabbit raised at the rabbit business.

(4) Rabbit products must be labeled with;

(a) An open date in accordance with ORS 616.800 to 616.835; and

(b) Legible typed lettering a minimum of 0.25 inches in height “PROCESSED UNDER THE OREGON RABBIT EXEMPTION”.

(5) Activities relating to other than rabbit or rabbit products remain subject to licensing by the Department.

History

Statutory/Other Authority: ORS 603.038
Statutes/Other Implemented: ORS 561.020, 603.085, 616.835 & 619.046
DOA 10-2025, adopt filed 05/12/2025, effective 05/12/2025

Or. Admin. R. 603-028-0735 Sanitation Standards

(1) A rabbit or poultry business that meets the requirements in OAR 603-028-0730 or OAR 603-028-0732 shall be exempt from ORS 619.026 and OAR 603-028-0100 if the slaughter and processing are conducted on the rabbit or poultry business premises, under sanitary standards, practices, and procedures that produce rabbit or poultry products that are sound, clean, and fit for human food (not adulterated).

(2) The slaughter facility must be reasonably protected from potential contaminants such as dust, mud, pests, and all other adulterants. A slaughter facility may be reasonably protected by a combination of tarps, canopies and mats.

History

Statutory/Other Authority: ORS 561.020, 561.190 & 619.046
Statutes/Other Implemented: ORS 561.020, 619.046 & ORS 603.085
DOA 10-2025, amend filed 05/12/2025, effective 05/12/2025
DOA 10-2012, f. & cert. ef. 5-15-12

Or. Admin. R. 603-028-0740 Records and Enforcement

(1) The rabbit or poultry business claiming a license exemption under OAR 603-028-0720 or 603-028-0730 shall maintain clear and understandable records that:

(a) Demonstrate the rabbit or poultry business raised the rabbit or poultry since it was two weeks of age or younger;

(b) Calculate the year-to-date cumulative total of each species and total quantity of rabbit or poultry slaughtered;

(d) Contain sales information including the:

(A) Location of sale;

(B) Species and quantity sold;

(D) Date of sale.

(e) Demonstrate adequate sanitation measures as required, to include:

(A) Daily establishment cleaning logs regarding all slaughter or processing dates;

(B) Equipment cleaning logs;

(D) Other records as required to demonstrate adequacy of sanitation measures taken to prevent adulteration.

(2) Records shall be maintained for two calendar years following the last dated activity recorded and shall be made available to the Department upon request within 5 business days.

(3) At the Department’s discretion, the Department may conduct an unscheduled inspection of an establishment and its records.

History

Statutory/Other Authority: ORS 561.190, 616.835 & 603.038
Statutes/Other Implemented: 603.038 & ORS 603.085
DOA 10-2025, amend filed 05/12/2025, effective 05/12/2025
DOA 10-2012, f. & cert. ef. 5-15-12

Or. Admin. R. 603-028-0810 Conditions of Transportation and Slaughter

(1) No carcass shall be transported in a mobile custom slaughter unit unless it is hung free from contact with the unit floor, and tagged as prescribed in OAR 603-028-0700.

(2) No carcass, other than a scalded and dehaired hog carcass, shall be dressed or transported in a mobile custom slaughter unit with the hide on.

(3) Meat by-products shall be transported in a mobile custom slaughter unit in clean and sanitary containers, of material approved by the Department, with secure coverings or lids.

(4) Inedible offal shall be transported in a mobile custom slaughter unit in clean and sanitary containers (barrels, tubs, etc.), of easily cleaned and durable rubber, plastic, or rust resistant metal materials, which shall be situated in a metal lined compartment separated from the area of the unit used for the slaughter operations. In lieu of the preceding, such offal may be transported in a clean, sanitary, covered watertight trailer of a design approved by the Department.

(5) No horse carcass, or parts thereof, shall be transported in a mobile custom slaughter unit.

(6) No slaughter of a meat animal in a mobile custom slaughter unit while other carcasses are hanging therein shall be performed unless the unit doors are closed or the area in which such carcasses are situated is separated from the area used for the slaughter operation.

History

Statutory/Other Authority: ORS 561.190, 603.085, 619.031 & 619.046
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
AD 1004(18-73), f. 12-5-73, ef. 12-25-73

Or. Admin. R. 603-028-0825 Construction and Equipment

(1) A custom processing establishment is subject to the requirements specified in OAR 603-025-0020, 603-025-0030 and 603-025-0150.

(2) These requirements are not in lieu or any requirements specified in the Federal Wholesome Meat Act and those contained in the CFR Title 9, Chapter 3, Part 308.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
AD 21-1990, f. & cert. ef. 11-27-90
AD 1004, f. 12-5-73, ef. 12-25-73

Or. Admin. R. 603-028-0845 Definitions

The following definitions shall apply to OAR 603-028-0845 to 603-028-0865:

(1) “Fit for human consumption” means game meat:

(a) That is from an animal killed by a weapon, the carcass of which is free of visible disease or parasite lesions; or

(b) That is from an animal killed by a collision with a motor vehicle, the carcass of which is free of excessive parasite lesions, visible disease and rigor mortis, and which has been bled and eviscerated immediately after being killed or has an internal temperature of 101 degrees F. or greater at the time of its inspection.

(2) “Game meat” means meat, as defined in ORS 619.010(14), of antelope, Bighorn sheep, deer, elk, moose or Mountain goat, but does not include domesticated elk as defined in OAR 603-28-0005(14).

(3) “Inspector” means an employee of the State Department of Fish and Wildlife, of the State Police, or of the State Department of Agriculture, who has been certified to examine game meat under OAR 603-028-0860(1), or a licensed veterinarian.

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
DOA 13-2002, f. & cert. ef. 4-11-02
AD 21-1990, f. & cert. ef. 11-27-90
AD 5-1984, f. & ef. 4-17-84

Or. Admin. R. 603-028-0850 Licensing Requirements for Game Meat Processing

(1) An establishment, not otherwise licensed under ORS 603.025(4)(b) or (d), that desires to process game meat to be used by the establishment or other charitable organization for human consumption under the provisions of 619.095(1), shall obtain and maintain a license to operate a custom processing establishment under 603.025(4)(d). In order to obtain and maintain such a license, the establishment shall be constructed, operated, maintained and equipped in accordance with OAR 603-028-0825.

(2) In order to assist the State Department of Fish and Wildlife and the State Police in carrying out their inspections as to the fitness of game meat for human consumption under ORS 619.095(1), and the designation of approved charitable organizations or public institutions by the State Department of Fish and Wildlife under ORS 619.095(2)(a), the Department shall furnish such state agencies with the names of the establishments licensed to process game meat, on a semi-annual basis.

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
DOA 12-2007, f. & cert. ef. 7-2-07
AD 21-1990, f. & cert. ef. 11-27-90
AD 5-1984, f. & ef. 4-17-84

Or. Admin. R. 603-028-0855 Labeling Requirements for Game Meat

(1) Upon inspection of game meat and a determination that it is fit for human consumption, the inspector shall firmly affix a copy of the official inspection tag prescribed by the Department (see Exhibit 1) to the animal carcass and each part therefrom.

(2) In lieu of the provisions of OAR 603-028-0700, a custom processing establishment that processes game meat, whether operated in conjunction with charitable organization or otherwise, shall label each individual package or each outside wrapper or container of game meat with the following:

(a) The terms “Game Meat” and “Not For Sale” in letters at least 3/8” in height;

(b) The name and address of the custom processing establishment;

(d) The identity of the package contents (e.g., ribs, roasts, etc.).

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561, 616 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
AD 21-1990, f. & cert. ef. 11-27-90
AD 5-1984, f. & ef. 4-17-84

Or. Admin. R. 603-028-0860 Game Meat Inspection Procedures

(1) In order to qualify to inspect game meat for the purpose of determining its fitness for human consumption, under the provisions of ORS 619.095, employees of the State Department of Fish and Wildlife and of the State Police shall be certified to have successfully completed one of the inspectional training courses conducted by the Department. The certification shall be valid for three years from issuance. The certification may be renewed by submitting an application therefore and attending an inspectional refresher course conducted by the Department.

(2) The inspection of game meat and the determination of its fitness for human consumption shall be carried out in accordance with the training provided by the Department, as applicable to the inspection of game meat, (in consideration of the differences between game meat animals and domestic meat animals), and may include but not be limited to a visual examination of the animal carcass and, if examined after processing of the carcass, of the muscle tissue, heart, lungs, liver, spleen, mesentery and lymph nodes for discoloration, bruises, abscesses or other evidence of disease, and for excessive parasite lesions.

History

Statutory/Other Authority: ORS 561 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
DOA 12-2007, f. & cert. ef. 7-2-07
AD 5-1984, f. & ef. 4-17-84

Or. Admin. R. 603-028-0865 Game Meat Inspection Reports

On or before the 10th day of each month, a copy of each completed official inspection tag for the prior month shall be submitted to the Department by the agencies employing inspectors.

History

Statutory/Other Authority: ORS 561 & 619
Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046
AD 5-1984, f. & ef. 4-17-84

Or. Admin. R. 603-028-0900 Purpose

History

Statutory/Other Authority: ORS 561.190, 603.995 & 619.996
Statutes/Other Implemented: ORS 603.995 & 619.996
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-028-0910 Definitions

As used in OAR 603-028-0920 through 603-028-0930, in addition to the definitions set forth in OAR 603-028-0005 and 603-028-0600, the following shall apply:

(1) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction.

(2) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur.

(3) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences.

(6) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation.

(7) "Violation" means the failure to comply with any requirement of ORS Chapter 603 or 619 or any rules adopted thereunder.

History

Statutory/Other Authority: ORS 561.190, 603.995 & 619.996
Statutes/Other Implemented: ORS 603.995 & 619.996
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-028-0920 Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190, 603.992, or 619.993 the Department may impose a civil penalty with respective amounts for:

(1) Selling, offering to sell, or exposing for sale meat products, or engaging in any activity described or identified in ORS 603.025(4) without first obtaining and maintaining a license from the Department. Penalty — $5,000 to $10,000.

(2) Failure to carry a surety bond meeting the requirements of ORS 603.025(3) with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. Penalties:

(a) Minor — $2,500 to $5,000;

(b) Moderate — $5,001 to $7,500; or

(3) Failure to display the license required in ORS 603.025 in a conspicuous manner at the address shown on the license. Penalty — $100.

(4) Buying or selling carcasses of meat animals, meat or meat products capable of use as human food that are not marked, tagged or otherwise identified as inspected meat or meat products as required by ORS Chapter 619. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(5) Failure to comply with the custom slaughtering establishment requirements as required in ORS 603.045(2) – (7) or the provisions of OAR 603-028-0700, 603-028-0810, or 603-028-0825. Penalties:

(a) Minor — $500 to $3,500;

(b) Moderate — $3,501 to $6,500; or

(6) The owner or occupier of premises where animals are slaughtered permitting the same to remain unclean, to the extent that it constitutes a health hazard as explained in ORS 603.059. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(7) Violation of the slaughter methods prescribed in ORS 603.065(1)-(2). Penalty — $5,000 to $10,000.

(8) Violation of the sanitation requirements of ORS 619.026. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(9) Interference with lawful inspections by the Department as authorized by ORS 619.036(1) and (3). Penalty — $5,000 to $10,000.

(10) Interference with the lawful seizure, embargo, or detention of any food commodity, or lawful quarantine any building, equipment, vehicle or facility found upon inspection or test to be in violation of ORS 619.026 to 619.066 or of any rule adopted under ORS 619.026 to 619.066. Penalty — $5,000 to $10,000.

(11) Unapproved removal of a Department posted notice, or continued use of an establishment or vehicle when condemned by the Department as authorized in ORS 619.041. Penalty — $5,000 to $10,000.

(12) Having in the person’s possession for any reason or purpose unwholesome meat or meat products that are not denatured and properly identified as explained in ORS 619.051(1). Penalty — $1,000 to $5,000.

(13) Carrying or transporting, by vehicle or otherwise, the carcass or meat of any meat animal destined for sale or distribution as food, that is not thoroughly protected from dust, dirt, flies or other contaminants as explained in ORS 619.051(2). Penalty — $1,000 to $5,000.

(14) Selling, holding or offering for sale any meat product if such meat product is from a meat animal not slaughtered under the auspices of the meat and poultry inspection program of the United States Department of Agriculture if federal regulations have been established for the inspection of the meat animal as explained in ORS 619.051(3). Penalty — $5,000 to $10,000.

(15) Failure to perform trichinae treatments as required in ORS 619.056. Penalties:

(a) $1,000 to $4,000;

(b) $4,001 to $7,000; or

(16) Any person operating a retail meat seller establishment, as defined in ORS Chapter 603, in conjunction with a custom slaughtering establishment or custom processing establishment failing to mark, tag or identify all individually wrapped packages or containers of meat or meat products slaughtered, wrapped, prepared or handled for the owner of a meat animal, at the time and in the manner deemed necessary by the Department as explained in ORS 619.061. Penalty — $500 to $5,000.

(17) Violation of the provisions of ORS 619.355, 619.360, 619.365, or 619.370, relating to fryers. Penalty — $500 to $5,000.

(18) Willful violation of ORS 619.421, relating to lamb. Penalty — $500 to $5,000.

(19) Violation of OAR 603-028-0300, relating to packaging, labeling, advertising, and display. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(20) Violation of OAR 603-028-0405, relating to additives in raw meat and raw meat products. Penalty — $500 to $5,000.

(21) Violation of OAR 603-028-0500, relating to prohibited acts. Penalty — $5,000 to $10,000.

History

Statutory/Other Authority: ORS 561.190, 603.995 & 619.996
Statutes/Other Implemented: ORS 603.995 & 619.996
DOA 2-2013, f. & cert. ef. 2-7-13

Or. Admin. R. 603-028-0930 Penalty factors; procedure

(1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 603.995 or 619.996, the Department shall consider the following factors, which are listed in prioritized order:

(a) The immediacy and extent to which the violation threatens the public health or safety;

(b) Any prior violations of statutes, rules or orders pertaining to meat or meat related activities.

(c) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.

(3) Repeat violations of OAR 603-028-0910 will be assessed as three times the penalty amount in OAR 603-028-0910, not to exceed $10,000.

History

Statutory/Other Authority: ORS 561.190, 603.995 & 619.996
Statutes/Other Implemented: ORS 603.995 & 619.996
DOA 2-2013, f. & cert. ef. 2-7-13

Division 29 STATE MEAT INSPECTION PROGRAM

Or. Admin. R. 603-029-0010 Definitions

The definitions set forth in ORS chapter 603, ORS chapter 616, ORS chapter 619, and OAR 603-028-0005 apply to these Division 29 rules. As used in these Division 29 rules, except as otherwise specified, the following terms shall have the meanings stated below:

(1) “Adulterated” means any carcass, part thereof, meat or meat product under one or more of the following circumstances:

(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance such food shall not be considered adulterated under this paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health.

(b) If it bears or contains any added poisonous or added deleterious substance, other than a pesticide chemical in or on a raw agricultural commodity and other than a food additive or color additive, which is unsafe within the meaning of ORS 616.245, or it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of ORS 616.341 or if it is, bears or contains any food additive which is declared unsafe by the State Department of Agriculture under ORS 616.350. However, when a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under ORS 616.341, and such raw agricultural commodity has been subjected to processing, such as canning, cooking, freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or on such processed food, notwithstanding ORS 616.341 and this section are not unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready-to-eat, is not greater than the tolerance prescribed for the raw agricultural commodity.

(c) If it consists in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or if it is otherwise unfit for food.

(d) If it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health.

(e) If it is, in whole or in part, the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse.

(f) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(g) If any valuable constituent has been in whole or in part omitted or abstracted therefrom;

(h) If any substance has been substituted wholly or in part therefor;

(i) If damage or inferiority has been concealed in any manner; or

(j) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.

(k) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to ORS 616.205(11);

(2) “Anesthesia” means Loss of sensation or feeling.

(3) “Animal food manufacturer” means “animal food slaughtering or processing establishment” as defined in ORS 619.010(2).

(4) “Article” means any part of a meat animal or any product prepared therefrom, in any form, state, or stage of preparation, that is intended or ordinarily used for human consumption.

(5) “Artificial coloring” means a coloring containing any dye or pigment, which dye or pigment was manufactured by a process of synthesis or other similar artifice, or a coloring which was manufactured by extracting a natural dye or natural pigment from a plant or other material in which such dye or pigment was naturally produced.

(6) “Artificial flavoring” means a flavoring containing any sapid or aromatic constituent, which constituent was manufactured by a process of synthesis or other similar artifice.

(7) “Biological residue” means any substance, including metabolites, remaining in livestock at time of slaughter or in any of its tissues after slaughter as the result of treatment or exposure of the livestock to a pesticide, organic or inorganic compound, hormone, hormone-like substance, growth promoter, antibiotic, anthelmintic, tranquilizer, or other therapeutic or prophylactic agent.

(8) “Byproduct” includes pork stomachs or snouts; beef, veal, lamb, or goat tripe; beef, veal, lamb, goat, or pork hearts, tongues, fat, lips, weasands, and spleens; and partially defatted pork fatty tissue, or partially defatted beef fatty tissue.

(9) “Captive bolt” means a stunning instrument which when activated drives a bolt out of a barrel for a limited distance.

(10) “Carbon dioxide” means a gaseous form of the chemical formula CO2.

(11) “Carbon dioxide concentration” means a ratio of carbon dioxide gas and atmospheric air.

(12) “Carcass” means all parts, including viscera, of any slaughtered meat animal.

(13) “Chemical preservative” means any chemical that, when added to a meat or meat product, tends to prevent or retard deterioration thereof, but does not include common salt, sugars, vinegars, spices, or oils extracted from spices or substances added to meat and meat products by exposure to wood smoke.

(14) “CIS establishment” means an establishment in a state other than Oregon that is inspected by employees of that state pursuant to the Cooperative Interstate Shipment program established in 21 USC § 683(b) and 9 CFR §321.3.

(15) “Color additive” has the meaning given in ORS 616.205(3).

(16) “Commerce” means commerce in the State of Oregon.

(17) “Consciousness” means responsiveness of the brain to the impressions made by the senses.

(18) “Cutting up” means any division of any carcass or part thereof, except that the trimming of carcasses or parts thereof to remove surface contaminants is not considered as cutting up.

(19) “Dead meat animal” means the body (cadaver) of a meat animal which has died otherwise than by slaughter.

(20) “Director” means the Director of the Oregon Department of Agriculture or the Director’s delegate.

(21) “Dying, Diseased, or Disabled Meat Animal” means a meat animal which has or displays symptoms of having any of the following:

(a) Central nervous system disorder;

(b) Abnormal temperature (high or low);

(d) Abnormal swellings;

(e) Lack of musculature coordination;

(f) Inability to walk normally or stand;

(g) Any of the conditions for which meat animals are required to be condemned on ante-mortem inspection in accordance with the regulations in OAR 603-029-0300 to 603-029-0395.

(22) “Edible” means intended for use as human food.

(23) “Experimental animal” means any animal used in any research investigation involving the feeding or other administration of, or subjection to, an experimental biological product, drug, or chemical or any nonexperimental biological product, drug, or chemical used in a manner for which it was not intended.

(24) “Exposure time” means the period of time an animal is exposed to an anesthesia-producing carbon dioxide concentration.

(25) “Federal Food, Drug, and Cosmetic Act” means 21 USC §§ 301 – 399i.

(26) “Firm” means any partnership, association, or other unincorporated business organization.

(27) “Food additive” has the meaning given in 21 USC § 321(s).

(28) “FSIS” means the Food Safety and Inspection Service of the U.S. Department of Agriculture.

(29) “Further processing” means smoking, cooking, canning, curing, refining, or rendering in a state-inspected establishment of product previously prepared in official federal establishments.

(30) “Immediate container” means the receptacle or other covering in which any product is directly contained or wholly or partially enclosed.

(31) “Inedible” means adulterated, uninspected, or not intended for use as human food.

(32) “Inspected and passed” or “Oregon Inspected and Passed” or “Oregon Inspected and Passed by Department of Agriculture” (or any authorized abbreviation thereof) means that the product so identified has been inspected and passed under these Division 29 rules, and at the time it was inspected, passed, and identified, it was found to be not adulterated.

(33) “Inspector” means a Department employee, including but not limited to a supervisor, who has been trained to inspect meat animals and meat products at a state-inspected establishment.

(34) “Meat broker” means any person, firm, or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm, or corporation.

(35) “Misbranded” means any carcass, part thereof, meat or meat product under one or more of the following circumstances:

(a) If its labeling is false or misleading in any particular, or fails to conform to ORS 616.325.

(b) If it is offered for sale under the name of another food.

(c) If it is an imitation of another food, unless its label bears in type of uniform size and prominence the word “imitation” and, immediately thereafter, the name of the food imitated.

(d) If its container is so made, formed or filled as to be misleading.

(e) If in package form:

(A) Unless it bears a label containing:

(i) The name and place of business of the manufacturer, packer or distributor; and

(ii) An accurate statement of the net quantity of the contents in terms of weight, measure, volume or numerical count. The statement shall be separately and accurately stated upon the principal display panel of the label.

(B) The same reasonable variations allowed in ORS chapter 618 shall be permitted.

(f) If any word, statement or other information required by or under authority of ORS 616.205 to 616.295 to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(g) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by rule as provided by ORS 616.230, unless it conforms to such definition and standard and its label bears the name of the food specified in the definition and standard, and, in so far as may be required by such rule, the common names of optional ingredients, other than spices, flavoring and coloring present in such food.

(h) If it purports to be or is represented as a food for which a standard of quality has been prescribed by rule as provided by ORS 616.230 and its quality falls below the standards such rule specifies, a statement that it falls below such standard.

(i) If it is a food for which a standard or standards of fill of container have been prescribed by rule as provided by ORS 616.230, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such rule specifies, a statement that it falls below such standard.

(j) If it is not subject to the provisions of subsection (7) of this section, unless its label bears:

(A) The common or usual name of the food, if any there be; and

(B) In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient. However, spices, flavorings and colorings, other than those sold as such, may be designated as spices, flavorings and colorings, without naming them. To the extent that compliance with the requirements of paragraph (b) of this subsection is impractical or results in deception or unfair competition, exemptions shall be established by rule promulgated by the department.

(k) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the department determines to be, and by rule prescribed as, necessary in order to fully inform purchasers as to its value for such uses.

(l) If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subsection is impracticable, exemptions shall be established by rule promulgated by the department. This subsection and subsections (7) and (10) of this section with respect to artificial coloring do not prohibit the use of harmless coloring matter in butter, cheese or ice cream. The provisions of this subsection with respect to chemical preservatives do not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the product of the soil.

(m) If it is a raw agricultural commodity which is the product of the soil, bearing or containing a pesticide chemical applied after harvest, unless the shipping container of such commodity bears labeling which declares the presence of such chemical in or on such commodity and the common or usual name and the function of such chemical. However, no such declaration is required while such commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of such container in accordance with the custom of the trade.

(n) If following the labeled directions or instructions on the product in using it as a food ingredient will result in the final food being adulterated or misbranded.

(o) If it is a color additive, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal Act.

(p) If it has been salvaged, unless it bears labeling or notification stating that fact. For the purposes of this subsection, “salvaged” means the reconditioning, repacking, relabeling, cleaning or culling of foods that have been damaged or adulterated as a result of fire, storm, flood, water, smoke, chemicals, radiation or commercial transit accident.

(q) if it fails to bear, directly thereon or on its container, as the Director may by rules prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the Director may require in such rules to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.

(36) “Nonamenable species” means any species of meat animal except for cattle, sheep, swine, goats, or poultry.

(37) “Nonfood compound” means any substance proposed for use in state-inspected establishments, the intended use of which will not result, directly or indirectly, in the substance becoming a component or otherwise affecting the characteristics of meat food and meat products, excluding labeling and packaging materials as covered in OAR 603-029-1000 to 603-029-1058.

(38) “Official certificate” means any certificate prescribed by rules of the Department for issuance by an inspector or other person performing official functions under these Division 29 rules.

(39) “Official federal establishment” means an establishment that is continuously inspected by FSIS pursuant to the Federal Meat Inspection Act.

(40) “Official federal inspection legend” means any symbol prescribed by 9 CFR Part 312 showing that an article was inspected and passed by FSIS in accordance with the Act.

(41) “Official federal mark” means any official federal inspection legend or other symbol that is prescribed by 9 CFR Part 312 to identify the status of any article or animal.

(42) “Official mark” means an official federal mark or an Oregon mark.

(43) “Oregon Condemned” means that the livestock so identified has been inspected and found to be in a dying condition, or to be affected with any other condition or disease that would require condemnation of its carcass.

(44) “Oregon Detained” means that the carcass, viscera, other part of carcass, or other product, or article so identified is held pending disposal.

(45) “Oregon device” means any device prescribed or authorized by the Department for use in applying any Oregon mark.

(46) “Oregon Inspected and Condemned” (or any authorized abbreviation thereof) means that the carcass, viscera, other part of carcass, or other product so identified has been inspected, found to be adulterated, and condemned under these Division 29 rules.

(47) “Oregon inspection legend” means any symbol prescribed by these Division 29 rules showing that an article was inspected and passed in accordance with these Division 29 rules.

(48) “Oregon mark” means the Oregon inspection legend or any other symbol prescribed by these Division 29 rules to identify the status of any article or animal.

(49) “Oregon Passed for Cooking” means that the meat or meat byproduct so identified has been inspected and passed on condition that it be cooked or rendered as prescribed by the regulations in OAR 603-029-0880 to 603-029-0890.

(50) “Oregon Passed for Refrigeration” means that the meat or meat byproduct so identified has been inspected and passed on condition that it be refrigerated or otherwise handled as prescribed by the regulations in OAR 603-029-0500 to 603-029-0574.

(51) “Oregon Retained” means that the carcass, viscera, other part of carcass, or other product, or article so identified is held for further examination by an inspector to determine its disposal.

(52) “Oregon Suspect” means that the livestock so identified is suspected of being affected with a disease or condition which may require its condemnation, in whole or in part, when slaughtered, and is subject to further examination by an inspector to determine its disposal.

(53) “Packaging material” means any cloth, paper, plastic, metal, or other material used to form a container, wrapper, label, or cover for meat or meat products.

(54) “Pesticide chemical” has the meaning given in 21 USC § 321(q)(1).

(55) “Potable water” has the meaning given in OAR 333-061-0020(115).

(56) “Prepared” has the meaning given that term in ORS 619.010.

(57) “Primal part” means, for beef, chuck, rib, loin, round, flank, short plate, brisket, and shank; for pork, shoulder, loin, leg, and side; for sheep or lamb, shoulder, breast, rib, loin, and leg; and for goats, the leg, flank, loin, rack, breast, and shoulder.

(58) “Process authority” means a person or organization with expert knowledge in meat production process control and relevant regulations. This definition does not apply to OAR 603-029-2600 to 603-029-2655.

(59) “Process schedule” means a written description of processing procedures, consisting of any number of specific, sequential operations directly under the control of the establishment employed in the manufacture of a specific product, including the control, monitoring, verification, validation, and corrective action activities associated with production. This definition does not apply to OAR 603-029-2600 to 603-029-2655.

(60) “Product” means any carcass, meat, meat byproduct, or meat food product, capable of use as human food.

(61) “Raw agricultural commodity” has the meaning given in ORS 616.205(19).

(62) “Ready-to-cook (RTC) pork product” means any slaughtered pork product sufficiently free from bile, hair, scurf, dirt, hooves, toenails, claws, bruises, edema, scabs, skin lesions, icterus, foreign material, and odor, which is suitable for cooking without need of further processing.

(63) “Regulatory control action” means the retention of meat or meat products, rejection of equipment or facilities, slowing or stopping of lines, or refusal to allow the processing of specifically identified meat or meat product.

(64) “Renderer” means any person, firm, or corporation engaged in the business of rendering carcasses or parts or products of the carcasses, of meat animals, except rendering conducted under inspection or exemption under these Division 29 rules.

(65) “Serviceperson” has the meaning given in OAR 603-027-0670(5).

(66) “Service agency” has the meaning given in OAR 603-027-0670(4).

(67) “Shipping container” means the outside container (box, bag, barrel, crate, or other receptacle or covering) containing or wholly or partly enclosing any product packed in one or more immediate containers.

(68) “State-inspected establishment” means any establishment inspected by the Oregon Department of Agriculture pursuant to these Division 29 rules.

(69) “Supervision” means the controls, as prescribed in instructions to Department employees, to be exercised by them over particular operations to ensure that such operations are conducted in compliance with these Division 29 rules.

(70) “Supervisor” means a Food Safety Program Manager, Veterinary Medical Officer, or Meat Program Lead employed by the Department.

(71) “Surgical anesthesia” means a state of unconsciousness measured in conformity with accepted surgical practices.

(72) “Suspension” means an interruption in the assignment of Department employees to all or part of an establishment.

(73) “The Act” means the Federal Meat Inspection Act, as amended, (34 Stat. 1260, as amended, 81 Stat. 584, 84 Stat. 438, 92 Stat. 1069, 21 U.S.C., sec. 601 et seq.).

(74) “Veterinary Medical Officer” means the State Veterinarian or any other veterinarian employed by the Department who has undergone FSIS supervisory public health veterinary training.

(75) “Withholding action” means the refusal to allow the marks of inspection to be applied to meat or meat products. A withholding action may affect all meat product in the establishment or meat product produced by a particular process.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0015 Scope

The following types of establishments are subject to these Division 29 rules if they are inspected by the Oregon Department of Agriculture pursuant to a program of state meat inspection authorized by ORS chapter 603, and ORS chapter 619 that imposes requirements that are at least equal to those imposed under the Federal Meat Inspection Act (21 U.S.C. §§ 601 – 695) and the Humane Methods of Slaughter Act (7 U.S.C. §§ 1901 – 1907):

(1) Slaughterhouse, as defined in ORS 603.010(12) and ORS 603.025(4)(c);

(2) Meat seller, as defined in ORS 603.010(8) and ORS 603.025(4)(a); and

(3) Non-slaughtering processor, as defined in ORS 603.010(9) and ORS 603.025(4)(b).

History

Statutory/Other Authority: ORS 603.085, ORS 619.046 & OL 2020, Ch. 6
Statutes/Other Implemented: ORS 603.085, ORS 619.046 & ORS 619.042
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0020 Exemptions

(1) The rules in this Division 29 do not apply to:

(a) The slaughtering by any individual of meat animals of his own raising, and the preparation by him and transportation in commerce of the carcasses, parts thereof, meat and meat products of such meat animals exclusively for use by him and members of his household and his nonpaying guests and employees;

(b) Custom slaughter or custom processing, provided that the following requirements are met:

(A) If custom slaughter or custom processing are conducted in a state-inspected establishment, all of the provisions of OAR 603-029-2100 to 603-029-2175 of shall apply to that custom slaughter or custom processing;

(B) If a custom slaughtering establishment or custom processing establishment prepares or handles any products for sale, they must be kept separate and apart from the custom products at all times while the latter are in the establishment’s custody;

(C) If custom slaughter or custom processing is conducted in a state-inspected establishment, all facilities and equipment in the state-inspected establishment used for such custom slaughter or custom processing shall be thoroughly cleaned and sanitized before they are used for preparing any products for sale; and

(D) The exempted custom products shall be prepared and handled in accordance with OAR chapter 603, division 28.

(c) Custom slaughtering establishments and custom processing establishments claiming exemption under section (1)(b) of this rule shall keep records, in addition to records otherwise required by OAR 603-029-1300 to 603-029-1330, showing the numbers and kinds of meat animals slaughtered on a custom basis, the quantities and types of products prepared on a custom basis, and the names and addresses of the owners of the meat animals and products.

(d) Articles capable of use as human food, resulting from exempted custom slaughter or exempted custom processing, shall be promptly denatured or otherwise identified in accordance with OAR 603-029-1440 and not removed from the establishment where the custom operations are conducted until so identified, unless they are delivered to the owner of the articles for use in accordance with subsection (1)(b) of this rule.

(2)(a) The requirements of ORS 619 and this Division 29 for inspection of the preparation of products do not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities, or service of such articles to consumers at such establishments.

(b) For purposes of subsection (2)(a) of this rule:

(A) Operations of types traditionally and usually conducted at retail stores are the following:

(i) Cutting up, slicing, and trimming carcasses, halves, quarters, or wholesale cuts into retail cuts such as steaks, chops, and roasts, and freezing such cuts;

(ii) Grinding and freezing products made from meat;

(iii) Curing, cooking, smoking, rendering or refining of meat animal fat, or other preparation of products, except slaughtering or the retort processing of canned products;

(iv) Breaking bulk shipments of products;

(v) Wrapping or rewrapping products.

(B) Any quantity or product purchased by a consumer from a particular retail supplier shall be deemed to be a normal retail quantity if the quantity so purchased does not in the aggregate exceed one-half carcass. The following amounts of product will be accepted as representing one-half carcass of the species identified:

(i) Cattle 300 pounds

(ii) Calves 37.5 pounds

(iii) Sheep 27.5 pounds

(iv) Swine 100 pounds

(v) Goats 25 pounds

(i) The sales of product are made to consumers only;

(ii) At least 75 percent, in terms of dollar value, of total sales of product represents sales to household consumers and the total dollar value of sales of product to consumers other than household consumers does not exceed $84,900.

(iii) Only federally or State inspected and passed product is handled or used in the preparation of any product, except that product resulting from the custom slaughter or custom preparation of product may be handled or used in accordance with subsection (1)(b) and section (2) of this rule but not for sale;

(iv) No sale of product is made in excess of a normal retail quantity as defined in paragraph (2)(b)(B) of this rule;

(v) The preparation of products for sale to household consumers is limited to traditional and usual operations as defined in paragraph (2)(b)(A) of this rule; and

(vi) The preparation of products for sale to other than household consumers is limited to traditional and usual operations as defined in subparagraphs (2)(b)(A) (i), (ii), (iv), and (v) of this rule. (A retail store at which custom slaughtering or preparation of products is conducted is not thereby disqualified from exemption as a retail store under this section (2).)

(D) Restaurants.

(i) A restaurant is any establishment where:

(I) Product is prepared only for sale or service in meals or as entrees directly to individual consumers at such establishments;

(II) Only federally or State inspected and passed product or such product prepared at a retail store exempted under paragraph (2)(b)(C) of this rule is handled or used in the preparation of any product;

(III) No sale of product is made in excess of a normal retail quantity as defined in paragraph (2)(b)(B) of this rule; and

(IV) The preparation of product is limited to traditional and usual operations as defined in paragraph (2)(b)(A) of this rule.

(ii) The definition of a restaurant includes a caterer which delivers or serves product in meals, or as entrees, only to individual consumers and otherwise meets the requirements of this paragraph.

(iii) For purposes of this paragraph, operations conducted at a restaurant central kitchen facility shall be considered as being conducted at a restaurant if the restaurant central kitchen prepares meat or meat food products that are ready to eat when they leave such facility (i.e., no further cooking or other preparation is needed, except that they may be reheated prior to serving if chilled during transportation), transported directly to a receiving restaurant by its own employees, without intervening transfer or storage, maintained in a safe, unadulterated condition during transportation, and served in meals or as entrees only to customers at restaurants, or through vending machines, owned or operated by the same person that owns or operates such facility, and which otherwise meets the requirements of this paragraph: Provided, That the requirements of OAR 603-029-1300 to 603-029-1315 apply to such facility. Provided further, That the exempted facility may be subject to inspection requirements under Division 29 for as long as the Department deems necessary, if the Department determines that the sanitary conditions or practices of the facility or the processing procedures or methods at the facility are such that any of its meat or meat products are rendered adulterated. When the Department has made such determination and subjected a restaurant central kitchen facility to such inspection requirements, the operator of such facility shall be afforded an opportunity to dispute the Department’s determination in a hearing pursuant to rules of practice which will be adopted for this proceeding.

(E) Similar retail-type establishment: Any establishment which is a combination retail store and restaurant, and is regulated by the Department pursuant to the Memorandum of Understanding between the Department and the Oregon Health Authority; or other establishment as determined by the Department in specific cases.

(F) Consumer: Any household consumer, hotel, restaurant, or similar institution as determined by the Department in specific cases.

(c) Whenever any complaint is received by the Department from any person alleging that any retail store claiming exemption under this section (2) has been operated in violation of the conditions prescribed in OAR 603-029-0020 for exemption, and the Department, upon investigation of the complaint, has reason to believe that any such violation has occurred, it shall so notify the operator of the retail store and afford it reasonable opportunity to present its views informally with respect to the matter. Thereafter, if the Department still has reason to believe that such a violation has occurred, and that a requirement that the operator keep records concerning the operations of the retail store would effectuate the purposes of ORS chapter 603 and these Division 29 rules, the Department shall order the operator to maintain complete, accurate, and legible records of total monthly purchases and of total monthly sales of meat, meat byproducts, and meat products, in terms of dollar values of the products involved. Such records shall separately show total sales to household consumers and total sales to other consumers and shall be maintained for the period prescribed in OAR 603-029-1310. If the operator maintains copies of bills of lading, receiving and shipping invoices, warehouse receipts, or similar documents which give the information required herein, additional records are not required by this subsection.

(4)(a) The Division 29 rules pertaining to inspection of the preparation of products do not apply to meat pizzas containing meat product ingredients which were prepared, inspected, and passed in a cured or cooked form as ready-to-eat (i.e., no further cooking or other preparation is needed) in compliance with the requirements of these Division 29 rules, if the meat pizzas are to be served in public institutions or private nonprofit institutions, provided that the meat pizzas are ready-to-eat (i.e., no further cooking or other preparation is needed, except that they may be reheated prior to serving if chilled during transportation), transported directly to the receiving institution by employees of the preparing firm, receiving institution, or a food service management company contracted to conduct food service at the public or private nonprofit institution, without intervening transfer or storage. The rules in OAR chapter 603, division 25, apply to any such institutions that are under the Department’s jurisdiction.

(b) For purposes of this subsection, the term “private nonprofit institution” means “a corporation, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.”

(c)(A) The Department may withdraw or modify the exemption set forth in OAR 603-029-0020(4)(a) for a particular establishment when it determines that such action is necessary to ensure food safety and public health. Before such action is taken, the establishment shall be notified, in writing, of the reasons for the proposed action and shall be given an opportunity to respond, in writing, to the Department within 20 days after notification of the proposed action. The written notification shall be served on the owner or operator of the establishment either personally or by registered or certified mail.

(B) If the establishment does not respond to the written notification regarding the withdrawal or modification of the exemption, or if the Department is not satisfied with the establishment’s response, the Department may issue a written Notice of Withdrawal or Modification of Exemption to the establishment. The Notice of Withdrawal or Modification of Exemption shall:

(i) State the effective date of the action(s);

(ii) Describe the reasons for the action(s);

(iii) Identify the products or processes affected by the action(s);

(iv) Advise the establishment that it may challenge the action by requesting that a supervisor review the propriety of the action; and

(v) Comply with the requirements of ORS 183.415.

(C) The establishment may file a written request for a hearing with the Department within 20 days of issuance of the Notice of Withdrawal or Modification of Exemption. If the establishment timely requests a hearing, such hearing will be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3.

(D) If the Department determines that the condition prompting the Notice of Withdrawal or Modification of Exemption poses a serious danger to the public health or safety, the Department may make the Notice of Withdrawal or Modification of Exemption effective immediately. In such circumstances, OAR 137-003-0560 is applicable.

(5) The adulteration and misbranding provisions of these Division 29 rules, other than the requirement of the official inspection legend, apply to articles which are exempted from inspection or not required to be inspected under this rule.

(6) The Department may in specific classes of cases waive for limited periods any provisions of these Division 29 rules in order to permit appropriate and necessary action in the event of a public health emergency or to permit experimentation so that new procedures, equipment, and/or processing techniques may be tested to facilitate definite improvements: Provided, That such waivers of the provisions of such rules are not in conflict with the purposes or provisions of ORS chapter 619.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0100 Application for Inspection

(1) Each establishment that wishes to be inspected by the Department under Division 29 shall make application therefor to the Department as provided for in OAR 603-029-0100 through 603-029-0115.

(2) Every application for such inspection shall be made on an official form furnished by the Department and shall be completed to include all information requested. Trade names of the applicant for labeling purposes, shall be inserted in the appropriate blank in the application. Each applicant for inspection will be held responsible for compliance with the applicable Division 29 rules if inspection is granted. Preparation of product and other operations at the establishment for which inspection is granted may be conducted only by the applicant named in the application.

(3) In cases of change of ownership or location, a new application shall be made.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0105 Information to be Furnished; Grant or Refusal of Inspection

(1) The Department shall give notice in writing to each applicant granted inspection and shall specify in the notice the establishment, including the limits of the establishment's premises, to which the grant pertains.

(2) The Department is authorized to grant inspection upon the determination that the applicant and the establishment are eligible therefor and to refuse to grant inspection at any establishment if it determines that it does not meet the requirements of OAR 603-029-0100 through 603-029-0115 or that the applicant has not received approval of labeling and containers to be used at the establishment as required by the regulations in OAR 603-029-0900 to 603-029-1058. Any application for inspection may be refused in accordance with OAR 603-029-1555.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0110 Conditions for Receiving Inspection

(1) Before being granted inspection, an establishment must have developed written Sanitation Standard Operating Procedures, as required by OAR 603-029-2100 to 603-029-2175, and written recall procedures as required by OAR 603-029-2300 to 603-029-2310.

(2) Before being granted inspection, an establishment shall have conducted a hazard analysis and developed and validated a HACCP plan, as required by OAR 603-029-2205 to 603-029-2215. A conditional grant of inspection shall be issued for a period not to exceed 90 days, during which period the establishment must validate its HACCP plan.

(3) Before producing new product for distribution in commerce, an establishment shall have conducted a hazard analysis and developed a HACCP plan applicable to that product in accordance with OAR 603-029-2205. During a period not to exceed 90 days after the date the new product is produced for distribution in commerce, the establishment shall validate its HACCP plan, in accordance with OAR 603-029-2215.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0115 Refusal to Grant Inspection

(1) The Department may issue a Notice of Refusal to Grant Inspection because:

(a) An establishment does not have a HACCP plan as required by OAR 603-029-1000 to 603-029-1058;

(b) An establishment does not have Sanitation Standard Operating Procedures as required by OAR 603-029-2100 to 603-029-2175;

(c) An establishment has not demonstrated that adequate sanitary conditions exist in the establishment as required OAR 603-029-2100 to 603-029-2175;

(d) An establishment has not demonstrated that livestock will be handled and slaughtered humanely; or

(e) An establishment, or anyone responsibly connected with the establishment, has been convicted, in any federal or state court, of:

(A) Any felony, or

(B) More than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. A person shall be deemed to be responsibly connected with an establishment if the person was a partner, officer, director, holder, or owner of 10 percent or more of its voting stock or was an employee in a managerial or executive capacity.

(2) If the Department issues a Notice of Refusal to Grant Inspection, the establishment may file a written request for a hearing with the Department within 20 days of issuance of the Notice of Refusal to Grant Inspection. If the establishment timely requests a hearing, such hearing shall be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0140 Official Numbers; Subsidiaries and Tenants

(1) An official number shall be assigned to each establishment granted inspection pursuant to these Division 29 rules. Such number shall be used to identify all inspected and passed products prepared in the state-inspected establishment. More than one number shall not be assigned to a state-inspected establishment.

(2) Two or more state-inspected establishments under the same ownership or control may be granted the same official number, provided a serial letter is added in each case to identify each establishment and the products thereof.

(3) When inspection has been granted to any applicant at an establishment, it shall not be granted to any other person at the same establishment. However, persons operating as separate entities in the same building or structure may operate separate establishments therein only under their own grant of inspection. All such persons operating separate establishments in the same building or structure shall be responsible for compliance with these Division 29 rules in their own establishments, which shall include common areas, e.g., hallways, stairways, and elevators.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0145 Separation of State-Inspected Establishments

(1) Each state-inspected establishment shall be separate and distinct from any establishment that is not state-inspected pursuant to these Division 29 rules.

(2) Inspection shall not be inaugurated in any building, any part of which is used as living quarters, unless the part for which inspection is requested is separated from such quarters by floors, walls, and ceilings of solid concrete, brick, wood, or similar material, and the floors, walls, and ceilings are without openings that directly or indirectly communicate with any part of the building used as living quarters.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0150 Sanitation and Adequate Facilities

Inspection shall not be inaugurated if an establishment is not in a sanitary condition nor unless the establishment agrees to maintain a sanitary condition and provides adequate facilities for conducting such inspection.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0155 Inauguration of Inspection

When inspection is granted, the Department shall, at or prior to the inauguration of inspection, inform the operator of the establishment of the requirements of this Division 29. If the establishment, at the time inspection is inaugurated, contains any product which has not theretofore been inspected, passed, and marked in compliance with this Division 29, the identity of the same shall be maintained, and it shall not be distributed in commerce, or otherwise subject to the requirements of such regulations, or dealt with as inspected and passed under the regulations. The establishment shall adopt and enforce all necessary measures and shall comply with all such directions as the Department may prescribe, for carrying out the purposes of this rule

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0160 Reports of Violations

Department employees shall report, in a manner prescribed by the Department, all violations of ORS chapter 619 or these Division 29 rules regarding which they have information.

History

Statutory/Other Authority: ORS 603.015, ORS 619.021 & ORS 619.042
Statutes/Other Implemented: ORS 603.015, ORS 619.021 & ORS 619.042
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0200 Facilities for Department Employees

Office space, including necessary furnishings, light, heat, and janitor service, shall be provided by state-inspected establishments, rent free, for the exclusive use for official purposes of the inspector and other Department employees assigned thereto. The space set aside for this purpose shall meet with approval of a supervisor and shall be conveniently located, properly ventilated and provided with lockers suitable for the protection and storage of Department supplies and with facilities suitable for Department employees to change clothing if such clothes changing facilities are deemed necessary by the Department. At the discretion of the Department, small state-inspected establishments requiring the services of less than one full time inspector need not furnish facilities for Department employees as prescribed in this section, where adequate facilities exist in a nearby convenient location.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0205 Other Facilities and Conditions to be Provided by the State-Inspected Establishment

When required by the Department, the following facilities and conditions, and such others as may be found to be essential to efficient conduct of inspection and maintenance of sanitary conditions, shall be provided by each state-inspected establishment:

(1) Satisfactory pens, equipment, and assistants for conducting ante-mortem inspection and for separating, marking and holding apart from passed meat animals those marked “Oregon suspect” and those marked “Oregon condemned” (pens, alleys, and runways shall be paved, drained, and supplied with adequate hose connections for cleanup purposes);

(2) Sufficient light to be adequate for proper conduct of inspection;

(3) Racks, receptacles, or other suitable devices for retaining such parts as the head, tongue, tail, thymus gland, and viscera, and all parts and blood to be used in the preparation of meat or meat products or medical products, until after the post-mortem examination is completed, in order that they may be identified in case of condemnation of the carcass; equipment, trucks, and receptacles for the handling of viscera of slaughtered meat animals so as to prevent contact with the floor; and trucks, racks, marked receptacles, tables, and other necessary equipment for the separate and sanitary handling of carcasses or parts passed for cooking;

(4) Tables, benches, and other equipment on which inspection is to be performed, of such design, material, and construction as to enable Department employees to conduct their inspection in a ready, efficient and clean manner;

(5) Watertight metal trucks or receptacles for holding and handling diseased carcasses and parts, so constructed as to be readily cleaned; such trucks or receptacles to be marked in a conspicuous manner with the phrase “Oregon condemned” in letters not less than 2 inches high, and, when required by a supervisor, to be equipped with facilities for locking or sealing;

(6) Adequate arrangements, including liquid soap and cleansers, for cleansing and disinfecting hands, for sterilizing all implements used in dressing diseased carcasses, floors, and such other articles and places as may be contaminated by diseased carcasses or otherwise;

(7) In state-inspected establishments in which slaughtering is done, rooms, compartments, or specially prepared open places, to be known as “final inspection places,” at which the final inspection of retained carcasses may be conducted (competent assistants for handling retained carcasses and parts shall be provided by the state-inspected establishment; final inspection places shall be adequate in size and their rail arrangement and other equipment shall be sufficient to prevent carcasses and parts passed for food or cooking from being contaminated by contact with condemned carcasses or parts; they shall be equipped with hot water, lavatory, sterilizer, tables, and other equipment required for ready, efficient, and sanitary conduct of the inspection; the floors shall be of such construction as to facilitate the maintenance of sanitary conditions and shall have proper drainage connections, and when the final inspection place is part of a larger floor, it shall be separated from the rest of the floor by a curb, railing, or otherwise);

(8) Retention rooms, cages, or other compartments, and receptacles in which carcasses and product may be held for further inspection (these shall be in such number and in such locations as the needs of the inspection in the state-inspected establishment may require; they shall be equipped for secure locking or sealing and shall be held under locks or Oregon seals furnished by the Department; the keys of such locks shall not leave the custody of Department employees. Every such room, compartment, or receptacle shall be marked conspicuously with the phrase “Oregon retained” in letters not less than 2 inches high; rooms or compartments for these purposes shall be secure and susceptible of being kept clean, including a sanitary disposal of the floor liquids; establishment employees shall not enter any retention rooms or compartments or open any retention receptacles unless authorized by Department employees);

(9) Adequate facilities, including denaturing materials, for the proper disposal of condemned articles in accordance with the regulations in this Division 29 (tanks or other rendering equipment which, under the regulations in this Division 29, must be sealed, shall be properly equipped for sealing as specified by the regulations in OAR 603-029-0800 to 603-029-0850 or by a supervisor in specific cases);

(10) Docks and receiving rooms, to be designated by the operator of the state-inspected establishment, with a supervisor, for the receipt and inspection of all products as provided in OAR 603-029-1110

(11) Suitable lockers in which brands bearing the Oregon inspection legend and other Oregon devices (excluding labels) and official certificates shall be kept when not in use (all such lockers shall be equipped for sealing or locking with locks or seals to be supplied by the Department; the keys of such locks shall not leave the custody of Department employees);

(12) Sanitary facilities and accommodations as prescribed by OAR 603-029-2010(3) to (6), and (8).

(13) In addition to any facilities required to accomplish sanitary dressing procedures, the following inspection station facilities for cattle and swine slaughter lines described in OAR 603-029-0401(2) are required:

(a) An inspection station consisting of 5 feet of unobstructed line space for each head or carcass inspector and, for viscera table kills, 8 feet for each viscera inspector on the inspector's side of the table.

(b) A minimum of 50-foot candles of shadow-free lighting at the inspection surfaces of the head, viscera, and carcass.

(c) A handwash lavatory (other than one which is hand operated), furnished with soap, towels, and hot and cold water, and located adjacent to the inspector's work area. In addition, for each head and viscera inspector on cattle slaughter lines, and each head inspector on swine slaughter lines, a sterilizer located adjacent to the inspector's work area.

(d) For mechanized operations, a line control switch located adjacent to each inspection station.

(e) Facilities to position tally sheets or other recording devices, such as digital counters, and facilities to contain condemned brands.

(f) For swine slaughter lines requiring three or more inspectors, and for those one- and two-inspector configurations where the establishment installs a mirror: At the carcass inspection station one glass or plastic, distortion-free mirror, at least 5 feet × 5 feet, mounted far enough away from the vertical axis of the moving line to allow the carcass to be turned, but not over 3 feet away, and so mounted that any inspector standing at the carcass inspection station can readily view the back of the carcass.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0215 Inspectors to Maintain Sanitary Conditions

Inspectors shall maintain garments and implements in sanitary condition as prescribed by OAR 603-029-2110(1).

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0225 Overtime Charges and Holiday Inspection Service

(1) For all services performed during the following times (which will be considered overtime), the State-inspected establishment shall be charged at a rate that is 150% of the base rate established in OAR 603-029-0220 for all time involved. Overtime charges shall be figured to the nearest one-half hour:

(a) Times between 6 pm and 7 am Monday through Friday of each week;

(b) After eight hours per facility visit;

(d) At any time on any day which is declared by law to be a holiday for state employees.

(2) Overtime Service Charge: The minimum overtime service charge for Saturdays, Sundays and other legal holidays shall be four hours.

(3) Charges may also be made to cover other expenses incurred by the department in connection with the furnishing of the service.

(4) No Service Days: No service will be given on Thanksgiving, Christmas, or New Year’s Day.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0230 Schedule of Operations

(1) No operations requiring inspection shall be conducted except under the supervision of a Department employee. All slaughtering of animals and preparation of products shall be done with reasonable speed, considering the state-inspected establishment’s facilities.

(2) A shift is a regularly scheduled operating period, exclusive of mealtime. One lunch period is the only official authorized interruption in the inspector’s tour of duty once it begins. Lunch periods may be 30 minutes, 45 minutes, or in any case may not exceed one hour in duration. Once established, the lunch period must remain relatively constant as to time and duration. Lunch periods for inspectors shall not, except as provided herein, occur prior to 4 hours after the beginning of scheduled operations nor later than 5 hours after operations begin. In plants where a company rest break of not less than 30 minutes is regularly observed, approximately midpoint between start of work and the lunch period, and the inspector is allowed this time to meet his personal needs, the lunch period may be scheduled as long as 5 ½ hours after the beginning of scheduled operations.

(3) State-inspected establishments shall be provided inspection service, without charge, up to 8 consecutive hours per shift during the basic workweek subject to the provisions of OAR 603-029-0225:

(a) Provided , that any additional shifts meet requirements as determined by the Director or their designee.

(b) The basic workweek shall consist of 5 consecutive 8-hour days within the administrative workweek Monday through Sunday, except that, when possible, the Department shall schedule the basic workweek so as to consist of 5 consecutive 8-hour days Monday through Friday.

(c) The 8-hour day excludes the lunch period but shall include activities deemed necessary by the Department to fully carry out an inspection program, including the time for inspection program personnel to put on required gear and to walk to a work station; to prepare the work station; to return from a work station and remove required gear; to sharpen knives, if necessary; and to conduct duties scheduled by the Department, including administrative duties. The Department may depart from the basic workweek in those cases where maintaining such a schedule would seriously handicap the Department in carrying out its function. These provisions are applicable to all state-inspected establishments except in certain cases as provided in OAR 603-029-1115.

(4)(a) Each state-inspected establishment shall submit a work schedule to the supervisor for approval. In consideration of whether the approval of an establishment work schedule shall be given, the supervisor shall take into account the efficient and effective use of inspection personnel. The work schedule must specify daily clock hours of operation and lunch periods for all departments of the establishment requiring inspection.

(b) Establishments shall maintain consistent work schedules. Any request by an establishment for a change in its work schedule involving an addition or elimination of shifts shall be submitted to the supervisor at least 2 weeks in advance of the proposed change. Frequent requests for change shall not be approved: Provided, however, minor deviations from a daily operating schedule may be approved by the inspector, if such request is received on the day preceding the day of change.

(c) Request for inspection service outside an approved work schedule shall be made as early in the day as possible for overtime work to be performed within that same workday; or made prior to the end of the day's operation when such a request will result in overtime service at the start of the following day: Provided, That an inspector may be recalled to his assignment after completion of his daily tour of duty under the provisions of OAR 603-029-0225.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0300 Ante-Mortem Inspection

Examination of animals before slaughtering; diseased animals slaughtered separately and carcasses examined for the purpose of preventing the use in commerce of meat and meat products which are adulterated, the Director shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat animals before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment, in which they are to be slaughtered and the meat and meat products thereof are to be used in commerce; and all meat animals found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other meat animals, and when so slaughtered the carcasses of said meat animals shall be subject to a careful examination and inspection, all as provided by the rules prescribed by the Director.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0305 Ante-Mortem Inspection on Premises of State-Inspected Establishments

(1) All meat animals offered for slaughter in a state-inspected establishment shall be examined and inspected on the day of and before slaughter unless, because of unusual circumstances, prior arrangements acceptable to the Department have been made in specific cases by a supervisor for such examination and inspection to be made on a different day before slaughter.

(2) Such ante-mortem inspection shall be made on the premises of the establishment at which the meat animals are offered for slaughter before the meat animals shall be allowed to enter into any part of the establishment where they are to be slaughtered or dressed or in which edible products are handled. When the holding pens of a state-inspected establishment are located in a public stockyard and are reserved for the exclusive use of the establishment, such pens shall be regarded as part of the premises of that establishment and the operator of the establishment shall be responsible for compliance with all requirements of the rules in this division with respect to such pens.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0310 Meat Animals Suspected of Being Diseased or Affected with Certain Conditions; Identifying Suspects; Disposition on Post-Mortem Inspection or Otherwise

(1) Any meat animals which, on ante-mortem inspection, do not clearly show, but are suspected of being affected with any disease or condition that, under OAR 603-029-0500 to 603-029-0574, may cause condemnation of the carcass on post-mortem inspection, and any meat animals which show, on ante-mortem inspection, any disease or condition that, under OAR 603-029-0500 to 603-029-0574 would cause condemnation of only part of the carcass on post-mortem inspection, shall be so handled as to retain its identity as a suspect until it is given final post-mortem inspection, when the carcass shall be marked and disposed of as provided in OAR 603-029-0400 to 603-029-0574, or until it is disposed of as otherwise provided in this rule.

(2) All seriously crippled meat animals and non-ambulatory disabled meat animals shall be identified as Oregon Suspects and disposed of as provided in OAR 603-029-0500 unless they are required to be classed as condemned under OAR 603-029-0315. Non-ambulatory disabled meat animals are meat animals that cannot rise from a recumbent position or that cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column, or metabolic conditions.

(3) Meat animals which have reacted to a test for leptospirosis, or anaplasmosis, but which show no symptoms of the disease, shall be identified as Oregon Suspects and disposed of as provided in OAR 603-029-0516.

(4) Meat animals which are known to have reacted to the tuberculin test shall be identified as Oregon Suspects and disposed of as provided in OAR 603-029-0502, except that meat animals bearing an official “Oregon Reactor” tag shall not be tagged as Oregon Suspects.

(5) Any cattle found on ante-mortem inspection to be affected with epithelioma of the eye or of the orbital region to a lesser extent than as described in OAR 603-029-0330 shall be identified as an Oregon Suspect and disposed of as provided in OAR 603-029-0520.

(6) Cattle found on ante-mortem inspection to be affected with anasarca to a lesser extent than as described in OAR 603-029-0340 shall be identified as Oregon Suspects and disposed of as provided in OAR 603-029-0512 or section (7) of this rule.

(7) Any meat animals suspected of being affected with anasarca may be set apart and held for treatment under Department or other responsible official supervision approved by the State Veterinarian. If at the expiration of the treatment period the meat animal upon examination is found to be free from disease, it may be released for any purpose. Otherwise, it shall be identified as Oregon Suspect and disposed of as provided in OAR 603-029-0512 or condemned and disposed of as provided in OAR 603-029-0340, whichever is appropriate.

(8) All hogs suspected on ante-mortem inspection of being affected with swine erysipelas shall be identified as Oregon Suspects and disposed of as provided in OAR 603-029-0507 or section (9) of this rule.

(9) A hog suspected of being affected with swine erysipelas may be set apart and held for treatment under Department or other responsible official supervision approved by the State Veterinarian. If at the expiration of the treatment period the meat animal upon examination is found to be free from disease, it may be released for any purpose. Otherwise, it shall be identified as Oregon Suspect and disposed of as provided in OAR 603-029-0507, or condemned and disposed of as provided in OAR 603-029-0365, whichever is appropriate.

(10) Any meat animal which is affected with vesicular exanthema or vesicular stomatitis, but which has recovered to the extent that the lesions are in process of healing, the temperature is within normal range, and the meat animal shows a return to normal appetite and activity, shall be identified as Oregon Suspect and disposed of as provided in OAR 603-029-0560, except that if desired, such meat animal may be set apart and held under supervision of a Department employee or other official designated by the State Veterinarian for treatment. If the meat animal is set aside for treatment, the Oregon Suspect identification device will be removed by a Department employee, following such treatment, if the meat animal is found to be free from any such disease. Such meat animal found to be free from any such disease may be released for slaughter or for purposes other than slaughter, provided that in the latter instance, the operator of the state-inspected establishment or the owner of the meat animal shall first obtain permission from the State Veterinarian.

(11) Meat animals which are offered for ante-mortem inspection under this division, and which are regarded by the inspector as immature, shall be identified as Oregon Suspects and, if slaughtered, the disposition of their carcasses shall be determined by the post-mortem findings in connection with the ante-mortem conditions. If not slaughtered as suspects, such meat animals shall be held under supervision of a Department employee or other official designated by the State Veterinarian, and after sufficient development may be released for slaughter or may be released for any other purpose, provided they have not been exposed to any infectious or contagious disease. If such exposure occurs, permission should be obtained from the State Veterinarian prior to release of such livestock.

(12) Meat animals previously condemned for listeriosis, if released for slaughter under OAR 603-029-0365(2) shall be identified as Oregon Suspect in accordance with OAR 603-029-0365(3).

(13) Each meat animal required by OAR 603-029-0300 to 603-029-0395 to be treated as an Oregon Suspect shall be identified as such by or under the supervision of a Department employee with an official device in accordance with OAR 603-029-0390. No such device shall be removed except by a Department employee.

(14) Each meat animal identified as an Oregon Suspect on ante-mortem inspection shall be set apart and shall be slaughtered separately from other meat animals at that establishment unless disposed of as otherwise provided in this part.

(15) Each meat animal identified as an Oregon Suspect on ante-mortem inspection, when presented for slaughter, shall be accompanied with a form developed by the Department on which the inspector at the establishment shall record the Oregon Suspect identification number and any other identifying tag numbers present and a brief description of the meat animal and of the disease or condition for which the meat animal was classed as a suspect, including its temperature when the temperature of such meat animal might have a bearing on the disposition of the carcass on post-mortem inspection.

(16) When any meat animal identified as an Oregon Suspect is released for any purpose or reason, as provided in OAR 603-029-0300 to 603-029-0395, the official identification device shall be removed only by a Department employee, who shall report that action to a supervisor. When a suspect is to be released under the provisions of OAR 603-029-0300 to 603-029-0395 for a purpose other than slaughter, the operator of the state-inspected establishment or the owner of the meat animal shall first obtain permission for the removal of such meat animal from the State Veterinarian.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065 & ORS 619.026
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0315 Dead, Dying, Disabled, or Diseased and Similar Meat Animals

(1) Meat animals found to be dead or in a dying condition on the premises of a state-inspected establishment shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

(2) Meat animals plainly showing on ante-mortem inspection any disease or condition that, under OAR 603-029-0500 to 603-029-0574, would cause condemnation of their carcasses on post-mortem inspection shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

(3) Any swine having a temperature of 106 °F. or higher and any cattle, sheep, or goats having a temperature of 105 °F. or higher shall be identified as Oregon Condemned. In case of doubt as to the cause of the high temperature, or when for other reasons a Department employee deems such action warranted, any such meat animal may be held for a reasonable time under the supervision of a Department employee for further observation and taking of temperature before final disposition of such meat animal is determined. Any meat animal so held shall be reinspected on the day it is slaughtered. If, upon such reinspection, or when not held for further observation and taking of temperature, then on the original inspection, the meat animal has a temperature of 106 °F. or higher in the case of swine, or 105 °F. or higher in the case of cattle, sheep, or goats, it shall be condemned and disposed of in accordance with OAR 603-029-0365.

(4) Any meat animal found in a comatose or semicomatose condition or affected with any condition not otherwise covered in OAR 603-029-0300 to 603-029-0395, which would preclude release of the meat animal for slaughter for human food, shall be identified “Oregon Condemned” and disposed of in accordance with OAR 603-029-0365, except that such meat animal may be set apart and held for further observation or treatment under supervision of a Department employee or other official designated by the State Veterinarian and for final disposition in accordance with OAR 603-029-0300 to 603-029-0395.

(5) Establishment personnel must notify Department inspection personnel when cattle become non-ambulatory disabled after passing ante-mortem inspection. Non-ambulatory disabled cattle that are offered for slaughter must be condemned and promptly disposed of in accordance with OAR 603-029-0365.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 603.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0320 Meat Animals Showing Symptoms of Certain Metabolic, Toxic, Nervous, or Circulatory Disturbances, Nutritional Imbalances, or Infectious or Parasitic Diseases

All meat animals showing, on ante-mortem inspection, symptoms of anaplasmosis, ketosis, leptospirosis, listeriosis, parturient paresis, pseudorabies, rabies, scrapie, tetanus, grass tetany, transport tetany, strangles, purpura hemorrhagica, azoturia, infectious equine encephalomyelitis, toxic encephalomyelitis (forage poisoning), dourine, acute influenza, generalized osteoporosis, glanders (farcy), acute inflammatory lameness or extensive fistula shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0325 Swine; Disposal Because of Hog Cholera

(1) All swine found by an inspector to be affected with hog cholera shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365. Immediate notification shall be given by the inspector to the State Veterinarian.

(2) All swine, even though not themselves identified as Oregon Suspects, which are of lots in which one or more meat animals have been condemned or identified as Oregon Suspect for hog cholera, shall, as far as possible, be slaughtered separately and apart from all other livestock passed on ante-mortem inspection.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0330 Epithelioma of the Eye

Any meat animal found on ante-mortem inspection to be affected with epithelioma of the eye and the orbital region in which the eye has been destroyed or obscured by neoplastic tissue and which shows extensive infection, suppuration, and necrosis, usually accompanied with foul odor, or any meat animal affected with epithelioma of the eye or of the orbital region which, regardless of extent, is accompanied with cachexia shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0335 Meat Animals Affected with Anthrax; Cleaning and Disinfection of Infected Meat Animal Pens and Driveways

(1) Any meat animal found on ante-mortem inspection to be affected with anthrax shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

(2) No other meat animals of a lot in which anthrax is found on ante-mortem inspection shall be slaughtered and presented for post-mortem inspection until it has been determined by a careful ante-mortem inspection that no anthrax-infected animal remains in the lot.

(3) Apparently healthy meat animals (other than hogs) from a lot in which anthrax is detected, and any apparently healthy meat animals which have been treated with anthrax biologicals which do not contain living anthrax organisms, may be slaughtered and presented for post-mortem inspection if they have been held not less than 21 days following the last treatment or the last death of any meat animal in the lot. Alternatively, if desired, all apparently healthy meat animals of the lot may be segregated and held for treatment by a State licensed veterinarian under supervision of the State Veterinarian. No anthrax vaccine (live organisms) shall be used on the premises of a state-inspected establishment.

(4) Meat animals which have been injected with anthrax vaccines (live organisms) within 6 weeks, and those bearing evidence of reaction to such treatment, such as inflammation, tumefaction, or edema at the site of the injection, shall be condemned on ante-mortem inspection, or such meat animals may be held under supervision of the State Veterinarian until the expiration of the 6-week period and the disappearance of any evidence of reaction to the treatment.

(5) When meat animals are found on ante-mortem inspection to be affected with anthrax, all exposed meat animal pens and driveways of the state-inspected establishment shall be cleaned and disinfected by promptly and thoroughly removing and burning all straw, litter, and manure. This shall be followed immediately by a thorough disinfection of the exposed premises by soaking the ground, fences, gates, and all exposed material with a 5 percent solution of sodium hydroxide or commercial lye prepared as outlined in OAR 603-029-0440(5)(a), or other disinfectant that may be approved in specific cases by the Department specifically for this purpose.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0340 Cattle Affected with Anasarca and Generalized Edema

All cattle found on ante-mortem inspection to be affected with anasarca in advanced stages and characterized by an extensive and generalized edema shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 603.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0345 Swine Erysipelas

All hogs plainly showing on ante-mortem inspection that they are affected with acute swine erysipelas shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0350 Onset of Parturition

Any meat animal showing signs of the onset of parturition shall be withheld from slaughter until after parturition and passage of the placenta. Slaughter or other disposition may then be permitted if the meat animal is otherwise acceptable.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0355 Vaccine Meat Animals

Vaccine meat animals with unhealed lesions of vaccinia, accompanied with fever, which have not been exposed to any other infectious or contagious disease, are not required to be slaughtered and may be released for removal from the premises.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0360 Emergency Slaughter; Inspection Prior to

In all cases of emergency slaughter, except as provided in OAR 603-029-0550, the meat animals shall be inspected immediately before slaughter, whether theretofore inspected or not. When the necessity for emergency slaughter exists, the establishment shall notify a supervisor so that such inspection may be made.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0365 Disposition of Condemned Meat Animals

(1) Except as otherwise provided in this part, meat animals identified as Oregon Condemned shall be killed by the state-inspected establishment, if not already dead. Such meat animals shall not be taken into the state-inspected establishment to be slaughtered or dressed; nor shall they be conveyed into any part of the establishment used for edible products; but they shall be disposed of in the manner provided for condemned carcasses OAR 603-029-0800 to 603-029-0850. The official Oregon Condemned tag shall not be removed from, but shall remain on the carcass until it is disposed of as prescribed in OAR 603-029-0800 to 603-029-0850, at which time such tag may be removed by a Department employee only. The number of such tag shall be reported to the supervisor by the inspector who affixed it, and also by the inspector who supervised the disposition of the carcass.

(2) Any meat animal condemned on account of ketosis, swine erysipelas, vesicular diseases, grass tetany, transport tetany, parturient paresis, anasarca, anaplasmosis, leptospirosis, listeriosis, or inflammatory condition including pneumonia, enteritis, and peritonitis may be set apart and held for treatment under supervision of a Department employee or official designated by the State Veterinarian. The Oregon Condemned identification tag will be removed by a Department employee following treatment under such supervision if the meat animal is found to be free from any such disease.

(3) Meat animals previously affected with listeriosis, including those released for slaughter after treatment under section (2) of this rule, shall be identified as Oregon Suspect.

(4) When a meat animal under the provisions of this rule is to be released for a purpose other than slaughter, the operator of the state-inspected establishment or the owner of the meat animal shall first obtain permission for the movement of such meat animal from the State Veterinarian.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0370 Brucellosis-reactor Goats

Goats which have reacted to a test for brucellosis shall not be slaughtered in a state-inspected establishment.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0375 Vesicular Diseases

(1) Immediate notification shall be given by the inspector to the State Veterinarian when any meat animal is found to be affected with a vesicular disease.

(2) No meat animal under quarantine by State or Federal animal sanitary officials on account of a vesicular disease will be given ante-mortem inspection. If no quarantine is invoked, or if quarantine is invoked and later removed, upon ante-mortem inspection, any meat animal found to be affected with vesicular exanthema or vesicular stomatitis in the acute stages, as evidenced by acute and active lesions or an elevated temperature, shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0380 Meat Animals Suspected of Having Biological Residues

(1) Except as provided by section (5) of this rule, meat animals suspected of having been treated with or exposed to any substance that may impart a biological residue which would make the edible tissues unfit for human food or otherwise adulterated shall be handled in compliance with the provisions of this section. They shall be identified at state-inspected establishments as “Oregon Condemned.” These meat animals may be held under the custody of a Department employee, or other official designated by the State Veterinarian, until metabolic processes have reduced the residue sufficiently to make the tissues fit for human food and otherwise not adulterated. When the required time has elapsed, the meat animals, if returned for slaughter, must be re-examined on ante-mortem inspection. To aid in determining the amount of residue present in the tissues, officials of the Department may permit the slaughter of any such meat animals for the purpose of collecting tissues for analysis for the residue. Such analysis may include the use of in-plant screening procedures designed to detect the presence of antimicrobial residues in any species of meat animal.

(2) All carcasses and edible organs and other parts thereof, in which are found any biological residues which render such articles adulterated, shall be marked as “Oregon Condemned” and disposed of in accordance with OAR 603-029-0800 or OAR 603-029-0810.

(3) Calves shall not be presented for ante-mortem inspection in a state-inspected establishment except under the provisions of this section.

(a) Definitions. For purposes of this section, the following definitions shall apply:

(A) Calf. A calf up to 3 weeks of age or up to 150 pounds.

(B) Certified calf. A calf that the producer and all other subsequent custodians of the calf certify in writing has not been treated with any animal drug while in his or her custody or has been treated with one or more drugs in accordance with FDA approved label directions while in his or her custody and has been withheld from slaughter for the period(s) of time specified by those label directions.

(C) Healthy calf. A calf that an inspector determines shows no visual signs of disease or treatment of disease at ante-mortem inspection.

(D) Producer. The owner of the calf at the time of its birth.

(E) Sick calf. A calf that an inspector on ante-mortem inspection determines has either signs of treatment or signs of disease.

(b) General requirements.

(A) The identity of the producer of each calf presented for ante-mortem inspection shall be made available by the state-inspected establishment to the inspection prior to the animal being presented for ante-mortem inspection.

(B) The inspector shall segregate the calves presented for ante-mortem inspection at the establishment and identify each calf as one of the following: (A) Certified, (A) noncertified, or (C) previous residue condemnation.

(A) For a calf to be considered certified, the producer and all other subsequent custodians of the calf must certify in writing that while the calf was in his or her custody, the calf was not treated with animal drugs or was treated with one or more drugs in accordance with FDA approved label directions and was withheld from slaughter for the period(s) of time specified by those label directions. All prior certifications must be presented with the animal at the time of slaughter. The certifications shall contain a list of the calves with accompanying identification numbers, as required by section (3)(c)(B)) of this rule, followed by the following language: [Statement 603-029-0380(3)(c)(A)]

(B) Each calf must be identified by use of backtag, eartag, or other type of secure identification which displays a number which shall be recorded on all written certifications.

(C) The inspector shall have segregated for examination by the State Veterinarian or their designee any certified calf which he or she determines to show any sign of disease or which is not identified individually. Such animal will be tagged as “Oregon Suspect” and its carcass will be retained on post-mortem inspection and handled in accordance with OAR 603-029-0492 (3) and (4).

(D) The inspector shall handle the remaining carcasses of healthy meat animals in accordance with OAR 603-029-0492 (3) and (4).

(d) Noncertified group. On ante-mortem inspection, the inspector shall have segregated for examination by the State Veterinarian or their designee any calf which he or she determines to show any sign of disease. Such animal will be tagged as “Oregon Suspect” and its carcass will be retained on post-mortem inspection and handled in accordance with OAR 603-029-0492 (3). The inspector shall handle the remaining carcasses of healthy meat animals in accordance with OAR 603-029-0492 (3).

(e) Calves from producers with previous residue condemnation. On ante-mortem inspection, the inspector shall have segregated for examination by the State Veterinarian or their designee any calf which he or she determines to show any sign of disease. Such animal will be tagged as “Oregon Suspect” and its carcass will be retained on post-mortem inspection and handled in accordance with OAR 603-029-0492 (5). The inspector shall handle the remaining carcasses of healthy meat animals in accordance with OAR 603-029-0492 (5).

(4) The name of each and all person(s) who sold or consigned each swine to the establishment shall be made available by the establishment to any Department employee upon that employee's request and presentation of his or her official credentials. Swine identification must be maintained throughout post-mortem inspection, in accordance with OAR 603-029-0496(1).

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0385 Meat Animals Used for Research

(1) No meat animals used in any research investigation involving an experimental biological product, drug, or chemical shall be eligible for slaughter at a state-inspected establishment unless:

(a) The operator of such establishment, the sponsor of the investigation, or the investigator has submitted to the Veterinary Services unit of the Animal and Plant Health Inspection Service of the Department of Agriculture or to the Environmental Protection Agency or to the Food and Drug Administration of the Department of Health, Education, and Welfare, data or a summary evaluation of the data which demonstrates to the satisfaction of one of those agencies that the use of such biological product, drug, or chemical will not result in the products of such livestock being adulterated;

(b) A supervisor has approved the slaughter in writing prior to the time of slaughter;

(c) In the case of an animal administered any unlicensed, experimental veterinary biologic product regulated under the Virus-Serum Toxin Act (21 U.S.C. 151 et seq.), the product was prepared and distributed in compliance with Part 103 of the regulations issued under said Act, and used in accordance with the labeling approved under said regulations;

(d) In the case of an animal administered any investigational drug regulated under the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 301 et seq.), the drug was prepared and distributed in compliance with the applicable provisions of part 135 of the regulations issued under said Act (21 CFR part 135), and used in accordance with the labeling approved under said regulations;

(e) In the case of an animal subjected to any experimental economic poison under section 2(a) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 135 et seq.), the product was prepared and distributed in accordance with § 362.17 of the regulations issued under said Act (7 CFR 362.17), and used in accordance with the labeling approved under said regulations.

(f) In the case of an animal administered or subjected to any substance that is a food additive or pesticide chemical under the Federal Food, Drug, and Cosmetic Act, supra, there has been compliance with all tolerance limitations established by said Act and the regulations promulgated thereunder (21 CFR 1.1 et seq.), and all other restrictions and requirements imposed by said Act and said regulations will be complied with at the time of slaughter.

(2) A supervisor may deny or withdraw the approval for slaughter of any livestock subject to the provision of this rule when he deems it necessary to assure that all products prepared at the state-inspected establishment are free from adulteration.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0390 Official Marks and Devices for Purposes of Ante-Mortem Inspection

(1) All meat animals required by OAR 603-029-0300 to 603-029-0395 to be identified as Oregon Suspects shall be tagged with a serially numbered metal ear tag bearing the term “Oregon Suspect,” except as provided in OAR 603-029-0310(4) and except that cattle affected with epithelioma of the eye, antinomycosis, or actinobacillosis to such an extent that the lesions would be readily detected on post-mortem inspection, need not be individually tagged on ante-mortem inspection with the Oregon Suspect tag, provided that such cattle are segregated and otherwise handled as Oregon Suspects.

(2) In addition, identification of Oregon Suspect swine must include the use of tattoos specified by the inspector to maintain the identity of the swine through the dehairing equipment when such equipment is used.

(3) All meat animals required by OAR 603-029-0300 to 603-029-0395 to be identified as Oregon Condemned shall be tagged with a serially numbered metal ear tag bearing the term “Oregon Condemned.”

(4) The devices described in sections (1), (2), and (3) of this rule shall be the official devices for identification of livestock required to be identified as Oregon Suspect or Oregon Condemned as provided in OAR 603-029-0300 to 603-029-0395.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0401 Extent and Time of Post-Mortem Inspection; Post-Mortem Inspection Staffing Standards

(1) A careful post-mortem examination and inspection shall be made of the carcasses and parts thereof of all livestock slaughtered at state-inspected establishments. Such inspection and examination shall be made at the time of slaughter unless, because of unusual circumstances, prior arrangements acceptable to the Director have been made in specific cases by the supervisor for making such inspection and examination at a later time.

(2)(a) The staffing standards on the basis of the number of carcasses to be inspected per hour are outlined in the following tables. Standards for multiple inspector lines are based on inspectors rotating through the different types of inspection stations during each shift to equalize the workload. The inspector in charge shall have the authority to require the state-inspected establishment to reduce slaughter line speeds where, in his judgment, the inspection procedure cannot be adequately performed at the current line speed because of particular deficiencies in carcass preparation and presentation by the plant at the higher speed, or because the health condition of the particular animals indicates a need for more extensive inspection.

(b) Cattle inspection. For all cattle staffing standards, an ‘‘a’’ in the ‘‘Number of Inspectors by Stations’’ column means that one inspector performs the entire inspection procedure and a ‘‘b’’ means that one inspector performs the head and lower carcass inspection and a second inspector performs the viscera and upper carcass inspection.

(A) Inspection Using the Viscera Truck. [Table 603-029-0401(2)(b)(A)]

(i) Rules for determining adjusted maximum slaughter rates for single-inspector kills considering walking distance according to the table in this subdivision: Determine the distances the inspector actually walks between the points shown in columns 2 through 14 of the following table. For each column, determine the deduction figure opposite the appropriate number of feet in column 1. Compute the total of the deduction figures for columns 2 through 14. The adjusted maximum rate is the maximum rate in section (2)(b)(A) of this rule minus total of the deduction figures. If the resultant number is not a whole number, it must be rounded off to the next lowest whole number.

(ii) Rules for determining adjusted maximum slaughter rates for two-inspector kills considering walking distance according to the table in this subdivision: Determine the distances the inspectors actually walk between the points shown in columns 2 through 9 of the following table. Column 9 is used only if the condemned brands and tags the viscera inspector uses are kept at a location other than at the wash- basin-sterilizer. For each column, determine the deduction figure opposite the appropriate number of feet in column 1. Compute the total of the deduction figures for columns 2 through 9. Divide this total by 2. The adjusted maximum rate is the maximum rate in section (2)(b)(A) of this rule minus the number calculated above. If the resultant number is not a whole number, it must be rounded off to the next lowest whole number. [Table 603-029-0401(2)(b)(A)(i)] and [Table 603-029-0401(2)(b)(A)(ii)]

(B) Inspection Using Viscera Table, Tongue-In Presentation of Heads. [Table 603-029-0401(2)(b)(A)(iii)]

(D) Swine inspection. Traditional inspection shall be used for all swine slaughtered under state inspection. The following inspection staffing standards are applicable to swine slaughter configurations. The inspection standards for all slaughter lines are based upon the observation rather than palpation, at the viscera inspection station, of the spleen, liver, heart, lungs, and mediastinal lymph nodes. In addition, for one- and two-inspector lines under traditional inspection, the standards are based upon the distance walked (in feet) by the inspector between work stations; and for three or more inspector slaughter lines, upon the use of a mirror, as described in OAR 603-029-0205(13)(f), at the carcass inspection station. Although not required in a one- or two-inspector slaughter configuration, except in certain cases as determined by the inspection service, if a mirror is used, it must comply with the requirements of OAR 603-029-0205(13)(f). [Table 603-029-0401(c)]

NOTE: In multiple-inspector plants, the inspectors must rotate between all inspection positions during each shift to equalize the workload.

[Table 603-029-0401(d)]

NOTE: In multiple-inspector plants, the inspectors must rotate between all inspection positions during each shift to equalize the workload.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0405 Identification of Carcass with Certain Severed Parts Thereof and with Animal from Which Derived

(1) The head, tail, tongue, thymus gland, and all viscera of each slaughtered meat animal, and all blood and other parts of such meat animal to be used in the preparation of meat products or medical products, shall be handled in such a manner as to identify them with the rest of the carcass and as being derived from the particular meat animal involved, until the post-mortem examination of the carcass and parts thereof has been completed. Such handling shall include the retention of ear tags, backtags, implants, and other identifying devices affixed to the meat animal, in such a way to relate them to the carcass until the post-mortem examination has been completed.

(2) The official State-Federal Department backtag on any carcass shall:

(a)(A) Be removed from the hide of the meat animal by a state-inspected establishment employee and placed in a clear plastic bag. The bag containing the tag shall be affixed to the corresponding carcass.

(B) The bag containing the tag shall be removed from the carcass by a state-inspected establishment employee and presented with the viscera to the inspector at the point where such inspector conducts the viscera inspection.

(b)(A) Brucellosis and tuberculosis ear tags, herd identification ear tags, sales tags, ear bangles, and similar identification devices shall be removed from the meat animal's hide or ear by a state-inspected establishment employee and shall be placed in a clear plastic bag and affixed to the corresponding carcass.

(c) In cases where both types of devices described in sections (2)(a) and (b) of this rule are present on the same meat animal, both types may be placed in the same plastic bag or in two separate bags.

(d) The supervisor may allow the use of any alternate method proposed by the operator of a state-inspected establishment for handling the type of devices described in section (2)(b) of this rule if such alternate method would provide a ready means of identifying a specific carcass with the corresponding devices by an inspector during the post-mortem inspection.

(e) Disposition and use of identifying devices.

(A) The official State-Federal Department backtags will be collected by an inspector and used to obtain traceback information necessary for proper disposition of the meat animal or carcass and otherwise handled according to instructions issued to the inspectors.

(B) The devices described in section (2)(b) of this rule shall be collected by the inspector when required to obtain traceback information necessary for proper disposition of the meat animal or carcass and for controlling the slaughter of reactor meat animals. Devices not collected for these purposes shall be discarded after the post-mortem examination is complete.

(f) Plastic bags used by the establishment for collecting identifying devices will be furnished by the Department.

History

Statutory/Other Authority: ORS 603.085, ORS 617.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0410 Carcasses and Parts in Certain Instances to be Retained

Each carcass, including all detached organs and other parts, in which any lesion or other condition is found that might render the meat or any part unfit for food purposes, or otherwise adulterated, and which for that reason would require a subsequent inspection, shall be retained by the Department employee at the time of inspection. The identity of every such retained carcass, detached organ, or other part shall be maintained until the final inspection has been completed. Retained carcasses shall not be washed or trimmed unless authorized by the Department employee.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0415 Identification of Carcasses and Parts; Tagging

Such devices and methods as may be approved by the Director may be used for the temporary identification of retained carcasses, organs, and other parts. In all cases, the identification shall be further established by affixing “Oregon Retained” tags as soon as practicable and before final inspection. These tags shall not be removed except by a Department employee.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0420 Condemned Carcasses and Parts to be so Marked; Tanking; Separation

Each carcass or part which is found on final inspection to be unsound, unhealthful, unwholesome, or otherwise adulterated shall be conspicuously marked, on the surface tissues thereof, by a Department employee at the time of inspection, as “Oregon Inspected and Condemned.” Condemned detached organs and other parts of such character that they cannot be so marked shall be placed immediately in trucks or receptacles which shall be kept plainly marked “Oregon Condemned,” in letters not less than 2 inches high. All condemned carcasses and parts shall remain in the custody of a Department employee and shall be disposed of as required in the regulations in OAR 603-029-0800 to 603-029-0850 at or before the close of the day on which they are condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0425 Carcasses and Parts Passed for Cooking; Marking

Carcasses and parts passed for cooking shall be marked conspicuously on the surface tissues thereof by a Department employee at the time of inspection, “Oregon Passed for Cooking.” All such carcasses and parts shall be cooked in accordance with OAR 603-029-0880 to 603-029-0890, and until so cooked shall remain in the custody of a Department employee.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0430 Removal of Spermatic Cords, Pizzles and Preputial Diverticuli

Spermatic cords and pizzles shall be removed from all carcasses. Preputial diverticuli shall be removed from hog carcasses.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0435 Passing and Marking of Carcasses and Parts

Carcasses and parts found to be sound, healthful, wholesome, and otherwise not adulterated shall be passed and marked as provided in OAR 603-029-0900 to 603-029-0970. In all cases where carcasses showing localized lesions are passed for food or for cooking and “Oregon Retained” tags are attached to the carcasses, the affected tissues shall be removed and condemned before the tags are removed. “Oregon Retained” tags shall be removed only by a Department employee.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0440 Anthrax; Carcasses not to be Eviscerated; Disposition of Affected Carcasses; Hides, Hoofs, Horns, Hair, Viscera and Contents, and Fat; Handling of Blood And Scalding Vat Water; General Cleanup and Disinfection

(1) Carcasses found before evisceration to be affected with anthrax shall not be eviscerated but shall be retained, condemned, and immediately tanked or otherwise disposed of as provided OAR 603-029-0800 to 603-029-0850.

(2) All carcasses and all parts, including hides, hoofs, horns, hair, viscera and contents, blood, and fat of any meat animal found to be affected with anthrax shall be condemned and immediately disposed of as provided in OAR 603-029-0800 to 603-029-0850, except that the blood may be handled through the usual blood cooking and drying equipment.

(3) Any part of any carcass that is contaminated with anthrax-infected material through contact with soiled instruments or otherwise shall be immediately condemned and disposed of as provided in OAR 603-029-0800 to 603-029-0850.

(4) The scalding vat water through which hog carcasses affected with anthrax have passed shall be immediately drained into the sewer and all parts of the scalding vat shall be cleaned and disinfected as provided in section (5) of this rule.

(5)(a) That portion of the slaughtering department, including the bleeding area, scalding vat, gambrelling bench, floors, walls, posts, platforms, saws, cleavers, knives, and hooks, as well as employees' boots and aprons, contaminated through contact with anthrax-infected material, shall, except as provided in subsection (5)(b) of this rule be cleaned immediately and disinfected with one of the following disinfectants or other disinfectant[1] approved specifically for this purpose by the Department:

(A) A 5 percent solution of sodium hydroxide or commercial lye containing at least 94 percent of sodium hydroxide. The solution shall be freshly prepared immediately before use by dissolving 2 1/2 pounds of sodium hydroxide or lye in 5 1/2 gallons of hot water and shall be applied as near scalding hot as possible to be most effective. (Owing to the extremely caustic nature of sodium hydroxide solution, precautionary measures such as the wearing of rubber gloves and boots to protect the hands and feet, and goggles to protect the eyes, should be taken by those engaged in the disinfection process. It is also advisable to have an acid solution, such as vinegar, in readiness in case any of the sodium hydroxide solution should come in contact with any part of the body.)

(B) A solution of sodium hypochlorite containing approximately one-half of 1 percent (5,000 parts per million) of available chlorine. The solution shall be freshly prepared.

(C) When a disinfectant solution has been applied to equipment which will afterwards contact meat or meat product, the equipment shall be rinsed with clean water before such contact.

(b) In case anthrax infection is found in the hog slaughtering department, an immediate preliminary disinfection shall be made from the head-dropper's station to the point where the disease is detected and the affected carcasses shall be cut down from the rail and removed from the room. Upon completion of the slaughtering of the lot of hogs of which the anthrax-infected animals were a part, slaughtering operations shall cease, and a thorough cleanup and disinfection shall be made, as provided in section (5)(a) of this rule. If the slaughter of the lot has not been completed by the close of the day on which anthrax was detected, the cleanup and disinfection shall not be deferred beyond the close of that day.

(c) The first and indispensable precautionary step for persons who have handled anthrax material is thorough cleansing of the hands and arms with liquid soap and running hot water. It is important that this step be taken immediately after exposure, before vegetative anthrax organisms have had time to form spores. In the cleansing, a brush or other appropriate appliance shall be used to insure the removal of all contaminating material from under and about the fingernails. This process of cleansing is most effective when performed in repeated cycles of lathering and rinsing rather than in spending the same amount of time in scrubbing with a single lathering. After the hands have been cleansed thoroughly and rinsed free of soap, they may, if desired, be immersed for about 1 minute in a 1:1,000 solution of bichloride of mercury, followed by thorough rinsing in clean running water. Supplies of bichloride of mercury for the purpose must be held in the custody of the veterinary medical officer. (As a precautionary measure, all persons exposed to anthrax infection should report promptly any suspicious condition (sore or carbuncle) or symptom to a physician, in order that anti-anthrax serum or other treatment may be administered as indicated.)

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0445 Carcasses with Skin or Hide on; Cleaning Before Evisceration; Removal of Larvae of Hypodermae, External Parasites and Other Pathological Skin Conditions

When a carcass is to be dressed with the skin or hide left on, the skin or hide shall be thoroughly washed and cleaned before any incision is made for the purpose of removing any part thereof or evisceration, except that where calves are slaughtered by the kosher method, the heads shall be removed from the carcasses, before washing of the carcasses. The skin shall be removed at the time of post-mortem inspection from any calf carcass infested with the larvae of the “oxwarble” fly (Hypoderma lineata and Hypoderma bovis), or external parasites, or affected with other pathological skin conditions.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0450 Sternum to be Split; Abdominal and Thoracic Viscera to be Removed

The sternum of each carcass shall be split and the abdominal and thoracic viscera shall be removed at the time of slaughter in order to allow proper inspection.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0455 Inflating Carcasses or Parts Thereof; Transferring Caul or Other Fat

(1) State-inspected establishments that slaughter meat animals and prepare meat animal carcasses and parts may inflate carcasses or parts of carcasses with air if they develop, implement, and maintain controls to ensure that the air inflation procedure does not cause insanitary conditions or adulterate product. State-inspected establishments shall incorporate these controls into their HACCP plans or Sanitation SOPs or other prerequisite programs.

(2)(a) Transferring the caul or other fat from a fat to a lean carcass is prohibited.

(b) Injecting compressed air into the skulls of cattle in conjunction with a captive bolt stunner to hold the animal still for dressing operations is prohibited.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0460 Handling of Bruised Parts

When only a portion of a carcass is to be condemned on account of slight bruises, either the bruised portion shall be removed immediately and disposed of in accordance with OAR 603-029-0800 to 603-029-0850, or the carcass shall be promptly placed in a retaining room and kept until chilled and the bruised portion shall then be removed and disposed of as provided in OAR 603-029-0800 to 603-029-0850.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0465 Disposition of Thyroid Glands and Laryngeal Muscle Tissue

(1) Meat animal thyroid glands and laryngeal muscle tissue shall not be used for human food.

(2) Meat animal thyroid glands and laryngeal muscle tissue may be distributed to pharmaceutical manufacturers for pharmaceutical use in accordance with OAR 603-029-0840 or OAR 603-029-1470(3), if they are labeled in accordance with OAR 603-029-0960(6). Otherwise, they shall be disposed of at the official establishment in accordance with OAR 603-029-0800 or OAR 603-029-0810.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0470 Disposition of Lungs

(1) Meat animal lungs shall not be saved for use as human food.

(2) Lungs found to be affected with disease or pathology and lungs found to be adulterated with chemical or biological residue shall be condemned and identified as “Oregon Inspected and Condemned.” Condemned lungs may not be saved for pet food or other nonhuman food purposes. They shall be maintained under inspectional control and disposed of in accordance with OAR 603-029-0800 or OAR 603-029-0810.

(3) Lungs not condemned under section (b) of this rule may be used in the preparation of pet food or for other nonhuman food purposes at the state-inspected establishment, provided they are handled in the manner prescribed in OAR 603-029-1135, or they may be distributed from the state-inspected establishment in commerce, or otherwise, in accordance with the conditions prescribed in OAR 603-029-1425 for nonhuman food purposes or they may be so distributed to pharmaceutical manufacturers for pharmaceutical use in accordance with OAR 603-029-0840 and OAR 603-029-1470(2), if they are labeled as “Inedible [SPECIES] Lungs - for Pharmaceutical Use Only.” Otherwise, they shall be disposed of at the state-inspected establishment, in accordance with OAR 603-029-0800 or OAR 603-029-0810.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0475 Inspection of Mammary Glands

(1) Lactating mammary glands and diseased mammary glands of cattle, sheep, swine, and goats shall be removed without opening the milk ducts or sinuses. If pus or other objectionable material is permitted to come in contact with the carcass, the parts of the carcass thus contaminated shall be removed and condemned.

(2) Nonlactating cow udders may be saved for food purposes provided suitable facilities for handling and inspecting them are provided. Examination of udders by palpation shall be done by a Department employee. When necessary, in the judgment of the Department employee for adequate inspection, the official establishment employees shall incise udders in sections no greater than 2 inches in thickness. All udders showing disease lesions shall be condemned by a Department employee. Each udder shall be properly identified with its respective carcass and kept separate and apart from other udders until its disposal has been accomplished in accordance with the provisions of OAR 603-029-0500 to 603-029-0574.

(3) Lactating mammary glands of cattle, sheep, swine, and goats shall not be saved for edible purposes.

(4) The udders from cows officially designated as “Brucellosis reactors” or as “Mastitis elimination cows” shall be condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0480 Contamination of Carcasses, Organs, or Other Parts

(1) Carcasses, organs, and other parts shall be handled in a sanitary manner to prevent contamination with fecal material, urine, bile, hair, dirt, or foreign matter; however, if contamination occurs, it shall be promptly removed in a manner satisfactory to the inspector.

(2) Brains, cheek meat, and head trimmings from animals stunned by lead, sponge iron, or frangible bullets shall not be saved for use as human food but shall be handled as described in OAR 603-029-0800 or OAR 603-029-0810.

(3) State-inspected swine slaughter establishments must develop, implement, and maintain written procedures to prevent contamination of carcasses and parts by enteric pathogens, and visible fecal material, ingesta, and milk contamination throughout the entire slaughter and dressing operation. State-inspected establishments must incorporate these procedures into their HACCP plans, or sanitation SOPs, or other prerequisite programs. These procedures must include sampling and analysis for microbial organisms in accordance with the sampling location and frequency requirements in sections (3)(a) and (b) of this rule to monitor their ability to maintain process control.

(a) Sampling locations. State-inspected swine slaughter establishments, except for very low-volume establishments, must collect and analyze carcass samples for microbial organisms at the pre-evisceration and post-chill points in the process. State-inspected establishments that slaughter more than one type of meat animal must test the type of meat animal slaughtered in the greatest number. State-inspected establishments that bone their products before chilling (i.e., hot-boned products) must collect and analyze samples at the pre-evisceration point in the process and after the final wash instead of at post-chill. Very low-volume establishments must collect and analyze samples for microbial organisms at the post-chill point in the process. All state-inspected swine establishments must sponge or excise tissue from the ham, belly, and jowl areas. Very low-volume establishments annually slaughter no more than 20,000 swine, or a combination of swine and other meat animals not exceeding 6,000 cattle and 20,000 total of all livestock.

(b) Sampling frequency. State-inspected establishments, except for very low-volume establishments as defined in section (3)(a) of this rule, must collect and analyze samples at a frequency proportional to the establishment's volume of production at the following rates:

(A) State-inspected establishments, except for very low-volume establishments as defined in section (3)(a) of this rule, must collect and analyze samples at a frequency of once per 1,000 carcasses, but a minimum of once during each week of operation.

(B) Very low-volume establishments as defined in section (3)(a) of this rule must collect and analyze samples at least once during each week of operation starting June 1 of every year. If, after consecutively collecting 13 weekly samples, very low-volume establishments can demonstrate that they are effectively maintaining process control, they may modify their sampling plans.

(C) State-inspected establishments must maintain accurate records of all test results and retain these records as provided in section (4) of this rule.

(4) State-inspected swine slaughter establishments must maintain daily records sufficient to document the implementation and monitoring of the procedures required under this rule. Records required by this rule may be maintained on computers if the establishment implements appropriate controls to ensure the integrity of the electronic data. Records required by this rule must be maintained for at least one year and must be accessible to the Department.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0485 Inspection of Kidneys

An employee of the state-inspected establishment shall open the kidney capsule and expose the kidneys of all livestock at the time of slaughter for the purpose of examination by a Department employee.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0490 Saving of Blood from Meat Animals as an Edible Product

Blood may be saved for edible purposes at state-inspected establishments provided it is derived from meat animals, the carcasses of which are inspected and passed, and the blood is collected, defibrinated, and handled in a manner so as not to render it adulterated under Oregon law and rules issued pursuant thereto. The defibrination of blood intended for human food purposes shall not be done with the hands. Anticoagulants may be used in accordance with regulations in Division 29.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0492 Carcasses Suspected of Containing Sulfa and Antibiotic Residues; Sampling Frequency; Disposition of Affected Carcasses and Parts

(1) Calf carcasses from meat animals suspected of containing biological residues under OAR 603-029-0380(4) shall, on post-mortem inspection, be handled in accordance with the provisions of this rule.

(2) For purposes of this rule, the following definitions shall apply:

(a) Calf. A calf up to 3 weeks of age or up to 150 pounds.

(b) Certified calf. A calf that the producer and all other subsequent custodians of the calf certify in writing has not been treated with any animal drug while in his or her custody or has been treated with one or more drugs in accordance with FDA approved label directions while in his or her custody and has been withheld from slaughter for the period(s) of time specified by those label directions.

(c) Healthy carcass. A carcass that an inspector determines shows no lesions of disease or signs of disease treatment at post-mortem inspection

(d) Producer. The owner of the calf at the time of its birth.

(e) Sick calf carcass. A calf carcass that an inspector on post-mortem inspection determines has either signs of disease treatment or lesions of disease or was from an animal identified as sick on ante-mortem.

(f) Sign of treatment. Sign of treatment of a disease is indicated by leakage around jugular veins, subcutaneous, intramuscular or intraperitoneal injection lesions, or discoloration from particles or oral treatment in any part of the digestive tract.

(g) Veterinary medical officer. An inspector of the Department that has obtained a Doctor of Veterinary Medicine degree which is recognized by the Department.

(3) Selection of carcasses for testing. The inspector shall perform a swab bioassay test[1] on:

(a) Any carcass from a calf tagged as “Oregon Suspect” at the time of ante-mortem inspection, except that calves whose carcasses are condemned for pathology shall not be tested for drug residues.

(b) Any carcass which he/she finds has either lesions of disease which is not condemned because of these lesions or a sign of treatment of disease at the time of post-mortem inspection,

(c) Any carcass of a calf from a producer whose calf or calves have previously been condemned for residues as prescribed in section (5) of this rule, and

(d) Carcasses from healthy-appearing certified and noncertified calves, as determined by the veterinary medical officer during ante-mortem inspection, will be selected for testing as set forth below: [Table 603-029-0492(3)(d)]

(4) Testing of carcasses:

(a) The inspector shall test all carcasses as prescribed in section (3) of this rule.

(b) Upon initiation of this program at a state-inspected establishment, the inspector shall begin the testing rate for carcasses from healthy-appearing certified and noncertified calves at Level D as prescribed in section (3)(d) of this rule. The inspector shall increase the testing rate to the next higher level the following business day when three carcasses in 100 or less consecutively tested show a positive test result for a drug residue. The inspector shall decrease it to the next lower level when no more than two calves show a positive test result for a drug residue in either 500 calves consecutively tested or all calves tested over a 60 working day period.

(d) The state-inspected establishment may designate one or more of its employees to aid the inspector in performing the swab bioassay test under the supervision of the veterinary medical officer who shall interpret the results, maintain animal identification with the test unit, and ensure integrity of the testing program.

(e) All carcasses and parts thereof from calves selected for testing shall be retained until all test results are complete.

(f) The veterinary medical officer shall condemn all carcasses and parts thereof for which there are positive test results and release for human consumption all carcasses and parts thereof for which there are negative test results.

(g) If there is a positive test result, subsequent calves from the producer of the calf shall be tested in accordance with section (5) of this rule. These test results will not be included in computations to determine a state-inspected establishment's compliance record.

(h) The veterinary medical officer may reduce inspection line rates when, in his/her judgment, the prescribed testing cannot be adequately performed within the time available because the state-inspected establishment's compliance history dictates a need for extensive testing.

(5) Calves from producers with a previous residue condemnation. The inspector shall perform a swab bioassay test on all carcasses of all calves in the group. The veterinary medical officer shall determine the test results and shall condemn any carcass and parts thereof for which there is a positive test result and pass for human consumption any such carcass and parts thereof for which there is a negative test result. All subsequent calves from the same producer which has previously sold or delivered to state-inspected establishments any carcass that was condemned because of drug residues must be tested according to this section until five consecutive animals test completely free of animal drug residues.

(6) If the owner or operator of an official establishment disagrees with the veterinary medical officer's disposition of carcasses and parts thereof, the owner or operator may appeal as provided in OAR 603-029-1505.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0494 Specified Risk Materials from Cattle and Their Handling and Disposition

(1) The following materials from cattle are specified risk materials, except when they are from cattle from a country that can demonstrate that its bovine spongiform encephalopathy (BSE) risk status can reasonably be expected to provide the same level of protection from human exposure to the BSE agent as prohibiting specified risk materials for use as human food does in the United States:

(a) The brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column (excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum), and dorsal root ganglia from cattle 30 months of age and older and

(b) The distal ileum of the small intestine and the tonsils from all cattle.

(2) Specified risk materials are inedible and prohibited for use as human food.

(3) Specified risk materials must be removed from the carcasses of cattle, segregated from edible materials, and disposed of in accordance with OAR 603-029-0800 or OAR 603-029-0810. The spinal cord from cattle 30 months of age and older must be removed from the carcass at the state-inspected establishment where the animal was slaughtered.

(4) Requirements for use of the small intestine for human food.

(a) The small intestine from all cattle may be used for human food if:

(A) It is derived from cattle that were inspected and passed in a state-inspected establishment, an official establishment in the United States, or in a certified foreign establishment in a country eligible to export meat and meat products to the United States under 9 CFR 327.2(b) and it is otherwise eligible for importation under 9 CFR 327.1(b), and

(B) The distal ileum is removed by a procedure that removes at least 80 inches of the uncoiled and trimmed small intestine as measured from the ceco-colic junction and progressing proximally towards the jejunum or by a procedure that the establishment demonstrates is effective in ensuring complete removal of the distal ileum.

(C) If the conditions in sections (4)(a)(A) or (B) of this rule are not met, the entire small intestine must be removed from the carcass, segregated from edible materials, and disposed of in accordance with OAR 603-029-0800 or OAR 603-029-0810.

(b) The requirements in section (4)(a) of this rule does not apply to materials from cattle from countries that can demonstrate that their BSE risk status can reasonably be expected to provide the same level of protection from human exposure to the BSE agent as prohibiting specified risk materials for use as human food does in the United States.

(5) Procedures for the removal, segregation, and disposition of specified risk materials.

(a) State-inspected establishments that slaughter cattle and state-inspected establishments that process the carcasses or parts of cattle must develop, implement, and maintain written procedures for the removal, segregation, and disposition of specified risk materials. These procedures must address potential contamination of edible materials with specified risk materials before, during, and after entry into the establishment. Establishments must incorporate their procedures for the removal, segregation, and disposition of specified risk materials into their HACCP plans or Sanitation SOPs or other prerequisite programs.

(b) State-inspected establishments that slaughter cattle and state-inspected establishments that process the carcasses or parts of cattle must take appropriate corrective action when either the state-inspected establishment or the Department determines that the state-inspected establishment's procedures for the removal, segregation, and disposition of specified risk materials, or the implementation or maintenance of these procedures, have failed to ensure that specified risk materials are adequately and effectively removed from the carcasses of cattle, segregated from edible materials, and disposed of in accordance with section (3) of this rule.

(c) State-inspected establishments that slaughter cattle and state-inspected establishments that process the carcasses or parts of cattle must routinely evaluate the effectiveness of their procedures for the removal, segregation, and disposition of specified risk materials in preventing the use of these materials for human food and must revise the procedures as necessary whenever any changes occur that could affect the removal, segregation, and disposition of specified risk materials.

(d) Recordkeeping requirements.

(A) State-inspected establishments that slaughter cattle and state-inspected establishments that process the carcasses or parts of cattle must maintain daily records sufficient to document the implementation and monitoring of the procedures for the removal, segregation, and disposition of the materials listed in section (1) of this rule, and any corrective actions taken.

(B) Records required by this rule may be maintained on computers provided that the state-inspected establishment implements appropriate controls to ensure the integrity of the electronic data.

(C) Records required by this rule must be retained for at least one year and must be accessible to the Department. All such records must be maintained at the state-inspected establishment for 48 hours following completion, after which they may be maintained off-site provided such records can be made available to the Department within 24 hours of request.

(6) Sanitation of equipment used to cut through specified risk materials.

(a) If a state-inspected establishment that slaughters cattle, or that processes the carcasses or parts from cattle, does not segregate the carcasses and parts from cattle 30 months of age and older from the carcasses and parts from cattle younger than 30 months during processing operations it must:

(A) Use dedicated equipment to cut through specified risk materials; or

(B) Clean and sanitize equipment used to cut through specified risk materials before the equipment is used on carcasses or parts from cattle younger than 30 months of age.

(b) If a state-inspected establishment that slaughters cattle, or that process the carcasses or parts from cattle, segregates the carcasses and parts of cattle 30 months of age and older from cattle younger than 30 months of age during processing operations, and processes the carcasses or parts from the cattle younger than 30 months first, it may use routine operational sanitation procedures on equipment used to cut through specified risk materials.

(7) State-inspected slaughter establishments may ship beef carcasses or parts that contain vertebral columns from cattle 30 months of age and older to another state- or federally-inspected establishment for further processing if the state-inspected establishment shipping these materials:

(a) Maintains control of the carcasses or parts while they are in transit or ensures that the carcasses or parts move under Department or FSIS control;

(b) Ensures that the carcasses or parts are accompanied by documentation that clearly states that the carcasses or parts contain vertebral columns from cattle that were 30 months of age and older at the time of slaughter;

(d) Maintains records that verify that the state-inspected establishment that received the carcasses or parts removed the portions of the vertebral column designated as specified risk materials in section (1)(a) of this rule and disposed of them in accordance with OAR 603-029-0800 or OAR 603-029-0810.

(8) The materials listed in section (1)(a) of this rule will be deemed to be from cattle 30 months of age and older unless the state-inspected establishment can demonstrate through documentation that the materials are from an animal that was younger than 30 months of age at the time of slaughter.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0496 Identification of Carcasses and Parts of Swine

(1) The identification of the carcasses and parts of swine identified in accordance with 9 CFR 71 shall be made available to the inspector upon the inspector's request throughout post-mortem inspection.

(2) If the state-inspected establishment fails to provide required swine identification, the inspector shall order the retention of swine carcasses at the state-inspection establishment until the completion of tests to confirm that the carcasses are not adulterated.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0498 Contamination with Microorganisms; Process Control Verification Criteria and Testing; Pathogen Reduction Standards

(1) Criteria for verifying process control; E. coli testing.

(a) Each state-inspected establishment that slaughters meat animals must test for Escherichia coli Biotype 1 (E.coli). State-inspected establishments that slaughter more than one type of meat animal shall test the type of meat animal slaughtered in the greatest number. The state-inspected establishment shall:

(A) Collect samples in accordance with the sampling techniques, methodology, and frequency requirements in section (1)(b) of this rule;

(B) Obtain analytic results in accordance with section (1)(c) of this rule; and

(b) Sampling requirements.

(A) Written procedures. Each state-inspected establishment shall prepare written specimen collection procedures which shall identify employees designated to collect samples, and shall address location(s) of sampling, how sampling randomness is achieved, and handling of the sample to ensure sample integrity. The written procedure shall be made available to the Department upon request.

(B) Sample collection. The state-inspected establishment must collect samples from all chilled meat animal carcasses, except those boned before chilling (hot-boned), which must be sampled after the final wash. Samples must be collected in the following manner;

(i) For cattle, state-inspected establishments must sponge or excise tissue from the flank, brisket and rump, except for hide-on calves, in which case state-inspected establishments must take samples by sponging from inside the flank, inside the brisket, and inside the rump.

(ii) For sheep or goat carcasses, state-inspected establishments must sponge from the flank, brisket and rump, except for hide-on carcasses, in which case state-inspected establishments must take samples by sponging from inside the flank, inside the brisket, and inside the rump.

(C) Sampling frequency. State-inspected slaughter establishments, except very low volume establishments as defined in section (1)(b)(E) of this rule, must take samples at a frequency proportional to the volume of production at the following rates: Cattle, sheep, and goats: 1 test per 300 carcasses, but, a minimum of one sample during each week of operation.

(D) Sampling frequency alternatives. A state-inspected establishment operating under a validated HACCP plan in accordance with OAR 603-029-2205(2 may substitute an alternative frequency for the frequency of sampling required under section (1)(b)(C) of this rule if,

(i) The alternative is an integral part of the state-inspected establishment's verification procedures for its HACCP plan and,

(ii) The Department does not determine, and notify the state-inspected establishment in writing, that the alternative frequency is inadequate to verify the effectiveness of the establishment's processing controls.

(E) Sampling in very low volume establishments.

(i) Very low volume establishments annually slaughter no more than 6,000 cattle, 6,000 sheep, 6,000 goats, or a combination of meat animals not exceeding 6,000 cattle and 20,000 total of all meat animals. Very low volume establishments that collect samples by sponging shall collect at least one sample per week, starting the first full week of operation after June 1 of each year, and continue sampling at a minimum of once each week the state-inspected establishment operates until June 1 of the following year or until 13 samples have been collected, whichever comes first. Very low volume establishments collecting samples by excising tissue from carcasses shall collect one sample per week, starting the first full week of operation after June 1 of each year, and continue sampling at a minimum of once each week the establishment operates until one series of 13 tests meets the criteria set forth in paragraph (1)(e)(A) of this rule.

(ii) Upon the state-inspected establishment's meeting requirements of subparagraph (1)(b)(E)(i) of this rule, weekly sampling and testing is optional, unless changes are made in state-inspected establishment facilities, equipment, personnel, or procedures that may affect the adequacy of existing process control measures, as determined by the state-inspected establishment or the Department. Department determinations that changes have been made requiring resumption of weekly testing shall be provided to the state-inspected establishment in writing.

(c) Analysis of samples. Laboratories may use any quantitative method for analysis of E. coli that is approved as an AOAC Official Method of the AOAC International (formerly the Association of Official Analytical Chemists) or approved and published by a scientific body and based on the results of a collaborative trial conducted in accordance with an internationally recognized protocol on collaborative trials and compared against the three tube Most Probable Number (MPN) method and agreeing with the 95 percent upper and lower confidence limit of the appropriate MPN index.

(d) Recording of test results. The state-inspected establishment shall maintain accurate records of all test results, in terms of CFU/cm 2 of surface area sponged or excised. Results shall be recorded onto a process control chart or table showing at least the most recent 13 test results, by type of meat animal slaughtered. Records shall be retained at the state-inspected establishment for a period of 12 months and shall be made available to the Department upon request.

(e) Criteria for evaluation of test results.

(A) A state-inspected establishment excising samples from carcasses is operating within the criteria when the most recent E. coli test result does not exceed the upper limit (M), and the number of samples, if any, testing positive at levels above (m) is three or fewer out of the most recent 13 samples (n) taken, as follows: [Table 603-029-0498(1)(A)]

(B) State-inspected establishments sponging carcasses shall evaluate E. coli test results using statistical process control techniques.

(f) Failure to meet criteria. Test results that do not meet the criteria described in subsection (1)(e) of this rule are an indication that the state-inspected establishment may not be maintaining process controls sufficient to prevent fecal contamination. The Department shall take further action as appropriate to ensure that all applicable provisions of the law are being met.

(g) Failure to test and record. Inspection shall be suspended in accordance with rules of practice that will be adopted for such proceedings upon a finding by the Department that one or more provisions of subsections (1) (a) to (d) of this rule have not been complied with and written notice of same has been provided to the state-inspected establishment.

(2) Pathogen reduction performance standard; Salmonella -

(a) Raw meat product performance standards for Salmonella. A state-inspected establishment's raw meat products, when sampled and tested by the Department for Salmonella, as set forth in this rule, may not test positive for Salmonella at a rate exceeding the applicable pathogen reduction performance standard, as provided in Table 1 to this section: [Table 603-029-0498(2)(a)

(b) Enforcement. The Department will sample and test raw meat products in an individual state-inspected establishment on an unannounced basis to determine prevalence of Salmonella in such products to determine compliance with the standard. The frequency and timing of such testing will be based on the state-inspected establishment's previous test results and other information concerning the state-inspected establishment's performance. In a state-inspected establishment producing more than one class of product subject to the pathogen reduction standard, the Department may sample any or all such classes of products. [3][1]

(c) Noncompliance and establishment response. When the Department determines that a state-inspected establishment has not met the performance standard:

(A) The state-inspected establishment shall take immediate action to meet the standard.

(B) If the state-inspected establishment fails to meet the standard on the next series of compliance tests for that product, the state-inspected establishment shall reassess its HACCP plan for that product and take appropriate corrective actions.

(C) Failure by the state-inspected establishment to act in accordance with paragraph (2)(c)(B) of this rule, or failure to meet the standard on the third consecutive series of Department-conducted tests for that product, constitutes failure to maintain sanitary conditions and failure to maintain an adequate HACCP plan, in accordance with OAR 603-029-2200 to 603-029-2235, for that product, and will cause the Department to suspend inspection services. Such suspension will remain in effect until the state-inspected establishment submits to the Director or his/her designee satisfactory written assurances detailing the action taken to correct the HACCP system and, as appropriate, other measures taken by the state-inspected establishment to reduce the prevalence of pathogens.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0500 Disposal of Diseased or Otherwise Adulterated Carcasses and Parts; General

(1) The carcasses or parts of carcasses of all meat animals slaughtered at a state-inspected establishment and found at the time of slaughter or at any subsequent inspection to be affected with any of the diseases or conditions named in this rule shall be disposed of according to the rule pertaining to the disease or condition: Provided, That no product shall be passed for human food under any such rule unless it is found to be otherwise not adulterated. Products passed for cooking or refrigeration under this rule must be so handled at the state-inspected establishment where they are initially prepared unless they are moved to another establishment for such handling or in the case of products passed for refrigeration are moved for such refrigeration to a freezing facility approved by the Department in specific cases: Provided, That when so moved the products are shipped in containers sealed as provided in OAR 603-029-1420. Owning to the fact that it is impracticable to formulate rules covering every case and to designate at just what stage a disease process or a condition results in adulteration of a product, the decision as to the disposal of all carcasses, organs, or other parts not specifically covered in this part shall be left to the State Veterinarian. The veterinary medical officer shall exercise his judgment regarding the disposition of all carcasses or parts of carcasses under this part in a manner which will insure that only wholesome, unadulterated product is passed for human food.

(2) In cases of doubt as to a condition, a disease, or the cause of a condition, or to confirm a diagnosis, representative specimens of the affected tissues, properly prepared and packaged, shall be sent for examination to the National Veterinary Services Laboratories or other pathology laboratory approved in advance by the Department.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 593.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0502 Tuberculosis

The following principles shall apply to the disposition of carcasses of meat animals based on the difference in the pathogenesis of tuberculosis in swine, cattle, sheep, and goats.

(1) Carcasses condemned. The entire carcass of swine, cattle, sheep, and goats shall be condemned if any of the following conditions occur:

(a) When the lesions of tuberculosis are generalized (tuberculosis is considered to be generalized when the lesions are distributed in a manner made possible only by entry of the bacilli into the systemic circulation);

(b) When on ante mortem inspection the meat animal is observed to have a fever found to be associated with an active tuberculosis lesion on post mortem inspection;

(d) When a tuberculosis lesion is found in any muscle or intermuscular tissue, or bone, or joint, or abdominal organ (excluding the gastrointestinal tract) or in any lymph node as a result of draining a muscle, bone, joint, or abdominal organ (excluding the gastrointestinal tract);

(e) When the lesions are extensive in tissues of either the thoracic or the abdominal cavity;

(f) When the lesions are multiple, acute, and actively progressive; or

(g) When the character or extent of the lesions otherwise is not indicative of a localized condition.

(2) Organs or other parts condemned. An organ or other part of a swine, cattle, sheep, or goat carcass affected by localized tuberculosis shall be condemned when it contains lesions of tuberculosis or when the corresponding lymph node contains lesions of tuberculosis.

(3) Carcasses of cattle passed without restriction for human food. Carcasses of cattle may be passed without restriction for human food only when the carcass of a meat animal not identified as a reactor to a tuberculin test administered by the State Veterinarian or their designee is found free of tuberculosis lesions during postmortem inspection.

(4) Portions of carcasses and carcasses of cattle passed for cooking.

(a) When a cattle carcass reveals a tuberculosis lesion or lesions not so severe or so numerous as the lesions described in section (1) of this rule, the unaffected portion of the carcass may be passed for cooking in accordance with OAR 603-029-0880 to 603-029-0890; if the character and extent of the lesions indicate a localized condition, and if the lesions are calcified or encapsulated, and provided the affected organ or other part is condemned.

(b) When the carcass of a cattle identified as a reactor to a tuberculin test administered by the State Veterinarian or their designee is found free of lesions of tuberculosis, the carcass may be passed for cooking in accordance with OAR 603-029-0880 to 603-029-0890.

(5) Portions of carcasses and carcasses of swine passed without restriction for human food. Swine carcasses found free of tuberculosis lesions during post mortem inspection may be passed for human food without restriction. When tuberculosis lesions in any swine carcass are localized and confined to one primary seat of infection, such as the cervical lymph nodes, the mesenteric lymph nodes, or the mediastinal lymph nodes, the unaffected portion of the carcass may be passed for human food without restriction after the affected organ or other part is condemned.

(6) Portions of carcasses of swine passed for cooking. When the carcass of any swine reveals lesions more severe or more numerous than those described in section (5) of this rule, but not so severe or so numerous as the lesions described in section (1) of this rule, the unaffected portions of such carcass may be passed for cooking in accordance with OAR 603-029-0880 to 603-029-0890; if the character and extent of the lesions indicate a localized condition, and if the lesions are calcified or encapsulated, and provided the affected organ or other part is condemned.

(7) Carcasses of sheep and goats passed without restriction for human food. Carcasses of sheep and goats may be passed without restriction for human food only if found free of tuberculosis lesions during post-mortem inspection.

(8) Portions of carcasses of sheep and goats passed for cooking. If a carcass of any sheep or goat reveals a tuberculosis lesion or lesions that are not so severe or so numerous as the lesions described in section (1) of this rule, the unaffected portion of the carcass may be passed for cooking in accordance with OAR 603-029-0880 to 603-029-0890; if the character and extent of the lesions indicate a localized condition, and if the lesions are calcified or encapsulated, and provided the affected organ or other part is condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0504 Hog Cholera

(1) The carcasses of all hogs affected with hog cholera shall be condemned.

(2) Inconclusive but suspicious symptoms of hog cholera observed during the ante-mortem inspection of an Oregon suspect shall be duly considered in connection with post-mortem findings and when the carcass of such a suspect shows lesions in the kidneys and the lymph nodes which resemble lesions of hog cholera, they shall be regarded as those of hog cholera and the carcass shall be condemned.

(3) When lesions resembling those of hog cholera occur in kidneys and lymph nodes of carcasses of hogs which appeared normal on ante-mortem inspection, further inspection of such carcasses shall be made for corroborative lesions. If on such further inspection, characteristic lesions of hog cholera are found in some organ or tissue in addition to those in the kidneys or in the lymph nodes or in both, then all lesions shall be regarded as those of hog cholera and the carcass shall be condemned. Immediate notification shall be given by the inspector to the State Veterinarian.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0507 Swine Erysipelas

Carcasses affected with swine erysipelas which is acute or generalized, or which show systemic change, shall be condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0508 Diamond-Skin Disease

Carcasses of hogs affected with diamond-skin disease when localized and not associated with systemic change may be passed for human food after removal and condemnation of the affected parts, provided such carcasses are otherwise healthy.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0510 Arthritis

(1) Carcasses affected with arthritis which is localized and not associated with systemic change may be passed for human food after removal and condemnation of all affected parts. Affected joints with corresponding lymph nodes shall be removed and condemned. In order to avoid contamination of the meat which is passed, a joint capsule shall not be opened until after the affected joint is removed.

(2) Carcasses affected with arthritis shall be condemned when there is evidence of systemic involvement.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0512 Cattle Carcasses Affected with Anasarca or Generalized Edema

(1) Carcasses of cattle found on post-mortem inspection to be affected with anasarca in advanced stages and characterized by an extensive or well-marked generalized edema shall be condemned.

(2) Carcasses of cattle, including their detached organs and other parts, found on post-mortem inspection to be affected with anasarca to a lesser extent than as described in section (1) of this rule may be passed for human food after removal and condemnation of the affected tissues, provided the lesion is localized.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0514 Actinomycosis and Actinobacillosis

(1) The definition of generalization as outlined for tuberculosis in OAR 603-029-0502(1) shall apply for actinomycosis and actinobacillosis, and carcasses of meat animals with generalized lesions of either such disease shall be condemned.

(2) Carcasses of meat animals in a well-nourished condition showing uncomplicated localized lesions of actinomycosis or actinobacillosis may be passed for human food after the infected organs or other infected parts have been removed and condemned, except as provided in sections (3) and (4) of this rule.

(3) Heads affected with actinomycosis or actinobacillosis, including the tongue, shall be condemned, except that when the disease of the jaw is slight, strictly localized, and without suppuration, fistulous tracts, or lymph node involvement, the tongue, if free from disease, may be passed, or, when the disease is slight and confined to the lymph nodes, the head including the tongue, may be passed for human food after the affected nodes have been removed and condemned.

(4) When the disease is slight and confined to the tongue, with or without involvement of the corresponding lymph nodes, the head may be passed for human food after removal and condemnation of the tongue and corresponding lymph nodes.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0516 Anaplasmosis, Anthrax, Babesiosis, Bacillary Hemoglobinuria (Cattle), Blackleg, Bluetongue, Hemorrhagic Septicemia, Icterohematuria (Sheep), Infectious Bovine Rhinotracheitis, Leptospirosis, Malignant Epizootic Catarrh, Strangles, Purpura Hemorrhagica, Azoturia, Infectious Equine Encephalomyelitis, Toxic Encephalomyelitis, Infectious Anemia, Dourine, Acute Influenza, Generalized Osteoporosis, Glanders, Acute Inflammatory Lameness, Extensive Fistula, Unhealed Vaccine Lesions

(1) Carcasses of meat animals affected with or showing lesions of any of the following named diseases or conditions shall be condemned:

(a) Anthrax.

(b) Blackleg.

(d) Strangles.

(e) Purpura hemorrhagica.

(f) Azoturia.

(g) Infectious equine encephalomyelitis.

(h) Toxic encephalomyelitis (forage poisoning).

(i) Infectious anemia (swamp fever).

(j) Dourine.

(k) Acute influenza.

(l) Generalized osteoporosis.

(m) Glanders (farcy).

(n) Acute inflammatory lameness.

(o) Extensive fistula.

(2) Carcasses of meat animals affected with or showing lesions of any of the following named diseases or conditions shall be condemned, except when recovery has occurred to the extent that only localized lesions persist, in which case the carcass may be passed for human food after removal and condemnation of the affected organs or other parts:

(a) Anaplasmosis.

(b) Bacillary hemoglobinuria in cattle.

(d) Bluetongue.

(e) Hemorrhagic septicemia.

(f) Icterohematuria in sheep.

(g) Infectious bovine rhinotracheitis.

(h) Leptospirosis.

(i) Malignant epizootic catarrh.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0518 Neoplasms

(1) An individual organ or other part of a carcass affected with a neoplasm shall be condemned. If there is evidence of metastasis or that the general condition of the meat animal has been adversely affected by the size, position, or nature of the neoplasm, the entire carcass shall be condemned.

(2) Carcasses affected with malignant lymphoma shall be condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0520 Epithelioma of the Eye

(1) Carcasses of meat animals affected with epithelioma of the eye, or the orbital region shall be condemned in their entirety if one of the following three conditions exists:

(a) The affection has involved the osseous structures of the head with extensive infection, suppuration, and necrosis;

(b) There is metastasis from the eye, or the orbital region, to any lymph node including the parotid lymph node, internal organs, muscles, skeleton, or other structures, regardless of the extent of the primary tumor; or

(2) Carcasses of meat animals affected with epithelioma of the eye, or the orbital region, to a lesser extent than as described in section (1) of this rule may be passed for human food after removal and condemnation of the head, including the tongue, provided the carcass is otherwise normal.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0522 Pigmentary Conditions; Melanosis, Xanthosis, Ochronosis, etc

(1) Except as provided in OAR 603-029-0534, carcasses of livestock showing generalized pigmentary deposits shall be condemned.

(2) The affected parts of carcasses showing localized pigmentary deposits of such character as to be unwholesome or otherwise adulterated shall be removed and condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0524 Abrasions, Bruises, Abscesses, Pus, etc.

All slight, well-limited abrasions on the tongue and inner surface of the lips and mouth, when without lymph node involvement, shall be carefully excised, leaving only sound, normal tissue, which may be passed for human food. Any organ or other part of a carcass which is badly bruised or which is affected by an abscess, or a suppurating sore shall be condemned; and when the lesions are of such character or extent as to affect the whole carcass, the whole carcass shall be condemned. Portions of carcasses which are contaminated by pus or other diseased material shall be condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0526 Brucellosis

Carcasses affected with localized lesions of brucellosis may be passed for human food after the affected parts are removed and condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0528 Carcasses so Infected that Consumption of the Meat may Cause Food Poisoning

(1) All carcasses of meat animals so infected that consumption of the products thereof may give rise to food poisoning shall be condemned. This includes all carcasses showing signs of:

(a) Acute inflammation of the lungs, pleura, pericardium, peritoneum, or meninges.

(b) Septicemia or pyemia, whether puerperal, traumatic, or without any evident cause.

(d) Acute diffuse metritis or mammitis.

(e) Phlebitis of the umbilical veins.

(f) Septic or purulent traumatic pericarditis.

(g) Any acute inflammation, abscess, or suppurating sore, if associated with acute nephritis, fatty and degenerated liver, swollen soft spleen, marked pulmonary hyperemia, general swelling of lymph nodes, diffuse redness of the skin, cachexia, icteric discoloration of the carcass or similar condition, either singly or in combination.

(h) Salmonellosis.

(2) Implements contaminated by contact with carcasses affected with any of the disease conditions mentioned in this rule shall be thoroughly cleaned and sanitized. The equipment used in the dressing of such carcasses, such as viscera trucks or inspection tables, shall be sanitized with hot water having a minimum temperature of 180 °F. Carcasses or parts of carcasses contaminated by contact with such diseased carcasses shall be condemned unless all contaminated tissues are removed within 2 hours.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0530 Necrobacillosis, Pyemia, and Septicemia

From the standpoint of meat inspection, necrobacillosis may be regarded as a local infection at the beginning, and carcasses in which the lesions are localized may be passed for human food if in a good state of nutrition, after those portions affected with necrotic lesions are removed and condemned. However, when emaciation, cloudy swelling of the parenchymatous tissue of organs or enlargement of the lymph nodes is associated with the infection, it is evident that the disease has progressed beyond the condition of localization to a state of toxemia, and the entire carcass shall therefore be condemned as both unwholesome and noxious. Pyemia or septicemia may intervene as a complication of the local necrosis, and when present the carcass shall be condemned in accordance with OAR 603-029-0528.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0532 Caseous Lymphadenitis

(1) A thin carcass showing well-marked lesions in the viscera and the skeletal lymph nodes, or a thin carcass showing extensive lesions in any part shall be condemned.

(2) A thin carcass showing well-marked lesions in the viscera with only slight lesions elsewhere or showing well-marked lesions in the skeletal lymph nodes with only slight lesions elsewhere may be passed for cooking.

(3) A thin carcass showing only slight lesions in the skeletal lymph nodes and in the viscera may be passed for human food without restriction.

(4) A well-nourished carcass showing well-marked lesions in the viscera and with only slight lesions elsewhere or showing well-marked lesions confined to the skeletal lymph nodes with only slight lesions elsewhere may be passed for human food without restriction.

(5) A well-nourished carcass showing well-marked lesions in the viscera and the skeletal lymph nodes may be passed for cooking; but where the lesions in a well-nourished carcass are both numerous and extensive, it shall be condemned.

(6) All affected organs and nodes of carcasses passed for human food without restriction or passed for cooking shall be removed and condemned.

(7) As used in this rule, the term “thin” does not apply to a carcass which is anemic or emaciated; and the term “lesions” refers to lesions of caseous lymphadenitis.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0534 Icterus

Carcasses showing any degree of icterus shall be condemned. Yellow fat conditions caused by nutritional factors or characteristic of certain breeds of meat animals and yellow fat sometimes seen in sheep shall not be confused with icterus. Such carcasses should be passed for human food, if otherwise normal.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0536 Sexual Odor of Swine

(1) Carcasses of swine which give off a pronounced sexual odor shall be condemned.

(2) The meat of swine carcasses which give off a sexual odor less than pronounced may be passed for use in comminuted cooked meat food product or for rendering. Otherwise, it shall be condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0538 Mange or Scab

Carcasses of meat animals affected with mange or scab in advanced stages, showing cachexia or extensive inflammation of the flesh, shall be condemned. When the disease is slight, the carcass may be passed after removal of the affected portion.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0540 Hogs Affected with Urticaria, Tinea Tonsurans, Demodex Follicurlorum, or Erythema

Carcasses of hogs affected with urticaria (nettle rash), tinea tonsurans, demodex folliculorum, or erythema may be passed for human food after detaching and condemning the affected skin, if the carcass is otherwise not adulterated.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0542 Tapeworm Cysts (Cysticercus Bovis) in Cattle

(1) Except as provided in section (2) of this rule, carcasses of cattle affected with lesions of cysticercus bovis shall be disposed of as follows:

(a) Carcasses of cattle displaying lesions of cysticercus bovis shall be condemned if the infestation is extensive or if the musculature is edematous or discolored. Carcasses shall be considered extensively infested if in addition to finding lesions in at least two of the usual inspection sites, namely the heart, diaphragm and its pillars, muscles of mastication, esophagus, tongue, and musculature exposed during normal dressing operations, they are found in at least two of the sites exposed by

(A) an incision made into each round exposing the musculature in cross section, and

(B) a transverse incision into each forelimb commencing 2 or 3 inches above the point of the olecranon and extending to the humerus.

(b) Carcasses of cattle showing one or more tapeworm lesions of cysticercus bovis but not so extensive as indicated in section (1)(a) of this rule, as determined by a careful examination, including examination of, but not limited to, the heart, diaphragm and its pillars, muscles of mastication, esophagus, tongue, and musculature exposed during normal dressing operations, may be passed for human food after removal and condemnation of the lesions with surrounding tissues: Provided, That the carcasses, appropriately identified by retained tags, are held in cold storage under positive control of a Department inspector at a temperature not higher than 15 °F. continuously for a period of not less than 10 days, or in the case of boned meat derived from such carcasses, the meat, when in boxes, tierces, or other containers, appropriately identified by retained tags, is held under positive control of a Department inspector at a temperature of not higher than 15 °F. continuously for a period of not less than 20 days. As an alternative to retention in cold storage as provided in this subsection, such carcasses and meat may be heated throughout to a temperature of at least 140 °F. under positive control of a Department inspector.

(2) Edible viscera and offal shall be disposed of in the same manner as the rest of the carcass from which they were derived unless any lesion of cysticercus bovis is found in these byproducts, in which case they shall be condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0544 Hogs Affected with Tapeworm Cysts

Carcasses of hogs affected with tapeworm cysts (Cysticercus cellulosae) may be passed for cooking, unless the infestation is excessive, in which case the carcass shall be condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0546 Parasites not Transmissible to Man; Tapeworm Cysts in Sheep; Hydatid Cysts; Flukes; Gid Bladder-Worms.

(1) In the disposal of carcasses, edible organs, and other parts of carcasses showing evidence of infestation with parasites not transmissible to humans, the following general rules shall govern except as otherwise provided in this rule: If the lesions are localized in such manner and are of such character that the parasites and the lesions caused by them can be completely removed, the nonaffected portion of the carcass, organ, or other part of the carcass may be passed for human food after the removal and condemnation of the affected portions. If an organ or other part of a carcass shows numerous lesions caused by parasites, or if the character of the infestation is such that complete extirpation of the parasitic infestation or invasion renders the part in any way unfit for human food, the affected part shall be condemned. If parasites are found to be distributed in a carcass in such a manner or to be of such character that their removal and the removal of the lesions caused by them is impracticable, no part of the carcass shall be passed for human food. If the infestation is excessive, the carcass shall be condemned. If the infestation is moderate, the carcass may be passed for cooking, but in case such carcass is not cooked as required by OAR 603-029-0880 to 603-029-0890, it shall be condemned.

(2) In the case of sheep carcasses affected with tapeworm cysts (Cysticercus ovis, so-called sheep measles, not transmissible to humans), such carcasses may be passed for human food after the removal and condemnation of the affected portions: Provided, however, That if, upon the final inspection of sheep carcasses retained on account of measles, the total number of cysts found embedded in muscular tissue, or in immediate relation with muscular tissue, excluding the heart, exceeds five, the entire carcass shall be condemned, or such carcass shall be heated throughout to a temperature of at least 140 °F. after removal and condemnation of all affected portions.

(3) Carcasses found infested with gid bladder-worms (Coenurus cerebralis, Multiceps multiceps) may be passed for human food after condemnation of the affected organ (brain or spinal cord).

(4) Organs or other parts of carcasses infested with hydatid cysts (echinococus) shall be condemned.

(5) Livers infested with flukes or fringed tapeworms shall be condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0548 Emaciation

Carcasses of meat animals too emaciated to produce wholesome meat, and carcasses which show a serous infiltration of muscle tissues, or a serous or mucoid degeneration of the fatty tissue, shall be condemned. A gelatinous change of the fat of the heart and kidneys of well-nourished carcasses and mere leanness shall not be classed as emaciation.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0550 Injured Meat Animals Slaughtered at Unusual Hours

When it is necessary for humane reasons to slaughter an injured meat animal at night or on Sunday or a holiday when the inspector cannot be obtained, the carcass and all parts of all meat animals except for cattle shall be kept for inspection, with the head and all viscera except the stomach, bladder, and intestines held by the natural attachments. If all parts are not so kept for inspection, the carcass shall be condemned. If, on inspection of a carcass slaughtered in the absence of an inspector, any lesion or other evidence is found indicating that the meat animal was sick or diseased, or affected with any other condition requiring condemnation of the meat animal on ante-mortem inspection, or if there is lacking evidence of the condition which rendered emergency slaughter necessary, the carcass shall be condemned. The parts and carcasses of cattle slaughtered in the absence of an inspector shall not be used for human food.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0552 Carcasses of Young Calves, Pigs, Kids, Lambs, and Foals

Carcasses of young calves, pigs, kids, and lambs are unwholesome and shall be condemned if:

(1) the meat has the appearance of being water-soaked, is loose, flabby, tears easily, and can be perforated with the fingers; or

(2) its color is grayish-red; or

(3) good muscular development as a whole is lacking, especially noticeable on the upper shank of the leg, where small amounts of serous infiltrates or small edematous patches are sometimes present between the muscles; or

(4) the tissue which later develops as the fat capsule of the kidneys is edematous, dirty yellow, or grayish-red, tough, and intermixed with islands of fat.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0554 Unborn and Stillborn Meat Animals

All unborn and stillborn meat animals shall be condemned and no hide or skin thereof shall be removed from the carcass within a room in which edible products are handled.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0556 Meat Animals Suffocated and Hogs Scalded Alive

All meat animals which have been suffocated in any way and hogs which have entered the scalding vat alive shall be condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0558 Livers Affected with Carotenosis; Livers Designated as “Telangiectatic,” “Sawdust,” Or “Spotted”

(1) Livers affected with carotenosis shall be condemned.

(2) Cattle livers and calf livers showing the conditions sometimes designated as “telangiectatic,” “sawdust,” or “spotted” shall be disposed of as follows:

(a) When any or all of the conditions are slight in the organ, the whole organ shall be passed for human food without restriction.

(b) When any or all of the conditions are more severe than slight and involve less than one-half of the organ, while in the remainder of the organ the conditions are slight or nonexistent, the remainder shall be passed for human food without restriction and the other portion shall be condemned.

(c) When any or all of the conditions are more severe than slight and involve one-half or more of the organ, the whole organ shall be condemned.

(d) The divisions of an organ into two parts as contemplated in this section for disposition, shall be accomplished by one cut through the organ. This, of course, does not prohibit incisions which are necessary for inspection.

(e) “Telangiectatic,” “sawdust,” or “spotted” livers and parts of livers which are condemned for human food may be shipped from a state-inspected establishment for purposes other than human food in accordance with OAR 603-029-0845.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0560 Vesicular Diseases

(1) Any carcass affected with vesicular disease shall be condemned if the condition is acute and if the extent of the condition is such that it affects the entire carcass or there is evidence of absorption or secondary change.

(2) Any carcass affected with vesicular disease to a lesser extent than as described in section (1) of this rule may be passed for human food after removal and condemnation of the affected parts, if the carcass is otherwise healthy.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0562 Listeriosis

Carcasses of livestock identified as Oregon Suspects because of a history of listeriosis shall be passed for human food after condemnation of the head if the carcass is otherwise normal.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0564 Anemia

Carcasses of meat animals too anemic to produce wholesome meat shall be condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0566 Muscular Inflammation, Degeneration, or Infiltration

(1) If muscular lesions are found to be distributed in such a manner or to be of such character that removal is impractical, the carcass shall be condemned.

(2) If muscular lesions are found to be distributed in such a manner or to be of such character that removal is practical, the following rules shall govern the disposal of the carcasses, edible organs, and other parts of carcasses showing such muscular lesions. If the lesions are localized in such a manner and are of such a character that the affected tissues can be removed, the nonaffected parts of the carcass may be passed for human food after the removal and condemnation of the affected portion. If a part of the carcass shows numerous lesions, or if the character of the lesion is such that complete extirpation is difficult and uncertainly accomplished, or if the lesion renders the part in any way unfit for human food, the part shall be condemned.

(3) If the lesions are slight or of such character as to be insignificant from a standpoint of wholesomeness, the carcass or parts may be passed for use in the manufacture of comminuted cooked product, after removal and condemnation of the visibly affected portions.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0568 Coccidioidal Granuloma

(1) Carcasses which are affected with generalized coccidioidal granuloma or which show systemic changes because of such disease shall be condemned.

(2) Carcasses affected with localized lesions of this disease may be passed for human food after the affected parts are removed and condemned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0570 Odors, Foreign and Urine

(1) Carcasses which give off a pronounced odor of medicinal, chemical, or other foreign substance shall be condemned.

(2) Carcasses which give off a pronounced urine odor shall be condemned.

(3) Carcasses, organs, or parts affected by odor to a lesser degree than as described in sections (1) and (2) of this rule and in which the odor can be removed by trimming or chilling may be passed for human food, after removal of affected parts or dissipation of the condition.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 649.046
Statutes/Other Implemented: ORS 619.042, ORS 649.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0572 Meat and Meat Byproducts from Meat Animals Which Have Been Exposed to Radiation

Meat and meat byproducts from meat animals which have been administered radioactive material shall be condemned unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0574 Biological Residues

Carcasses, organs, or other parts of carcasses of meat animals shall be condemned if it is determined that they are adulterated because of the presence of any biological residues.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0600 General

The marks, devices, and certificates prescribed or referenced in this part shall be Oregon marks, devices, and certificates for purposes of this Division 29, and shall be used in accordance with the provisions of OAR 603-029-0600 to 603-029-0620 and the regulations cited therein.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0610 Oregon Marks and Devices to Identify Inspected and Passed Products of Cattle, Sheep, Swine, or Goats.

(1) The Oregon inspection legend required by OAR 603-029-0900 to 603-029-0970 to be applied to inspected and passed carcasses and parts of carcasses of cattle, sheep, swine and goats, meat food products in animal casings, and other products as approved by the Department, shall be in the appropriate form as hereinafter specified: [Image 1, 603-029-0610(a)]

(a) For application to sheep carcasses, the loins and ribs of pork, beef tails, and the smaller varieties of sausage and meat food products in animal casings. [Image 2, 603-029-0610(a)]

(b) For application to calf and goat carcasses and on the larger varieties of sausage and meat food products in animal casings. [Image 3, 603-029-0610(a)]

(c) For application to beef and hog carcasses primal parts and cuts therefrom, beef livers, beef tongues, beef hearts, and smoked meats not in casings. [Image 4, 603-029-0610(a)]

(d) For application to burlap, muslin, cheesecloth, heavy paper, or other acceptable material that encloses carcasses or parts of carcasses.

(2)(a) The Oregon inspection legend required by OAR 603-029-1000 to 603-029-1058 to be shown on all labels for inspected and passed products of cattle, sheep, swine, and goats shall be in the following form except that it need not be of the size illustrated, provided that it is a sufficient size and of such color as to be conspicuously displayed and readily legible and the same proportions of letter size and boldness are maintained as illustrated: [Image 5, 603-029-0610(b)(1)]

(b) This Oregon mark shall be applied by mechanical means and shall not be applied by a hand stamp.

(c) The Oregon inspection legend described in section (2)(a) of this rule may also be used for purposes of OAR 603-029-0900 to 603-029-0970 on shipping containers, band labels, artificial casings, and other articles with the approval of the Department.

(3) Any brand, stamp, label, or other device approved by the Department and bearing any Oregon mark prescribed in section (a) or (b) of this rule shall be an Oregon device for purposes of this Division 29.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0615 Oregon Ante-Mortem Inspection Marks and Devices

The Oregon marks and devices used in connection with ante-mortem inspection are those prescribed in OAR 603-029-0390.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0620 Oregon Marks and Devices in Connection with Post-Mortem Inspection and Identification of Adulterated Products and Insanitary Equipment and Facilities

(1) The Oregon marks required by OAR 603-029-0400 to 603-029-0498 and OAR 603-029-2100 to 603-029-2175 for use in post-mortem inspection and identification of adulterated products and insanitary equipment and facilities are:

(a) The Oregon tag which is used to retain carcasses and parts of carcasses in the slaughter department; it is black and white, and bears the legend “Oregon Retained.”

(b) The “Oregon Retained” mark which is applied to products and articles as prescribed in OAR 603-029-0400 to 603-029-0498 by means of a paper tag bearing the legend “Oregon Retained.”

(c) The “Oregon Rejected” mark which is used to identify insanitary buildings, rooms, or equipment as prescribed in OAR 603-029-2100 to 603-029-2175 and is applied by means of a paper tag (Form MP-35) bearing the legend “Oregon Rejected.”

(d) The “Oregon Passed for Cooking” mark is applied on products passed for cooking as prescribed in OAR 603-029-0400 to 603-029-0498 by means of a brand and is in the following form: [Image 1, 603-029-0620(a)(4)]

(e) The “Oregon Inspected and Condemned” mark shall be applied to products condemned as prescribed in OAR 603-029-0400 to 603-029-0498 by means of a brand and is in the following form: [Image 2, 603-029-0620(a)(5)]

(2) The “Oregon Retained” and “Oregon Rejected” tags, and all other brands, stamps, labels, and other devices approved by the Department and bearing any Oregon mark prescribed in section (a) of this rule, shall be Oregon devices for purposes of this Division 29.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0625 Official Seals for Transportation of Products

The official mark for use in sealing railroad cars or other means of conveyance as prescribed in OAR 603-029-1400 to 603-029-1480 shall be the inscription and a serial number as hereinafter shown [2] and any seal approved by the Director for applying such mark shall be an official device for purposes of this Division 29. This seal shall be attached to the means of conveyance only by a Department employee. [Image 1, 603-029-0625]

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0700 Meat Animal Pens, Driveways and Ramps

(1) Meat animal pens, driveways and ramps shall be maintained in good repair. They shall be free from sharp or protruding objects which may, in the opinion of the inspector, cause injury or pain to the animals. Loose boards, splintered or broken planking, and unnecessary openings where the head, feet, or legs of an animal may be injured shall be repaired.

(2) Floors of meat animal pens, ramps, and driveways shall be constructed and maintained so as to provide good footing for meat animals. Slip resistant or waffled floor surfaces, cleated ramps and the use of sand, as appropriate, during winter months are examples of acceptable construction and maintenance.

(3) Oregon Suspects (as defined in OAR 603-029-0010(52)) and dying, diseased, and disabled meat animals (as defined in OAR 603-029-0010 (25)) shall be provided with a covered pen sufficient, in the opinion of the inspector, to protect them from the adverse climatic conditions of the locale while awaiting disposition by the inspector.

(4) Meat animal pens and driveways shall be so arranged that sharp corners and direction reversal of driven animals are minimized.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 613.065
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0705 Handling of Meat Animals

(1) Driving of meat animals from the unloading ramps to the holding pens and from the holding pens to the stunning area shall be done with a minimum of excitement and discomfort to the animals. Meat animals shall not be forced to move faster than a normal walking speed.

(2) Electric prods, canvas slappers, or other implements employed to drive meat animals shall be used as little as possible in order to minimize excitement and injury. Any use of such implements which, in the opinion of the inspector, is excessive, is prohibited. Electrical prods attached to AC house current shall be reduced by a transformer to the lowest effective voltage not to exceed 50 volts AC.

(3) Pipes, sharp or pointed objects, and other items which, in the opinion of the inspector, would cause injury or unnecessary pain to the animal shall not be used to drive meat animals.

(4) Disabled meat animals and other meat animals unable to move.

(a) Disabled meat animals shall be separated from normal ambulatory meat animals and placed in the covered pen provided for in OAR 603-029-0700(3).

(b) The dragging of disabled meat animals, while conscious, is prohibited. Stunned meat animals may, however, be dragged.

(c) Disabled meat animals and other meat animals unable to move may be moved, while conscious, on equipment suitable for such purposes; e.g., stone boats.

(5) Meat animals shall have access to water in all holding pens and, if held longer than 24 hours, access to feed. There shall be sufficient room in the holding pen for meat animals held overnight to lie down.

(6) Stunning methods approved in OAR 603-029-0728 shall be effectively applied to meat animals prior to their being shackled, hoisted, thrown, cast, or cut.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0710 Chemical; Carbon Dioxide

The slaughtering of sheep, calves and swine with the use of carbon dioxide gas and the handling in connection therewith, in compliance with the provisions contained in this rule, are hereby designated and approved as humane methods of slaughtering and handling of such animals.

(1) Administration of gas, required effect; handling.

(a) The carbon dioxide gas shall be administered in a chamber in accordance with this rule so as to produce surgical anesthesia in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be exposed to the carbon dioxide gas in a way that will accomplish the anesthesia quickly and calmly, with a minimum of excitement and discomfort to the animals. In swine, carbon dioxide may be administered to induce death in the animals before they are shackled, hoisted, thrown, cast, or cut.

(b) The driving or conveying of the animals to the carbon dioxide chamber shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the anesthesia chamber is essential since the induction, or early phase, of anesthesia is less violent with docile animals. Among other things this requires that, in driving animals to the anesthesia chamber, electrical equipment be used as little as possible and with the lowest effective voltage.

(c) On emerging from the carbon dioxide tunnel, the animals shall be in a state of surgical anesthesia and shall remain in this condition throughout shackling, sticking, and bleeding, except for swine in which death has been induced by the administration of carbon dioxide. Asphyxia or death from any cause shall not be produced in animals before bleeding, except for swine in which death has been induced by the administration of carbon dioxide.

(2) Facilities and procedures.

(a) General requirements for gas chambers and auxiliary equipment; operator.

(A) The carbon dioxide gas shall be administered in a tunnel which is designed to permit the effective exposure of the animal. Two types of tunnels, based on the same principle, are in common use for carbon dioxide anesthesia. They are the “U” type tunnel and the “Straight Line” type tunnel, and are based on the principle that carbon dioxide gas has a higher specific gravity than air. The tunnels are open at both ends for entry and exit of animals and have a depressed central section. Anesthetizing, or, in the case of swine, death-inducing, carbon dioxide concentrations are maintained in the central sections of the tunnels. Effective anaesthetization is produced in these central sections. Animals are driven from holding pens through pathways constructed of large-diameter pipe or smooth metal and onto continuous conveyor devices that move the animals through the tunnels. The animals are either compartmentalized on the conveyors by mechanical impellers synchronized with the conveyor or they are otherwise prevented from crowding. While impellers are used to compartmentalize the animals, mechanically or manually operated gates are used to move the animals onto the conveyors. Surgically anaesthetized animals, or killed swine, are moved out of the tunnels by the same continuous conveyors that moved them into and through the carbon dioxide gas.

(B) Flow of animals into and through the carbon dioxide chamber is dependent on one operator. The operation or stoppage of the conveyor is entirely dependent upon this operator. It is necessary that the operator be skilled, attentive, and aware of the operator’s responsibility. Overdosages and death of animals can be brought about by carelessness of this individual.

(b) Special requirements for gas chamber and auxiliary equipment. The ability of anesthetizing equipment to perform with maximum efficiency is dependent on its proper design and efficient mechanical operation. Pathways, compartments, gas chambers, and all other equipment used must be designed to accommodate properly the species of animals being anesthetized. They shall be free from pain-producing restraining devices. Injury of animals must be prevented by the elimination of sharp projections or exposed wheels or gears. There shall be no unnecessary holes, spaces or openings where feet or legs of animals may be injured. Impellers or other devices designed to mechanically move or drive animals or otherwise keep them in motion or compartmentalized shall be constructed of flexible or well-padded rigid material. Power activated gates designed for constant flow of animals to anesthetizing equipment shall be so fabricated that they will not cause injury. All equipment involved in anesthetizing animals shall be maintained in good repair.

(c) Gas. Maintenance of a uniform carbon dioxide concentration and distribution in the anesthesia chamber is a vital aspect of producing surgical anesthesia. This may be assured by reasonably accurate instruments which sample and analyze carbon dioxide gas concentration within the chamber throughout anesthetizing operations. Gas concentration shall be maintained uniform so that the degree of anesthesia in exposed animals will be constant. Carbon dioxide gas supplied to anesthesia chambers may be from controlled reduction of solid carbon dioxide or from a controlled liquid source. In either case the carbon dioxide shall be supplied at a rate sufficient to anesthetize adequately and uniformly the number of animals passing through the chamber. Sampling of gas for analysis shall be made from a representative place or places within the chamber and on a continuing basis. Gas concentrations and exposure time shall be graphically recorded throughout each day's operation. Neither carbon dioxide nor atmospheric air used in the anesthesia chambers shall contain noxious or irritating gases. Each day before equipment is used for anesthetizing animals, proper care shall be taken to mix adequately the gas and air within the chamber. All gas producing and control equipment shall be maintained in good repair and all indicators, instruments, and measuring devices must be available for inspection by Program inspectors during anesthetizing operations and at other times. An exhaust system must be provided so that, in case of equipment failure, non-uniform carbon dioxide concentrations in the gas tunnel or contamination of the ambient air of the establishment will be prevented.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0715 Mechanical; Captive Bolt

The slaughtering of meat animals by using captive bolt stunners and the handling in connection therewith, in compliance with the provisions contained in this rule, are hereby designated and approved as humane methods of slaughtering and handling of such meat animals.

(1) Application of stunners, required effect; handling.

(a) The captive bolt stunners shall be applied to the meat animals in accordance with this rule so as to produce immediate unconsciousness in the animals before they are shackled, hoisted, thrown, cast, or cut. The meat animals shall be stunned in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort.

(b) The driving of the meat animals to the stunning area shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the stunning areas is essential since accurate placement of stunning equipment is difficult on nervous or injured animals. Among other things, this requires that, in driving animals to the stunning areas, electrical equipment be used as little as possible and with the lowest effective voltage.

(c) Immediately after the stunning blow is delivered the meat animals shall be in a state of complete unconsciousness and remain in this condition throughout shackling, sticking and bleeding.

(2) Facilities and procedures.

(a) General requirements for stunning facilities; operator.

(A) Acceptable captive bolt stunning instruments may be either skull penetrating or nonpenetrating. The latter type is also described as a concussion or mushroom type stunner. Penetrating instruments on detonation deliver bolts of varying diameters and lengths through the skull and into the brain. Unconsciousness is produced immediately by physical brain destruction and a combination of changes in intracranial pressure and acceleration concussion. Nonpenetrating or mushroom stunners on detonation deliver a bolt with a flattened circular head against the external surface of the animal's head over the brain. Diameter of the striking surface of the stunner may vary as conditions require. Unconsciousness is produced immediately by a combination of acceleration concussion and changes in intracranial pressures. A combination instrument utilizing both penetrating and nonpenetrating principles is acceptable. Energizing of instruments may be accomplished by detonation of measured charges of gunpowder or accurately controlled compressed air. Captive bolts shall be of such size and design that, when properly positioned and activated, immediate unconsciousness is produced.

(B) To assure uniform unconsciousness with every blow, compressed air devices must be equipped to deliver the necessary constant air pressure and must have accurate, constantly operating air pressure gauges. Gauges must be easily read and conveniently located for use by the stunning operator and the inspector. For purposes of protecting employees, inspectors, and others, it is desirable that any stunning device be equipped with safety features to prevent injuries from accidental discharge. Stunning instruments must be maintained in good repair.

(C) The stunning area shall be so designed and constructed as to limit the free movements of animals sufficiently to allow the operator to locate the stunning blow with a high degree of accuracy. All chutes, alleys, gates and restraining mechanisms between and including holding pens and stunning areas shall be free from pain-producing features such as exposed bolt ends, loose boards, splintered or broken planking, and protruding sharp metal of any kind. There shall be no unnecessary holes or other openings where feet or legs of animals may be injured. Overhead drop gates shall be suitably covered on the bottom edge to prevent injury on contact with animals. Roughened or cleated cement shall be used as flooring in chutes leading to stunning areas to reduce falls of animals. Chutes, alleys, and stunning areas shall be so designed that they will comfortably accommodate the kinds of animals to be stunned.

(D) The stunning operation is an exacting procedure and requires a well-trained and experienced operator. The operator must be able to accurately place the stunning instrument to produce immediate unconsciousness. The operator must use the correct detonating charge with regard to kind, breed, size, age, and sex of the animal to produce the desired results.

(b) Special requirements and prohibitions.

(A) Choice of instrument and force required to produce immediate unconsciousness varies, depending on kind, breed, size, age, and sex of the meat animal. Young swine, lambs, and calves usually require less stunning force than mature animals of the same kind. Bulls, rams, and boars usually require skull penetration to produce immediate unconsciousness. Charges suitable for smaller kinds of meat animals such as swine or for young animals are not acceptably interchanged for use on larger kinds or older meat animals, respectively.

(B) Captive bolt stunners that deliberately inject compressed air into the cranium at the end of the penetration cycle shall not be used to stun cattle.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0720 Mechanical; Gunshot

The slaughtering of meat animals by shooting with firearms and the handling in connection therewith, in compliance with the provisions contained in this rule, are hereby designated and approved as humane methods of slaughtering and handling of such animals.

(1) Utilization of firearms, required effect; handling.

(a) The firearms shall be employed in the delivery of a bullet or projectile into the meat animal in accordance with this rule so as to produce immediate unconsciousness in the animal by a single shot before it is shackled, hoisted, thrown, cast, or cut. The meat animal shall be shot in such a manner that it will be rendered unconscious with a minimum of excitement and discomfort.

(b) The driving of the animals to the shooting areas shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the shooting area is essential since accurate placement of the bullet is difficult in case of nervous or injured animals. Among other things, this requires that, in driving animals to the shooting areas, electrical equipment be used as little as possible and with the lowest effective voltage.

(c) Immediately after the firearm is discharged and the projectile is delivered, the animal shall be in a state of complete unconsciousness and remain in this condition throughout shackling, sticking and bleeding.

(2) Facilities and procedure.

(a) General requirements for shooting facilities; operator.

(A) On discharge, acceptable firearms dispatch free projectiles or bullets of varying sizes and diameters through the skull and into the brain. Unconsciousness is produced immediately by a combination of physical brain destruction and changes in intracranial pressure. Caliber of firearms shall be such that when properly aimed and discharged, the projectile produces immediate unconsciousness.

(B) To assure uniform unconsciousness of the animal with every discharge where small-bore firearms are employed, it is necessary to use one of the following type projectiles: Hollow pointed bullets; frangible iron plastic composition bullets; or powdered iron missiles. When powdered iron missiles are used, the firearms shall be in close proximity with the skull of the animal when fired. Firearms must be maintained in good repair. For purposes of protecting employees, inspectors and others, it is desirable that all firearms be equipped with safety devices to prevent injuries from accidental discharge. Aiming and discharging of firearms should be directed away from operating areas.

(C) The provisions contained in OAR 603-029-0715(2)(a)(C) with respect to the stunning area also apply to the shooting area.

(D) The shooting operation is an exacting procedure and requires a well-trained and experienced operator. The operator must be able to accurately direct the projectile to produce immediate unconsciousness. The operator must use the correct caliber firearm, powder charge and type of ammunition to produce the desired results.

(b) Special requirements. Choice of firearms and ammunition with respect to caliber and choice of powder charge required to produce immediate unconsciousness of the animal may vary depending on age and sex of the animal. In the case of bulls, rams, and boars, small bore firearms may be used provided they are able to produce immediate unconsciousness of the animals. Small bore firearms are usually effective for stunning other cattle, sheep, swine, and goats, and calves.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0725 Electrical; Stunning or Slaughtering with Electric Current

The slaughtering of swine, sheep, calves, cattle, and goats with the use of electric current and the handling in connection therewith, in compliance with the provisions contained in this rule, are hereby designated and approved as humane methods of slaughtering and handling of such animals.

(1) Administration of electric current, required effect; handling.

(a) The electric current shall be administered so as to produce, at a minimum, surgical anesthesia, i.e., a state where the meat animal feels no painful sensation. The animals shall be either stunned or killed before they are shackled, hoisted, thrown, cast, or cut. They shall be exposed to the electric current in a way that will accomplish the desired result quickly and effectively, with a minimum of excitement and discomfort.

(b) The driving or conveying of the animals to the place of application of electric current shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the place of application is essential to ensure rapid and effective insensibility. Among other things, this requires that, in driving animals to the place of application, electrical equipment be used as little as possible and with the lowest effective voltage.

(c) The quality and location of the electrical shock shall be such as to produce immediate insensibility to pain in the exposed animal.

(d) The stunned animal shall remain in a state of surgical anesthesia through shackling, sticking, and bleeding.

(2) Facilities and procedures; operator.

(a) General requirements for operator. It is necessary that the operator of electric current application equipment be skilled, attentive, and aware of his or her responsibility.

(b) Special requirements for electric current application equipment. The ability of electric current equipment to perform with maximum efficiency is dependent on its proper design and efficient mechanical operation. Pathways, compartments, current applicators, and all other equipment used must be designed to properly accommodate the species of animals being anesthetized. Animals shall be free from pain-producing restraining devices. Injury of animals must be prevented by the elimination of sharp projections or exposed wheels or gears. There shall be no unnecessary holes, spaces or openings where feet or legs of animals may be injured. Impellers or other devices designed to mechanically move or drive animals or otherwise keep them in motion or compartmentalized shall be constructed of flexible or padded material. Power activated gates designed for constant flow of animals shall be so fabricated that they will not cause injury. All equipment used to apply and control the electrical current shall be maintained in good repair, and all indicators, instruments, and measuring devices shall be available for inspection by inspectors during the operation and at other times.

(c) Electric current. Each animal shall be given a sufficient application of electric current to ensure surgical anesthesia throughout the bleeding operation. Suitable timing, voltage and current control devices shall be used to ensure that each animal receives the necessary electrical charge to produce immediate unconsciousness. The current shall be applied so as to avoid the production of hemorrhages or other tissue changes which could interfere with inspection procedures.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0728 Ritual Slaughter Practices and Exemption

(1) Slaughtering of the animal in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes the method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering.

(2) Nothing in this sub-chapter shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provision of this sub-chapter, in order to protect freedom of religion, ritual slaughter and the handling or other preparation of livestock for ritual slaughter are exempted from the terms of this sub-chapter. For the purposes of this sub-section, the term “ritual slaughter” means slaughter in accordance with sub-section 603-029-0728(1).

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0730 Tagging of Equipment, Alleyways, Pens, or Compartments to Prevent Inhumane Slaughter or Handling in Connection with Slaughter

(1) When an inspector observes an incident of inhumane slaughter or handling in connection with slaughter, the inspector shall inform the establishment operator of the incident and request that the operator take the necessary steps to prevent a recurrence. If the establishment operator fails to take such action or fails to promptly provide the inspector with satisfactory assurances that such action will be taken, the inspector shall follow the procedures specified in section (a), (b), or (c) of this rule, as appropriate.

(a) If the cause of inhumane treatment is the result of facility deficiencies, disrepair, or equipment breakdown, the inspector shall attach an “Oregon Rejected” tag thereto. No equipment, alleyway, pen or compartment so tagged shall be used until made acceptable to the inspector. The tag shall not be removed by anyone other than an inspector. All meat animals slaughtered prior to such tagging may be dressed, processed, or prepared under inspection.

(b) If the cause of inhumane treatment is the result of establishment employee actions in the handling or moving of meat animals, the inspector shall attach an “Oregon Rejected” tag to the alleyways leading to the stunning area. After the tagging of the alleyway, no more meat animals shall be moved to the stunning area until the inspector receives satisfactory assurances from the establishment operator that there will not be a recurrence. The tag shall not be removed by anyone other than an inspector. All meat animals slaughtered prior to the tagging may be dressed, processed, or prepared under inspection.

(c) If the cause of inhumane treatment is the result of improper stunning, the inspector shall attach an “Oregon Rejected” tag to the stunning area. Stunning procedures shall not be resumed until the inspector receives satisfactory assurances from the establishment operator that there will not be a recurrence. The tag shall not be removed by anyone other than an inspector. All meat animals slaughtered prior to such tagging may be dressed, processed, or prepared under inspection.

(2) When an inspector attaches an “Oregon Rejected” tag to any equipment or area in a state-inspected establishment, the Department shall also promptly issue a written Notice of Inhumane Slaughter/Handling to the establishment. The Notice of Inhumane Slaughter/Handling shall:

(a) State the effective date of the action(s);

(b) Describe the reasons for the action(s);

(d) Advise the state-inspected establishment that it may challenge the action by requesting that a supervisor review the propriety of the action; and

(e) Comply with the requirements of ORS 183.415.

(3) If the Department determines that the condition prompting the issuance of the Notice of Inhumane Slaughter/Handling poses a serious danger to the public health or safety, the Department may make the Notice of Inhumane Slaughter/Handling effective immediately. In such circumstances, OAR 137-003-0010 is applicable.

(4) A state-inspected establishment may challenge the Notice of Inhumane Slaughter/Handling by requesting that a supervisor review the propriety of the action. A state-inspected establishment may also challenge the Notice of Inhumane Slaughter/Handling by filing a written request for a hearing with the Department such that the Department receives the request no later than 20 days after the issuance of the Notice of Inhumane Slaughter/Handling. If timely requested, a hearing shall be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3. Upon request, or if the Notice of Inhumane Slaughter/Handling is effective immediately, the Department will request that the hearing be expedited.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0800 Disposition of Condemned Products at State-Inspected Establishments Having Tanking Facilities; Sealing of Tanks.

(1) Carcasses, parts of carcasses, and other products condemned at state-inspected establishments having facilities for tanking shall, except as provided in section (3) of this rule or elsewhere in this part, be disposed of by tanking as follows:

(a) The lower opening of the tank shall first be sealed securely by a Department employee, except when permanently connected with a blow line; then the condemned products shall be placed in the tank in the employee’s presence, after which the upper opening shall also be sealed securely by such employee, who shall then see that the contents of the tank are subjected to sufficient heating for sufficient time to effectively destroy the contents for human food purposes.

(b) The use of equipment such as crushers or hashers for pre-tanking preparation of condemned products in the inedible products department has been found to give inedible character and appearance to the material. Accordingly, if condemned products are so crushed or hashed, conveying systems, rendering tanks, and other equipment used in the further handling of crushed or hashed material need not be locked or sealed during the tanking operations. If the rendering tanks or other equipment contain condemned material not so crushed or hashed, the equipment shall be sealed as prescribed in section (1)(a) of this rule. If the crushed or hashed material is not rendered in the state-inspected establishment where produced, it shall be denatured as provided for in OAR 603-029-0810 before leaving such establishment.

(2) The seals of tanks shall be broken only by a Department employee and only after the contents of the tanks have been treated as provided in section (1) of this rule. The rendered fat derived from condemned material shall be held until a Department employee shall have had an opportunity to determine whether it conforms with the requirements of this rule. Samples shall be taken by Department employees as often as is necessary to determine whether the rendered fat is effectually denatured.

(3) Carcasses of animals condemned under OAR 603-029-0315 may be disposed of as provided in OAR 603-029-0810, in lieu of tanking, with the approval of the inspector.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0805 Tanking and Other Facilities for Inedible Products to be Separate from Edible Product Facilities.

All tanks and equipment used for rendering, otherwise preparing, or storing inedible products must be in rooms or compartments separate from those used for preparing or storing edible products. There may be a connection between rooms or compartments containing inedible products and those containing edible products as long as it does not cause the adulteration of edible product or create insanitary conditions.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0810 Disposition of Condemned Products at State-Inspected Establishments Having no Tanking Facilities

(1) Carcasses, parts of carcasses, and other products condemned at a state-inspected establishment which has no facilities for tanking shall, except as provided in section (2) of this rule or elsewhere in OAR 603-029-0800 to 603-029-0850, be destroyed in the presence of an inspector by incineration, or denatured with crude carbolic acid, or cresylic disinfectant, or a formula consisting of one part FD&C No. 3 green coloring, 40 parts water, 40 parts liquid detergent, and 40 parts oil of citronella or any other proprietary material approved by the Department in specific cases. When such product is to be denatured, it shall be freely slashed before the denaturing agent is applied, except that, in the case of dead meat animals that have not been dressed, the denaturant may be applied by injection. The denaturant must be deposited in all portions of the carcass or product to the extent necessary to preclude its use for food purposes.

(2) All carcasses and parts condemned on account of anthrax, as identified in OAR 603-029-0440(2), at state-inspected establishments which are not equipped with tanking facilities shall be disposed of by:

(a) complete incineration, or

(b) by thorough denaturing with crude carbolic acid, or cresylic disinfectant, and then disposed of in accordance with the requirements of the particular State or municipal authorities, who shall be notified immediately by the Supervisor.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0815 Suppression of Odors in Preparing Inedible Products

Tanks, fertilizer driers, and other equipment used in the preparation of inedible product must be operated in a manner that will suppress odors incident to such preparation which could adulterate edible product or create insanitary conditions.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0820 Inedible Rendered Fats Prepared at State-Inspected Establishments

Except as provided in OAR 603-029-1435(2), rendered animal fat derived from condemned or other inedible materials at state-inspected establishments shall be denatured to effectually distinguish it from an edible product, either with low grade offal during the rendering or by adding to, and mixing thoroughly with, such fat, denaturing oil, No. 2 fuel oil, or brucine dissolved in a mixture of alcohol and pine oil or oil of rosemary, and may be shipped in commerce in accordance with OAR 603-029-1435(3).

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0825 Inedible Fats from Outside State-Inspected Establishments

Except as provided in OAR 603-029-1435(2) of this subchapter, inedible fats from outside the premises of any state-inspected establishment shall not be received into a state-inspected establishment except into the tank room provided for inedible products, and then only when they have been denatured in accordance with OAR 603-029-0820 and are marked in accordance with OAR 603-029-0970, and when their receipt into the tank room produces no insanitary condition on the premises; nor shall such fats be received in such volume as interferes with prompt disposal of condemned or other inedible material produced at the state-inspected establishment. When received, they shall not enter any room or compartment used for edible products.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0830 Carcasses of Meat Animals Condemned on Ante-Mortem Inspection not to Pass Through Edible Meat Product Areas

Carcasses of meat animals which have been condemned on ante-mortem inspection shall not be taken through rooms or compartments in which an edible meat product is prepared, handled, or stored.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0835 Dead Meat Animal Carcasses

(1) With the exception of dead meat animals which have died en-route and are received with meat animals for slaughter at a state-inspected establishment, no dead meat animal or part of the carcass of any meat animals that died otherwise than by slaughter may be brought on the premises of a state-inspected establishment unless advance permission therefore is obtained from the Supervisor.

(2) Under no circumstances shall the carcasses of any meat animal which has died otherwise than by slaughter, or any part thereof, be brought into any room or compartment in which any edible meat product is prepared, handled, or stored.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0840 Specimens for Educational, Research, and Other Nonfood Purposes; Permits for, Required

(1) Specimens of condemned or other inedible materials, including embryos and specimens of animal parasites, may be released for educational, research, or other nonfood purposes under permit issued by the Veterinary Medical Officer: Provided, That the person desiring such specimens makes a written application to the inspector in charge for such permit on a form designated by the Department and arranges with and receives permission from the state-inspected establishment to obtain the specimens. Permits shall be issued for a period not longer than 1 year. The permit may be revoked by the Veterinary Medical Officer if the specimens are not used as stated in the application, or if the collection or handling of the specimens interferes with inspection or the maintenance of sanitary conditions in the state-inspected establishment.

(2) The specimens referred to in section (1) of this rule shall be collected and handled only at such time and place and in such manner as not to interfere with the inspection or to cause any objectionable condition and shall be identified as inedible when they leave the state-inspected establishment.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0845 Livers Condemned Because of Parasitic Infestation and for Other Causes; Conditions for Disposal for Purposes Other than Human Food

(1) Livers condemned on account of hydatid cysts shall be disposed of by tanking pursuant to the provisions of OAR 603-029-0800 if condemned at state-inspected establishments having facilities for tanking; otherwise they shall be destroyed pursuant to the provisions of OAR 603-029-0810.

(2) Livers condemned because of parasites other than hydatid cysts; and livers condemned because of telangiectasis, angioma, “sawdust” condition, cirrhosis, carotenosis, or other nonmalignant change, benign abscesses, or contamination, when these conditions are not associated with infectious diseases in the carcasses, may be shipped from a state-inspected establishment only for purposes other than human food, and only if all tissue affected with abscesses is removed and destroyed within the state-inspected establishment, and all livers are processed and denatured, with any agent prescribed in OAR 603-029-1440(1) subsection (a) or (b) or (e), and in accordance with OAR 603-029-1455(1)(f). This provision for movement from a state-inspected establishment is made solely under Division 29 and is not intended to relieve or modify any other applicable requirements under any other law regarding the movement of such articles, for purposes other than use as human food.

(3) Livers condemned because of conditions described in section (2) of this rule shall be in containers plainly marked “inedible.”

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0850 Handling of Certain Condemned Products for Purposes Other than Human Food

Condemned carcasses of meat animals affected with one or more of the following conditions may be shipped from a state-inspected establishment only for purposes other than human food and only if permission therefor is obtained from the Veterinary Medical Officer: Anasarca, Ocular Squamous Cell Carcinoma (after removal of neoplastic tissue), emaciation, eosinophilic myositis, immaturity, nonseptic bruises and injuries, and sarcosporidiosis. This provision also applies to unborn calves and to products such as paunches and udders when they have not been handled as required under this subchapter for products for human food purposes; provided, such articles have not been condemned for other pathological reasons. Such permission will be granted only if all parts to be so used will be promptly handled, freely slashed and adequately identified as required by OAR 603-029-1455(1)(b). The slashing, identification and packing of the product shall be accomplished in an inedible product area under the supervision of an inspector. Facilities must be adequate so that the carcasses or parts saved under these provisions are not contaminated with pus, manure, septic, or toxic materials, or similar substances. The operation must not result in unsanitary conditions within the state-inspected establishment.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0880 Carcasses and Parts Passed for Cooking; Rendering into Lard or Tallow

Carcasses and parts passed for cooking may be rendered into lard in accordance with OAR 603-029-1291 or rendered into tallow, provided such rendering is done in the following manner:

(1) When closed rendering equipment is used, the lower opening, except when permanently connected with a blowline, shall first be sealed securely by a Department employee; then the carcasses or parts shall be placed in such equipment in the employee’s presence, after which the upper opening shall be securely sealed by such employee. When the product passed for cooking in the tank does not consist of a carcass or whole primal part, the requirements for sealing shall be at the discretion of the Supervisor. Such carcasses and parts shall be cooked for a time sufficient to render them effectually into lard or tallow, provided all parts of the products are heated to a temperature not lower than 170°F. for a period of not less than 30 minutes.

(2) At establishments not equipped with closed rendering equipment for rendering carcasses and parts passed for cooking into lard and tallow, such carcasses or parts may be rendered in open kettles under the direct supervision of a Department employee. Such rendering shall be done during regular hours of work and in compliance with the requirements as to temperature and time specified in section (1) of this rule.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0885 Carcasses and Parts Passed for Cooking; Utilization for Food Purposes after Cooking

Carcasses and parts passed for cooking may be used for the preparation of meat products, provided all such carcasses or parts are heated to a temperature not lower than 170°F. for a period of not less than 30 minutes either before being used in or during the preparation of the finished product.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0890 Disposal of Products Passed for Cooking if not Handled According to this Part

Products passed for cooking if not handled and processed in accordance with the provisions of OAR 603-029-0880 to 603-029-0890, shall be disposed of in accordance with OAR 603-029-0800 or OAR 603-029-0810.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0900 Authorization Required to Make Devices Bearing Oregon Marks

No brand manufacturer, printer or other person shall cast, print, lithograph, or otherwise make or cause to be made any device containing any Oregon mark or simulation thereof without prior written authority therefor from the Department as provided for in OAR 603-029-1000 to 603-029-1058.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0905 Approval Required for Oregon Marks

No device containing any Oregon mark shall be made or caused to be made for use on any product until it has been approved by the Department as provided for in OAR 603-029-1000 to 603-029-1058

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0910 Use of Oregon Marks Prohibited Except Under Supervision of a Department Employee; Removal of Oregon Marks, when Required

(1) No person shall affix or place, or cause to be affixed or placed, the Oregon inspection legend or any other Oregon mark, or any abbreviation or simulation of any Oregon mark, to or on any product, or container thereof, except under the supervision of a Department employee, or as authorized by OAR 603-029-1000 to 603-029-1058 in connection with the manufacture of containers.

(2) No person shall fill, or cause to be filled, in whole or in part, with any product, any container bearing or intended to bear any Oregon mark, or any abbreviation or simulation of any Oregon mark, except under the supervision of a Department employee.

(3) Product bearing any Oregon mark shall not be canned, cooked, cured, smoked, salted, packed, rendered, or otherwise prepared by any person for commercial purposes unless:

(a) Such preparation is performed at a federally inspected establishment; or

(b) Such preparation is conducted under State or other governmental inspection and the prepared product is marked to show that fact; or

(d) The preparation of the product consists solely of cutting up operations at any establishment exempted from inspection under OAR 603-029-0020(2) of this Division 29.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0915 Marking Devices; to be Furnished by State-Inspected Establishments; Control of

(1) The operator of each state-inspected establishment shall furnish such ink brands, burning brands, and any other device for marking products with Oregon marks as the Department may determine is necessary for marking products at such state-inspected establishment. The Oregon inspection legend on such a device shall be as prescribed in OAR 603-029-0600 to 603-029-0625.

(2) All Oregon devices for marking products with the Oregon inspection legend, or other Oregon inspection marks, including self-locking seals, shall be used only under supervision of a Department employee, and, when not in use for marking shall be kept locked in properly equipped locks or compartments, the keys of which shall not leave the possession of a Department employee, or the locker or compartment shall be sealed with an Oregon seal of the Department as prescribed in OAR 603-029-0600 to 603-029-0625.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0920 Branding Ink; to be Furnished by State-Inspected Establishments; Approval by Department; Color

(1) The operator of each state-inspected establishment shall furnish all ink for marking products with the Oregon marks at such establishment. Such ink must be made with harmless ingredients that are approved for the purpose by the Department. Samples of inks shall be submitted to the Department laboratory from time to time as may be deemed necessary by a supervisor.

(2) Only ink approved for the purpose shall be used to apply ink brands bearing Oregon marks to carcasses of cattle, sheep, swine, or goats and fresh meat cuts derived therefrom. Any ink containing F.D. & C. Violet No. 1 shall not be considered an approved ink within the meaning of this section.

(3) Green ink shall not be used to apply marks to carcasses of cattle, sheep, swine, or goats or fresh meat cuts derived therefrom.

(4) Except as provided in section (2) and (3) of this rule, branding ink of any color, approved for the purpose by the Department in specific cases, may be used to apply ink brands, bearing Oregon marks, to processed meat cuts derived from cattle, sheep, swine, or goats.

(5) No Oregon marks shall be applied to the carcasses or parts of carcasses or meat cuts derived from horses, mules, and other equines.

(6) Ink used must assure legibility and permanence of the markings and the color of ink shall provide acceptable contrast with the color of the product to which it is applied.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0925 Products not to be Removed from State-Inspected Establishments Unless Marked in Accordance with the Regulations

No person shall remove or cause to be removed from a state-inspected establishment any products which the regulations in OAR 603-029-0900 to 603-029-0970 require to be marked in any way unless they are clearly and legibly marked in compliance with such regulations.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0930 Marking Devices not to be False or Misleading; Style and Size of Lettering; Approval Required

No brand or other marking device shall be false or misleading. The letters and figures thereon shall be of such style and type as will make a clear and legible impression. All markings to be applied to products in a state-inspected establishment shall be approved prior to use by the Department as provided for in OAR 603-029-1006, except that official markings prescribed by the Federal meat grading regulations (7 CFR 53.19) need not be submitted to the Department for approval.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0935 Unmarked Inspected Products; Moved Between State-Inspected Establishments; Moved in Commerce

(1) Unmarked products which have been inspected and passed but do not bear the Oregon inspection legend may be transported in compliance with OAR 603-029-1400 to 603-029-1475 from one state-inspected establishment to another state-inspected establishment, for further processing, in a railroad car, truck, or other closed container, if the railroad car, truck, or container is sealed with an official seal of the Department (as prescribed in OAR 603-029-0600 to 603-029-0625) bearing the Oregon inspection legend.

(2) Products which have been inspected and passed but do not bear the Oregon inspection legend may be removed from a state-inspected establishment in closed containers bearing the Oregon inspection legend and all other information required by OAR 603-029-0900 to 603-029-1058: Provided, That upon removal from such closed container the product may not be further transported in commerce unless such removal is made under the supervision of a Department employee and such product is re-inspected by a Department employee and packed under his supervision in containers bearing the Oregon inspection legend and all other information required by OAR 603-029-0900 to 603-029-1058: And provided further, That unmarked product shall not be brought into a state-inspected establishment in an open container.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0940 Products to be Marked with Oregon Marks

(1) Each carcass that has been inspected and passed in a state-inspected establishment must be marked at the time of inspection with the Oregon inspection legend containing the number of the state-inspected establishment.

(2) Except as provided otherwise in OAR 603-029-0935, each primal part of a carcass and each liver, beef tongue, and beef heart which has been inspected and passed shall be marked with the Oregon inspection legend containing the number of the state-inspected establishment before it leaves the establishment in which it is first inspected and passed, and each such inspected and passed product shall be marked with the Oregon inspection legend containing the number of the state-inspected establishment where it was last prepared. Additional Oregon marks of inspection may be applied to products as desired to meet local conditions. Primal parts are the wholesale cuts of carcasses as customarily distributed to retailers. The round, flank, loin, rib, plate, brisket, chuck, and shank are primal parts of beef carcasses. Veal, mutton, and goat primal parts are the leg, flank, loin, rack, breast, and shoulder. The ham, belly, loin, shoulder, and jowl are pork primal parts.

(3) Beef livers shall be marked with the Oregon inspection legend containing the number of the state-inspected establishment, at which the cattle involved were slaughtered, on the convex surface of the thickest portion of the organ.

(4) Inspected and passed parts of carcasses which are not marked with the Oregon inspection legend under this rule shall not enter any state-inspected establishment or be sold, transported, or offered for sale or transportation, in commerce, except as provided in OAR 603-029-0935.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0945 Marking of Meat Products with Oregon Inspection Legend and Ingredient Statement

(1) Inspected and passed sausages and other products in casings or in link form, of the ordinary “ring” variety or larger shall be marked with the Oregon inspection legend and list of ingredients in accordance with OAR 603-029-1000 to 603-029-1058. The Oregon marks required by this rule shall be branded near each end of the sausage or similar product prepared in casings when the product is of a size larger than that customarily sold at retail intact.

(2) Inspected and passed sausage and other products, in casings or in link form, of the smaller varieties, shall bear one or more Oregon inspection legends and one or more lists of ingredients in accordance with OAR 603-029-1000 to 603-029-1058 on each kilogram (2.205 lbs.) of product, except where such products leave the state-inspected establishment completely enclosed in properly labeled immediate containers having a capacity of 5 kilograms (11.025 lbs.) or less and containing a single kind of product: Provided, That such products in properly labeled closed containers exceeding 5 kilograms (11.025 lbs.) capacity, when shipped to another state-inspected establishment for further processing or to a governmental agency, need only have the Oregon inspection legend and list of ingredients shown twice throughout the contents of the container. When such products are shipped to another state-inspected establishment for further processing, a supervisor at the point of origin shall identify the shipment to a supervisor at destination by means of a Bill of Lading or other record that is maintained in accordance with 603-029-1300.

(3) The list of ingredients may be applied by stamping, printing, using paper bands, tags, or tissue strips, or other means approved by the Department in specific cases.

(4) All cured products shall be marked with the list of ingredients in accordance with OAR 603-029-1000 to 603-029-1058.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0950 Special Markings for Certain Meat Products

(1) Meat products prepared in casing or link form (whether or not thereafter subdivided), other than sausage, which possess the characteristics of or resemble sausage, shall bear on each link or piece the word “imitation” prominently displayed: Provided, That the following need not be so marked if they bear on each link or piece the name of the product in accordance with OAR 603-029-1004: Such products as coppa, capocollo, lachschinken, bacon, pork loins, pork shoulder butts, and similar cuts of meat which are prepared without added substance other than curing materials or condiments; meat rolls, bockwurst, and similar products which do not contain cereal or vegetables; headcheese, souse, sulze, scrapple, blood pudding, and liver pudding; and other products such as loaves, chili con carne, and meat and cheese products when prepared with sufficient cheese to give definite characteristics to the finished products: And provided further, That imitation sausage packed in properly labeled containers having a capacity of 3 pounds or less and of a kind usually sold at retail intact, need not bear the word “imitation” on each link or piece if no other marking or labeling is applied directly to the product.

(2) When cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, isolated soy protein, dried milk, nonfat dry milk, or calcium reduced dried skim milk is added to sausage in casing or in link form within the limits prescribed in OAR 603-029-1200 to 603-029-1299, the products shall be marked with the name of each added ingredient, as for example “cereal added,” “potato flour added,” “cereal and potato flour added,” “soy flour added,” “isolated soy protein added,” “nonfat dry milk added,” “calcium reduced dried skim milk added,” or “cereal and nonfat dry milk added,” as the case may be.

(3)(a) When product is placed in a casing to which artificial coloring is thereafter applied, as permitted in OAR 603-029-1100 to 603-029-1190, the product shall be legibly and conspicuously marked by stamping or printing on the casing the words “artificially colored.”

(b) If a casing is removed from product at a state-inspected establishment and there is evidence of artificial coloring on the surface of the product, the product from which the casing has been removed shall be marked by stamping directly thereon the words “artificially colored.”

(c) The casing containing product need not be marked to show that it is colored if it is colored prior to its use as a covering for the product, and the coloring is of a kind and so applied as not to be transferable to the product and not to be misleading or deceptive in any respect.

(4) When an approved artificial smoke flavoring or an approved smoke flavoring is added to the formula of any meat product as permitted in OAR 603-029-1100 to 603-029-1190, the product shall be legibly and conspicuously marked with the words “Artificial Smoke Flavoring Added” or “Smoke Flavoring Added,” whichever may be applicable.

(5) Subject to the provisions in section (1) of this rule, in the case of sausage of the smaller varieties, the markings prescribed in this rule may be limited to links bearing the Oregon inspection legend, and such markings shall not be required if the sausages are packed in properly labeled containers having a capacity of 3 pounds or less and of a kind usually sold at retail intact. Further, all markings otherwise required by this rule (except those required by section (1) of this rule) may be omitted from the casings of sausage and other meat products when these products are to be processed in sealed metal containers properly labeled in accordance with the requirements in OAR 603-029-1000 to 603-029-1058.

(6) When an approved antioxidant is added to any meat product as permitted in OAR 603-029-1100 to 603-029-1299, the products shall be legibly and conspicuously marked in an approved manner identifying the specific antioxidant used by its common name or approved abbreviation and the purpose for which it is added, such as, “BHA, BHT, and Propylgallate added to help protect flavor.”

(7) Sausage of the dry varieties treated with potassium sorbate or propylparaben (propyl p-hydroxybenzoate) as permitted by OAR 603-029-1100 to 603-029-1190 shall be marked as prescribed in OAR 603-029-1010(2)(bb).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0955 Marking of Outside Containers

(1) Except as otherwise provided in OAR 603-029-1400 to 603-029-1475, when any inspected and passed product for commerce is moved from a state-inspected establishment, the outside container shall bear an Oregon inspection legend as prescribed in OAR 603-029-0600 to 603-029-0625.

(2) When any product prepared in a state-inspected establishment for commerce has been inspected and passed and is enclosed in a cloth or other wrapping, such wrapping shall bear the Oregon inspection legend and state-inspected establishment number applied by the approved 21⁄2 -inch rubber brand in the form prescribed in OAR 603-029-0600 to 603-029-0625: Provided, That the rubber brand may be omitted if the Oregon inspection legend and state-inspected establishment number on the product itself are clearly legible through the wrapping or the wrapping is labeled in accordance with OAR 603-029-1000 to 603-029-1058: Provided further, That plain unprinted wrappings, such as stockinettes, cheesecloth, paper, and crinkled paper bags, for properly marked products, which are used solely to protect the product against soiling or excessive drying during transportation or storage, need not bear the Oregon inspection legend.

(3) Slack barrels used as outside containers of products shall have a cloth or paper top covering bearing the Oregon inspection legend containing the state-inspected establishment number. At the time of removal of the covering, the Oregon inspection legend shall be destroyed.

(4) The outside containers of any product which has been inspected and passed for cooking, beef which has been inspected and passed for refrigeration shall bear the markings and tag prescribed in OAR 603-029-1420(2).

(5) The outside containers of glands and organs which are not used for human food purposes, such as those described in OAR 603-029-1470, shall be plainly marked with the phrase “For pharmaceutical purposes,” “For organotherapeutic purposes” or “For technical purposes,” as appropriate, with no reference to inspection, and need not bear other markings otherwise required under OAR 603-029-0900 to 603-029-0970.

(6) Stencils, box dies, labels, and brands may be used on shipping containers of properly labeled products and on such immediate containers, of properly marked products, as tierces, barrels, drums, boxes, crates, and large-size fiber-board containers, without approval as provided for in OAR 603-029-1006: Provided, That the stencils, box dies, labels, and brands are not false or misleading and are approved by a supervisor. The Oregon inspection legend for use with such markings shall be approved by the Department as provided for in OAR 603-029-1000 to 603-029-1058.

(7) The outside containers of livers prepared as described in OAR 603-029-0845(2), shall be marked as prescribed in OAR 603-029-0845(3).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0960 Marking Tank Cars and Tank Trucks Used in Transportation of Edible Products

Each tank car and each tank truck carrying inspected and passed product from a state-inspected establishment shall bear a label containing the name of the product in accordance with OAR 603-029-1004, the Oregon inspection legend containing the number of the state-inspected establishment and the words “date of loading,” followed by a suitable space in which the date the tank car or tank truck is loaded shall be inserted. The label shall be located conspicuously and shall be printed on material of such character and so affixed as to preclude detachment or effacement upon exposure to the weather. Before the car or truck is removed from the place where it is unloaded, the carrier shall remove or obliterate such label.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0965 Marking Outside Containers of Inedible Grease, etc.

(1) Outside containers of inedible grease, inedible tallow, or other inedible animal fat, or mixture of any such articles, resulting from operations at any state-inspected establishment shall be marked conspicuously with the word “inedible” prior to removal from the point of filling. Containers, such as tierces, barrels, and half barrels shall have both ends painted white with durable paint, if necessary, to provide a contrasting background, and the word “inedible” shall be marked thereon in letters not less than 2 inches high, while on tank cars and tank trucks the letters shall be not less than 4 inches high.

(2) Inspected rendered animal fat which is intended not to be used for human food may also be marked “inedible” if handled as provided in section (1) of this rule and OAR 603-029-0800 to 603-029-0850.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-0970 Custom Prepared Products to be Marked

If a state-inspected establishment also conducts custom slaughter or custom processing under OAR chapter 603, division 28, any carcasses and parts therefrom that are prepared on a custom basis shall be labeled in accordance with OAR 603-028-0700.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026, ORS 619.036 & ORS 619.061
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1002 Labels Required; Supervision by Department Employee

(1) When, in a state-inspected establishment, any inspected and passed product is placed in any receptacle or covering constituting an immediate container, there shall be affixed to such container a label as described in OAR 603-029-1004 except that the following do not have to bear such a label:

(a) Wrappings of dressed carcasses and primal parts in an unprocessed state, bearing the Oregon inspection legend, if such wrappings are intended solely to protect the product against soiling or excessive drying during transportation or storage, and the wrappings bear no information except company brand names, trade marks, or code numbers which do not include any information required by OAR 603-029-1004;

(b) Uncolored transparent coverings, such as cellophane, which bear no written, printed, or graphic matter and which enclose any unpackaged or packaged product bearing all markings required by OAR 603-029-0900 to 603-029-0970 which are clearly legible through such coverings;

(d) Stockinettes used as “operative devices”, such as those applied to cured meats in preparation for smoking, whether or not such stockinettes are removed following completion of the operations for which they were applied;

(e) Containers such as boil-in bags, trays of frozen dinners, and pie pans which bear no information except company brand names, trademarks, code numbers, directions for preparation and serving suggestions, and which are enclosed in a consumer size container that bears a label as described in OAR 603-029-1004;

(f) Containers of products passed for cooking or refrigeration and moved from a state-inspected establishment under OAR 603-029-0500.

(2) Folders and similar coverings made of paper or similar materials, whether or not they completely enclose the product and which bear any written, printed, or graphic matter, shall bear all features required on a label for an immediate container.

(3) No covering or other container which bears or is to bear a label shall be filled, in whole or in part, except with product which has been inspected and passed in compliance with these Division 29 rules, which is not adulterated and which is strictly in accordance with the statements on the label. No such container shall be filled, in whole or in part, and no label shall be affixed thereto, except under supervision of a Department employee.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1004 Labels: Definition; Required Features

(1) A label within the meaning of OAR 603-029-1000 to 603-029-1058 shall mean a display of any printing, lithographing, embossing, stickers, seals, or other written, printed, or graphic matter upon the immediate container (not including package liners) of any product.

(2) Any word, statement, or other information required by OAR 603-029-0900 to 603-029-0970 to appear on the label must be prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. In order to meet this requirement, such information must appear on the principal display panel except as otherwise permitted in OAR 603-029-1000 to 603-029-1058. All words, statements, and other information required to appear on the label or labeling shall appear thereon in the English language.

(3) Labels of all products shall show the following information on the principal display panel (except as otherwise permitted in OAR 603-029-0900 to 603-029-0970), in accordance with the requirements of OAR 603-029-0900 to 603-029-0970 or, if applicable, OAR 603-029-1200 to 603-029-1299:

(a) The name of the product, which in the case of a product which purports to be or is represented as a product for which a definition and standard of identity or composition is prescribed in OAR 603-029-1200 to 603-029-1299, shall be the name of the food specified in the standard, and in the case of any other product shall be the common or usual name of the food, if any there be, and if there is none, a truthful descriptive designation, as prescribed in section (5) of this rule;

(b) If the product is fabricated from two or more ingredients, the word “ingredients” followed by a list of the ingredients as prescribed in section (6) of this rule;

(c) The name and place of business of the manufacturer, packer, or distributor for whom the product is prepared, as prescribed in section (7) of this rule;

(d) An accurate statement of the net quantity of contents, as prescribed in section (8) of this rule;

(e) An Oregon inspection legend and, except as otherwise provided in section (9) of this rule, the number of the state-inspected establishment, in the form required by OAR 603-029-0600 to 603-029-0625;

(f) Any other information required by these Division 29 rules.

(4) The principal display panel shall be the part of a label that is most likely to be displayed, presented, shown, or examined under customary conditions of display for sale. Where packages bear alternate principal display panels, information required to be placed on the principal display panel shall be duplicated on each principal display panel. The principal display panel shall be large enough to accommodate all the mandatory label information required to be placed thereon by OAR 603-029-1000 to 603-029-1058 and OAR 603-029-1200 to 603-029-1299 with clarity and conspicuousness and without obscuring of such information by designs or vignettes or crowding. In determining the area of the principal display panel, exclude tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of bottles or jars. The principal display panel shall be:

(a) In the case of a rectangular package, one entire side, the area of which is at least the product of the height times the width of that side.

(b) In the case of a cylindrical or nearly cylindrical container:

(A) An area that is 40 percent of the product of the height of the container times the circumference of the container, or

(B) A panel, the width of which is one-third of the circumference and the height of which is as high as the container: Provided, however, That if there is immediately to the right or left of such principal display panel, a panel which has a width not greater than 20 percent of the circumference and a height as high as the container, and which is reserved for information prescribed in subsections (3) (b), (c), and (e), such panel shall be known as the “20 percent panel” and such information may be shown on that panel in lieu of showing it on the principal display panel.

(5)(a) Any descriptive designation used as a product name for a product which has no common or usual name shall clearly and completely identify the product. Product which has been prepared by salting, smoking, drying, cooking, chopping, or otherwise shall be so described on the label unless the name of the product implies, or the manner of packaging shows that the product was subjected to such preparation. The unqualified terms “meat,” “meat byproduct,” “meat product,” and terms common to the meat industry but not common to consumers such as “picnic,” “butt,” “cala,” “square,” “loaf,” “spread,” “delight,” “roll,” “plate,” “luncheon,” and “daisy” shall not be used as names of a product unless accompanied with terms descriptive of the product or with a list of ingredients, as deemed necessary in any specific case by the Department in order to assure that the label will not be false or misleading.

(b) The product name for a raw meat product that contains added solution and does not meet a standard of identity in OAR 603-029-1200 to 603-029-1299 must contain a descriptive designation that includes:

(A) The percentage of added solution (total weight of the solution ingredients divided by the weight of the raw meat without solution or any other added ingredients multiplied by 100). The percentage of added solution must appear as a number (such as, 15, 20, 30) and the percent symbol (%). The percentage of added solution may be declared by the words “containing” or “contains” (such as, “contains 15% added solution of water and salt,” or “containing 15% added solution of water and teriyaki sauce”).

(B) The common or usual name of all individual ingredients or multi-ingredient components in the solution listed in descending order of predominance by weight.

(C) When the descriptive designation includes all ingredients in the solution, a separate ingredients statement is not required on the label. When the descriptive designation includes multi-ingredient components and the ingredients of the component are not declared in the descriptive designation, all ingredients in the product must be declared in a separate ingredients statement on the label as required in OAR 603-029-1004(3)(b) and (6).

(D) The product name and the descriptive designation must be printed in a single easy-to-read type style and color and must appear on a single-color contrasting background. The print may appear in upper and lower case letters, with the lower case letters not smaller than one-third ( 1⁄3 ) the size of the largest letter.

(E) The word “enhanced” cannot be used in the product name.

(A) Unless the product is destined to be fully cooked or to receive another full lethality treatment at an state-inspected establishment, the product name for a raw or partially cooked beef product that has been mechanically tenderized, whether by needle or by blade, must contain the term “mechanically tenderized,” “needle tenderized,” or “blade tenderized,” as a descriptive designation and an accurate description of the beef component.

(B) The product name must appear in a single easy-to-read type style and color and on a single-color contrasting background. The print may appear in upper and lower case letters, with the lower case letters not smaller than 1⁄3 the size of the largest letter.

(C) The labels on raw or partially cooked needle- or blade-tenderized beef products destined for household consumers, hotels, restaurants, or similar institutions must contain validated cooking instructions, including the cooking method, that inform consumers that these products need to be cooked to a specified minimum internal temperature, whether the product needs to be held for a specified time at that temperature or higher before consumption to ensure that potential pathogens are destroyed throughout the product, and a statement that the internal temperature should be measured by a thermometer. These validated cooking instructions may appear anywhere on the label.

(6)(a) The list of ingredients shall show the common or usual names of the ingredients arranged in the descending order of predominance, except as otherwise provided in this subsection.

(A) The terms spice, natural flavor, natural flavoring, flavor and flavoring may be used in the following manner:

(i) The term “spice” means any aromatic vegetable substance in the whole, broken, or ground form, with the exceptions of onions, garlic and celery, whose primary function in food is seasoning rather than nutritional and from which no portion of any volatile oil or other flavoring principle has been removed. Spices include the spices listed in 21 CFR 182.10, and 184.

(ii) The term “natural flavor,” “natural flavoring,” “flavor” or “flavoring” means the essential oil, oleoresin, essence or extractive, protein hydrolysate, distillate, or any product or roasting, heating or enzymolysis, which contains the flavoring constituents derived from a spice, fruit or fruit juice, vegetable or vegetable juice, edible yeast, herb, bark, bud, root, leaf or any other edible portion of a plant, meat, seafood, poultry, eggs, dairy products, or fermentation products thereof, whose primary function in food is flavoring rather than nutritional. Natural flavors include the natural essence or extractives obtained from plants listed in 21 CFR 182.10, 182.20, 182.40, 182.50 and 184, and the substances listed in 21 CFR 172.510. The term natural flavor, natural flavoring, flavor or flavoring may also be used to designate spices, powered onion, powdered garlic, and powdered celery.

(B) The term “corn syrup” may be used to designate either corn syrup or corn syrup solids.

(C) The term “animal and vegetable fats” or “vegetable and animal fats” may be used to designate the ingredients of mixtures of such edible fats in product designated “compound” or “shortening.” “Animal fats” as used herein means fat derived from inspected and passed cattle, sheep, swine, or goats.

(D) When a product is coated with pork fat, gelatin, or other approved substance and a specific declaration of such coating appears contiguous to the name of the product, the ingredient statement need not make reference to the ingredients of such coating.

(E) When two meat ingredients comprise at least 70 percent of the meat and meat byproduct ingredients of a formula and when neither of the two meat ingredients is less than 30 percent by weight of the total meat and meat byproducts used, such meat ingredients may be interchanged in the formula without a change being made in the ingredients statement on labeling materials: Provided, That the word “and” in lieu of a comma shall be shown between the declaration of such meat ingredients in the statement of ingredients.

(F)(i) Product ingredients which are present in individual amounts of 2 percent or less by weight may be listed in the ingredients statement in other than descending order of predominance: Provided, That such ingredients are listed by their common or usual names at the end of the ingredients statement and preceded by a quantifying statement, such as “Contains _____ percent of _____ ,” “Less than _____percent of _____ .” The percentage of the ingredient(s) shall be filled in with a threshold level of 2 percent, 1.5 percent, 1.0 percent, or 0.5 percent, as appropriate. No ingredient to which the quantifying statement applies may be present in an amount greater than the stated threshold. Such a quantifying statement may also be utilized when an ingredients statement contains a listing of ingredients by individual components. Each component listing may utilize the required quantifying statement at the end of each component ingredients listing.

(ii) Such ingredients may be adjusted in the product formulation without a change being made in the ingredients statement on the labeling, provided that the adjusted amount complies with OAR 603-029-1200 to 603-029-1299 and with OAR 603-029-2405, and does not exceed the amount shown in the quantifying statement. Any such adjustments to the formulation shall be provided to the Supervisor.

(b) On containers of frozen dinners, entrees, pizzas, and similar consumer packaged products in cartons the ingredient statement may be placed on the front riser panel: Provided, That the words “see ingredients” followed immediately by an arrow is placed on the principal display panel immediately above the location of such statement without intervening print or designs.

(c) The ingredient statement may be placed on the 20 percent panel adjacent to the principal display panel and reserved for required information, in the case of a cylindrical or nearly cylindrical container.

(d) The ingredients statement may be placed on the information panel, except as otherwise permitted in this Division 29.

(7)(a) The name or trade name of the person that prepared the product may appear as the name of the manufacturer or packer without qualification on the label. Otherwise the name of the distributor of the product shall be shown with a phrase such as “Prepared for * * *”. The place of business of the manufacturer, packer, or distributor shall be shown on the label by city, State, and postal ZIP code when such business is listed in a telephone or city directory, and if not listed in such directory, then the place of business shall be shown by street address, city, State, and postal ZIP code.

(b) The name and place of business of the manufacturer, packer, or distributor may be shown:

(A) On the principal display panel, or

(B) On the 20 percent panel adjacent to the principal display panel and reserved for required information, in the case of a cylindrical or nearly cylindrical container, or

(D) On the information panel.

(8)(a) The statement of net quantity of contents shall appear on the principal display panel of all containers to be sold at retail intact, in conspicuous and easily legible boldface print or type in distinct contrast to other matter on the container, and shall be declared in accordance with the provisions of this subsection.

(b) The statement as it is shown on a label shall not be false or misleading and shall express an accurate statement of the quantity of contents of the container. Reasonable variations caused by loss or gain of moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practices will be recognized. The statement shall not include any term qualifying a unit of weight, measure, or count such as “jumbo quart,” “full gallon,” “giant quart,” “when packed,” “minimum,” or words of similar importance.

(c) The statement shall be placed on the principal display panel within the bottom 30 percent of the area of the panel in lines generally parallel to the base: Provided, That on packages having a principal display panel of 5 square inches or less, the requirement for placement within the bottom 30 percent of the area of the label panel shall not apply when the statement meets the other requirements of this section (8). In any case, the statement may appear in more than one line. The terms “net weight” or “net wt.” shall be used when stating the net quantity of contents in terms of weight, and the term “net contents” or “content” when stating the net quantity of contents in terms of fluid measure.

(d) The statement shall be expressed in terms of avoirdupois weight or liquid measure. Where no general consumer usage to the contrary exists, the statement shall be in terms of liquid measure, if the product is liquid, or in terms of weight if the product is solid, semisolid viscous or a mixture of solid and liquid. For example, a declaration of 3⁄4 -pound avoirdupois weight shall be expressed as “Net Wt. 12 oz.” except as provided for in section (8)(e) of this rule for random weight packages; a declaration of 11⁄2 pounds avoirdupois weight shall be expressed as “Net Wt. 24 oz. (1 lb. 8 oz.),” “Net Wt. 24 oz. (11⁄2 lb.),” or “Net Wt. 24 oz. (1.5 lbs.).”

(e) On packages containing 1 pound or 1 pint and less than 4 pounds or 1 gallon, the statement shall be expressed as a dual declaration both in ounces and (immediately thereafter in parentheses) in pounds, with any remainder in terms of ounces or common or decimal fraction of the pound, or in the case of liquid measure, in the largest whole units with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart, except that on random weight packages the statement shall be expressed in terms of pounds and decimal fractions of the pound, for packages over 1 pound, and for packages which do not exceed 1 pound the statement may be in decimal fractions of the pound in lieu of ounces. Subsection (8)(i) of this rule permits certain exceptions from the provisions of this section for margarine packages, random weight consumer size packages, and packages of less than 1⁄2 ounce net weight. Subsection (8)(l) of this rule permits certain exceptions from the provision of this section for multi-unit packages.

(f) The statement shall be in letters and numerals in type size established in relationship to the area of the principal display panel of the package and shall be uniform of all packages of substantially the same size by complying with the following type specifications:

(A) Not less than one-sixteenth inch in height on packages, the principal display panel of which has an area of 5 square inches or less;

(B) Not less than one-eighth inch in height on packages, the principal display panel of which has an area of more than 5 but not more than 25 square inches;

(C) Not less than three-sixteenths inch in height on packages, the principal display panel of which has an area of more than 25 but not more than 100 square inches;

(D) Not less than one-quarter inch in height on packages, the principal display panel of which has an area of more than 100 but not more than 400 square inches.

(E) Not less than one-half inch in height on packages, the principal display panel of which has an area of more than 400 square inches.

(g) The ratio of height to width of letters and numerals shall not exceed a differential of 3 units to 1 unit (no more than 3 times as high as it is wide). Heights pertain to upper case or capital letters. When upper and lower case or all lower case letters are used, it is the lower case letter “o” or its equivalent that shall meet the minimum standards. When fractions are used, each component numeral shall meet one-half the height standards.

(h) The statement shall appear as a distinct item on the principal display panel and shall be separated by a space at least equal to the height of the lettering used in the statement from other printed label information appearing above or below the statement and by a space at least equal to twice the width of the letter “N” of the style of type used in the quantity of contents statement from other printed label information appearing to the left or right of the statement. It shall not include any term qualifying a unit of weight, measure, or count such as, “jumbo quart,” “full gallon,” “giant quart,” “when packed,” “Minimum” or words of similar import.

(i) The following exemptions from the requirements contained in this section (8) are hereby established:

(A) Individually wrapped, random weight consumer size packages shipped in bulk containers (as specified in subsection (8)(k) of this rule) and meat products that are subject to shrinkage through moisture loss during good distribution practices need not bear a net weight statement when shipped from a state-inspected establishment, provided that a net weight shipping statement which meets the requirements of subsection (8)(b) of this rule is applied to their shipping container prior to shipping it from the state-inspected establishment. Net weight statements so applied to the shipping container are exempt from the type size, dual declaration, and placement requirements of this section, if an accurate statement of net weight is shown conspicuously on the principal display panel of the shipping container. The net weight also shall be applied directly to random weight consumer size packages prior to retail display and sale. The net weight statement on random weight consumer size packages for retail sale shall be exempt from the type size, dual declaration, and placement requirements of this section, if an accurate statement of net weight is shown conspicuously on the principal display panel of the package.

(B) Individually wrapped and labeled packages of less than 1⁄2 ounce net weight and random weight consumer size packages shall be exempt from the requirements of this section if they are in a shipping container and the statement of net quantity of contents on the shipping container meets the requirements of subsection (8)(b) of this rule;

(C) Individually wrapped and labeled packages of less than 1⁄2 ounce net weight bearing labels declaring net weight, price per pound, and total price, shall be exempt from the type size, dual declaration, and placement requirements of this section, if an accurate statement of net weight is shown conspicuously on the principal display panel of the package.

(D) Margarine in 1 pound rectangular packages (except packages containing whipped or soft margarine or packages that contain more than four sticks) is exempt from the requirements of subsections (8)(c) and (e) of this rule regarding the placement of the statement of the net quantity of contents within the bottom 30 percent of the principal display panel and that the statement be expressed both in ounces and in pounds, if the statement appears as “1 pound” or “one pound” in a conspicuous manner on the principal display panel.

(E) Sliced shingle packed bacon in rectangular packages is exempt from the requirements of subsections (8)(c) and (8)(e) of this rule regarding the placement of the statement of the net quantity of contents within the bottom 30 percent of the principal display panel, and that the statement be expressed both in ounces and in pounds, if the statement appears in a conspicuous manner on the principal display panel.

(j) Labels for containers which bear any representation as to the number of servings contained therein shall bear, contiguous to such representation, and in the same size type as is used for such representation, a statement of the net quantity of each such serving.

(k) As used in this rule, a “random weight consumer size package” is one which is one of a lot, shipment or delivery of packages of the same product with varying weights and with no fixed weight pattern.

(l) On a multiunit retail package, a statement of the net quantity of contents shall appear on the outside of the package and shall include the number of individual units, the quantity of each individual unit, and in parentheses, the total net quantity of contents of the multiunit package in terms of avoirdupois or fluid ounces, except that such declaration of total quantity need not be followed by an additional parenthetical declaration in terms of the largest whole units and subdivisions thereof, as required by subsection (8)(e) of this rule. For the purposes of this rule, “multiunit retail package” means a package containing two or more individually packaged units of the identical commodity and in the same quantity, with the individual packages intended to be sold as part of the multiunit retail package but capable of being individually sold in full compliance with all requirements of these Division 29 rules. Open multiunit retail packages that do not obscure the number of units and the labeling thereon are not subject to this section if the labeling of each individual unit complies with the requirements of subsections (8) (b), (c), (f), and (h) of this rule.

(9) The State-inspected establishment number of the state-inspected establishment in which the product was processed under inspection shall be placed as follows:

(a) Within the Oregon inspection legend in the form required by OAR 603-029-0600 to 603-029-0625; or

(b) Outside the Oregon inspection legend elsewhere on the exterior of the container or its labeling, e.g., the lid of a can, if shown in a prominent and legible manner in a size sufficient to insure easy visibility and recognition and accompanied by the prefix “EST”; or

(c) Off the exterior of the container, e.g., on a metal clip used to close casings or bags, or on the back of a paper label of a canned product, or on other packaging or labeling material in the container, e.g., on aluminum pans and trays placed within containers, when a statement of its location is printed contiguous to the Oregon inspection legend, such as “EST. No. on Metal Clip” or “Est. No. on Pan”, if shown in a prominent and legible manner in a size sufficient to insure easy visibility and recognition; or

(d) On an insert label placed under a transparent covering if clearly visible and legible and accompanied by the prefix “EST”.

(10) Labels of any product within any of the following subsections shall show the information required by such subsection for such product:

(a) A label for product which is an imitation of another food shall bear the word “imitation” immediately preceding the name of the food imitated and in the same size and style of lettering as in that name and immediately thereafter the word “ingredients:” and the names of the ingredients arranged in the order of their predominance.

(b) If a product purports to be or is represented for any special dietary use by humans, its label shall bear a statement concerning its vitamin, mineral, and other dietary properties upon which the claim for such use is based in whole or in part and shall be in conformity with regulations (21 CFR part 125) established pursuant to sections 403, and 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343, 371).

(c) When an artificial smoke flavoring or a smoke flavoring is added as an ingredient in the formula of a meat product, as permitted in OAR 603-029-1100 to 603-029-1190, there shall appear on the label, in prominent letters and contiguous to the name of the product, a statement such as “Artificial Smoke Flavoring Added” or “Smoke Flavoring Added,” as may be applicable, and the ingredient statement shall identify any artificial smoke flavoring or smoke flavoring so added as an ingredient in the formula of the meat product.

(d) When any other artificial flavoring is permitted under OAR 603-029-1100 to 603-029-1190 to be added to a product, the ingredient statement shall identify it as “Artificial Flavoring.”

(e) When artificial coloring is added to edible fats as permitted under OAR 603-029-1100 to 603-029-1190 such substance shall be declared on the label in a prominent manner and contiguous to the name of the product by the words “Artificially colored” or “Artificial coloring added” or “With added artificial coloring.” When natural coloring such as annatto is added to edible fats as permitted under OAR 603-029-1100 to 603-029-1190, such substance shall be declared on the label in the same manner by a phrase such as “Colored with annatto.”

(f) When product is placed in a casing to which artificial coloring is applied as permitted under OAR 603-029-1100 to 603-029-1190, there shall appear on the label, in a prominent manner and contiguous to the name of the product, the words, “Artificially colored.”

(g) If a casing is removed from product at an state-inspected establishment and there is evidence of artificial coloring on the surface of the product, there shall appear on the label, in a prominent manner and contiguous to the name of product, the words “Artificially colored.”

(h) When a casing is colored prior to its use as a covering for product and the color is not transferred to the product enclosed in the casing, no reference to color need appear on the label but no such casing may be used if it is misleading or deceptive with respect to color, quality, or kind of product, or otherwise.

(i) Product which bears or contains any other artificial coloring, as permitted under OAR 603-029-1100 to 603-029-1190, shall bear a label stating that fact on the immediate container or if there is none, on the product.

(j) When an antioxidant is added to product as permitted under OAR 603-029-1100 to 603-029-1190, there shall appear on the label in prominent letters and contiguous to the name of the product, a statement identifying the officially approved specific antioxidant by its common name or abbreviation thereof and the purpose for which it is added, such as, “BHA, BHT, and Propylgallate added to help protect flavor.”

(k) Containers of meat packed in borax or other preservative for export to a foreign country which permits the use of such preservative shall, at the time of packing, be marked “for export,” followed on the next line by the words “packed in preservative,” or such equivalent statement as may be approved for this purpose by the Administrator and directly beneath this there shall appear the word “establishment” or abbreviation thereof, followed by the number of the establishment at which the product is packed. The complete statement shall be applied in a conspicuous location and in letters not less than 1 inch in height.

(l) Containers of other product packed in, bearing, or containing any chemical preservative shall bear a label stating that fact.

(m)(A) On the label of any “Mechanically Separated (Species)” described in OAR 603-029-1204(1), the name of such product shall be followed immediately by the phrase “for processing” unless such product has a protein content of not less than 14 percent and a fat content of not more than 30 percent.

(B) When any “Mechanically Separated (Species)” described in OAR 603-029-1204 is used as an ingredient in the preparation of a meat product and such “Mechanically Separated (Species)” contributes 20 mg or more of calcium to a serving of such meat product, the label of such meat product shall state the calcium content of such meat product, determined and expressed as the percentage of the U.S. Recommended Daily Allowance (U.S. RDA) in a serving in accordance with 21 CFR 101.9(b)(1), (c)(7) (i) and (iv), and (e), as part of any nutrition information included on such label, or if such meat product does not bear nutrition labeling information, as part of a prominent statement in immediate conjunction with the list of ingredients, as follows: “A ___ serving contains __% of the U.S. RDA of calcium”, with the blanks to be filled in, respectively, with the quantity of such product that constitutes a serving and the amount of calcium provided by such serving: Provided, That, calcium content need not be stated where (a) the percent of the U.S. RDA of calcium to be declared would not differ from the percent of the U.S. RDA that would be declared if the meat product contained only hand deboned ingredients or (b) the calcium content of a serving of the meat product would be 20 percent of the U.S. RDA or more if the meat product contained only hand deboned ingredients.

(11) Packaged products which require special handling to maintain their wholesome condition shall have prominently displayed on the principal display panel of the label the statement: “Keep Refrigerated,” “Keep Frozen,” “Perishable Keep Under Refrigeration,” or such similar statement as the Administrator may approve in specific cases. Products that are distributed frozen during distribution and thawed prior to or during display for sale at retail shall bear the statement on the shipping container: “Keep Frozen.” The consumer-size containers for such products shall bear the statement “Previously Handled Frozen for Your Protection, Refreeze or Keep Refrigerated.” For all perishable canned products the statement shall be shown in upper case letters one-fourth inch in height for containers having a net weight of 3 pounds or less, and for containers having a net weight over 3 pounds, the statement shall be in upper case letters at least one-half inch in height.

(12) Safe handling instructions shall be provided for: All meat and meat products of cattle, swine, sheep, or goat that do not meet the requirements contained in OAR 603-029-1160, or that have not undergone other processing that would render them ready-to-eat; and all comminuted meat patties not heat processed in a manner that conforms to the time and temperature combinations in the Table for Permitted Heat-Processing Temperature/Time Combinations For Fully-Cooked Patties in OAR 603-029-1185, except as exempted under subsection (12)(d) of this rule.

(a)(A) Safe handling instructions shall accompany every meat or meat product, specified in this section (12) destined for household consumers, hotels, restaurants, or similar institutions and shall appear on the label. The information shall be in lettering no smaller than one-sixteenth of an inch in size and shall be prominently placed with such conspicuousness (as compared with other words, statements, designs or devices in the labeling) as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(B) The safe handling information shall be presented on the label under the heading “Safe Handling Instructions” which shall be set in type size larger than the print size of the rationale statement and handling statements as discussed in subsections (12)(b) and (c) of this rule. The safe handling information shall be set off by a border and shall be one color type printed on a single color contrasting background whenever practical.

(b) The labels of the meat and meat products specified in this section (12) shall include the following rationale statement as part of the safe handling instructions, “This product was prepared from inspected and passed meat and/or poultry. Some food products may contain bacteria that could cause illness if the product is mishandled or cooked improperly. For your protection, follow these safe handling instructions.” This statement shall be placed immediately after the heading and before the safe handling statements.

(A) Keep refrigerated or frozen. Thaw in refrigerator or microwave. (Any portion of this statement that is in conflict with the product's specific handling instructions, may be omitted, e.g., instructions to cook without thawing.) (A graphic illustration of a refrigerator shall be displayed next to the statement.);

(B) Keep raw meat and poultry separate from other foods. Wash working surfaces (including cutting boards), utensils, and hands after touching raw meat or poultry. (A graphic illustration of soapy hands under a faucet shall be displayed next to the statement.);

(D) Keep hot foods hot. Refrigerate leftovers immediately or discard. (A graphic illustration of a thermometer shall be displayed next to the statement.)

(d) Meat or meat products intended for further processing at another state-inspected establishment are exempt from the requirements prescribed in subsections (12)(a) through (12)(c) of this rule.

(13)(a) The information panel is that part of a label that is the first surface to the right of the principal display panel as observed by an individual facing the principal display panel, with the following exceptions:

(A) If the first surface to the right of the principal display panel is too small to accommodate the required information or is otherwise unusable label space, e.g., folded flaps, tear strips, opening flaps, heat-sealed flaps, the next panel to the right of this part of the label may be used.

(B) If the package has one or more alternate principal display panels, the information panel is to the right of any principal display panel.

(C) If the top of the container is the principal display panel and the package has no alternate principal display panel, the information panel is any panel adjacent to the principal display panel.

(b)(A) Except as otherwise permitted in OAR 603-029-1000 to 603-029-1058, all information required to appear on the principal display panel or permitted to appear on the information panel shall appear on the same panel unless there is insufficient space. In determining the sufficiency of the available space, except as otherwise prescribed in this part, any vignettes, designs, and any other nonmandatory information shall not be considered. If there is insufficient space for all required information to appear on a single panel, it may be divided between the principal display panel and the information panel, provided that the information required by any given provision of this part, such as the ingredients statement, is not divided and appears on the same panel.

(B) All information appearing on the information panel pursuant to this rule shall appear in one place without intervening material, such as designs or vignettes.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 616.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042, ORS 616.046 & ORS 561.230
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1006 Approval of Abbreviations of Marks of Inspection; Preparation of Marking Devices Bearing Inspection Legend Without Advance Approval Prohibited; Exception

(1) The Department may approve and authorize the use of abbreviations of marks of inspection under these Division 29 rules. Such abbreviations shall have the same force and effect as the respective marks for which they are authorized abbreviations.

(2) Except for the purposes of preparing and submitting a sample or samples of the same to the Department for approval, no brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any marking device containing any Oregon mark or simulation thereof, or any label bearing any such mark or simulation, without the written authority therefor of the Department. However, when any such sample label, or other marking device, is approved by the Department, additional supplies of the approved label, or marking device, may be made for use in accordance with these Division 29 rules, without further approval by the Department. The provisions of this section apply only to labels, or other marking devices, bearing or containing an Oregon inspection legend shown in OAR 603-029-0610(2) or any abbreviations, copy or representation thereof.

(3) No brand manufacturer or other person shall cast or otherwise make, without an Oregon certificate issued in quadruplicate by a Department employee, a brand or other marking device containing an Oregon inspection legend, or simulation thereof, shown in OAR 603-029-0610(1).

(a) The certificate is a department form for signature by a Department employee and the state-inspected establishment ordering the brand or other marking device, bearing a certificate serial number and a letterhead and the seal of the Oregon Department of Agriculture. The certificate authorizes the making of only the brands or other marking devices of the type and quantity listed on the certificate.

(b) After signing the certificate, the Department employee and the state-inspected establishment shall each keep a copy, and the remaining two copies shall be given to the brand or other marking device manufacturer.

(c) The manufacturer of the brands or other marking devices shall engrave or otherwise mark each brand or other marking device with a permanent identifying serial number unique to it. The manufacturer shall list on each of the two copies of the certificate given to the manufacturer the number of each brand or other marking device authorized by the certificate. The manufacturer shall retain one copy of the certificate for the manufacturer’s records and return the remaining copy with the brands or other marking devices to the Department employee whose name and address are given on the certificate as the recipient.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042, ORS 619.046 & ORS 561.230
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1008 Approved Labels to be Used Only on Products to Which they are Applicable

Labels shall be used only on products for which they are approved, and only if they have been approved for such products in accordance with OAR 603-029-1006.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1010 False or Misleading Labeling or Practices Generally; Specific Prohibitions and Requirements for Labels and Containers

(1) No product or any of its wrappers, packaging, or other containers shall bear any false or misleading marking, label, or other labeling and no statement, word, picture, design, or device which conveys any false impression or gives any false indication of origin or quality or is otherwise false or misleading shall appear in any marking or other labeling. No product shall be wholly or partly enclosed in any wrapper, packaging, or other container that is so made, formed, or filled as to be misleading.

(2) The labels and containers of product shall comply with the following provisions, as applicable:

(a) Terms having geographical significance with reference to a locality other than that in which the product is prepared may appear on the label only when qualified by the word “style,” “type,” or “brand,” as the case may be, in the same size and style of lettering as in the geographical term, and accompanied with a prominent qualifying statement identifying the country, State, Territory, or locality in which the product is prepared, using terms appropriate to effect the qualification. When the word “style” or “type” is used, there must be a recognized style or type of product identified with and peculiar to the area represented by the geographical term and the product must possess the characteristics of such style or type, and the word “brand” shall not be used in such a way as to be false or misleading: Provided, That a geographical term which has come into general usage as a trade name and which has been approved by the Department as being a generic term may be used without the qualifications provided for in this section. The terms “frankfurter,” “vienna,” “bologna,” “lebanon bologna,” “braunschweiger,” “thuringer,” “genoa,” “leona,” “berliner,” “holstein,” “goteborg,” “milan,” “polish,” “italian,” and their modifications, as applied to sausages, the terms “brunswick” and “irish” as applied to stews and the term “boston” as applied to pork shoulder butts need not be accompanied with the word “style,” “type,” or “brand,” or a statement identifying the locality in which the product is prepared.

(b) Such terms as “farm” or “country” shall not be used on labels in connection with products unless such products are actually prepared on the farm or in the country: Provided, That if the product is prepared in the same way as on the farm or in the country these terms, if qualified by the word “style” in the same size and style of lettering, may be used: Provided further, That the term “farm” may be used as part of a brand designation when qualified by the word “brand” in the same size and style of lettering, and followed with a statement identifying the locality in which the product is prepared: And Provided further, That the provisions of this section shall not apply to products prepared in accordance with OAR 603-029-1230. Sausage containing cereal shall not be labeled “farm style” or “country style,” and lard not rendered in an open kettle shall not be designated as “farm style” or “country style.”

(c) The requirement that the label shall contain the name and place of business of the manufacturer, packer, or distributor shall not relieve any establishment from the requirement that its label shall not be misleading in any particular.

(d) The term “spring lamb” or “genuine spring lamb” is applicable only to carcasses of new-crop lambs slaughtered during the period beginning in March and terminating not beyond the close of the week containing the first Monday in October.

(e)(A) Coverings shall not be of such color, design, or kind as to be misleading with respect to color, quality, or kind of product to which they are applied. For example, transparent or semitransparent coverings for such articles as sliced bacon or fresh (uncooked) meat and meat products shall not bear lines or other designs of red or other color which give a false impression of leanness of the product. Transparent or semitransparent wrappers, casings, or coverings for use in packaging cured, cured and smoked, or cured and cooked sausage products, and sliced ready-to-eat meat products may be color tinted or bear red designs on 50 percent of such wrapper or covering: Provided, That the transparent or semitransparent portion of the principal display panel is free of color tinting and red designs: And provided further, That the principal display panel provides at least 20 percent unobstructed clear space, consolidated in one area so that the true nature and color of the product is visible to the consumer.

(B) Packages for sliced bacon that have a transparent opening shall be designed to expose, for viewing, the cut surface of a representative slice. Packages for sliced bacon which meet the following specifications will be accepted as meeting the requirements of this subsection provided the enclosed bacon is positioned so that the cut surface of the representative slice can be visually examined:

(i) For shingle-packed sliced bacon, the transparent window shall be designed to reveal at least 70 percent of the length (longest dimension) of the representative slice, and this window shall be at least 11⁄2 inches wide. The transparent window shall be located not more than five-eighths inch from the top or bottom edge of a 1-pound or smaller package and not more than three-fourths inch from either the top or bottom edge of a package larger than 1 pound.

(ii) For stack-packed sliced bacon, the transparent window shall be designed to reveal at least 70 percent of the length (longest dimension) of the representative slice and be at least 11⁄2 inches wide.

(f) The word “fresh” shall not be used on labels to designate product which contains any sodium nitrate, sodium nitrite, potassium nitrate, or potassium nitrite, or which has been salted for preservation.

(g)(A) No ingredient shall be designated on the label as a spice, flavoring, or coloring unless it is a spice, flavoring, or coloring, as the case may be. An ingredient that is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as “spice and coloring”, or “flavoring and coloring”, as the case may be, unless such ingredient is designated by its common or usual name.

(B) Any ingredient not designated in 603-029-1004(6)(a)(A) of this part whose function is flavoring, either in whole or in part, must be designated by its common or usual name. Those ingredients which are of livestock and poultry origin must be designated by names that include the species and livestock and poultry tissues from which the ingredients are derived.

(h) As used on labels of product, the term “gelatin” shall mean (i) the jelly prepared in state-inspected establishments by cooking pork skins, tendons, or connective tissue from inspected and passed product, and (ii) dry commercial gelatin or the jelly resulting from its use.

(i) Product (other than canned product) labeled with the term “loaf” as part of its name:

(A) If distributed from the state-inspected establishment in consumer size containers may be in any shape;

(B) If distributed in a container of a size larger than that sold intact at retail the product shall be prepared in rectangular form, or as in paragraph (2)(i)(C) of this rule;

(C) If labeled as an “Old Fashioned Loaf” shall be prepared in a traditional form, such as rectangular with rounded top or circular with flat bottom and rounded top.

(j) The term “baked” shall apply only to product which has been cooked by the direct action of dry heat and for a sufficient time to permit the product to assume the characteristics of a baked article, such as the formation of a brown crust on the surface, rendering out of surface fat, and the caramelization of the sugar if applied. Baked loaves shall be heated to a temperature of at least 160 °F. and baked pork cuts shall be heated to an internal temperature of at least 170 °F.

(k) When products such as loaves are browned by dipping in hot edible oil or by a flame, the label shall state such fact, e.g., by the words “Browned in Hot Cottonseed Oil” or “Browned by a Flame,” as the case may be, appearing as part of the product name.

(l) The term “meat” and the names of particular kinds of meat, such as beef, veal, mutton, lamb, and pork, shall not be used in such manner as to be false or misleading.

(m) The word “ham,” without any prefix indicating the species of animal from which derived, shall be used in labeling only in connection with the hind legs of swine. Ham shanks as such or ham shank meat as such or the trimmings accruing in the trimming and shaping of hams shall not be labeled “ham” or “ham meat” without qualification. When used in connection with a chopped product the term “ham” or “ham meat” shall not include the skin.

(n) The terms “shankless” and “hockless” shall apply only to hams and pork shoulders from which the shank or hock has been completely removed, thus eliminating the entire tibia and fibula, or radius and ulna, respectively, together with the overlying muscle, skin, and other tissue.

(o) Such terms as “meat extract” or “extract of beef” without qualification shall not be used on labels in connection with products prepared from organs or other parts of the carcass, other than fresh meat. Extracts prepared from any parts of the carcass other than fresh meat may be properly labeled as extracts with the true name of the parts from which prepared. In the case of extract in fluid form, the word “fluid” shall also appear on the label, as, for example, “fluid extract of beef.”

(p) When any product is enclosed in a container along with a packing substance such as brine, vinegar, or agar jelly, a declaration of the packing substance shall be printed prominently on the label as part of the name of the product, as for example, “frankfurts packed in brine,” “lamb tongue packed in vinegar,” or “beef tongue packed in agar jelly,” as the case may be. The packing substance shall not be used in such a manner as will result in the container being so filled as to be misleading.

(q) “Leaf lard” is lard prepared from fresh leaf fat.

(r) When lard or hardened lard is mixed with rendered pork fat or hardened rendered pork fat, the mixture shall be designated as “rendered pork fat” or “hardened rendered pork fat,” as the case may be.

(s) Oil, stearin, or stock obtained from beef or mutton fats rendered at a temperature above 170 °F. shall not be designated as “oleo oil,” “oleo stearin,” or “oleo stock,” respectively.

(t) When not more than 20 percent of beef fat, mutton fat, oleo stearin, vegetable stearin, or hardened vegetable fat is mixed with lard or with rendered pork fat, there shall appear on the label, contiguous to and in the same size and style of lettering as the name of the product, the words “beef fat added,” “mutton fat added,” “oleo stearin added,” “vegetable stearin added,” or “hardened vegetable fat added,” as the case may be. If more than 20 percent is added, the product name shall refer to the particular animal fat or fats used, such as, “Lard and Beef Fat.” The designation “vegetable fat” is applicable to vegetable oil, vegetable stearin, or a combination of such oil and stearin, whereas the designations “vegetable oil” and “vegetable stearin” shall be applicable only to the oil and the stearin respectively, when used in meat products.

(u) Cooked, cured, or pickled pigs feet, pigs knuckles, and similar products, shall be labeled to show that the bones remain in the product, if such is the case. The designation “semi-boneless” shall not be used if less than 50 percent of the total weight of bones has been removed.

(v) When monoglycerides, diglycerides, and/or polyglycerol esters of fatty acids are added to rendered animal fat or a combination of such fat and vegetable fat, there shall appear on the label in a prominent manner and contiguous to the name of the product a statement such as “With Monoglycerides and Diglycerides Added,” or “With Diglycerides and Monoglycerides,” or “With Polyglycerol Esters of Fatty Acids” as the case may be.

(w) Section 407 of the Federal Food, Drug, and Cosmetic Act contains provisions with respect to colored margarine or colored oleomargarine (21 U.S.C. 347) which are set forth herein as footnote.1

(x) When approved proteolytic enzymes as permitted in OAR 603-029-1100 to 603-029-1190 are used on steaks or other raw meat cuts, there shall appear on the label, in a prominent manner, contiguous to the product name, the statement, “Tenderized with [approved enzyme],” to indicate the use of such enzymes. Any other approved substance which may be used in the solution shall also be included in the statement.

When approved inorganic chlorides as permitted in OAR 603-029-1100 to 603-029-1190 are used on steaks or other raw meat cuts there shall appear on the label in a prominent manner, contiguous to the product name, the statement, “Tenderized with (names of approved inorganic chloride(s))” to indicate the use of such inorganic chlorides. Any other approved substance which may be in the solution shall also be included in the statement.

(y) When dimethylpolysiloxan is added as an antifoaming agent to rendered fats, its presence shall be declared on the label contiguous to the name of the product. Such declaration shall read “Dimethylpolysiloxan Added.”

(z) When pizzas are formulated with crust containing calcium propionate or sodium propionate, there shall appear on the label contiguous to the name of the product the statement “____ added to retard spoilage of crust” preceded by the name of the preservative.

(aa) Sausage of the dry varieties treated with potassium sorbate or propylparaben (propyl p-hydroxybenzoate) as permitted by OAR 603-029-1100 to 603-029-1190, shall be marked or labeled with a statement disclosing such treatment and the purpose thereof, such as “dipped in a potassium sorbate solution to retard mold growth.”

(bb) Meat of goats shall be identified as goat meat or chevon.

(cc) The term “Chitterlings” shall apply to the large intestines of swine, or young bovine animals when preceded with the word “Calf” or “Veal.” Meat products that contain chitterlings or calf or veal chitterlings, in accordance with OAR 603-029-1125(2)(h) shall be identified with product names that refer to such ingredients, as for instance, “Chitterling Loaf,” “Chitterling Pie,” or “Calf Chitterlings and Gravy,” and shall be packed in containers having a capacity of 3 pounds or less and of a kind usually sold at retail intact and bearing such other information as is required by this part.

(dd) Products that contain blood from livestock as permitted by OAR 603-029-1100 to 603-029-1190 shall be labeled with a name that includes the term “blood,” and the specific kind of blood shall be declared in the ingredient statement, e.g., “Swine blood,” in the manner required by this part.

(ee) A calendar date may be shown on labeling when declared in accordance with the provisions of this subparagraph:

(A) The calendar date shall express the month of the year and the day of the month for all products and also the year in the case of products hermetically sealed in metal or glass containers, dried or frozen products, or any other products that the Department finds should be labeled with the year because the distribution and marketing practices with respect to such products may cause a label without a year identification to be misleading.

(B) Immediately adjacent to the calendar date there must be a phrase explaining the meaning of the date, in terms of “packing” date, “sell by” date, or “use before” date, with or without a further qualifying phrase, e.g., “For Maximum Freshness” or “For Best Quality.”

(ff) The terms “All,” “Pure,” “100%,” and terms of similar connotation shall not be used on labels for products to identify ingredient content, unless the product is prepared solely from a single ingredient.

(gg) When agar-agar is used in canned jellied meat products, as permitted in OAR 603-029-1100 to 603-029-1190, there shall appear on the label in a prominent manner, contiguous to the product name, a statement to indicate the use of agar-agar.

(hh) When sodium alginate, calcium carbonate, and lactic acid and calcium carbonate (or glucono delta-lactone) are used together in a dry binding matrix in restructured, formed meat products, as permitted in OAR 603-029-1100 to 603-029-1190, there shall appear on the label contiguous to the product name, a statement to indicate the use of sodium alginate, calcium carbonate and lactic acid and calcium carbonate (or glucono delta-lactone).

(ii) The labels of sausages encased in natural casings made from meat or poultry viscera shall identify the type of meat or poultry from which the casings were derived, if the casings are from a different type of meat or poultry than the encased meat or poultry. The identity of the casing, if required, may be placed on the principal display panel or in the ingredient statement. Establishments producing, manufacturing, or using natural sausage casings are to maintain records documenting the meat or poultry source in accordance with OAR 603-029-1300 to 603-029-1330.

(jj) The labels of sausages encased in regenerated collagen casings shall disclose this fact on the product label. The fact that the sausage is encased in collagen may be placed on the principal display panel or in the ingredient statement.

(kk) When transglutaminase enzyme is used to bind pieces of meat to form a cut of meat, or to reform a piece of meat from a multiple cuts, there shall appear on the label, as part of the product name, a statement that indicates that the product has been “formed” or “reformed,” in addition to other preparation steps, e.g., “Formed Beef Tenderloin” or “Reformed and Shaped Beef Tenderloin.”

(ll) A country of origin statement on the label of any meat “covered commodity” as defined in 7 CFR Part 65, Subpart A, that is to be sold by a “retailer,” as defined in 7 CFR 65.240, must comply with the requirements in 7 CFR 65.300 and 65.400.

(1) Colored oleomargarine or colored margarine which is sold in the same State or Territory in which it is produced shall be subject in the same manner and to the same extent to the provisions of this Act as if it had been introduced in interstate commerce.

(2) No person shall sell, or offer for sale, colored oleomargarine or colored margarine unless—

(a) Such oleomargarine or margarine is packaged,

(b) The net weight of the contents of any package sold in a retail establishment is one pound or less,

(c) There appears on the label of the package (A) The word ‘oleomargarine’ or ‘margarine’ in type or lettering at least as large as any other type or lettering on such label, and (B) A full and accurate statement of all the ingredients contained in such oleomargarine, or margarine, and

(d) Each part of the contents of the package is contained in a wrapper which bears the word ‘oleomargarine’ or ‘margarine’ in type or lettering not smaller than 20-point type.

(e) The requirements of this subsection shall be in addition to and not in lieu of any of the other requirements of this Act.

(3) No person shall possess in a form ready for serving colored oleomargarine or colored margarine at a public eating place unless a notice that oleomargarine or margarine is served is displayed prominently and conspicuously in such place and in such manner as to render it likely to be read and understood by the ordinary individual being served in such eating place or is printed or is otherwise set forth on the menu in type or lettering not smaller than that normally used to designate the serving of other food items. No person shall serve colored oleomargarine or colored margarine at a public eating place, whether or not any charge is made therefor, unless (1) each separate serving bears or is accompanied by labeling identifying it as oleomargarine or margarine, or (2) each separate serving thereof is triangular in shape.

(4) Colored oleomargarine or colored margarine when served with meals at a public eating place shall at the time of such service be exempt from the labeling requirements of section 343 of this Act (except subsection (a) and (f) of section 343 of this title) if it complies with the requirements of subsection (b) of this rule.

(5) For the purpose of this section, colored oleomargarine or colored margarine is oleomargarine or margarine having a tint or shade containing more than one and six tenths degrees of yellow or of yellow and red collectively, but with an excess of yellow over red, measured in terms of Lovibond tintometer scale or its equivalent” (21 U.S.C. 347).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1012 Reuse of Oregon Inspection Marks; Reuse of Containers Bearing Oregon Marks, Labels, etc.

(1) No Oregon inspection legend or other Oregon mark which has been previously used shall be used again for the identification of any product, except as provided for in section (2) of this rule.

(2) All stencils, marks, labels, or other labeling on previously used containers, whether relating to any product or otherwise, shall be removed or obliterated before such containers are used for any product, unless such labeling correctly indicates the product to be packed therein and such containers are refilled under the supervision of a Department employee.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.220 & ORS 561.230
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1014 Labeling, Filling of Containers, Handling of Labeled Products to be Only in Compliance with Regulations

(1) No person shall in any state-inspected establishment apply or affix, or cause to be applied or affixed, any label to any product prepared or received in such establishment, or to any container thereof, or fill any container at such an establishment, except in compliance with these Division 29 rules.

(2) No covering or other container shall be filled, in whole or in part, at any state-inspected establishment with any product unless it has been inspected and passed in compliance with the regulations in this subchapter, is not adulterated, and is strictly in accordance with the statements on the label, and such filling is done under the supervision of a Department employee.

(3) No person shall remove, or cause to be removed from an state-inspected establishment any product bearing a label unless such label is in compliance with these Division 29 rules, or any product not bearing a label required by such rules.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1016 Relabeling Products; Requirements

When it is claimed by a state-inspected establishment that any of its products which bore labels bearing Oregon marks has been transported to a location other than a state-inspected establishment, and it is desired to relabel the product because the labels have become mutilated or otherwise damaged, a request for relabeling the product shall be sent to the Department, accompanied with a statement of the reasons therefor. Labeling material intended for relabeling inspected and passed product shall not be transported from a state-inspected establishment until permission has been received from the Department. The relabeling of inspected and passed product with labels bearing any Oregon marks shall be done under the supervision of a Department Inspector. The state-inspected establishment shall reimburse the Department, in accordance with the regulations of the Department, for any cost involved in supervising the relabeling of such product.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1018 Storage and Distribution of Labels and Containers Bearing Oregon Marks

Labels, wrappers, and containers bearing any official marks, with or without the establishment number, may be transported from one state-inspected establishment to any other state-inspected establishment provided such shipments are made with the prior authorization of the inspector in charge at point of origin, who will notify the inspector in charge at destination concerning the date of shipment, quantity, and type of labeling material involved. No such material shall be used at the establishment to which it is shipped unless such use conforms with the requirements of this subchapter.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1020 Labeling and Containers of Custom Prepared Products

Products that are custom prepared under OAR 603-029-0020(1)(b) must be packaged immediately after preparation and must be labeled as required in OAR 603-028-0700. Such exempted custom prepared products or their containers may bear additional labeling provided such labeling is not false or misleading.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1022 Interpretation and Statement of Labeling Policy for Cured Products; Special Labeling Requirements Concerning Nitrate and Nitrite

(1) With respect to OAR 603-029-0020(35)(n) and OAR 603-029-1004, any substance mixed with another substance to cure a product must be identified in the ingredients statement on the label of such product. For example, curing mixtures composed of such ingredients as water, salt, sugar, sodium phosphate, sodium nitrate, and sodium nitrite or other permitted substances which are added to any product, must be identified on the label of the product by listing each such ingredient in accordance with the provisions of OAR 603-029-1004.

(2) Any product, such as bacon and pepperoni, which is required to be labeled by a common or usual name or descriptive name in accordance with 603-029-1004(3)(a) and to which nitrate or nitrite is permitted or required to be added may be prepared without nitrate or nitrite and labeled with such common or usual name or descriptive name when immediately preceded with the term “Uncured” as part of the product name in the same size and style of lettering as the product name, provided that the product is found by the Department to be similar in size, flavor, consistency, and general appearance to such product as commonly prepared with nitrate or nitrite, or both.

(3)(a) Products described in section (2) of this rule or OAR 603-029-1202, which contain no nitrate or nitrite shall bear the statement “No Nitrate or Nitrite Added.” This statement shall be adjacent to the product name in lettering of easily readable style and at least one-half the size of the product name.

(b) Products described in section (2) of this rule and OAR 603-029-1202shall bear, adjacent to the product name in lettering of easily readable style and at least one-half the size of the product name, the statement “Not Preserved—Keep Refrigerated Below 40 °F. At All Times” unless they have been thermally processed to F[sub 0] 3 or more; they have been fermented or pickled to pH of 4.6 or less; or they have been dried to a water activity of 0.92 or less.

(c) Products described in section (2) of this rule and OAR 603-029-1202 shall not be subject to the labeling requirements of sections (2) and (3) of this rule if they contain an amount of salt sufficient to achieve a brine concentration of 10 percent or more.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1024 Packaging Materials

(1) Edible products may not be packaged in a container which is composed in whole or in part of any poisonous or deleterious substances which may render the contents adulterated or injurious to health. All packaging materials must be safe for their intended use within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act, as amended (FFDCA).

(2) Packaging materials entering the state-inspected establishment must be accompanied or covered by a guaranty, or statement of assurance, from the packaging supplier under whose brand name and firm name the material is marketed to the state-inspected establishment. The guaranty shall state that the materials intended use complies with the FFDCA and all applicable food additive regulations. The guaranty must identify the material, e.g., by the distinguishing brand name or code designation appearing on the packaging material shipping container; must specify the applicable conditions of use, including temperature limits and any other pertinent limits specified under the FFDCA and food additive regulations; and must be signed by an authorized official of the supplying firm. The guaranty may be limited to a specific shipment of an article, in which case it may be part of or attached to the invoice covering such shipment, or it may be general and continuing, in which case, in its application to any article or other shipment of an article, it shall be considered to have been given at the date such article was shipped by the person who gives the guaranty. Guaranties consistent with the Food and Drug Administration's regulations regarding such guaranties (21 CFR 7.12 and 7.13) will be acceptable. The management of the state-inspected establishment must maintain a file containing guaranties for all food contact packaging materials in the state-inspected establishment. The file shall be made available to Inspectors or other Department officials upon request. While in the state inspected establishment, the identity of all packaging materials must be traceable to the applicable guaranty.

(3) The guaranty by the packaging supplier will be accepted by Department inspectors to establish that the use of material complies with the FFDCA and all applicable food additive regulations.

(4) The Department will monitor the use of packaging material in state-inspected establishments to assure that the requirements of section (1) of this rule are met and may question the basis for any guaranty described under section (2) of this rule. state-inspected establishments and packaging suppliers providing written guaranties to those state-inspected establishments will be permitted an opportunity to provide information tm designated Department officials as needed to verify the basis for any such guaranty. The required information will include, but is not limited to, manufacturing firm’s name, trade name or code designation for the material, complete chemical composition, and use. Selection of a material for review does not in itself affect a material’s acceptability. Materials may continue to be used during the review period. However, if information requested from the supplier is not provided within the time indicated in the request—a minimum of 30 days—any applicable guaranty shall cease to be effective, and approval to continue using the specified packaging material in state-inspected establishments may be denied. The Department may extend this time where reasonable grounds for extension are shown, as, for example, where data must be obtained from suppliers.

(5) The Department may disapprove for use in state-inspected establishments packaging materials whose use cannot be confirmed as complying with FFDCA and applicable food additive regulations. Before approval to use a packaging material is finally denied by the Department, the affected state-inspected establishment and the supplier of the material shall be given notice and the opportunity to present their views to the Department. If the state-inspected establishment and the supplier do not accept the Department's determination, a hearing in accordance with applicable rules of practice will be held to resolve such dispute. Approval to use the materials pending the outcome of the presentation of views or hearing shall be denied if the Department determines that such use may present an imminent hazard to public health.

(6) Periodically, the Department will issue to Inspectors a listing, by distinguishing brand name or code designation, of packaging materials that have been reviewed and that fail to meet the requirements of section (1) of this rule. Listed materials will not be permitted for use in state-inspected establishments. If a subsequent review of any material indicates that it meets the requirements of section (1), the material will be deleted from the listing.

(7) Nothing in this rule shall affect the authority of Inspectors to refuse a specific material if he/she determines the material may render products adulterated or injurious to health.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1026 Nutrition Labeling of Meat and Meat Products

(1) Nutrition labeling must be provided for all meat and meat products intended for human consumption and offered for sale, except single-ingredient, raw meat products that are not ground or chopped meat products described in OAR 603-029-1028 and are not major cuts of single-ingredient, raw meat products identified in OAR 603-029-1040, unless the product is exempted under OAR 603-029-1060. Nutrition labeling must be provided for the major cuts of single-ingredient, raw meat products identified in OAR 603-029-1040, either in accordance with the provisions of OAR 603-029-1034 for nutrition labels, or in accordance with the provisions of OAR 603-029-1042 for point-of-purchase materials, except as exempted under OAR 603-029-1060. For all other products for which nutrition labeling is required, including ground or chopped meat products described in OAR 603-029-1028, nutrition labeling must be provided in accordance with the provisions of OAR 603-029-1034, except as exempted under OAR 603-029-1060.

(2) Nutrition labeling may be provided for single-ingredient, raw meat products that are not ground or chopped meat products described in OAR 603-029-1028 and that are not major cuts of single-ingredient, raw meat products identified in OAR 603-029-1040, either in accordance with the provisions of OAR 603-029-1034 for nutrition labels, or in accordance with the provisions of OAR 603-029-1042 for point-of-purchase materials.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1028 Required Nutrition Labeling of Ground or Chopped Meat Products

Nutrition labels must be provided for all ground or chopped products (livestock species) and hamburger with or without added seasonings (including, but not limited to, ground beef, ground beef patties, ground sirloin, ground pork, and ground lamb) that are intended for human consumption and offered for sale, in accordance with the provisions of OAR 603-029-1034, except as exempted under OAR 603-029-1060.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1030 Location of Nutrition Information

(1) Nutrition information on a label of a packaged meat or meat product shall appear on the la’el's principal display panel or on the information panel, except as provided in sections (2) and (3) of this rule.

(2) Nutrition information for gift packs may be shown at a location other than on the product label, provided that the labels for these products bear no nutrition claim. In lieu of on the product label, nutrition information may be provided by alternate means such as product label inserts.

(3) Meat or meat products in packages that have a total surface area available to bear labeling greater than 40 square inches but whose principal display panel and information panel do not provide sufficient space to accommodate all required information may use any alternate panel that can be readily seen by consumers for the nutrition information. In determining the sufficiency of available space for the nutrition information, the space needed for vignettes, designs, and other nonmandatory label information on the principal display panel may be considered.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1032 Labeling of Meat or Meat Products with Number of Servings

The label of any package of a meat or meat product that bears a representation as to the number of servings contained in such package shall meet the requirements of 603-029-1004(8)(j).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1034 Nutrition Label Content

(1) All nutrient and food component quantities shall be declared in relation to a serving as defined in this rule.

(2)(a) The term “serving” or “serving size” means an amount of food customarily consumed per eating occasion by persons 4 years of age or older, which is expressed in a common household measure that is appropriate to the product. When the product is specially formulated or processed for use by infants or by toddlers, a serving or serving size means an amount of food customarily consumed per eating occasion by infants up to 12 months of age or by children 1 through 3 years of age, respectively.

(b) Except as provided in subsections (2)(h), (2)(l), and (2)(n) of this rule and for products that are intended for weight control and are available only through a weight-control or weight-maintenance program, serving size declared on a product label shall be determined from the “Reference Amounts Customarily Consumed Per Eating Occasion—General Food Supply” (Reference Amount(s)) that appear in 603-029-1036(a) using the procedures described in this section (2). For products that are both intended for weight control and available only through a weight-control program, a manufacturer may determine the serving size that is consistent with the meal plan of the program. Such products must bear a statement, “for sale only through the ___ program” (fill in the blank with the name of the appropriate weight-control program, e.g., Smith’s Weight Control), on the principal display panel. However, the Reference Amounts in 603-029-1036(a) shall be used for purposes of evaluating whether weight-control products that are available only through a weight-control program qualify for nutrition claims.

(c) The declaration of nutrient and food component content shall be on the basis of the product “as packaged” for all products, except that single-ingredient, raw products that are not ground or chopped meat products described in OAR 603-029-1028may be declared on the basis of the product “as consumed.” For single-ingredient, raw products that are not ground or chopped meat products described in OAR 603-029-1028, if data are based on the product ‘as consumed,’ the data must be presented in accordance with 603-029-1042(4). In addition to the required declaration on the basis of “as packaged” for products other than single-ingredient, raw products that are not ground or chopped meat products described in OAR 603-029-1028, the declaration may also be made on the basis of “as consumed,” provided that preparation and cooking instructions are clearly stated.

(d) For products in discrete units (e.g., hot dogs, and individually packaged products within a multi-serving package), and for products which consist of two or more foods packaged and presented to be consumed together where the ingredient represented as the main ingredient is in discrete units (e.g., beef fritters and barbecue sauce), the serving size shall be declared as follows:

(A) If a unit weighs 50 percent or less of the Reference Amount, the serving size shall be the number of whole units that most closely approximates the Reference Amount for the product category.

(B) If a unit weighs more than 50 percent but less than 67 percent of the Reference Amount, the manufacturer may declare one unit or two units as the serving size.

(C) If a unit weighs 67 percent or more but less than 200 percent of the Reference Amount, the serving size shall be one unit.

(D) If a unit weighs 200 percent or more of the Reference Amount, the manufacturer may declare one unit as the serving size if the whole unit can reasonably be consumed at a single eating occasion.

(E) For products that have Reference Amounts of 100 grams (or milliliter) or larger and are individual units within a multi-serving package, if a unit contains more than 150 percent but less than 200 percent of the Reference Amount, the manufacturer may decide whether to declare the individual unit as 1 or 2 servings.

(F) For products which consist of two or more foods packaged and presented to be consumed together where the ingredient represented as the main ingredient is in discrete units (e.g., beef fritters and barbecue sauce), the serving size may be the number of discrete units represented as the main ingredient plus proportioned minor ingredients used to make the Reference Amount for the combined product as determined in OAR 603-029-1036(3).

(G) For packages containing several individual single-serving containers, each of which is labeled with all required information including nutrition labeling as specified in this rule (i.e., are labeled appropriately for individual sale as single-serving containers), the serving size shall be 1 unit.

(e) For products in large discrete units that are usually divided for consumption (e.g., pizza), for unprepared products where the entire contents of the package is used to prepare large discrete units that are usually divided for consumption (e.g. pizza kit), and for products which consist of two or more foods packaged and presented to be consumed together where the ingredient represented as the main ingredient is a large discrete unit usually divided for consumption, the serving size shall be the fractional slice of the ready-to-eat product (e.g., 1⁄8 quiche, 1⁄4 pizza) that most closely approximates the Reference Amount for the product category. The serving size may be the fraction of the package used to make the Reference Amount for the unprepared product determined in OAR 603-029-1036(4) or the fraction of the large discrete unit represented as the main ingredient plus proportioned minor ingredients used to make the Reference Amount of the combined product determined in OAR 603-029-1036(3. In expressing the fractional slice, manufacturers shall use 1⁄2 , 1⁄3 , 1⁄4 , 1⁄5 , 1⁄6 , or smaller fractions that can be generated by further division by 2 or 3.

(f) For non-discrete bulk products (e.g., whole roast beef, marinated beef tenderloin, large can of chili), and for products which consist of two or more foods packaged and presented to be consumed together where the ingredient represented as the main ingredient is a bulk product (e.g., roast beef and gravy), the serving size shall be the amount in household measure that most closely approximates the Reference Amount for the product category and may be the amount of the bulk product represented as the main ingredient plus proportioned minor ingredients used to make the Reference Amount for the combined product determined in OAR 603-029-1036(3).

(g) For labeling purposes, the term “common household measure” or “common household unit” means cup, tablespoon, teaspoon, piece, slice, fraction (e.g., 1⁄4 pizza), ounce (oz), or other common household equipment used to package food products (e.g., jar or tray). In expressing serving size in household measures, except as specified in paragraphs (2)(g)(D), (E), and (F) of this rule, the following rules shall be used:

(A) Cups, tablespoons, or teaspoons shall be used wherever possible and appropriate. Cups shall be expressed in 1–4 - or 1⁄3 -cup increments, tablespoons in whole number of tablespoons for quantities less than 1⁄4 cup but greater than or equal to 2 tablespoons (tbsp), 1, 11⁄3 , 11⁄2 , or 1 2⁄3 tbsp for quantities less than 2 tbsp but greater than or equal to 1 tbsp, and teaspoons in whole number of teaspoons for quantities less than 1 tbsp but greater than or equal to 1 teaspoon (tsp), and in 1⁄4 -tsp increments for quantities less than 1 tsp.

(B) If cups, tablespoons or teaspoons are not applicable, units such as piece, slice, tray, jar, and fraction shall be used.

(C) If cups, tablespoons and teaspoons, or units such as piece, slice, tray, jar, or fraction are not applicable, ounces may be used. Ounce measurements shall be expressed in 0.5-ounce increments most closely approximating the Reference Amount with rounding indicated by the use of the term “about” (e.g., about 2.5 ounces).

(D) A description of the individual container or package shall be used for single-serving containers and for individually packaged products within multi-serving containers (e.g., can, box, package, meal, or dinner). A description of the individual unit shall be used for other products in discrete units (e.g., chop, slice, link, or patty).

(E) For unprepared products where the entire contents of the package is used to prepare large discrete units that are usually divided for consumption (e.g., pizza kit), the fraction or portion of the package may be used.

(F) For products that consist of two or more distinct ingredients or components packaged and presented to be consumed together (e.g., ham with a glaze packet), the nutrition information may be declared for each component or as a composite. The serving size may be provided in accordance with the provisions of subsections (2)(d), (2)(e), and (2)(f) of this rule.

(G) For nutrition labeling purposes, a teaspoon means 5 milliliters (mL), a tablespoon means 15 mL, a cup means 240 mL, and 1 oz in weight means 28 grams (g).

(H) When a serving size, determined from the Reference Amount in OAR 603-029-1036(2) and the procedures described in OAR 603-029-1000 to 603-029-1058, falls exactly half way between two serving sizes (e.g., 2.5 tbsp), manufacturers shall round the serving size up to the next incremental size.

(h) A product that is packaged and sold individually and that contains less than 200 percent of the applicable Reference Amount shall be considered to be a single-serving container, and the entire content of the product shall be labeled as one serving, except for products that have Reference Amounts of 100 g (or mL) or larger, manufacturers may decide whether a package that contains more than 150 percent but less than 200 percent of the Reference Amount is 1 or 2 servings. Packages sold individually that contain 200 percent or more of the applicable Reference Amount may be labeled as a single-serving if the entire content of the package can reasonably be consumed at a single-eating occasion.

(i) A label statement regarding a serving shall be the serving size expressed in common household measures as set forth in subsections (2)(b) through (2)(h) of this rule and shall be followed by the equivalent metric quantity in parenthesis (fluids in milliliters and all other foods in grams), except for single-serving containers.

(A) For a single-serving container, the parenthetical metric quantity, which will be presented as part of the net weight statement on the principal display panel, is not required except where nutrition information is required on a drained weight basis according to subsection (2)(k) of this rule. However, if a manufacturer voluntarily provides the metric quantity on products that can be sold as single-servings, then the numerical value provided as part of the serving size declaration must be identical to the metric quantity declaration provided as part of the net quantity of contents statement.

(B) The gram or milliliter quantity equivalent to the household measure should be rounded to the nearest whole number except for quantities that are less than 5 g (mL). The gram (mL) quantity between 2 and 5 g (mL) should be rounded to the nearest 0.5 g (mL) and the g (mL) quantity less than 2 g (mL) should be expressed in 0.1-g (mL) increments.

(C) In addition, serving size may be declared in ounce, in parenthesis, following the metric measure separated by a slash where other common household measures are used as the primary unit for serving size, e.g., 1 slice (28 g/1 oz) for sliced bologna. The ounce quantity equivalent to the metric quantity should be expressed in 0.1-oz increments.

(D) If a manufacturer elects to use abbreviations for units, the following abbreviations shall be used: tbsp for tablespoon, tsp for teaspoon, g for gram, mL for milliliter, and oz for ounce.

(j) Determination of the number of servings per container shall be based on the serving size of the product determined by following the procedures described in this rule.

(A) The number of servings shall be rounded to the nearest whole number except for the number of servings between 2 and 5 servings and random weight products. The number of servings between 2 and 5 servings shall be rounded to the nearest 0.5 serving. Rounding should be indicated by the use of the term “about” (e.g., about 2 servings; about 3.5 servings).

(B) When the serving size is required to be expressed on a drained solids basis and the number of servings varies because of a natural variation in unit size (e.g., pickled pigs feet), the manufacturer may state the typical number of servings per container (e.g., usually 5 servings).

(C) For random weight products, a manufacturer may declare “varied” for the number of servings per container provided the nutrition information is based on the Reference Amount expressed in ounces. The manufacturer may provide the typical number of servings in parenthesis following the “varied” statement (e.g., varied (approximately 8 servings per pound)).

(D) For packages containing several individual single-serving containers, each of which is labeled with all required information including nutrition labeling as specified in this OAR 603-029-1000 to 603-029-1058 (i.e., are labeled appropriately for individual sale as single-serving containers), the number of servings shall be the number of individual packages within the total package.

(E) For packages containing several individually packaged multi-serving units, the number of servings shall be determined by multiplying the number of individual multi-serving units in the total package by the number of servings in each individual unit. The declaration of the number of servings per container need not be included in nutrition labeling of single-ingredient, raw meat products that are not ground or chopped meat products described in OAR 603-029-1028, including those that have been previously frozen.

(j) The declaration of nutrient and food component content shall be on the basis of product as packaged or purchased with the exception of single-ingredient, raw products that are not ground or chopped meat products described in OAR 603-029-1028 and products that are packed or canned in water, brine, or oil but whose liquid packing medium is not customarily consumed. Declaration of the nutrient and food component content of products that are packed in liquid which is not customarily consumed shall be based on the drained solids.

(k) The serving size for meal-type products and main-dish products as defined in OAR 603-029-1038 (12) and (13) in single-serving containers will be the entire edible content of the package. Serving size for meal-type products and main-dish products in multi-serve containers will be based on the reference amount applicable to the product in OAR 603-029-1038(2) if the product is listed in OAR 603-029-1038(2). Serving size for meal-type products and main-dish products in multi-serve containers that are not listed in OAR 603-029-1038(2) will be based on the reference amount according to OAR 603-029-1038 (3), (4), and (5).

(l) Another column of figures may be used to declare the nutrient and food component information in the same format as required by OAR 603-029-1034(5),

(A) Per 100 grams, 100 milliliters, or 1 ounce of the product as packaged or purchased.

(B) Per one unit if the serving size of a product in discrete units in a multi-serving container is more than one unit.

(m) If a product consists of assortments of meat or meat products (e.g., variety packs) in the same package, nutrient content shall be expressed on the entire package contents or on each individual product.

(n) If a product is commonly combined with other ingredients or is cooked or otherwise prepared before eating, and directions for such combination or preparations are provided, another column of figures may be used to declare the nutrient contents on the basis of the product as consumed for the product alone (e.g., a cream soup mix may be labeled with one set of Daily Values for the dry mix (per serving), and another set for the serving of the final soup when prepared (e.g., per serving of cream soup mix and 1 cup of vitamin D fortified whole milk)): Provided, That the type and quantity of the other ingredients to be added to the product by the user and the specific method of cooking and other preparation shall be specified prominently on the label.

(3) The declaration of nutrition information on the label or in labeling of a meat or meat product shall contain information about the level of the following nutrients, except for those nutrients whose inclusion, and the declaration of amounts, is voluntary as set forth in this section. No nutrients or food components other than those listed in this section as either mandatory or voluntary may be included within the nutrition label. Except as provided for in section (6) or (7) of this rule, nutrient information shall be presented using the nutrient names specified and in the following order in the formats specified in section (4) or (5) of this rule.

(a) “Calories, total,” “Total calories,” or “Calories”: A statement of the caloric content per serving, expressed to the nearest 5-calorie increment up to and including 50 calories, and 10-calorie increment above 50 calories, except that amounts less than 5 calories may be expressed as zero. Energy content per serving may also be expressed in kilojoule units, added in parenthesis immediately following the statement of the caloric content.

(A) Caloric content may be calculated by the following methods. Where either specific or general food factors are used, the factors shall be applied to the actual amount (i.e., before rounding) of food components (e.g., fat, carbohydrate, protein, or ingredients with specific food factors) present per serving.

(i) Using specific Atwater factors (i.e., the Atwater method) given in Table 13, page 25, “Energy Value of Foods—Basis and Derivation,” by A. L. Merrill and B. K. Watt, United States Department of Agriculture (USDA), Agriculture Handbook No. 74 (Slightly revised February 1973), which is incorporated by reference;

(ii) Using the general factors of 4, 4, and 9 calories per gram for protein, total carbohydrate, and total fat, respectively, as describe’ in USDA's Agriculture Handbook No. 74 (Slightly revised February 1973), pages 9-11, which is incorporated by reference;

(iii) Using the general factors of 4, 4, and 9 calories per gram for protein, total carbohydrate less the amount of insoluble dietary fiber, and total fat, respectively, as describe’ in USDA's Agriculture Handbook No. 74 (Slightly revised February 1973), pages 9-11, which is incorporated by reference; or

(iv) Using data for specific food factors for particular foods or ingredients approved by the Food and Drug Administration (FDA) and provided in parts 172 or 184 of 21 CFR, or by other means, as appropriate.

(B) “Calories from fat”: A statement of the caloric content derived from total fat as defined in subsection (3)(b) of this rule per serving, expressed to the nearest 5-calorie increment, up to and including 50 calories, and the nearest 10-calorie increment above 50 calories, except that label declaration of “calories from fat” is not required on products that contain less than 0.5 gram of fat per serving and amounts less than 5 calories may be expressed as zero. This statement shall be declared as provided in subsection (4)(e) of this rule.

(C) “Calories from saturated fat” or “Calories from saturated” (VOLUNTARY): A statement of the caloric content derived from saturated fat as defined in paragraph (3)(b)(A) of this rule per serving may be declared voluntarily, expressed to the nearest 5-calorie increment, up to and including 50 calories, and the nearest 10-calorie increment above 50 calories, except that amounts less than 5 calories may be expressed as zero. This statement shall be indented under the statement of calories from fat as provided in subsection (4)(e) of this rule.

(b) “Fat, total” or “Total fat”: A statement of the number of grams of total fat per serving defined as total lipid fatty acids and expressed as triglycerides. Amounts shall be expressed to the nearest 0.5 ( 1⁄2 )-gram increment below 5 grams and to the nearest gram increment above 5 grams. If the serving contains less than 0.5 gram, the content shall be expressed as zero.

(A) “Saturated fat” or “Saturated”: A statement of the number of grams of saturated fat per serving defined as the sum of all fatty acids containing no double bonds, except that label declaration of saturated fat content information is not required for products that contain less than 0.5 gram of total fat per serving if no claims are made about fat or cholesterol content, and if “calories from saturated fat” is not declared. Saturated fat content shall be indented and expressed as grams per serving to the nearest 0.5 ( 1⁄2 )-gram increment below 5 grams and to the nearest gram increment above 5 grams. If the serving contains less than 0.5 gram, the content shall be expressed as zero.

(i) “Stearic Acid” (VOLUNTARY): A statement of the number of grams of stearic acid per serving may be declared voluntarily, except that when a claim is made about stearic acid, label declaration shall be required. Stearic acid content shall be indented under saturated fat and expressed to the nearest 0.5 ( 1⁄2 )-gram increment below 5 grams and the nearest gram increment above 5 grams. If the serving contains less than 0.5 gram, the content shall be expressed as zero.

(ii) [Reserved]

(B) “Polyunsaturated fat” or “Polyunsaturated” (VOLUNTARY): A statement of the number of grams of polyunsaturated fat per serving defined as cis,cis-methylene-interrupted polyunsaturated fatty acids may be declared voluntarily, except that when monounsaturated fat is declared, or when a claim about fatty acids or cholesterol is made on the label or in labeling of a product other than one that meets the criteria in OAR 603-029-1052(2)(a) for a claim for “fat free,” label declaration of polyunsaturated fat is required. Polyunsaturated fat content shall be indented and expressed as grams per serving to the nearest 0.5 ( 1⁄2 )-gram increment below 5 grams and to the nearest gram increment above 5 grams. If the serving contains less than 0.5 gram, the content shall be expressed as zero.

(C) “Monounsaturated fat” or “Monounsaturated” (VOLUNTARY): A statement of the number of grams of monounsaturated fat per serving defined as cis-monounsaturated fatty acids may be declared voluntarily, except that when polyunsaturated fat is declared, or when a claim about fatty acids or cholesterol is made on the label or in labeling of a product other than one that meets the criteria in OAR 603-029-1052(2)(a) for a claim for “fat free,” label declaration of monounsaturated fat is required. Monounsaturated fat content shall be indented and expressed as grams per serving to the nearest 0.5 ( 1⁄2 )-gram increment below 5 grams and to the nearest gram increment above 5 grams. If the serving contains less than 0.5 gram, the content shall be expressed as zero.

(c) “Cholesterol”: A statement of the cholesterol content per serving expressed in milligrams to the nearest 5-milligram increment, except that label declaration of cholesterol information is not required for products that contain less than 2 milligrams of cholesterol per serving and make no claim about fat, fatty acids, or cholesterol content, or such products may state the cholesterol content as zero. If the product contains 2 to 5 milligrams of cholesterol per serving, the content may be stated as “less than 5 milligrams.”

(d) “Sodium”: A statement of the number of milligrams of sodium per serving expressed as zero when the serving contains less than 5 milligrams of sodium, to the nearest 5-milligram increment when the serving contains 5 to 140 milligrams of sodium, and to the nearest 10-milligram increment when the serving contains greater than 140 milligrams.

(e) “Potassium” (VOLUNTARY): A statement of the number of milligrams of potassium per serving may be declared voluntarily, except that when a claim is made about potassium content, label declaration shall be required. Potassium content shall be expressed as zero when the serving contains less than 5 milligrams of potassium, to the nearest 5-milligram increment when the serving contains 5 to 140 milligrams of potassium, and to the nearest 10-milligram increment when the serving contains greater than 140 milligrams.

(f) “Carbohydrate, total” or “Total carbohydrate”: A statement of the number of grams of total carbohydrate per serving expressed to the nearest gram, except that if a serving contains less than 1 gram, the statement “Contains less than 1 gram” or “less than 1 gram” may be used as an alternative, or, if the serving contains less than 0.5 gram, the content may be expressed as zero. Total carbohydrate content shall be calculated by subtraction of the sum of the crude protein, total fat, moisture, and ash from the total weight of the product. This calculation method is described in USDA's Agriculture Handbook No. 74 (Slightly revised February 1973), pages 2 and 3, which is incorporated by reference.

(A) “Dietary fiber”: A statement of the number of grams of total dietary fiber per serving, indented and expressed to the nearest gram, except that if a serving contains less than 1 gram, declaration of dietary fiber is not required, or, alternatively, the statement “Contains less than 1 gram” or “less than 1 gram” may be used, and if the serving contains less than 0.5 gram, the content may be expressed as zero.

(i) “Soluble fiber” (VOLUNTARY): A statement of the number of grams of soluble dietary fiber per serving may be declared voluntarily except when a claim is made on the label or in labeling about soluble fiber, label declaration shall be required. Soluble fiber content shall be indented under dietary fiber and expressed to the nearest gram, except that if a serving contains less than 1 gram, the statement “Contains less than 1 gram” or “less than 1 gram” may be used as an alternative, and if the serving contains less than 0.5 gram, the content may be expressed as zero.

(ii) “Insoluble fiber” (VOLUNTARY): A statement of the number of grams of insoluble dietary fiber per serving may be declared voluntarily except when a claim is made on the label or in labeling about insoluble fiber, label declaration shall be required. Insoluble fiber content shall be indented under dietary fiber and expressed to the nearest gram, except that if a serving contains less than 1 gram, the statement “Contains less than 1 gram” or “less than 1 gram” may be used as an alternative, and if the serving contains less than 0.5 gram, the content may be expressed as zero.

(B) “Sugars”: A statement of the number of grams of sugars per serving, except that label declaration of sugars content is not required for products that contain less than 1 gram of sugars per serving if no claims are made about sweeteners, sugars, or sugar alcohol content. Sugars shall be defined as the sum of all free mono- and disaccharides (such as glucose, fructose, lactose, and sucrose). Sugars content shall be indented and expressed to the nearest gram, except that if a serving contains less than 1 gram, the statement “Contains less than 1 gram” or “less than 1 gram” may be used as an alternative, and if the serving contains less than 0.5 gram, the content may be expressed as zero.

(C) “Sugar alcohol” (VOLUNTARY): A statement of the number of grams of sugar alcohols per serving may be declared voluntarily on the label, except that when a claim is made on the label or in labeling about sugar alcohol or sugars when sugar alcohols are present in the product, sugar alcohol content shall be declared. For nutrition labeling purposes, sugar alcohols are defined as the sum of saccharide derivatives in which a hydroxyl group replaces a ketone or aldehyde group and whose use in the food is listed by FDA (e.g., mannitol or xylitol) or is generally recognized as safe (e.g., sorbitol). In lieu of the term “sugar alcohol,” the name of the specific sugar alcohol (e.g., “xylitol”) present in the product may be used in the nutrition label, provided that only one sugar alcohol is present in the product. Sugar alcohol content shall be indented and expressed to the nearest gram, except that if a serving contains less than 1 gram, the statement “Contains less then 1 gram” or “less than 1 gram” may be used as an alternative, and if the serving contains less than 0.5 gram, the content may be expressed as zero.

(D) “Other carbohydrate” (VOLUNTARY): A statement of the number of grams of other carbohydrate per serving may be declared voluntarily. Other carbohydrate shall be defined as the difference between total carbohydrate and the sum of dietary fiber, sugars, and sugar alcohol, except that if sugar alcohol is not declared (even if present), it shall be defined as the difference between total carbohydrate and the sum of dietary fiber and sugars. Other carbohydrate content shall be indented and expressed to the nearest gram, except that if a serving contains less than 1 gram, the statement “Contains less than 1 gram” or “less than 1 gram” may be used as an alternative, and if the serving contains less than 0.5 gram, the content may be expressed as zero.

(g) “Protein”: A statement of the number of grams of protein per serving expressed to the nearest gram, except that if a serving contains less than 1 gram, the statement “Contains less than 1 gram” or “less than 1 gram” may be used as an alternative, and if the serving contains less than 0.5 gram, the content may be expressed as zero. When the protein in products represented or purported to be for adults and children 4 or more years of age has a protein quality value that is a protein digestibility-corrected amino acid score of less than 20 expressed as a percent, or when the protein in a product represented or purported to be for children greater than 1 but less than 4 years of age has a protein quality value that is a protein digestibility-corrected amino acid score of less than 40 expressed as a percent, either of the following shall be placed adjacent to the declaration of protein content by weight: The statement “not a significant source of protein,” or a listing aligned under the column headed “Percent Daily Value” of the corrected amount of protein per serving, as determined in paragraph (3)(g)(B) of this rule, calculated as a percentage of the Daily Reference Value (DRV) or Reference Daily Intake (RDI), as appropriate, for protein and expressed as percent of Daily Value. When the protein quality in a product as measured by the Protein Efficiency Ratio (PER) is less than 40 percent of the reference standard (casein) for a product represented or purported to be for infants, the statement “not a significant source of protein” shall be placed adjacent to the declaration of protein content. Protein content may be calculated on the basis of the factor of 6.25 times the nitrogen content of the food as determined by appropriate methods of analysis in accordance with OAR 603-029-1034(8), except when the procedure for a specific food requires another factor.

(A) A statement of the corrected amount of protein per serving, as determined in paragraph (3)(g)(B) of this rule, calculated as a percentage of the RDI or DRV for protein, as appropriate, and expressed as percent of Daily Value, may be placed on the label, except that such a statement shall be given if a protein claim is made for the product, or if the product is represented or purported to be for infants or children under 4 years of age. When such a declaration is provided, it shall be placed on the label adjacent to the statement of grams of protein and aligned under the column headed “Percent Daily Value,” and expressed to the nearest whole percent. However, the percentage of the RDI for protein shall not be declared if the product is represented or purported to be for infants and the protein quality value is less than 40 percent of the reference standard.

(B) The corrected amount of protein (grams) per serving for products represented or purported to be for adults and children 1 or more years of age is equal to the actual amount of protein (grams) per serving multiplied by the amino acid score corrected for protein digestibility. If the corrected score is above 1.00, then it shall be set at 1.00. The protein digestibility-corrected amino acid score shall be determined by methods given in sections 5.4.1, 7.2.1, and 8 in “Protein Quality Evaluation, Report of the Joint FAO/WHO Expert Consultation on Protein Quality Evaluation,” Rome, 1990, which is incorporated by reference. For products represented or purported to be for infants, the corrected amount of protein (grams) per serving is equal to the actual amount of protein (grams) per serving multiplied by the relative protein quality value. The relative protein quality value shall be determined by dividing the subject product's protein PER value by the PER value for casein. If the relative protein value is above 1.00, it shall be set at 1.00.

(C) For the purpose of labeling with a percent of the DRV or RDI, a value of 50 grams of protein shall be the DRV for adults and children 4 or more years of age, and the RDI for protein for children less than 4 years of age, infants, pregnant women, and lactating women shall be 16 grams, 14 grams, 60 grams, and 65 grams, respectively.

(h) Vitamins and minerals: A statement of the amount per serving of the vitamins and minerals as described in this section, calculated as a percent of the RDI and expressed as percent of Daily Value.

(A) For purposes of declaration of percent of Daily Value as provided for in sections (4) through (7) of this rule, products represented or purported to be for use by infants, children less than 4 years of age, pregnant women, or lactating women shall use the RDI's that are specified for the intended group. For products represented or purported to be for use by both infants and children under 4 years of age, the percent of Daily Value shall be presented by separate declarations according to section (5) of this rule based on the RDI values for infants from birth to 12 months of age and for children under 4 years of age. Similarly, the percent of Daily Value based on both the RDI values for pregnant women and for lactating women shall be declared separately on products represented or purported to be for use by both pregnant and lactating women. When such dual declaration is used on any label, it shall be included in all labeling, and equal prominence shall be given to both values in all such labeling. All other products shall use the RDI for adults and children 4 or more years of age.

(B) The declaration of vitamins and minerals as a percent of the RDI shall include vitamin A, vitamin C, calcium, and iron, in that order, and shall include any of the other vitamins and minerals listed in paragraph (3)(h)(D) of this rule when they are added, or when a claim is made about them. Other vitamins and minerals need not be declared if neither the nutrient nor the component is otherwise referred to on the label or in labeling or advertising and the vitamins and minerals are:

(i) Required or permitted in a standardized food (e.g., thiamin, riboflavin, and niacin in enriched flour) and that standardized food is included as an ingredient (i.e., component) in another product; or

(ii) Included in a product solely for technological purposes and declared only in the ingredients statement. The declaration may also include any of the other vitamins and minerals listed in paragraph (3)(h)(D) of this rule when they are naturally occurring in the food. The additional vitamins and minerals shall be listed in the order established in paragraph (3)(h)(D) of this rule.

(C) The percentages for vitamins and minerals shall be expressed to the nearest 2-percent increment up to and including the 10-percent level, the nearest 5-percent increment above 10 percent and up to and including the 50-percent level, and the nearest 10-percent increment above the 50-percent level. Amounts of vitamins and minerals present at less than 2 percent of the RDI are not required to be declared in nutrition labeling but may be declared by a zero or by the use of an asterisk (or other symbol) that refers to another asterisk (or symbol) that is placed at the bottom of the table and that is followed by the statement “Contains less than 2 percent of the Daily Value of this (these) nutrient (nutrients).” Alternatively, if vitamin A, vitamin C, calcium, or iron is present in amounts less than 2 percent of the RDI, label declaration of the nutrient(s) is not required if the statement “Not a significant source of ___ (listing the vitamins or minerals omitted)” is placed at the bottom of the table of nutrient values.’(D) The following RDI's and nomenclature are established for the following vitamins and minerals which are essential in human nutrition:

(i) The following synonyms may be added in parenthesis immediately following the name of the nutrient or dietary component:

(E) A statement of the percent of vitamin A that is present as beta-carotene may be declared voluntarily. When the vitamins and minerals are listed in a single column, the statement shall be indented under the information on vitamin A. When vitamins and minerals are arrayed horizontally, the statement of percent shall be presented in parenthesis following the declaration of vitamin A and the percent of Daily Value of vitamin A in the product (e.g., “Percent Daily Value: Vitamin A 50 (90 percent as beta-carotene)”). When declared, the percentages shall be expressed in the same increments as are provided for vitamins and minerals in paragraph (3)(h)(C) of this rule.

(4)(a) Nutrient information specified in section (3) of this rule shall be presented on products in the following format, except on products on which dual columns of nutrition information are declared as provided for in section (5) of this rule, on those products on which the simplified format is permitted to be used as provided for in section (6) of this rule, on products for infants and children less than 4 years of age as provided for in OAR 603-029-1060(3), and on products in packages that have a total surface area available to bear labeling of 40 or less square inches as provided for in section (7) of this rule.

(A) The nutrition information shall be set off in a box by use of hairlines and shall be all black or one color type, printed on a white or other neutral contrasting background whenever practical.

(B) All information within the nutrition label shall utilize:

(i) A single easy-to-read type style,

(ii) Upper and lower case letters,

(iii) At least one point leading (i.e., space between two lines of text) except that at least four points leading shall be utilized for the information required by subsections (4)(g) and (4)(h) of this rule, and

(iv) Letters should never touch.

(C) Information required in subsections (4)(c), (4)(e), (4)(g), and (4)(h) of this rule shall be in type size no smaller than 8 point. Except for the heading “Nutrition Facts,” the information required in subsections (4)(d), (4)(f), and (4)(h) of this rule and all other information contained within the nutrition label shall be in type size no smaller than 6 point. When provided, the information described in subsection (4)(j) of this rule shall also be in type no smaller than 6 point.

(D) The headings required by subsections (4)(b), (4)(d), and (4)(f) of this rule (i.e., “Nutrition Facts,” “Amount per Serving,” and “% Daily Value*”), the names of all nutrients that are not indented according to requirements of section (3) of this rule (i.e., Calories, Total fat, Cholesterol, Sodium, Potassium, Total carbohydrate, and Protein), and the percentage amounts required by paragraph (4)(g)(B) of this rule shall be highlighted by bold or extra bold type or other highlighting (reverse printing is not permitted as a form of highlighting) that prominently distinguishes it from other information. No other information shall be highlighted.

(E) A hairline rule that is centered between the lines of text shall separate “Amount Per Serving” from the calorie statements required in subsection (4)(e) of this rule and shall separate each nutrient and its corresponding percent of Daily Value required in paragraphs (4)(g)(A) and (4)(g)(B) of this rule from the nutrient and percent of Daily Value above and below it.

(b) The information shall be presented under the identifying heading of “Nutrition Facts” which shall be set in a type size larger than all other print size in the nutrition label and, except for labels presented according to the format provided for in subsection (4)(k) of this rule, unless impractical, shall be set the full width of the information provided under subsection (4)(g) of this rule.

(A) “Serving Size”: A statement of the serving size as specified in subsection (2)(i) of this rule.

(B) “Servings Per Container”: The number of servings per container, except that this statement is not required on single-serving containers as defined in subsection (2)(h) of this rule or on single-ingredient, raw meat products that are not ground or chopped meat products described in OAR 603-029-1028.

(d) A subheading “Amount Per Serving” shall be separated from serving size information by a bar.

(e) Information on calories shall immediately follow the heading “Amount Per Serving” and shall be declared in one line, leaving sufficient space between the declaration of “Calories” and “Calories from fat” to allow clear differentiation, or, if “Calories from saturated fat” is declared, in a column with total “Calories” at the top, followed by “Calories from fat” (indented), and “Calories from saturated fat” (indented).

(f) The column heading “% Daily Value,” followed by an asterisk (e.g., “% Daily Value*”), shall be separated from information on calories by a bar. The position of this column heading shall allow for a list of nutrient names and amounts as described in subsection (4)(g) of this rule to be to the left of, and below, this column heading. The column headings “Percent Daily Value,” “Percent DV,” or “% DV” may be substituted for “% Daily Value.”

(g) Except as provided for in section (7) of this rule, and except as permitted by OAR 603-029-1060(4)(b), nutrient information for both mandatory and any voluntary nutrients listed in section (3) of this rule that are to be declared in the nutrition label, except vitamins and minerals, shall be declared as follows:

(A) The name of each nutrient, as specified in section (3) of this rule, shall be given in a column and followed immediately by the quantitative amount by weight for that nutrient appended with a “g” for grams or “mg” for milligrams.

(B) A listing of the percent of the DRV as established in paragraphs (3)(g)(C) and (3)(i) of this rule shall be given in a column aligned under the heading “% Daily Value” established in subsection (4)(f) of this rule with the percent expressed to the nearest whole percent for each nutrient declared in the column described in paragraph (4)(g)(A) of this rule for which a DRV has been established, except that the percent for protein may be omitted as provided in subsection (3)(g) of this rule. The percent shall be calculated by dividing either the amount declared on the label for each nutrient or the actual amount of each nutrient (i.e., before rounding) by the DRV for the nutrient, except that the percent for protein shall be calculated as specified in paragraph (3)(g)(B) of this rule. The numerical value shall be followed by the symbol for percent (i.e., %).

(h) Nutrient information for vitamins and minerals shall be separated from information on other nutrients by a bar and shall be arrayed horizontally (e.g., Vitamin A 4%, Vitamin C 2%, Calcium 15%, Iron 4%) or may be listed in two columns, except that when more than four vitamins and minerals are declared, they may be declared vertically with percentages listed under the column headed “% Daily Value.”

(i) A footnote, preceded by an asterisk, shall be placed beneath the list of vitamins and minerals and shall be separated from that list by a hairline.

(A) The footnote shall state: Percent Daily Values are based on a 2,000 calorie diet. Your daily values may be higher or lower depending on your calorie needs.

(B) If the percent of Daily Value is given for protein in the Percent of Daily Value column as provided in paragraph (4)(g)(B) of this rule, protein shall be listed under dietary fiber, and a value of 50 g shall be inserted on the same line in the column headed “2,000” and value of 65 g in the column headed “2,500.”

(C) If potassium is declared in the column described in paragraph (4)(g)(A) of this rule, potassium shall be listed under sodium and the DRV established in subsection (3)(i) of this rule shall be inserted on the same line in the numeric columns.

(D) The abbreviations established in subsection (7)(b) of this rule may be used within the footnote.

(j) Caloric conversion information on a per-gram basis for fat, carbohydrate, and protein may be presented beneath the information required in subsection (4)(i), separated from that information by a hairline. This information may be presented horizontally (i.e., “Calories per gram: Fat 9, Carbohydrate 4, Protein 4”) or vertically in columns.

(k)(A) If the space beneath the information on vitamins and minerals is not adequate to accommodate the information required in subsection (4)(i) of this rule, the information required in subsection (4)(i) may be moved to the right of the column required in paragraph (4)(g)(B) of this rule and set off by a line that distinguishes it and sets it apart from the percent of Daily Value information. The caloric conversion information provided for in subsection (4)(j) of this rule may be presented beneath either side or along the full length of the nutrition label.

(B) If the space beneath the mandatory declaration of iron is not adequate to accommodate any remaining vitamins and minerals to be declared or the information required in subsection (4)(i) of this rule, the remaining information may be moved to the right and set off by a line that distinguishes it and sets it apart from the percent of Daily Value information given to the left. The caloric conversion information provided for in subsection (4)(j) of this rule may be presented beneath either side or along the full length of the nutrition label.

(C) If there is not sufficient continuous vertical space (i.e., approximately 3 inches) to accommodate the required components of the nutrition label up to and including the mandatory declaration of iron, the nutrition label may be presented in a tabular display in which the footnote required by subsection (4)(i) of the rule is given to the far right of the label, and additional vitamins and minerals beyond the four that are required (i.e., vitamin A, vitamin C, calcium, and iron) are arrayed horizontally following declarations of the required vitamins and minerals.

(l) The following sample label illustrates the provisions of section (4) of this rule:

(m)(A) Nutrition labeling on the outer label of packages of meat or meat products that contain two or more products in the same packages (e.g., variety packs) or of packages that are used interchangeably for the same type of food (e.g., meat salad containers) may use an aggregate display.

(B) Aggregate displays shall comply with format requirements of section (4) of this rule to the maximum extent possible, except that the identity of each food shall be specified to the right of the “Nutrition Facts” title, and both the quantitative amount by weight (i.e., g/mg amounts) and the percent Daily Value for each nutrient shall be listed in separate columns under the name of each food.

(n) When nutrition labeling appears in a second language, the nutrition information may be presented in a separate nutrition label for each language or in one nutrition label with the information in the second language following that in English. Numeric characters that are identical in both languages need not be repeated (e.g., “Protein/Proteinas 2 g”). All required information must be included in both languages.

(5) Nutrition information may be presented for two or more forms of the same product (e.g., both “raw” and “cooked”) or for common combinations of foods as provided for in section (2) of this rule, or for different units (e.g., per 100 grams) as provided for in section (2) of this rule, ’r for two or more groups for which RDI's are established (e.g., both infants and children less than 4 years of age) as provided for in paragraph (3)(h)(A) of this rule. When such dual labeling is provided, equal prominence shall be given to both sets of values. Information shall be presented in a format consistent with section (4) of this rule, except that:

(a) Following the subheading of “Amount Per Serving,” there shall be two or more column headings accurately describing the forms of the same product (e.g., “raw” and “roasted”), the combinations of foods, the units, or the RDI groups that are being declared. The column representing the product as packaged and according to the label serving size based on the Reference Amount in OAR 603-029-1036(2) shall be to the left of the numeric columns.

(b) When the dual labeling is presented for two or more forms of the same product, for combinations of foods, or for different units, total calories and calories from fat (and calories from saturated fat, when declared) shall be listed in a column and indented as specified in subsection (4)(e) of this rule with quantitative amounts declared in columns aligned under the column headings set forth in subsection (5)(a) of this rule.

(c) Quantitative information by weight required in paragraph (4)(g)(A) of this rule shall be specified for the form of the product as packaged, but may be on the basis of 'as consumed' for single-ingredient, raw meat products that are not ground or chopped meat products described in OAR 603-029-1028, and according to the label serving size based on the Reference Amount in OAR 603-029-1036(2).

(A) Quantitative information by weight may be included for other forms of the product represented by the additional column(s) either immediately adjacent to the required quantitative information by weight for the product as packaged, but may be on the basis of 'as consumed' for single-ingredient, raw meat products that are not ground or chopped meat products described in OAR 603-029-1028, and according to the label serving size based on the Reference Amount in OAR 603-029-1036(2) or as a footnote.

(i) If such additional quantitative information is given immediately adjacent to the required quantitative information, it shall be declared for all nutrients listed and placed immediately following and differentiated from the required quantitative information (e.g., separated by a comma). Such information shall not be put in a separate column.

(ii) If such additional quantitative information is given in a footnote, it shall be declared in the same order as the nutrients are listed in the nutrition label. The additional quantitative information may state the total nutrient content of the product identified in the second column or the nutrient amounts added to the product as package, but may be on the basis of 'as consumed for single-ingredient, raw meat products that are not ground or chopped meat products described in OAR 603-029-1028, for only those nutrients that are present in different amounts than the amounts declared in the required quantitative information. The footnote shall clearly identify which amounts are declared. Any subcomponents declared shall be listed parenthetically after principal components (e.g., 1⁄2 cup skim milk contributes an additional 40 calories, 65 mg sodium, 6 g total carbohydrate (6 g sugars), and 4 g protein).

(B) Total fat and its quantitative amount by weight shall be followed by an asterisk (or other symbol) (e.g., “Total fat (2 g)*”) referring to another asterisk (or symbol) at the bottom of the nutrition label identifying the form(s) of the product for which quantitative information is presented.

(d) Information required in paragraphs (4)(g)(B) and (4)(h) of this rule shall be presented under the subheading “% DAILY VALUE” and in columns directly under the column headings set forth in subsection (5)(a) of this rule.

(e) The following sample label illustrates the provisions of section (5) of this rule:

(6)(a) Nutrition information may be presented in a simplified format as set forth herein when any required nutrients, other than the core nutrients (i.e., calories, total fat, sodium, total carbohydrate, and protein), are present in insignificant amounts. An insignificant amount shall be defined as that amount that may be rounded to zero in nutrition labeling, except that for total carbohydrate, dietary fiber, sugars and protein, it shall be an amount less than 1 gram.

(b) The simplified format shall include information on the following nutrients:

(A) Total calories, total fat, total carbohydrate, sodium, and protein;

(B) Any of the following that are present in more than insignificant amounts: Calories from fat, saturated fat, cholesterol, dietary fiber, sugars, vitamin A, vitamin C, calcium, and iron; and

(C)(iii) Any vitamins and minerals listed in paragraph (3)(h)(D) of this rule when they are added in fortified or fabricated foods.

(c) Other nutrients that are naturally present in the product in more than insignificant amounts may be voluntarily declared as part of the simplified format.

(d) Any required nutrient, other than a core nutrient, that is present in an insignificant amount may be omitted from the tabular listing, provided that the following statement is included at the bottom of the nutrition label, “Not a significant source of ____.” The blank shall be filled in with the appropriate nutrient or food component. Alternatively, amounts of vitamins and minerals present in insignificant amounts may be declared by the use of an asterisk (or symbol) that is placed at the bottom of the table of nutrient values and that is followed by the statement “Contains less than 2 percent of the Daily Value of this (these) nutrient (nutrients).”

(e) Except as provided for in section (7) of this rule and in OAR 603-029-1060(3) and (4), nutrient information declared in the simplified format shall be presented in theme manner as specified in sections (4) or (5) of this rule, except that the footnote required in subsection (4)(i) of this rule is not required. When the footnote is omitted, an asterisk shall be placed at the bottom of the label followed by the statement “Percent Daily Values are based on a 2,000 calorie diet” and, if the term “Daily Value” is not spelled out in the heading, a statement that “DV” represents “Daily Value.”

(7) Foods in packages that have a total surface area available to bear labeling of 40 or less square inches may modify the requirements of sections (3) through (6) of this rule and OAR 603-029-1030(1) by one or more of the following means:

(a)(A) Presenting the required nutrition information in a tabular or linear (i.e., string) fashion, rather than in vertical columns if the product has a total surface area available to bear labeling of less than 12 square inches, or if the product has a total surface area available to bear labeling of 40 or less square inches and the package shape or size cannot accommodate a standard vertical column or tabular display on any label panel. Nutrition information may be given in a linear fashion only if the package shape or size will not accommodate a tabular display.

(B) When nutrition information is given in a linear display, the nutrition information shall be set off in a box by the use of a hairline. The percent Daily Value is separated from the quantitative amount declaration by the use of parenthesis, and all nutrients, both principal components and subcomponents, are treated similarly. Bolding is required only on the title “Nutrition Facts” and is allowed for nutrient names for “Calories,” “Total fat,” “Cholesterol,” “Sodium,” “Total carbohydrate,” and “Protein.”

(b) Using any of the following abbreviations:

(c) Omitting the footnote required in subsection (4)(i) of this rule and placing another asterisk at the bottom of the label followed by the statement “Percent Daily Values are based on a 2,000 calorie diet” and, if the term “Daily Value” is not spelled out in the heading, a statement that “DV” represents “Daily Value.”

(d) Presenting the required nutrition information on any other label panel.

(8) Compliance with this rule shall be determined as follows:

(a) A production lot is a set of food production consumer units that are from one production shift. Alternatively, a collection of consumer units of the same size, type, and style produced under conditions as nearly uniform as possible, designated by a common container code or marking, constitutes a production lot.

(b) The sample for nutrient analysis shall consist of a composite of a minimum of six consumer units, each from a production lot. Alternatively, the sample for nutrient analysis shall consist of a composite of a minimum of six consumer units, each randomly chosen to be representative of a production lot. In each case, the units may be individually analyzed and the results of the analyses averaged, or the units would be composited and the composite analyzed. In both cases, the results, whether an average or a single result from a composite, will be considered by the Agency to be the nutrient content of a composite. All analyses shall be performed in accordance with the methods and procedures used by FSIS under 9 CFR § 317.309(h)(2).

(A) Class I. Added nutrients in fortified or fabricated foods; and

(B) Class II. Naturally occurring (indigenous) nutrients. If any ingredient which contains a naturally occurring (indigenous) nutrient is added to a food, the total amount of such nutrient in the final food product is subject to Class II requirements unless the same nutrient is also added, which would make the total amount of such nutrient subject to Class I requirements.

(d) A product with a label declaration of a vitamin, mineral, protein, total carbohydrate, dietary fiber, other carbohydrate, polyunsaturated or monounsaturated fat, or potassium shall be deemed to be misbranded under section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)(1)) unless it meets the following requirements:

(A) Class I vitamin, mineral, protein, dietary fiber, or potassium. The nutrient content of the composite is at least equal to the value for that nutrient declared on the label.

(B) Class II vitamin, mineral, protein, total carbohydrate, dietary fiber, other carbohydrate, polyunsaturated or monounsaturated fat, or potassium. The nutrient content of the composite is at least equal to 80 percent of the value for that nutrient declared on the label; Provided, That no regulatory action will be based on a determination of a nutrient value which falls below this level by an amount less than the variability generally recognized for the analytical method used in that product at the level involved, and inherent nutrient variation in a product.

(e) A product with a label declaration of calories, sugars, total fat, saturated fat, cholesterol, or sodium shall be deemed to be misbranded under section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)(1)) if the nutrient content of the composite is greater than 20 percent in excess of the value for that nutrient declared on the label; Provided, That no regulatory action will be based on a determination of a nutrient value which falls above this level by an amount less than the variability generally recognized for the analytical method used in that product at the level involved, and inherent nutrient variation in a product.

(f) The amount of a vitamin, mineral, protein, total carbohydrate, dietary fiber, other carbohydrate, polyunsaturated or monounsaturated fat, or potassium may vary over labeled amounts within good manufacturing practice. The amount of calories, sugars, total fat, saturated fat, cholesterol, or sodium may vary under labeled amounts within good manufacturing practice.

(g) Compliance will be based on the metric measure specified in the label statement of serving size.

(h) The management of the establishment must maintain records to support the validity of nutrient declarations contained on product labels. Such records shall be made available to the inspector or any duly authorized representative of the Agency upon request.

(i) The compliance provisions set forth in subsection (8) (a) through (h) of this rule shall not apply to single-ingredient, raw meat products that are not ground or chopped meat products described in OAR 603-029-1028, including those that have been previously frozen, when nutrition labeling is based on the most current representative data base values contained in USDA's National Nutrient Data Bank or its released form, the USDA National Nutrient Database for Standard Reference as provided in OAR 603-029-1042(5) and (6).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1036 Reference Amounts Customarily Consumed per Eating Occasion

(1) The general principles followed in arriving at the reference amounts customarily consumed per eating occasion (Reference Amount(s)), as set forth in paragraph 2 of this section, are:

(a) The Reference Amounts are calculated for persons 4 years of age or older to reflect the amount of food customarily consumed per eating occasion by persons in this population group. These Reference Amounts are based on data set forth in appropriate national food consumption surveys.

(b) The Reference Amounts are calculated for an infant or child under 4 years of age to reflect the amount of food customarily consumed per eating occasion by infants up to 12 months of age or by children 1 through 3 years of age, respectively. These Reference Amounts are based on data set forth in appropriate national food consumption surveys. Such Reference Amounts are to be used only when the product is specially formulated or processed for use by an infant or by a child under 4 years of age.

(c) An appropriate national food consumption survey includes a large sample size representative of the demographic and socioeconomic characteristics of the relevant population group and must be based on consumption data under actual conditions of use.

(d) To determine the amount of food customarily consumed per eating occasion, the mean, median, and mode of the consumed amount per eating occasion were considered.

(e) When survey data were insufficient, FSIS took various other sources of information on serving sizes of food into consideration. These other sources of information included:

(A) Serving sizes used in dietary guidance recommendations or recommended by other authoritative systems or organizations;

(B) Serving sizes recommended in comments;

(D) Serving sizes used by other countries.

(f) Because they reflect the amount customarily consumed, the Reference Amount and, in turn, the serving size declared on the product label are based on only the edible portion of food, and not bone, seed, shell, or other inedible components.

(g) The Reference Amount is based on the major intended use of the product (e.g., a mixed dish measurable with a cup as a main dish and not as a side dish).

(h) The Reference Amounts for products that are consumed as an ingredient of other products, but that may also be consumed in the form in which they are purchased (e.g., ground beef), are based on use in the form purchased.

(i) The Department sought to ensure that foods that have similar dietary usage, product characteristics, and customarily consumed amounts have a uniform Reference Amount. The following Product Categories and Reference Amounts shall be used as the basis for determining serving sizes for specific products: See Table 1 and Table 2 —603-029-1036.pdf

(2) For products that have no Reference Amount listed in section (1) of this rule for the unprepared or the prepared form of the product and that consist of two or more foods packaged and presented to be consumed together (e.g., lunch meat with cheese and crackers), the Reference Amount for the combined product shall be determined using the following rules:

(a) For bulk products, the Reference Amount for the combined product shall be the Reference Amount, as established in section (1) of this rule, for the ingredient that is represented as the main ingredient plus proportioned amounts of all minor ingredients.

(b) For products where the ingredient represented as the main ingredient is one or more discrete units, the Reference Amount for the combined product shall be either the number of small discrete units or the fraction of the large discrete unit that is represented as the main ingredient that is closest to the Reference Amount for that ingredient as established in section (1) of this rule plus proportioned amounts of all minor ingredients.

(c) If the Reference Amounts are in compatible units, they shall be summed (e.g., ingredients in equal volumes such as tablespoons). If the Reference Amounts are in incompatible units, the weights of the appropriate volumes should be used (e.g., grams of one ingredient plus gram weight of tablespoons of a second ingredient).

(3) If a product requires further preparation, e.g., cooking or the addition of water or other ingredients, and if section (1) of this rule provides a Reference Amount for the product in the prepared form, then the Reference Amount for the unprepared product shall be determined using the following rules:

(a) Except as provided for in subsection (3)(b) of this rule, the Reference Amount for the unprepared product shall be the amount of the unprepared product required to make the Reference Amount for the prepared product as established in section (1) of this rule.

(b) For products where the entire contents of the package is used to prepare one large discrete unit usually divided for consumption, the Reference Amount for the unprepared product shall be the amount of the unprepared product required to make the fraction of the large discrete unit closest to the Reference Amount for the prepared product as established in section (1) of this rule.

(4) The Reference Amount for an imitation or substitute product or altered product as defined in OAR 603-029-1038(4), such as a “low calorie” version, shall be the same as for the product for which it is offered as a substitute.

(5) The Reference Amounts set forth in sections (1) through (4) of this rule shall be used in determining whether a product meets the criteria for nutritional claims. If the serving size declared on the product label differs from the Reference Amount, and the product meets the criteria for the claim only on the basis of the Reference Amount, the claim shall be followed by a statement that sets forth the basis on which the claim is made. That statement shall include the Reference Amount as it appears in section (1) of this rule followed, in parentheses, by the amount in common household measure if the Reference Amount is expressed in measures other than common household measures.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1038 Nutrient Content Claims; General Principles

(1) This rule applies to meat or meat products that are intended for human consumption and that are offered for sale.

(2) A claim which, expressly or by implication, characterizes the level of a nutrient (nutrient content claim) of the type required in nutrition labeling pursuant to OAR 603-029-1034, may not be made on a label or in labeling of that product unless the claim is made in accordance with the applicable provisions in this OAR 603-029-1038.

(a) An expressed nutrient content claim is any direct statement about the level (or range) of a nutrient in the product, e.g., “low sodium” or “contains 100 calories.”

(b) An implied nutrient content claim is any claim that:

(A) Describes the product or an ingredient therein in a manner that suggests that a nutrient is absent or present in a certain amount (e.g., “high in oat bran”); or

(B) Suggests that the product, because of its nutrient content, may be useful in maintaining healthy dietary practices and is made in association with an explicit claim or statement about a nutrient (e.g., “healthy, contains 3 grams (g) of fat”).

(c) Except for claims regarding vitamins and minerals described in subsection (16)(c) of this rule, no nutrient content claims may be made on products intended specifically for use by infants and children less than 2 years of age unless the claim is specifically provided for in OAR 603-029-1026 to 603-029-1060.

(d) Reasonable variations in the spelling of the terms defined in applicable provisions in this OAR 603-029-1038 and their synonyms are permitted provided these variations are not misleading (e.g., “hi” or “lo”).

(3) Information that is required or permitted by OAR 603-029-1034 to be declared in nutrition labeling, and that appears as part of the nutrition label, is not a nutrient content claim and is not subject to the requirements of this rule. If such information is declared elsewhere on the label or in labeling, it is a nutrient content claim and is subject to the requirements for nutrient content claims.

(4) A “substitute” product is one that may be used interchangeably with another product that it resembles, i.e., that it is organoleptically, physically, and functionally (including shelf life) similar to, and that it is not nutritionally inferior to unless it is labeled as an “imitation.”

(a) If there is a difference in performance characteristics that materially limits the use of the product, the product may still be considered a substitute if the label includes a disclaimer adjacent to the most prominent claim as defined in paragraph (9)(b)(C) of this rule, informing the consumer of such difference (e.g., “not recommended for frying”).

(b) This disclaimer shall be in easily legible print or type and in a size no less than that required by OAR 603-029-1004(8) for the net quantity of contents statement, except where the size of the claim is less than two times the required size of the net quantity of contents statement, in which case the disclaimer statement shall be no less than one-half the size of the claim but no smaller than 1⁄16 -inch minimum height, except as permitted by OAR 603-029-1060(4)(b).

(5)(a) Because the use of a “free” or “low” claim before the name of a product implies that the product differs from other products of the same type by virtue of its having a lower amount of the nutrient, only products that have been specially processed, altered, formulated, or reformulated so as to lower the amount of the nutrient in the product, remove the nutrient from the product, or not include the nutrient in the product, may bear such a claim (e.g., “low sodium beef noodle soup”).

(b) Any claim for the absence of a nutrient in a product, or that a product is low in a nutrient when the product has not been specially processed, altered, formulated, or reformulated to qualify for that claim shall indicate that the product inherently meets the criteria and shall clearly refer to all products of that type and not merely to the particular brand to which the labeling attaches (e.g., “lard, a sodium free food”).

(6) A nutrient content claim shall be in type size and style no larger than two times that of the statement of identity and shall not be unduly prominent in type style compared to the statement of identity.

(7) Labeling information required in OAR 603-029-1038, 603-029-1044, 603-029-1046, 603-029-1048, 603-029-1050 to 603-029-1052, and 603-029-1058, whose type size is not otherwise specified, is required to be in letters and/or numbers no less than 1⁄16 inch in height, except as permitted by OAR 603-029-1060(4)(b).

(8) Except as provided in OAR 603-029-1034 or in subsection (16)(c) of this rule, the label or labeling of a product may contain a statement about the amount or percentage of a nutrient if:

(a) The use of the statement on the product implicitly characterizes the level of the nutrient in the product and is consistent with a definition for a claim, as provided in subpart B of this part, for the nutrient that the label addresses. Such a claim might be, “less than 10 g of fat per serving;”

(b) The use of the statement on the product implicitly characterizes the level of the nutrient in the product and is not consistent with such a definition, but the label carries a disclaimer adjacent to the statement that the product is not “low” in or a “good source” of the nutrient, such as “only 200 milligrams (mg) sodium per serving, not a low sodium product.” The disclaimer must be in easily legible print or type and in a size no less than required by OAR 603-029-1004(8) for the net quantity of contents, except where the size of the claim is less than two times the required size of the net quantity of contents statement, in which case the disclaimer statement shall be no less than one-half the size of the claim but no smaller than 1⁄16 -inch minimum height, except as permitted by OAR 603-029-1060(4)(b);

(c) The statement does not in any way implicitly characterize the level of the nutrient in the product and it is not false or misleading in any respect (e.g., “100 calories” or “5 grams of fat”), in which case no disclaimer is required.

(d) “Percent fat free” claims are not authorized by this section. Such claims shall comply with OAR 603-029-1052(2)(f).

(9) A product may bear a statement that compares the level of a nutrient in the product with the level of a nutrient in a reference product. These statements shall be known as “relative claims” and include “light,” “reduced,” “less” (or “fewer”), and “more” claims.

(a) To bear a relative claim about the level of a nutrient, the amount of that nutrient in the product must be compared to an amount of nutrient in an appropriate reference product as specified in this section (9).

(A)(i) For “less” (or “fewer”) and “more” claims, the reference product may be a dissimilar product within a product category that can generally be substituted for one another in the diet or a similar product.

(ii) For “light,” “reduced,” and “added” claims, the reference product shall be a similar product, and

(B)(i) For “light” claims, the reference product shall be representative of the type of product that includes the product that bears the claim. The nutrient value for the reference product shall be representative of a broad base of products of that type; e.g., a value in a representative, valid data base; an average value determined from the top three national (or regional) brands, a market basket norm; or, where its nutrient value is representative of the product type, a market leader. Firms using such a reference nutrient value as a basis for a claim, are required to provide specific information upon which the nutrient value was derived, on request, to consumers and appropriate regulatory officials.

(ii) For relative claims other than “light,” including “less” and “more” claims, the reference product may be the same as that provided for “light” in subparagraph (9)(a)(C)(i) of this rule or it may be the manufacturer's regular product, or that of another manufacturer, that has been offered for sale to the public on a regular basis for a substantial period of time in the same geographic area by the same business entity or by one entitled to use its trade name, provided the name of the competitor is not used on the labeling of the product. The nutrient values used to determine the claim when comparing a single manufacturer's product to the labeled product shall be either the values declared in nutrition labeling or the actual nutrient values, provided that the resulting labeling is internally consistent (i.e., that the values stated in the nutrition information, the nutrient values in the accompanying information, and the declaration of the percentage of nutrient by which the product has been modified are consistent and will not cause consumer confusion when compared), and that the actual modification is at least equal to the percentage specified in the definition of the claim.

(b) For products bearing relative claims:

(A) The label or labeling must state the identity of the reference product and the percent (or fraction) of the amount of the nutrient in the reference product by which the nutrient has been modified, (e.g., “50 percent less fat than ‘reference product’” or “ 1⁄3 fewer calories than ‘reference product’”); and

(B) This information shall be immediately adjacent to the most prominent claim in easily legible boldface print or type, in distinct contrast to other printed or graphic matter, that is no less than that required by OAR 603-029-1004(8) for net quantity of contents, except where the size of the claim is less than two times the required size of the net quantity of contents statement, in which case the referral statement shall be no less than one-half the size of the claim, but no smaller than 1⁄16 -inch minimum height, except as permitted by OAR 603-029-1060(4)(b).

(C) The determination of which use of the claim is in the most prominent location on the label or labeling will be made based on the following factors, considered in order:

(i) A claim on the principal display panel adjacent to the statement of identity;

(ii) A claim elsewhere on the principal display panel;

(iii) A claim on the information panel; or

(iv) A claim elsewhere on the label or labeling.

(D) The label or labeling must also bear:

(i) Clear and concise quantitative information comparing the amount of the subject nutrient in the product per labeled serving size with that in the reference product; and

(ii) This statement shall appear adjacent to the most prominent claim or to the nutrition information.

(c) A relative claim for decreased levels of a nutrient may not be made on the label or in labeling of a product if the nutrient content of the reference product meets the requirement for a “low” claim for that nutrient.

(10) The term “modified” may be used in the statement of identity of a product that bears a relative claim that complies with the requirements of this part, followed immediately by the name of the nutrient whose content has been altered (e.g., “modified fat ‘product’”). This statement of identity must be immediately followed by the comparative statement such as “contains 35 percent less fat than ‘reference product’” The label or labeling must also bear the information required by subsection (9)(b) of this rule in the manner prescribed.

(11) For purposes of making a claim, a “meal-type” product will be defined as a product that:

(a) Makes a major contribution to the diet by:

(A) Weighing at least 10 ounces per labeled serving; and

(B) Containing not less than three 40 gram portions of food, or combinations of foods, from two or more of the following four food groups, except as noted in subparagraph (11)(a)(B)(v) of this rule:

(i) Bread, cereal, rice, and pasta;

(ii) Fruits and vegetables;

(iii) Milk, yogurt, and cheese;

(iv) Meat, poultry, fish, dry beans, eggs, and nuts; except that:

(v) These foods will not be sauces (except for foods in the four food groups in subparagraph (11)(a)(C)(i) through (iv) of this rule, that are in the sauces), gravies, condiments, relishes, pickles, olives, jams, jellies, syrups, breadings, or garnishes; and

(b) Is represented as, or is in the form commonly understood to be, a breakfast, lunch, dinner, meal, or entre. Such representations may be made by statements, photographs, or vignettes.

(12) For purposes of making a claim, a main-dish product will be defined as a food that:

(a) Makes a major contribution to the meal by:

(A) Weighing at least 6 ounces per labeled serving; and

(B) Containing not less than 40 grams of food, or combinations of foods, from two or more of the following four food groups, except as noted in subparagraph (12)(a)(B)(v) of this rule.

(i) Bread, cereal, rice, and pasta;

(ii) Fruits and vegetables;

(iii) Milk, yogurt, and cheese;

(iv) Meat, poultry, fish, dry beans, eggs, and nuts; except that:

(v) These foods will not be sauces (except for foods in the four food groups in subparagraph (12)(a)(B)(i) through (iv) of this rule, that are in the sauces), gravies, condiments, relishes, pickles, olives, jams, jellies, syrups, breadings, or garnishes; and

(b) Is represented as, or is in a form commonly understood to be, a main dish (e.g., not a beverage or dessert). Such representations may be made by statements, photographs, or vignettes.

(13) Nutrition labeling in accordance with OAR 603-029-1034, shall be provided for any food for which a nutrient content claim is made.

(14) Compliance with requirements for nutrient content claims shall be in accordance with OAR 603-029-1034(8).

(15)(a) Unless otherwise specified, the reference amount customarily consumed set forth in OAR 603-029-1036(2) through (5) shall be used in determining whether a product meets the criteria for a nutrient content claim. If the serving size declared on the product label differs from the reference amount customarily consumed, and the amount of the nutrient contained in the labeled serving does not meet the maximum or minimum amount criterion in the definition for the descriptor for that nutrient, the claim shall be followed by the criteria for the claim as required by OAR 603-029-1036(6) (e.g., “very low sodium, 35 mg or less per 55 grams”).

(b) The criteria for the claim shall be immediately adjacent to the most prominent claim in easily legible print or type and in a size that is no less than that required by OAR 603-029-1004(8) for net quantity of contents, except where the size of the claim is less than two times the required size of the net quantity of contents statement, in which case the criteria statement shall be no less than one-half the size of the claim but no smaller than 1⁄16 -inch minimum height, except as permitted by OAR 603-029-1060(4)(b).

(16) The following exemptions apply:

(a) Nutrient content claims that have not been defined by regulation and that appear as part of a brand name that was in use prior to November 27, 1991, may continue to be used as part of that brand name, provided they are not false or misleading under section 1(n) of the Act (21 U.S.C. 601(n)(1)).

(b) A statement that describes the percentage of a vitamin or mineral in the food, including foods intended specifically for use by infants and children less than 2 years of age, in relation to a Reference Daily Intake (RDI) as defined in OAR 603-029-1034 may be made on the label or in the labeling of a food without a regulation authorizing such a claim for a specific vitamin or mineral.

(c) The requirements of this rule do not apply to infant formulas and medical foods, as described in 21 CFR 101.13(q)(4).

(d) Nutrient content claims that were part of the name of a product that was subject to a standard of identity as of November 27, 1991, are not subject to the requirements of section (2) of this rule whether or not they meet the definition of the descriptive term.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1040 Identification of Major Cuts of Meat Products

The major cuts of single-ingredient, raw meat products are: Beef chuck blade roast, beef loin top loin steak, beef rib roast large end, beef round eye round steak, beef round top round steak, beef round tip roast, beef chuck arm pot roast, beef loin sirloin steak, beef round bottom round steak, beef brisket (whole, flat half, or point half), beef rib steak small end, beef loin tenderloin steak, pork loin chop, pork loin country style ribs, pork loin top loin chop boneless, pork loin rib chop, pork spareribs, pork loin tenderloin, pork loin sirloin roast, pork shoulder blade steak, pork loin top roast boneless, lamb shank, lamb shoulder arm chop, lamb shoulder blade chop, lamb rib roast, lamb loin chop, lamb leg (whole, sirloin half, or shank half), veal shoulder arm steak, veal shoulder blade steak, veal rib roast, veal loin chop, and veal cutlets.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1042 Nutrition Labeling of Single-Ingredient, Raw Meat Products that are not Ground or Chopped Products Described in OAR 603-029-1028

(1)(a) Nutrition information on the major cuts of single-ingredient, raw meat products identified in OAR 603-029-1040, including those that have been previously frozen, is required, either on their label or at their point-of-purchase, unless exempted under OAR 603-029-1060. If nutrition information is presented on the label, it must be provided in accordance with OAR 603-029-1034. If nutrition information is presented at the point-of-purchase, it must be provided in accordance with the provisions of this rule.

(b) Nutrition information on single-ingredient, raw meat products that are not ground or chopped meat products described in OAR 603-029-1028 and are not major cuts of single-ingredient, raw meat products identified in OAR 603-029-1040, including those that have been previously frozen, may be provided at their point-of-purchase in accordance with the provisions of OAR 603-029-1042 or on their label, in accordance with the provisions of OAR 603-029-1034.

(c) A retailer may provide nutrition information at the point-of-purchase by various methods, such as by posting a sign or by making the information readily available in brochures, notebooks, or leaflet form in close proximity to the food. The nutrition labeling information may also be supplemented by a video, live demonstration, or other media. If a nutrition claim is made on point-of-purchase materials, all of the format and content requirements of OAR 603-029-1034 apply. However, if only nutrition information—and not a nutrition claim—is supplied on point-of-purchase materials, the requirements of OAR 603-029-1034 apply, provided, however:

(A) The listing of percent of Daily Value for the nutrients (except vitamins and minerals specified in OAR 603-029-1034(3)(h)) and footnote required by OAR 603-029-1034(4)(i) may be omitted; and

(B) The point-of-purchase materials are not subject to any of the format requirements.

(2) For the point-of-purchase materials, the declaration of nutrition information may be presented in a simplified format as specified in OAR 603-029-1034(6).

(3) The nutrition label data for products covered in subsections (1)(a) and (1)(b) must be based on either the raw or cooked edible portions of meat cuts with external cover fat at trim levels reflecting current marketing practices. If data are based on cooked portions, the methods used to cook the products must be specified and for products covered in subsections (1)(a) and (1)(b) must be those which do not add nutrients from other ingredients such as flour, breading, and salt. Additional nutritional data may be presented on an optional basis for the raw or cooked edible portions of the separable lean of meat cuts.

(4) Nutrient data that are the most current representative data base values contained in USDA's National Nutrient Data Bank or its released form, the USDA National Nutrient Database for Standard Reference, may be used for nutrition labeling of single-ingredient, raw meat products, including those that have been previously frozen. These data may be composite data that reflect different quality grades of beef or other variables affecting nutrient content. Alternatively, data that reflect specific grades or other variables may be used, except that if data are used on labels attached to a product which is labeled as to grade of meat or other variables, the data must represent the product in the package when such data are contained in the representative data base. When data are used on labels attached to a product, the data must represent the edible meat tissues present in the package.

(5) If the nutrition information is provided in accordance with section (5) of this rule, a nutrition label or labeling will not be subject to the Department compliance review under OAR 603-029-1034(8), unless a nutrition claim is made on the basis of the representative data base values.

(6) Retailers may use data bases that they believe reflect the nutrient content of single-ingredient, raw meat products, including those that have been previously frozen; however, such labeling shall be subject to the compliance procedures of section (5) of this rule and the requirements specified in this subpart for the mandatory nutrition labeling program.

History

Statutory/Other Authority: OAR 603.085, OAR 619.042 & OAR 619.046
Statutes/Other Implemented: OAR 603.085, OAR 619.042 & OAR 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1044 Nutrient Content Claims for “Good Source,” “High,” and “More”

(1) General requirements. Except as provided in section (5) of this rule, a claim about the level of a nutrient in a product in relation to the Reference Daily Intake (RDI) or Daily Reference Value (DRV) established for that nutrient (excluding total carbohydrate) in OAR 603-029-1034, may only be made on the label or in labeling of the product if:

(a) The claim uses one of the terms defined in this rule in accordance with the definition for that term;

(b) The claim is made in accordance with the general requirements for nutrient content claims in OAR 603-029-1038; and

(2) “High” claims.

(a) The terms “high,” “rich in,” or “excellent source of” may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-1038(11), and main-dish products as defined in OAR 603-029-1038(12) provided that the product contains 20 percent or more of the RDI or the DRV per reference amount customarily consumed.

(b) The terms defined in subsection (2)(a) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11), and main-dish product as defined in OAR 603-029-1038(12) provided that:

(A) The product contains a food that meets the definition of “high” in subsection (2)(a) of this rule; and

(B) The label or labeling clearly identifies the food that is the subject of the claim (e.g., “the serving of broccoli in this meal is high in vitamin C”).

(3) “Good Source” claims.

(a) The terms “good source,” “contains,” or “provides” may be used on the label or in labeling of products, except meal-type products as described in OAR 603-029-1038(11), and main-dish products as defined in OAR 603-029-1038(12) provided that the product contains 10 to 19 percent of the RDI or the DRV per reference amount customarily consumed.

(b) The terms defined in subsection (3)(a) of this rule may be used on the label or in labeling of a meal-type product as defined in § OAR 603-029-1038(11), and main-dish product as defined in OAR 603-029-1038(12) provided that:

(A) The product contains a food that meets the definition of “good source” in subsection (3)(a) of this rule; and

(B) The label or labeling clearly identifies the food that is the subject of the claim (e.g., “the serving of sweet potatoes in this meal is a good source of fiber”).

(4) Fiber claims.

(a) If a nutrient content claim is made with respect to the level of dietary fiber, i.e., that the product is high in fiber, a good source of fiber, or that the product contains “more” fiber, and the product is not “low” in total fat as defined in OAR 603-029-1052(2)(b) or, in the case of a meal-type product or a main-dish product, is not “low” in total fat as defined in OAR 603-029-1052(2)(c), then the labeling shall disclose the level of total fat per labeled serving size (e.g., “contains 12 grams (g) of fat per serving”); and

(b) The disclosure shall appear in immediate proximity to such claim and be in a type size no less than one-half the size of the claim.

(5) “More” claims. A relative claim using the terms “more” and “added” may be used on the label or in labeling to describe the level of protein, vitamins, minerals, dietary fiber, or potassium in a product, except meal-type products as defined in OAR 603-029-1038(11), and main-dish products as defined in OAR 603-029-1038(12) provided that:

(a) The product contains at least 10 percent more of the RDI or the DRV for protein, vitamins, minerals, dietary fiber, or potassium (expressed as a percent of the Daily Value) per reference amount customarily consumed than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(b) As required in OAR 603-029-1038(9)(b) for relative claims:

(A) The identity of the reference product and the percent (or fraction) that the nutrient is greater relative to the RDI or DRV are declared in immediate proximity to the most prominent such claim (e.g., “contains 10 percent more of the Daily Value for fiber than ‘reference product’”); and

(B) Quantitative information comparing the level of the nutrient in the product per labeled serving size with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “fiber content of ‘reference product’ is 1 g per serving; ‘this product’ contains 4 g per serving”).

(6) A relative claim using the terms “more” and “added” may be used on the label or in labeling to describe the level of protein, vitamins, minerals, dietary fiber, or potassium in meal-type products as defined in OAR 603-029-1038(11), and main-dish products as defined in OAR 603-029-1038(12) provided that:

(a) The product contains at least 10 percent more of the RDI or the DRV for protein, vitamins, minerals, dietary fiber, or potassium (expressed as a percent of the Daily Value) per 100 g of product than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(b) As required in OAR 603-029-1038(9)(b) for relative claims:

(B) Quantitative information comparing the level of the nutrient in the meal-type product or a main-dish product per specified weight with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “fiber content of ‘reference product’ is 2 g per 3 oz; ‘this product’ contains 5 g per 3 oz”).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1046 Nutrient Content Claims for “Light” or “Lite”

(1) General requirements. A claim using the terms “light” or “lite” to describe a product may only be made on the label or in labeling of the product if:

(a) The claim uses one of the terms defined in this rule in accordance with the definition for that term;

(b) The claim is made in accordance with the general requirements for nutrient content claims in OAR 603-029-1038; and

(2) “Light” claims. The terms “light” or “lite” may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), without further qualification, provided that:

(a) If the product derives 50 percent or more of its calories from fat, its fat content is reduced by 50 percent or more per reference amount customarily consumed compared to an appropriate reference product as described in OAR 603-029-1038(9)(a); or

(b) If the product derives less than 50 percent of its calories from fat:

(A) The number of calories is reduced by at least one-third (331⁄3 percent) per reference amount customarily consumed compared to an appropriate reference product as described in OAR 603-029-1038(9)(a); or

(B) Its fat content is reduced by 50 percent or more per reference amount customarily consumed compared to the appropriate reference product as described in OAR 603-029-1038(9)(a); and

(A) The identity of the reference product and the percent (or fraction) that the calories and the fat were reduced are declared in immediate proximity to the most prominent such claim (e.g., “ 1⁄3 fewer calories and 50 percent less fat than the market leader”); and

(B) Quantitative information comparing the level of calories and fat content in the product per labeled serving size with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “lite ‘this product’—200 calories, 4 grams (g) fat; regular ‘reference product’—300 calories, 8 g fat per serving”); and

(C) If the labeled product contains less than 40 calories or less than 3 g fat per reference amount customarily consumed, the percentage reduction for that nutrient need not be declared.

(d) A “light” claim may not be made on a product for which the reference product meets the definition of “low fat” and “low calorie.”

(3)(a)(A) A product for which the reference product contains 40 calories or less and 3 g fat or less per reference amount customarily consumed may use the terms “light” or “lite” without further qualification if it is reduced by 50 percent or more in sodium content compared to the reference product; and

(B) As required in OAR 603-029-1038(9)(b) for relative claims:

(i) The identity of the reference product and the percent (or fraction) that the sodium was reduced are declared in immediate proximity to the most prominent such claim (e.g., “50 percent less sodium than the market leader”); and

(ii) Quantitative information comparing the level of sodium per labeled serving size with that of the reference product it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “lite ‘this product’—500 milligrams (mg) sodium per serving; regular ‘reference product’—1,000 mg sodium per serving”).

(b)(A) A product for which the reference product contains more than 40 calories or more than 3 g fat per reference amount customarily consumed may use the terms “light in sodium” or “lite in sodium” if it is reduced by 50 percent or more in sodium content compared to the reference product, provided that “light” or “lite” is presented in immediate proximity with “in sodium” and the entire term is presented in uniform type size, style, color, and prominence; and

(B) As required in OAR 603-029-1038(9)(b) for relative claims:

(ii) Quantitative information comparing the level of sodium per labeled serving size with that of the reference product it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., or “lite ‘this product’—170 mg sodium per serving; regular ‘reference product’—350 mg per serving”).

(C) Except for meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), a “light in sodium” claim may not be made on a product for which the reference product meets the definition of “low in sodium.”

(4)(a) The terms “light” or “lite” may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(A) The product meets the definition of:

(i) “Low in calories” as defined in OAR 603-029-1048(2)(c); or

(ii) “Low in fat” as defined in OAR 603-029-1052(2)(c); and

(B)(i) A statement appears on the principal display panel that explains whether “light” is used to mean “low fat,” “low calories,” or both (e.g., “Light Delight, a low fat meal”); and the accompanying statement is no less than one-half the type size of the “light” or “lite” claim.

(b)(A) The terms “light in sodium” or “lite in sodium” may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that the product meets the definition of “low in sodium” as defined in OAR 603-029-1050(2)(e)(A); and

(B) “Light” or “lite” and “in sodium” are presented in uniform type size, style, color, and prominence.

(A) The product is reduced by 50 percent or more in sodium content compared to the reference product;

(B) A statement specifically stating that the product is “light in sodium” or “lite in sodium” appears:

(i) Contiguous to the brand name; and

(ii) In uniform type size, style, color, and prominence as the product name; and

(i) The identity of the reference product and the percent (or fraction) that the sodium was reduced are declared in immediate proximity to the most prominent such claim; and

(5) Except as provided in sections (2) through (4) of this rule, the terms “light” or “lite” may not be used to refer to a product that is not reduced in fat by 50 percent, or, if applicable, in calories by 1⁄3 or, when properly qualified, in sodium by 50 percent unless:

(a) It describes some physical or organoleptic attribute of the product such as texture or color and the information (e.g., “light in color” or “light in texture”) so stated, clearly conveys the nature of the product; and;

(b) The attribute (e.g., “color” or “texture”) is in the same style, color, and at least one-half the type size as the word “light” and in immediate proximity thereto.

(6) If a manufacturer can demonstrate that the word “light” has been associated, through common use, with a particular product to reflect a physical or organoleptic attribute to the point where it has become part of the statement of identity, such use of the term “light” shall not be considered a nutrient content claim subject to the requirements in this part.

(7) The term “lightly salted” may be used on a product to which has been added 50 percent less sodium than is normally added to the reference product as described in OAR 603-029-1038(9)(a)(A)(ii) and (9)(a)(B)(ii), provided that if the product is not “low in sodium” as defined in OAR 603-029-1050(2)(d)), the statement “not a low sodium food,” shall appear adjacent to the nutrition information and the information required to accompany a relative claim shall appear on the label or labeling as specified in OAR 603-029-1038(9)(b).

History

Statutory/Other Authority: OAR 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: OAR 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1048 Nutrient Content Claims for Calorie Content

(1) General requirements. A claim about the calorie or sugar content of a product may only be made on the label or in labeling of the product if:

(a) The claim uses one of the terms defined in this rule in accordance with the definition for that term;

(b) The claim is made in accordance with the general requirements for nutrient content claims in OAR 603-029-1038; and

(2) Calorie content claims. (a) The terms “calorie free,” “free of calories,” “no calories,” “zero calories,” “without calories,” “trivial source of calories,” “negligible source of calories,” or “dietarily insignificant source of calories” may be used on the label or in labeling of products, provided that:

(a) The product contains less than 5 calories per reference amount customarily consumed and per labeled serving size; and

(b) If the product meets this condition without the benefit of special processing, alteration, formulation, or reformulation to lower the caloric content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches.

(3) The terms “low calorie,” “few calories,” “contains a small amount of calories,” “low source of calories,” or “low in calories” may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-10(11) and main-dish products as defined in OAR 603-029-1038(12), provided that:

(a)(A) The product has a reference amount customarily consumed greater than 30 grams (g) or greater than 2 tablespoons (tbsp) and does not provide more than 40 calories per reference amount customarily consumed; or

(B) The product has a reference amount customarily consumed of 30 g or less or 2 tbsp or less and does not provide more than 40 calories per reference amount customarily consumed and per 50 g (for dehydrated products that must be reconstituted before typical consumption with water or a diluent containing an insignificant amount, as defined in OAR 603-029-1034(6)(a), of all nutrients per reference amount customarily consumed, the per-50-g criterion refers to the “as prepared” form).

(b) If the product meets these conditions without the benefit of special processing, alteration, formulation, or reformulation to lower the caloric content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches.

(c) The terms defined in subsection (2)(b) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(A) The product contains 120 calories or less per 100 g of product; and

(B) If the product meets this condition without the benefit of special processing, alteration, formulation, or reformulation to lower the calorie content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which it attaches.

(4) The terms “reduced calorie,” “reduced in calories,” “calorie reduced,” “fewer calories,” “lower calorie,” or “lower in calories” may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), provided that:

(a) The product contains at least 25 percent fewer calories per reference amount customarily consumed than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(b) As required in OAR 603-029-1038(9)(b) for relative claims:

(A) The identity of the reference product and the percent (or fraction) that the calories differ between the two products are declared in immediate proximity to the most prominent such claim (e.g., lower calorie ‘product’—“331⁄3 percent fewer calories than our regular ‘product’”); and

(B) Quantitative information comparing the level of calories in the product per labeled serving size with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “calorie content has been reduced from 150 to 100 calories per serving”).

(C) Claims described in subsection (2)(d) of this rule may not be made on the label or in labeling of products if the reference product meets the definition for “low calorie.”

(c) The terms defined in subsection (2)(d) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(A) The product contains at least 25 percent fewer calories per 100 g of product than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(B) As required in OAR 603-029-1038(9)(b) for relative claims:

(i) The identity of the reference product and the percent (or fraction) that the calories differ between the two products are declared in immediate proximity to the most prominent such claim (e.g., “calorie reduced ‘product’, 25% less calories per ounce (oz) (or 3 oz) than our regular ‘product’”); and

(ii) Quantitative information comparing the level of calories in the product per specified weight with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “calorie content has been reduced from 110 calories per 3 oz to 80 calories per 3 oz”).

(C) Claims described in subsection (2)(e) of this rule may not be made on the label or in labeling of products if the reference product meets the definition for “low calorie.”

(5) Sugar content claims.

(a) Terms such as “sugar free,” “free of sugar,” “no sugar,” “zero sugar,” “without sugar,” “sugarless,” “trivial source of sugar,” “negligible source of sugar,” or “dietarily insignificant source of sugar” may reasonably be expected to be regarded by consumers as terms that represent that the product contains no sugars or sweeteners, e.g., “sugar free,” or “no sugar,” as indicating a product which is low in calories or significantly reduced in calories. Consequently, except as provided in paragraph (3)(b) of this rule, a product may not be labeled with such terms unless:

(A) The product contains less than 0.5 g of sugars, as defined in OAR 603-029-1034(3)(f)(B), per reference amount customarily consumed and per labeled serving size or, in the case of a meal-type product or a main-dish product, less than 0.5 g of sugars per labeled serving size;

(B) The product contains no ingredient that is a sugar or that is generally understood by consumers to contain sugars unless the listing of the ingredient in the ingredients statement is followed by an asterisk that refers to the statement below the list of ingredients, which states: “Adds a trivial amount of sugar,” “adds a negligible amount of sugar,” or “adds a dietarily insignificant amount of sugar;” and

(C)(i) It is labeled “low calorie” or “reduced calorie” or bears a relative claim of special dietary usefulness labeled in compliance with subsections (2)(b), (2)(c), (2)(d), or (2)(e) of this rule; or

(ii) Such term is immediately accompanied, each time it is used, by either the statement “not a reduced calorie product,” “not a low calorie product,” or “not for weight control.”

(b) The terms “no added sugar,” “without added sugar,” or “no sugar added” may be used only if:

(A) No amount of sugars, as defined in OAR 603-029-1034(3)(f)(B), or any other ingredient that contains sugars that functionally substitute for added sugars is added during processing or packaging;

(B) The product does not contain an ingredient containing added sugars such as jam, jelly, or concentrated fruit juice;

(C) The sugars content has not been increased above the amount present in the ingredients by some means such as the use of enzymes, except where the intended functional effect of the process is not to increase the sugars content of a product, and a functionally insignificant increase in sugars results;

(D) The product that it resembles and for which it substitutes normally contains added sugars; and

(E) The product bears a statement that the product is not “low calorie” or “calorie reduced” (unless the product meets the requirements for a “low” or “reduced calorie” product) and that directs consumers' attention to the nutrition panel for further information on sugar and calorie content.

(c) Subsection (3)(a) of this rule shall not apply to a factual statement that a product, including products intended specifically for infants and children less than 2 years of age, is unsweetened or contains no added sweeteners in the case of a product that contains apparent substantial inherent sugar content, e.g., juices.

(d) The terms “reduced sugar,” “reduced in sugar,” “sugar reduced,” “less sugar,” “lower sugar,” or “lower in sugar” may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), provided that:

(A) The product contains at least 25 percent less sugars per reference amount customarily consumed than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(B) As required in OAR 603-029-1038(9)(b) for relative claims:

(i) The identity of the reference product and the percent (or fraction) that the sugars differ between the two products are declared in immediate proximity to the most prominent such claim (e.g., “this product contains 25 percent less sugar than our regular product”); and

(ii) Quantitative information comparing the level of the sugar in the product per labeled serving size with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “sugar content has been lowered from 8 g to 6 g per serving”).

(e) The terms defined in subsection (3)(d) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(A) The product contains at least 25 percent less sugars per 100 g of product than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(B) As required in OAR 603-029-1038(9)(b) for relative claims:

(i) The identity of the reference product and the percent (or fraction) that the sugars differ between the two products are declared in immediate proximity to the most prominent such claim (e.g., “reduced sugar ‘product’—25% less sugar than our regular ‘product’”); and

(ii) Quantitative information comparing the level of the nutrient in the product per specified weight with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “sugar content has been reduced from 17 g per 3 oz to 13 g per 3 oz”).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1050 Nutrient Content Claims for the Sodium Content

(1) General requirements. A claim about the level of sodium in a product may only be made on the label or in labeling of the product if:

(a) The claim uses one of the terms defined in this rule in accordance with the definition for that term;

(b) The claim is made in accordance with the general requirements for nutrient content claims in OAR 603-029-1038; and

(2) Sodium content claims.

(a) The terms “sodium free,” “free of sodium,” “no sodium,” “zero sodium,” “without sodium,” “trivial source of sodium,” “negligible source of sodium,” or “dietarily insignificant source of sodium” may be used on the label or in labeling of products, provided that:

(A) The product contains less than 5 milligrams (mg) of sodium per reference amount customarily consumed and per labeled serving size or, in the case of a meal-type product or a main-dish product, less than 5 mg of sodium per labeled serving size;

(B) The product contains no ingredient that is sodium chloride or is generally understood by consumers to contain sodium unless the listing of the ingredient in the ingredients statement is followed by an asterisk that refers to the statement below the list of ingredients, which states: “Adds a trivial amount of sodium,” “adds a negligible amount of sodium” or “adds a dietarily insignificant amount of sodium”; and

(C) If the product meets these conditions without the benefit of special processing, alteration, formulation, or reformulation to lower the sodium content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches.

(b) The terms “very low sodium” or “very low in sodium” may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), provided that:

(A)(i) The product has a reference amount customarily consumed greater than 30 grams (g) or greater than 2 tablespoons (tbsp) and contains 35 mg or less sodium per reference amount customarily consumed; or

(ii) The product has a reference amount customarily consumed of 30 g or less or 2 tbsp or less and contains 35 mg or less sodium per reference amount customarily consumed and per 50 g (for dehydrated products that must be reconstituted before typical consumption with water or a diluent containing an insignificant amount, as defined in OAR 603-029-1034(6)(a), of all nutrients per reference amount customarily consumed, the per-50-g criterion refers to the “as prepared” form); and

(B) If the product meets these conditions without the benefit of special processing, alteration, formulation, or reformulation to lower the sodium content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches.

(A) The product contains 35 mg or less of sodium per 100 g of product; and

(B) If the product meets this condition without the benefit of special processing, alteration, formulation, or reformulation to lower the sodium content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches.

(d) The terms “low sodium,” “low in sodium,” “little sodium,” “contains a small amount of sodium,” or “low source of sodium” may be used on the label and in labeling of products, except meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), provided that:

(A)(i) The product has a reference amount customarily consumed greater than 30 g or greater than 2 tbsp and contains 140 mg or less sodium per reference amount customarily consumed; or

(ii) The product has a reference amount customarily consumed of 30 g or less or 2 tbsp or less and contains 140 mg or less sodium per reference amount customarily consumed and per 50 g (for dehydrated products that must be reconstituted before typical consumption with water or a diluent containing an insignificant amount, as defined in OAR 603-029-1034(6)(a), of all nutrients per reference amount customarily consumed, the per-50-g criterion refers to the “as prepared” form); and

(e) The terms defined in subsection (2)(d) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(A) The product contains 140 mg or less sodium per 100 g of product; and

(f) The terms “reduced sodium,” “reduced in sodium,” “sodium reduced,” “less sodium,” “lower sodium,” or “lower in sodium” may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), provided that:

(A) The product contains at least 25 percent less sodium per reference amount customarily consumed than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(B) As required in OAR 603-029-1038(9)(b) for relative claims:

(i) The identity of the reference product and the percent (or fraction) that the sodium differs between the two products are declared in immediate proximity to the most prominent such claim (e.g., “reduced sodium ‘product’, 50 percent less sodium than regular ‘product’”); and

(ii) Quantitative information comparing the level of sodium in the product per labeled serving size with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “sodium content has been lowered from 300 to 150 mg per serving”).

(C) Claims described in subsection (2)(f) of this rule may not be made on the label or in labeling of a product if the nutrient content of the reference product meets the definition for “low sodium.”

(g) The terms defined in subsection (2)(f) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(A) The product contains at least 25 percent less sodium per 100 g of product than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(B) As required in OAR 603-029-1038(9)(b) for relative claims:

(h) The identity of the reference product and the percent (or fraction) that the sodium differs between the two products are declared in immediate proximity to the most prominent such claim (e.g., “reduced sodium ‘product’—30% less sodium per 3 oz than our ‘regular product’”); and

(ii) Quantitative information comparing the level of sodium in the product per specified weight with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “sodium content has been reduced from 220 mg per 3 oz to 150 mg per 3 oz”).

(C) Claims described in subsection (2)(g) of this rule may not be made on the label or in labeling of products if the nutrient content of the reference product meets the definition for “low sodium.”

(3) The term “salt” is not synonymous with “sodium.” Salt refers to sodium chloride. However, references to salt content such as “unsalted,” “no salt,” “no salt added” are potentially misleading.

(a) The term “salt free” may be used on the label or in labeling of products only if the product is “sodium free” as defined in subsection (2)(a) of this rule.

(b) The terms “unsalted,” “without added salt,” and “no salt added” may be used on the label or in labeling of products only if:

(A) No salt is added during processing;

(B) The product that it resembles and for which it substitutes is normally processed with salt; and

(C) If the product is not sodium free, the statement, “not a sodium free product” or “not for control of sodium in the diet” appears adjacent to the nutrition information of the product bearing the claim.

(c) Subsection (3)(b) of this rule shall not apply to a factual statement that a product intended specifically for infants and children less than 2 years of age is unsalted, provided such statement refers to the taste of the product and is not false or otherwise misleading.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1052 Nutrient Content Claims for Fat, Fatty Acids, and Cholesterol Content

(1) General requirements. A claim about the level of fat, fatty acid, and cholesterol in a product may only be made on the label or in labeling of products if:

(a) The claim uses one of the terms defined in this rule in accordance with the definition for that term;

(b) The claim is made in accordance with the general requirements for nutrient content claims in OAR 603-029-1038; and

(2) Fat content claims. (a) The terms “fat free,” “free of fat,” “no fat,” “zero fat,” “without fat,” “nonfat,” “trivial source of fat,” “negligible source of fat,” or “dietarily insignificant source of fat” may be used on the label or in labeling of products, provided that:

(a) The product contains less than 0.5 gram (g) of fat per reference amount customarily consumed and per labeled serving size or, in the case of a meal-type product or a main-dish product, less than 0.5 g of fat per labeled serving size;

(b) The product contains no added ingredient that is a fat or is generally understood by consumers to contain fat unless the listing of the ingredient in the ingredients statement is followed by an asterisk that refers to the statement below the list of ingredients, which states: “Adds a trivial amount of fat,” “adds a negligible amount of fat,” or “adds a dietarily insignificant amount of fat”; and

(c) If the product meets these conditions without the benefit of special processing, alteration, formulation, or reformulation to lower the fat content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches.

(3) The terms “low fat,” “low in fat,” “contains a small amount of fat,” “low source of fat,” or “little fat” may be used on the label and in labeling of products, except meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), provided that:

(a) The product has a reference amount customarily consumed greater than 30 g or greater than 2 tablespoons (tbsp) and contains 3 g or less of fat per reference amount customarily consumed; or

(b) The product has a reference amount customarily consumed of 30 g or less or 2 tbsp or less and contains 3 g or less of fat per reference amount customarily consumed and per 50 g (for dehydrated products that must be reconstituted before typical consumption with water or a diluent containing an insignificant amount, as defined in OAR 603-029-1034(6)(a), of all nutrients per reference amount customarily consumed, the per-50-g criterion refers to the “as prepared” form). If the product meets these conditions without the benefit of special processing, alteration, formulation, or reformulation to lower the fat content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches.

(4) The terms defined in subsection (2)(b) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(a) The product contains 3 g or less of total fat per 100 g of product and not more than 30 percent of calories from fat; and

(b) If the product meets these conditions without the benefit of special processing, alteration, formulation, or reformulation to lower the fat content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches.

(5) The terms “reduced fat,” “reduced in fat,” “fat reduced,” “less fat,” “lower fat,” or “lower in fat” may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), provided that:

(a) The product contains at least 25 percent less fat per reference amount customarily consumed than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(b) As required in OAR 603-029-1038(9)(b) for relative claims:

(A) The identity of the reference product and the percent (or fraction) that the fat differs between the two products are declared in immediate proximity to the most prominent such claim (e.g., “reduced fat—50 percent less fat than our regular ‘product’”); and

(B) Quantitative information comparing the level of fat in the product per labeled serving size with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “fat content has been reduced from 8 g to 4 g per serving”).

(c) Claims described in subsection (2)(d) of this rule may not be made on the label or in labeling of a product if the nutrient content of the reference product meets the definition for “low fat.”

(6) The terms defined in subsection (2)(d) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(a) The product contains at least 25 percent less fat per 100 g of product than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(b) As required in OAR 603-029-1038(9)(b) for relative claims:

(A) The identity of the reference product and the percent (or fraction) that the fat differs between the two products are declared in immediate proximity to the most prominent such claim (e.g., “reduced fat ‘product’, 33 percent less fat per 3 oz than our regular ‘product’”); and

(B) Quantitative information comparing the level of fat in the product per specified weight with that of the reference product that it replaces is declared adjacent to the most prominent such claim or to the nutrition information (e.g., “fat content has been reduced from 8 g per 3 oz to 5 g per 3 oz”).

(c) Claims described in subsection (2)(e) of this rule may not be made on the label or in labeling of a product if the nutrient content of the reference product meets the definition for “low fat.”

(7) The term “___ percent fat free” may be used on the label or in labeling of products, provided that:

(a) The product meets the criteria for “low fat” in subsection (2)(b) or (2)(c) of this rule;

(b) The percent declared and the words “fat free” are in uniform type size; and

(c) A “100 percent fat free” claim may be made only on products that meet the criteria for “fat free” in subsection (2)(a) of this rule, that contain less than 0.5 g of fat per 100 g, and that contain no added fat.

(d) A synonym for “___ percent fat free” is “___ percent lean.”

(8) Fatty acid content claims. (1) The terms “saturated fat free,” “free of saturated fat,” “no saturated fat,” “zero saturated fat,” “without saturated fat,” “trivial source of saturated fat,” “negligible source of saturated fat,” or “dietarily insignificant source of saturated fat” may be used on the label or in labeling of products, provided that:

(a) The product contains less than 0.5 g of saturated fat and less than 0.5 g trans fatty acids per reference amount customarily consumed and per labeled serving size or, in the case of a meal-type product or a main-dish product, less than 0.5 g of saturated fat and less than 0.5 g trans fatty acids per labeled serving size;

(b) The product contains no ingredient that is generally understood by consumers to contain saturated fat unless the listing of the ingredient in the ingredients statement is followed by an asterisk that refers to the statement below the list of ingredients, which states: “Adds a trivial amount of saturated fat,” “adds a negligible amount of saturated fat,” or “adds a dietarily insignificant amount of saturated fat;” and

(c) If the product meets these conditions without the benefit of special processing, alteration, formulation, or reformulation to lower saturated fat content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches.

(9) The terms “low in saturated fat,” “low saturated fat,” “contains a small amount of saturated fat,” “low source of saturated fat,” or “a little saturated fat” may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), provided that:

(a) The product contains 1 g or less of saturated fat per reference amount customarily consumed and not more than 15 percent of calories from saturated fat; and

(b) If the product meets these conditions without benefit of special processing, alteration, formulation, or reformulation to lower saturated fat content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches.

(10) The terms defined in subsection (3)(b) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(a) The product contains 1 g or less of saturated fat per 100 g and less than 10 percent calories from saturated fat; and

(b) If the product meets these conditions without the benefit of special processing, alteration, formulation, or reformulation to lower saturated fat content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches.

(11) The terms “reduced saturated fat,” “reduced in saturated fat,” “saturated fat reduced,” “less saturated fat,” “lower saturated fat,” or “lower in saturated fat” may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), provided that:

(a) The product contains at least 25 percent less saturated fat per reference amount customarily consumed than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(b) As required in OAR 603-029-1038(9)(b) for relative claims:

(A) The identity of the reference product and the percent (or fraction) that the saturated fat differs between the two products are declared in immediate proximity to the most prominent such claim (e.g., “reduced saturated fat ‘product’, contains 50 percent less saturated fat than the national average for ‘product’”); and

(B) Quantitative information comparing the level of saturated fat in the product per labeled serving size with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “saturated fat reduced from 3 g to 1.5 g per serving”).

(c) Claims described in subsection (3)(d) of this rule may not be made on the label or in labeling of a product if the nutrient content of the reference product meets the definition for “low saturated fat.”

(12) The terms defined in subsection (3)(d) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(a) The product contains at least 25 percent less saturated fat per 100 g of product than an appropriate reference product as described in OAR 603-029-1038(9)(a); and

(b) As required in OAR 603-029-1038(9)(b) for relative claims:

(A) The identity of the reference product and the percent (or fraction) that the saturated fat differs between the two products are declared in immediate proximity to the most prominent such claim (e.g., “reduced saturated fat ‘product’,” “50 percent less saturated fat than our regular ‘product’”); and

(B) Quantitative information comparing the level of saturated fat in the product per specified weight with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “saturated fat content has been reduced from 2.5 g per 3 oz to 1.5 g per 3 oz”).

(c) Claims described in subsection (3)(e) of this rule may not be made on the label or in labeling of a product if the nutrient content of the reference product meets the definition for “low saturated fat.”

(13) Cholesterol content claims. (1) The terms “cholesterol free,” “free of cholesterol,” “zero cholesterol,” “without cholesterol,” “no cholesterol,” “trivial source of cholesterol,” “negligible source of cholesterol,” or “dietarily insignificant source of cholesterol” may be used on the label or in labeling of products, provided that:

(a) The product contains less than 2 milligrams (mg) of cholesterol per reference amount customarily consumed and per labeled serving size or, in the case of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), less than 2 mg of cholesterol per labeled serving size;

(b) The product contains no ingredient that is generally understood by consumers to contain cholesterol, unless the listing of the ingredient in the ingredients statement is followed by an asterisk that refers to the statement below the list of ingredients, which states: “Adds a trivial amount of cholesterol,” “adds a negligible amount of cholesterol,” or “adds a dietarily insignificant amount of cholesterol”;

(c) The product contains 2 g or less of saturated fat per reference amount customarily consumed or, in the case of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), 2 g or less of saturated fat per labeled serving size; and

(d) If the product meets these conditions without the benefit of special processing, alteration, formulation, or reformulation to lower cholesterol content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which it attaches; or

(e) If the product meets these conditions only as a result of special processing, alteration, formulation, or reformulation, the amount of cholesterol is reduced by 25 percent or more from the reference product it replaces as described in OAR 603-029-1038(9)(a) and for which it substitutes as described in OAR 603-029-1038(4) that has a significant (e.g., 5 percent or more of a national or regional market) market share. As required in OAR 603-029-1038(9)(b) for relative claims:

(A) The identity of the reference product and the percent (or fraction) that the cholesterol was reduced are declared in immediate proximity to the most prominent such claim (e.g., “cholesterol free ‘product’, contains 100 percent less cholesterol than ‘reference product’”); and

(B) Quantitative information comparing the level of cholesterol in the product per labeled serving size with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “contains no cholesterol compared with 30 mg in one serving of ‘reference product’”).

(14) The terms “low in cholesterol,” “low cholesterol,” “contains a small amount of cholesterol,” “low source of cholesterol,” or “little cholesterol” may be used on the label or in labeling of products, except meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), provided that:

(a)(A) If the product has a reference amount customarily consumed greater than 30 g or greater than 2 tbsp:

(i) The product contains 20 mg or less of cholesterol per reference amount customarily consumed; and

(ii) The product contains 2 g or less of saturated fat per reference amount customarily consumed; or

(B) If the product has a reference amount customarily consumed of 30 g or less or 2 tbsp or less:

(i) The product contains 20 mg or less of cholesterol per reference amount customarily consumed and per 50 g (for dehydrated products that must be reconstituted before typical consumption with water or a diluent containing an insignificant amount, as defined in OAR 603-029-1034(6)(a), of all nutrients per reference amount customarily consumed, the per-50-g criterion refers to the “as prepared” form); and

(ii) The product contains 2 g or less of saturated fat per reference amount customarily consumed.

(b) If the product meets these conditions without the benefit of special processing, alteration, formulation, or reformulation to lower cholesterol content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches; or

(c) If the product contains 20 mg or less of cholesterol only as a result of special processing, alteration, formulation, or reformulation, the amount of cholesterol is reduced by 25 percent or more from the reference product it replaces as described in OAR 603-029-1038(9)(a) and for which it substitutes as described in OAR 603-029-1038(4) that has a significant (e.g., 5 percent or more of a national or regional market) market share. As required in OAR 603-029-1038(9)(b) for relative claims:

(A) The identity of the reference product and the percent (or fraction) that the cholesterol has been reduced are declared in immediate proximity to the most prominent such claim (e.g., “low cholesterol ‘product’, contains 85 percent less cholesterol than our regular ‘product’”); and

(B) Quantitative information comparing the level of cholesterol in the product per labeled serving size with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “cholesterol lowered from 30 mg to 5 mg per serving”).

(15) The terms defined in subsection (4)(b) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(a) The product contains 20 mg or less of cholesterol per 100 g of product;

(b) The product contains 2 g or less of saturated fat per 100 g of product; and

(c) If the product meets these conditions without the benefit of special processing, alteration, formulation, or reformulation to lower cholesterol content, it is labeled to clearly refer to all products of its type and not merely to the particular brand to which the label attaches.

(16) The terms “reduced cholesterol,” “reduced in cholesterol,” “cholesterol reduced,” “less cholesterol,” “lower cholesterol,” or “lower in cholesterol” may be used on the label or in labeling of products or products that substitute for those products as specified in OAR 603-029-1038(4), excluding meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12), provided that:

(a) The product has been specifically formulated, altered, or processed to reduce its cholesterol by 25 percent or more from the reference product it replaces as described in OAR 603-029-1038(9)(a) and for which it substitutes as described in OAR 603-029-1038(4) that has a significant (e.g., 5 percent or more of a national or regional market) market share;

(b) The product contains 2 g or less of saturated fat per reference amount customarily consumed; and

(A) The identity of the reference product and the percent (or fraction) that the cholesterol has been reduced are declared in immediate proximity to the most prominent such claim (e.g., “25 percent less cholesterol than ‘reference product’”); and

(B) Quantitative information comparing the level of cholesterol in the product per labeled serving size with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “cholesterol lowered from 55 mg to 30 mg per serving”).

(d) Claims described in subsection (4)(d) of this rule may not be made on the label or in labeling of a product if the nutrient content of the reference product meets the definition for “low cholesterol.”

(17) The terms defined in subsection (4)(d) of this rule may be used on the label or in labeling of a meal-type product as defined in OAR 603-029-1038(11) and main-dish product as defined in OAR 603-029-1038(12), provided that:

(b) The product contains 2 g or less of saturated fat per 100 g of product; and

(A) The identity of the reference product and the percent (or fraction) that the cholesterol has been reduced are declared in immediate proximity to the most prominent such claim (e.g., “25% less cholesterol than ‘reference product’”); and

(B) Quantitative information comparing the level of cholesterol in the product per specified weight with that of the reference product that it replaces is declared adjacent to the most prominent claim or to the nutrition information (e.g., “cholesterol content has been reduced from 35 mg per 3 oz to 25 mg per 3 oz).

(d) Claims described in subsection (4)(e) of this rule may not be made on the label or in labeling of a product if the nutrient content of the reference product meets the definition for “low cholesterol.”

(18) “Lean” and “Extra Lean” claims.

(a) The term “lean” may be used on the label or in labeling of a product, provided that the product contains less than 10 g of fat, 4.5 g or less of saturated fat, and less than 95 mg of cholesterol per 100 g of product and per reference amount customarily consumed for individual foods, and per 100 g of product and per labeled serving size for meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12).

(b) The term “extra lean” may be used on the label or in labeling of a product, provided that the product contains less than 5 g of fat, less than 2 g of saturated fat, and less than 95 mg of cholesterol per 100 g of product and per reference amount customarily consumed for individual foods, and per 100 g of product and per labeled serving size for meal-type products as defined in OAR 603-029-1038(11) and main-dish products as defined in OAR 603-029-1038(12).

(c) A statement of the lean percentage may be used on the label or in labeling of ground or chopped meat products described in OAR 603-029-1028 when the product does not meet the criteria for “low fat,” defined in OAR 603-029-1052(2)(b), provided that a statement of the fat percentage is contiguous to and in lettering of the same color, size, type, and on the same color background, as the statement of the lean percentage.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1054 Nutrient Content Claims for “Healthy”

(1) (a) The term “healthy,” or any other derivative of the term “health,” may be used on the labeling of any meat or meat product, provided that the product is labeled in accordance with OAR 603-029-1034 and OAR 603-029-1038.

(b) The product shall meet the requirements for “low fat” and “low saturated fat,” as defined in OAR 603-029-1052, except that single-ingredient, raw products may meet the total fat and saturated fat criteria for “extra lean” in OAR 603-029-1052.

(c) The product shall not contain more than 60 milligrams (mg) of cholesterol per reference amount customarily consumed, per labeled serving size, and, only for foods with reference amounts customarily consumed of 30 grams (g) or less or 2 tablespoons (tbsp) or less, per 50 g, and, for dehydrated products that must be reconstituted with water or a diluent containing an insignificant amount, as defined in OAR 603-029-1034(6)(a), of all nutrients, the per-50-g criterion refers to the prepared form, except that:

(A) A main-dish product, as defined in OAR 603-029-1038(12), and a meal-type product, as defined in OAR 603-029-1038(11), and including meal-type products that weigh more than 12 ounces (oz) per serving (container), shall not contain more than 90 mg of cholesterol per labeled serving size; and

(B) Single-ingredient, raw products may meet the cholesterol criterion for “extra lean” in OAR 603-029-1052.

(2) The product shall not contain more than 480 mg of sodium per reference amount customarily consumed, per labeled serving size, and, only for foods with reference amounts customarily consumed of 30 g or less or 2 tbsp or less, per 50 g, and, for dehydrated products that must be reconstituted with water or a diluent containing an insignificant amount, as defined in OAR 603-029-1034(6)(a), of all nutrients, the per-50-g criterion refers to the prepared form, except that:

(a) A main-dish product, as defined in OAR 603-029-1038(12), and a meal-type product, as defined in OAR 603-029-1038(11), and including meal-type products that weigh more than 12 oz per serving (container), shall not contain more than 600 mg of sodium per labeled serving size; and

(b) The requirements of this subsection (2)(c) do not apply to single-ingredient, raw products.

(3) The product shall contain 10 percent or more of the Reference Daily Intake or Daily Reference Value as defined in OAR 603-029-1034 for vitamin A, vitamin C, iron, calcium, protein, or fiber per reference amount customarily consumed prior to any nutrient addition, except that:

(a) A main-dish product, as defined in OAR 603-029-1038(12), and including main-dish products that weigh less than 10 oz per serving (container), shall meet the level for two of the nutrients per labeled serving size; and

(b) A meal-type product, as defined in OAR 603-029-1038(11), shall meet the level for three of the nutrients per labeled serving size.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1056 Labeling Applications for Nutrient Content Claims

If a state-inspected establishment wishes to file a labeling application for a new nutrient content claim, the establishment must follow the process set forth in 9 CFR § 317.369 for seeking USDA approval of a new nutrient content claim.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1058 Label Statements Relating to Usefulness in Reducing or Maintaining Body Weight

(1) General requirements. Any product that purports to be or is represented for special dietary use because of usefulness in reducing body weight shall bear:

(a) Nutrition labeling in conformity with OAR 603-029-1034, unless exempt under that rule, and

(b) A conspicuous statement of the basis upon which the product claims to be of special dietary usefulness.

(2) Nonnutritive ingredients.

(a) Any product subject to section (1) of this rule that achieves its special dietary usefulness by use of a nonnutritive ingredient (i.e., one not utilized in normal metabolism) shall bear on its label a statement that it contains a nonnutritive ingredient and the percentage by weight of the nonnutritive ingredient.

(b) A special dietary product may contain a nonnutritive sweetener or other ingredient only if the ingredient is safe for use in the product under the applicable law and regulations of this chapter. Any product that achieves its special dietary usefulness in reducing or maintaining body weight through the use of a nonnutritive sweetener shall bear on its label the statement required by subsection (2)(a) of this rule, but need not state the percentage by weight of the nonnutritive sweetener. If a nutritive sweetener(s) as well as nonnutritive sweetener(s) is added, the statement shall indicate the presence of both types of sweetener; e.g., “Sweetened with nutritive sweetener(s) and nonnutritive sweetener(s).”

(3) “Low calorie” foods. A product purporting to be “low calorie” must comply with the criteria set forth for such foods in OAR 603-029-1048.

(4) “Reduced calorie” foods and other comparative claims. A product purporting to be “reduced calorie” or otherwise containing fewer calories than a reference food must comply with the criteria set forth for such foods in OAR 603-029-1048(2)(d) and (e).

(5) “Label terms suggesting usefulness as low calorie or reduced calorie foods”.

(a) Except as provided in subsections (5)(b) and (5)(c) of this rule, a product may be labeled with terms such as “diet,” “dietetic,” “artificially sweetened,” or “sweetened with nonnutritive sweetener” only if the claim is not false or misleading, and the product is labeled “low calorie” or “reduced calorie” or bears another comparative calorie claim in compliance with the applicable provisions in this subpart.

(b) Subsection (5)(a) of this rule shall not apply to any use of such terms that is specifically authorized by regulation governing a particular food, or, unless otherwise restricted by regulation, to any use of the term “diet” that clearly shows that the product is offered solely for a dietary use other than regulating body weight, e.g., “for low sodium diets.”

(c) Subsection (5)(a) of this rule shall not apply to any use of such terms on a formulated meal replacement or other product that is represented to be of special dietary use as a whole meal, pending the issuance of a regulation governing the use of such terms on foods.

(6) “Sugar free” and “no added sugar”. Criteria for the use of the terms “sugar free” and “no added sugar” are provided for in OAR 603-029-1048(3).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1060 Exemption from Nutrition Labeling

(1) The following meat or meat products are exempt from nutrition labeling:

(a) Food products produced by small businesses, other than the major cuts of single-ingredient, raw meat products identified in OAR 603-029-1040 produced by small businesses, provided that the labels for these products bear no nutrition claims or nutrition information, and ground or chopped products described in OAR 603-029-1028 produced by small businesses that bear a statement of the lean percentage and fat percentage on the label or in labeling in accordance with OAR 603-029-1052(6), provided that labels or labeling for these products bear no other nutrition claims or nutrition information,

(A) A food product, for the purposes of the small business exemption, is defined as a formulation, not including distinct flavors which do not significantly alter the nutritional profile, sold in any size package in commerce.

(B) For purposes of this paragraph, a small business is any single-plant facility, including a single retail store, or multi-plant company/firm, including a multi-retail store operation, that employs 500 or fewer people and produces no more than 100,000 pounds per year of the product qualifying the firm for exemption from this rule.

(C) For purposes of this paragraph, calculation of the amount of pounds shall be based on the most recent 2-year average of business activity. Where firms have been in business less than 2 years or where products have been produced for less than 2 years, reasonable estimates must indicate that the annual pounds produced will not exceed 100,000 pounds per year of the product qualifying the firm for exemption from this rule.

(b) Products intended for further processing, provided that the labels for these products bear no nutrition claim or nutrition information,

(c) Products that are not for sale to consumers, provided that the labels for these products bear no nutrition claims or nutrition information,

(d) Products in small packages that are individually wrapped packages of less than 1⁄2 ounce net weight, provided that the labels for these products bear no nutrition claims or nutrition information,

(e) Products custom slaughtered or prepared,

(f) Products intended for export, and

(g) The following products prepared and served or sold at retail provided that the labels or the labeling of these products bear no nutrition claims or nutrition information:

(A) Ready-to-eat products that are packaged or portioned at a retail store or similar retail-type establishment, provided, however, that this exemption does not apply to ready-to-eat ground or chopped meat products described in OAR 603-029-1028 that are packaged or portioned at a retail establishment, unless the establishment qualifies for an exemption under (1)(a);

(B) Multi-ingredient products (e.g., sausage) processed at a retail store or similar retail-type establishment, provided, however, that this exemption does not apply to multi-ingredient ground or chopped meat products described in OAR 603-029-1028 that are processed at a retail establishment, unless the establishment qualifies for an exemption under (1)(a); and

(2) Restaurant menus generally do not constitute labeling or fall within the scope of these regulations.

(3)(a) Foods represented to be specifically for infants and children less than 2 years of age shall bear nutrition labeling as provided in subsection (3)(b) of this rule, except such labeling shall not include calories from fat, calories from saturated fat, saturated fat, stearic acid, polyunsaturated fat, monounsaturated fat, and cholesterol.

(b) Foods represented or purported to be specifically for infants and children less than 4 years of age shall bear nutrition labeling except that:

(A) Such labeling shall not include declarations of percent of Daily Value for total fat, saturated fat, cholesterol, sodium, potassium, total carbohydrate, and dietary fiber;

(B) Nutrient names and quantitative amounts by weight shall be presented in two separate columns;

(C) The heading “Percent Daily Value” required in OAR 603-029-1034(4)(f) shall be placed immediately below the quantitative information by weight for protein;

(D) The percent of the Daily Value for protein, vitamins, and minerals shall be listed immediately below the heading “Percent Daily Value”; and

(E) Such labeling shall not include the footnote specified in OAR 603-029-1034(4)(i).

(4)(a) Products in packages that have a total surface area available to bear labeling of less than 12 square inches are exempt from nutrition labeling, provided that the labeling for these products bear no nutrition claims or other nutrition information, except that this exemption does not apply to the major cuts of single-ingredient, raw meat products identified in OAR 603-029-1040. The manufacturer, packer, or distributor shall provide, on the label of packages that qualify for and use this exemption, an address or telephone number that a consumer can use to obtain the required nutrition information (e.g., “For nutrition information call 1-800-123-4567”).

(b) When such products bear nutrition labeling, either voluntarily or because nutrition claims or other nutrition information is provided, all required information shall be in a type size no smaller than 6 point or all upper case type of 1⁄16 -inch minimum height, except that individual serving-size packages of meat products that have a total area available to bear labeling of 3 square inches or less may provide all required information in a type size no smaller than 1⁄32 -inch minimum height.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1100 Products and Other Articles Entering State-Inspected Establishments

(1) Except as otherwise provided in sections (7) and (8) of this rule or OAR 603-029-1135, no product shall be brought into a state-inspected establishment unless:

(a) It has been slaughtered or prepared only in a state-inspected establishment and previously inspected and passed by a Department employee, and is identified by an Oregon inspection legend as so inspected and passed

(b) It has been slaughtered or prepared only in an official federal establishment and previously inspected and passed by an FSIS employee, and is identified by an official federal inspection legend as so inspected and passed; or

(c) It has been slaughtered or prepared only in a CIS establishment and previously inspected and passed by an employee of that state, and is identified by an official federal inspection legend as so inspected and passed.

(d) Notwithstanding the foregoing provisions of this section, product imported in accordance with 9 CFR part 327 and not slaughtered or prepared in the United States outside a state-inspected establishment, official federal establishment, or CIS establishment may enter any state-inspected establishment, subject in other respects to the same restrictions as apply to domestic product. Products received in a state-inspected establishment during the Department employee’s absence shall be identified and maintained in a manner acceptable to such employee. Product entering any state-inspected establishment shall not be used or prepared thereat until it has been reinspected in accordance with OAR 603-029-1105. Any product originally slaughtered or prepared at any state-inspected establishment may not be returned into any part of such establishment, except the receiving area approved under OAR 603-029-1110, until it has been re-inspected by the inspector.

(2) No slaughtered poultry or poultry product shall be brought into a state-inspected establishment unless it has been:

(a) previously inspected and passed and is identified as such in accordance with the requirements of the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) and the regulations thereunder, and has not been prepared other than in an establishment inspected under said Act, or

(b) has been inspected and passed and is identified as such in accordance with the requirements of a State law.

(3) Every article for use as an ingredient in the preparation of meat products, when entering any state-inspected establishment and at all times while it is in such establishment, shall bear a label showing the name of the article, the amount or percentage therein of any substances restricted by this rule or OAR 603-029-1026 to 603-029-1060, and a list of ingredients in the article if composed of two or more ingredients: Provided, That in the case of articles received in tank car lots, only one such label shall be used to identify each lot. In addition, the label must show the name and address of the shipper.

(4) To ensure the safe use of preparations used in hog scalding water or in the denuding of tripe, the label or labeling on containers of such preparations shall bear adequate directions to ensure use in compliance with any limitations prescribed in 21 CFR Chapter I, Subchapter A or Subchapter B, or this Division 29.

(5) Dyes, chemicals, or other substances the use of which is restricted to certain products may be brought into or kept in a state-inspected establishment only if such products are prepared thereat. No prohibited dye, chemical, preservative, or other substance shall be brought into or kept in a state-inspected establishment.

(6) Glands and organs, such as cotyledons, ovaries, prostate glands, tonsils, spinal cords, and detached lymphatic, pineal, pituitary, parathyroid, suprarenal, pancreatic and thyroid glands, used in preparing pharmaceutical, organotherapeutic, or technical products and which are not used as human food (whether or not prepared at state-inspected establishments) may be brought into and stored in edible product parts of state-inspected establishments if packaged in suitable containers so that the presence of such glands and organs will in no way interfere with the maintenance of sanitary conditions or constitute an interference with inspection. Glands or organs which are regarded as human food products, such as livers, testicles, and thymus glands, may be brought into state-inspected establishments for pharmaceutical, organotherapeutic or technical purposes, only if Oregon inspected and passed or U.S. inspected and passed, and so identified. Lungs and lung lobes derived from meat animals slaughtered in any official federal establishment or state-inspected establishment may not be brought into any state-inspected establishment except as provided in OAR 603-029-1135(1).

(7)(a) Carcasses of game animals, and carcasses derived from the slaughter by any person of meat animals of his own raising in accordance with the exemption provisions of paragraph 23(a) of the Act, and parts of such carcasses, may be brought into a state-inspected establishment for preparation, packaging, and storing in accordance with the provisions of OAR 603-029-0020(1)(b).

(b) Meat and meat products bearing official marks showing that they were inspected and passed under State inspection in any State not designated in 9 CFR 331.2 may be received by state-inspected establishments. The presence of such a product must not create any unsanitary condition or otherwise result in adulteration of any products at the state-inspected establishment or interfere with the conduct of inspection under this Division. In addition, such products must be stored separately and apart from the state-inspected products in the state-inspected establishment.

(8) The operator of the state-inspected establishment shall furnish such information as is necessary to determine the origin of any product or other article entering the state-inspected establishment. Such information shall include, but is not limited to, the name and address of the seller or supplier, transportation company, agent, or broker involved in the sale or delivery of the product or article in question.

(9) Any product or any poultry or poultry product or other article that is brought into a state-inspected establishment contrary to any provision of this rule may be required by the Department to be removed immediately from such establishment by the operator thereof, and failure to comply with such requirement shall be deemed a violation of this Division 29. If any slaughtered poultry or poultry products or other articles are received at a state-inspected establishment and are suspected of being adulterated or misbranded under the Poultry Products Inspection Act or the Federal Food, Drug, and Cosmetic Act, or applicable State laws, the appropriate governmental authorities will be notified.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1105 Reinspection, Retention, and Disposal of Meat and Poultry Products at State-Inspected Establishments

(1) All products and all slaughtered poultry and poultry products brought into any state-inspected establishment shall be identified by the operator of the state-inspected establishment at the time of receipt at the state-inspected establishment and shall be subject to reinspection by a Department employee at the state-inspected establishment in such manner and at such times as may be deemed necessary to assure compliance with the Federal Meat Inspection Act and Poultry Products Inspection Act or these Division 29 rules.

(2) All products, whether fresh, cured, or otherwise prepared, even though previously inspected and passed, shall be reinspected by Department employees as often as they may deem necessary in order to ascertain that they are not adulterated or misbranded at the time they enter or leave state-inspected establishments and that the requirements of the rules in this Division are complied with.

(3) Reinspection may be accomplished through use of statistically sound sampling plans that assure a high level of confidence. The supervisor shall designate the type of plan and the Department employee shall select the specific plan to be used in accordance with instructions issued by the Department.1

(4) An Oregon Retained tag shall be placed by a Department employee at the time of reinspection at any state-inspected establishment on all products which are suspected on such reinspection of being adulterated or misbranded, and such products shall be held for further inspection. Such tags shall be removed only by authorized Department employees. When further inspection is made, if the product is found to be adulterated, all official inspection legends or other official marks for which the product is found to be ineligible under the rules in this Division, shall be removed or defaced and the product will be subject to condemnation and disposal in accordance with OAR 603-029-0800 to 603-029-0850, except that a determination regarding adulteration may be deferred if a product has become soiled or unclean by falling on the floor or in any other accidental way or if the product is affected with any other condition which the inspector deems capable of correction, in which case the product shall be cleaned (including trimming if necessary) or otherwise handled in a manner approved by the inspector to assure that it will not be adulterated or misbranded and shall then be presented for reinspection and disposal in accordance with this rule. If upon final inspection, the product is found to be neither adulterated nor misbranded, the inspector shall remove the Oregon Retained tag. If a product is found upon reinspection to be misbranded, it shall be held under a Oregon Retained tag, or an Oregon Detained tag as provided in OAR 603-029-1500 to 603-029-1520, pending correction of the misbranding, a withholding action, a regulatory control action, or other appropriate action. The inspector shall make a complete record of each transaction under this section and shall report that action to the Supervisor.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1110 Designation of Places of Receipt of Products and Other Articles for Reinspection

Every state-inspected establishment shall designate, with the approval of the supervisor, a dock or place at which products and other articles subject to reinspection under OAR 603-029-1105 shall be received, and such products and articles shall be received only at such dock or place.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1115 Preparation of Products to be Officially Supervised; Responsibilities of State-Inspected Establishments ; Plant Operated Quality Control

(1) All processes used in curing, pickling, rendering, canning, or otherwise preparing any product in state-inspected establishments shall be supervised by Department employees unless such preparation is conducted as a custom operation exempted from inspection under OAR 603-029-0020(1)(b) in any state-inspected establishment or consists of operations that are exempted from inspection under OAR 603-029-0020(4). No fixtures or appliances, such as tables, trucks, trays, tanks, vats, machines, implements, cans, or containers of any kind, shall be used unless they are of such materials and construction as will not contaminate or otherwise adulterate the product and are clean and sanitary. All steps in the preparation of edible products shall be conducted carefully and with strict cleanliness in rooms or compartments separate from those used for inedible products.

(2) It shall be the responsibility of the operator of every state-inspected establishment to comply with the rules in this Division 29. In order to carry out this responsibility effectively, the operator of the establishment shall institute appropriate measures to assure the maintenance of the establishment and the preparation, marking, labeling, packaging and other handling of its products strictly in accordance with the sanitary and other requirements of this Division 29. The effectiveness of such measures will be subject to review by the Department.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1120 Requirements Concerning Procedures

(1)(a) Care shall be taken to assure that product is not adulterated when placed in freezers. If there is doubt as to the soundness of any frozen product, the inspector will require the defrosting and reinspection of a sufficient quantity thereof to determine its actual condition.

(b) Frozen product may be defrosted in water or pickle in a manner and with the use of facilities which are acceptable to the inspector. Before such product is defrosted, a careful examination shall be made to determine its condition. If necessary, this examination shall include defrosting of representative samples by means other than in water or pickle.

(2) Product, such as pork tenderloins, brains, sweetbreads, stew, or chop suey, shall not be packed in hermetically sealed metal or glass containers, unless subsequently heat processed or otherwise treated to preserve the product in a manner approved by the Department in specific cases.

(3) Care shall be taken to remove bones and parts of bones from product which is intended for chopping.

(4) Heads for use in the preparation of meat products shall be split and the bodies of the teeth, the turbinated and ethmoid bones, ear tubes, and horn butts removed, and the heads then thoroughly cleaned.

(5) Kidneys for use in the preparation of meat products shall first be freely sectioned and then thoroughly soaked and washed. All detached kidneys, including beef kidneys with detached kidney fat, shall be inspected before being used in or shipped from the state-inspected establishment.

(6) Cattle paunches and hog stomachs for use in the preparation of meat products shall be thoroughly cleaned on all surfaces and parts immediately after being emptied of their contents, which shall follow promptly their removal from the carcasses.

(7) Clotted blood shall be removed from hog hearts before they are shipped from the state-inspected establishment or used in the preparation of meat products.

(8) Beef rounds, beef bungs, beef middles, beef bladders, calf rounds, hog bungs, hog middles, and hog stomachs which are to be used as containers of any meat product shall be presented for inspection, turned with the fat surface exposed.

(9) Portions of casings which show infection with Oesophagostomum or other nodule-producing parasite, and weasands infected with the larvae of Hypoderma lineatum, shall be rejected, except that when the infestation is slight and the nodules and larvae are removed, the casing or weasand may be passed.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042 & ORS 619.026
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1125 Requirements Concerning Ingredients and Other Articles Used in Preparation of Products

(1) All ingredients and other articles used in the preparation of any product shall be clean, sound, healthful, wholesome, and otherwise such as will not result in the product being adulterated. State-inspected establishments shall furnish inspectors accurate information on all procedures involved in product preparation including product composition and any changes in such procedures essential for inspectional control of the product.

(2)(a) The only animal casings that may be used as containers of product are those from sheep, swine, or goats. Casings from cattle may be used as containers of products. However, if casings from cattle are derived from the small intestine, the small intestine must comply with the requirements in OAR 603-029- 0494(4). Establishments that use casings derived from the small intestine of cattle as containers for products must demonstrate, through documentation, that the small intestine from which the casing was derived complies with the requirements in OAR 603-029-0494(4).

(b) Casings for products shall be carefully inspected by Department employees. Only those casings which have been carefully washed and thoroughly flushed with clean water immediately before stuffing and are suitable for containers, are clean, and are passed on such inspection shall be used, except that pre-flushed animal casings packed in salt or salt and glycerine solution or other approved medium may be used without additional flushing provided they are found to be clean and otherwise acceptable and are thoroughly rinsed before use.

(c) Hog and sheep casings intended for use as containers of product may be treated by soaking in or applying thereto sound, fresh pineapple juice or papain or bromelin or pancreatic extract to permit the enzymes contained in these substances to act on the casings to make them less resistant. The casings shall be handled in a clean and sanitary manner throughout and the treatment shall be followed by washing and flushing the casings with water sufficiently to effectively remove the substance used and terminate the enzymatic action.

(d) On account of the invariable presence of bone splinters, detached spinal cords shall not be used in the preparation of edible product other than for rendering where they constitute a suitable raw material. Detached spinal cords from cattle 30 months of age and older shall not be used as raw materials for edible rendering.

(e) Testicles if handled as an edible product may be shipped from the state-inspected establishment as such, but they shall not be used as an ingredient of a meat product.

(f) Tonsils shall be removed and shall not be used as ingredients of meat products.

(g) Blood from meat animals prepared in accordance with OAR 603-029-0490 may be used as an ingredient of a meat product for which a standard is prescribed in OAR 603-029-1200 to 603-029-1299, if permitted by such standard, and may be used in any meat product for which no such standard is prescribed in OAR 603-029-1200 to 603-029-1299 if it is a common and usual ingredient of such product.

(h) Intestines shall not be used as ingredients in any meat product for which a standard is prescribed in OAR 603-029-1200 to 603-029-1299 and shall not be used in other products unless the products are labeled in accordance with OAR 603-029-1010(2)(c). When small intestine from cattle is used in a meat product or for edible rendering, it must comply with the requirements in OAR 603-029-0494(4).

(i) Poultry products and egg products (other than shell eggs) which are intended for use as ingredients of meat products shall be considered acceptable for such use only when identified as having been inspected and passed for wholesomeness by FSIS or state authorities in CIS establishments under the regulations in 7 CFR part 59 or 9 CFR part 362 or 381; or by the Department under the rules in Division 22; and when found to be sound and otherwise acceptable when presented for use. Poultry products and egg products (other than shell eggs) which have not been so inspected and passed for wholesomeness shall not be used in the preparation of such meat products.

(j) Dry milk products which are intended for use as ingredients of meat products shall be considered acceptable for such use only when produced in a plant approved by the Department under ORS chapter 621 and OAR chapter 603, division 24 and when found to be sound and otherwise acceptable when presented for use. Dry milk products prepared in a plant not so approved shall not be used in the preparation of such meat products.

(k) Ingredients for use in any product may not bear or contain any pesticide chemical or other residues in excess of level permitted in OAR 603-029-1155.

(l) Use of “Mechanically Separated (Kind of Poultry),” as defined in 9 CFR 381.173, in the preparation of meat products shall accord with 9 CFR 381.174.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1130 Samples of Products, Water, Dyes, Chemicals, etc., to be Taken for Examination

Samples of products, water, dyes, chemicals, preservatives, spices, or other articles in any state-inspected establishment shall be taken, without cost to the Department, for examination, as often as may be deemed necessary for the efficient conduct of the inspection.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1135 Manufacture of Uninspected, Inedible Products at State-Inspected Establishments

(1) State-inspected establishments may manufacture pet food or similar uninspected, inedible products in areas where edible products also are produced, provided that the manufacture of uninspected, inedible products does not:

(a) Adulterate edible products;

(b) Create insanitary conditions in the state-inspected establishment whereby edible products may be adulterated; or

(c) Prevent or interfere with inspection or other program tasks performed by Department personnel in the state-inspected establishment.

(2) Pet food and similar uninspected, inedible products must be distinguished from edible products so as to avoid their distribution as human food. Pet food or similar uninspected, inedible products must be labeled or otherwise identified in accordance with OAR 603-029-1435(4).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1140 Mixtures Containing Product but not Amendable to the Act

Mixtures containing product but not classed as a meat product under the regulations found in Division 29 shall not bear the inspection legend or any abbreviation or representation thereof unless manufactured under state inspection. When such mixtures are manufactured in any part of a state-inspected establishment, the sanitation of that part of the establishment shall be supervised by Department employees, and the manufacture of such mixtures shall not cause any deviation from the requirements of OAR 603-029-1100.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1145 Adulteration of Product by Polluted Water; Procedure for Handling

(1) In the event there is polluted water (including but not limited to flood water) in a state-inspected establishment, all products and ingredients for use in the preparation of such products that have been rendered adulterated by the water shall be condemned.

(2) After the polluted water has receded from a state-inspected establishment, all walls, ceilings, posts, and floors of the rooms and compartments involved, including the equipment therein, shall, under the supervision of an inspector, be cleaned thoroughly by the state-inspected establishment personnel. An adequate supply of hot water under pressure is essential to make such cleaning effective. After cleaning, a solution of sodium hypochlorite containing approximately one-half of 1 percent available chlorine (5,000 p/m) or other equivalent disinfectant approved by the Department shall be applied to the surface of the rooms and equipment and rinsed with potable water before use.

(3) Hermetically sealed containers of product which have been contaminated by polluted water shall be examined promptly by the state-inspected establishment under supervision of an inspector and re-handled as follows:

(a) Separate and condemn all product in damaged or extensively rusted containers.

(b) Remove paper labels and wash the remaining containers in warm soapy water, using a brush where necessary to remove rust or other foreign material. Disinfect these containers by either of the following methods:

(A) Immerse in a solution of sodium hypochlorite containing not less than 100 p/m of available chlorine or other equivalent disinfectant approved by the Department,1 rinse in potable water, and dry thoroughly; or list of approved disinfectants is available upon request to Scientific Services, Meat and Poultry Inspection Program, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250.

(B) Immerse in 212 °F. water, bring temperature of the water back to 212 °F. and maintain the temperature at 212 °F. for 5 minutes, then remove containers from water and cool them to 95 °F. and dry thoroughly.

(c) After handling as described in subsection (3)(b) of this rule, the containers may be re-lacquered, if necessary, and then relabeled with approved labels applicable to the product therein.

(d) The identity of the canned product shall be maintained throughout all stages of the re-handling operations to insure correct labeling of the containers.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1150 Tagging Chemicals, Preservatives, Cereals, Spices, etc., “Oregon Retained”

When any chemical, preservative, cereal, spice, or other substance is intended for use in a state-inspected establishment, it shall be examined by a Department employee and if found to be unfit or otherwise unacceptable for the use intended, or if final decision regarding acceptance is deferred pending laboratory or other examination, the employee shall attach a “Oregon Retained” tag to the substance or container thereof. The substance so tagged shall be kept separate from other substances as the supervisor may require and shall not be used until the tag is removed, and such removal shall be made only by a Department employee after a finding that the substance can be accepted, or, in the case of an unacceptable substance, when it is removed from the establishment.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1155 Pesticide Chemicals and Other Residues in Products

(1) Nonmeat ingredients. Residues of pesticide chemicals, food additives and color additives or other substances in or on ingredients (other than meat, meat byproducts, and meat products) used in the formulation of products shall not exceed the levels permitted under the Federal Food, Drug, and Cosmetic Act, 21 CFR Parts 70-80, 21 CFR Parts 170-180, and 40 CFR Part 180, and such nonmeat ingredients must otherwise be in compliance with the requirements under that Act.

(2) Products, and meat, meat byproduct, or other meat product ingredients. Products, and products used as ingredients of products, shall not bear or contain any pesticide chemical, food additives, or color additive residue in excess of the levels permitted under the Federal Food, Drug, and Cosmetic Act, 21 CFR Parts 70-80, 21 CFR Parts 170-180, 40 CFR Part 180, OAR 603-057-0216, and the rules in this Division 29, or any other substance that is prohibited by such rules or that otherwise makes the products adulterated.

(3) Standards and procedures. Instructions specifying the standards and procedures for determining when ingredients of finished products are in compliance with this rule shall be issued to the inspectors by the Department. Copies of such instructions will be made available to interested persons upon request made to the Department.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 616.341, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1160 Requirements for the Production of Cooked Beef, Roast Beef, and Cooked Corned Beef Products

(1) Cooked beef, roast beef, and cooked corned beef products must be produced using processes ensuring that the products meet the following performance standards:

(a) Lethality. A 6.5-log10 reduction of Salmonella or an alternative lethality that achieves an equivalent probability that no viable Salmonella organisms remain in the finished product, as well as the reduction of other pathogens and their toxins or toxic metabolites necessary to prevent adulteration, must be demonstrated to be achieved throughout the product. The lethality process must include a cooking step. Controlled intermediate step(s) applied to raw product may form part of the basis for the equivalency.

(b) Stabilization. There can be no multiplication of toxigenic microorganisms such as Clostridium botulinum, and no more than 1-log10 multiplication of Clostridium perfringens within the product.

(2) For each product produced using a process other than one conducted in accordance with the Hazard Analysis and Critical Control Point (HACCP) system requirements in OAR 603-029-2200 to 603-029-2235, a state-inspected establishment must develop and have on file and available to the Department, a process schedule, as defined in OAR 603-029-0010. Each process schedule must be approved in writing by a process authority for safety and efficacy in meeting the critical controls established for the product in question. A process authority must have access to the state-inspected establishment in order to evaluate and approve the safety and efficacy of each process schedule.

(3) Under the auspices of a processing authority, an establishment must validate new or altered process schedules by scientifically supportable means, such as information gleaned from the literature or by challenge studies conducted outside the plant.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1165 Handling of Certain Material for Mechanical Processing

Material to be processed into “Mechanically Separated (Species)” shall be so processed within 1 hour from the time it is cut or separated from carcasses or parts of carcasses, except that such product may be held for no more than 72 hours at 40 °F. (4 °C.) or less, or held indefinitely at 0 °F. (−18 °C.) or less. “Mechanically Separated (Species)” shall, directly after being processed, be used as an ingredient in a meat product except that it may be held prior to such use for no more than 72 hours at 40 °F. (4 °C.) or less or indefinitely at 0 °F. (−18 °C.) or less.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1170 Compliance Procedure for Cured Pork Products

(1) Definitions. For the purposes of this rule:

(a) A product is that cured pork article which is contained within one Group as defined in subsection (1)(b) of this rule and which purports to meet the criteria for a single product designated under the heading “Product Name and Qualifying Statements” in the chart in OAR 603-029-1226 or the chart in OAR 603-029-1228.

(b) A Product Group or a Group means one of the following:

(A) Group I, consisting of cured pork products which have been cooked while imperviously encased. Any product which fits into the Group will be placed in this Group regardless of any other considerations.

(B) Group II, consisting of cured pork products which have been water cooked. Any product which does not fit into Group I but does fit into Group II will be placed into Group II regardless of any other considerations.

(C) Group III, consisting of boneless smokehouse heated cured pork products. Any boneless product that does not fit into Group I or Group II shall be placed in Group III.

(D) Group IV, consisting of bone-in or semi-boneless smokehouse heated cured pork products. Any product that is not completely boneless or still contains all the bone which is traditional for bone-in product, and does not fit into Group I, Group II, or Group III shall be placed in this Group.

(d) A production rate is frequency of production, expressed in days per week.

(e) Protein fat free percentage, protein fat free content, PFF percentage, PFF content or PFF of a product means the meat protein (indigenous to the raw, unprocessed pork cut) content expressed as a percent of the non-fat portion of the finished product.

(2) Normal Compliance Procedures. The Department shall collect samples of cured pork products and analyze them for their PFF content. Analyses shall be conducted in accordance with the “Official Methods of Analysis of the Association of Official Analytical Chemists §§950.46, and 928.08 (Chapter 39). See Subsection 2(a) . The “Official Methods of Analysis of the Association of Official Analytical Chemists,” 15th edition, 1990, is incorporated by reference with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Each analytical result shall be recorded and evaluated to determine whether future sampling of product Groups within a state-inspected establishment shall be periodic or daily under the provisions of subsection (2)(a) of this rule, and if the affected lot and subsequent production of like product shall be Oregon Retained, or administratively seized, embargoed, or detained, as appropriate, as provided in subparagraph (2)(b) of this rule.

(a) A copy of the “Official Methods of Analysis of the Association of Official Analytical Chemists,” 15th edition, 1990, is on file with the Director, Office of the Federal Register, and may be purchased from the Association of Official Analytical Chemists, Inc., 2200 Wilson Boulevard, Suite 400, Arlington, Virginia 22201.

(b) Rules for Rounding:

(A) Laboratory results for percent meat protein and fat will be reported to the second decimal place (hundredths).

(B) PFF and Sample Values for charting purposes will be calculated from the reported laboratory results to the second decimal place. Rounding of calculations to reach two decimal places will be done by the following rule:

(i) All values of five-thousandths (0.005) or more will be rounded up to the next highest hundredth.

(ii) All values of less than five-thousandths (0.005) will be dropped.

(c) For compliance with the Absolute Minimum PFF requirements, the PFF will be rounded to the first decimal place (tenths). Rounding of calculations to reach one decimal place will be done by the following rule:

(A) All PFF values of five-hundredths (0.05) or more will be rounded up to the next highest tenth.

(B) All PFF values of less than five-hundredths (0.05) will be dropped.

(d) For product disposition (pass-fail of a minimum PFF standard for retained product) the average PFF calculation will be rounded to the first decimal place. Individual PFF Values will be calculated to the nearest hundredth as in above. The average, however, will be rounded to the nearest tenth as in above.

(e) Criteria to determine sampling frequency of Product Groups. For each state-inspected establishment preparing cured pork products, Product Groups shall be sampled periodically or daily. Analytical results shall be evaluated, and the sampling frequency determined as follows:

(A) Determine the difference between the individual PFF analysis and the applicable minimum PFF percentage requirement of OAR 603-029-1226 or OAR 603-029-1228. The resulting figure shall be negative when the individual sample result is less than the applicable minimum PFF percentage requirement and shall be positive when the individual sample result is greater than the applicable minimum PFF percentage requirement.

(B) Divide the resulting number by the standard deviation assigned to the Product Group represented by the sample to find the Standardized Difference. The standard deviation assigned to Groups I and II is 0.75 and to Groups III and IV is 0.91.

(D) Use the lesser of 1.90 and the Adjusted Standardized Difference as the Sample Value.

(E) Cumulatively total Sample Values to determine the Group Value. The first Sample Value in a Group shall be the Group Value, and each succeeding Group Value shall be determined by adding the most recent Sample Value to the existing Group Value; provided, however, that in no event shall the Group Value exceed 1.00. When calculation of a Group Value results in a figure greater than 1.00, the Group Value shall be 1.00 and all previous Sample Values shall be ignored in determining future Group Values.

(F) The frequency of sampling of a Group shall be periodic when the Group Value is greater than −1.40 (e.g., −1.39, −1.14, 0, 0.50, etc.) and shall be daily when the Group Value is −1.40 or less (e.g., −1.40, −1.45, −1.50, etc.); provided, however, that once daily sampling has been initiated, it shall continue until the Group Value is 0.00 or greater, and each of the last seven Sample Values is −1.65 or greater (e.g., −1.63, −1.50, etc.), and there is no other product within the affected Group being Oregon Retained as produced, under provisions of subsection (2)(b) or (3).

(f) Criteria for Oregon retention or embargo of cured pork products for further analysis. Cured pork products shall be Oregon Retained or embargoed when prescribed by paragraphs (2)(c) (A) or (B) of this rule as follows:

(A) Absolute Minimum PFF Requirement. In the event that an analysis of an individual sample indicates a PFF content below the applicable minimum requirement of OAR 603-029-1226 or OAR 603-029-1228 by 2.3 or more percentage points for a Group I or II product, or 2.7 or more percentage points for a Group III or IV product, the lot from which the sample was collected shall be Oregon Retained if in a state-inspected establishment and shall be subject to embargo if not in a State-inspected establishment unless returned to a state-inspected establishment and there Oregon Retained. Any subsequently produced lots of like product and any lots of like products for which production dates cannot be established shall be Oregon Retained or subject to embargo. Such embargoed product shall be handled in accordance with OAR 603-029-1500 to 603-029-1520 or shall be returned to a state-inspected establishment and subjected to the provisions of paragraph (3)(a) (A) or (B) of this rule or shall be relabeled in compliance with the applicable standard, under the supervision of a Department employee, at the expense of the product owner. Disposition of such Oregon Retained product shall be in accordance with section (3) of this rule.

(B) Product Value requirement. The Department shall maintain, for each product prepared in a state-inspected establishment, a Product Value. Except as provided in subsection (3)(b) of this rule, calculation of the Product Value and its use to determine if a product shall be Oregon Retained shall be as follows:

(i) Determine the difference between the individual PFF analysis and applicable minimum PFF percentage requirement of OAR 603-029-1226 and OAR 603-029-1228. The resulting figure shall be negative when the individual sample result is less than the applicable minimum PFF percentage requirement and shall be positive when the individual sample result is greater than the applicable minimum PFF percentage requirement.

(ii) Divide the difference determined in subparagraph (2)(b)(B)(i) of this rule by the standard deviation assigned to the product's Group in paragraph (2)(a)(B) of this rule to find the standardized difference.

(iii) Use the lesser of 1.65 and the standardized difference as the Sample Value.

(iv) Cumulatively total Sample Values to determine the Product Value. The first Sample Value of a product shall be the Product Value, and each succeeding Product Value shall be determined by adding the most recent Sample Value to the existing Product Value; provided, however, that in no event shall the Product Value exceed 1.15. When calculation of a Product Value results in a figure greater than 1.15, the Product Value shall be 1.15, and all previous Sample Values shall be ignored in determining future Product Values.

(v) Provided daily group sampling is in effect pursuant to the provisions of subsection (2)(a) of this rule and provided further the Product Value is −1.65 or less (e.g., −1.66), the affected lot (if within the state-inspected establishment) and all subsequent lots of like product prepared by and still within the state-inspected establishment shall be Oregon Retained and further evaluated under section (4) of this rule. Except for release of individual lot pursuant to subsection (4)(a), subsequently produced lots of like product shall continue to be Oregon Retained until discontinued pursuant to subsection (4)(b) of this rule.

(3) Compliance procedure during product retention. When a product lot is Oregon Retained under the provisions of subsection (3)(b) of this rule, the Department shall collect three randomly selected samples from each such lot and analyze them individually for PFF content. The PFF content of the three samples shall be evaluated to determine disposition of the lot as provided in subsection (4)(a) of this rule and the action to be taken on subsequently produced lots of like product as provided in subsection (4)(b) of this rule. If the processor does not wish to have the product evaluated in this manner, alternate sampling plans may be used provided such plans have been formulated by the processor and approved by the Department prior to evaluation by the three-sample criteria, and provided the analyses specified in such plans are performed at the expense of the processor.

(a) A product lot which is Oregon Retained under the provisions of subsection (3)(b) of this rule may be released for entry into commerce provided one of the following conditions is met:

(A) The average PFF content of the three samples randomly selected from the lot is equal to or greater than the applicable minimum PFF percentage required by OAR 603-029-1226 or OAR 603-029-1228. Further processing to remove moisture for the purpose of meeting this provision is permissible. In lieu of further analysis to determine the effects of such processing, each 0.37 percent weight reduction due to moisture loss resulting from the processing may be considered the equivalent of a 0.1 percent PFF gain.

(B) The lot of the product is relabeled to conform to the provisions of OAR 603-029-1226 or OAR 603-029-1228, under the supervision of a Department employee.

(C) The lot is one that has been prepared subsequent to preparation of the lot which, under the provisions of subsection (4)(b) of this rule, resulted in discontinuance of Oregon retention of new lots of like product. Such lot may be released for entry into commerce prior to receipt of analytical results for which sampling has been conducted. Upon receipt of such results, they shall be subjected to the provisions of paragraphs (3)(b)(A) and (4)(b) of this rule.

(b) The PFF content of three randomly selected samples from each Oregon Retained lot shall be used to maintain the Product Value described in paragraph (4)(b)(B). The manner and effect of such maintenance shall be as follows:

(A) Find the average PFF content of the three samples.

(B) Determine the difference between that average and the applicable minimum PFF percentage requirement of OAR 603-029-1226 or OAR 603-029-1228. The resulting figure shall be negative when the average of the sample results is less than the applicable minimum PFF percentage requirement and shall be positive when the average of the sample results is greater than the applicable minimum PFF requirements.

(C) Divide the resulting figure by the standard deviation assigned to the product's Group in paragraph (3)(a)(B) of this rule, to find the standardized difference.

(D) Use the lesser of 1.30 and the standardized difference as the Sample Value.

(E) Add the first Sample Value thus calculated to the latest Product Value calculated under the provisions of paragraph (4)(b)(B) of this rule to find the new Product Value. To find each succeeding Product Value, add the most recent Sample Value to the existing Product Value; provided, however, that in no event shall the Product Value exceed 1.15. When the addition of a Sample Value to an existing Product Value results in a figure greater than 1.15, the Product Value shall be 1.15 and all previous Sample Values shall be ignored in determining future Product Values.

(F) New lots of like product shall continue to be retained pending disposition in accordance with subsection (3)(a) of this rule until, after 5 days of production, the Product Value is 0.00 or greater, and the PFF content of no individual sample from a Oregon Retained lot is less than the Absolute Minimum PFF requirement specified in paragraph (3)(b)(A) of this rule. Should an individual sample fail to meet its Absolute Minimum PFF requirement, the 5-day count shall begin anew.

(G) When Oregon Retention of new lots is discontinued under the above provisions, maintenance of the Product Value shall revert to the provisions of paragraph (3)(b)(B) of this rule.

(c) For purposes of this rule, the plant owner or operator shall have the option of temporarily removing a product from its Product Group, provided product lots are being Oregon Retained, as produced, and provided further that the average production rate of the product, over the 8-week period preceding the week in which the first Oregon Retained lot was prepared, is not greater than 20 percent of the production rate of its Group. When a product is thus removed from its Group, analytical results of product samples shall not cause daily sampling of the Group. When pursuant to paragraph (4)(b)(F) of this rule, new lots of the product are no longer being Oregon Retained, the product shall again be considered with its Group.

(4) Adulterated and misbranded products. Products not meeting specified PFF requirements, determined according to procedures set forth in this rule, may be deemed adulterated and misbranded.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1175 Use of Animal Drugs

Animal drug residues are permitted in meat and meat products if such residues are from drugs which have been approved by the Food and Drug Administration and any such drug residues are within tolerance levels approved by the Food and Drug Administration under 21 CFR Part 556, unless otherwise determined by the Department and listed herein.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1180 Determination of Added Water in Cooked Sausages

(1) For purposes of this rule, the following definitions apply.

(a) Cooked sausage. Cooked sausage is any product described in OAR 603-029-1234 and OAR 603-029-1248 to 603-029-1252.

(b) Group 1 Protein-Contributing Ingredients. Ingredients of meat animal or poultry origin from muscle tissue which is skeletal or which is found in the edible organs, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing; meat byproducts; mechanically separated (species); and poultry products; except those ingredients processed by hydrolysis, extraction, concentrating or drying.

(c) Group 2 Protein-Contributing Ingredients. Ingredients from Group 1 protein-contributing ingredients processed by hydrolysis, extraction, concentrating, or drying, or any other ingredient which contributes protein.

(2) The amount of added water in cooked sausage is calculated by:

(a) Determining by laboratory analysis the total percentage of water contained in the cooked sausage; and

(b) Determining by laboratory analysis the total percentage of protein contained in the cooked sausage; and

(c) Calculating the percentage of protein in the cooked sausage contributed by the Group 2 protein-contributing ingredients; and

(d) Subtracting one percent from the total percentage of protein calculated in (2)(c)); and

(e) Subtracting the remaining percentage of protein calculated in (2)(c) from the total protein content determined in (2)(b); and

(f) Calculating the percentage of indigenous water in the cooked sausage by multiplying the percentage of protein determined in (2)(e) by 4, (This amount is the percentage of water attributable to Group 1 protein-contributing ingredients and one percent of Group 2 protein-contributing ingredients in a cooked sausage.); and

(g) Subtracting the percentage of water calculated in (2)(f) from the total percentage of water determined in (2)(a). (This amount is the percentage of added water in a cooked sausage.)

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1185 Heat-Processing and Stabilization Requirements for Uncured Meat Patties

(1) Definitions. For purposes of this rule, the following definitions shall apply:

(a) Patty. A shaped and formed, comminuted, flattened cake of meat product.

(b) Comminuted. A processing term describing the reduction in size of pieces of meat, including chopping, flaking, grinding, or mincing, but not including chunking or sectioning.

(c) Partially-cooked patties. Meat patties that have been heat processed for less time or using lower internal temperatures than are prescribed by subsection (2)(a) of this rule.

(d) Char-marked patties. Meat patties that have been marked by a heat source and that have been heat processed for less time or using lower internal temperatures than are prescribed by subsection (2)(a) of this rule.

(2) Heat-processing procedures for fully-cooked patties.

(a) State-inspected establishments which manufacture fully-cooked patties shall use one of the following heat-processing procedures: [Table 1, 603-029-1185]

(b) The state-inspected establishment shall measure the holding time and temperature of at least one fully-cooked patty from each production line each hour of production to assure control of the heat process. The temperature measuring device shall be accurate within 1 degree F.

(A) If for any reason a heating deviation has occurred, the state-inspected establishment shall investigate and identify the cause; take steps to assure that the deviation will not recur; and place on file in the state-inspected establishment, available to any duly authorized Department employee, a report of the investigation, the cause of the deviation, and the steps taken to prevent recurrence.

(B) In addition, in the case of a heating deviation, the state-inspected establishment may reprocess the affected product, using one of the methods in subsection (2)(a) in this rule; use the affected product as an ingredient in another product processed to one of the temperature and time combinations in subsection (2)(a) in this rule, provided this does not violate the final product’s standard of composition, upset the order of predominance of ingredients, or perceptibly affect the normal product characteristics; or relabel the affected product as a partially-cooked patty product, if it meets the stabilization requirements in section (3) of this rule.

(3) Stabilization. (1) Fully cooked, partially cooked, and char-marked meat patties must be produced using processes ensuring no multiplication of toxigenic microorganisms such as Clostridium botulinum, and no more than a 1 log10 multiplication of Clostridium perfringens, within the product.

(b) For each meat patty product produced using a stabilization process other than one conducted in accordance with the Hazard Analysis and Critical Control Point (HACCP) system requirements in OAR 603-029-2200 to 603-029-2235, a state-inspected establishment must develop and have on file, available to the Department, a process schedule, as defined in OAR 603-029-0010. Each process schedule must be approved in writing by a process authority for safety and efficacy in meeting the performance standards established for the product in question. A process authority must have access to a state-inspected establishment in order to evaluate and approve the safety and efficacy of each process schedule.

(c) Under the auspices of a processing authority, a state-inspected establishment must validate new or altered process schedules by scientifically supportable means, such as information gleaned from the literature or by challenge studies conducted outside the plant.

(d) Partially cooked patties must bear the labeling statement “Partially cooked: For Safety Cook Until Well Done (Internal Meat Temperature 160 degrees F.).” The labeling statement must be adjacent to the product name, and prominently placed with such conspicuousness (as compared with other words, statements, designs or devices in the labeling) as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(e) Char-marked patties must bear the labeling statement “Uncooked, Char-marked: For Safety, Cook Until Well Done (Internal Meat Temperature 160 degrees F.).” The labeling statement shall be adjacent to the product name, at least one-half the size of the largest letter in the product name, and prominently placed with such conspicuousness (as compared with other words, statements, designs or devices in the labeling) as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1190 Product Prepared Using Advanced Meat/Bone Separation Machinery; Process Control

(1) General. Meat may be derived by mechanically separating skeletal muscle tissue from the bones of meat animals, other than skulls or vertebral column bones of cattle 30 months of age and older as provided in OAR 603-029-0540, using advances in mechanical meat/bone separation machinery (i.e., AMR systems) that, in accordance with this rule, recover meat—

(a) Without significant incorporation of bone solids or bone marrow as measured by the presence of calcium and iron in excess of the requirements in this rule, and

(b) Without the presence of any brain, trigeminal ganglia, spinal cord, or dorsal root ganglia (DRG).

(2) Process control. As a prerequisite to labeling or using product as meat derived by the mechanical separation of skeletal muscle tissue from meat animal bones, the operator of a state-inspected establishment must develop, implement, and maintain procedures that ensure that the state-inspected establishment's production process is in control.

(a) The production process is not in control if the skulls entering the AMR system contain any brain or trigeminal ganglia tissue, if the vertebral column bones entering the AMR system contain any spinal cord, if the recovered product fails otherwise under any provision of subsection (3)(a), if the product is not properly labeled under the provisions of subsection (3)(b), or if the spent bone materials are not properly handled under the provisions of subsection (3)(c) of this rule.

(b) The state-inspected establishment must document its production process controls in writing. The program must be designed to ensure the on-going effectiveness of the process controls. If the state-inspected establishment processes cattle, the program must be in its HACCP plan, its Sanitation SOP, or other prerequisite program. The program shall describe the on-going verification activities that will be performed, including the observation of the bones entering the AMR system for brain, trigeminal ganglia, and spinal cord; the testing of the product exiting the AMR system for bone solids, bone marrow, spinal cord, and DRG as prescribed in subsection (3)(a) of this rule; the use of the product and spent bone materials exiting the AMR system; and the frequency with which these activities will be performed.

(c) The state-inspected establishment shall maintain records on a daily basis sufficient to document the implementation and verification of its production process.

(d) The state-inspected establishment shall make available to Department personnel the documentation described in subsections (2)(b) and (2)(c) of this rule and any other data generated using these procedures.

(3) Noncomplying product.

(a) Notwithstanding any other provision of this rule, product that is recovered using advanced meat/bone separation machinery is not meat under any one or more of the following circumstances:

(A) Bone solids. The product's calcium content, measured by individual samples and rounded to the nearest 10th, is more than 130.0 mg per 100 g.

(B) Bone marrow. The product's added iron content, measured by duplicate analyses on individual samples and rounded to the nearest 10th, is more than 3.5 mg per 100 g.

(D) Spinal cord. Vertebral column bones that enter the AMR system have tissues of spinal cord, or the product that exits the AMR system contains spinal cord.

(E) DRG. The product that exits the AMR system contains DRG.

(b) If product that may not be labeled or used as “meat” under this rule meets the requirements of OAR 603-029-1204, it may bear the name “Mechanically Separated (Species)” except as follows:

(A) If skulls or vertebral column bones of cattle younger than 30 months of age that enter the AMR system have tissues of brain, trigeminal ganglia, or spinal cord, the product that exits the AMR system shall not be used as an ingredient of a meat product.

(B) If product that exits the AMR system contains spinal cord or DRG from bones of cattle younger than 30 months of age, it shall not be used as an ingredient of a meat product.

(C) If product derived from any bones of cattle of any age does not comply with (3)(a)(A) or (B), it may bear a common or usual name that is not false or misleading, except that the product may not bear the name “Mechanically Separated (Beef).”

(c) Spent skulls or vertebral column bone materials from cattle younger than 30 months of age that exit the AMR system shall not be used as an ingredient of a meat product.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1200 Labeling and Preparation of Standardized Products

(1) Labels for products for which standards of identity or composition are prescribed in OAR 603-029-1200 to 603-029-1299 shall show the appropriate product name, an ingredient statement, and other label information in accordance with the special provisions, if any, in OAR 603-029-1200 to 603-029-1299, and otherwise in accordance with the general labeling provisions in OAR 603-029-1026 to 603-029-1060, and such products shall be prepared in accordance with the special provisions, if any, in this OAR 603-029-1200 to 603-029-1299 and otherwise in accordance with the general provisions in this Division 29. Any product for which there is a common or usual name must consist of ingredients and be prepared by the use of procedures common or usual to such products insofar as specific ingredients or procedures are not prescribed or prohibited by the provisions of this Division 29.

(2) Any binder or antimicrobial agent that has been found to be safe and suitable by the Food and Drug Administration and the Food Safety and Inspection Service may be used in the production of meat products with standards of identity in this OAR 603-029-1200 to 603-029-1299, where the product standards and applicable rules already permit the use of these types of ingredients.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1202 Products and Nitrates and Nitrites

Any product, such as frankfurters and corned beef, for which there is a standard in OAR 603-029-1200 to 603-029-1299 and to which nitrate or nitrite is permitted or required to be added, may be prepared without nitrate or nitrite and labeled with such standard name when immediately preceded with the term “Uncured” in the same size and style of lettering as the rest of such standard name: Provided, That the product is found by the Department to be similar in size, flavor, consistency, and general appearance to such product as commonly prepared with nitrate and nitrite: And provided further, That labeling for such product complies with the provisions of OAR 603-029-1022(3).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1204 Mechanically Separated (Species)

(1) Mechanically Separated (Species) is any finely comminuted product resulting from the mechanical separation and removal of most of the bone from attached skeletal muscle of meat animal carcasses and parts of carcasses and meeting the other provisions of this section. Examples of such product are “Mechanically Separated Beef”, “Mechanically Separated Veal”, “Mechanically Separated Pork”, and “Mechanically Separated Lamb”. At least 98 percent of the bone particles present in such product shall have a maximum size no greater than 0.5 millimeter in their greatest dimension and there shall be no bone particles larger than 0.85 millimeter in their greatest dimension. The product resulting from the separating process shall not have a calcium content exceeding 0.75 percent, as a measure of a bone solids content of not more than 3 percent, and shall have a minimum PER of 2.5 (except as modified in section (5)(a) of this rule). Such product also shall have a protein content of not less than 14 percent and a fat content of not more than 30 percent, or it shall be deemed to be product for processing. Such product failing to meet the bone particle size, calcium, or PER requirements of this section shall only be used in producing animal fats. Where such product meets the bone particle size, calcium, and PER requirements of this section, it may also be used in the formulation of meat products in accordance with OAR 603-029-1206.

(2) Mechanically Separated (Beef) is inedible and prohibited for use as human food.

(3)(a) An essential amino acid content of at least 33 percent of the total amino acids presents in “Mechanically Separated (Species)” shall be accepted as evidence of compliance with the protein quality requirement set forth in section (1) of this rule. For purposes of this section, essential amino acid content includes isoleucine, leucine, lysine, methionine, phenylalanine, threonine, and valine content, and the total amino acids present include isoleucine, leucine, lysine, methionine, phenylalanine, threonine, valine, tyrosine, arginine, histidine, alanine, aspartic acid, glutamic acid, glycine, proline, serine, and hydroxyproline content.

(b) Analytical methods used by establishments in verifying the fat, protein, and calcium content of product consisting of or containing Mechanically Separated (Species) shall be among those listed in “Official Methods of Analysis of the Association of Official Analytical Chemists (AOAC),” 16th edition, 1995, §§960.39, 976.21, 928.08 (Chapter 39), and 940.33 (Chapter 45), which is incorporated by reference, or, if no AOAC method is available, in the “Chemistry Laboratory Guidebook,” U.S. Department of Agriculture, Washington, D.C., March 1986 edition, sections 6.011-6.013, Revised June 1987 (pages 6-35 through 6-65), or by appropriate methods validated by scientific bodies in collaborative trials. The “Official Methods of Analysis of the Association of Official Analytical Chemists,” Chapter 39 and Chapter 45, subsection 45.2.06 (AOAC Official Method 940.33), 16th edition, 1995, are incorporated by reference with the approval of the Department.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1206 Limitations with Respect to use of Mechanically Separated (Species)

(1) Meat products required to be prepared from one species shall not contain Mechanically Separated (Species) of any other species.

(2) Mechanically Separated (Species) described in OAR 603-029-1204 that has a protein content of not less than 14 percent and a fat content of not more than 30 percent may constitute up to 20 percent of the meat animal and poultry product portion of any meat product except those listed in section (4) of this rule.

(3) Mechanically Separated (Species) for processing described in OAR 603-029-1204 may constitute up to 20 percent of the meat animal and poultry product portion of any meat product that is subject to a definition and standard of identity or composition in OAR 603-029-1200 to 603-029-1299 which establishes a maximum limit on the fat content of such meat product except those listed in section (4) of this rule.

(4) Mechanically Separated (Species) and Mechanically Separated (Species) for processing described in OAR 603-029-1204 shall not be used in baby, junior, or toddler foods, ground beef, hamburger, fabricated steaks (OAR 603-029-1210(1), (2), and (4)), barbecued meats (OAR 603-029-1214), roast beef-parboiled and steam roasted (OAR 603-029-1216), corned (cured) beef cuts (OAR 603-029-1218 to 603-029-1224), certain cured pork products (OAR 603-029-1226 (1) to (5) and 603-029-1230), tripe with milk (OAR 603-029-1278), lima beans with ham and similar products (OAR 603-029-1282), beef with gravy and gravy with beef (OAR 603-029-1287), and meat pies (OAR 603-029-1288).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1208 Requirements for Substitute Standardized Meat Products Named by use of an Expressed Nutrient Content Claim and a Standardized Term

(1) Description. The meat products prescribed by this general definition and standard of identity are those products that substitute, in accordance with OAR 603-029-1038(4), for a standardized product defined in OAR 603-029-1200 to 603-029-1299 and use the name of that standardized product in their statements of identity, but that do not comply with the established standard because of a compositional deviation that results from reduction of a constituent that is described by an expressed nutrient content claim that has been defined by rule in OAR 603-029-1026 to 603-029-1060. The expressed nutrient content claim shall comply with the requirements of OAR 603-029-1038 and with the requirements of OAR 603-029-1026 to 603-029-1060 which define the particular nutrient content claim that is used. The meat product shall comply with the relevant standard in OAR 603-029-1200 to 603-029-1299 in all other respects, except as provided in sections (2) and (3) of this rule.

(2) Performance characteristics. The performance characteristics, such as physical properties, functional properties, and shelf-life, of the meat product shall be similar to those of the standardized meat product produced under OAR 603-029-1200 to 603-029-1299. If there is a significant difference in a performance characteristic that materially limits the use of the product compared to the use of the standardized product defined in OAR 603-029-1200 to 603-029-1299, the label shall include a statement in accordance with OAR 603-029-1038(4)(a) and (b) that informs the consumer of such differences (e.g., if appropriate, “not recommended for frozen storage” or “not suitable for roller grilling”). Deviations from the ingredient provisions of the standard must be the minimum necessary to qualify for the nutrient content claim, while maintaining similar performance characteristics.

(3) Ingredients used in substitute products.

(a) Ingredients used in the product shall be those ingredients provided for in the standard as defined in OAR 603-029-1200 to 603-029-1299, except that safe and suitable ingredients permitted for use in meat products as provided in a rule permitting that use in this Division 29, or in 21 CFR Chapter I, Subchapter A or Subchapter B, may be used at the minimum level necessary to improve texture and prevent syneresis, so that the substitute product is not inferior in performance characteristics from the standardized product defined in OAR 603-029-1200 to 603-029-1299 for which it is a substitute.

(b) An ingredient that is specifically required by the standard prescribed in OAR 603-029-1200 to 603-029-1299 shall not be replaced or exchanged with a similar ingredient from another source, for example, turnip chunks shall not replace potatoes in corned beef hash.

(c) An ingredient that is specifically prohibited from use in any meat product by OAR 603-029-1200 to 603-029-1299 shall not be added to the substitute meat product under this rule.

(d) Unless otherwise specified in OAR 603-029-1200 to 603-029-1299, a substitute meat product must meet all other requirements of the applicable standards of identity or composition.

(e) Water and fat-replacers (e.g., binders), in combination, may be added to replace fat in accordance with section (3) of this rule.

(f) Textured vegetable protein may be used by itself or in combination with other binders and water as a fat replacer in accordance with section (3) of this rule.

(4) Nomenclature. The name of a substitute meat product that complies with all sections of this rule is the appropriate expressed nutrient content claim and the applicable standardized term.

(5) Label declaration.

(a) Each of the ingredients used in the substitute meat product shall be declared on the label as required by this rule and OAR 603-029-1026 to 603-029-1060.

(b) Ingredients not provided for, and ingredients used in excess of those levels provided for, by the standard as defined in OAR 603-029-1200 to 603-029-1299, shall be identified as such with an asterisk in the ingredients statement. The statement “*Ingredients not in regular ____” (the blank shall be filled in with the name of the traditional standardized product) or “**Ingredients in excess of amounts permitted in regular ____” (the blank shall be filled in with the name of the traditional standardized product), or both, as appropriate, shall immediately follow the ingredients statement in the same type and size.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1210 Miscellaneous Beef Products

(1) Chopped beef, ground beef. “Chopped Beef” or “Ground Beef” shall consist of chopped fresh and/or frozen beef with or without seasoning and without the addition of beef fat as such, shall not contain more than 30 percent fat, and shall not contain added water, phosphates, binders, or extenders. When beef cheek meat (trimmed beef cheeks) is used in the preparation of chopped or ground beef, the amount of such cheek meat shall be limited to 25 percent; and if in excess of natural proportions, its presence shall be declared on the label, in the ingredient statement required by OAR 603-029-1004, if any, and otherwise contiguous to the name of the product.

(2) Hamburger. “Hamburger” shall consist of chopped fresh and/or frozen beef with or without the addition of beef fat as such and/or seasoning, shall not contain more than 30 percent fat, and shall not contain added water, phosphates, binders, or extenders. Beef cheek meat (trimmed beef cheeks) may be used in the preparation of hamburger only in accordance with the conditions prescribed in section (1) of this rule.

(3) Beef patties. “Beef Patties” shall consist of chopped fresh and/or frozen beef with or without the addition of beef fat as such and/or seasonings. Binders or extenders, Mechanically Separated (Species) used in accordance with OAR 603-029-1206, and/or partially defatted beef fatty tissue may be used without added water or with added water only in amounts such that the product characteristics are essentially that of a meat pattie.

(4) Fabricated steak. Fabricated beef steaks, veal steaks, beef and veal steaks, or veal and beef steaks, and similar products, such as those labeled “Beef Steak, Chopped, Shaped, Frozen,” “Minute Steak, Formed, Wafer Sliced, Frozen,” “Veal Steaks, Beef Added, Chopped—Molded—Cubed—Frozen, Hydrolyzed Plant Protein, and Flavoring” shall be prepared by comminuting and forming the product from fresh and/or frozen meat, with or without added fat, of the species indicated on the label. Such products shall not contain more than 30 percent fat and shall not contain added water or extenders. Transglutaminase enzyme at levels of up to 65 ppm may be used as a binder. Beef cheek meat (trimmed beef cheeks) may be used in the preparation of fabricated beef steaks only in accordance with the conditions prescribed in section (1) of this rule.

(5) Partially defatted beef fatty tissue. “Partially Defatted Beef Fatty Tissue” is a beef byproduct derived from the low temperature rendering (not exceeding 120°F.) of fresh beef fatty tissue. Such product shall have a pinkish color and a fresh odor and appearance.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1212 Miscellaneous Pork Products

Partially defatted pork fatty tissue. “Partially Defatted Pork Fatty Tissue” is a pork byproduct derived from the low temperature rendering (not exceeding 120°F.) of fresh pork fatty tissue, exclusive of skin. Such product shall have a pinkish color and a fresh odor and appearance.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1214 Barbecued Meats

Barbecued meats, such as product labeled “Beef Barbecue” or “Barbecued Pork,” shall be cooked by the direct action of dry heat resulting from the burning of hard wood or the hot coals therefrom for a sufficient period to assume the usual characteristics of a barbecued article, which include the formation of a brown crust on the surface and the rendering of surface fat. The product may be basted with a sauce during the cooking process. The weight of barbecued meat shall not exceed 70 percent of the weight of the fresh uncooked meat.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1216 Roast Beef Parboiled and Steam Roasted

“Roast Beef Parboiled and Steam Roasted” shall be prepared so that the weight of the finished product, excluding salt and flavoring material, shall not exceed 70 percent of the fresh beef weight. Transglutaminase enzyme at levels of up to 65 ppm may be used as a binder in such product. Beef cheek meat and beef head meat from which the overlying glandular and connective tissues have been removed, and beef heart meat, exclusive of the heart cap may be used individually or collectively to the extent of 5 percent of the meat ingredients in the preparation of canned product labeled “Roast Beef Parboiled and Steam Roasted.” When beef cheek meat, beef head meat, or beef heart meat is used in the preparation of this product, its presence shall be reflected in the statement of ingredients required by OAR 603-029-1026 to 603-029-1060.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1218 Corned Beef

“Corned Beef” shall be prepared from beef briskets, navels, clods, middle ribs, rounds, rumps, or similar cuts using one or a combination of the curing ingredients specified in a rule permitting that use in this Division 29, or in 21 CFR chapter I, subchapter A or subchapter B. Canned product labeled “Corned Beef” shall be prepared so that the weight of the finished product, excluding cure, salt, and flavoring material, shall not exceed 70 percent of the fresh beef weight. Corned beef other than canned shall be cured in pieces weighing not less than 1 pound, and if cooked, its weight shall not exceed the weight of the fresh uncured beef. Beef cheek meat, beef head meat and beef heart meat may be used to the extent of 5 percent of the meat ingredient in preparation of this product when trimmed as specified in OAR 603-029-1216. When beef cheek meat, beef head meat, or beef heart meat is used in preparation of this product, its presence shall be reflected in the statement of ingredients required by OAR 603-029-1026 to 603-029-1060. The application of curing solution to beef cuts, other than briskets, which are intended for bulk corned beef shall not result in an increase in the weight of the finished cured product of more than 10 percent over the weight of the fresh uncured meat.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1220 Corned Beef Brisket

In preparing “Corned Beef Brisket,” the application of curing solution to the beef brisket shall not result in an increase in the weight of the finished cured product of more than 20 percent over the weight of the fresh uncured brisket. If the product is cooked, the weight of the finished product shall not exceed the weight of the fresh uncured brisket.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1222 Corned Beef Round and Other Corned Beef Cuts

In preparing “Corned Beef Round” and other corned beef cuts, except “Corned Beef Briskets,” the curing solution shall be applied to pieces of beef weighing not less than one pound and such application shall not result in an increased weight of the cured beef product of more than 10 percent over the weight of the fresh uncured beef cut. If the product is cooked, the weight of the finished product shall not exceed the weight of the fresh uncured beef cut.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1224 Cured Beef Tongue

In preparing “Cured Beef Tongue,” the application of curing solution to the fresh beef tongue shall not result in an increase in the weight of the cured beef tongue of more than 10 percent over the weight of the fresh uncured beef tongue.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1226 Cured Pork Products

(1) Cured pork products, including hams, shoulders, picnics, butts and loins, shall comply with the minimum meat Protein Fat Free (PFF) percentage requirements set forth in the following chart: [Table 1, 603-029-1226]

(2) Cured pork products for which there is a qualifying statement required in section (1) of this rule shall bear that statement as part of the product name in lettering not less than 3⁄8 inch in height, or in lettering not less than one-third the size of the largest letter in the product name if it is in the same color and style of print and on the same color background as the product name. However, the Department may approve smaller lettering for labeling of packages of 1 pound or less, provided such lettering is at least one-third the size and of the same color and style as the product name.

(3) Cured pork product prepared pursuant to this rule shall be subject to the compliance procedures in OAR 603-029-1170.

(4) The binders provided for use in cured pork products in a rule in this Division 29, or in 21 CFR chapter I, subchapter A or subchapter B, may be used singly in those cured pork products labeled as “Ham Water Added,” “Ham and Water Product-X% of Weight is Added Ingredients,” and “Ham with Natural Juices.” In addition to the binders referred to in the preceding sentence, the following substances are permitted for use as binders and may be used singly in those cured pork products labeled as “Ham Water Added,” “Ham and Water Product-X% of Weight is Added Ingredients,” and “Ham with Natural Juices”: pork collagen at up to 3.5% of the product formulation. Unless their use is provided for in a rule in this Division 29, or in 21 CFR chapter I, subchapter A or subchapter B, or in this section, these binders are not permitted to be used in combination with another such binder listed for use in cured pork products. When any such substance is added to these products, the substance shall be declared in the ingredients statement by its common or usual name in order of predominance.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1228 “Ham Patties,” “Chopped Ham,” “Pressed Ham,” “Spiced Ham,” and Similar Products

(1) Finely divided (chopped, ground, flaked, chipped) cured ham products such as “Ham patties,” “Chopped ham,” “Pressed ham,” and “Spiced ham” shall comply with minimum meat Protein Fat Free (PFF) percentage requirements set forth in the following chart: [Table 1, 603-029-1228]

(2) Cured pork products prepared under this rule except “Ham patties” may contain finely chopped ham shank meat to the extent of 25 percent over that normally present in boneless ham. Mechanically Separated (Species) Product may be used in accordance with OAR 603-029-1206.

(3) Cured pork product prepared pursuant to this rule shall be subject to the compliance procedures in OAR 603-029-1170, and those cured pork products prepared under this rule for which there is a qualifying statement required shall comply with the requirements of OAR 603-029-1226(2).

(4) In addition to the other requirements of this rule, “Ham Patties” may not contain more than 35 percent fat, by analysis.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1230 “Country Ham,” “Country Style Ham,” “Dry Cured Ham,” “Country Pork Shoulder,” “Country Style Pork Shoulder,” and “Dry Cured Pork Shoulder”

(1) “Country Ham,” “Country Style Ham,” or “Dry Cured Ham,” and “Country Pork Shoulder,” “Country Style Pork Shoulder,” or “Dry Cured Pork Shoulder.” are the uncooked, cured, dried, smoked or unsmoked meat products made respectively from a single piece of meat conforming to the definition of “ham,” as specified in OAR 603-029-1010(2)(o), or from a single piece of meat from a pork shoulder. They are prepared in accordance with section (3) of this rule by the dry application of salt (NaCl), or by the dry application of salt (NaCl) and one or more of the optional ingredients as specified in section (4) of this rule. They may not be injected with curing solutions nor placed in curing solutions.

(2)(a) The entire exterior of the ham or pork shoulder shall be coated by the dry application of salt or by the dry application of salt combined with other ingredients as permitted in section (4) of this rule.

(b) Additional salt, or salt mixed with other permitted ingredients, may be reapplied to the product as necessary to insure complete penetration.

(c) When sodium or potassium nitrate, or sodium or potassium nitrite, or a combination thereof, is used, the application of salt shall be in sufficient quantity to ensure that the finished product has an internal salt content of at least 4 percent.

(d) When no sodium nitrate, potassium nitrate, sodium nitrite, potassium nitrite or a combination thereof is used, the application of salt shall be in sufficient quantity to ensure that the finished product has a brine concentration of not less than 10 percent or a water activity of not more than 0.92.

(e) [Reserved]

(f) [Reserved]

(g) The weight of the finished hams and pork shoulders covered in this rule shall be at least 18 percent less than the fresh uncured weight of the article.

(3) The optional ingredients for products covered in this rule are:

(a) Nutritive sweeteners, spices, seasonings and flavorings.

(b) Sodium or potassium nitrate and sodium or potassium nitrite if used as prescribed in this rule and in accordance with a rule permitting that use in this Division 29, or in 21 CFR Chapter I, Subchapter A or Subchapter B.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1232 Bacon

The weight of cured pork bellies ready for slicing and labeling as “Bacon” shall not exceed the weight of the fresh uncured pork bellies.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1234 Sausage

Except as otherwise provided in this rule, or under the Poultry Products Inspection Act with respect to products consisting partly of poultry, sausage is the coarse or finely comminuted meat product prepared from one or more kinds of meat or meat and meat byproducts, containing various amounts of water as provided for elsewhere in OAR 603-029-1200 to 603-029-1299, and usually seasoned with condimented proportions of condimental substances, and frequently cured. Certain sausage as provided for elsewhere in OAR 603-029-1200 to 603-029-1299 may contain binders and extenders as provided in a rule permitting that use in this Division 29 , or in 21 CFR chapter I, subchapter A or subchapter B. In addition to the binders and extenders referred to in the preceding sentence, the following two substances may also be used as binders in those sausages in which the use of such class of substances is permitted: pork collagen at up to 3.5% of the product formulation and transglutaminase enzyme at up to 65 ppm of the product formulation. Sausage may not contain phosphates except that phosphates listed in a rule permitting that use in this Division 29, or in 21 CFR chapter I, subchapter A or subchapter B may be used in cooked sausage. To facilitate chopping or mixing or to dissolve the usual curing ingredients, water or ice may be used in the preparation of sausage which is not cooked in an amount not to exceed 3 percent of the total ingredients in the formula. Cooked sausages such as Polish sausage, cotto salami, braunschweiger, liver sausage, and similar cooked sausage products may contain no more than 10 percent of added water in the finished product. Sausage may contain Mechanically Separated (Species) used in accordance with OAR 603-029-1206.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1236 Fresh Pork Sausage

“Fresh Pork Sausage” is sausage prepared with fresh pork or frozen pork or both, but not including pork byproducts, and may contain Mechanically Separated (Species) in accordance with OAR 603-029-1206, and may be seasoned with condimental substances as permitted under OAR 603-029-1100 to 603-029-1190. The finished product shall not contain more than 50 percent fat. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed 3 percent of the total ingredients used.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1238 Fresh Beef Sausage

“Fresh Beef Sausage” is sausage prepared with fresh beef or frozen beef, or both, but not including beef byproducts, and may contain Mechanically Separated (Species) used in accordance with OAR 603-029-1206 and may be seasoned with condimental substances as permitted under OAR 603-029-1100 to 603-029-1190. The finished product shall not contain more than 30 percent fat. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed 3 percent of the total ingredients used.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1240 Breakfast Sausage

“Breakfast sausage” is sausage prepared with fresh and/or frozen meat; or fresh and/or frozen meat and meat byproducts and may contain Mechanically Separated (Species) in accordance with OAR 603-029-1206 and may be seasoned with condimental substances as permitted in OAR 603-029-1100 to 603-029-1190. The finished product shall not contain more than 50 percent fat. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed 3 percent of the total ingredients used. Binders or extenders may be added as provided in OAR 603-029-1234.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1242 Whole Hog Sausage

“Whole Hog Sausage” is sausage prepared with fresh and/or frozen meat from swine in such proportions as are normal to a single animal and may include any Mechanically Separated (Species) produced from the animal and used in accordance with OAR 603-029-1206 and may be seasoned with condimental substances as permitted under OAR 603-029-1100 to 603-029-1190. The finished product shall not contain more than 50 percent fat. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed 3 percent of the total ingredients used.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1244 Italian Sausage Products

(1) Italian sausage products are cured or uncured sausages containing at least 85 percent meat, or combination of meat and fat, with the total fat content constituting not more than 35 percent of the finished product. Such products shall be prepared in accordance with the provisions of section (1) (a), (b) or (c) of this section, and shall contain salt, pepper, and either fennel or anise, or a combination of fennel and anise. Such products may contain any or all of the optional ingredients listed in section (2) of this rule.

(a) “Italian Sausage” shall be prepared with fresh or frozen pork, or pork and pork fat, and may contain Mechanically Separated (Species) in accordance with OAR 603-029-1206.

(b) “Italian Sausage with Beef,” “Italian Sausage with Veal,” or “Italian Sausage with Beef and Veal,” shall be prepared so that fresh or frozen pork constitutes the major portion of the meat content requirement of this section. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206.

(c) “Italian Beef Sausage” or “Kosher Italian Beef Sausage” shall be prepared with fresh or frozen beef or beef and beef fat. “Italian Veal Sausage” or “Kosher Italian Veal Sausage” shall be prepared with fresh or frozen veal or veal and veal fat. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206.

(d) Italian sausage products made in conformance with the provisions of sections (1) (a), (b), and (c) of this rule, and with sections (2) and (3) of this rule, may contain sodium nitrite or potassium nitrite in amounts not to exceed those allowed in a rule permitting that use in this Division 29, or in 21 CFR chapter I, subchapter A or subchapter B, provided that such products are labeled with the word “cured” in the product name, such as “Cured Italian Sausage.” The word “cured” shall be displayed on the product label in the same size and style of lettering as other words in the product name.

(2) Optional ingredients permitted in Italian sausage products include:

(a) Spices (including paprika) and flavorings.

(b) Water or ice to facilitate chopping or mixing, but not to exceed 3 percent of the total weight of all ingredients including the water.

(d) Dehydrated or fresh onions, garlic, and parsley.

(e) Sugar, dextrose, corn syrup, corn syrup solids, and glucose syrup.

(f) Monosodium glutamate and antioxidants in accordance with the chart of substances a rule permitting that use in this Division 29, or in 21 CFR chapter I, subchapter A or subchapter B.

(3) If Italian sausage products are cooked or smoked, determination of compliance with the provisions of sections (1) and (2) of this rule shall be based on the uncooked or unsmoked product. The product before cooking or smoking shall contain no more than 3 percent water as specified in section (2)(b) of this rule. Product which is cooked shall be labeled with the word “cooked” in the product name, such as “Cooked Italian Sausage” or “Cooked Cured Italian Sausage.” Product which is smoked shall be labeled with the word “smoked” in the product name, such as “Smoked Italian Sausage” or “Smoked Cured Italian Sausage.” The words “cooked” and “smoked” shall be displayed on the product label in the same size and style of lettering as other words in the product name.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1246 Smoked Pork Sausage

“Smoked Pork Sausage” is pork sausage that is smoked with hardwood or other approved nonresinous materials. It may be seasoned with condimental substances as permitted in OAR 603-029-1100 to 603-029-1190. The finished product shall not contain more than 50 percent fat. To facilitate chopping or mixing, water, or ice may be used in an amount not to exceed 3 percent of the total ingredients used.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1248 Frankfurter, Frank, Furter, Hotdog, Weiner, Vienna, Bologna, Garlic Bologna, Knockwurst, and Similar Products

(1) Frankfurter, frank, furter, hot-dog, wiener, vienna, bologna, garlic bologna, knockwurst and similar cooked sausages are comminuted, semisolid sausages prepared from one or more kinds of raw skeletal muscle meat or raw skeletal muscle meat and raw or cooked poultry meat, and seasoned and cured, using one or more of the curing agents in accordance with a rule permitting that use in this Division 29, or in 21 CFR chapter I, subchapter A or subchapter B. They may or may not be smoked. The finished products shall not contain more than 30 percent fat. Water or ice, or both, may be used to facilitate chopping or mixing or to dissolve the curing ingredients but the sausage shall contain no more than 40 percent of a combination of fat and added water. These sausage products may contain only phosphates approved under OAR 603-029-1100 to 603-029-1190. Such products may contain raw or cooked poultry meat and/or Mechanically Separated (Kind of Poultry) without skin and without kidneys and sex glands used in accordance with 9 CFR 381.174, not in excess of 15 percent of the total ingredients, excluding water, in the sausage, and Mechanically Separated (Species) used in accordance with OAR 603-029-1206. Such poultry meat ingredients shall be designated in the ingredient statement on the label of such sausage in accordance with the provisions of 9 CFR 381.118.

(2) Frankfurter, frank, furter, hot-dog, wiener, vienna, bologna, garlic bologna, knockwurst and similar cooked sausages that are labeled with the phrase “with byproducts” or “with variety meats” in the product name are comminuted, semisolid sausages consisting of not less than 15 percent of one or more kinds of raw skeletal muscle meat with raw meat byproducts, or not less than 15 percent of one or more kinds of raw skeletal muscle meat with raw meat byproducts and raw or cooked poultry products; and seasoned and cured, using one or more of the curing ingredients in accordance with a rule permitting that use in this Division 29, or in 21 CFR chapter I, subchapter A or subchapter B. They may or may not be smoked. Partially defatted pork fatty tissue or partially defatted beef fatty tissue, or a combination of both, may be used in an amount not exceeding 15 percent of the meat and meat byproducts or meat, meat byproducts, and poultry products ingredients. The finished products shall not contain more than 30 percent fat. Water or ice, or both, may be used to facilitate chopping or mixing to dissolve the curing and seasoning ingredients, but the sausage shall contain no more than 40 percent of a combination of fat and added water. These sausage products may contain only phosphates approved under OAR 603-029-1100 to 603-029-1190. These sausage products may contain poultry products and/or Mechanically Separated (Kind of Poultry) used in accordance with 9 CFR 381.174, individually or in combination, not in excess of 15 percent of the total ingredients, excluding water, in the sausage, and may contain Mechanically Separated (Species) used in accordance with OAR 603-029-1206. Such poultry products shall not contain kidneys or sex glands. The amount of poultry skin present in the sausage must not exceed the natural proportion of skin present on the whole carcass of the kind of poultry used in the sausage, as specified in 9 CFR 381.117(d). The poultry products used in the sausage shall be designated in the ingredient statement on the label of such sausage in accordance with the provisions of 9 CFR 381.118. Meat byproducts used in the sausage shall be designated individually in the ingredient statement on the label for such sausage in accordance with OAR 603-029-1004.

(3) A cooked sausage as defined in section (1) of this rule shall be labeled by its generic name, e.g., frankfurter, frank, furter, hotdog, wiener, vienna, bologna, garlic bologna, or knockwurst. When such sausage products are prepared with meat from a single species of cattle, sheep, swine, or goats they shall be labeled with the term designating the particular species in conjunction with the generic name, e.g., “Beef Frankfurter,” and when such sausage products are prepared in part with Mechanically Separated (Species) in accordance with OAR 603-029-1206, they shall be labeled in accordance with OAR 603-029-1004(10)(m).

(4) A cooked sausage as defined in section (2) of this rule shall be labeled by its generic name, e.g., frankfurter, frank, furter, hotdog, wiener, vienna, bologna, garlic bologna, or knockwurst, in conjunction with the phrase “with byproducts” or “with variety meats” with such supplemental phrase shown in a prominent manner directly contiguous to the generic name and in the same color on an identical background.

(5) Binders and extenders as provided in OAR 603-029-1234 may be used in cooked sausage that otherwise comply with section (1) or (2) of this rule. When any such substance is added to these products, the substance shall be declared in the ingredients statement by its common or usual name in order of predominance.

(6) Cooked sausages shall not be labeled with terms such as “All Meat” or “All (Species),” or otherwise to indicate they do not contain nonmeat ingredients or are prepared only from meat.

(7) For the purposes of this rule: Poultry meat means deboned chicken meat or turkey meat, or both, without skin or added fat; poultry products mean chicken or turkey, or chicken meat or turkey meat as defined in 9 CFR 381.118, or poultry byproducts as defined in 9 CFR 381.1; and meat byproducts (or variety meats), mean pork stomachs or snouts; beef, veal, lamb, or goat tripe; beef, veal, lamb, goat, or pork hearts, tongues, fat, lips, weasands, and spleens; and partially defatted pork fatty tissue, or partially defatted beef fatty tissue.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1250 Cheesefurters and Similar Products

“Cheesefurters” and similar products are products in casings which resemble frankfurters except that they contain sufficient cheese to give definite characteristics to the finished article. They may contain binders and extenders as provided in OAR 603-029-2405(3). Limits on use as provided in OAR 603-029-2405 are intended to be exclusive of the cheese constituent. When any such substance is added to these products, the substance shall be designated in the ingredients statement by its common or usual name in order of predominance. These products shall contain no more than 40 percent of a combination of fat and added water, and no more than 30 percent fat and shall comply with the other provisions for cooked sausages that are in this Division 29.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1252 Braunschweiger and Liver Sausage or Liverwurst

(1) “Braunschweiger” is a cooked sausage made from fresh, cured, and/or frozen pork, beef, and/or veal and at least 30 percent pork, beef, and/or veal livers computed on the weight of the fresh livers. It may also contain pork and/or beef fat. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206. Binders and extenders may be used as permitted in OAR 603-029-1234. The product may have a smoked taste characteristic, which may be imparted by use of smoked meats, smoke flavoring or smoking. If prepared from components of a single species, the product name may reflect the species, e.g., “Beef Braunschweiger.” Braunschweiger may also be labeled as any of the following: “Braunschweiger—A Liver Sausage,” “Braunschweiger—A Liverwurst,” or “Braunschweiger (Liver Sausage)” or “Braunschweiger (Liverwurst).”

(2) “Liver Sausage” or “Liverwurst” is a cooked sausage made from fresh, cured, and/or frozen pork, beef, and/or veal and at least 30 percent pork, beef, veal, sheep, and/or goat livers computed on the weight of the fresh livers. It may also contain pork and/or beef byproducts. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206. Binders and extenders may be used as permitted in OAR 603-029-1234. If prepared from components of a single species, the product name may reflect that species, e.g., “Pork Liver Sausage.”

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1254 Luncheon Meat

“Luncheon Meat” is a cured, cooked meat product made from comminuted meat. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206. To facilitate chopping or mixing or to dissolve the usual curing ingredients, water or ice may be used in the preparation of luncheon meat in an amount not to exceed 3 percent of the total ingredients.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1256 Meat Loaf

“Meat Loaf” is a cooked meat product in loaf form made from comminuted meat. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed 3 percent of the total ingredients used.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1258 Scrapple

“Scrapple” shall contain not less than 40 percent meat and/or meat byproducts computed on the basis of the fresh weight, exclusive of bone. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206. The meal or flour used may be derived from grain and/or soybeans.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1260 Bockwurst

(1) Bockwurst is an uncured, comminuted meat product which may or may not be cooked. It contains meat, milk or water or a combination thereof, eggs, vegetables, and any of the optional ingredients listed in section (2) of this rule; and is prepared in accordance with the provisions of sections (1)(a), (b), (c), and (d) of this rule.

(a) Meat shall constitute not less than 70 percent of the total weight of the product and shall consist of pork or a mixture of pork and veal, pork and beef, or pork, veal, and beef. Such meat shall be fresh or fresh frozen meat. Pork may be omitted when the specie or species of meat used in the product is identified in the product name (e.g., Veal Bockwurst, Beef Bockwurst, or Beef and Veal Bockwurst). Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206.

(b) The “milk” may be fresh whole milk, dried milk, nonfat dry milk, calcium reduced dried skim milk, enzyme (rennet) treated calcium reduced dried skim milk and calcium lactate, or any combination thereof.

(d) “Vegetables” refer to onions, chives, parsley, and leeks, alone or in any combination.

(2) Bockwurst may contain one or more of the following optional ingredients:

(a) Pork fat.

(b) Celery, fresh or dehydrated.

(d) Salt.

(e) Egg whites, fresh, frozen, or dried.

(f) Corn syrup solids, corn syrup, or glucose syrup with a maximum limit of 2 percent individually or collectively, calculated on a dry basis. The maximum quantities of such ingredients shall be computed on the basis of the total weight of the ingredients.

(g) Autolyzed yeast extract, hydrolyzed plant protein, milk protein hydrolysate, and monosodium glutamate.

(h) Sugars (sucrose and dextrose).

(i) Binders and extenders may be added as provided in OAR 603-029-2405(3). When any such substance is added to bockwurst, the substance shall be designated in the ingredients statement by its common or usual name in order of predominance.

(3) If bockwurst is cooked or partially cooked, the composition of the raw mix from which it is prepared shall be used in determining whether it meets the requirements of this rule.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1262 Chili Con Carne

“Chili con carne” shall contain not less than 40 percent of meat computed on the weight of the fresh meat. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206. Head meat, cheek meat, and heart meat exclusive of the heart cap may be used to the extent of 25 percent of the meat ingredients under specific declaration on the label. The mixture may contain binders and extenders as provided in OAR 603-029-2405(3).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1264 Chili Con Carne with Beans

Chili con carne with beans shall contain not less than 25 percent of meat computed on the weight of the fresh meat. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206. Head meat, cheek meat, or heart meat exclusive of the heart cap may be used to the extent of 25 percent of the meat ingredients, and its presence shall be reflected in the statement of ingredients required by OAR 603-029-1026 to 603-029-1060. The mixture may contain binders and extenders as provided in OAR 603-029-2405(3).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1266 Hash

“Hash” shall contain not less than 35 percent of meat computed on the weight of the cooked and trimmed meat. The weight of the cooked meat used in this calculation shall not exceed 70 percent of the weight of the uncooked fresh meat. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1268 Corned Beef Hash

(1) “Corned Beef Hash” is the semi-solid food product in the form of a compact mass which is prepared with beef, potatoes, curing agents, seasonings, and any of the optional ingredients listed in section (2) of this rule, in accordance with the provisions of subsections (1) (a), (b), (c) and (d) of this rule and the provisions of section (3) of this rule.

(a) Either fresh beef, cured beef, or canned corned beef or a mixture of two or more of these ingredients, may be used, and the finished product shall contain not less than 35 percent of beef computed on the weight of the cooked and trimmed beef. The weight of the cooked meat used in this calculation shall not exceed 70 percent of the weight of the uncooked fresh meat.

(b) “Potatoes” refers to fresh potatoes, dehydrated potatoes, cooked dehydrated potatoes, or a mixture of two or more of these ingredients.

(c) The curing agents that may be used are salt, sodium nitrate, sodium nitrite, potassium nitrate, or potassium nitrite, or a combination of two or more of these ingredients. When sodium nitrate, or sodium nitrite, potassium nitrate, or potassium nitrite is used it shall be used in amounts not exceeding those specified in a rule permitting that use in this Division 29, or in 21 CFR Chapter I, Subchapter A or Subchapter B.

(d) The seasonings that may be used, singly or in combination, are salt, sugar (sucrose or dextrose), spice, and flavoring, including essential oils, oleoresins, and other spice extractives.

(2) Corned beef hash may contain one or more of the following optional ingredients:

(a) Beef cheek meat and beef head meat from which the overlying glandular and connective tissues have been removed, and beef heart meat, exclusive of the heart cap, may be used individually or collectively to the extent of 5 percent of the meat ingredients;

(b) Onions, including fresh onions, dehydrated onions, or onion powder;

(d) Water;

(e) Beef broth or beef stock;

(f) Monosodium glutamate;

(g) Hydrolyzed plant protein;

(h) Beef fat;

(i) Mechanically Separated (Species) when derived from carcasses of cattle may be used in accordance with OAR 603-029-1206.

(3) The finished product shall not contain more than 15 percent fat nor more than 72 percent moisture.

(4)(a) When any ingredient specified in subsection (2)(a) of this rule is used, the label shall bear the following applicable statement: “Beef cheek meat constitutes 5 percent of the meat ingredient,” or “Beef head meat constitutes 5 percent of the meat ingredient,” or “Beef heart meat constitutes 5 percent of the meat ingredient.” When two or more of the ingredients are used, the words “Constitutes 5 percent of meat ingredient” need only appear once.

(b) Whenever the words “corned beef hash” are featured on the label so conspicuously as to identify the contents, the statements prescribed in subsection (4)(a) of this rule shall immediately and conspicuously precede or follow such name without intervening written, printed, or other graphic matter.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1270 Meat Stews

Meat stews such as “Beef Stew” or “Lamb Stew” shall contain not less than 25 percent of meat of the species named on the label, computed on the weight of the fresh meat. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1272 Tamales

“Tamales” shall be prepared with at least 25 percent meat computed on the weight of the uncooked fresh meat in relation to all ingredients of the tamales. When tamales are packed in sauce or gravy, the name of the product shall include a prominent reference to the sauce or gravy; for example, “Tamales with Sauce” or “Tamales with Gravy.” Product labeled “Tamales with Sauce” or “Tamales With Gravy” shall contain not less than 20 percent meat, computed on the weight of the uncooked fresh meat in relation to the total ingredients making up the tamales and sauce or the tamales and gravy. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1274 Spaghetti with Meatballs and Sauce, Spaghetti with Meat and Sauce, and Similar Products

“Spaghetti with Meatballs and Sauce” and “Spaghetti with Meat and Sauce,” and similar products shall contain not less than 12 percent of meat computed on the weight of the fresh meat. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206. The presence of the sauce or gravy constituent shall be declared prominently on the label as part of the name of the product. Meatballs may be prepared with farinaceous material and with other binders and extenders as provided in OAR 603-029-2405(3).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1276 Spaghetti Sauce with Meat

“Spaghetti Sauce with Meat” shall contain not less than 6 percent of meat computed on the weight of the fresh meat. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1278 Tripe with Milk

“Tripe with Milk” shall be prepared so that the finished canned article, exclusive of the cooked-out juices and milk, will contain at least 65 percent tripe. The product shall be prepared with not less than 10 percent milk.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1280 Beans with Frankfurters in Sauce, Sauerkraut with Wieners and Juice, and Similar Products

“Beans with Frankfurters in Sauce,” “Sauerkraut with Wieners and Juice,” and similar products shall contain not less than 20 percent frankfurters or wieners computed on the weight of the smoked and cooked sausage prior to its inclusion with the beans or sauerkraut.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1282 Lima Beans with Ham in Sauce, Beans with Ham in Sauce, Beans with Bacon in Sauce, and Similar Products

“Lima Beans with Ham in Sauce,” “Beans with Ham in Sauce,” “Beans with Bacon in Sauce,” and similar products shall contain not less than 12 percent ham or bacon computed on the weight of the smoked ham or bacon prior to its inclusion with the beans and sauce.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1284 Chow Mein Vegetables with Meat, and Chop Suey Vegetables with Meat

“Chow Mein Vegetables with Meat” and “Chop Suey Vegetables with Meat” shall contain not less than 12 percent meat computed on the weight of the uncooked fresh meat prior to its inclusion with the other ingredients. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1286 Pork with Barbecue Sauce and Beef with Barbecue Sauce

“Pork with Barbecue Sauce” and “Beef with Barbecue Sauce” shall consist of not less than 50 percent cooked meat of the species specified on the label. Mechanically Separated (Pork) may be used in accordance with OAR 603-029-1206.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1287 Beef with Gravy and Gravy with Beef

“Beef with Gravy” and “Gravy with Beef” shall not be made with beef which, in the aggregate for each lot contains more than 30 percent trimmable fat, that is, fat which can be removed by thorough, practicable trimming and sorting.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1288 Meat Pies

Meat pies such as “Beef Pie,” “Veal Pie,” and “Pork Pie” shall contain meat of the species specified on the label, in an amount not less than 25 percent of all ingredients including crust and shall be computed on the basis of the fresh uncooked meat.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1289 Margarine or Oleomargarine

(1) Margarine or oleomargarine is the food in plastic form or liquid emulsion, containing not less than 80 percent fat determined by the method prescribed under §938.06 (Chapter 33) of the “Indirect Methods” in “Official Methods of Analysis of the Association of Official Analytical Chemists”, 15th edition, 1990. The “Official Methods of Analysis of the Association of Official Analytical Chemists,” 15th edition, 1990, is incorporated by reference with the approval of the Department. It is produced from one or more of the ingredients designated in subsection (1)(a) of this rule, and one or more of the ingredients designated in subsection (1)(b) of this rule, to which may be added one or more of the optional ingredients designated in section (2) of this rule. Margarine or oleomargarine contains Vitamin A as provided for in subsection (1)(c) of this rule. A copy of the “Official Methods of Analysis of the Association of Official Analytical Chemists,” 15th edition, 1990, is on file with the Director, Office of the Federal Register, and may be purchased from the Association of Official Analytical Chemists, Inc., 2200 Wilson Boulevard, Suite 400, Arlington, Virginia 22201.

(a) Edible fats and oils or mixtures of these, whose origin is vegetable or rendered animal fats from cattle, sheep, swine or goats.

(b)(A) Water; milk; milk products including, but not limited to, the liquid, condensed, or dry form of whey, reduced lactose whey, reduced minerals whey, or whey protein concentrate, non-lactose-containing whey components, casein, or caseinate; or other suitable edible protein, including albumin, vegetable proteins, or soy protein isolate; or any mixture of two or more of the articles designated in this subsection, in amounts not greater than reasonably required to accomplish the desired effect.

(B) The articles designated in this subsection shall be pasteurized and then may be subjected to the action of harmless bacterial starters. One or more of the articles designated in this subsection is intimately mixed with the edible fat or oil ingredients, or both, to form a solidified or liquid emulsion.

(c) Vitamin A in such quantity that the finished margarine or oleomargarine contains not less than 15,000 International Units (IU) of Vitamin A per pound or 33,000 IU per kilogram.

(2)(a) Vitamin D in such quantity that the finished margarine or oleomargarine contains not less than 1,500 IU of Vitamin D per pound or 3,300 IU per kilogram.

(b) Salt (sodium chloride); or potassium chloride for dietary margarine or oleomargarine.

(d) Emulsifiers identified in a rule permitting that use in this Division 29, or in 21 CFR Chapter I, Subchapter A or Subchapter B, within these maximum amounts in percent by weight of the finished food: Mono- and diglycerides of fatty acids esterified with any or all of the following acids: acetic, acetyltartaric, citric, lactic, tartaric, and their sodium and calcium salts, 0.5 percent; such mono- and diglycerides in combination with the sodium sulfoacetate derivatives thereof, 0.5 percent; polyglycerol esters of fatty acids, 0.5 percent; 1,2-propylene glycol esters of fatty acids, 2 percent; lecithin, 0.5 percent.

(e) Preservatives identified in a rule permitting that use in this Division 29, or in 21 CFR Chapter I, Subchapter A or Subchapter B, within these maximum amounts in percent by weight of the finished food: Sorbic acid, benzoic acid and their sodium, potassium, and calcium salts, individually, 0.1 percent, or in combination, 0.2 percent, expressed as the acids; calcium disodium EDTA, 0.0075 percent; stearyl citrate, 0.15 percent; isopropyl citrate mixture, 0.02 percent.

(f) Antioxidants identified in a rule permitting that use in this Division 29, or in 21 CFR Chapter I, Subchapter A or Subchapter B, within these maximum amounts in percent by weight of the finished food: propyl, octyl and dodecyl gallates, BHT (butylated hydroxytoluene), BHA (butylated hydroxyanisole), ascorbyl palmitate, ascorbyl stearate, all individually or in combination, 0.02 percent. Instead of these antioxidants, TBHQ (tertiary butylhydroquinone), alone or in combination only with BHT and/or BHA, with a maximum 0.02 percent by weight of the fat and oil content.

(g) Coloring agents identified in a rule permitting that use in this Division 29, or in 21 CFR Parts 73, 74, 81, or 82, in amounts sufficient for purpose.3 For the purpose of this subsection, provitamine A (beta-carotene) shall also be deemed to be a coloring agent. Colored margarine or oleomargarine is also subject to the provisions of section 407 of the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 347), as reflected in OAR 603-029-1010(8)(x).

(h) Flavoring substances in amounts sufficient for purpose.

(i) Acidulants identified in a rule permitting that use in this Division 29, or in 21 CFR Chapter I, Subchapter A or Subchapter B, in amounts sufficient for purpose: adipic acid; citric and lactic acids and their potassium and sodium salts; phosphoric acid; L-tartaric acid and its sodium and sodium-potassium salts; and hydrochloric acid.

(j) Alkalizers identified in a rule permitting that use in this Division 29, or in 21 CFR Chapter I, Subchapter A or Subchapter B, in amounts sufficient for purpose: potassium bicarbonate, potassium carbonate, sodium bicarbonate, sodium carbonate, and sodium hydroxide.

(k) For the purposes of this rule, the term “milk” unqualified means milk from cows. If any milk other than cow's milk is used in whole or in part, the animal source shall be identified in conjunction with the word “milk” in the ingredient statement.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1290 Mixed Fat Shortening

Shortening prepared with a mixture of meat fats and vegetable oils may be identified either as “Shortening Prepared with Meat Fats and Vegetable Oils” or “Shortening Prepared with Vegetable Oils and Meat Fats” depending on the predominance of the fat and oils used, or the product may be labeled “Shortening” when accompanied by an ingredient statement with ingredients listed in descending order of predominance.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1291 Lard, Leaf Lard

(1) Lard is the fat rendered from clean and sound edible tissues from swine. The tissues may be fresh, frozen, cooked, or prepared by other processes approved by the Department in specific cases, upon its determination that the use of such processes will not result in the adulteration or misbranding of the lard. The tissues shall be reasonably free from blood, and shall not include stomachs, livers, spleens, kidneys, and brains, or settlings and skimmings. “Leaf Lard” is lard prepared from fresh leaf (abdominal) fat.

(2) Lard (when properly labeled) may be hardened by the use of lard stearin or hydrogenated lard or both and may contain refined lard and deodorized lard, but the labels of such lard shall state such facts, as applicable.

(3) Products labeled “Lard” or “Leaf Lard” must have the following identity and quality characteristics to insure good color, odor, and taste of finished product: [Table 1, 603-029-1291]

(4) Product found upon inspection not to have the characteristics specified in section (3) of this rule but found to be otherwise sound and in compliance with section (1) of this rule may be further processed for the purpose of achieving such characteristics.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1292 Rendered Animal Fat or Mixture Thereof

“Rendered Animal Fat,” or any mixture of fats containing edible rendered animal fat, shall contain no added water, except that “Puff Pastry Shortening” may contain not more than 10 percent of water.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1293 Meat Extract

Meat extract (e.g., “Beef Extract”) shall contain not more than 25 percent of moisture.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1294 Fluid Extract of Meat

Fluid extract of meat (e.g., “Fluid Extract of Beef”) shall contain not more than 50 percent of moisture.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1295 Deviled Ham, Deviled Tongue, and Similar Products

(1) “Deviled Ham” is a semiplastic cured meat product made from finely comminuted ham and containing condiments. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206. Deviled ham may contain added ham fat: Provided, That the total fat content shall not exceed 35 percent of the finished product. The moisture content of deviled ham shall not exceed that of the fresh unprocessed meat.

(2) The moisture content of “Deviled Tongue” and similar products shall not exceed that of the fresh, unprocessed meat.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1296 Potted Meat Product and Deviled Meat Product

“Potted Meat Product” and “Deviled Meat Product” shall not contain cereal, vegetable flour, nonfat dry milk, or similar substances. The amount of water added to potted meat product and deviled meat product shall be limited to that necessary to replace moisture lost during processing.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1297 Ham Spread, Tongue Spread, and Similar Products

“Ham Spread,” “Tongue Spread,” and similar products shall contain not less than 50 percent of the meat ingredient named, computed on the weight of the fresh meat. Other meat and fat may be used to give the desired spreading consistency provided it does not detract from the character of the spreads named. Mechanically Separated (Species) may be used in accordance with OAR 603-029-1206.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1298 Breaded Products

The amount of batter and breading used as a coating for breaded product shall not exceed 30 percent of the weight of the finished breaded product.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1299 Liver Meat Products

Meat products characterized and labeled as liver products such as liver loaf, liver cheese, liver spread, liver mush, liver paste, and liver pudding shall contain not less than 30 percent of pork, beef, sheep, or goat livers computed on the fresh weight of the livers.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1300 Records Required to be Kept

(1) Every person (including every firm or corporation) within any of the classes specified in subsection (1) (a), (b), or (c) of this rule is required by Division 29 to keep records which will fully and correctly disclose all transactions involved in their or its business subject to Division 29:

(a) Any person that engages, for commerce, in the business of slaughtering any cattle, sheep, swine, goats, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food or animal food;

(b) Any person that engages in the business of buying or selling (as a meat broker, wholesaler, or otherwise), or transporting in commerce, or storing in or for commerce, or importing, any carcasses, or parts or products of carcasses, of any such animals;

(c) Any person that engages in business, in or for commerce, as a renderer, or engages in the business of buying, selling, or transporting in commerce, or importing, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, or parts of the carcasses of any such animals that died otherwise than by slaughter.

(2) The required records are:

(a) Records, such as bills of sale, invoices, bills of lading, and receiving and shipping papers, giving the following information with respect to each transaction in which any meat animal or carcass, part thereof, meat or meat product is purchased, sold, shipped, received, transported, or otherwise handled by said person in connection with any business subject to Division 29:

(A) The name or description of the meat animal or article;

(B) The net weight of the meat animal or article;

(D) The name and address of the buyer of the meat animal or article sold by such person, and the name and address of the seller of the meat animals or articles purchased by such person;

(E) The name and address of the consignee or receiver (if other than the buyer);

(F) The method of shipment;

(G) The date of shipment; and

(H) The name and address of the carrier.

(I) In the case of a person belonging to the class specified in subsection (1)(a), and engaged, for commerce, in the business of slaughtering any swine for use as human or animal food, the name and address (including the city and state, or the township, county, and state) of each person from whom the person belonging to the class so specified purchased or otherwise obtained each swine, and the telephone number, if available, of the person from whom the swine were purchased or otherwise obtained, and all serial numbers and other approved means of identification appearing on all test swine selected at antemortem inspection by Department inspectors for residue testing.

(b) Shipper's certificates and permits required to be kept by shippers and carriers of articles under OAR 603-029-1400 to 603-029-1475 of this Division 29.

(c) A record of seal numbers required to be kept by consignees of inedible products shipped under unofficial seals under OAR 603-029-1435(2) or (5), and a record of new consignees of inedible products diverted under OAR 603-029-1435(5).

(d)(A) In the case of raw ground beef products, state-inspected establishments are required to keep records that fully disclose:

(i) The establishment numbers of the establishments supplying the materials used to prepare each lot of raw ground beef product;

(ii) All supplier lot numbers and production dates;

(iii) The names of the supplied materials, including beef components and any materials carried over from one production lot to the next;

(iv) The date and time each lot of raw ground beef product is produced; and

(v) The date and time when grinding equipment and other related food-contact surfaces are cleaned and sanitized.

(B) For the purposes of this rule, a lot is the amount of ground raw beef produced during particular dates and times, following clean up and until the next clean up, during which the same source materials are used.

(e) Guaranties provided by suppliers of packaging materials under OAR 603-029-1024.

(f) Records of canning as required by OAR 603-029-2600 to 603-029-2655.

(g) Records of nutrition labeling as required by OAR 603-029-1026 to 603-029-1060.

(h) Records as required in OAR 603-029-1185(2) and (3).

(i) Records documenting the development, implementation, and maintenance of procedures for the control of the production process using advanced meat/bone separation machinery and meat recovery systems as required by OAR 603-029-1190.

(j) Records of labeling, product formulas, processing procedures, and any additional documentation needed to show that the labels are consistent with the Federal meat and poultry regulations and policies on labeling, as prescribed in OAR 603-029-2000.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1305 Place of Maintenance of Records

(1) Except as provided in section (2) of this rule, any person engaged in any business described in OAR 603-029-1300 and required by this rule to keep records must maintain such records at the place where such business is conducted, except that if such person conducts such business at multiple locations, he may maintain such records at his headquarters' office. When not in actual use, all such records must be kept in a safe place at the prescribed location in accordance with good commercial practices.

(2) Records required to kept under OAR 603-029-1300(2)(d) must be kept at the location where the raw beef was ground.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1310 Record Retention Period

(1) Except as provided in sections (2) and (3) of this rule, every record required to be maintained under this rule must be retained for a period of 2 years after December 31 of the year in which the transaction to which the record relates has occurred and for such further period as the Department may require for purposes of any investigation or litigation under Division 29, by written notice to the person required to keep such records under this rule.

(2) Records required to be maintained under OAR 603-029-1300(2)(d) must be retained for one year.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1315 Access to and Inspection of Records, Facilities and Inventory; Copying and Sampling

Representatives of the Department afforded access to a business specified in OAR 603-029-1300 also must be afforded any necessary facilities (other than reproduction equipment) for the examination and copying of records and for the examination and sampling of inventory.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1320 Registration

(1) Except as provided in section (3) of this rule, every person that engages in business in or for commerce, as a meat broker, renderer, or animal food manufacturer, or engages in business in commerce as a wholesaler of any carcasses, or parts or products of the carcasses, or any meat animal, whether intended for human food or other purposes, or engages in business as a public warehouseman storing any such articles in or for commerce, or engages in the business of buying, selling, or transporting in commerce, or importing, any dead, dying, disabled, or diseased meat animal, or parts of the carcasses of any such meat animal that died otherwise than by slaughter, shall register with the Department, giving such information as is required, including the name, and the address of each place of business at which, and all trade names under which he conducts such business, by filing with the Department, a form containing such information within 90 days after the effective date hereof or after such later date as he begins to engage in such business if not engaged therein upon said effective date. All information submitted shall be current and correct. The registration form shall be obtained by calling the Department.

(2) Whenever any change is made in the name of, or address of any place of business at which, or any trade name under which a registrant conducts his business, he shall report such change in writing to the Department within 15 days after making the change.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1325 Information and Reports Required from State-Inspected Establishment Operators

(1) The operator of each state-inspected establishment shall furnish to Department employees accurate information as to all matters needed by them for making their daily reports of the amount of products prepared or handled in the departments of the establishment to which they are assigned and such reports concerning sanitation, mandatory microbiological testing, and other aspects of the operations of the establishment and the conduct of inspection, as may be required by the Department in special cases.

(2) The operator of each state-inspected establishment shall report quarterly the number of pounds of meat and meat products produced at that establishment. The report shall be made on a form furnished by the Department and shall be submitted to an inspector at the establishment. Each report shall cover a calendar quarter and shall be filed within 15 days after the end of each quarter.

(3) The operator of each state-inspected establishment shall also make such other reports as the Department may from time to time require under Division 29.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1330 Reports by Consignees of Allegedly Adulterated or Misbranded Products; Sale or Transportation as Violations

Whenever the consignee of any product which bears an Oregon inspection legend refuses to accept delivery of such product on the grounds that it is adulterated or misbranded, the consignee shall notify the Department of the kind, quantity, source, and present location of the product and the respects in which it is alleged to be adulterated or misbranded, and it will be a violation of Division 29 for any person to sell or transport, or offer for sale or transportation, or receive for transportation, in commerce, any such product which is capable of use as human food and is adulterated or misbranded at the time of such sale, transportation, offer, or receipt: Provided, however, that any such allegedly adulterated or misbranded product may be transported to the official establishment from which it had been transported, in accordance with OAR 603-029-1430.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1400 Transactions in Commerce Prohibited Without Official Inspection Legend or Certificate When Required; Exceptions; and Vehicle Sanitation Requirements

(1) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any meat or meat product which is capable of use as human food unless the product and its container, if any, bear an official inspection legend as required under OAR 603-029-0900 to 603-029-1060 or such product is exempted from the requirement of inspection under OAR 603-029-0020.

(2) No carrier shall transport or receive for transportation in commerce (including transportation in the course of importation) and no person shall offer for transportation any carcass, or part thereof, meat or meat product until a certificate, if required for such transportation by this rule, is made and furnished to the carrier in one of the forms prescribed in this rule.

(3) No person, engaged in the business of buying, selling, freezing, storing, or transporting, in or for commerce, meat or meat products capable of use as human food shall transport, offer for transportation, or receive for transportation in commerce any such meat or meat product which is capable of use as human food and is not wrapped, packaged, or otherwise enclosed to prevent adulteration by airborne contaminants, unless the railroad car, truck, or other means of conveyance in which the product is contained or transported is completely enclosed with tight fitting doors or other covers for all openings. In all cases, the means of conveyance shall be reasonably free of foreign matter (such as dust, dirt, rust, or other articles or residues), and free of chemical residues, so that product placed therein will not become adulterated. Any cleaning compound, lye, soda solution, or other chemical used in cleaning the means of conveyance must be thoroughly removed from the means of conveyance prior to its use. Such means of conveyance onto which product is loaded, being loaded, or intended to be loaded, shall be subject to inspection by an inspector at any state-inspected establishment. The decision whether or not to inspect a means of conveyance in a specific case, and the type and extent of such inspection shall be at the Department's discretion and shall be adequate to determine if product in such conveyance is, or when moved could become, adulterated. Circumstances of transport that can be reasonably anticipated shall be considered in making said determination. These include, but are not limited to, weather conditions, duration and distance of trip, nature of product covering, and effect of restowage at stops en-route. Any means of conveyance found upon such inspection to be in such condition that product placed therein could become adulterated shall not be used until such condition which could cause adulteration is corrected. Product placed in any means of conveyance that is found by the inspector to be in such condition that the product may have become adulterated shall be removed from the means of conveyance and handled in accordance with OAR 603-029-1105(4).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1405 Parcel Post and Ferries Deemed Carriers

(1) For the purposes of this Division 29, the United States parcel post shall be deemed a carrier, and the provisions of this Division 29 relating to transportation by carrier shall apply, so far as they may be applicable, to transportation by parcel post.

(2) For the purposes of this Division 29, the operator of every ferry shall be deemed a carrier, and the provisions of this Division 29 relating to transportation by carrier shall apply to transportation by ferry of any products loaded on a truck or other vehicle, or otherwise moved by such ferry.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1410 Unmarked Inspected Product Transported Under Official Seal Between State-Inspected Establishments for Further Processing; Certificate

(1) Any product which has been inspected and passed may be transported from one state-inspected establishment to another for further processing without each article being marked with the Oregon inspection legend, if it is so transported in a railroad car, motortruck, or other means of conveyance which is sealed by a Department employee with an official seal of the Department prescribed in OAR 603-029-0625. Unless 25 percent or more of the contents of each car or other means of conveyance consists of product not marked with the inspection legend, transportation will not be permitted under this section.

(2)(a) When articles are offered for transportation under section (1) of this rule, the initial carrier shall require, and the shipper shall make in duplicate and deliver to the carrier, one copy of a certificate in the following form: [Form 603-029-1410]

(b) When paunches are offered for transportation under this section, the initial carrier shall require, and the shipper shall make in duplicate and deliver to the carrier, one copy of a certificate in duplicate in the form set out in OAR 603-029-1410(2), appropriately modified. Certificates in this form or copies thereof need not be forwarded to the Department, but the original of the certificate shall be retained by the carrier and a copy shall be retained by the shipper in accordance with OAR 603-029-1300 to 603-029-1330. If the shipper is also the carrier, he shall nevertheless execute and retain the certificate in accordance with OAR 603-029-1300 to 603-029-1330.

(3) The signature of the shipper or his agent shall be written in full. This certificate may be stamped upon or incorporated in any form ordinarily used in the transportation of product. Certificates in this form or copies thereof need not be forwarded to the Department. The original of the certificate required by this rule shall be retained by the carrier and a copy shall be retained by the shipper in accordance with OAR 603-029-1300 to 603-029-1330. If the shipper is also the carrier, he shall nevertheless execute and retain the certificate in accordance with OAR 603-029-1300 to 603-029-1330.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1415 Shipment of Paunches Between State-Inspected Establishments Under Official Seal; Certificate

Cattle and sheep paunches which have been made clean and from which the mucous membrane has not been removed may be transported from one state-inspected establishment to another state-inspected establishment for further processing, only under an official seal of the Department as prescribed in OAR 603-029-0625(1).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1420 Shipment of Products Requiring Special Supervision Between State-Inspected Establishments Under Official Seal; Certificate

(1) Products passed for cooking, and beef that is to be refrigerated to destroy cysticerci, may be shipped loose from one state-inspected establishment to any other state-inspected establishment, for further handling in accordance with OAR 603-029-1100 to 603-029-1190, in railroad cars, trucks, or other means of conveyance sealed with the official seal of the Department as prescribed in OAR 603-029-1455: Provided, That in the case of railroad cars, the receiving establishment has railroad facilities for unloading the products directly into the establishment.

(2) When such restricted product is shipped from one state-inspected establishment to another state-inspected establishment in the same railroad car or other means of conveyance with other product, such restricted product shall be packed in individual closed containers as hereinafter provided. Containers shall be sealed by firmly applying a pressure sensitive tape around each container in two directions and stamping the intersection of the tape with the marking device described in OAR 603-029-0610(1) for use on burlap, muslin, etc. (2 1⁄2 inch rubber brand). Such tape must possess the adhesive property to actually remove a portion of the container surface when the tape is removed. Alternatively, an inelastic, nonmetallic strap which will retain a legible imprint of the marking device (2 1⁄2 -inch rubber brand) may be used. The imprint of the marking device shall be placed partially on the strap and partially on the container. Such restricted product shall be marked “Oregon passed for cooking” or “pork product __ °F. __days refrigeration” or “beef passed for refrigeration,” as the case may be. In addition, an “Oregon retained” tag shall be securely affixed to each container of product passed for cooking and of beef passed for refrigeration. The means of conveyance shall not be sealed unless at least 25 percent of the other product in the vehicle is unmarked. For each consignment there shall be promptly issued and forwarded by the inspector to the supervisor at destination, a report on the form entitled “Notice of Unmarked Meats Shipped in Sealed Cars,” appropriately modified to show the character of the containers, and that the contents are restricted. A duplicate copy shall be retained in the Department files.

(3) When products are offered for transportation under this rule, the initial carrier shall require and the shipper shall make in duplicate and deliver to the carrier one copy of a certificate in the form set out in OAR 603-029-1410(2). Certificates in this form or copies thereof need not be forwarded to the Department, but the original of the certificate shall be retained by the carrier and a copy shall be retained by the shipper in accordance with OAR 603-029-1300 to 603-029-1330. If the shipper is also the carrier, he shall nevertheless execute and retain the certificate in accordance with OAR 603-029-1300 to 603-029-1330.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1425 Transportation and Other Transactions Concerning Certain Undenatured Lungs or Lung Lobes From State-Inspected Establishments or in Commerce; Provisions and Restrictions

(1) Lungs or lung lobes, other than those condemned under OAR 603-029-0470(2), that are prepared at any state-inspected establishment, may be sold, transported, offered for sale or transportation, or received for transportation from the establishment, in commerce or otherwise, without denaturing as prescribed in OAR 603-029-0800 or OAR 603-029-0810: Provided:

(a) The lungs or lung lobes are sold, transported, or offered for sale or transportation to, or received for transportation by: An animal food processing establishment for use in manufacturing animal food; a zoo, mink farm, or other establishment for use as animal food without further processing; a warehouse in the United States for storage and subsequent movement to such a manufacturer or establishment in the United States, or from one warehouse to another for the account of and subsequent movement to such a manufacturer or establishment, or for export, for nonhuman food purposes.

(b) The boxes or other containers used for shipping the undenatured lungs or lung lobes are closed with nylon filament tape, metallic on nonmetallic straps, round wire, or other similar materials that securely effect closure of such containers, and the containers are permanently identified in at least 2-inch (5 cm) high lettering with the statement “(Species) Lungs—Not Intended for Human Food.” In lieu of securely closing the immediate container with any of the above materials, a 1-inch (2.5 cm) wide bright orange band, imprinted around the length and width of the container may be used.

(c) The name and place of business of the packer or distributor shall be shown on the immediate container of the product. In addition, the country of origin shall be shown on the immediate container of imported lungs or lung lobes.

(2) Lungs or lung lobes, other than those condemned under a State law or rule at least equal to OAR 603-029-0470(2), that are prepared at any state-inspected establishment may be sold, transported, offered for sale, or transportation or received for transportation from that establishment, in commerce, without denaturing as prescribed under 21 USC 641, provided the State law or rules permit such disposition and provided there is compliance with the provisions of section (a) of this rule.

(3) All such lungs or lung lobes, if intended for animal food, are subject to the Federal Food, Drug, and Cosmetic Act.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1430 Handling of Products Which may Have Become Adulterated or Misbranded; Authorization and Other Requirements

(1) When it is claimed that any inspected and passed product, marked with an Oregon inspection legend, has become adulterated or misbranded after it has been transported from a state-inspected establishment, such product may be transported in commerce to a state-inspected establishment after oral permission is obtained from a Department supervisor. The transportation of the product may be to the state-inspected establishment from which it had been transported or to another state-inspected establishment designated by the person desiring to handle the product. The transportation shall be authorized only for the purpose of officially determining if the product has become adulterated or misbranded and making the appropriate disposition. The supervisor shall make a record of the authorization and such other information which will effectively identify the shipment and shall provide a copy of the record to the inspector at the establishment receiving the product. The shipper shall be furnished a copy of the authorization record upon request.

(2) Upon the arrival of the shipment at the state-inspected establishment, a careful inspection shall be made of the product by a Department inspector, and if it is found that the article is not adulterated, the same may be received into the establishment; but if the article is found to be adulterated, it shall at once be stamped “Oregon inspected and condemned” and disposed of in accordance with OAR 603-029-0800 to 603-029-0850, and if it is found to be misbranded, it shall be handled in accordance with OAR 603-029-1105(4): Provided, That when a product is found to be affected with one of the correctable conditions specified in OAR 603-029-1105(4), in respect to which rehandling is permitted, it may be transported from the state-inspected establishment to another state-inspected establishment for such rehandling as is necessary to assure that the product is not adulterated or misbranded when finally released. The transportation of such a product from a state-inspected establishment shall be done in a manner prescribed in each specific case by the Department.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1435 Inedible Articles: Denaturing and Other Means of Identification; Exceptions

(1) Except as provided in OAR 603-029-1425 and OAR 603-029-1430, no carcass, part of a carcass, rendered grease, tallow, or other fat derived from the carcasses of meat animals, or other meat product, that has not been inspected and passed at a state-inspected establishment under the provisions of this part and is not exempted from such inspection, and no carcass, part of a carcass, fat or other meat product that is adulterated or misbranded, shall be offered for transportation in commerce by any person unless it is handled in accordance with section (2), (3), (4), or (5) of this rule or is denatured or otherwise identified as prescribed in OAR 603-029-1440, OAR 603-029-0800, OAR 603-029-0810, OAR 603-029-0840 to 603-029-0850.

(2) Inedible rendered animal fats from state-inspected or other establishments in the United States having the physical characteristics of a meat product fit for human food may be transported in commerce without denaturing, if the following conditions are met:

(a) Such inedible rendered fat shall not be bought, sold, transported, or offered for sale or offered for transportation in commerce in Oregon, or imported, except by rendering companies, dealers, brokers, or others who obtain a license for such activities from the Department.

(b) Such inedible rendered animal fat may be so distributed only if consigned to a domestic manufacturer of technical articles other than for human food or to an export terminal for exportation or storage for exportation as an inedible article, and provided, in the case of such fat consigned to a domestic manufacturer, the product is for use solely by the consignee for manufacturing purposes of nonhuman food articles and may not be further sold or shipped without first receiving approval of the Department: And provided further, That such fat intended for export and stored at a terminal point prior to export will be subject to review by FSIS to assure that it is exported as inedible.

(c) When transported in commerce in Oregon, or imported, such inedible rendered fat shall be marked conspicuously with the words “technical animal fat not intended for human food” on the ends of the shipping containers, in letters not less than 2 inches high; in the case of shipping containers such as drums, tierces, barrels, and half barrels, and not less than 4 inches high in the case of tank cars and trucks. All shipping containers shall have both ends painted with a durable paint, if necessary, to provide a contrasting background for the required marking.

(d) Such inedible rendered fat shall be transported only in sealed shipping containers bearing unofficial seals applied by the shipper, which shall include the identification number assigned by said Director for the permit holder. The number shall appear on the bill of lading or other transportation documents for the shipment. The consignees in the United States must retain the seals in their records as prescribed in OAR 603-029-1300 to 603-029-1330.

(e) Any diversion or effort to divert inedible rendered fat contrary to the provisions of this section (b) or other violation of the provisions of this rule may result in the revocation of the permit for shipment of technical animal fat at the discretion of the Department.

(3) Inedible rendered animal fat derived from condemned or other inedible materials at state-inspected or other establishments in the United States may be transported in commerce in Oregon if mixed with low grade offal or other materials which render the fat readily distinguishable from an article of human food, and if the outside container bears the word “inedible.”

(4)(a) Except as provided in subsections (4)(b), (c), and (d) of this rule, or in OAR 603-029-0845 and 603-029-0850, no animal food prepared, in whole or in part, from materials derived from the carcasses of meat animals in a state-inspected establishment or elsewhere, shall be bought, sold, transported, offered for sale or transportation, or received for transportation, in commerce in Oregon, or imported, unless:

(A) It is properly identified as animal food;

(B) It is not represented as being a human food; and

(C) It has been denatured as prescribed in OAR 603-029-1440(1)(b) so as to be readily distinguishable from an article of human food.

(b) Notwithstanding the provisions of subsection (4)(a) of this rule, an animal food that consists of less than 5 percent of parts or products of the carcasses of meat animals and that is not represented by labeling or appearance or otherwise as being a human food or as a product of the meat industry need not be denatured in accordance with OAR 603-029-1440(1)(b).

(c) Notwithstanding the provisions of subsection (4)(a) of this rule, animal food packed in hermetically sealed, retort processed, conventional retail-size containers, and retail-size packages of semi-moist animal food need not be denatured in accordance with OAR 603-029-1440(1)(b) if the name of the article clearly conveys the article's intended use for animal food and appears on the label in a conspicuous manner.

(A) Except as provided in paragraph (4)(c)(C), the name of the article must be stated on the label as “Animal Food,” “Pet Food,” or “(name of species) Food” (e.g., “Dog Food” or “Cat Food”). To be considered conspicuous, the name of the article, wherever it appears on the label, must be in letters at least twice as high, wide, and thick as the letters indicating the presence in the article of any ingredients derived from the carcasses of meat animals.

(B) Notwithstanding the provisions of paragraph (4)(c)(A), the article's name may be stated on the label to show that it is or contains meat animal-source material and that the article is for animals; e.g., “(species)meat for Pets” or “Beef Stew for Dogs”: Provided, That the entire name of the article is stated, wherever it appears on the label, as an individual, contiguous unit, whether stated on a single line or more than one line, and the letters denoting the article's intended use for animal food are at least as high, wide, and thick as the letters indicating the presence of material derived from any meat animal carcass. However, when the label bears on its principal display panel a vignette which pictures, in clearly recognizable form and size, one or more animals of the species for which the article's name indicates the article is intended, the letters used to state the article's intended use shall be at least one-half as high, wide, and thick as the letters used in the article's name or other letters indicating the presence of material derived from any meat animal carcass, but shall not be less than 1⁄8 inches high. The letters used to state the article's intended use may be separated from the article's name by the vignette.

(C) Letters used to denote the intended use of the article must contrast as markedly with their background as the letters indicating the presence in the article of meat animal carcass-source material contrast with their background.

(d) The requirements of this rule do not apply to meat animals or poultry feeds manufactured from processed meat animal byproducts (such as meat meal tankage, meat and bone meal, blood meal, and feed grade animal fat), or to processed dry animal food.

(5) Except for inedible rendered animal fats and lungs or lung lobes, inedible products (including condemned products only if condemned for causes specified in OAR 603-029-0850) which were prepared at any state-inspected establishment, CIS establishment, or official federal establishment, and which have the physical characteristics of a product fit for human food, may be transported from a state-inspected establishment or in commerce, without denaturing as required by this part, if the following conditions are met:

(a) The shipper must have obtained a numbered permit for such activity from the Department. Such permit may be obtained upon written application to the Department and the determination that the proposed transportation would be authorized under this section (5). The application shall state the name and address of the applicant, a description of the type of his business operations, and the purpose of making such application.

(b) Such inedible products may be transported under this section (5) only if consigned to a manufacturer in the United States of articles other than for human food and if the product is for use solely by the consignee for manufacturing articles not for human food. Such products may not be transported in commerce to any consignee other than the one to which they were originally shipped unless prior notice of the diversion is given to the appropriate Regional Director and a record identifying the new consignee is maintained by the shipper as required by OAR 603-029-1300.

(c) When transported from a state-inspected establishment or in commerce under this section (5), the outside container of such inedible products shall be marked conspicuously with the words “Inedible—Not Intended for Human Food” in letters not less than 2 inches high, in the case of containers, such as cartons, drums, tierces, barrels, and half barrels, and not less than 4 inches high in the case of tank cars and trucks used to transport such products not in other containers.

(d) Such inedible products shall be transported from an state-inspected establishment or in commerce under this section (5) only in railroad cars, trucks, or containers which bear unofficial seals applied by the shipper, which shall include the identification number assigned to the permit holder and an individual seal serial number assigned by the shipper; and the product so transported shall be accompanied by an invoice or bill of lading specifying the permit holder's identification number. The consignee in the United States must retain a record of the identification and serial numbers shown on the seals in his records as prescribed in OAR 603-029-1300 to 603-029-1330.

(e) Any diversion, or effort to divert, undenatured, inedible product contrary to the provisions of this section (5) or other violation of the provisions of this rule may result in the revocation of the permit for shipment of inedible products under this section (5), at the discretion of the Department.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1440 Denaturing Procedures

Carcasses, parts thereof, meat and meat products (other than rendered animal fats) that have been treated in accordance with the provisions of this section shall be considered denatured for the purposes of the rules in this rule, except as otherwise provided in OAR 603-029-0800 to 603-029-0850 for articles condemned at state-inspected establishments.

(1) The following agents are prescribed for denaturing carcasses, parts thereof, meat or meat products which are affected with any condition that would result in their condemnation and disposal under OAR 603-029-0800 to 603-029-0850 if they were at a state-inspected establishment: Crude carbolic acid; cresylic disinfectant; a formula consisting of 1 part FD&C green No. 3 coloring, 40 parts water, 40 parts liquid detergent, and 40 parts oil of citronella, or other proprietary substance approved by the Department in specific cases.

(2) Except as provided in subsections (1)(c), (d), and (e) of this rule, the following agents are prescribed for denaturing other carcasses, parts thereof, meat and meat products, for which denaturing is required by this rule: FD&C green No. 3 coloring; FD&C blue No. 1 coloring; FD&C blue No. 2 coloring; finely powdered charcoal; or other proprietary substance approved by the Department in specific cases.

(3) Tripe may be denatured by dipping it in a 6 percent solution of tannic acid for 1 minute followed by immersion in a water bath, then immersing it for 1 minute in a solution of 0.022 percent FD&C yellow No. 5 coloring;

(4) Meat may be denatured by dipping it in a solution of 0.0625 percent tannic acid, followed by immersion in a water bath, then dipping it in a solution of 0.0625 percent ferric acid; and

(5) When meat, meat byproducts, or meat products are in ground form, 4 percent by weight of coarsely ground hard bone, which shall be in pieces no smaller than the opening size specified for No. 5 mesh in the standards issued by the U.S. Bureau of Standards or 6 percent by weight of coarsely ground hard bone, which shall be in pieces no smaller than the opening size specified for No. 8 mesh in said Standards, uniformly incorporated with the product may be used in lieu of the agents prescribed in subsection (1)(b) of this rule.

(6) Before the denaturing agents are applied to articles in pieces more than 4 inches in diameter, the pieces shall be freely slashed or sectioned. (If the articles are in pieces not more than 4 inches in diameter, slashing or sectioning will not be necessary.) The application of any of the denaturing agents listed in subsection (1)(a) or (b) of this rule to the outer surface of molds or blocks of boneless meat, meat byproducts, or meat products shall not be adequate. The denaturing agent must be mixed intimately with all of the material to be denatured, and must be applied in such quantity and manner that it cannot easily and readily be removed by washing or soaking. A sufficient amount of the appropriate agent shall be used to give the material a distinctive color, odor, or taste so that such material cannot be confused with an article of human food.

(7) Carcasses (other than viscera), parts thereof, cuts of meat, and unground pieces of meat darkened by charcoal or other black dyes shall be deemed to be denatured pursuant to this rule only if they contain at least that degree of darkness depicted by diagram 1 of the Meat Denaturing Guide (MP Form 91).1

(8) Inedible rendered animal fats shall be denatured by thoroughly mixing therein denaturing oil, No. 2 fuel oil, brucine dissolved in a mixture of alcohol and pine oil or oil of rosemary, finely powdered charcoal, or any proprietary denaturing agent approved for the purpose by the Department in specific cases. The charcoal shall be used in no less quantity than 100 parts per million and shall be of such character that it will remain suspended indefinitely in the liquid fat. Sufficient of the chosen identifying agents shall be used to give the rendered fat so distinctive a color, odor, or taste that it cannot be confused with an article of human food.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1445 Certificates, Retention by Carrier

All original certificates delivered to a carrier in accordance with this rule shall be filed separate and apart from all its other papers and records or identified in such a manner as to be readily checked by Department employees. Every certificate required to be maintained under this rule shall be retained for a period of 2 years after December 31 of the year in which the transaction has occurred.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1450 Evidence of Proper Certification Required on Waybills; Transfer Bills, etc., for Shipment by Connecting Carrier; Forms of Statement

All waybills, transfer bills, running slips, conductor's cards, or other papers accompanying a shipment in commerce of any product shall have embodied therein, stamped thereon, or attached thereto a signed statement which shall be evidence to connecting carriers that the proper shipper's certificate, as required by OAR 603-029-1410, OAR 603-029-1415, or OAR 603-029-1420, is on file with the initial carrier. No connecting carrier shall receive for transportation or transport in commerce any product unless the waybill, transfer bill, running slip, conductor's card, or other papers accompanying the same includes the signed statement in the following form: [Form 603-029-1450]

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1455 Official Seals; Forms, Use, and Breaking

(1) The official seals required by this rule shall be those prescribed in OAR 603-029-0625.

(2) Except as provided in OAR 603-029-1465(2), official seal affixed under this rule shall be affixed or broken only by Department employees, and no person other than a Department employee shall affix, detach, break, change, or tamper with any such seal in any way whatever. Commission of any such acts contrary to this rule is a criminal offense.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1460 Loading or Unloading Products in Sealed Railroad Cars, Trucks, etc., En Route Prohibited; Exception

Unloading any product from an officially sealed railroad car, truck, or other means of conveyance containing any unmarked product or loading any product or any other commodity in the means of conveyance while en-route from one state-inspected establishment to another state-inspected establishment is not permitted, except that product transported under OAR 603-029-1410 from one state-inspected establishment to another for further processing may be unloaded and stored in transit at an approved warehouse provided that the product is transported to and from such warehouse, and under official seal as provided in OAR 603-029-1410 and stored in such rooms at such warehouse.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1465 Diverting of Shipments, Breaking of Seals, and Reloading by Carrier in Emergency; Reporting to the Department

(1) Shipments of inspected and passed product that bear the Oregon inspection legend may be diverted from the original destination without a reinspection of the articles, provided the waybills, transfer bills, running slips, conductor's card, or other papers accompanying the shipments are marked, stamped, or have attached thereto signed statements in accordance with OAR 603-029-1450.

(2) In case of wreck or similar extraordinary emergency, the Department seals on a railroad car or other means of conveyance containing any inspected and passed product may be broken by the carrier, and if necessary, the articles may be reloaded into another means of conveyance, or the shipment may be diverted from the original destination, without another shipper's certificate; but in all such cases the carrier shall immediately report the facts by telephone or email to the Department . Such report shall include the following information:

(a) Nature of the emergency.

(b) Place where seals were broken.

(d) Number and initial of the original car or truck.

(e) Number and initials of the car or truck into which the articles are reloaded.

(f) New destination of the shipment.

(g) Kind and amount of articles.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1470 Provisions Inapplicable to Specimens for Laboratory Examination, etc., or to Naturally Inedible Articles

The provisions of this rule do not apply:

(1) To specimens of product sent to or by the Department of Agriculture or divisions thereof in Washington, DC, or elsewhere, for laboratory examination, exhibition purposes, or other official use;

(2) To material released for educational, research and other nonfood purposes, as prescribed in OAR 603-029-0840;

(3) To glands and organs for use in preparing pharmaceutical, organotherapeutic, or technical products and not used for human food, as described in OAR 603-029-1100(7);

(4) To material or specimens of product for laboratory examination, research, or other nonhuman food purposes, when authorized by the Department, and under conditions prescribed by it in specific cases; and

(5) To articles that are naturally inedible by humans, such as hoofs, horns, and hides in their natural state.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1475 Transportation and Other Transactions Concerning Dead, Dying, Disabled, or Diseased Meat Animals, and Parts of Carcasses of Meat Animals that Died Otherwise than by Slaughter

No person engaged in the business of buying, selling, or transporting in commerce in Oregon any dead, dying, disabled or diseased animals or parts of the carcasses of any animals that died otherwise than by slaughter shall:

(1) Buy, sell, transport, or offer for sale or transportation, in commerce in Oregon any dead meat animal if its hide or skin has been removed;

(2) Sell, transport, offer for sale or transportation, or receive for transportation, in commerce in Oregon, any dead, dying, disabled, or diseased meat animal, or parts of the carcasses of any meat animal that died otherwise than by slaughter, unless such meat animal and parts are consigned and delivered, without avoidable delay, to animal food processing establishments, renderers, or collection stations that are registered as required by OAR 603-029-1300 to 603-029-1330, or to state-inspected establishments that operate under Federal inspection, or to establishments that operate under a State or Territorial inspection system approved by the Secretary as one that imposes requirements at least equal to the Federal requirements for purposes of paragraph 301(c) of the Act;4

(3) Buy any dead, dying, disabled, or diseased meat animal or parts of the carcasses of any meat animal that died otherwise than by slaughter, unless the person is an animal food processing establishment or renderer and is registered as required by OAR 603-029-1300 to 603-029-1330, or is the operator of an establishment inspected as required by section (2) of this rule and such meat animal or parts of carcasses are to be delivered to establishments eligible to receive them under section (2) of this rule;

(4) Unload en route to any establishment eligible to receive them under section (2) of this rule, any dead, dying, disabled, or diseased meat animal or parts of the carcasses of any meat animal that died otherwise than by slaughter, which are transported in commerce in Oregon by any such person: Provided, That any such dead, dying, disabled, or diseased meat animal, or parts of carcasses may be unloaded from a means of conveyance en route where necessary in case of a wreck or otherwise extraordinary emergency, and may be reloaded into another means of conveyance; but in all such cases, the carrier shall immediately report the facts by telephone to the Department.

(5) Load into any means of conveyance containing any dead, dying, disabled, or diseased meat animal, or parts of the carcasses of any meat animal that died otherwise than by slaughter, while in the course of transportation in commerce in Oregon of any meat animal or parts of carcasses not within the foregoing description or any other products or other commodities.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1480 Means of Conveyance in Which Dead, Dying, Disabled, or Diseased Meat Animal and Parts of Carcasses Thereof Shall be Transported

All vehicles and other means of conveyance used by persons subject to OAR 603-029-1475 for transporting in commerce in Oregon any dead, dying, disabled, or diseased meat animal or parts of carcasses of meat animal that died otherwise than by slaughter shall be leak-proof and so constructed and equipped as to permit thorough cleaning and sanitizing. The means of conveyance so used in conveying such meat animal, or parts thereof, shall be cleaned and disinfected prior to use in the transportation of any product intended for use as human food. The cleaning procedure shall include the complete removal from the means of conveyance of any fluid, parts, or product of such dead, dying, disabled, or diseased meat animals and the thorough application of a disinfectant to the interior surfaces of the cargo space. Substances permitted for such use are:

(1) “Liquified phenol” (U.S.P. strength 87 percent phenol) in the proportion of at least 6 fluid ounces to 1 gallon of water.

(2) “Cresylic disinfectant” in the proportion of not less than 4 fluid ounces to 1 gallon of water; and such other disinfectants as are approved by the Department in specific cases. The use of “cresylic disinfectant” is permitted subject to the conditions prescribed in 9 CFR 71.10(b).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1500 Opportunity for Presentation of Views Before Report of Criminal Violations

(1) Except as provided in subsections (1)(a) through (e) of this rule, before the Department refers any violation of ORS chapter 603 or 619, or rules adopted thereunder, for criminal prosecution, the Department must give reasonable notice to the suspected violator that the Department intends to refer the violation for prosecution and give the suspected violator an opportunity to present the violator's views to the Department with respect to such proceeding.

(a) Notice and opportunity need not be provided if the Department has any reason to believe that providing such notice and opportunity could result in the alteration or destruction of evidence, or where disclosure could result in injury to persons or property.

(b) Notice and opportunity need not be provided if the Department has any reason to believe that providing such notice and opportunity could result in flight of a suspected violator to avoid prosecution.

(c) Notice and opportunity need not be provided if the Department has any reason to believe that providing such notice and opportunity could result in compromising special investigative techniques, such as undercover or other covert operations.

(d) Notice and opportunity need not be provided when the impending criminal referral involves suspicion of bribery and related offenses, or clandestine slaughtering and/or processing operations.

(e) Notice and opportunity need not be provided when the impending referral is part of an investigation involving violations of law other than ORS chapter 603 or 619, or rules adopted thereunder, and the multiple types of violations are jointly referred for prosecution.

(2) A notice of opportunity to present views will be sent by registered or certified mail, summarize the violations that constitute the basis of the contemplated prosecution, and describe the procedures for presentation of views. Any information given by a respondent, orally or in writing, shall become part of the Department's official record concerning the matter. The Department is under no obligation to disclose evidence to the suspected violator.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1505 Seizure, Embargo, and Detainment

(1) Any meat, meat product, or dead, dying, disabled, or diseased meat animal is subject to seizure, embargo, or detainment as provided in ORS 561.605 to 561.630 and this rule if:

(a) It is adulterated, misbranded, or unwholesome and is capable of use as human food; or

(b) It is in any other way in violation of ORS 619.026 to 619.066, or any rule adopted thereunder.

(2) The Department shall affix a tag or notice to the meat, meat product, or meat animal being seized, embargoed, or detained that states “Oregon Seized,” “Oregon Embargoed,” or “Oregon Detained,” as applicable. The Department shall also affix a notice to the meat, meat product, or meat animal being seized, embargoed, or detained that warns all persons that the meat, meat product, or meat animal may not be removed from the place at which it is being held without written permission from the Department.

(3) No person shall remove or deface any notice placed upon meat, meat products, or meat animals seized, embargoed, or detained by the Department, or move them from the place designated in the notice without written permission from the Department.

(4) When meat, a meat product, or a meat animal is seized, embargoed, or detained, the Department shall:

(a) Orally notify the immediate custodian of the meat, meat product, or meat animal; and

(b) Promptly furnish a Notice of Seizure, Notice of Embargo, or Notice of Detainment to the immediate custodian of the meat, meat product, or meat animal; or, if the owner of the meat, meat product, or meat animal is not the immediate custodian at the time of seizure, embargo, or detainment, and the owner or owner’s agent can be ascertained and notified, the Department shall furnish a copy of the Notice of Detainment, Notice of Seizure, or Notice of Embargo to the owner or owner’s agent as soon as possible by personally serving such notice or by mailing it via certified mail to the owner or owner’s agent’s last known residence or principal office or place of business.

(5) Within the first 48 hours after the seizure, embargo, or detainment of any meat, meat product, or meat animal under this rule, the Department shall give oral or written notification of such seizure, embargo, or detainment to the FSIS and any state or other governmental authorities having jurisdiction over such meat, meat product, or meat animal.

(6) The provisions of this rule relating to seizure, condemnation, and detainment of meat, meat products, or meat animals do not derogate from authority for condemnation or seizure conferred by other provisions of law.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1510 Hearing Request Regarding Seizure, Embargo, or Detainment

(1) A request for a hearing on the propriety of seizure, embargo, or detainment and related matters must be filed with the Department in writing within 10 days of receiving actual notice of such action. The request may be filed either by the owner or the person in possession, but the time limited for filing such request is to be computed from the time the required notice is first received by either of such persons. When the Department receives a request for a hearing, it shall designate the time and place of hearing.

(2) The hearing shall not be held sooner than 10 days after the request for a hearing has been received by the Department. However, if the subject matter of the Department’s action is perishable goods, or if, in the opinion of the Department, other good and sufficient reason appears, the hearing may, at the request of the owner or person in possession of such goods, be held at an earlier date.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1515 Conduct of Hearing Regarding Seizure, Embargo, or Detainment; Action by Department Following Hearing

(1) A hearing regarding a seizure, embargo, or detainment shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. The hearing shall be conducted pursuant to the procedures for contested cases under ORS chapter 183 and OAR chapter 137, division 3.

(2) If it appears that the meat, meat product, or meat animal is not being stored, sold, kept, offered, or exposed for sale in violation of law, it shall be released to the owner or person in possession. If it appears that all or part of the meat, meat product, or meat animal may be reconditioned or relabeled or segregated in such a way as to comply with state laws, the owner or person in possession may cause it to be reconditioned, relabeled, or segregated at the owner’s or person’s own expense, after which the Department shall release it. If it appears that all or a part of the meat, meat product, or meat animal may not be reconditioned, relabeled or segregated in such a way as to comply with state laws, that portion which may not be so treated shall be destroyed, unless the owner or person in possession executes and delivers to the Department a good and sufficient bond to the effect that the meat, meat product, or meat animal shall not be sold, disposed of or used contrary to the laws of Oregon and the rules, regulations or orders thereunder promulgated. If any meat, meat product, or meat animal is found to be unfit for human consumption but suitable for animal feeding, it may be used for animal feeding as permitted by the Department.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1520 Department’s Voluntary Termination of Seizure, Embargo, or Detainment

(1) If the Department voluntarily terminates a seizure, embargo, or detainment, the Department shall:

(a) Orally notify the immediate custodian of the meat, meat product, or meat animal; and

(b) Furnish copies of a Notice of Termination of Seizure, Notice of Termination of Embargo, Notice of Termination of Detainment, or Disposition by Agreement, to the persons notified when the meat, meat product, or meat animal was seized, embargoed, or detained. The notice shall be personally served or shall be mailed via certified mail to such persons at their last known residence or principal office or place of business.

(2) If the Department voluntarily terminates a seizure, embargo, or detainment, the Department may require all official marks to be removed from the meat, meat product, or meat animal before it is released, unless the meat, meat product, or meat animal is eligible to retain such marks.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1525 Action by Department When Hearing Regarding Seizure, Embargo, or Detainment Not Timely Requested, or When Person in Possession Does Not Timely Comply with Department’s Order or Perfect an Appeal

(1) In the event that the owner or person in possession does not request a hearing on the propriety of a seizure, embargo, or detainment within the time limited for making such request, the Department may summarily destroy or otherwise dispose of the subject matter of the action, or, if the owner or person in possession of such meat, meat product, or meat animal does not within 30 days after the hearing either comply with the orders of the Department as to reconditioning, relabeling or segregating or perfect an appeal to the circuit court, the Department may summarily destroy or otherwise dispose of the subject matter of the action.

(2) If it appears to the Department that there is a reasonable possibility that a meat, meat product, or meat animal is capable of salvage and the owner or person in possession does not seek to regain custody within the time and in the manner provided in ORS 561.605 to 561.620, the Department may dispose of the meat, meat product, or meat animal so as to obtain such salvage. Any salvage so recovered shall, after paying the costs of sale or disposition and including storage, if any, be remitted to the true owner, if known, or if not known, then to the person in possession. A sale or disposition for salvage shall be upon such conditions as to labeling, reconditioning or segregation as the Department deems necessary to comply with the law relating to such meat, meat product, or meat animal.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1530 Resolution of Seizure, Embargo, or Detainment by Agreement

Nothing in ORS 561.605 to 561.630 or these Division 29 rules shall be construed as requiring that a hearing be held in connection with the seizure, embargo, or detainment of illegal or suspected meat, meat products, or meat animals or as prohibiting the release, destruction or other disposition of meat, meat products, or meat animals by agreement between the Department and the owner or person in possession.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1535 Condemnation or Quarantine of Building, Equipment, Vehicle, or Facility

(1) The Department may condemn or quarantine any building, equipment, vehicle, or facility that is part of, or used by, a state-inspected establishment, if the Department determines, by inspection or test, that the building, equipment, vehicle, or facility is in violation of ORS 619.026 to 619.066 or any rule adopted thereunder. The Department shall:

(a) Notify the owner or person in charge that such building, equipment, vehicle, or facility shall not be used for its intended purpose until the violation is corrected; and

(b) Post a notice upon such building, equipment, vehicle, or facility to the effect that it is condemned or quarantined for further use on account of the violation.

(2) The Department shall condemn any part of a state-inspected establishment where meat products destined for sale or distribution are prepared, packed, stored, sold, or distributed for consumption outside such premises, and any vehicle used in the transportation of such products, if the Department determines that it is kept in an unclean, unhealthy, or insanitary condition. The Department shall:

(a) Notify the owner or person in charge that such state-inspected establishment or vehicle shall not be used for its intended purpose until it is put in a sanitary condition by making the changes ordered in the notice; and

(b) Post a notice upon such state-inspected establishment or vehicle to the effect that it is condemned for further use on account of the unclean, unhealthful or insanitary condition.

(3) A Notice of Condemnation or Notice of Quarantine shall not be removed without prior approval of the Department. Continued use of the condemned or quarantined building, equipment, vehicle, or facility without making the changes ordered, or unauthorized removal of the notice, is a violation of law.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1540 Hearing Request Regarding Condemnation or Quarantine; Conduct of Hearing

(1) A request for a hearing on the propriety of a Notice of Condemnation or Notice of Quarantine must be filed with the Department in writing within 20 days of issuance of the notice.

(2) A hearing regarding a Notice of Condemnation or Notice of Quarantine shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. The hearing shall be conducted pursuant to the procedures for contested cases under ORS chapter 183 and OAR chapter 137, division 3.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1545 Department’s Voluntary Termination of Condemnation or Quarantine

(1) If the Department voluntarily terminates a condemnation or quarantine, the Department shall:

(a) Orally notify the owner or person in possession; and

(b) Furnish copies of a Notice of Termination of Condemnation or Notice of Termination of Quarantine to the persons notified when the Notice of Condemnation or Notice of Quarantine was issued.

(2) The notice shall be personally served or shall be mailed via certified mail to such persons at their last known residence or principal office or place of business.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1550 Resolution of Condemnation or Quarantine by Agreement

Nothing in these Division 29 rules shall be construed as requiring that a hearing be held in connection with a Notice of Condemnation or Notice of Quarantine, or as prohibiting the resolution of the condemnation or quarantine by agreement between the Department and the owner or person in possession.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1555 Regulatory Control Action

(1) The Department may take a regulatory control action because of:

(a) Insanitary conditions or practices;

(b) Meat product adulteration or misbranding;

(d) Inhumane handling or slaughtering of livestock.

(2) If a regulatory control action is taken, an inspector will immediately notify the state-inspected establishment orally and in writing of the action and the basis for the action.

(3) A state-inspected establishment may challenge a regulatory control action by requesting that a supervisor review the propriety of the regulatory control action.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1560 Withholding Action or Suspension Without Prior Notification

(1) The Department may take a withholding action or impose a suspension without providing the state-inspected establishment prior notification if:

(a) The state-inspected establishment produced and shipped adulterated or misbranded product as defined in 21 USC §§ 601-602 or 603-029-0010;

(b) The state-inspected establishment does not have a HACCP plan as specified in 603-029-2205;

(c) The state-inspected establishment does not have Sanitation Standard Operating Procedures as specified in 603-029-2145;

(d) Sanitary conditions are such that products in the state-inspected establishment are or would be rendered adulterated;

(e) The state-inspected establishment violated the terms of a regulatory control action;

(f) A state-inspected establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with a Department employee; or

(g) The state-inspected establishment did not destroy a condemned meat, meat product, or meat animal that has been found to be adulterated and that has not been reprocessed, in accordance with OAR 603-029-0800 to 603-029-0850, within three days of notification.

(2) The Department also may impose a suspension without providing the state-inspected establishment prior notification because the state-inspected establishment is handling or slaughtering animals inhumanely.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1565 Withholding Action or Suspension With Prior Notification

The Department may take a withholding action or impose a suspension after a state-inspected establishment is provided prior notification and the opportunity to demonstrate or achieve compliance if:

(1) The HACCP system is inadequate, as specified in 603-029-2225, due to multiple or recurring non-compliances;

(2) The Sanitation Standard Operating Procedures have not been properly implemented or maintained as specified in 603-029-2145 to 603-029-2170;

(3) The state-inspected establishment has not maintained sanitary conditions as prescribed in 603-029-2105 to 603-029-2125 due to multiple or recurring non-compliances;

(4) The state-inspected establishment did not collect and analyze samples for Escherichia coli Biotype I and record results in accordance with 603-029-0498(1); or

(5) The state-inspected establishment did not meet the Salmonella performance standard requirements prescribed in 603-029-0498(2).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1570 Procedures for Withholding Actions and Suspensions

(1) If the Department takes a withholding action or imposes a suspension, the state-inspected establishment shall be notified orally and, as promptly as circumstances permit, in writing. The written Notice of Withholding Action or Notice of Suspension shall:

(a) State the effective date of the action(s);

(b) Describe the reasons for the action(s);

(d) Provide the state-inspected establishment an opportunity to present immediate and corrective action and further planned preventive action;

(e) Advise the state-inspected establishment that it may challenge the action by requesting that a supervisor review the propriety of the action; and

(f) Comply with the requirements of ORS 183.415.

(2) If the Department determines that the condition prompting the withholding action or suspension poses a serious danger to the public health or safety, the Department may make the Notice of Withholding Action or Notice of Suspension effective immediately. In such circumstances, OAR 137-003-0560 is applicable.

(3) The prior notification provided for in OAR 603-029-0110 shall:

(a) State the type of action that the Department may take;

(b) Describe the reason for the proposed action;

(d) Advise the state-inspected establishment of its right to contact the Department to contest the basis for the proposed action or to explain how compliance has been or will be achieved; and

(e) Advise the state-inspected establishment that it will have three business days from receipt of the written notification to respond to the Department unless the time period is extended by the Department.

(4) A state-inspected establishment may challenge the Notice of Withholding Action or Notice of Suspension by requesting that a supervisor review the propriety of the action. A state-inspected establishment may also file a written request for a hearing with the Department within 20 days of issuance of the Notice of Withholding Action or Notice of Suspension. If the state-inspected establishment timely requests a hearing, such hearing will be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3. Upon request, or if the Notice of Withholding Action or Notice of Suspension is effective immediately, the Department will request that the hearing be expedited.

(5) The Department may hold a suspension in abeyance and allow the state-inspected establishment to operate under the conditions agreed to by the Department and the state-inspected establishment.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1575 Withdrawal of Grant of Inspection

(1) The Department may issue a Notice of Withdrawal of Inspection if:

(a) A state-inspected establishment produced and shipped adulterated product;

(b) A state-inspected establishment did not have or maintain a HACCP plan in accordance with OAR 603-029-2200 to 603-029-2230;

(c) A state-inspected establishment did not have or maintain Sanitation Standard Operating Procedures in accordance with OAR 603-029-2170;

(d) A state-inspected establishment did not maintain sanitary conditions;

(e) A state-inspected establishment did not collect and analyze samples for Escherichia coli Biotype I and record results as prescribed in OAR 603-029-0498(1);

(f) A state-inspected establishment did not slaughter or handle livestock humanely;

(g) A state-inspected establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with a Department employee; or

(h) A recipient of inspection or anyone responsibly connected to the recipient is unfit to engage in any business requiring inspection as specified in OAR 603-029-0115(1)

(2) If the Department issues a Notice of Withdrawal of Inspection, the state-inspected establishment may file a written request for a hearing with the Department within 20 days of issuance of the Notice of Withdrawal of Inspection. If the state-inspected establishment timely requests a hearing, such hearing shall be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3.

(3) If the Department determines that the condition prompting the Notice of Withdrawal of Inspection poses a serious danger to the public health or safety, the Department may make the Notice of Withdrawal of Inspection effective immediately. In such circumstances, OAR 137-003-0560 is applicable.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-1580 Refusal to Approve Marks, Labels, or Containers; Rescinding Such Approval

(1) The Department may rescind or refuse approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat product not in accordance with OAR 603-029-1002.

(2) If the Department rescinds or refuses approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat product, the Department shall issue a written notice that:

(a) States the effective date of the action;

(b) Explains the reason for rescinding or refusing the approval;

(c) Provides an opportunity for the state-inspected establishment to modify the marking, labeling, or container so that it will no longer be false or misleading; and

(d) Advises the state-inspected establishment of its opportunity to submit a written statement to respond to the notice;

(e) Complies with the requirements of ORS 183.415.

(3) If the Department rescinds or refuses approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat product, a state-inspected establishment may file a written request for a hearing with the Department within 20 days of issuance of the Department’s written notice. If the state-inspected establishment timely requests a hearing, such hearing shall be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3.

(4) If the Department determines that the false or misleading marks, labels, or sizes or forms of any container for use with any meat product pose a serious danger to the public health or safety, the Department may make the rescinding of its approval effective immediately. In such circumstances, OAR 137-003-0560 is applicable.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2000 Label Approval

(1) No final label may be used on any product unless the label has been submitted for approval to the Department, accompanied by an application for Approval of Labels, Marking, and Devices, and approved by the Department, except for generically approved labels authorized for use in OAR 603-029-2010. Such records must be made available to any duly authorized representative of the Department upon request.

(2) All labels required to be submitted for approval as set forth in section (1) of this rule shall be submitted to the Department. A parent company for a corporation may submit only one label application for a product produced in state-inspected establishments that are owned by the corporation.

(3) The Department requires the submission of labeling applications for the following:

(a) Sketch labels as defined in section (4) of this rule for products which are produced under a religious exemption;

(b) Special statements and claims as defined in section (5) of this rule and presented in the context of a final label.

(4) A “sketch” label is the concept of a label. It may be a printer's proof or equivalent that is sufficiently legible to clearly show all labeling features, size, and location. The Department will accept sketches that are hand drawn or computer generated, or other reasonable facsimiles that clearly reflect and project the final version of the label.

(5) “Special statements and claims” are claims, logos, trademarks, and other symbols on labels that are not defined in Division 29 regulations or the USDA FSIS Food Standards and Labeling Policy Book, published in August of 2005 (except for “natural” and negative claims (e.g., “gluten free”)), health claims, ingredient and processing method claims (e.g., high-pressure processing), structure-function claims, claims regarding the raising of animals, organic claims, and instructional or disclaimer statements concerning pathogens (e.g., “for cooking only” or “not tested for E. coli O157:H7”). Examples of logos and symbols include graphic representations of hearts and geographic landmarks. Special statements and claims do not include allergen statements (e.g., “contains soy”) applied in accordance with the Food Allergen Labeling and Consumer Protection Act.

(6)(a) Temporary approval for the use of a final label that may be deemed deficient in some particular may be granted by the Department. Temporary approvals may be granted for a period not to exceed 180 calendar days, under the following conditions:

(b) The proposed label would not misrepresent the product;

(d) Denial of the request would create undue economic hardship; and

(e) An unfair competitive advantage would not result from the granting of the temporary approval.

(7) Extensions of temporary approvals may also be granted by the Department, provided that the applicant demonstrates that new circumstances, meeting the above criteria, have developed since the original temporary approval was granted.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042 & ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2010 Approval of Generic Labels

(1)(a) A state-inspected establishment is authorized to use generically approved labels, as defined in section (2) of this rule, and thus is free to use such labels without submitting them to the Department for approval, provided the label, in accordance with this rule, displays all mandatory features in a prominent manner in compliance with OAR 603-029-1000 to 603-029-1058, and is not otherwise false or misleading in any particular.

(b) The Department will select samples of generically approved labels from the records maintained by state-inspected establishments to determine compliance with label requirements. If the Department finds that a state-inspected establishment is using a false or misleading label, it will institute the proceedings prescribed in OAR 603-029-0115 to revoke the approval for the label.

(2) Generically approved labels are labels that bear all applicable mandatory labeling features (i.e., product name, safe handling statement, ingredients statement, the name and place of business of the manufacturer, packer or distributor, net weight, legend, safe handling instructions, and nutrition labeling) in accordance with Division 29. Labels that bear claims and statements that are defined in Division 29 or the Food Standards and Labeling Policy Book, published in August of 2005 (except for natural and negative claims), such as a statement that characterizes a product's nutrient content, such as “low fat,” has geographical significance, such as “German Brand,” or makes a country of origin statement on the label of any meat or poultry product “covered commodity”,(see OAR 603-029-1010(1)(an) and that comply with those regulations are also deemed to be generically approved by the Department without being submitted for evaluation and approval. Allergen statements (e.g., “contains soy”) applied in accordance with the Food Allergen Labeling and Consumer Protection Act are also deemed generically approved.

NOTE: See OAR 603-029-1010(2)(nn).

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.046
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2100 Sanitation - General Rules

Each state-inspected establishment must be operated and maintained in a manner sufficient to prevent the creation of insanitary conditions and to ensure that product is not adulterated.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2105 State-Inspected Establishment Grounds and Facilities

(1) Grounds and pest control. The grounds about a state-inspected establishment must be maintained to prevent conditions that could lead to insanitary conditions, adulteration of product, or interfere with inspection by Department employees. State-inspected establishments must have in place a pest management program to prevent the harborage and breeding of pests on the grounds and within establishment facilities. Pest control substances used must be safe and effective under the conditions of use and not be applied or stored in a manner that will result in the adulteration of product or the creation of insanitary conditions.

(2) Construction.

(a) State-inspected establishment buildings, including their structures, rooms, and compartments must be of sound construction, be kept in good repair, and be of sufficient size to allow for processing, handling, and storage of product in a manner that does not result in product adulteration or the creation of insanitary conditions.

(b) Walls, floors, and ceilings within state-inspected establishments must be built of durable materials impervious to moisture and be cleaned and sanitized as necessary to prevent adulteration of product or the creation of insanitary conditions.

(c) Walls, floors, ceilings, doors, windows, and other outside openings must be constructed and maintained to prevent the entrance of vermin, such as flies, rats, and mice.

(d) Rooms or compartments in which edible product is processed, handled, or stored must be separate and distinct from rooms or compartments in which inedible product is processed, handled, or stored, to the extent necessary to prevent product adulteration and the creation of insanitary conditions.

(3) Light. Lighting of good quality and sufficient intensity to ensure that sanitary conditions are maintained and that product is not adulterated must be provided in areas where food is processed, handled, stored, or examined; where equipment and utensils are cleaned; and in hand-washing areas, dressing and locker rooms, and toilets.

(4) Ventilation. Ventilation adequate to control odors, vapors, and condensation to the extent necessary to prevent adulteration of product and the creation of insanitary conditions must be provided.

(5) Plumbing. Plumbing systems must be installed and maintained to:

(a) Carry sufficient quantities of water to required locations throughout the state-inspected establishment;

(b) Properly convey sewage and liquid disposable waste from the state-inspected establishment;

(c) Prevent adulteration of product, water supplies, equipment, and utensils and prevent the creation of insanitary conditions throughout the state-inspected establishment;

(d) Provide adequate floor drainage in all areas where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor;

(e) Prevent back-flow conditions in and cross-connection between piping systems that discharge waste water or sewage and piping systems that carry water for product manufacturing; and

(f) Prevent the backup of sewer gases.

(6) Sewage disposal. Sewage must be disposed into a sewage system separate from all other drainage lines or disposed of through other means sufficient to prevent backup of sewage into areas where product is processed, handled, or stored. When the sewage disposal system is a private system requiring approval by a State or local health authority, the state-inspected establishment must furnish the Department with the letter of approval from that authority upon request.

(7) Water supply and water, ice, and solution reuse:

(a) A supply of running water that complies with the National Primary Drinking Water regulations (40 CFR part 141), at a suitable temperature and under pressure as needed, must be provided in all areas where required (for processing product, for cleaning rooms and equipment, utensils, and packaging materials, for employee sanitary facilities, etc.). If a state-inspected establishment uses a municipal water supply, it must make available to the Department, upon request, a water report, issued under the authority of the State or local health agency, certifying or attesting to the potability of the water supply. If a state-inspected establishment uses a private well for its water supply, it must make available to the Department, upon request, documentation certifying the potability of the water supply that has been renewed at least semi-annually.

(b) Water, ice, and solutions (such as brine, liquid smoke, or propylene glycol) used to chill or cook ready-to-eat product may be reused for the same purpose, provided that they are maintained free of pathogenic organisms and fecal coliform organisms and that other physical, chemical, and microbiological contamination have been reduced to prevent adulteration of product.

(c) Water, ice, and solutions used to chill or wash raw product may be reused for the same purpose provided that measures are taken to reduce physical, chemical, and microbiological contamination so as to prevent contamination or adulteration of product. Reused water, ice, and solutions that have come into contact with raw product may not be used on ready-to-eat product.

(d) Reconditioned water that has never contained human waste and that has been treated by an onsite advanced wastewater treatment facility may be used on raw product, except in product formulation, and throughout the facility in edible and inedible production areas, provided that measures are taken to ensure that this water meets the criteria prescribed in section (7)(a) of this rule. Product, facilities, equipment, and utensils coming in contact with this water must undergo a separate final rinse with non-reconditioned water that meets the criteria prescribed in section (7)(a) of this rule.

(e) Any water that has never contained human waste and that is free of pathogenic organisms may be used in edible and inedible product areas, provided it does not contact edible product. For example, such reuse water may be used to move heavy solids, to flush the bottom of open evisceration troughs, or to wash antemortem areas, livestock pens, trucks, poultry cages, picker aprons, picking room floors, and similar areas within the state-inspected establishment.

(f) Water that does not meet the use conditions of sections (7)(a) through (7)(e) of this rule may not be used in areas where edible product is handled or prepared or in any manner that would allow it to adulterate edible product or create insanitary conditions.

(8) Dressing rooms, lavatories, and toilets:

(a) Dressing rooms, toilet rooms, and urinals must be sufficient in number, ample in size, conveniently located, and maintained in a sanitary condition and in good repair at all times to ensure cleanliness of all persons handling any product. They must be separate from the rooms and compartments in which products are processed, stored, or handled.

(b) Lavatories with running hot and cold water, soap, and towels, must be placed in or near toilet and urinal rooms and at such other places in the state-inspected establishment as necessary to ensure cleanliness of all persons handling any product.

(c) Refuse receptacles must be constructed and maintained in a manner that protects against the creation of insanitary conditions and the adulteration of product.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2110 Equipment and Utensils

(1) Equipment and utensils used for processing or otherwise handling edible product or ingredients must be of such material and construction to facilitate thorough cleaning and to ensure that their use will not cause the adulteration of product during processing, handling, or storage. Equipment and utensils must be maintained in sanitary condition so as not to adulterate product.

(2) Equipment and utensils must not be constructed, located, or operated in a manner that prevents Department employees from inspecting the equipment or utensils to determine whether they are in sanitary condition.

(3) Receptacles used for storing inedible material must be of such material and construction that their use will not result in the adulteration of any edible product or in the creation of insanitary conditions. Such receptacles must not be used for storing any edible product and must bear conspicuous and distinctive marking to identify permitted uses.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2115 Sanitary Operations

(1) All food-contact surfaces, including food-contact surfaces of utensils and equipment, must be cleaned and sanitized as frequently as necessary to prevent the creation of insanitary conditions and the adulteration of product.

(2) Non-food-contact surfaces of facilities, equipment, and utensils used in the operation of the state-inspected establishment must be cleaned and sanitized as frequently as necessary to prevent the creation of insanitary conditions and the adulteration of product.

(3) Cleaning compounds, sanitizing agents, processing aids, and other chemicals used by a state-inspected establishment must be safe and effective under the conditions of use. Such chemicals must be used, handled, and stored in a manner that will not adulterate product or create insanitary conditions. Documentation substantiating the safety of a chemical's use in a food processing environment must be available to Department employees for review.

(4) Product must be protected from adulteration during processing, handling, storage, loading, and unloading at and during transportation from state-inspected establishments.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2120 Employee Hygiene

(1) Cleanliness. All persons working in contact with product, food-contact surfaces, and product-packaging materials must adhere to hygienic practices while on duty to prevent adulteration of product and the creation of insanitary conditions.

(2) Clothing. Aprons, frocks, and other outer clothing worn by persons who handle product must be of material that is disposable or readily cleaned. Clean garments must be worn at the start of each working day and garments must be changed during the day as often as necessary to prevent adulteration of product and the creation of insanitary conditions.

(3) Disease control. Any person who has or appears to have an infectious disease, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, must be excluded from any operations which could result in product adulteration and the creation of insanitary conditions until the condition is corrected.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2125 Tagging Insanitary Equipment, Utensils, Rooms or Compartments

(1) When a Department employee finds that any equipment, utensil, room, compartment, building, or vehicle that is part of, or used by, a state-inspected establishment is kept in an unclean, unhealthy, or insanitary condition or that its use could cause the adulteration of product, the Department employee shall attach to it an “Oregon Rejected” tag. Equipment, utensils, rooms, compartments, buildings, or vehicles so tagged may not be used until made acceptable. Only a Department employee may remove an “Oregon Rejected” tag. The Department shall:

(a) Notify the owner or person in charge that such equipment, utensil, room, compartment, building, or vehicle shall not be used for its intended purpose until the violation is corrected; and

(b) Post a Notice of Condemnation or Notice of Quarantine upon such building, equipment, vehicle, or facility to the effect that it is condemned or quarantined for further use on account of the violation. The Notice of Condemnation or Notice of Quarantine shall:

(A) State the effective date of the action(s);

(B) Describe the reasons for the action(s);

(C) Identify the equipment, utensil, room, compartment, building, or vehicle that is tagged with an “Oregon Rejected” tag; and

(D) Comply with the requirements of ORS 183.415.

(2) When a Department employee finds that any equipment, utensil, room, compartment, building, or vehicle that is part of, or used by, a state-inspected establishment, is in violation of ORS 619.026 to 619.066 or any rule adopted thereunder, the Department employee may attach to it an “Oregon Rejected” tag. Equipment, utensils, rooms, compartments, buildings, or vehicles so tagged may not be used until made acceptable. Only a Department employee may remove an “Oregon Rejected” tag. The Department shall:

(a) Notify the owner or person in charge that such equipment, utensil, room, compartment, building, or vehicle shall not be used for its intended purpose until the violation is corrected; and

(b) Post a Notice of Condemnation or Notice of Quarantine upon such equipment, utensil, room, compartment, building, or vehicle to the effect that it is condemned or quarantined for further use on account of the violation. The Notice of Condemnation or Notice of Quarantine shall:

(A) State the effective date of the action(s);

(B) Describe the reasons for the action(s);

(C) Identify the equipment, utensil, room, compartment, building, or vehicle that is tagged with an “Oregon Rejected” tag; and

(D) Comply with the requirements of ORS 183.415.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026, ORS 619.036 & ORS 619.041
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2130 Hearing Request Regarding Condemnation or Quarantine; Conduct of Hearing

(1) A request for a hearing on the propriety of a condemnation or quarantine action taken under OAR 603-029-2125 must be filed with the Department in writing within 20 days of issuance of the Notice of Condemnation or Notice of Quarantine.

(2) A hearing regarding an action taken under OAR 603-029-2125 shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. The hearing shall be conducted pursuant to the procedures for contested cases under ORS chapter 183 and OAR chapter 137, division 3.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2135 Department’s Voluntary Termination of Condemnation or Quarantine

If the Department voluntarily terminates a condemnation or quarantine, the Department shall:

(1) Orally notify the owner or person in possession; and

(2) Furnish copies of a Notice of Termination of Condemnation or Notice of Termination of Quarantine to the persons notified when the Notice of Condemnation or Notice of Quarantine was issued. The notice shall be personally served or shall be mailed via certified mail to such persons at their last known residence or principal office or place of business.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2140 Resolution of Condemnation or Quarantine by Agreement

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026, ORS 619.036 & ORS 619.041
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2145 General rules for Sanitation SOP’s

Each state-inspected establishment shall develop, implement, and maintain written standard operating procedures for sanitation (Sanitation SOP's) in accordance with the requirements of this part.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2150 Development of Sanitation SOP’s

(1) The Sanitation SOP's shall describe all procedures a state-inspected establishment will conduct daily, before and during operations, sufficient to prevent direct contamination or adulteration of product(s).

(2) The Sanitation SOP's shall be signed and dated by the individual with overall authority on-site or a higher level official of the state-inspected establishment. This signature shall signify that the state-inspected establishment will implement the Sanitation SOP's as specified and will maintain the Sanitation SOP's in accordance with the requirements of this part. The Sanitation SOP's shall be signed and dated upon initially implementing the Sanitation SOP's and upon any modification to the Sanitation SOP's.

(3) Procedures in the Sanitation SOP's that are to be conducted prior to operations shall be identified as such, and shall address, at a minimum, the cleaning of food contact surfaces of facilities, equipment, and utensils.

(4) The Sanitation SOP's shall specify the frequency with which each procedure in the Sanitation SOP's is to be conducted and identify the state-inspected establishment employee(s) responsible for the implementation and maintenance of such procedure(s).

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2155 Implementation of SOP's

(1) Each state-inspected establishment shall conduct the pre-operational procedures in the Sanitation SOP's before the start of operations.

(2) Each state-inspected establishment shall conduct all other procedures in the Sanitation SOP's at the frequencies specified.

(3) Each state-inspected establishment shall monitor daily the implementation of the procedures in the Sanitation SOP's.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2160 Maintenance of Sanitation SOP's

Each state-inspected establishment shall routinely evaluate the effectiveness of the Sanitation SOP's and the procedures therein in preventing direct contamination or adulteration of product(s) and shall revise both as necessary to keep them effective and current with respect to changes in facilities, equipment, utensils, operations, or personnel.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2165 Corrective Actions

(1) Each state-inspected establishment shall take appropriate corrective action(s) when either the establishment or the Department determines that the state-inspected establishment's Sanitation SOP's or the procedures specified therein, or the implementation or maintenance of the Sanitation SOP's, may have failed to prevent direct contamination or adulteration of product(s).

(2) Corrective actions include procedures to ensure appropriate disposition of product(s) that may be contaminated, restore sanitary conditions, and prevent the recurrence of direct contamination or adulteration of product(s), including appropriate reevaluation and modification of the Sanitation SOP's and the procedures specified therein or appropriate improvements in the execution of the Sanitation SOP's or the procedures specified therein.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2170 Recordkeeping Requirements

(1) Each state-inspected establishment shall maintain daily records sufficient to document the implementation and monitoring of the Sanitation SOP's and any corrective actions taken. The state-inspected establishment employee(s) specified in the Sanitation SOP's as being responsible for the implementation and monitoring of the procedure(s) specified in the Sanitation SOP's shall authenticate these records with his or her initials and the date.

(2) Records required by OAR 603-029-2100 to 603-029-2175 may be maintained on computers provided the state-inspected establishment implements appropriate controls to ensure the integrity of the electronic data.

(3) Records required by OAR 603-029-2100 to 603-029-2175 shall be maintained for at least 6 months and made available to the Department. All such records shall be maintained at the state-inspected establishment for 48 hours following completion, after which they may be maintained off-site provided such records can be made available to the Department within 24 hours of request.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2175 Agency Verification

(1) The Department shall verify the adequacy and effectiveness of the Sanitation SOP's and the procedures specified therein by determining that they meet the requirements of OAR 603-029-2100 to 603-029-2175.

(2) Such verification may include:

(a) Reviewing the Sanitation SOP's;

(b) Reviewing the daily records documenting the implementation of the Sanitation SOP's and the procedures specified therein and any corrective actions taken or required to be taken;

(c) Direct observation of the implementation of the Sanitation SOP's and the procedures specified therein and any corrective actions taken or required to be taken; and

(d) Direct observation or testing to assess the sanitary conditions in the state-inspected establishment.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2200 Hazard Analysis and Critical Control Point (HACCP) System Definitions

For purposes of OAR 603-029-2200 to 603-029-2235, the following definitions shall apply:

(1) “Corrective action” means procedures to be followed when a deviation occurs.

(2) “Critical control point” (CCP) means a point, step, or procedure in a food process at which control can be applied and, as a result, a food safety hazard can be prevented, eliminated, or reduced to acceptable levels.

(3) “Critical limit” means the maximum or minimum value to which a physical, biological, or chemical hazard must be controlled at a critical control point to prevent, eliminate, or reduce to an acceptable level the occurrence of the identified food safety hazard.

(4) “Food safety hazard” means any biological, chemical, or physical property that may cause a food to be unsafe for human consumption.

(5) “HACCP System” means the HACCP plan in operation, including the HACCP plan itself.

(6) “Hazard” means Food Safety Hazard.

(7) “Preventive measure” means physical, chemical, or other means that can be used to control an identified food safety hazard.

(8) “Process-monitoring instrument” means an instrument or device used to indicate conditions during processing at a critical control point.

(9) “Responsible establishment official” means the individual with overall authority on-site or a higher level official of the establishment.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2205 Hazard Analysis and HACCP Plan

(1) Hazard analysis.

(a) Every state-inspected establishment shall conduct, or have conducted for it, a written hazard analysis to determine the food safety hazards reasonably likely to occur in the production process and identify the preventive measures the establishment can apply to control those hazards. The hazard analysis shall include food safety hazards that can occur before, during, and after entry into the establishment. A food safety hazard that is reasonably likely to occur is one for which a prudent establishment would establish controls because it historically has occurred, or because there is a reasonable possibility that it will occur in the particular type of product being processed, in the absence of those controls.

(b) A flow chart describing the steps of each process and product flow in the establishment shall be prepared, and the intended use or consumers of the finished product shall be identified.

(A) Natural toxins;

(B) Microbiological contamination;

(D) Pesticides;

(E) Drug residues;

(F) Zoonotic diseases;

(G) Decomposition;

(H) Parasites;

(I) Unapproved use of direct or indirect food or color additives; and

(J) Physical hazards.

(2) The HACCP plan.

(a) Every establishment shall develop and implement a written HACCP plan covering each product produced by that establishment whenever a hazard analysis reveals one or more food safety hazards that are reasonably likely to occur, based on the hazard analysis conducted in accordance with section (1) of this rule, including products in the following processing categories:

(A) Slaughter—all species.

(B) Raw product—ground.

(D) Thermally processed—commercially sterile.

(E) Not heat treated—shelf stable.

(F) Heat treated—shelf stable.

(G) Fully cooked—not shelf stable.

(H) Heat treated but not fully cooked—not shelf stable.

(I) Product with secondary inhibitors—not shelf stable.

(b) A single HACCP plan may encompass multiple products within a single processing category identified in this section, if the food safety hazards, critical control points, critical limits, and procedures required to be identified and performed in section (3) of this rule are essentially the same, provided that any required features of the plan that are unique to a specific product are clearly delineated in the plan and are observed in practice.

(c) HACCP plans for thermally processed/commercially sterile products do not have to address the food safety hazards associated with microbiological contamination if the product is produced in accordance with the requirements of OAR 603-029-2600.

(3) The contents of the HACCP plan. The HACCP plan shall, at a minimum:

(a) List the food safety hazards identified in accordance with section (1) of this rule, which must be controlled for each process.

(b) List the critical control points for each of the identified food safety hazards, including, as appropriate:

(A) Critical control points designed to control food safety hazards that could be introduced in the establishment, and

(B) Critical control points designed to control food safety hazards introduced outside the establishment, including food safety hazards that occur before, during, and after entry into the establishment;

(c) List the critical limits that must be met at each of the critical control points. Critical limits shall, at a minimum, be designed to ensure that applicable targets or performance standards established by the Department, and any other requirement set forth in this Division 29 pertaining to the specific process or product, are met;

(d) List the procedures, and the frequency with which those procedures will be performed, that will be used to monitor each of the critical control points to ensure compliance with the critical limits;

(e) Include all corrective actions that have been developed in accordance with OAR 603-029-2210, to be followed in response to any deviation from a critical limit at a critical control point; and

(f) Provide for a recordkeeping system that documents the monitoring of the critical control points. The records shall contain the actual values and observations obtained during monitoring.

(g) List the verification procedures, and the frequency with which those procedures will be performed, that the establishment will use in accordance with OAR 603-029-2215.

(4) Signing and dating the HACCP plan:

(a) The HACCP plan shall be signed and dated by the responsible establishment individual. This signature shall signify that the establishment accepts and will implement the HACCP plan.

(b) The HACCP plan shall be dated and signed:

(A) Upon initial acceptance;

(B) Upon any modification; and

(5) The failure of an establishment to develop and implement a HACCP plan that complies with this section, or to operate in accordance with the requirements of this Division 29, may render the products produced under those conditions adulterated.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2210 Corrective Actions

(1) The written HACCP plan shall identify the corrective action to be followed in response to a deviation from a critical limit. The HACCP plan shall describe the corrective action to be taken, and assign responsibility for taking corrective action, to ensure:

(a) The cause of the deviation is identified and eliminated;

(b) The CCP will be under control after the corrective action is taken;

(d) No product that is injurious to health or otherwise adulterated as a result of the deviation enters commerce.

(2) If a deviation not covered by a specified corrective action occurs, or if another unforeseen hazard arises, the establishment shall:

(a) Segregate and hold the affected product, at least until the requirements of sections (2)(b) and (2)(c) of this rule are met;

(b) Perform a review to determine the acceptability of the affected product for distribution;

(c) Take action, when necessary, with respect to the affected product to ensure that no product that is injurious to health or otherwise adulterated, as a result of the deviation, enters commerce;

(d) Perform or obtain reassessment by an individual trained in accordance with OAR 603-029-2230, to determine whether the newly identified deviation or other unforeseen hazard should be incorporated into the HACCP plan.

(3) All corrective actions taken in accordance with this section shall be documented in records that are subject to verification in accordance with OAR 603-029-2215(1)(b)(C) and the recordkeeping requirements of OAR 603-029-2220.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2215 Validation, Verification, Reassessment

(1) Every establishment shall validate the HACCP plan's adequacy in controlling the food safety hazards identified during the hazard analysis, and shall verify that the plan is being effectively implemented.

(a) Initial validation. Upon completion of the hazard analysis and development of the HACCP plan, the establishment shall conduct activities designed to determine that the HACCP plan is functioning as intended. During this HACCP plan validation period, the establishment shall repeatedly test the adequacy of the CCP's, critical limits, monitoring and recordkeeping procedures, and corrective actions set forth in the HACCP plan. Validation also encompasses reviews of the records themselves, routinely generated by the HACCP system, in the context of other validation activities.

(b) Ongoing verification activities. Ongoing verification activities include, but are not limited to:

(A) The calibration of process-monitoring instruments;

(B) Direct observations of monitoring activities and corrective actions; and

(c)(A) Reassessment of the HACCP plan. Every establishment shall reassess the adequacy of the HACCP plan at least annually and whenever any changes occur that could affect the hazard analysis or alter the HACCP plan. Such changes may include, but are not limited to, changes in: raw materials or source of raw materials; product formulation; slaughter or processing methods or systems; production volume; personnel; packaging; finished product distribution systems; or, the intended use or consumers of the finished product. The reassessment shall be performed by an individual trained in accordance with OAR 603-029-2230. The HACCP plan shall be modified immediately whenever a reassessment reveals that the plan no longer meets the requirements of OAR 603-029-2205(3).

(B) Each establishment must make a record of each reassessment required by section (1)(c)(A) of this rule and must document the reasons for any changes to the HACCP plan based on the reassessment, or the reasons for not changing the HACCP plan based on the reassessment. For annual reassessments, if the establishment determines that no changes are needed to its HACCP plan, it is not required to document the basis for this determination.

(2) Reassessment of the hazard analysis. Any establishment that does not have a HACCP plan because a hazard analysis has revealed no food safety hazards that are reasonably likely to occur shall reassess the adequacy of the hazard analysis whenever a change occurs that could reasonably affect whether a food safety hazard exists. Such changes may include, but are not limited to, changes in: raw materials or source of raw materials; product formulation; slaughter or processing methods or systems; production volume; packaging; finished product distribution systems; or, the intended use or consumers of the finished product.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2220 Records

(1) The establishment shall maintain the following records documenting the establishment's HACCP plan:

(a) The written hazard analysis prescribed in OAR 603-029-2205(1), including all supporting documentation;

(b) The written HACCP plan, including decision making documents associated with the selection and development of CCP's and critical limits, and documents supporting both the monitoring and verification procedures selected and the frequency of those procedures.

(c) Records documenting the monitoring of CCP's and their critical limits, including the recording of actual times, temperatures, or other quantifiable values, as prescribed in the establishment's HACCP plan; the calibration of process-monitoring instruments; corrective actions, including all actions taken in response to a deviation; verification procedures and results; product code(s), product name or identity, or slaughter production lot. Each of these records shall include the date the record was made.

(2) Each entry on a record maintained under the HACCP plan shall be made at the time the specific event occurs and include the date and time recorded, and shall be signed or initialed by the establishment employee making the entry.

(3) Prior to shipping product, the establishment shall review the records associated with the production of that product, documented in accordance with this section, to ensure completeness, including the determination that all critical limits were met and, if appropriate, corrective actions were taken, including the proper disposition of product. Where practicable, this review shall be conducted, dated, and signed by an individual who did not produce the record(s), preferably by someone trained in accordance with OAR 603-029-2230, or the responsible establishment official.

(4) Records maintained on computers. The use of records maintained on computers is acceptable, provided that appropriate controls are implemented to ensure the integrity of the electronic data and signatures.

(5) Record retention. Establishments shall retain all records required by section (1)(c) of this rule as follows:

(a) For slaughter activities for at least one year; for refrigerated product, for at least one year; for frozen, preserved, or shelf-stable products, for at least two years.

(b) Off-site storage of records required by section (1)(c) of this rule is permitted after six months, if such records can be retrieved and provided, on-site, within 24 hours of a Department employee's request.

(6) Official review. All records, plans, and procedures required by OAR 603-029-2200 to 603-029-2235 shall be available for official review and copying.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2225 Inadequate HACCP Systems

A HACCP system may be found to be inadequate if:

(1) The HACCP plan in operation does not meet the requirements set forth in this rule;

(2) Establishment personnel are not performing tasks specified in the HACCP plan;

(3) The establishment fails to take corrective actions, as required by OAR 603-029-2210;

(4) HACCP records are not being maintained as required in OAR 603-029-2220; or

(5) Adulterated product is produced or shipped.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2230 Training

(1) Only an individual who has met the requirements of section (2) of this rule, but who need not be an employee of the establishment, shall be permitted to perform the following functions:

(a) Development of the HACCP plan, in accordance with OAR 603-029-2205(2), which could include adapting a generic model that is appropriate for the specific product; and

(b) Reassessment and modification of the HACCP plan, in accordance with OAR 603-029-2210.

(2) The individual performing the functions listed in section (1) of this rule shall have successfully completed a course of instruction in the application of the seven HACCP principles to meat or poultry product processing, including a segment on the development of a HACCP plan for a specific product and on record review.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2235 Agency Verification

(1) The Department will verify the adequacy of the HACCP plan(s) by determining that each HACCP plan meets the requirements of this rule and all other applicable rules.

(2) Such verification may include:

(a) Reviewing the Hazard Analysis and flow chart;

(b) Reviewing the HACCP plan;

(d) Reviewing and determining the adequacy of corrective actions taken when a deviation occurs;

(e) Reviewing the critical limits;

(f) Reviewing other records pertaining to the HACCP plan or system;

(g) Direct observation or measurement at a CCP;

(h) Sample collection and analysis to determine the product meets all safety standards; and

(i) On-site observations and record review.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2300 Notification

Each state-inspected establishment must promptly notify the Department within 24 hours of learning or determining that an adulterated or misbranded meat, meat product, poultry, or poultry product received by a state-inspected establishment or originating from an official federal establishment, CIS establishment, or state-inspected establishment has entered commerce, if the state-inspected establishment believes or has reason to believe that this has happened. The state-inspected establishment must inform the Department of the type, amount, origin, and destination of the adulterated or misbranded product.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2305 Preparation and Maintenance of Written Recall Procedures

Each state-inspected establishment must prepare and maintain written procedures for the recall of any meat, meat product, poultry, or poultry product produced and shipped by the State-inspected establishment. These written procedures must specify how the State-inspected establishment will decide whether to conduct a product recall, and how the establishment will effect the recall, should it decide that one is necessary.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2310 Records

All records, including records documenting procedures required by this rule, must be available for official review and copying.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2400 Purpose and Scope

This rule of Division 29 prescribes the preparation of meat and meat products. The rules further the purposes of Division 29 by, among other things, preventing the adulteration or misbranding of meat at State-inspected establishments. OAR 603-029-1100 to 603-029-1190, OAR 603-029-1200 to 603-029-1299, OAR 603-029-2405, ORS 619, and ORS 616, specify rules for the use of certain food ingredients (e.g., food additives and color additives) and sources of radiation that may render meat adulterated or misbranded.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2405 Use of Food Ingredients and Sources of Radiation

(1)(a) General. No meat or meat product shall bear or contain any food ingredient that would render it adulterated or misbranded, or which is not approved in this OAR 603-029-2400 to 603-029-2415, OAR 603-029-1100 to 603-029-1190, or OAR 603-029-1200 to 603-029-1299, or by the Department in specific cases.

(b) Carcasses, parts thereof, and products of meat animals may be used in the processing of poultry products only if they were prepared in a state-inspected establishment, a CIS establishment, or an official federal establishment, were inspected and passed in accordance with the Federal Meat Inspection Act and the regulations under such Act (subchapter A of this chapter), and are so marked.

(2)(a) Food ingredients and sources of radiation. Food ingredients and sources of radiation listed or approved for use in the production of meat in 21 CFR chapter I, subchapter A or subchapter B, shall be listed for such use under this rule, subject to declaration requirements in OAR 603-029-0900 to 603-029-0970 and OAR 603-029-1000 to 603-029-1058, unless precluded from such use or further restricted in OAR 603-029-1100 to 603-029-1190 or OAR 603-029-1200 to 603-029-1299, or unless such use otherwise results in the adulteration or misbranding of meat. Food ingredients and sources of radiation listed or approved for use in the production of meat in 21 CFR Chapter I, subchapter A or subchapter B, may be listed or approved for such use under this rule by the Department in OAR 603-029-2405, subject to declaration requirements in OAR 603-029-0900 to 603-029-0970 and OAR 603-029-1000 to 603-029-1058.

(b) No food ingredients or sources of radiation may be used in the preparation of any meat or poultry product, for any purpose, unless the use is listed or approved in 21 CFR chapter I as a direct food additive (21 CFR part 172), a secondary direct food additive (21 CFR part 173), indirect food additive (21 CFR parts 174-178), radiation source (21 CFR part 179), an interim-listed direct food additive (21 CFR part 180), a prior-sanctioned substance (21 CFR part 181), a Generally Recognized As Safe (GRAS) substance (21 CFR parts 182 or 184), or by a rule in this Division 29. OAR 603-029-1200 to 603-029-1299 also specifies other food ingredients that are acceptable in preparing specified products.

(c) No food ingredient, the intended use of which is to impart color in any meat or poultry product, shall be used unless such use is approved in 21 CFR chapter I as a color additive (21 CFR Parts 73, 74, 81, and 82) or in a rule in this Division 29.

(d) Petitions to amend 21 CFR chapter I to provide for uses of food additives, or other substances or sources of radiation necessary in the preparation of meat or poultry products, or food ingredients used to impart color to product, should be sent to the Food and Drug Administration, in accordance with the provisions of 21 CFR parts 71 or 171, as appropriate.

(e) Inquiries concerning the regulatory status under the Federal Food, Drug, and Cosmetic Act of any articles intended for use as components of, or in contact with, meat or poultry products, may be addressed to the Food and Drug Administration, Center for Food Safety and Applied Nutrition, 200 C Street, SW, Washington, DC 20204, or the Department of Agriculture, Food Safety and Inspection Service, Office of Policy, Program Development and Evaluation, Washington, DC 20250-3700.

(f) Inquiries concerning the use in specific meat or poultry products of substances that are not affirmed by the Food and Drug Administration as Generally Recognized as Safe (GRAS) or otherwise listed in 21 CFR part 182 or part 184, or of food or color additives listed in 21 CFR regulations for general use in foods or for use in meat, or poultry products, generally, including mixtures of such substances or additives, should be addressed to the Department of Agriculture, Food Safety and Inspection Service, Office of Policy, Program Development and Evaluation, Washington, DC 20250-3700.

(3) The food ingredients specified in the following chart are approved for use in the preparation of meat products, provided they are used for the purposes indicated, within the limit of the amounts stated, and under other conditions specified in this rule and OAR 603-029-1000 to 603-029-1058. OAR 603-029-1200 to 603-029-1299 specifies other food ingredients that are acceptable in preparing specified meat products. This chart also contains food ingredients that are acceptable for use in poultry products, provided they are used for the purpose indicated, within the limits of the amounts stated and under other conditions specified in this part. No meat or poultry product shall bear or contain any food ingredient that would render it adulterated or misbranded, or which is not approved in this rule, or by the Department in specific cases.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2410 Certain Other Permitted Uses

(1) Under appropriate declaration as required in OAR 603-029-0900 to 603-029-0970 and OAR 603-029-1000 to 603-029-1058, the following substances may be added to meat:

(a) General. Common salt, approved sugars (sucrose, cane or beet sugar), maple sugar, dextrose, invert sugar, honey, corn syrup solids (corn syrup, glucose syrup and fructose), wood smoke, vinegar, flavorings, spices, sodium nitrate, sodium nitrite, potassium nitrate, potassium nitrite, and other food and color additives specified in the chart in section (3) of this rule may be added to meat under conditions, if any, specified in this rule or in OAR 603-029-1000 to 603-029-1058.

(b) Artificial flavorings. Other harmless artificial flavorings may be added to meat, with the approval of the Department in specific cases.

(c) Coloring matter and dyes. Coloring matter and dyes, other than those specified in a regulation permitting that use in this rule or in 21 CFR Chapter I, Subchapter A and Subchapter B, may be applied to meat mixed with rendered fat, applied to natural and artificial casings, and applied to such casings enclosing products, if approved by the Department in specific cases. When any coloring matter or dye is applied to casings, there shall be no penetration of coloring into the product.

(2) Use of nitrite and sodium ascorbate or sodium erythorbate (isoascorbate) in bacon

(a) Pumped bacon. With respect to bacon injected with curing ingredients and massaged bacon, sodium nitrite shall be used at 120 parts per million (ppm) ingoing or an equivalent amount of potassium nitrite shall be used (148 ppm ingoing); and 550 ppm of sodium ascorbate or sodium erythorbate (isoascorbate) shall be used. Sodium ascorbate or sodium erythorbate have a molecular weight of approximately 198. Hydrated forms of these substances shall be adjusted to attain the equivalent of 550 ppm of sodium ascorbate or sodium erythorbate.

(A) The Department shall collect samples of pumped bacon from producing plants and analyze them for the level of nitrosamines by the Thermal Energy Analyzer (TEA). In the event that a TEA analysis indicates that a confirmable level of nitrosamines might be present, additional samples shall be collected and analyzed by gas chromatography. Presumptive positive results must be confirmed by mass spectrometry before being considered positive. If during the interval required for the Department to analyze the confirmatory samples by gas chromatography and mass spectrometry, changes are made in processing procedures which are expected to result in no confirmable levels of nitrosamines in pumped bacon produced by these new procedures, an establishment may submit samples to the Department for analysis upon prior notification and arrangements with the Department. If, however, an establishment furnishes the Department with laboratory results from testing five consecutive lots of pumped bacon produced under the new procedures and the testing is performed by the Department methodology and procedures, those results will be utilized in making the determination concerning the product produced under the new procedures. Should the results of these tests reveal that confirmable levels of nitrosamines are not indicated in any of the five consecutive lots, the confirmation analysis by the Department shall be terminated and the establishment shall revert to normal monitoring status. In the event the test results continue to indicate nitrosamines, however, the Department shall proceed in its confirmation analysis on the original samples taken for confirmation. If any one of the original samples collected by the Department for confirmation is found to contain confirmable levels of nitrosamines, all pumped bacon in the producing establishment and all future production will be retained. The Department shall sample and analyze such retained pumped bacon for nitrosamines on a lot by lot basis. A production lot shall be that pumped bacon produced by the establishment in any single shift. Samples from any lot of pumped bacon under retention found to contain nitrosamines at a confirmable level shall cause the lot of pumped bacon to be disposed of in a manner to ensure it will not form nitrosamines when cooked. Such disposal may include incorporation of the uncooked pumped bacon as an ingredient of another meat provided it is processed for eating without further preparation in a manner to preclude the formation of nitrosamines. Bacon subsequently produced shall not be retained because of nitrosamines if the operator of the establishment makes adjustments in the processing of the product and laboratory results obtained by TEA analysis of samples from five consecutive normal sized lots of pumped bacon indicates that the product being produced contains no confirmable levels of nitrosamines. These tests from five consecutive normal sized lots of pumped bacon shall be conducted by the Department. However, if the establishment furnishes the Department with the results of tests conducted under the methodology and procedures used by the Department, such test results will be utilized in making the determination concerning the nitrosamine content of the product. All tests of pumped bacon for nitrosamines under this paragraph (2)(a)(A) shall be made on pumped bacon cooked at 340 degrees F. for 3 minutes on each side. In order to determine that no confirmable levels of nitrosamines are present in a sample tested, the testing must be performed by methodology and procedures that would detect the presence of any nitrosamines at 10 ppb.

(B) Notwithstanding the provisions of paragraph(2)(a)(A) of this rule, sodium nitrite may be used at:

(i) 100 ppm ingoing (potassium nitrite at 123 ppm ingoing); and 550 ppm sodium ascorbate or sodium erythorbate (isoascorbate) shall be used; or

(ii) A predetermined level between 40 and 80 ppm (potassium nitrite at a level between 49 and 99 ppm); 550 ppm sodium ascorbate or sodium erythorbate (isoascorbate); and additional sucrose or other similar fermentable carbohydrate at a minimum of 0.7 percent and an inoculum of lactic acid producing bacteria such as Pediococcus acetolactii or other bacteria demonstrated to be equally effective in preventing the production of botulinum toxin at a level sufficient for the purpose of preventing the production of botulinum toxin.

(iii) The Department shall collect samples of bacon from establishments producing under paragraph (2)(a)(B) of this rule and analyze them for the level of nitrosamines. Samples shall be randomly selected throughout the production of a lot. The actual sampling plans and methods of analysis that are used will result in approximately the same likelihood as under paragraph (2)(a)(A) of this rule of having a presumptive positive result when the true mean level of nitrosamines in a production lot is 10 ppb. In the event of a presumptive positive result, the establishment shall become subject to the provisions of paragraph (2)(a)(A) of this rule.

(b) Immersion cured bacon. Immersion cured bacon may be placed in a brine solution containing salt, nitrite and flavoring material or in a container with salt, nitrite and flavoring material. Sodium nitrite shall not exceed 120 ppm ingoing or an equivalent amount of potassium nitrite (148 ppm ingoing) based on the actual or estimated skin-free green weight of the bacon bellies.

(c) Bacon made with dry curing materials. With respect to bacon made with dry curing materials, the product shall be cured by applying a premeasured amount of cure mixture to the bacon belly surfaces, completely covering the surfaces. Sodium nitrite shall not exceed 200 ppm ingoing or an equivalent amount of potassium nitrite (246 ppm ingoing) in dry cured bacon based on the actual or estimated skin-free green weight of the bacon belly.

(3) Irradiation of meat products.

(a) General requirements. Meat or meat products may be treated to reduce foodborne pathogens and to extend product shelf-life by the use of sources of ionizing radiation as identified in 21 CFR 179.26(a). State-inspected establishments must irradiate meat and meat products in accordance with 21 CFR 179.26(b), the Hazard Analysis and Critical Control Point (HACCP) system requirements in OAR 603-029-2200 to 603-029-2235, and the provisions of this rule.

(b) Dosimetry. State-inspected establishments that irradiate meat or meat products must have the following procedures in place:

(A) Laboratory operation procedures for determining the absorbed dose value from the dosimeter.

(B) Calibration criteria for verifying the accuracy and consistency of any means of measurement (e.g., time clocks and weight scales).

(C) Calibration and accountability criteria for verifying the traceability and accuracy of dosimeters for the intended purpose, and the verification of calibration at least every 12 months. To confirm traceability, establishments must relate, through documentation, the end point measurement of a dosimeter to recognized standards.

(D) Procedures for ensuring that the product unit is dose mapped to identify the regions of minimum and maximum absorbed dose and such regions are consistent from one product unit to another of like product.

(E) Procedures for accounting for the total absorbed dose received by the product unit (e.g., partial applications of the absorbed dose within one production lot).

(F) Procedures for verifying routine dosimetry, i.e., assuring each production lot receives the total absorbed dose. Establishments may either position one dosimeter at the regions of minimum and maximum absorbed dose (or at one region verified to represent such) on at least the first, middle, and last product unit in each production lot or use statistically based validation and dose mapping to determine the number and placement of dosimeters in each production lot.

(G) Procedures for verifying the relationship of absorbed dose as measured by the dosimeter to time exposure of the product unit to the radiation source.

(H) Procedures for verifying the integrity of the radiation source and processing procedure. Aside from expected and verified radiation source activity decay for radionuclide sources, the radiation source or processing procedure must not be altered, modified, replenished, or adjusted without repeating dose mapping of product units to redefine the regions of minimum and maximum absorbed dose.

(c) Documentation. State-inspected establishments that irradiate meat or meat products must have the following documentation on premises, available to the Department:

(A) Documentation that the irradiation facility is licensed or possesses gamma radiation sources registered with the Nuclear Regulatory Commission (NRC) or the appropriate State government acting under authority granted by the NRC.

(B) Documentation that the machine radiation source irradiation facility is registered with the appropriate State government, if applicable.

(D) Citations or other documents that relate to incidences in which the establishment was found not to comply with Federal or State agency requirements for irradiation facilities.

(E) A certification by the operator that the irradiation facility personnel will only operate under supervision of a person who has successfully completed a course of instruction for operators of food irradiation facilities.

(F) A certification by the operator that the key irradiation personnel, who monitor or control daily operations, have been trained in food technology, irradiation processing, and radiation health and safety.

(G) Guarantees from the suppliers of all food-contact packaging materials that may be subject to irradiation that those materials comply with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).

(d) Labeling. The labels on packages of meat and meat products irradiated in their entirety, in conformance with this section and with 21 CFR 179.26(a) and (b), must bear the logo shown at the end of this paragraph. Unless the word “Irradiated” is part of the product name, labels also must bear a statement such as “Treated with radiation” or “Treated by irradiation.” The logo must be placed in conjunction with the required statement, if the statement is used. The statement is not required to be more prominent than the declaration of ingredients required under OAR 603-029-1004(3)(b). [Image 1, 603-029-2410]

(A) For meat or meat products that have been irradiated in their entirety, but that are not sold in packages, the required logo must be displayed to the purchaser with either the labeling of the bulk container plainly in view or a counter sign, card, or other appropriate device bearing the information that the product has been treated with radiation. In either case, the information must be prominently and conspicuously displayed to purchasers. Unless the word “Irradiated” is part of the product name, the labeling counter sign, card, or other device also must bear a statement such as “Treated with radiation” or “Treated by irradiation.” The logo must be placed in conjunction with the required statement, if the statement is used.

(B) The inclusion of an irradiated meat or meat product ingredient in any multi-ingredient meat or poultry product must be reflected in the ingredient statement on the finished product labeling.

(C) Optional labeling statements about the purpose for radiation processing may be included on the product label in addition to the stated requirements elsewhere in this section, provided that such statements are not false or misleading. Statements that there has been a specific reduction in microbial pathogens must be substantiated by processing documentation.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2415 Prohibited Uses

(1) Substances that conceal damage or inferiority or make products appear better or of greater value. No substance may be used in or on any meat if it conceals damage or inferiority or makes the product appear to be better or of greater value than it is. Therefore:

(a) Paprika or oleoresin paprika may not be used in or on fresh meat, such as steaks, or comminuted fresh meat, such as chopped and formed steaks or patties; or in any other meat consisting of fresh meat (with or without seasoning).

(b) Paprika or oleoresin paprika may be used in or on chorizo sausage and other meat in which paprika or oleoresin paprika is permitted as an ingredient in a standard of identity or composition in OAR 603-029-1200 to 603-029-1299.

(c) Sorbic acid, calcium sorbate, sodium sorbate, and other salts of sorbic acid shall not be used in cooked sausages or any other meat; sulfurous acid and salts of sulfurous acid shall not be used in or on any meat; and niacin or nicotinamide shall not be used in or on fresh meat product; except that potassium sorbate, propylparaben (propyl p-hydroxybenzoate), and calcium propionate, may be used in or on any product, only as provided in this Division 29 .

(2) Nitrates. Nitrates shall not be used in curing bacon.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2500 Definitions

The following definitions apply to OAR 603-029-2500 to 603-029-2505:

(1) “Antimicrobial agent” means a substance in or added to an RTE product that has the effect of reducing or eliminating a microorganism, including a pathogen such as L. monocytogenes, or that has the effect of suppressing or limiting growth of L. monocytogenes in the product throughout the shelf life of the product. Examples of antimicrobial agents added to RTE products are potassium lactate and sodium diacetate.

(2) “Antimicrobial process” means an operation, such as freezing, applied to an RTE product that has the effect of suppressing or limiting the growth of a microorganism, such as L. monocytogenes, in the product throughout the shelf life of the product.

(3) “Deli product” means a ready-to-eat meat or poultry product that typically is sliced, either in a state-inspected establishment or after distribution from a state-inspected establishment, and typically is assembled in a sandwich for consumption.

(4) “Hazard Analysis Critical Control Point” (HACCP) means the HACCP plan in operation, including the HACCP plan itself in accordance with OAR 603-029-2200 to 603-029-2235.

(5) “Hotdog product” means a ready-to-eat meat or poultry frank, frankfurter, or wiener, such as a product defined in OAR 603-029-1248 and 603-029-1252.

(6) “Lethality treatment” means a process, including the application of an antimicrobial agent, that eliminates or reduces the number of pathogenic microorganisms on or in a product to make the product safe for human consumption. Examples of lethality treatments are cooking or the application of an antimicrobial agent or process that eliminates or reduces pathogenic microorganisms.

(7) “Post-lethality exposed product” means ready-to-eat product that comes into direct contact with a food contact surface after the lethality treatment in a post-lethality processing environment.

(8) “Post-lethality processing environment” means the area of an establishment into which product is routed after having been subjected to an initial lethality treatment. The product may be exposed to the environment in this area as a result of slicing, peeling, re-bagging, cooling semi-permeable encased product with a brine solution, or other procedures.

(9) “Post-lethality treatment” means a lethality treatment that is applied or is effective after post-lethality exposure. It is applied to the final product or sealed package of product in order to reduce or eliminate the level of pathogens resulting from contamination from post-lethality exposure.

(10) “Prerequisite program” means a procedure or set of procedures that is designed to provide basic environmental or operating conditions necessary for the production of safe, wholesome food. It is called “prerequisite” because it is considered by scientific experts to be prerequisite to a HACCP) plan in accordance with part 417 of this Division 29.

(11) “Ready-to-eat” (RTE) product means a meat or poultry product that is in a form that is edible without additional preparation to achieve food safety and may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes. RTE product is not required to bear a safe-handling instruction (as required for non-RTE products by OAR 603-029-1004(12)) or other labeling that directs that the product must be cooked or otherwise treated for safety, and can include frozen meat and poultry products.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2505 Control of Listeria Monocytogenes in Post-Lethality Exposed Ready-To-Eat Products

(1) Listeria monocytogenes can contaminate RTE products that are exposed to the environment after they have undergone a lethality treatment. L. monocytogenes is a hazard that a state-inspected establishment producing post-lethality exposed RTE products must control through its HACCP plan or prevent in the processing environment through a Sanitation SOP or other prerequisite program. RTE product is adulterated if it contains L. monocytogenes , or if it comes into direct contact with a food contact surface that is contaminated with L. monocytogenes . Establishments must not release into commerce product that contains L. monocytogenes or that has been in contact with a food contact surface contaminated with L. monocytogenes without first reworking the product using a process that is destructive of L. monocytogenes .

(2) In order to maintain the sanitary conditions necessary to meet this requirement, a state-inspected establishment producing post-lethality exposed RTE product must comply with the requirements included in one of the three following alternatives:

(a) Alternative 1. Use of a post-lethality treatment (which may be an antimicrobial agent) that reduces or eliminates microorganisms on the product and an antimicrobial agent or process that suppresses or limits the growth of L. monocytogenes . If a state-inspected establishment chooses this alternative:

(A) The post-lethality treatment must be included in the state-inspected establishment's HACCP plan. The antimicrobial agent or process used to suppress or limit the growth of the pathogen must be included in either the state-inspected establishment's HACCP plan or its Sanitation SOP or other prerequisite program.

(B) The state-inspected establishment must validate the effectiveness of the post-lethality treatment incorporated in its HACCP plan in accordance with OAR 603-029-2215. The state-inspected establishment must document, either in its HACCP plan or in its Sanitation SOP or other prerequisite program, that the antimicrobial agent or process, as used, is effective in suppressing or limiting growth of L. monocytogenes .

(b) Alternative 2. Use of either a post-lethality treatment (which may be an antimicrobial agent) that reduces or eliminates microorganisms on the product or an antimicrobial agent or process that suppresses or limits growth of L. monocytogenes . If a state-inspected establishment chooses this alternative:

(A) The post-lethality treatment must be included in the state-inspected establishment's HACCP plan. The antimicrobial agent or process used to suppress or limit growth of the pathogen must be included in either the state-inspected establishment's HACCP plan or its Sanitation SOP or other prerequisite program.

(B) The state-inspected establishment must validate the effectiveness of a post-lethality treatment incorporated in its HACCP plan in accordance with OAR 603-029-2215. The state-inspected establishment must document in its HACCP plan or in its Sanitation SOP or other prerequisite program that the antimicrobial agent or process, as used, is effective in suppressing or limiting growth of L. monocytogenes .

(C) If a state-inspected establishment chooses this alternative and chooses to use only an antimicrobial agent or process that suppresses or limits the growth of L. monocytogenes , its sanitation program must:

(i) Provide for testing of food contact surfaces in the post-lethality processing environment to ensure that the surfaces are sanitary and free of L. monocytogenes or of an indicator organism;

(ii) Identify the conditions under which the establishment will implement hold-and-test procedures following a positive test of a food-contact surface for an indicator organism;

(iii) State the frequency with which testing will be done;

(iv) Identify the size and location of the sites that will be sampled; and

(v) Include an explanation of why the testing frequency is sufficient to ensure that effective control of L. monocytogenes or of indicator organisms is maintained.

(D) A state-inspected establishment that chooses this alternative and uses a post-lethality treatment of product will likely be subject to more frequent verification testing by the Department than if it had chosen Alternative 1. A state-inspected establishment that chooses this alternative and uses an antimicrobial agent or process that suppresses or limits the growth of L. monocytogenes will likely be subject to more frequent Department verification testing than if it uses a post-lethality treatment.

(A) If a state-inspected establishment chooses this alternative, its sanitation program must:

(i) Provide for testing of food contact surfaces in the post-lethality processing environment to ensure that the surfaces are sanitary and free of L. monocytogenes or of an indicator organism;

(ii) Identify the conditions under which the establishment will implement hold-and-test procedures following a positive test of a food-contact surface for an indicator organism;

(iii) State the frequency with which testing will be done;

(iv) Identify the size and location of the sites that will be sampled; and

(v) Include an explanation of why the testing frequency is sufficient to ensure that effective control of L. monocytogenes or of indicator organisms is maintained.

(B) A state-inspected establishment producing a deli product or a hotdog product, in addition to meeting the requirements of paragraph (2)(c)(A) of this rule, must meet the following requirements:

(i) The state-inspected establishment must verify that the corrective actions that it takes with respect to sanitation after an initial positive test for L. monocytogenes or an indicator organism on a food contact surface in the post-lethality processing environment are effective by conducting follow-up testing that includes a targeted test of the specific site on the food contact surface area that is the most likely source of contamination by the organism and such additional tests in the surrounding food contact surface area as are necessary to ensure the effectiveness of the corrective actions.

(ii) During this follow-up testing, if the state-inspected establishment obtains a second positive test for an indicator organism, the establishment must hold lots of product that may have become contaminated by contact with the food contact surface until the state-inspected establishment corrects the problem indicated by the test result.

(iii) In order to release into commerce product held under this section, the state-inspected establishment must sample and test the lots for L. monocytogenes or an indicator organism using a sampling method and frequency that will provide a level of statistical confidence that ensures that each lot is not adulterated with L. monocytogenes . The state-inspected establishment must document the results of this testing. Alternatively, the state-inspected establishment may rework the held product using a process that is destructive of L. monocytogenes or the indicator organism.

(C) A state-inspected establishment that chooses Alternative 3 is likely to be subject to more frequent verification testing by the Department than a state-inspected establishment that has chosen Alternative 1 or 2. A state-inspected establishment that chooses Alternative 3 and that produces deli meat or hotdog products is likely to be subject to more frequent verification testing than one that does not produce such products.

(3) For all three alternatives in section (2):

(a) State-inspected establishments may use verification testing that includes tests for L. monocytogenes or an indicator organism, such as Listeria species, to verify the effectiveness of their sanitation procedures in the post-lethality processing environment.

(b) Sanitation measures for controlling L. monocytogenes and procedures for antimicrobial agents or processes that suppress or limit the growth of the pathogen may be incorporated either in the state-inspected establishment's HACCP plan or in its Sanitation SOP or other prerequisite program. When these control procedures are incorporated into the Sanitation SOP or prerequisite program, and not as a CCP in the HACCP plan, the state-inspected establishment must have documentation that supports the decision in its hazard analysis that L. monocytogenes is not a hazard that is reasonably likely to occur.

(c) The state-inspected establishment must maintain sanitation in the post-lethality processing environment in accordance with OAR 603-029-2100 to 603-029-2160.

(d) If L. monocytogenes control measures are included in the HACCP plan, the state-inspected establishment must validate and verify the effectiveness of measures for controlling L. monocytogenes included in its HACCP plan in accordance with OAR 603-029-2215.

(e) If L. monocytogenes control measures are included in the Sanitation SOP, the effectiveness of the measures must be evaluated in accordance with OAR 603-029-2145.

(f) If the measures for addressing L. monocytogenes are addressed in a prerequisite program other than the Sanitation SOP, the state-inspected establishment must include the program and the results produced by the program in the documentation that the state-inspected establishment is required to maintain under OAR 603-029-2220.

(g) The state-inspected establishment must make the verification results that demonstrate the effectiveness of the measures it employs, whether under its HACCP plan or its Sanitation SOP or other prerequisite program, available upon request to Department inspection personnel.

(4) A state-inspected establishment that controls L. monocytogenes by using a post-lethality treatment or an antimicrobial agent or process that eliminates or reduces or suppresses or limits the growth of the organism may declare this fact on the product label provided that the state-inspected establishment has validated the claim.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2600 Definitions

For purposes of OAR 603-029-2600 to 603-029-2655, the following definitions apply:

(1) “Abnormal container” means a container with any sign of swelling or product leakage or any evidence that the contents of the unopened container may be spoiled.

(2) “Acidified low acid product” means a canned product which has been formulated or treated so that every component of the finished product has a pH of 4.6 or lower within 24 hours after the completion of the thermal process unless data are available from the state-inspected establishment's processing authority demonstrating that a longer time period is safe.

(3) “Bleeders” means small orifices on a retort through which steam, other gasses, and condensate are emitted from the retort throughout the entire thermal process.

(4) “Canned product” means a meat or poultry product with a water activity above 0.85 which receives a thermal process either before or after being packed in a hermetically sealed container. Unless otherwise specified, the term “product” as used in OAR 603-029-2600 to 603-029-2655 means “canned product.”

(5) “Closure technician” means the individual(s) identified by the state-inspected establishment as being trained to perform specific container integrity examinations as required by OAR 603-029-2600 to 603-029-2655 and designated by the state-inspected establishment to perform such examinations.

(6) “Code lot” means all production of a particular product in a specific size container marked with a specific container code.

(7) “Come-up time” means the elapsed time, including venting time (if applicable), between the introduction of the heating medium into a closed retort and the start of process timing.

(8) “Critical factor” means any characteristic, condition or aspect of a product, container, or procedure that affects the adequacy of the process schedule. Critical factors are established by processing authorities.

(9) “Headspace” means that portion of a container not occupied by the product.

(a) “Gross headspace” means the vertical distance between the level of the product (generally the liquid surface) in an upright rigid container and the top edge of the container (i.e., the flange of an unsealed can, the top of the double seam on a sealed can, or the top edge of an unsealed jar).

(b) “Net headspace” means the vertical distance between the level of the product (generally the liquid surface) in an upright rigid container and the inside surface of the lid.

(10) “Hermetically sealed containers” means air-tight containers which are designed and intended to protect the contents against the entry of microorganisms during and after thermal processing.

(a) “Rigid container” means a container, the shape or contour of which, when filled and sealed, is neither affected by the enclosed product nor deformed by external mechanical pressure of up to 10 pounds per square inch gauge (0.7 kg/cm2) (i.e., normal firm finger pressure).

(b) “Semirigid container” means a container, the shape or contour of which, when filled and sealed, is not significantly affected by the enclosed product under normal atmospheric temperature and pressure, but can be deformed by external mechanical pressure of less than 10 pounds per square inch gauge (0.7 kg/cm2) (i.e., normal firm finger pressure).

(c) “Flexible container” means a container, the shape or contour of which, when filled and sealed, is significantly affected by the enclosed product.

(11) “Incubation tests” means tests in which the thermally processed product is kept at a specific temperature for a specified period of time in order to determine if outgrowth of microorganisms occurs.

(12) “Initial temperature” (IT) means the temperature, determined at the initiation of a thermal process cycle, of the contents of the coldest container to be processed.

(13) “Low acid product” means a canned product in which any component has a pH value above 4.6.

(14) “Process schedule” means the thermal process and any specified critical factors for a given canned product required to achieve shelf stability.

(15) “Process temperature” means the minimum temperature(s) of the heating medium to be maintained as specified in the process schedule.

(16) “Process time” means the intended time(s) a container is to be exposed to the heating medium while the heating medium is at or above the process temperature(s).

(17) “Processing authority” means the person(s) or organization(s) having expert knowledge of thermal processing requirements for foods in hermetically sealed containers, having access to facilities for making such determinations, and designated by the state-inspected establishment to perform certain functions as indicated in OAR 603-029-2600 to 603-029-2655.

(18) “Retort” means a pressure vessel designed for thermal processing of product packed in hermetically sealed containers.

(19) “Seals” means those parts of a semirigid container and lid or of a flexible container that are fused together in order to hermetically close the container.

(20) “Shelf stability” means the condition achieved by application of heat, sufficient, alone or in combination with other ingredients and/or treatments, to render the product free of microorganisms capable of growing in the product at nonrefrigerated conditions (over 50°F or 10 °C) at which the product is intended to be held during distribution and storage. Shelf stability and shelf stable are synonymous with commercial sterility and commercially sterile, respectively.

(21) “Thermal process” means the heat treatment necessary to achieve shelf stability as determined by the state-inspected establishment's processing authority. It is quantified in terms of:

(a) Time(s) and temperature(s); or

(b) Minimum product temperature.

(22) “Venting” means the removal of air from a retort before the start of process timing.

(23) “Water activity” means the ratio of the water vapor pressure of the product to the vapor pressure of pure water at the same temperature.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2605 Containers and Closures

(1) Examination and handling of empty containers.

(a) Empty containers, closures, and flexible pouch roll stock must be evaluated by the state-inspected establishment to ensure that they are free of structural defects and damage that may affect product or container integrity. Such an examination should be based on a statistical sampling plan.

(b) All empty containers, closures, and flexible pouch roll stock must be stored, handled, and conveyed in such a manner that will prevent damage that could affect the hermetic condition of the sealed container.

(c) Just before filling, rigid containers must be cleaned to prevent incorporation of foreign matter into the finished product. Closures, semirigid containers, preformed flexible pouches, and flexible pouch roll stock contained in original wrappings do not need to be cleaned before use.

(2) Closure examinations for rigid containers (cans)—

(a) Visual examinations. A closure technician must visually examine the double seams formed by each closing machine head. When seam defects (e.g., cutovers, sharpness, knocked down flanges, false seams, droops) are observed, necessary corrective actions, such as adjusting or repairing the closing machine, must be taken. In addition to the double seams, the entire container must be examined for product leakage or obvious defects. A visual examination must be performed on at least one container from each closing machine head, and the observations, along with any corrective actions, must be recorded. Visual examinations must be conducted with sufficient frequency to ensure proper closure and should be conducted at least every 30 minutes of continuous closing machine operation. Additional visual examinations must be made by the closure technician at the beginning of production, immediately following every jam in the closing machine and after closing machine adjustment (including adjustment for changes in container size).

(b) Teardown examinations. Teardown examinations of double seams formed by each closing machine head must be performed by a closure technician at a frequency sufficient to ensure proper closure. These examinations should be made at intervals of not more than 4 hours of continuous closing machine operation. At least one container from each closing head must be examined on the packer's end during each regular examination period. Examination results along with any necessary corrective actions, such as adjusting or repairing the closing machine, must be promptly recorded by the closure technician. The state-inspected establishment must have container specification guidelines for double seam integrity on file and available for review by the Department. A teardown examination of the can maker's end must be performed on at least one container selected from each closing machine during each examination period except when teardown examinations are made on incoming empty containers or when, in the case of self-manufactured containers, the containers are made in the vicinity of the state-inspected establishment and the container plant records are made available to the Department. Additional teardown examinations on the packer's end should be made at the beginning of production, immediately following every jam in a closing machine and after closing machine adjustment (including adjustment for a change in container size). The following procedures must be used in teardown examinations of double seams:

(A) Dimensional measurement. One of the following two methods must be employed for dimensional measurements of the double seam.

(i) Micrometer measurement.

(I) For cylindrical containers, measure the following dimensions (Figure 1 to 603-029-2605) at three points approximately 120 degrees apart on the double seam excluding and at least one-half inch from the side seam juncture:

(I)-(a) Double seam length—W;

(I)-(b) Double seam thickness—S;

(I)-(c) Body hook length—BH; and

(I)-(d) Cover hook length—CH.

(II) Maximum and minimum values for each dimensional measurement must be recorded by the closure technician. [603-209-2605 (1)]

(ii) Seamscope or seam projector. Required measurements of the seam include thickness, body hook, and overlap.

(B) Seam thickness. Seam thickness must be obtained by micrometer. For cylindrical containers, at least two locations, excluding the side seam juncture, must be used to obtain the required measurements.

(C) Seam tightness. Regardless of the dimensional measurement method used to measure seam dimensions, at a minimum, the seam(s) examined must be stripped to assess the degree of wrinkling.

(D) Side seam juncture rating. Regardless of the dimensional measurement method used to measure seam dimensions, the cover hook must be stripped to examine the cover hook droop at the juncture for containers having side seams.

(E) Examination of noncylindrical containers. Examination of noncylindrical containers (e.g., square, rectangular, “D”-shaped, and irregularly-shaped) must be conducted as described in sections (2)(b)(A), (B), (C), and (D) of this rule except that the required dimensional measurements must be made on the double seam at the points listed in the state-inspected establishment's container specification guidelines.

(3) Closure examinations for glass containers

(a) Visual examinations. A closure technician must visually assess the adequacy of the closures formed by each closing machine. When closure defects, such as loose or cocked caps, fractured or cracked containers and low vacuum jars, are observed, necessary corrective actions, such as adjusting or repairing the closing machine must be taken and recorded. In addition to the closures, the entire container must be examined for defects. Visual examinations must be made with sufficient frequency to ensure proper closure and should be conducted at least every 30 minutes of continuous closing machine operation. Additional visual examinations must be made by the closure technician and the observations recorded at the beginning of production, immediately following every jam in the closing machine, and after closing machine adjustment (including adjustment for a change in container size).

(b) Closure examinations and tests. Depending upon the container and closure, tests must be performed by a closure technician at a frequency sufficient to ensure proper closure. These examinations should be made either before or after thermal processing and at intervals of not more than 4 hours of continuous closing machine operation. At least one container from each closing machine must be examined during each regular examination period. Examination results along with any necessary corrective actions, such as adjusting or repairing the closing machine, must be promptly recorded by the closure technician. The state-inspected establishment must have specification guidelines for closure integrity on file and available for review by the Department. Additional closure examinations should be made at the beginning of production, immediately following every jam in the closing machine, and after closing machine adjustment (including adjustment for a change in container size).

(4) Closure examinations for semi-rigid and flexible containers.

(a) Heat seals

(A) Visual examinations. A closure technician must visually examine the seals formed by each sealing machine. When sealing defects are observed, necessary corrective actions, such as adjusting or repairing the sealing machine, must be taken and recorded. In addition to examining the heat seals, the entire container must be examined for product leakage or obvious defects. Visual examinations must be performed before and after the thermal processing operation and with sufficient frequency to ensure proper closure. These examinations should be conducted at least in accordance with a statistical sampling plan. All defects noted and corrective actions taken must be promptly recorded.

(B) Physical tests. Tests determined by the state-inspected establishment as necessary to assess container integrity must be conducted by the closure technician at a frequency sufficient to ensure proper closure. These tests must be performed after the thermal processing operation and should be made at least every 2 hours of continuous production. The state-inspected establishment's acceptance guidelines for each test procedure must be on file and available for review by the Department. Test results along with any necessary corrective actions, such as adjusting or repairing the sealing machine, must be recorded.

(b) Recording. Double seams on semirigid or flexible containers must be examined and the results recorded as provided in section (2) of this rule. Any additional measurements specified by the container manufacturer must also be made and recorded.

(5) Container coding. Each container must be marked with a permanent, legible, identifying code mark. The mark must, at a minimum, identify in code the product (unless the product name is lithographed or printed elsewhere on the container) and the day and year the product was packed.

(6) Handling of containers after closure.

(a) Containers and closures must be protected from damage which may cause defects that are likely to affect the hermetic condition of the containers. The accumulation of stationary containers on moving conveyors should be minimized to avoid damage to the containers.

(b) The maximum time lapse between closure of containers and initiation of thermal processing must be 2 hours unless data are available from the state-inspected establishment's processing authority demonstrating that an alternative time period is safe and will not result in product spoilage.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2610 Thermal Processing

(1) Process schedules. Prior to the processing of canned product for distribution in commerce, a state-inspected establishment must have a process schedule (as defined in OAR 603-029-2600) for each canned meat or poultry product to be packed by the state-inspected establishment.

(2) Source of process schedules:

(a) Process schedules used by a state-inspected establishment must be developed or determined by a processing authority.

(b) Any change in product formulation, ingredients, or treatments that are not already incorporated in a process schedule and that may adversely affect either the product heat penetration profile or sterilization value requirements must be evaluated by the state-inspected establishment's processing authority. If it is determined that any such change adversely affects the adequacy of the process schedule, the processing authority must amend the process schedule accordingly.

(c) Complete records concerning all aspects of the development or determination of a process schedule, including any associated incubation tests, must be made available by the state-inspected establishment to the Department upon request.

(3) Submittal of process information.

(a) Prior to the processing of canned product for distribution in commerce, the state-inspected establishment must provide the inspector at the state-inspected establishment with a list of the process schedules (including alternate schedules) along with any additional applicable information, such as the retort come-up, operating procedures, and critical factors.

(b) Letters or other written communications from a processing authority recommending all process schedules must be maintained on file by the state-inspected establishment. Upon request by the Department, the state-inspected establishment must make available such letters or written communications (or copies thereof). If critical factors are identified in the process schedule, the state-inspected establishment must provide the inspector with a copy of the procedures for measuring, controlling, and recording these factors, along with the frequency of such measurements, to ensure that the critical factors remain within the limits used to establish the process schedule. Once submitted, the process schedules and associated critical factors and the procedures for measuring (including the frequency), controlling, and recording of critical factors must not be changed without the prior written submittal of the revised procedures (including supporting documentation) to the inspector at the state-inspected establishment.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2615 Critical Factors and the Application of the Process Schedule

Critical factors specified in the process schedule must be measured, controlled, and recorded by the state-inspected establishment to ensure that these factors remain within the limits used to establish the process schedule. Examples of factors that are often critical to process schedule adequacy may include:

(1) General.

(a) Maximum fill-in weight or drained weight;

(b) Arrangement of pieces in the container;

(d) Product formulation;

(e) Particle size;

(f) Maximum thickness for flexible containers, and to some extent semirigid containers, during thermal processing;

(g) Maximum pH;

(h) Percent salt;

(i) Ingoing (or formulated) nitrite level (ppm);

(j) Maximum water activity; and

(k) Product consistency or viscosity.

(2) Continuous rotary and batch agitating retorts.

(a) Minimum headspace; and

(b) Retort reel speed.

(3) Hydrostatic retorts.

(a) Chain or conveyor speed.

(4) Steam/air retorts.

(a) Steam/air ratio; and

(b) Heating medium flow rate.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2620 Operations in the Thermal Processing Area

(1) Posting of processes. Process schedules (or operating process schedules) for daily production, including minimum initial temperatures and operating procedures for thermal processing equipment, must be posted in a conspicuous place near the thermal processing equipment. Alternatively, such information must be available to the thermal processing system operator and the inspector.

(2) Process indicators and retort traffic control. A system for product traffic control must be established to prevent product from bypassing the thermal processing operation. Each basket, crate, or similar vehicle containing unprocessed product, or at least one visible container in each vehicle, must be plainly and conspicuously marked with a heat sensitive indicator that will visually indicate whether such unit has been thermally processed. Exposed heat sensitive indicators attached to container vehicles must be removed before such vehicles are refilled with unprocessed product. Container loading systems for crateless retorts must be designed to prevent unprocessed product from bypassing the thermal processing operation.

(3) Initial temperature. The initial temperature of the contents of the coldest container to be processed must be determined and recorded by the state-inspected establishment at the time the processing cycle begins to assure that the temperature of the contents of every container to be processed is not lower than the minimum initial temperature specified in the process schedule. Thermal processing systems which subject the filled and sealed containers to water at any time before process timing begins must be operated to assure that such water will not lower the temperature of the product below the minimum initial temperature specified in the process schedule.

(4) Timing devices. Devices used to time applicable thermal processing operation functions or events, such as process schedule time, come-up time, and retort venting, must be accurate to assure that all such functions or events are achieved. Pocket watches and wrist watches are not considered acceptable timing devices. Analog and digital clocks are considered acceptable. If such clocks do not display seconds, all required timed functions or events must have at least a 1-minute safety factor over the specified thermal processing operation times. Temperature/time recording devices must correspond within 15 minutes to the time of the day recorded on written records required by OAR 603-029-2630.

(5) Measurement of pH. Unless other methods are approved by the Department, potentiometric methods using electronic instruments (pH meters) must be used for making pH determinations when a maximum pH value is specified as a critical factor in a process schedule.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2625 Equipment and Procedures for Heat Processing Systems

(1) Instruments and controls common to different thermal processing systems

(a) Indicating temperature devices. Each retort must be equipped with at least one indicating temperature device that measures the actual temperature within the retort. The indicating temperature device, not the temperature/time recording device, must be used as the reference instrument for indicating the process temperature.

(A) Mercury-in-glass thermometers. A mercury-in-glass thermometer must have divisions that are readable to 1°F (or 0.5 °C) and whose scale contains not more than 17°F/inch (or 4.0 °C/cm) of graduated scale. Each mercury-in-glass thermometer must be tested for accuracy against a known accurate standard upon installation and at least once a year to ensure its accuracy. Records that specify the date, standard used, test method, and the person or testing authority performing the test must be maintained on file by the establishment and made available to the Department. A mercury-in-glass thermometer that has a divided mercury column or that cannot be adjusted to the standard must be repaired and tested for accuracy before further use or replaced.

(B) Other devices. Temperature-indicating devices, such as resistance temperature detectors, used in lieu of mercury-in-glass thermometers, must meet known, accurate standards for such devices when tested for accuracy. The records of such testing must be available to the Department.

(b) Temperature/time recording devices. Each thermal processing system must be equipped with at least one temperature/time recording device to provide a permanent record of temperatures within the thermal processing system. This recording device may be combined with the steam controller and may be a recording/controlling instrument. When compared to the known accurate indicating temperature device, the recording accuracy must be equal to or better than 1°F (or 0.5 °C) at the process temperature. The temperature recording chart should be adjusted to agree with, but must never be higher than, the known accurate indicating temperature device. A means of preventing unauthorized changes in the adjustment must be provided. For example, a lock or a notice from management posted at or near the recording device warning that only authorized persons are permitted to make adjustments, are satisfactory means for preventing unauthorized changes. Air-operated temperature controllers must have adequate filter systems to ensure a supply of clean, dry air. The recorder timing mechanism must be accurate.

(A) Chart-type devices. Devices using charts must be used only with the correct chart. Each chart must have a working scale of not more than 55°F/inch (or 12 °C/cm.) within a range of 20 °F (or 11 °C) of the process temperature. Chart graduations must not exceed 2°F degrees (or 1 °C) within a range of 10°F (or 5 °C) of the process temperature. Multipoint plotting chart-type devices must print temperature readings at intervals that will assure that the parameters of the process time and process temperature have been met. The frequency of recording should not exceed 1-minute intervals.

(B) Other devices. Temperature/time recording devices or procedures used in lieu of chart-type devices must meet known accurate standards for such devices or procedures when tested for accuracy. Such a device must be accurate enough for ensuring that process time and temperature parameters have been met.

(c) Steam controllers. Each retort must be equipped with an automatic steam controller to maintain the retort temperature. This may be a recording/controlling instrument when combined with a temperature/time recording device.

(d) Air valves. All air lines connected to retorts designed for pressure processing in steam must be equipped with a globe valve or other equivalent-type valve or piping arrangement that will prevent leakage of air into the retort during the process cycle.

(e) Water valves. All retort water lines that are intended to be closed during a process cycle must be equipped with a globe valve or other equivalent-type valve or piping arrangement that will prevent leakage of water into the retort during the process cycle.

(2) Pressure processing in steam

(a) Common to batch still, batch agitating, continuous rotary retorts, and hydrostats

(A) Basic requirements. The basic requirements and recommendations for indicating temperature devices and temperature/time recording devices are described in sections (1)(a) and (b) of this rule. Additionally, bulb sheaths or probes of indicating temperature devices and probes of temperature/time recording devices must be installed either within the retort shell or in external wells attached to the retort. External wells must be connected to the retort through at least a 3⁄4 inch (1.9 cm) diameter opening and equipped with a 1⁄16 inch (1.6 mm) or larger bleeder opening so located as to provide a constant flow of steam past the length of the bulb or probe. The bleeder for the external wells must emit steam continuously during the entire thermal processing period.

(B) Steam inlet. The steam inlet to each retort must be large enough to provide steam for proper operation of the retort, and must enter at a point(s) to facilitate air removal during venting.

(C) Bleeder and vent mufflers. If mufflers are used on bleeders or vent systems, the state-inspected establishment must have on file documentation that the mufflers do not impede the removal of air from the retort. Such documentation must consist of either heat distribution data or documentation from the muffler manufacturer or from a processing authority. This information must be made available to the Department for review.

(D) Bleeders. Bleeders, except those for external wells of temperature devices and hydrostatic retorts, must have a 1⁄8 inch (or 3 mm) or larger openings and must be wide open during the entire process, including the come-up time. All bleeders must be arranged so that the retort operator can observe that they are functioning properly. For horizontal retorts, batch agitating retorts, and continuous rotary retorts, bleeders must be located within approximately 1 foot (or 30 cm) of the outmost locations of containers at each end along the top of the retort. Additional bleeders must be located not more than 8 feet (2.4 m) apart along the top. This information must be maintained on file by the state-inspected establishment and made available to the Department for review. Vertical retorts must have at least one bleeder opening located in the portion of the retort opposite the steam inlet. Hydrostatic retorts must have bleeder openings 1⁄4 inch (or 6 mm) or larger which are to be located in the steam chamber(s) opposite the point of steam entry. Bleeders may be installed at positions other than those specified above, as long as the state-inspected establishment has heat distribution data or other documentation from the manufacturer or from a processing authority demonstrating that the bleeders accomplish removal of air and circulate the steam within the retort.

(b) Batch still retorts

(A) Crate supports. Vertical still retorts with bottom steam entry must employ bottom retort crate supports. Baffle plates must not be used in the bottom of retorts.

(B) Steam spreader. Perforated steam spreaders, if used, must be maintained to ensure they are not blocked or otherwise inoperative. Horizontal still retorts must be equipped with perforated steam spreaders that extend the full length of the retort unless the adequacy of another arrangement is documented by heat distribution data or other documentation from a processing authority. Such information must be maintained on file by the state-inspected establishment and made available to the Department for review.

(C) Condensate removal. In retorts having a steam inlet above the level of the lowest container, a bleeder must be installed in the bottom of the retort to remove condensate. The condensate bleeder must be so arranged that the retort operator can observe that it is functioning properly. The condensate bleeder must be checked with sufficient frequency to ensure adequate removal of condensate. Visual checks should be performed at intervals of not more than 15 minutes and the results recorded. Intermittent condensate removal systems must be equipped with an automatic alarm system that will serve as a continuous monitor of condensate bleeder functioning. The automatic alarm system must be tested at the beginning of each shift for proper functioning and the results recorded. If the alarm system is not functioning properly, it must be repaired before the retort is used.

(D) Stacking equipment

(i) Equipment for holding or stacking containers in retorts. Crates, trays, gondolas, carts, and other vehicles for holding or stacking product containers in the retort must be so constructed to ensure steam circulation during the venting, come-up, and process times. The bottom of each vehicle must have perforations at least 1 inch (2.5 cm) in diameter on 2 inch (or 5 cm) centers or the equivalent unless the adequacy of another arrangement is documented by heat distribution data or other documentation from a processing authority and such information is maintained on file by the state-inspected establishment and made available to the Department for review.

(ii) Divider plates. Whenever one or more divider plates are used between any two layers of containers or placed on the bottom of a retort vehicle, the state-inspected establishment must have on file documentation that the venting procedure allows the air to be removed from the retort before timing of the thermal process is started. Such documentation must be in the form of heat distribution data or documentation from a processing authority. This information must be made available to the Department for review.

(E) Vents

(i) Vents must be located in that portion of the retort opposite the steam inlet and must be designed, installed, and operated in such a way that air is removed from the retort before timing of the thermal process is started. Vents must be controlled by a gate, plug cock, or other full-flow valve which must be fully opened to permit rapid removal of air from retorts during the venting period.

(ii) Vents must not be connected to a closed drain system without an atmospheric break in the line. Where a retort manifold connects several pipes from a single retort, the manifold must be controlled by a gate, plug cock, or other full-flow valve and the manifold must be of a size such that the cross-sectional area of the manifold is larger than the total cross-sectional area of all connecting vents. The discharge must not be connected to a closed drain without an atmospheric break in the line. A manifold header connecting vents or manifolds from several still retorts must lead to the atmosphere. The manifold header must not be controlled by a valve and must be of a size such that the cross-sectional area is at least equal to the total cross-sectional area of all connecting retort manifold pipes from the maximum number of retorts to be vented simultaneously.

(iii) Some typical installations and operating procedures are described below. Other retort installations, vent piping arrangements, operating procedures or auxiliary equipment such as divider plates may be used provided there is documentation that the air is removed from the retort before the process is started. Such documentation must be in the form of heat distribution data or other documentation from the equipment manufacturer or processing authority. This information must be maintained on file by the state-inspected establishment and made available to the Department for review.

(iv) For crateless retort installations, the state-inspected establishment must have heat distribution data or other documentation from the equipment manufacturer or from a processing authority that demonstrates that the venting procedure used accomplishes the removal of air and condensate. This information must be maintained on file by the state-inspected establishment and made available to the Department for review.

(v) Examples of typical installations and operating procedures that comply with the requirements of this section are as follows:

(I) Venting horizontal retorts.

(I)-(a) Venting through multiple 1 inch (2.5 cm) vents discharging directly to the atmosphere. [figure 1 to 603-029-2625]

(I)-(b) Venting through multiple 1 inch (2.5 cm) vents discharging through a manifold to the atmosphere. [Figure 2 to 603-029-2625]

(I)-(c) Venting through water spreaders. [Figure 3 to 603-029-2625]

(I)-(d) Venting through a single 2 1⁄2 inch (6.4 cm) top vent for retorts not exceeding 15 feet (4.6 m) in length. [Figure 4 to 603-029-2625]

(II) Venting vertical retorts.

(II)-(a) Venting through a 1 1⁄2 inch (3.8 cm) overflow. [Figure 5 to 603-029-2625]

(II)-(b) Venting through a single 1 inch (2.5 cm) side or top vent. [Figure 6 and 7 to 603-029-2625]

(III) Batch agitating retorts

(III)-(a) Venting and condensate removal. The air in the retort must be removed before processing is started. Heat distribution data or other documentation from the manufacturer or from the processing authority who developed the venting procedure must be kept on file by the state-inspected establishment and made available to the Department for review. At the time the steam is turned on, the drain must be opened to remove steam condensate from the retort. A bleeder must be installed in the bottom of the retort to remove condensate during retort operation. The condensate bleeder must be so arranged that the retort operator can observe that it is functioning properly. The condensate bleeder must be checked with sufficient frequency to ensure adequate removal of condensate. Visual checks should be performed at intervals of not more than 15 minutes and the results recorded. Intermittent condensate removal systems must be equipped with an automatic alarm system that will serve as a continuous monitor of condensate bleeder functioning. The automatic alarm system must be tested at the beginning of each shift for proper functioning and the results recorded. If the alarm system is not functioning properly, it must be repaired before the retort is used.

(III)-(b) Retort or reel speed timing. The retort or reel speed must be checked before process timing begins and, if needed, adjusted as specified in the process schedule. In addition, the rotational speed must be determined and recorded at least once during process timing of each retort load processed. Alternatively, a recording tachometer can be used to provide a continuous record of the speed. The accuracy of the recording tachometer must be determined and recorded at least once per shift by checking the retort or reel speed using an accurate stopwatch. A means of preventing unauthorized speed changes on retorts must be provided. For example, a lock or a notice from management posted at or near the speed adjustment device warning that only authorized persons are permitted to make adjustments is a satisfactory means of preventing unauthorized changes.

(IV) Continuous rotary retorts

(IV)-(a) Venting and condensate removal. The air in the retort must be removed before processing is started. Heat distribution data or other documentation from the manufacturer or from the processing authority who developed the venting procedure must be kept on file by the state-inspected establishment and made available to the Department for review. At the time the steam is turned on, the drain must be opened to remove steam condensate from the retort. A bleeder must be installed in the bottom of the shell to remove condensate during the retort operation. The condensate bleeder must be so arranged that the retort operator can observe that it is functioning properly. The condensate bleeder must be checked with sufficient frequency to ensure adequate removal of condensate. Visual checks should be performed at intervals of not more than 15 minutes and the results recorded. Intermittent condensate removal systems must be equipped with an automatic alarm system that will serve as a continuous monitor of condensate bleeder functioning. The automatic alarm system must be tested at the beginning of each shift for proper functioning and the results recorded. If the alarm system is not functioning properly, it must be repaired before the retort is used.

(IV)-(b) Retort speed timing. The rotational speed of the retort must be specified in the process schedule. The speed must be adjusted as specified, and recorded by the state-inspected establishment when the retort is started, and checked and recorded at intervals not to exceed 4 hours to ensure that the correct retort speed is maintained. Alternatively, a recording tachometer may be used to provide a continuous record of the speed. If a recording tachometer is used, the speed must be manually checked against an accurate stopwatch at least once per shift and the results recorded. A means of preventing unauthorized speed changes on retorts must be provided. For example, a lock or a notice from management posted at or near the speed adjustment device warning that only authorized persons are permitted to make adjustments is a satisfactory means of preventing unauthorized changes.

(V) Hydrostatic retorts

(V)-(a) Basic requirements. The basic requirements for indicating temperature devices and temperature/time recording devices are described in sections (1)(a) and (b) of this rule. Additionally, indicating temperature devices must be located in the steam dome near the steam/water interface. Where the process schedule specifies maintenance of particular water temperatures in the hydrostatic water legs, at least one indicating temperature device must be located in each hydrostatic water leg so that it can accurately measure water temperature and be easily read. The temperature/time recorder probe must be installed either within the steam dome or in a well attached to the dome. Each probe must have a 1⁄16 inch (1.6 mm) or larger bleeder opening which emits steam continuously during the processing period. Additional temperature/time recorder probes must be installed in the hydrostatic water legs if the process schedule specifies maintenance of particular temperatures in these water legs.

(V)-(b) Steam inlet. The steam inlets must be large enough to provide steam for proper operation of the retort.

(V)-(c) Bleeders. Bleeder openings 1⁄4 inch (or 6 mm) or larger must be located in the steam chamber(s) opposite the point of steam entry. Bleeders must be wide open and must emit steam continuously during the entire process, including the come-up time. All bleeders must be arranged in such a way that the operator can observe that they are functioning properly.

(V)-(d) Venting. Before the start of processing operations, the retort steam chamber(s) must be vented to ensure removal of air. Heat distribution data or other documentation from the manufacturer or from a processing authority demonstrating that the air is removed from the retort prior to processing must be kept on file at the state-inspected establishment and made available to the Department for review.

(V)-(e) Conveyor speed. The conveyor speed must be calculated to obtain the required process time and recorded by the state-inspected establishment when the retort is started. The speed must be checked and recorded at intervals not to exceed 4 hours to ensure that the correct conveyor speed is maintained. A recording device may be used to provide a continuous record of the conveyor speed. When a recording device is used, the speed must be manually checked against an accurate stopwatch at least once per shift by the state-inspected establishment. A means of preventing unauthorized speed changes of the conveyor must be provided. For example, a lock or a notice from management posted at or near the speed adjustment device warning that only authorized persons are permitted to make adjustments is a satisfactory means of preventing unauthorized changes.

(V)-(f) Bleeders and vent mufflers. If mufflers are used on bleeders or vent systems, the state-inspected establishment must have documentation that the mufflers do not impede the removal of air from the retort. Such documentation must consist of either heat distribution data or other documentation from the muffler manufacturer or from a processing authority. This information must be maintained on file by the state-inspected establishment and made available to the Department for review.

(3) Pressure processing in water

(a) Common to batch still and agitating retorts

(A) Basic requirements. The basic requirements for indicating temperature devices and temperature/time recording devices are described in sections (1)(a) and (b) of this rule.

(B) Pressure recording device. Each retort must be equipped with a pressure recording device which may be combined with a pressure controller.

(C) Heat distribution. Heat distribution data or other documentation from the equipment manufacturer or a processing authority demonstrating uniform heat distribution within the retort must be kept on file at the state-inspected establishment and made available to the Department for review.

(D) Drain valve. A non-clogging, water-tight drain valve must be used. Screens must be installed over all drain openings.

(b) Batch still retorts

(A) Temperature device bulbs and probes. The indicating temperature device bulbs or probes must be located in such a position that they are beneath the surface of the water throughout the process. On horizontal retorts, the indicating temperature device bulb or probe must be inserted directly into the retort shell. In both vertical and horizontal retorts, the indicating temperature device bulb or probe must extend directly into the water a minimum of 2 inches (or 5 cm) without a separable well or sleeve. In vertical retorts equipped with a recorder/controller, the controller probe must be located at the bottom of the retort below the lowest crate rest in such a position that the steam does not strike it directly. In horizontal retorts so equipped, the controller probe must be located between the water surface and the horizontal plane passing through the center of the retort so that there is no opportunity for direct steam impingement on the controller probe. Air-operated temperature controllers must have filter systems to ensure a supply of clean, dry air.

(B) Crate supports. A bottom crate support must be used in vertical retorts. Baffle plates must not be used in the bottom of the retort.

(C) Stacking equipment. For filled flexible containers and, where applicable, semi-rigid containers, stacking equipment must be designed to ensure that the thickness of the filled containers does not exceed that specified in the process schedule and that the containers do not become displaced and overlap or rest on one another during the thermal process.

(D) Water level. There must be a means of determining the water level in the retort during operation (i.e., by using a gauge, electronic sensor, or sight glass indicator). For retorts requiring complete immersion of containers, water must cover the top layer of containers during the entire come-up time and thermal processing periods and should cover the top layer of containers during cooling. For retorts using cascading water or water sprays, the water level must be maintained within the range specified by the retort manufacturer or processing authority during the entire come-up, thermal processing, and cooling periods. A means to ensure that water circulation continues as specified throughout the come-up, thermal processing, and cooling periods must be provided. The retort operator must check and record the water level at intervals to ensure it meets the specified processing parameters.

(E) Air supply and controls. In both horizontal and vertical still retorts, a means must be provided for introducing compressed air or steam at the pressure required to maintain container integrity. Compressed air and steam entry must be controlled by an automatic pressure control unit. A non-return valve must be provided in the air supply line to prevent water from entering the system. Overriding air or steam pressure must be maintained continuously during the come-up, thermal processing, and cooling periods. If air is used to promote circulation, it must be introduced into the steam line at a point between the retort and the steam control valve at the bottom of the retort. The adequacy of the air circulation for maintaining uniform heat distribution within the retort must be documented by heat distribution data or other documentation from a processing authority, and such data must be maintained on file by the state-inspected establishment and made available to the Department for review.

(F) Water recirculation. When a water recirculation system is used for heat distribution, the water must be drawn from the bottom of the retort through a suction manifold and discharged through a spreader that extends the length or circumference of the top of the retort. The holes in the water spreader must be uniformly distributed. The suction outlets must be protected with screens to keep debris from entering the recirculation system. The pump must be equipped with a pilot light or a similar device to warn the operator when it is not running, and with a bleeder to remove air when starting operations. Alternatively, a flow-meter alarm system can be used to ensure proper water circulation. The adequacy of water circulation for maintaining uniform heat distribution within the retort must be documented by heat distribution or other documentation from a processing authority, and such data must be maintained on file by the state-inspected establishment and made available to the Department for review. Alternative methods for recirculation of water in the retort may be used, provided there is documentation in the form of heat distribution data or other documentation from a processing authority maintained on file by the state-inspected establishment and made available to the Department for review.

(G) Cooling water entry. In retorts for processing product packed in glass jars, the incoming cooling water should not directly strike the jars, in order to minimize glass breakage by thermal shock.

(A) Temperature device bulbs and probes. The indicating temperature device bulb or probe must extend directly into the water without a separable well or sleeve. The recorder/controller probe must be located between the water surface and the horizontal plane passing through the center of the retort so that there is no opportunity for steam to directly strike the controller bulb or probe.

(B) Stacking equipment. All devices used for holding product containers (e.g., crates, trays, divider plates) must be so constructed to allow the water to circulate around the containers during the come-up and thermal process periods.

(C) Water level. There must be a means of determining the water level in the retort during operation (i.e., by using a gauge, electronic sensor, or sight glass indicator). Water must completely cover all containers during the entire come-up, thermal processing, and cooling periods. A means to ensure that water circulation continues as specified throughout the come-up, thermal processing, and cooling periods must be provided. The retort operator must check and record the adequacy of the water level with sufficient frequency to ensure it meets the specified processing parameters.

(D) Air supply and controls. Retorts must be provided with a means for introducing compressed air or steam at the pressure required to maintain container integrity. Compressed air and steam entry must be controlled by an automatic pressure control unit. A non-return valve must be provided in the air supply line to prevent water from entering the system. Overriding air or steam pressure must be maintained continuously during the come-up, thermal processing, and cooling periods. If air is used to promote circulation, it must be introduced into the steam line at a point between the retort and the steam control valve at the bottom of the retort. The adequacy of the air circulation for maintaining uniform heat distribution within the retort must be documented by heat distribution data or other documentation from a processing authority, and such data must be maintained on file by the state-inspected establishment and made available to the Department for review.

(E) Retort or reel speed timing. The retort or reel speed timing must be checked before process timing begins and, if needed, adjusted as specified in the process schedule. In addition, the rotational speed must be determined and recorded at least once during process timing of each retort load processed. Alternatively, a recording tachometer can be used to provide a continuous record of the speed. The accuracy of the recording tachometer must be determined and recorded at least once per shift by the state-inspected establishment by checking the retort or reel speed using an accurate stopwatch. A means of preventing unauthorized speed changes on retorts must be provided. For example, a lock or a notice from management posted at or near the speed adjustment device warning that only authorized persons are permitted to make adjustments is a satisfactory means of preventing unauthorized changes.

(F) Water recirculation. If a water recirculation system is used for heat distribution, it must be installed in such a manner that water will be drawn from the bottom of the retort through a suction manifold and discharged through a spreader which extends the length of the top of the retort. The holes in the water spreader must be uniformly distributed. The suction outlets must be protected with screens to keep debris from entering the recirculation system. The pump must be equipped with a pilot light or a similar device to warn the operator when it is not running and with a bleeder to remove air when starting operations. Alternatively, a flow-meter alarm system can be used to ensure proper water circulation. The adequacy of water circulation for maintaining uniform heat distribution within the retort must be documented by heat distribution data or other documentation from a processing authority, and such data must be maintained on file by the state-inspected establishment and made available to the Department for review. Alternative methods for recirculation of water in the retort may be used provided there is documentation in the form of heat distribution data or other documentation from a processing authority maintained on file by the state-inspected establishment and made available to the Department for review.

(G) Cooling water entry. In retorts for processing product packed in glass jars, the incoming cooling water should not directly strike the jars, in order to minimize glass breakage by thermal shock.

(4) Pressure processing with steam/air mixtures in batch retorts

(a) Basic requirements. The basic requirements for indicating temperature devices and temperature/time recording devices are described in sections (1)(a) and (b) of this rule. Additionally, bulb sheaths or probes for indicating temperature devices and temperature/time recording devices or controller probes must be inserted directly into the retort shell in such a position that steam does not strike them directly.

(b) Recording pressure controller. A recording pressure controller must be used to control the air inlet and the steam/air mixture outlet.

(c) Circulation of steam/air mixtures. A means must be provided for the circulation of the steam/air mixture to prevent formation of low-temperature pockets. The efficiency of the circulation system must be documented by heat distribution data or other documentation from a processing authority, and such data must be maintained on file by the state-inspected establishment and made available to the Department for review. The circulation system must be checked to ensure its proper functioning and must be equipped with a pilot light or a similar device to warn the operator when it is not functioning. Because of the variety of existing designs, reference must be made to the equipment manufacturer for details of installation, operation, and control.

(5) Atmospheric cookers

(a) Temperature/time recording device. Each atmospheric cooker (e.g., hot water bath) must be equipped with at least one temperature/time recording device in accordance with the basic requirements described in section (1)(b) of this rule.

(b) Heat distribution. Each atmospheric cooker must be equipped and operated to ensure uniform heat distribution throughout the processing system during the thermal process. Heat distribution data or other documentation from the manufacturer or a processing authority demonstrating uniform heat distribution within the cooker must be kept on file by the state-inspected establishment and made available to the Department for review.

(6) Other systems. All other systems not specifically delineated in this rule and used for the thermal processing of canned product must be adequate to produce shelf-stable products consistently and uniformly.

(7) Equipment maintenance

(a) Upon installation, all instrumentation and controls must be checked by the state-inspected establishment for proper functioning and accuracy and, thereafter, at any time their functioning or accuracy is suspect.

(b) At least once a year each thermal processing system must be examined by an individual not directly involved in daily operations to ensure the proper functioning of the system as well as all auxiliary equipment and instrumentation. In addition, each thermal processing system should be examined before the resumption of operation following an extended shutdown.

(c) Air and water valves that are intended to be closed during thermal processing must be checked by the state-inspected establishment for leaks. Defective valves must be repaired or replaced as needed.

(d) Vent and bleeder mufflers must be checked and maintained or replaced by the state-inspected establishment to prevent any reduction in bleeder efficiency.

(e) When water spreaders are used for venting, a maintenance schedule must be developed and implemented to assure that the holes are maintained at their original size.

(f) Records must be kept on all maintenance items that could affect the adequacy of the thermal process. Records must include the date and type of maintenance performed and the person conducting the maintenance.

(8) Container cooling and cooling water.

(a) Potable water must be used for cooling except as provided for in sections (8)(b) and (c) of this rule.

(b) Cooling canal water must be chlorinated or treated with a chemical having a bactericidal effect equivalent to chlorination. There must be a measurable residual of the sanitizer in the water at the discharge point of the canal. Cooling canals must be cleaned and replenished with potable water to prevent the buildup of organic matter and other materials.

(c) Container cooling waters that are recycled or reused must be handled in systems that are so designed, operated, and maintained so there is no buildup of microorganisms, organic matter, and other materials in the systems and in the waters. System equipment, such as pipelines, holding tanks and cooling towers, must be constructed and installed so that they can be cleaned and inspected. In addition, the state-inspected establishment must maintain, and make available to the Department for review, information on at least the following:

(A) System design and construction;

(B) System operation including the rates of renewal with fresh, potable water and the means for treating the water so that there is a measurable residual of an acceptable sanitizer, per section (8)(b) of this rule, in the water at the point where the water exits the container cooling vessel;

(D) Water quality standards, such as microbiological, chemical and physical, monitoring procedures including the frequency and site(s) of sampling, and the corrective actions taken when water quality standards are not met.

(9) Post-process handling of containers. Containers must be handled in a manner that will prevent damage to the hermetic seal area. All worn and frayed belting, can retarders, cushions, and the like must be replaced with nonporous materials. To minimize container abrasions, particularly in the seal area, containers should not remain stationary on moving conveyors. All post-process container handling equipment should be kept clean so there is no buildup of microorganisms on surfaces in contact with the containers.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2630 Processing and Production Records

At least the following processing and production information must be recorded by the state-inspected establishment: Date of production; product name and style; container code; container size and type; and the process schedule, including the minimum initial temperature. Measurements made to satisfy the requirements of OAR 603-029-2615 regarding the control of critical factors must be recorded. In addition, where applicable, the following information and data must also be recorded:

(1) Processing in steam

(a) Batch still retorts. For each retort batch, record the retort number or other designation, the approximate number of containers or the number of retort crates per retort load, product initial temperature, time steam on, the time and temperature vent closed, the start of process timing, time steam off, and the actual processing time. The indicating temperature device and the temperature recorder must be read at the same time at least once during process timing and the observed temperatures recorded.

(b) Batch agitating retorts. In addition to recording the information required for batch still steam retorts in subsection (1)(a) of this rule, record the functioning of the condensate bleeder(s) and the retort or reel speed.

(c) Continuous rotary retorts. Record the retort system number, the approximate total number of containers retorted, product initial temperature, time steam on, the time and temperature vent closed, time process temperature reached, the time the first can enters and the time the last can exits the retort. The retort or reel speed must be determined and recorded at intervals not to exceed 4 hours. Readings of the indicating temperature device(s) and temperature recorder(s) must be made and recorded at the time the first container enters the retort and thereafter with sufficient frequency to ensure compliance with the process schedule. These observations should be made and recorded at intervals not exceeding 30 minutes of continuous retort operation. Functioning of the condensate bleeder(s) must be observed and recorded at the time the first container enters the retort and thereafter.

(d) Hydrostatic retorts. Record the retort system number, the approximate total number of containers retorted, product initial temperature, time steam on, the time and temperature vent(s) closed, time process temperature reached, time first containers enter the retort, time last containers exit the retort, and, if specified in the process schedule, measurements of temperatures in the hydrostatic water legs. Readings of the temperature indicating device, which is located in the steam/water interface, and the temperature recording device must be observed and the temperatures recorded at the time the first containers enter the steam dome. Thereafter, these instruments must be read and the temperatures recorded with sufficient frequency to ensure compliance with the temperature specified in the process schedule and should be made at least every hour of continuous retort operation. Container conveyor speed, and for agitating hydrostatic retorts, the rotative chain speed, must be determined and recorded at intervals of sufficient frequency to ensure compliance with the process schedule and should be performed at least every 4 hours.

(2) Processing in water

(a) Batch still retorts. For each retort batch, record the retort number or other designation, the approximate number of containers or number of retort crates per retort load, product initial temperature, time steam on, the start of process timing, water level, water recirculation rate (if critical), overriding pressure maintained, time steam off, and actual processing time. The indicating temperature device and the temperature recorder must be read at the same time at least once during process timing and the observed temperatures recorded.

(b) Batch agitating retorts. In addition to recording the information required in section (2)(a) of this rule, record the retort or reel speed.

(3) Processing in steam/air mixtures. For each retort batch, record the retort number or other designation, the approximate number of containers or number of retort crates per retort load, product initial temperature, time steam on, venting procedure, if applicable, the start of process timing, maintenance of circulation of the steam/air mixture, air flow rate or forced recirculation flow rate (if critical), overriding pressure maintained, time steam off, and actual processing time. The indicating temperature device and the temperature recorder must be read at the same time at least once during process timing and the observed temperatures recorded.

(4) Atmospheric cookers

(a) Batch-type systems. For each cooker batch, record the cooker number or other designation and the approximate number of containers. In addition, record all critical factors of the process schedule such as cooker temperature, initial temperature, the time the thermal process cycle begins and ends, hold time, and the final internal product temperature.

(b) Continuous-type systems. Record the cooker number or other designation, the time the first containers enter and the last containers exit a cooker, and the approximate total number of containers processed. In addition, record all critical factors of the process schedule such as the initial temperature, cooker speed, and final internal product temperature.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2635 Record Review And Maintenance

(1) Process records. Charts from temperature/time recording devices must be identified by production date, container code, processing vessel number or other designation, and other data as necessary to enable correlation with the records required in OAR 603-029-2630. Each entry on a record must be made at the time the specific event occurs, and the recording individual must sign or initial each record form. No later than 1 working day after the actual process, the state-inspected establishment must review all processing and production records to ensure completeness and to determine if all product received the process schedule. All records, including the temperature/time recorder charts and critical factor control records, must be signed or initialed and dated by the person conducting the review. All processing and production records required in this OAR 603-029-2600 to 603-029-2655 must be made available to the Department for review.

(2) Automated process monitoring and recordkeeping. Automated process monitoring and recordkeeping systems must be designed and operated in a manner that will ensure compliance with the applicable requirements of OAR 603-029-2630.

(3) Container closure records. Written records of all container closure examinations must specify the container code, the date and time of container closure examination, the measurement(s) obtained, and any corrective actions taken. Records must be signed or initialed by the container closure technician and must be reviewed and signed by the state-inspected establishment within 1 working day after the actual production to ensure that the records are complete and that the closing operations have been properly controlled. All container closure examination records required in this subpart must be made available to the Department for review.

(4) Distribution of product. Records must be maintained by the establishment identifying initial distribution of the finished product to facilitate, if necessary, the segregation of specific production lots that may have been contaminated or are otherwise unsound for their intended use.

(5) Retention of records. Copies of all processing and production records required in OAR 603-029-2630 must be retained for no less than 1 year at the establishment, and for an additional 2 years at the state-inspected establishment or other location from which the records can be made available to the Department within 3 working days.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2640 Deviations in Processing

(1) Whenever the actual process is less than the process schedule or when any critical factor does not comply with the requirements for that factor as specified in the process schedule, it must be considered a deviation in processing.

(2) Deviations in processing (or process deviations) must be handled according to:

(a) A HACCP plan for canned product that addresses hazards associated with microbial contamination; or,

(b) Alternative documented procedures that will ensure that only safe and stable product is shipped in commerce; or

(3) Procedures for handling process deviations where the HACCP plan for thermally processed/commercially sterile product does not address food safety hazards associated with microbial contamination or where the state-inspected establishment has no alternative documented procedures for handling process deviations.

(a) Deviations identified in-process. If a deviation is noted at any time before the completion of the intended process schedule, the state-inspected establishment must:

(A) Immediately reprocess the product using the full process schedule; or

(B) Use an appropriate alternate process schedule provided such a process schedule has been established in accordance with OAR 603-029-2610(1) and (2) and is filed with the inspector in accordance with OAR 603-029-2610(3); or

(C) Hold the product involved and have the deviation evaluated by a processing authority to assess the safety and stability of the product. Upon completion of the evaluation, the state-inspected establishment must provide the inspector the following:

(i) A complete description of the deviation along with all necessary supporting documentation;

(ii) A copy of the evaluation report; and

(iii) A description of any product disposition actions, either taken or proposed.

(D) Product handled in accordance with paragraph (3)(a)(C) of this rule must not be shipped from the state-inspected establishment until the Department has reviewed all of the information submitted and approved the product disposition actions.

(E) If an alternate process schedule is used that is not on file with the inspector or if an alternate process schedule is immediately calculated and used, the product must be set aside for further evaluation in accordance with paragraphs (3)(a)(C) and (D) of this rule.

(F) When a deviation occurs in a continuous rotary retort, the product must be handled in accordance with paragraphs (3)(a)(C) and (D) of this rule or in accordance with the following procedures:

(i) Emergency stops.

(I) When retort jams or breakdowns occur during the processing operations, all containers must be given an emergency still process (developed per OAR 603-029-2610(2)) before the retort is cooled or the retort must be cooled promptly and all containers removed and either reprocessed, repacked and reprocessed, or destroyed. Regardless of the procedure used, containers in the retort intake valve and in transfer valves between retort shells at the time of a jam or breakdown must be removed and either reprocessed, repacked and reprocessed and or destroyed. Product to be destroyed must be handled as “Oregon Inspected and Condemned,” as defined in OAR 603-029-0010 and disposed of in accordance with OAR 603-029-0800 to 603-029-0850.

(II) The time the retort reel stopped and the time the retort is used for an emergency still retort process must be noted on the temperature/time recording device and entered on the other production records required in OAR 603-029-2630.

(ii) Temperature drops. When the retort temperature drops below the temperature specified in the process schedule, the reel must be stopped and the following actions must be taken:

(I) For temperature drops of less than 10 °F (or 5.5 °C) either:

(I)-(a) All containers in the retort must be given an emergency still process (developed per OAR 603-029-2610(2)) before the reel is restarted;

(I)-(b) Container entry to the retort must be prevented and an emergency agitating process (developed per OAR 603-029-2610(2)) must be used before container entry to the retort is restarted; or

(I)-(c) Container entry to the retort must be prevented and the reel restarted to empty the retort. The discharged containers must be reprocessed, repacked and reprocessed, or destroyed. Product to be destroyed must be handled as “Oregon Inspected and Condemned,” as defined in OAR 603-029-0010 and disposed of in accordance with OAR 603-029-0800 to 603-029-0850.

(II) For temperature drops of 10 °F (or 5.5 °C) or more, all containers in the retort must be given an emergency still process (developed per OAR 603-029-2610(2)). The time the reel was stopped and the time the retort was used for a still retort process must be marked on the temperature/time recording device by the state-inspected establishment and entered on the other production records required in OAR 603-029-2630. Alternatively, container entry to the retort must be prevented and the reel restarted to empty the retort. The discharged containers must be either reprocessed, repacked and reprocessed, or destroyed. Product to be destroyed must be handled as “Oregon Inspected and Condemned,” as defined in OAR 603-029-0010 and disposed of in accordance with OAR 603-029-0800 to 603-029-0850.

(b) Deviations identified through record review. Whenever a deviation is noted during review of the processing and production records required by OAR 603-029-2635(1) and (2), the state-inspected establishment must hold the product involved and the deviation must be handled in accordance with paragraphs (3)(a)(C) and (D) of this rule.

(4) Process deviation file. The state-inspected establishment must maintain full records regarding the handling of each deviation. Such records must include, at a minimum, the appropriate processing and production records, a full description of the corrective actions taken, the evaluation procedures and results, and the disposition of the affected product. Such records must be maintained in a separate file or in a log that contains the appropriate information. The file or log must be retained in accordance with OAR 603-029-2635 and must be made available to the Department upon request.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2645 Finished Product Inspection

(1) Finished product inspections must be handled according to:

(a) An HACCP plan for canned product that addresses hazards associated with microbiological contamination;

(b) Alternative documented procedures that will ensure that only safe and stable product is shipped in commerce; or

(2) Procedures for handling finished product inspections where the HACCP plan for thermally processed/commercially sterile product does not address food safety hazards associated with microbial contamination or where the state-inspected establishment has no alternative documented procedures for handling process deviations.

(a) Incubation of shelf stable canned product

(A) Incubator. The state-inspected establishment must provide incubation facilities which include an accurate temperature/time recording device, an indicating temperature device, a means for the circulation of the air inside the incubator to prevent temperature variations, and a means to prevent unauthorized entry into the facility. The Department is responsible for the security of the incubator.

(B) Incubation temperature. The incubation temperature must be maintained at 95±5 °F (35±2.8 °C). If the incubation temperature falls below 90 °F (or 32 °C) or exceeds 100 °F (or 38 °C) but does not reach 103 °F (or 39.5 °C), the incubation temperature must be adjusted within the required range and the incubation time extended for the time the sample containers were held at the deviant temperature. If the incubation temperature is at or above 103 °F (or 39.5 °C) for more than 2 hours, the incubation test(s) must be terminated, the temperature lowered to within the required range, and new sample containers incubated for the required time.

(i) Low acid products as defined in OAR 603-029-2600; and

(ii) Acidified low acid products as defined in OAR 603-029-2600.

(D) Incubation samples. (A) From each load of product processed in a batch-type thermal processing system (still or agitation), the state-inspected establishment must select at least one container for incubation.

(i) From each load of product processed in a batch-type thermal processing system (still or agitation), the establishment must select at least one container for incubation.

(ii) For continuous rotary retorts, hydrostatic retorts, or other continuous-type thermal processing systems, the state-inspected establishment must select at least one container per 1,000 for incubation.

(iii) Only normal-appearing containers must be selected for incubation.

(E) Incubation time. Canned product requiring incubation must be incubated for not less than 10 days (240 hours) under the conditions specified in paragraph (2)(a)(B) of this section.

(F) Incubation checks and record maintenance. Designated state-inspected establishment employees must visually check all containers under incubation each working day and the inspector must be notified when abnormal containers are detected. All abnormal containers should be allowed to cool before a final decision on their condition is made. For each incubation test the establishment must record at least the product name, container size, container code, number of containers incubated, in and out dates, and incubation results. The state-inspected establishment must retain such records, along with copies of the temperature/time recording charts, in accordance with OAR 603-029-2635(4).

(G) Abnormal containers. The finding of abnormal containers (as defined in OAR 603-029-2600) among incubation samples is cause to officially retain at least the code lot involved.

(H) Shipping. No product must be shipped from the state-inspected establishment before the end of the required incubation period. A state-inspected establishment wishing to ship product prior to the completion of the required incubation period must submit a written proposal to the Department. Such a proposal must include provisions that will assure that shipped product will not reach the retail level of distribution before sample incubation is completed and that product can be returned promptly to the state-inspected establishment should such action be deemed necessary by the incubation test results. Upon receipt of written approval from the Department, product may be routinely shipped provided the state-inspected establishment continues to comply with all requirements of OAR 603-029-2600 to 603-029-2655.

(3) Container condition

(a) Normal containers. Only normal-appearing containers must be shipped from a state-inspected establishment as determined by an appropriate sampling plan or other means acceptable to the Department.

(b) Abnormal containers. When abnormal containers are detected by any means other than incubation, the state-inspected establishment must inform the inspector, and the affected code lot(s) must not be shipped until the Department has determined that the product is safe and stable. Such a determination will take into account the cause and level of abnormals in the affected lot(s) as well as any product disposition actions either taken or proposed by the establishment.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2650 Personnel and Training

All operators of thermal processing systems specified in OAR 603-029-2625 and container closure technicians must be under the direct supervision of a person who has successfully completed a school of instruction that is generally recognized as adequate for properly training supervisors of canning operations.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.055, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2655 Recall Procedure

State-inspected establishments must prepare and maintain a current procedure for the recall of all canned product covered by this subpart. Upon request, the recall procedure must be made available to the Department for review.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2700 Retained Water

(1) Raw meat animal carcasses and parts will not be permitted to retain water resulting from post-evisceration processing unless the establishment preparing those carcasses and parts demonstrates to the department, with data collected in accordance with a written protocol, that any water retained in the carcasses or parts is an unavoidable consequence of the process used to meet applicable food safety requirements.

(2) Raw meat animal carcasses and parts that retain water from post-evisceration processing and that are sold, transported, offered for sale or transportation, or received for transportation, in commerce, must bear a statement on the label in prominent letters and contiguous to the product name or elsewhere on the principal display panel of the label stating the maximum percentage of water that may be retained (e.g., “up to X% retained water,” “less than X% retained water,” “up to X% water added from processing”). The percent water statement need not accompany the product name on other parts of the label. Raw meat animals carcasses and parts that retain no water may bear a statement that no water is retained.

(3)(a) An establishment subject to section (1) of this rule must maintain on file and available to the Department its written data-collection protocol. The protocol must explain how data will be collected and used to demonstrate the amount of retained water in the product covered by the protocol that is an unavoidable consequence of the process used to meet specified food safety requirements.

(b) The establishment must notify the Department as soon as it has a new or revised protocol available for review by the Department. Within 30 days after receipt of this notification, the Department may object to or require the establishment to make changes in the protocol.

(4) Expected elements of a protocol for gathering water retention data:

(a) Purpose statement. The primary purpose of the protocol should be to determine the amount or percentage of water absorption and retention that is unavoidable using a particular chilling system while achieving the regulatory Pathogen Reduction (PR) performance standard for Salmonella as set forth in the PR/HACCP regulations (OAR 603-029-0498(2)). Additional purposes that could be included are determining chilling system efficiency and evaluating product quality.

(b) Type of washing and chilling system used by the establishment. Any post-evisceration washing or chilling processes that affect water retention levels in and microbial loads on raw products should be described.

(c) Configuration and any modifications of the chiller system components. A description of chiller-system configurations and modifications should be provided. The description should include the number and type of chillers in a series and arrangements of chilling system components, and the number of evisceration lines feeding into a chiller system. If there is a pre-chilling step in the process, its purpose and the type of equipment used should be accurately described. Any mechanical or design changes made to the chilling equipment should be described.

(d) Special features in the chilling process. Any special features in the chilling process, such as antimicrobial treatments, should be described. Also, the length and velocity of the dripping line should be described, as well as the total time allowed for dripping. Any special apparatus, such as a mechanism for squeezing excessive water, should be explained.

(e) Description of variable factors in the chilling system. The protocol should describe variable factors that affect water absorption and retention. Such factors are typically considered to be the time in chiller water, the water temperature, and agitation. The protocol should consider air agitation, where applicable. Additional factors that may affect water absorption and retention are scalding temperature and the pressure or amount of buffeting applied. Another factor that should be considered is the method used for evisceration.

(f) Standards to be met by the chilling system. For example, the chilling system may be designed simply to achieve a reduction in temperature of ready-to-cook meat carcasses and parts to less than 40 °F within the time limit specified by the regulations, or in less time. As to the standard for pathogen minimization, the Salmonella pathogen reduction standards, as set forth in the PR/HACCP final rule, have been suggested. Additional microbiological targets, such as E. coli or Campylobacter levels, or reductions in numbers of other microorganisms, may also be used.

(g) Testing methods to be employed. The protocol should detail the testing methods to be used both for measuring water absorption and retention and for sampling and testing product for pathogen reductions. The protocol should call for water retention and pathogen reduction tests at various chilling equipment settings and chilling time-and-temperature combinations. The method to be used in calculating water absorption and retention should be reproducible and statistically verifiable. With respect to the pathogen-reduction aspect of the testing, the Department recommends the methods used for E. coli and Salmonella testing under the PR/HACCP regulations (OAR 603-029-0498(2)). The number of samples, the type of samples, the sampling time period, and the type of testing or measurement should be included in the protocol.

(h) Reporting of data and evaluation of results. The protocol should explain how data obtained are to be reported and summarized. The criteria for evaluating the results and the basis for conclusions to be drawn should be explained.

(i) Conclusions. The protocol should provide for a statement of what the data obtained demonstrate and what conclusions were reached.

History

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2800 Quantity of Contents Labeling

OAR 603-029-2800 to 603-029-2820 prescribes the procedures to be followed for determining net weight compliance and prescribes the reasonable variations allowed from the declared net weight on the labels of immediate containers of products in accordance with OAR 603-029-1004(3)(d) and OAR 603-029-1004(9).

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2805 Definitions and Procedures for Determining Net Weight Compliance

The reasonable variations allowed, and the definitions and the procedures to be used, in determining net weight and net weight compliance are set forth in ORS chapter 618 and OAR chapter 603, division 27.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2810 Scale Requirements for Accurate Weights, Repairs, Adjustments, and Replacements After Inspection

(1) All scales used to determine the net weight of meat products in state-inspected establishments that are sold or otherwise distributed in commerce shall be installed, maintained, and operated in a manner that ensures accurate weights. Such scales shall meet the applicable requirements of OAR chapter 603, division 27.

(2) All scales used to determine the net weight of meat products sold or otherwise distributed in commerce shall be of sufficient capacity to weigh the entire unit or package.

(3) If a scale is inspected or tested and found to be inaccurate, or if any repairs, adjustments, or replacements are made to a scale, it shall not be used until the device meets all accuracy requirements as specified in OAR chapter 603, division 27. If an inspector has put a ”Retain” tag on a scale, the tag may only be removed by a Department employee. As long as the tag is on the scale, it shall not be used.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2815 Testing of Scales

(1) The operator of each state-inspected establishment that weighs meat products shall cause such scales to be tested for accuracy in accordance with the technical requirements of OAR chapter 603, division 27, at least once during each calendar year. In cases where the scales are found not to maintain accuracy between tests, more frequent tests may be required and verified by an authorized Department official.

(2) The operator of each state-inspected establishment shall display on or near each scale a valid certification of the scale's accuracy from the state of Oregon, a service person, a service agency, or shall have alternative documented procedures showing that the scale has been tested for accuracy in accordance with the requirements of OAR chapter 603, division 27.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-2820 Handling of Failed Product

Any lot of product that is found to be out of compliance with net weight requirements upon testing in accordance with the methods prescribed in OAR 603-029-2805 shall be handled as follows:

(1) A lot tested in a state-inspected establishment and found not to comply with net weight requirements may be reprocessed and must be reweighed and remarked to satisfy the net weight requirements of this rule in accordance with the requirements of OAR 603-029-2800 to 603-029-2820.

(2) A lot tested outside a state-inspected establishment and found not to comply with net weight requirements must be reweighed and remarked with a proper net weight statement, provided that such reweighing and remarking will not deface, cover, or destroy any other marking or labeling required under Division 29, and the net quantity of contents is shown with the same prominence as the most conspicuous feature of a label.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4000 Definitions

The definitions in OAR 603-029-0010, not otherwise defined in this rule, are incorporated into this rule. In addition to those definitions, the following definitions will be applicable to the rules in OAR 603-029-4000 to 603-029-4065.

(1) “Acceptable” means suitable for the purpose intended and acceptable to the Department.

(2) “Antelope” means any of various ruminant deerlike mammals (family Bovidae) chiefly of Africa and southwest Asia that have a slender lean build and usually horns directed upward and backward.

(3) “Applicant” means any interested party who requests any inspection service.

(4) “Bison” (Bison bison), commonly known as the American bison or buffalo, is a species of the genus Bison native to North America. Bison includes catalo or cattalo.

(5) “Buffalo” refers to a subtribe Bubalina of the tribe Bovini within the subfamily Bovinae that includes the water buffalo (Bubalus bubalis) and Cape buffalo (Syncerus caffer).

(6) “Camelid” includes any species of mammal in the Camelidae family.

(7) “Catalo” or “Cattalo” means any hybrid animal with bison (Bison bison) appearance resulting from direct crossbreeding of bison (Bison bison) and cattle (Bos taurus).

(8) “Condition” means any condition, including, but not limited to, the state of preservation, cleanliness, or soundness of any product or the processing, handling, or packaging which may affect such product.

(9) “Condition and wholesomeness” means the condition of any product, its healthfulness and fitness for human food.

(10) “Deer” refers to the any farm-raised species of the family Cervidae.

(11) “Elk” means North American wapiti (Cervus canadensis), Manitoban elk (Cervus elaphus manitobensis), Rocky Mountain elk (Cervus elaphus nelsoni), Roosevelt elk (Cervus elaphus roosevelti) and Tule elk (Cervus elaphus nannodes).

(12) “Exotic animal” means any reindeer, elk, deer, antelope, water buffalo, bison, buffalo, yak, or camelids.

(13) “Exotic animal inspection” means the administration, application, and direction of exotic animal inspection programs pursuant to the rules in this Division 29.

(14) “Exotic animal producer” means any interested party that engages in the raising and/or marketing of an exotic animal for commercial purposes.

(15) “Field ante-mortem inspection” means the ante-mortem inspection of an exotic animal away from the state-inspected exotic animal establishment's premises.

(16) “Field designated area” means any designated area on the applicant's premises, approved by the Department, where field ante-mortem inspection is to be performed.

(17) “Identify” means to apply an Oregon mark to products or containers.

(18) “Inspection” means any inspection by an inspector to determine, in accordance with OAR 603-029-4000,

(a) the condition and wholesomeness of an exotic animal, or

(b) the condition and wholesomeness of edible product of an exotic animal at any state of the preparation or packaging in the state-inspected plant where inspected and certified, or

(c) the condition and wholesomeness of any previously inspected and certified product of an exotic animal if such product has not lost its identity as an inspected and certified product.

(d) “Interested party” means any person financially interested in a transaction involving any inspection.

(19) “Program” means the Exotic Animal Inspection Program of the Department.

(20) “Reindeer” means (Rangifer tarandus), commonly referred to as caribou, is a species within the family Cervidae.

(21) “State-inspected exotic animal establishment” means any slaughtering, cutting, boning, curing, smoking, salting, packing, rendering, or similar establishment at which inspection is maintained under OAR 603-029-4000.

(22) “Transport vehicle” means any vehicle used to transport an exotic animal.

(23) “Water buffalo” means (Bubalus bubalis), commonly known as the domestic water buffalo or Asian water buffalo.

(24) “Yak” means (Bos grunniens).

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4005 Type of Inspection Available

Upon application, in accordance with OAR 603-029-4010 to 603-029-4020, the following type of inspection may be furnished under the rules in this Division 29:

(1) Exotic Animal Inspection means an inspection and certification for wholesomeness relating to the slaughter and processing of exotic animals and the processing of exotic animal products. All provisions of this rule shall apply to the slaughter of exotic animals, and the preparation, labeling, and certification of the exotic animal meat and exotic animal products processed under this exotic animal inspection.

(2) Only exotic animals which have had ante-mortem inspection as described under this rule and which are processed in state-inspected exotic animal establishments in accordance with this rule may be marked inspected and passed.

(3) Exotic animals, exotic animal meat and meat products shall be handled in a state-inspected exotic animal establishment to ensure separation and identity of the exotic animal or exotic animal meat and meat products until they are shipped from the state-inspected exotic animal establishment to prevent commingling with other species.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4010 Application by State-Inspected Exotic Animal Establishment for Inspection Services

(1) Any person desiring to process an exotic animal, exotic animal carcasses, exotic animal meat and meat products in an establishment under exotic animal inspection must receive approval of such establishment and facilities as a state-inspected exotic animal establishment prior to inspection. An application for inspection to be rendered in an state-inspected exotic animal establishment shall be approved in accordance with the provisions contained in OAR 603-029-0100 and OAR 603-029-0110.

(2) Initial survey. When an application has been filed for exotic animal inspection, a Supervisor shall examine the establishment, premises, and facilities.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4015 Application for Ante-Mortem Inspection Service in the Field

Any exotic animal producer desiring field ante-mortem exotic animal inspection must receive approval of the field ante-mortem designated area from the Department prior to the inspection. An application seeking approval of the designated area for ante-mortem inspection shall be obtained from the Department and completed and submitted to the Department.

(1) An initial application for field ante-mortem exotic animal inspection shall be made by an official exotic animal establishment to the Department. Subsequent requests shall be made by the state-inspected exotic animal establishment on behalf of an exotic animal producer to the Department in one of the following manners:

(a) telephone,

(b) mail, or

(2) Upon receipt of the completed application, a Supervisor shall examine the field ante-mortem designated area and facilities for approval of the designated area.

(3) All fees involved for the approval of the designated area, including but not limited to any travel, per diem costs, and time required to perform such approval services, shall be paid directly by the applicant to the Department.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4020 Fees and Charges for Exotic Species Activities

(1) The following fees and charges are established for services associated with the inspection of exotic species slaughter related activities. Fees will be established in an amount reasonably necessary to cover the cost of providing inspection by the meat inspection program and administration of the program pursuant to ORS 619.042:

(a) Fees and charges for services under the rules in this Division 29 shall be paid by the applicant for the services in accordance with this rule.

(b) The fees and charges provided for in this rule shall be paid by check, draft, or money order payable to the “Oregon Department of Agriculture” and shall be remitted promptly to the Department upon furnishing to the applicant a statement as to the amount due.

(c) The fees to be charged and collected for service under the rules in this Division 29 shall be for regular inspection; for overtime; and for certain laboratory services which are not covered under the regular time, overtime, and/or holiday costs. Such fees shall cover the costs of the service and shall be charged for the time required to render such service, including, but not limited to, the time required for the travel of the inspector or inspectors in connection therewith during the regularly scheduled administrative workweek.

(2) Regular inspection fees: Regular inspection fees are established in an amount reasonably necessary to cover the cost of providing the services and administration of the program. Regular inspection fees may include:

(a) A charge for a minimum of two hours of service at a rate of 50% of the base rate set in OAR 603-029-0220, unless otherwise specified by contract;

(b) Travel time at the rate of 50% of the base rate set in OAR 603-029-0220;

(3) Overtime and/or holiday charges: Rates and availability for services performed as detailed in OAR 603-029-0230 will be charged accordingly.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4025 Denial or Withdrawal of Inspection

(1) For miscellaneous reasons. An application or a request for inspection may be rejected, or the benefits of the inspection may be otherwise denied to, or withdrawn from, any person, without the prior opportunity for a hearing:

(a) for administrative reasons such as the nonavailability of personnel to perform the inspection;

(b) for the failure of payment for service;

(c) in case the application or request relates to exotic animals or exotic animal products which are not eligible for inspection under this Division 29 rules;

(d) for failure to maintain the designated area or the plant in a state of repair approved by the Department;

(e) for the use of operating procedures which are not in accordance with the Division 29 rules;

(f) for alterations of buildings, facilities, or equipment which cannot be approved under the rules in this Division 29.

(g) Written notice of such rejection, denial, or withdrawal, and the reasons therefore, shall promptly be given to the person involved.

(2) For disciplinary reasons - Basis for denial or withdrawal. An application or request for inspection may be denied, or the benefits of the inspection may be withdrawn from, any person or entity who, or whose officer, employee or agent in the scope of his employment or agency:

(a) Has willfully made any misrepresentation or has committed any other fraudulent or deceptive practice in connection with any application or request for inspection under this rule;

(b) has given or attempted to give, as a loan or for any other purpose, any money, favor or other thing of value, to any employee or agent of the Department;

(c) has interfered with or obstructed, or attempted to interfere with or to obstruct, any employee or agent of the Department in the performance of his or her duties under this rule by intimidation, threats, assaults, abuse, or any other improper means;

(d) has knowingly represented that any exotic animal carcass, or exotic animal product, has been state-inspected and passed by an authorized inspector under this rule, when it had not, in fact, been so inspected;

(e) has been convicted of more than one misdemeanor under any law based upon the acquiring, handling, or distributing of adulterated, mislabeled, or deceptively packaged good, or fraud in connection with transactions in food, or any felony, as cited in OAR 603-029-0015; Provided, an application or a request for inspection made in the name of a person or entity otherwise eligible for inspection under the rules may be denied, or the benefits of the inspection may be withdrawn, from such a person or entity in case the inspection is or would be performed at a location operated by a person or entity, from whom the benefits of the inspection are currently being denied or have been withdrawn under this Division 29 rule; or by a person or entity having an officer, director, partner, manager or substantial investor from whom the benefits of inspection under this Division 29 rules are currently being denied or have been withdrawn under this Division 29 rule, and who has any authority with respect to the location where inspection is or would be performed; or in case the inspection is or would be performed with respect to any exotic animal or exotic animal product in which any person or entity, from whom the benefits of inspection are currently being denied or have been withdrawn under this Division 29 rule, has contract or other financial interest.

(3) Procedure.

(a) An application or request for inspection may be denied or benefits of the inspection may be withdrawn by the Department, as provided by section (2) of this rule, after written notice and opportunity for a contested case hearing as provided by ORS chapter 183 and OAR 137-003-0501 through 137-003-0700.

(b) The Department may immediately suspend inspection under this section without prior opportunity for a hearing, pending final determination of the matter, when it determines that there is a serious danger to public health or safety.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4030 Marking Inspected Products

Except as otherwise authorized by the Department, the Oregon inspection legend applied to inspected and passed exotic animal carcasses, meat or meat products under this Division 29 shall include wording as follows: “Inspected and Passed by Oregon Department of Agriculture.” This wording shall be contained within a triangle in the form and arrangement shown in this rule. The establishment number of the state-inspected establishment shall be included in the triangle unless it appears elsewhere on the packaging material. Ordering and manufacture of the triangle brand shall be in accordance with the provisions in OAR 603-029-1006(3). The Department may approve the use of abbreviations of such Oregon inspection legend, and such approved abbreviations shall have the same force and effect as the Oregon inspection legend. The Oregon inspection legend or approved abbreviation shall be applied, under the supervision of an inspector, to the inspected and passed edible product, packaging material, immediate container or shipping container. When the Oregon inspection legend or approved abbreviation is used on packaging material, immediate container or shipping container, it shall be printed on such material or container or on a label to be affixed to the packaging material or container. The name and address of the packer or distributor of such product shall be printed on the packaging material or label. The Oregon inspection legend may be stenciled on the container, and when the Oregon inspection legend is so stenciled, the name and address of the packer or distributor may be applied by the use of a stencil or rubber stamp. The name and address of the packer or distributor, if prominently shown elsewhere on the packaging material or container, may be omitted from insert labels which bear an Oregon identification if the applicable establishment number is shown.

(1) The Oregon inspection legend to be applied to inspected and passed carcasses and parts of carcasses of an exotic animal, and products as therefrom approved by the Department, shall be in the form and arrangement as indicated in the example below.1 The establishment number of the state-inspected establishment shall be set forth if it does not appear on the packaging material or container.

(a) For application to exotic animal carcasses, primal parts and cuts therefrom, exotic animal livers, exotic animal tongues, and exotic animal hearts. [Figure a 603-029-4030]

(b) For application to exotic animal calf carcasses. [Figure b 603-029-4030]

(d) For application to burlap, muslin, cheesecloth, heavy paper, or other acceptable material that encloses carcasses or parts of carcasses. [figure d 603-029-4030]

(2) The Oregon inspection legend to be shown on all labels.1

(a) For inspected and passed products of an exotic animal shall be in the following form, except that it need not be of the size illustrated, provided that it is a sufficient size and of such color as to be conspicuously displayed and readily legible and the same proportions of letter size and boldness are maintained as illustrated: [Figure e 603-029-4030]

(b) This Oregon mark shall be applied by mechanical means and shall not be applied by a hand stamp.

(c) The Oregon inspection legend described in subsection (2)(a) of this rule shall also be used on shipping containers, bond labels, artificial casings, and other articles with the approval of the Department.

(3) Any brand, stamp, label or other device approved by the Department and bearing any Oregon mark prescribed in section (1) or (2) of this rule shall be an Oregon device for purposes of this Division 29.

NOTE: The number “38” is given as an example only. The establishment number of the state-inspected exotic animal establishment where the product is prepared shall be used in lieu thereof.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4035 Time of Inspection in the Field and an a State-Inspected Exotic Animal Establishment

The state-inspected exotic animal establishment on behalf of the applicant shall notify a supervisor, in advance, of the hours when such inspection is desired. Inspection personnel shall have access at all times to every part of any field ante-mortem inspection area and/or state-inspected exotic animal establishment to which they are assigned.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4040 Report of Inspection Work

Reports of the work of inspection carried on within the field ante-mortem inspection area of an exotic animal producer's premises and/or state-inspected exotic animal establishment shall be forwarded to the Department by the ante-mortem inspector. The applicant for such inspection shall furnish to the Department such information as may be required on forms provided by the Department.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4045 Ante-Mortem Inspection

An ante-mortem inspection of an exotic animal shall, where and to the extent considered necessary by the Department and under such instructions as may be issued from time to time, be made on the day of slaughter of an exotic animal, in one of the following listed ways or as determined by the Department. Humane handling of an exotic animal during ante-mortem inspection shall be in accordance with the provisions contained in OAR 603-029-0705. Immediately after the animal is stunned or killed, it shall be shackled, hoisted, stuck and bled.

(1) To be performed on an exotic animal in the field in a designated area of an exotic animal producer's premises.

(a) Exotic species are eligible for field ante-mortem inspection. The field ante-mortem designated area must be approved by a supervisor or designee prior to rendition of the service.

(b) Any person who desires to receive field ante-mortem inspection must provide:

(A) Notification from a state-inspected exotic animal establishment to a supervisor or designee.

(B) A field ante-mortem designated area.

(C) A stunning/slaughtering area which is in a condition that minimizes the possibility of soiling the animal when stunned/slaughtered and bled as determined by the inspector.

(D) A transport vehicle that is as sanitary as practicable as determined by the inspector.

(c) The ante-mortem inspector shall determine the acceptableness and safety of performing field ante-mortem inspection. If, in the opinion of the ante-mortem inspector, an unsafe circumstance exists at the time of field ante-mortem inspection, the service shall be denied.

(d) An exotic animal that, in the ante-mortem inspector's opinion, does not pass ante-mortem inspection must be withheld from slaughter.

(e) Stunning to render the animal unconscious shall be in accordance with OAR 603-029-0715 or OAR 603-029-0720.

(f) All stunned/slaughtered and bled exotic animals shall be tagged with an “Oregon Suspect” tag in an ear by the ante-mortem inspector or designee prior to loading on the transport vehicle.

(g) The transport of intact exotic animal carcasses to an state-inspected exotic animal establishment for post-mortem inspection shall be as expedient as possible and must be within the same day as field slaughter.

(h) Ante-mortem cards (Form MP 402-2) shall be filled out by the ante-mortem inspector. One copy is to be retained by the ante-mortem inspector. The other copy shall accompany the transport vehicle to the state-inspected exotic animal establishment and shall be delivered to the post-mortem Veterinary Medical Officer.

(i) The ante-mortem inspector shall supervise all phases of field ante-mortem inspection.

(2) To be performed on exotic animals that are inside of the transport vehicle at a state-inspected exotic animal establishment.

(a) Exotic species are eligible for transport vehicle inspection.

(b) The ante-mortem inspector shall remain outside the transport vehicle while performing ante-mortem inspection.

(c) The person requesting transport vehicle inspection must provide a transport vehicle that is as sanitary as practicable and that would safely and thoroughly permit the inspection of an exotic animal from outside of the transport vehicle as determined by the inspector.

(d) The ante-mortem inspector shall determine the adequacy and safety of performing ante-mortem inspection. If, in the ante-mortem inspector's opinion, the transport vehicle is not adequate or safe to perform ante-mortem inspection, the service shall be denied.

(3) To be performed in pens at state-inspected exotic animal establishments. The inspection shall be conducted in accordance with the provisions contained in OAR 603-029-0300 to 603-029-0395.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4050 Post-Mortem Inspection

(1) Post-mortem inspection of exotic species shall be conducted in accordance with the provisions contained in OAR 603-029-0400 to 603-029-0498 or as determined by the Department.

(2) The post-mortem examination of field ante-mortem-inspected exotic animals must occur in the shortest length of time practicable and on the day that field ante-mortem inspection is performed to minimize the changes in the carcass which can affect the post-mortem examination, disposition and wholesomeness of the carcass and its parts.

(3) The post-mortem Veterinary Medical Officer shall inspect and make the disposition of all incoming “Oregon Suspect” tagged exotic animals.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4055 Disposal of Diseased or Otherwise Adulterated Carcasses and Parts

Disposal of diseased or otherwise adulterated carcasses and parts shall be conducted in accordance with the provisions contained in OAR 603-029-0500 to 603-029-0574.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4060 Handling and Disposal of Condemned or Other Inedible Exotic Animal Products at State-Inspected Exotic Animal Establishments

Handling and disposal of condemned or other inedible exotic animals products at state-inspected exotic animal establishments shall be conducted in accordance with the provisions contained in OAR 603-029-0800 to 603-029-0850.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4065 Entry into State-Inspected Establishments; Reinspection and Preparation of Products

Entry into state-inspected establishments, and reinspection and preparation of products, shall be conducted in accordance with the provisions contained in OARs 603-029-1100, 603-029-1105, and 603-029-1110.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4070 Records, Registration, and Reports

Records, registration, and reports shall be conducted or maintained in accordance with the provisions contained in OAR 603-029-1300 to 603-029-1330.

History

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Or. Admin. R. 603-029-4075 Transportation

Transportation shall be conducted in accordance with the provisions contained in OAR 603-029-1400 to 603-029-1475.

History

Statutory/Other Authority: ORS 603.085, ORS 619.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

Division 32 GRAIN INSPECTION — WAREHOUSES AND GRAIN

Or. Admin. R. 603-032-0090 Intent

Persons who operate grain warehouses in Oregon should obtain copies from the State Department of Agriculture, Commodity Inspection Division, 635 Capitol Street N.E., Salem, Oregon 97310, and become familiar with the provisions of the Oregon Grain Warehouse and Inspection Law, ORS Chapter 586. The regulations hereafter promulgated by the Department, in most instances merely clarify and carry out the intent of the legislature and such law. Particular reference for example, should be made in the law to the definition of “Grain” and the fact should be noted (ORS 586.382) in the law it states in part “A warehouseman operating another business in conjunction with, or in proximity to, his licensed public warehouse shall keep a complete set of records for the warehouse business, entirely separate and distinct from the accounts and records of any other business.” Regulations have the effect of law in Oregon.

History

Statutory/Other Authority: ORS 561.190 & 586.225 — 586.561
Statutes/Other Implemented: ORS 586.225 — 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 712, f. 10-3-62, ef. 10-11-62

Or. Admin. R. 603-032-0100 Definitions

As used in OAR 603-032-0100 to 603-032-0150, unless the context otherwise requires, and in addition to the definitions set forth in ORS 586.210:

(1) “Act” means ORS Chapter 586.

(2) “Depositor” means any person who deposits an agricultural commodity in an Oregon state licensed warehouse for storage, handling, processing, reconditioning or shipment, and who is the owner or holder of a negotiable warehouse receipt or other evidence of such deposit, whether or not such agricultural commodity is within the warehouse.

(3) “Persons” includes individuals, partnerships, corporations, and associations.

(4) “Station” (see ORS 586.270) means the public warehouses of an applicant for a license, in a particular locality.

History

Statutory/Other Authority: ORS 561.190 & 586.225 - 586.561
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 901(7-69), f. 5-28-69, ef. 7-1-69
AD 712, f. 10-3-62, ef. 10-11-62
AD 670, f. 6-16-61, ef. 7-1-61
AD 586, f. 7-28-58, ef. 7-25-58

Or. Admin. R. 603-032-0105 Definitions — Public Warehouses

As used in these rules, unless the context requires otherwise, “public warehouses” shall include elevators, mills, warehouses, temporary structures, containers, or facilities used for the storage and handling of grain which shall be subject to the provisions of ORS Chapter 586 and the administrative rules thereunder, including all requirements for licensing, bonding, and maintenance of the facilities.

History

Statutory/Other Authority: ORS 561 & 586
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 11-1986, f. & ef. 6-27-86

Or. Admin. R. 603-032-0110 Licenses

(1) Every person who has not complied with the requirements of subsection (4) of Section 586.300 of the Act and who desires to engage in business as a public warehouseman under the provisions of the Act, shall, prior to the commencement of such business, file with the Department a surety bond or letter of credit executed in favor of the State of Oregon. Such bond shall be executed by a corporate surety qualified to do business in the State of Oregon. No warehouseman’s license shall be issued prior to the Department’s approval of such bond or letter of credit.

(2) Warehouse licenses shall be issued yearly and shall expire on June 30 of each year. Licenses issued for a fractional part of the fiscal year shall be paid for at the rate of the full annual warehouse fee.

(3) Warehouse licenses issued under the Act shall be non-transferable. Such licenses shall automatically terminate upon the transfer or cessation of business by the license holder.

(4) Upon termination of a warehouseman’s license by suspension of business, transfer of ownership, revocation of license, or for any other cause, such license shall be immediately surrendered to the Department for cancellation. No refund of license fees shall be made by the Department in the event of such cancellation.

(5) Every warehouseman who discontinues the operation of a public warehouse shall surrender all blank and unused warehouse receipts to the Department for cancellation. No refund of pro rata costs of such receipts shall be made upon such surrender.

(6) All grain warehouses or elevators at one station will be licensed by the Department under one permanent license number. Individual warehouses (including adjoining warehouse buildings or facilities or those structurally connected, or connected by power conveyor, gravity, spout, or other mechanical devices capable of conveying grain from one such building or facility to the other) will be designated by the Department by a suffix letter “A,” “B,” “C,” etc. The applicable assigned suffix number is to be painted on each warehouse when two or more houses or elevators are at one station.

(7)(a) The Department in determining whether certain grain warehouses or elevators should be one station shall take into consideration:

(A) Whether the proposed grain storage facilities are in the same trading area; and

(B) Whether the proposed grain storage facilities can be reasonably audited by the Department.

(b) In determining whether grain storage facilities which it is proposed to consolidate can be reasonably audited by the Department, the following matters will be considered:

(A) Whether all grain storage facilities have the same cutoff for examination of records and physical measure-up;

(B) Accessibility and adequacy of records;

(C) Whether all of the grain storage facilities of a warehouseman in a particular locality are listed in the application.

History

Statutory/Other Authority: ORS 586
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 877(7-68), f. 4-30-68, cert. ef. 7-1-68
AD 703, f. & cert. ef. 5-21-62
AD 670, f. 6-16-61, cert. ef. 7-1-61
AD 586, f. 7-28-58, cert. ef. 7-25-58

Or. Admin. R. 603-032-0120 Marking and Identification of Grain and Storage Facilities

(1) All permanent bins licensed for storage of bulk grain shall be plainly and permanently numbered or lettered; a bin chart diagram showing the locations of the various bins in the storage facility shall be conspicuously posted.

(2) Public warehouses in which identity preserved lots of edible dry beans and dry peas are stored, shall be divided into sections, and each section shall be numbered or lettered in a legible manner.

(3) Field run, identity preserved “edible” dry beans or dry peas received in a public warehouse shall be given a lot number for each and every lot received. Identification tags or cards shall be attached to a sufficient number of bags, boxes, or containers of each lot so as to maintain unquestionable identity of each lot. Such identification tags shall show:

(a) Lot number;

(b) Number of bags or other containers;

(4) If a public warehouse is not kept open each weekday, the warehouseman shall keep a written notice conspicuously posted on the door of the public entrance to such warehouse. Such notice shall state the name, address, and telephone number of an accessible person authorized to transact business in the name of the warehouseman.

History

Statutory/Other Authority: ORS 561.190 & 586.225 - 586.561
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 712, f. 10-3-62, ef. 10-11-62
AD 586, f. 7-28-58, ef. 7-25-58

Or. Admin. R. 603-032-0131 Maintenance of Quality and Quantity of Grain and Transfer Authority

(1) Unless written approval to transfer or forward grain is first obtained pursuant to ORS 586.415, a warehouseman shall maintain at all times in a public warehouse at the station in which the grain was originally deposited for storage, inventories which are of at least the quantity, class, and quality of that which the warehouseman is obligated to deliver under the outstanding warehouse receipts, scale tickets, load slips, or other documentary evidence of deposit.

(2) The written approval and authority required by ORS 586.415 shall contain thereon at least the following:

(a) The name of warehouseman and location of grain warehouse facility;

(b) The amount and kind of grain deposited;

(d) The purpose of the approval or authority (sale, transfer, shipment, etc.);

(e) The signature and address of the depositor of grain.

History

Statutory/Other Authority: ORS 561.190 & 586.225 - 586.561
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 901(7-69), f. 5-28-69, ef. 7-1-69
AD 712, f. 10-3-62, ef. 10-11-62

Or. Admin. R. 603-032-0136 Load Slips

(1) Each load slip and copy thereof shall contain thereon:

(a) The actual weight of each draft of the grain;

(b) The tare, if any;

(d) The name and location of the warehouse;

(e) The name of the depositor;

(f) The date of the deposit of the grain; and

(g) A predesignated printed number for each load or parcel of grain, different from any other number on any load slip given for any other load or parcel of grain. A pre-numbered series of load slips, which conform to good accounting practices, shall be used for warehouse transactions. Also, books of load slips within the series used for this purpose will be made available to state inspectors.

(2) Copies of all load slips shall be retained by the warehouseman for at least three years and shall be filed consecutively together in one place by number.

(3) All persons delivering or withdrawing grain shall be issued pre-numbered load slips by the warehouseman.

History

Statutory/Other Authority: ORS 561.190 & 586.225 - 586.561
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 712, f. 10-3-62, ef. 10-11-62

Or. Admin. R. 603-032-0140 Maintenance of Grounds and Physical Plant

(1) Storage facilities shall be of sound construction and shall be maintained in such condition as shall adequately protect at all times stored commodities from the elements, rodents, birds, and injurious vermin.

(2) Windows and other openings used for ventilation, except doors, shall be permanently screened as a protection against rodents and birds.

(3) Doors in exterior walls shall be tight fitting.

(4) Warehouse interiors shall be kept reasonably free of gathered dirt and dust.

(5) Warehouse interiors shall be kept free of all rodents and birds, whether alive or dead, together with all excrement, urine, hair, nesting, feathers, or other evidence of rodent or bird infestation.

(6) Warehouse interiors shall be kept reasonably free of live insect infestations.

(7) Grounds surrounding grain elevators and/or warehouses shall be maintained free from weeds and tall grass, accumulated scrap piles of discarded machinery, paper, rubbish, garbage, and other material which is capable of being used as a place of refuge and breeding ground for rodents.

History

Statutory/Other Authority: ORS 561.190 & 586.225 - 586.561
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 712, f. 10-3-62, ef. 10-11-62
AD 586, f. 7-28-58, ef. 7-25-58

Or. Admin. R. 603-032-0145 Grain Deposit Ledger

(1) Each warehouseman must maintain a current grain deposit ledger account for each depositor of grain, including therein, grain owned by the warehouseman. Such account shall show at least the following:

(a) The name of the depositor;

(b) Applicable dates of all transactions or postings affecting the account, including load slips, withdrawal, purchase order and/or check number;

(2) Each warehouseman shall currently post all applicable information and data from the load slips and other books of original record to each grain deposit ledger account. The grain deposit ledger accounts must be balanced at least once each month.

(3) Each warehouseman must maintain a Daily Position Record (DPR) which conforms to good accounting practices for grain that is on hand for cleaning or processing, for treating, for shipping by the warehouseman, for the account of the depositor, and for all grains purchased by, or left for, the purpose of sale to the warehouseman. Memorandum agreements or written documents covering such transactions must be attached to, or filed with, the ledger records.

History

Statutory/Other Authority: ORS 561.190 & 586.225 - 586.561
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 901(7-69), f. 5-28-69, ef. 7-1-69
AD 877(7-68), f. 4-30-68
AD 712, f. 10-3-62, ef. 10-11-62

Or. Admin. R. 603-032-0150 Insurance

(1) The warehouseman shall maintain a printed record of the insurance coverage applicable to grain in storage held as required by ORS 586.315, including copies of current insurance policies, “loss payable” certificates, or other written evidence of insurance encumbrances. Such records, policies, certificates, or other written evidence shall be made available to the Department upon demand, and shall be maintained at the principal place of business of the warehouseman within the state unless otherwise authorized by the Department.

(2) The Department, in auditing grain warehouses as required by the Act, will verify for accuracy, to the nearest report, providing the warehouseman is using the insurance reporting system. Warehousemen not using such system, must insure the entire licensed warehouse capacity.

(3) The warehouseman who cancels any insurance required under ORS 586.315 must give the Department at least 10 days’ notice prior to such cancellation date. If the warehouseman receives a notice from his insurance company that such company is canceling insurance, the warehouseman within 24 hours (of the next business day) of receipt of such notice shall notify the Department of such action.

(4) In case of fire, flood, explosion or any other event that could cause significant structural damage or inventory losses in a licensed warehouse, the warehouseman shall give immediate notice thereof to the Department. The warehouseman must also give prior notice if there is to be a change of any kind in the ownership of the warehouse, or any change which will affect the storage capacity.

History

Statutory/Other Authority: ORS 561.190 & 586.225 - 586.561
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 901(7-69), f. 5-28-69, ef. 7-1-69
AD 712, f. 10-3-62, ef. 10-11-62

Or. Admin. R. 603-032-0155 Warehouse Receipts

(1) All warehouse receipts must be pre-numbered within the warehouse station license number assigned by the Department (see OAR 603-032-0100). Such warehouse receipts, both used and unused, must be maintained at the same location where all other grain storage records are maintained. Used warehouse receipts which have been returned to or picked up by the warehouseman must be filed together consecutively and marked “Cancelled.” They may be attached to the file copy maintained by the warehouseman if all are handled in the same manner.

(2) A negotiable warehouse receipt and its copy must always accurately reflect and represent the amount of grain in storage. Before any release of grain or any use of grain is permitted, represented by such negotiable warehouse receipt, the warehouseman must obtain and keep such receipt, marking it “Cancelled.” A new negotiable or non-negotiable warehouse receipt can then be issued covering the remainder of the grain that will be in storage (see ORS 586.385). (A warehouseman may make an appropriate notation of withdrawal of grain on the depositor’s non-negotiable warehouse receipt and on other books of original entry, if desired).

(3) In the event a warehouse receipt is subject to cancellation in accordance with section (1) or (2) of this rule, and is lost, mutilated, or destroyed, then the warehouseman shall obtain an affidavit containing the facts surrounding such loss, mutilation, or destruction, executed by the person responsible for the custody of such warehouse receipt. The affidavit shall be subject to review and approval of the Department and a duplicate original of such affidavit shall be retained in lieu of the warehouse receipt.

(4) In the event a warehouse receipt is outstanding and is lost, mutilated, or destroyed, then the warehouseman shall comply with the provision of ORS 77.6010 (Uniform Commercial Code).

History

Statutory/Other Authority: ORS 561.190 & 586.225 - 586.561
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 901(7-69), f. 5-28-69, ef. 7-1-69
AD 712, f. 10-3-62, ef. 10-11-62

Or. Admin. R. 603-032-0160 Trading, Check Payments, and Use of Scales

(1) Trading of depositor’s grain is prohibited unless it is carried out by written agreement or written authorization of the depositor.

(2) Cancelled checks which relate to payments made for grain by the warehouseman, shall be available to the Department for auditing purposes.

(3) A warehouseman shall use a licensed functional scale for the weighing of all grains delivered to the warehouse and for the weighing of grains moved or used in feed mills, or for any other movement in or out of grain storage bins or the warehouse.

History

Statutory/Other Authority: ORS 561.190 & 586.225 - 586.561
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 712, f. 10-3-62, ef. 10-11-62

Or. Admin. R. 603-032-0165 Written Evidence of Exemption

(1) The written evidence required to be a part of the records of the owner or operator of a grain warehouse facility pursuant to ORS 586.225, shall include at least the following:

(a) The amount and kind of grain subject to such written document;

(b) The time period of grain deliveries to be subject to such written document, including the initiation date;

(d) The terms and basis of payment for said sale, processing, or cleaning.

(2) The written evidence required shall be executed by the owner, or authorized agent, of the grain, and the owner or operator of the grain warehouse facility shall acknowledge acceptance thereon.

History

Statutory/Other Authority: ORS 561.190 & 586.225 - 586.561
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 901(7-69), f. 5-28-69, ef. 7-1-69

Or. Admin. R. 603-032-0505 Bond Requirements: Storage Capacity Rating

(1) The amount of the bond required under subsection (1), Section 586.300, Oregon Revised Statutes, and OAR 603-032-0110, shall be a sum equal to the total number of bushels of rated grain storage capacity of the warehouse covered, multiplied by the number of cents herein assigned rounded up to the nearest $1,000:

(a) $.15 per bushel of capacity if provided to the Department an annual financial statement which shall have been audited or reviewed by a certified or licensed public accountant;

(b) $.20 per bushel of capacity if no annual financial statement or audit is submitted and approved.

(2) If at any time it appears, in accordance with the provisions of subsection (5), Section 586.300, Oregon Revised Statutes, that the bond referred to in section (1) of this rule is not sufficient to provide adequate protection to holders of the receipts or load slips of the warehouse or warehouses covered by the bond, the Department may require the filing of an additional bond or bonds.

(3) Other provisions of this section notwithstanding, no bond shall be less than $20,000 and no bond or bonds of any one warehouseman shall total more than $500,000. In lieu of a surety bond, the warehouseman may submit a letter of credit satisfactory to the state Department of Agriculture.

(4) The total storage capacity of any warehouse or warehouses subject to bond shall be determined by the Department.

History

Statutory/Other Authority: ORS 561.190 & 586.225 - 586.561
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 1002(16-73), f. 12-5-73, ef. 12-25-73
AD 994(8-73)(Temp), f. & ef. 8-1-73
AD 984(16-72), f. 12-21-72, ef. 1-1-73
AD 980(13-72)(Temp), f. & ef. 10-1-72
AD 847(19-67), f. 8-24-67, ef. 9-13-67
AD 669, f. 6-16-61, ef. 7-1-61
AD 440, f. 6-23-52, ef. 7-1-52

Or. Admin. R. 603-032-0510 Posting of License Number

Each warehouseman shall post the warehouse license number assigned to the facility by the Department, on all grain warehouses and elevators, just below the “Oregon Bonded Grain Warehouse” sign, in letters and numerals not less than eight (8) inches high and as follows: “LICENSE NO. _______” (Also see OAR 603-032-0110(6)).

History

Statutory/Other Authority: ORS 561.190 & 586.225 - 586.561
Statutes/Other Implemented: ORS 586.225 - 586.561
DOA 9-1998, f. & cert. ef. 9-21-98
AD 703, f. 5-21-62
AD 487, f. 6-8-55, ef. 7-1-55

Division 42 PRACTICES AND PROCEDURES FOR COMMODITY COMMISSIONS

Or. Admin. R. 603-042-0010 Monitoring of Fiscal Practices and Procedures

(1) To facilitate the monitoring of the fiscal practices and procedures of all commodity commissions by the Department under ORS 576.066, in order to assure that commodity commissions are complying with applicable laws and administrative rules and are maintaining good business management practices, and pursuant to ORS 576.395, all commodity commissions shall comply with the requirements of this section.

(2) As soon as practicable after preparation, copies of the following documents shall be submitted to the Commodity Commission Oversight Program Office of the Department:

(a) Minutes of regular or special meetings;

(b) Administrative rules, including all related statements of the rules;

(d) Statements of internal operational policies;

(e) Periodic reports or summaries of the fiscal status of the commissions; and

(f) Fidelity bonds covering authorized agent who receives or disburses funds, filed with the commissions under either ORS 576.385, 577.550, or 578.110.

(3) Not later than 60 days after the end of each fiscal year, commission must prepare an annual financial statement of commission revenues and expenses, which shall be made available to the public, submitted to the Commodity Commission Oversight Program Office of the Department, and provided to the Secretary of State. An annual financial statement must include the following:

(a) A balance sheet combining all funds;

(b) A statement of budgeted and actual revenues and expenditures, indicating thereon any changes in fund balances; and

(4) Every five years, or with greater frequency as determined by each Commission, each Commission will acquire either an independent fiscal evaluation or a financial statement audit of the Commission’s accounting records, books and fiscal procedures. The constitutional and statutory audit authority of the Secretary of State is recognized as applicable to commodity commissions, and upon either a request of the Secretary of State or a request of a commodity commission, the Secretary of State may audit a commission either in lieu of or in addition to an Independent Fiscal Evaluation or audit:

(a) Each Commission shall determine the number of years that will be evaluated or audited;

(b) Each Commission will write a letter to the Secretary of State Audits Division seeking permission to obtain a financial statement audit, and obtain permission from the Audits Division before conducting an audit;

(c) Commissions shall follow competitive bidding procedures to obtain financial evaluation or audit services when the value of service is in excess of $10,000, pursuant to OAR 122-050;

(d) Financial statement evaluations and audits shall follow generally accepted accounting principles.

(5) Independent Fiscal Evaluations shall be an option only for those Commissions with annual assessment income of $50,000 or less and shall follow the Fiscal Evaluation Tool adopted by the Commodity Commission Oversight Program Advisory Committee. Each commission that selects the Independent Fiscal Evaluation method shall take official action to name a committee to conduct the evaluation. The committee shall not contain any member who was authorized to sign commission checks during the period that will be evaluated.

(6) One copy of the draft Independent Fiscal Evaluation report or the audit report, whichever the case, shall be mailed via certified mail to the home address of the Commission chairman or chairwoman for review, and one copy shall be mailed via first class mail to the Department’s office of the Commodity Commission Oversight Program.

(7) One copy of the final report shall be mailed to the home address of the Commission chairman or chairwoman; a second copy of the final report shall be provided to the Commission’s administrator. In addition, one copy of the final report shall be mailed to the Department’s office of the Commodity Commission Oversight Program and one copy shall be mailed to the Secretary of State Audits Division.

(8) Whenever a Commission administrator changes, the Commission shall cause an audit to be conducted pursuant to ORS 297.210(2).

(9) The accounting records, books and procedures of all commodity commissions shall be established and maintained in accordance with generally accepted accounting principles.

(10) All new contracts, memoranda of understanding or similar documents committing commissions' funds or actions, and all addenda thereto, shall be submitted to and reviewed by the Department of Agriculture’s office of the Commodity Commission Oversight Program prior to execution.

(11) The Attorney General's Model and Uniform Rules of Procedure under the Administrative Procedure Act shall be followed in all matters except where a different procedure is prescribed by a commodity commission's statute or rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561, 576, 577 & 578
Statutes/Other Implemented: ORS 561, 576, 577 & 578
DOA 14-2007, f. & cert. ef. 8-23-07
AD 7-1983, f. & ef. 7-8-83

Or. Admin. R. 603-042-0015 Department Oversight over Promotion and Research

(1) The Department has the duty to review, and either approve or disapprove plans and projects recommended by a commodity commission for commodity promotion and research under ORS 576.066, 577.125 and 578.025. The Department’s review will ensure that the plans or projects are:

(a) Factual;

(b) Not disparaging to other commodities; and

(2) In order to assist with the Department’s review under section (1) of this rule commodity commissions must:

(a) Submit to the Department two copies of a detailed operational plan describing plans and projects for commodity promotion and research to be undertaken, contracted for, or otherwise funded (in whole or in part) over the next fiscal year. An operational plan submitted under this section shall include, if known and as applicable:

(A) An outline of the message to be communicated through commodity promotion or research, including the target audience;

(B) The objective of the commodity promotion or research;

(C) The manner in which the commodity promotion or research is to be communicated, for example print ads, radio, mailings, e-mail, websites;

(D) The entity that will undertake the commodity promotion or research; and

(E) A description of how the Commission will evaluate the effectiveness of the promotion and how the objectives of the research will be met.

(b) Scientific research plans or projects that will be the subject of grant agreements do not have to be included in the operational plan described in (a) of this section as long as the grant agreements include the information required by (2)(a)(B), (D), and (E) of this rule.

(3) Each Commission shall submit an operational plan under section (2)(a) of this rule within 60 calendar days after its budget hearing. A Commission may request an extension of time from the Department for good cause shown.

(4) If a significant new plan or project for commodity promotion or research was not included in the operational plan described in subsection (2)(a) of this rule the Commission must submit an amendment to the operational plan to the Department for review under subsection (1) of this rule.

(5) The Department will review an operational plan submitted under (2)(a) of this rule in accordance with the criteria in section (1) of this rule, and approve, approve with modifications, or disapprove the operational plan, in writing, within 21 business days of receipt of the plan.

(6) A Commission shall include a clause in all contracts, grants and any other arrangement for payment for promotion or research that reserves to the Commission the right to approve a final communication prior to its dissemination. A Commission shall also reserve the right to refuse payment for work performed, unless a final communication has been approved. A Commission may consult with the Department prior to approval of a final communication in order to ensure that the communication is consistent with Section (1) of this rule.

(7) To the extent feasible, any commodity promotion paid for with commission funds, including promotion carried out by a contractor or grantee, shall include an identification statement such as: “paid for/paid in part by the Oregon _______ (insert name of commission), an agency of the State of Oregon.”

(8) If the Department approves with modifications, or disapproves an operational plan or a communication submitted for review under subsection (2) of this rule, the Department shall explain the basis for its modifications or disapproval and shall give the Commission an opportunity to request that the Department reconsider its decision. A request for reconsideration must be in writing, must be received by the Department within 14 business days of the day the plan or communication was modified or disapproved, and must include the basis upon which the Commission believes the Department's modification or disapproval was in error. The Department will act on the request for reconsideration within 14 business days of its receipt.

(9) If a Commission enters into a contract, grant or otherwise contributes funds to an entity to do commodity promotion or research, the Commission may submit evidence to the Department that the United States Department of Agriculture (USDA) engages in oversight and control substantially equivalent to that the Department undertakes under subsection (1) of this rule. After an examination of this evidence, the Department may waive its review under subsection (1) of this rule if it concurs that a substantially equivalent degree of governmental oversight and control will occur.

(10) This rule does not apply to a Commission that has adopted a rule under ORS 576.372 or 578.216 providing for a refund.

(11) For purpose of this rule:

(a) “Commodity commission or commission(s)” means a commodity commission listed in ORS 576.062 , the Oregon Beef Council established in ORS 577 and the Oregon Wheat Commission established in ORS 578.

(b) “Commodity promotion” means any action taken to present a favorable image of the commodity to the general public or to the food and agriculture industry for the purpose of improving the competitive position of the commodity and stimulating the sale of the commodity.

(A) Without limiting the generality of the foregoing, “commodity promotion includes

(i) Providing information to consumers that is designed to enhance the image or sale of the commodity;

(ii) Consumer Education;

(iii) Nutrition Education;

(iv) Providing funding to another person or entity to carry out any of the above.

(c) “Consumer education” means any program or action utilizing or funding public relations, advertising or other means devoted to educating the general public or the food and agriculture industry about the desirable characteristics of the commodity and directed toward increasing the demand for the commodity.

(d) “Research” means any type of test, study, or analysis. Research may include research concerning how to enhance the image or sale of the commodity, as well as research concerning use, production, product development, quality, nutrition, or other characteristics of the commodity.

(12) For the 2004-05 fiscal year, a Commission shall submit an operational plan under section (2)(a) within 60 calendar days of the rule becoming effective. A Commission may request an extension of time from the Department for good cause shown.

History

Statutory/Other Authority: ORS 576.066, 577.125 & 578.025
Statutes/Other Implemented: ORS 576.066, 577.125 & 578.025
DOA 26-2004, f. & cert. ef. 11-30-04

Or. Admin. R. 603-042-0020 Commodity Commission Fees for Commodity Commission Program

(1) Pursuant to ORS 576.320, ORS 577.345, and ORS 578.135, the Department of Agriculture may collect annual fees from the commodity commissions to reimburse the Department for the supervisory and administrative functions that the Department performs according to ORS Chapters 576, 577, and 578. The Department shall consult with the Commodity Commission Oversight Program Advisory Committee related to the annual fees.

(2) The total fee assessed to the commissions shall not exceed $350,000 per fiscal year, beginning with the fee invoiced in fiscal year 2018-2019. The fee shall be used to reimburse the Department for expenses incurred in the previous fiscal year.

(3) The fees for each commission shall be determined using the assessment income as shown on the annual financial reports submitted to the Department.

(4) The total fee for each commodity commission shall be calculated as follows:

(a) First, calculate the base fee for each commission. The base fee for each commission equals 2.3% of the actual assessment income that the commission received in the fiscal year two years prior to the calculation, except that for those commissions with assessment income of $30,000 or less the base fee shall be a flat fee of $750, and except that for those commissions with assessment income exceeding $1,521,738 the base fee shall be a flat fee not to exceed $45,000.

(b) Second, calculate the first shortfall by totaling all the base fees and subtracting the result from the Commodity Commission Oversight Program's (the program) annual operating costs, which are not to exceed $350,000.

(c) Third, calculate the assessment factor for each commission. The assessment factor shall be determined by dividing each commission's fiscal year assessment collection by the total assessment income collected from all commodity commissions. The Department shall use the assessment collection shown on each commission's yearend financial statements from the fiscal year two years before the calculation. (For example, when calculating the fee invoiced in fiscal year 2018-19, the Department shall use the assessment shown on the 2017-18 year-end financial statement.)

(d) Fourth, calculate the shortfall portion for each commission. For commissions paying a base fee based on a percentage of its actual assessment income, the shortfall portion equals the first shortfall multiplied by the assessment factor for that commission. For commissions paying a base fee based on a flat fee, the shortfall portion is not calculated.

(e) Fifth, calculate the combined fee for each commission. The combined fee for each commission equals the base fee for that commission plus the shortfall portion for that commission.

(f) Sixth, add all the combined fees for all commissions. If the total does not equal the actual cost of the program, which is not to exceed $350,000, a second shortfall exists.

(g) Seventh, if subsequent shortfalls exist, the Department shall assess those shortfalls to each commission that is paying a fee based on a percentage of its actual assessment income.

(5) The Department shall invoice each commission no later than November 15 each year; and the total fees shall be paid to the Department no later than December 31 of each year.

History

Statutory/Other Authority: ORS 561.190, 576.320, 577.345 & 578.135
Statutes/Other Implemented: ORS 561, 576, 577 & 578
DOA 8-2019, amend filed 03/07/2019, effective 03/07/2019
DOA 23-2012, f. & cert. ef. 8-6-12
DOA 9-2011, f. & cert. ef. 5-10-11
DOA 14-2007, f. & cert. ef. 8-23-07
DOA 11-2000, f. & cert. ef. 4-18-00

Or. Admin. R. 603-042-0025 Commodity Commission Oversight Program Advisory Committee

(1) The Department will establish an advisory committee for the Commodity Commission Oversight Program (CCOP). The CCOP Advisory Committee will represent a balanced cross section of commodity commissions. The Committee's primary role is to advise the Department on matters relating to the administration of the Commodity Commission Oversight Program and may make recommendations concerning the services rendered by the Department under ORS 576.044.

(2) The CCOP Advisory Committee will consist of seven members representing commodity commissions including commissioners and administrators. Members shall be appointed by the Director. The term of each member will be three years from the date of appointment, except initial terms of one, two and three years will be used to stagger the terms of the Committee members. Vacancies in office will be filled by appointment for the unexpired term.

(3) The Director or an official representative shall serve as ex-officio members without the right to vote.

(4) The Committee will meet at the call of the Director or an official representative at least once annually. A majority of the members constitutes a quorum (4 members constitutes a quorum), a majority vote of the quorum at any meeting shall constitute an official action (a minimum of 4 members).

History

Statutory/Other Authority: ORS 561.190, ORS 576.044 & ORS 576.320(3)
Statutes/Other Implemented: ORS 576
DOA 11-2000, f. & cert. ef. 4-18-00

Or. Admin. R. 603-042-0030 Public Information Purpose and Application

(1) Commission as used herein includes all commodity commissions organized under ORS Chapters 576, 577, 578, and 579.

(2) In order to implement the provisions of ORS 183.330(1) requiring each agency to publish its methods for the public to obtain information, and in order to implement the provisions of ORS 192.430 so as to provide reasonable rules necessary for the protection of commodity commission records and to prevent interference with the regular discharge of the commodity commission duties, the Oregon Department of Agriculture adopts the procedures set forth in OAR 603-042-0030 to 603-042-0050. Unless rules for a specific commission provide otherwise, the procedures set forth in OAR 603-042-0030 to 603-042-0050, shall apply to requests for inspection or copying of public records of a commission, and requests for a commission to prepare and supply certified or other types of public records. Procedures for review of any denial of public records inspections or public record copies shall be in accordance with the provisions of ORS 192.450 to 192.490.

History

Statutory/Other Authority: ORS 183, 192 & 576
Statutes/Other Implemented: ORS 183, 192 & 576
DOA 11-2000, f. & cert. ef. 4-18-00

Or. Admin. R. 603-042-0035 Procedures for Inspection or Copying of Public Records

(1) Requests for inspection or copying of public records must be made either in person or in writing and directed to the Administrator of the commission to which the request is directed. E-mails are not an acceptable form of writing. All requests shall be made at or delivered to the offices of the commission to which the request is directed. Commission addresses are available from the Department of Agriculture, Agricultural Development and Marketing Division located at 1207 NW Naito Parkway, Suite 104, Portland, OR 97209-2832. Requests made in person shall be made between the hours of 8:30 a.m. to 11:30 a.m. and 1:30 p.m. to 4:30 p.m. Monday through Friday of each week except holidays and depending upon staff availability. Requests made in writing shall be acknowledged by the commission to which they are directed and the commission will specify the time and place the requested records will be available for inspection or copying.

(2) Requests for inspection or copying of public records that would result in any of the following shall only be accepted if made in writing:

(a) If the Commission is required to search for, collect, examine, or sort voluminous and separate records or documents in order to comply with such request; or

(b) If the Commission is required to consult with another public body or agency having any interest in the propriety of such request.

History

Statutory/Other Authority: ORS 183 & 576
Statutes/Other Implemented: ORS 192 & 576
DOA 11-2000, f. & cert. ef. 4-18-00

Or. Admin. R. 603-042-0040 Procedures for Obtaining Copies of Public Records

(1) Requests for certified or other types of copies of public records shall only be made in writing and shall include a reasonably specific description of the particular record copy requested, i.e., the type of document, the subject matter, the approximate document date, and the name of the firm or person identified in the document (if pertinent).

(2) Subject to the provisions of OAR 603-042-0050, requested copies of public records shall be submitted to the requestor within a reasonable time following receipt of the request. If the request will require more than 30 days to respond to, the commission will notify the requester of such fact within 31 days of receipt of the request.

History

Statutory/Other Authority: ORS 183 & 576
Statutes/Other Implemented: ORS 192 & 576
DOA 11-2000, f. & cert. ef. 4-18-00

Or. Admin. R. 603-042-0045 Fees for Public Record Request

(1) As provided by ORS 192.440(3), the following fees are established for all public record requests:

(a) Record search: Per hour — $20 with a minimum charge of $5.00;

(b) Copies: Per page (all duplication processes) — $.25;

(2) If the request appears to require services for which no fee has been established (computer time, travel, shipping cost, communication costs, etc.) the actual cost shall be determined or estimated by the commission. Should such be $25 or more, the requestor shall be notified of such prior to the commission complying with such request.

(3) A requestor shall pay the applicable fees to the commission prior to or at the time the commission complies with a request. No refund of fees shall be made. If the commission notifies a requestor of estimated or determined fees in excess of $25, as provided in section (2) of this rule, the requestor shall upon commission’s request, pay a deposit of such estimated or determined fee prior to the commission complying with such request.

(4) No fees shall be assessed to other governmental agencies or offices.

History

Statutory/Other Authority: ORS 183, 192 & 576
Statutes/Other Implemented: ORS 192 & 576
DOA 11-2000, f. & cert. ef. 4-18-00

Or. Admin. R. 603-042-0050 Noncompliance with Requests

(1) If a request received by the commission has been submitted erroneously, in that the commission has no public records relating to the request, the request shall be returned to the requestor with any information concerning the appropriate agency to be contacted.

(2) If a commission determines that all or any part of a public record is exempt from disclosure and will not be disclosed, the commission shall notify the requester of such fact, the public record(s) or part(s) thereof that will not be disclosed, the reasons therefor and the right of the requester to petition the Attorney General for review.

(3) In determining whether all or any part of a public record is exempt from disclosure, a commission shall consider:

(a) Public record exemptions specified in ORS 192.501 and 192.502;

(b) Public record exemptions specified in applicable federal laws or regulations;

(d) Whether a partially exempt public record can be reasonably segregated so as to allow disclosure of an intelligible and undistorted portion of such record while preserving the confidentiality of the exempt portion of such record.

History

Statutory/Other Authority: ORS 183 & 576
Statutes/Other Implemented: ORS 192 & 576
DOA 11-2000, f. & cert. ef. 4-18-00

Or. Admin. R. 603-042-0060 Assessment Collection Procedures

(1) In the event of delinquent assessments or imposition of penalties, when the assessment amount is known, a commodity commission:

(a) Shall send a demand letter immediately following the assessment due date. The demand letter shall include:

(A) A statement that the assessment payment is due and delinquent and that the debtor is subject to a penalty for late payment, pursuant to ORS 576.355, 577.785, 579.250;

(B) The amount of assessments and penalties owed; and

(C) A procedure for requesting reconsideration. A commission may offer a payment plan and include a payment plan request form with a demand letter. If offered, a payment plan must be based on a documented need resulting in an inability to make full payment, be interest bearing, and not exceed one year.

(b) May refer the matter, if unresolved, to the Oregon Department of Revenue sixty days after the date of a demand letter.

(2) In the event of delinquent assessments or imposition of penalties, when the amount is unknown, the process shall be as follows:

(a) A commodity commission shall, immediately following the assessment due date, send a notice of non-payment letter to persons from which assessment payments may be expected. The non-payment letter shall include:

(A) A statement that the recipient may be subject to penalties for late payment, if assessments are owed; and

(B) a statement that the commission may inspect and audit records to determine the amount of assessments due to the commission. An audit will be conducted at the handler or producer’s place of business. No person may refuse to permit an inspection and audit.

(b) If the amount owed is determined but the assessment or any accrued penalties remain unpaid, a commodity commission shall send a demand letter requesting payment. As applicable, the demand letter shall include:

(A) A statement that the assessment payment is due and delinquent and that the debtor is subject to a penalty for late payment, pursuant to ORS 576.355, 577.785, 579.250;

(B) The amount of assessments and penalties owed; and

(c) May refer the matter, if unresolved, to the Oregon Department of Revenue sixty days after the date of a demand letter.

History

Statutory/Other Authority: ORS 576
Statutes/Other Implemented: ORS 576
DOA 32-2000, f. & cert. ef. 12-6-00
DOA 11-2000, f. & cert. ef. 4-18-00

Or. Admin. R. 603-042-0066 Types and subtypes of commodities to be assessed by Oregon Tall Fescue Commission

For the purposes of implementing section 5 of HB 3401 (2019) and ORS 576.051(3), the Director identifies all common or named varieties of (bot.) Dactylis glomerata as subject to assessment, support and promotion by the Oregon Tall Fescue Commission.

History

Statutory/Other Authority: ORS 576.066 (1)(e)
Statutes/Other Implemented: ORS 576.051 (3) & HB 3401 (2019)
DOA 18-2019, adopt filed 08/09/2019, effective 08/09/2019

Division 43 ASSESSMENT CHALLENGE PROCEDURES

Or. Admin. R. 603-043-0010 Scope and Purpose

These rules establish a challenge process for those producers who dispute the amount of a commodity assessment levied against the producer pursuant to ORS 576.325(3)(a) and procedures for the affected commission to process the challenge. These rules also establish guidelines for the commission in setting their industry average unit price.

History

Statutory/Other Authority: ORS 576.044 & 576.370
Statutes/Other Implemented: ORS 576.320
DOA 20-2002, f. & cert. ef. 7-26-02

Or. Admin. R. 603-043-0020 Definitions

(1) “Reporting Period” is set by each commission by administrative rule and means the period of time no longer than one year for which a first purchaser files the assessment report and remits the assessment to the commission. Example: monthly, quarterly, annually, etc.

(2) “Reporting Year” is set by each commission by administrative rule and means 12 consecutive months. Example: August 1 through July 31.

(3) “Assessment Period” is set by each commission by administrative rule and means the current reporting year, or the current reporting year plus the previous one or two reporting years. It is the period producers use to challenge an assessment levied under ORS 576.325(3)(a).

(4) “Limit Period” is set by each commission by administrative rule and means the most recent complete one, two, or three reporting years used by the commission in determining the industry average unit price.

(5) “Arm’s-length transaction” is one in which each party is acting independently in such party’s own economic self-interest. The purest example of an arm’s length transaction is a purchase and sale between strangers in an open market or at public auction. Transactions between a cooperative and its member and transactions among affiliates would not be considered at arm’s length.

History

Statutory/Other Authority: ORS 576.044 & 576.370
Statutes/Other Implemented: ORS 576.320
DOA 20-2002, f. & cert. ef. 7-26-02

Or. Admin. R. 603-043-0030 Industry Average Unit Price

(1) Within the first 14 days of each reporting year, those commissions assessing pursuant to ORS 576.325(3)(a) must determine by commission vote an industry average unit price for the limit period. The commission must provide notice of the meeting in the same manner as for a proposed budget under ORS 576.425(3). The notice must include the proposed industry average unit price.

(2) Each commission must specifically define the terms to calculate the industry average unit price for the commodity. These terms will be consistent for establishing the assessment rate. Terms to be considered are:

(a) Payment Terms. Standard payment terms for cash or cash equivalents, and whether deductions for the cost of money are to be considered for extended terms.

(b) Delivery Terms. Standard form of delivery, whether FOB producer’s property, receiving station, grain elevator, buyer’s plant, or other.

(c) Commodity Unit. Standard for determining the common unit of measure for the commodity whether by volume, weight, units, dozens, gross, or other.

(d) Commodity Characteristics. Standards for determining the classification or number of classifications of commodity units, whether by grade, variety, size, maturity or other, for which standard purchase and sale transactions will be recognized.

(e) Standard Deductions. Define the standard deductions, if any, from amounts paid to producers that will apply to all commodity transactions.

History

Statutory/Other Authority: ORS 576.044 & 576.370
Statutes/Other Implemented: ORS 576.320
DOA 20-2002, f. & cert. ef. 7-26-02

Or. Admin. R. 603-043-0040 Challenge Process

(1) Any commodity producer who has paid an assessment under ORS 576.325(3)(a) may file a challenge with the commission if the total assessment levied against the producer during the assessment period established by the commission exceeds one and one-half percent of the total dollar value received by the producer for the raw commodity during that assessment period.

(2) A producer may file a challenge by obtaining a Commission Assessment Challenge Form from the relevant commodity commission. The producer must file the completed Challenge Form with a US Postmark dated no later than on the 60th day following the close of the assessment period. Failure to comply with this requirement must result in an automatic denial of the challenge.

(3) The commission must approve or disapprove the challenge in writing within 90 days following the deadline for the challenge. At any time before the commission issues its decision, either the commission or the challenger may request informal methods of resolution. If involved in an informal method of resolution, the 90 day period may be extended by consent of both parties.

(4) If a commission approves the challenge, the commission will refund the challenger within 30 days of the date of the approval for the amount of the assessment that the challenger proves is in excess.

(5) If a commission disapproves the challenge, the producer may file an action in the appropriate court.

History

Statutory/Other Authority: ORS 576.044 & 576.370
Statutes/Other Implemented: ORS 576.320
DOA 20-2002, f. & cert. ef. 7-26-02

Or. Admin. R. 603-043-0050 Determining Commodity Prices in a Challenge

(1) All prices for any method of selling the commodity reported on the Commission Assessment Challenge Form must be the same term(s) that the respective commission uses to calculate the industry average unit price and in establishing the assessment rate.

(2) In addition to the Commission Assessment Challenge Form, the challenger must submit the appropriate documentation to demonstrate the price(s) received.

(3) If the challenger is involved in arm’s length transactions for all or part of the challenger’s commodity production, the challenger must prove the total dollar value received by the challenger during the assessment period.

(4) If the challenger is a member of a cooperative for all or part of the challenger’s commodity production, the challenger must use the economic value of the commodity as set by the cooperative’s Board of Directors.

(5) If the challenger acts as a first handler or processor for all or part of the challenger’s commodity production, the challenger must prove that prices received for the production is equivalent to the prices paid in arm’s length transactions. If the challenger is unable to prove the price equivalence, the challenger must use the commission’s average price for this production in the respective reporting year.

(6) If the challenger is not involved in an arm’s length transaction for all or part of the challenger’s production, the challenger must prove that prices received for the production are equivalent to the prices paid in arm’s length transactions. If the challenger is unable to prove the price equivalence, the challenger must use the commission’s average price for this production in the respective reporting year.

(7) The total dollar value as determined pursuant to these rules is deemed to be “received by the producer” as that term is used in ORS 576.370 in the reporting year during which the commodity was delivered to the first purchaser or handler.

History

Statutory/Other Authority: ORS 576.044 & 576.370
Statutes/Other Implemented: ORS 576.320
DOA 20-2002, f. & cert. ef. 7-26-02

Division 45 THIRD PARTY GRADING ELECTION PROCEDURES

Or. Admin. R. 603-045-0010 Definitions

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

(2) “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 any other state of the United States.

(3) “Elector” is synonymous with “Grower.”

(4) “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.

(5) “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.

(6) “Election” means the procedure for terminating the Department’s inspection and classification as provided by ORS 632.950.

(7) “Supervisor of Elections” means the Administrator of the Agricultural Development and Marketing Division or some other person appointed by the Director.

History

Statutory/Other Authority: ORS 632
Statutes/Other Implemented: ORS 632
DOA 1-2002, f. & cert. ef. 1-15-02

Or. Admin. R. 603-045-0020 Petition Filing Requirements

(1) Any grower or handler who wants the Department to terminate its inspection of a processing plant in Oregon must contact the Administrator of the Agricultural Development and Marketing Division of the Oregon Department of Agriculture and request a petition. The Department will send the requestor an information packet and petition.

(2) The petition must specify the commodity, processing firm and location, and a petition representative. A separate petition and election will be held for each commodity and each processing plant by location.

(3) The processing plant must provide the Department a notarized statement certifying a list of all growers who deliver the commodity to that plant. The list must include each grower’s name, address, and relevant production for the period designated by the Department. The list will become the list of electors.

(4) The petitioners must meet the signature requirements of ORS 632.950.

(5) The petition representative must submit with the petition a deposit of $250 for the cost of the election. If the cost of the election exceeds the deposited amount, the petitioners must pay the difference. If the actual cost is less than the deposit, the Department will issue a refund to the petitioner(s) for the difference between the deposit and the actual cost.

(6) The Supervisor of Elections will review the petition to verify it meets the requirements of ORS 632.950. If it does, the Supervisor of Elections will notify the petition representative. If it does not, the Supervisor of Elections will notify the petition representative of the petition’s deficiencies.

History

Statutory/Other Authority: ORS 632
Statutes/Other Implemented: ORS 632
DOA 1-2002, f. & cert. ef. 1-15-02

Or. Admin. R. 603-045-0030 Election

(1) If the petition meets the statutory requirements, the Department will provide notice of the date of the election in a newspaper circulated in the production area. The notice will appear at least 14 days before the first day of the election. The notice will include the following:

(a) The beginning date and the end date of the election period;

(b) A statement explaining how the grower list was established; and

(2)(a) During the period established for the election, all affected growers are entitled to vote. Any grower may present evidence in support of a claim to be an eligible elector, however their vote will not count unless the Supervisor of Elections determines that they qualify to be an eligible elector;

(b) A partnership has only one vote, which may be cast either by one of the partners or by the partners jointly;

(c) The vote of a corporation, association, joint stock company, or other firm or business entity, may be cast by any properly authorized officer.

(3) The Supervisor of Elections shall:

(a) Conduct the election by giving an opportunity to affected electors to cast their ballots;

(b) Determine the beginning and end of the election period and the deadline for casting ballots. Electors must be allowed at least ten days to vote in the election;

(c) Determine whether ballots may be cast by mail or at polling places. If the Supervisor of Elections determines that ballots may be cast by mail, it will cause all material specified in subsection (3)(d) of this rule to be mailed to each elector at the last known address on file with the Department. If the Supervisor of Elections determines that ballots may be cast at polling places, it may determine, subject to provisions of ORS Chapter 576, the necessary polling places and the hours during which each polling place will be open; provided that all polling places remain open at least four consecutive hours during each day announced. The Supervisor of Elections will also allow electors to vote by absentee ballot;

(d) Make available to affected electors the following:

(A) A statement of the proposal on the ballot form;

(B) A form certifying the following information:

(i) That the elector has the authority to vote for business entity;

(ii) The elector’s production in the last preceding crop season or year of the affected commodity; and

(iii) That the elector is a current grower of the affected commodity.

(4)(a) The Supervisor of Elections and its appointees during an election will check that each postmark is within the election period, maintain a daily record of each elector’s name and business entity located on the outside of the return envelope, and place return envelopes in a locked ballot box. The daily record is available to the public for inspection. Any registered grower may challenge the qualifications and eligibility of an elector to vote. The person challenging the ballot must submit, under oath or affirmation before a public notary, a written statement of challenge. The statement must contain the challenger’s name and residential address and mailing address, if different; the name of the person challenged; and a statement of the facts upon which the challenge is based. All challenges must be received by the Supervisor of Elections by 5:00 p.m. on the second business day following the close of the election.

(b) The Supervisor of Elections will examine any challenge to determine if the challenger is registered to vote. If the challenge meets the requirements contained in this rule, the Supervisor of Elections will examine the challenge and determine if the person is qualified and if the vote was properly cast. If the challenge does not comply with the requirements of this rule, it will be dismissed.

(5) After all challenges have been decided, the Supervisor of Elections will appoint two persons to open the locked ballot box and remain present while the ballot box is open. They must immediately reconcile the number of ballots against the daily record of electors.

(a) One person must open the return envelope and determine if the certification complies with the requirements of this rule. If so, the ballot envelope must be handed to the second person for tally. The first person shall read the certified production total to the second person to be recorded on the ballot. If the certification does not comply with the requirements of this rule, it must be submitted to the Supervisor of Election with the sealed ballot for review. The Department may obtain missing information from all electors whose certifications are incomplete. One the certification is complete the ballots may be tallied.

(b) The certification and ballots will remain in separate files to protect the elector’s confidentiality.

(6) Within ten days of the conclusion of the election, the Supervisor of Elections will prepare the Certification and Declaration and submit it to the Director for filing with the Secretary of State. The Certification and Declaration must include the following:

(a) A statement to the effect that the ballots submitted are all of the ballots cast and received by such persons during the election period;

(b) A list of all challenged ballots;

(d) The total numbers of affirmative and negative votes cast;

(e) The percentage of total electors that those voting represent; and

(f) The percentage of total production that the affirmative and negative votes represent.

(7) After filing the Certification and Declaration with the Secretary of the State, the Department will announce the results of the election.

(8) The Supervisor of Elections may prescribe additional instructions consistent with the provisions of this rule.

History

Statutory/Other Authority: ORS 632
Statutes/Other Implemented: ORS 632
DOA 1-2002, f. & cert. ef. 1-15-02

Division 47 PAYMENT FOR AGRICULTURE COMMODITIES

Or. Admin. R. 603-047-0010 Definitions

Unless the context or a specifically applicable definition requires otherwise, the following definitions shall apply to OAR 603-047-0100 to 603-047-0500: Rules promulgated under the authority of ORS Chapter 576, Payment for Agriculture Commodities (Seeds).

(1) "Agricultural seed" means grass seed of a type commonly sold for use in turf lawns or as forage seed.

(2) "Authenticate" has the meaning given that term in ORS 79.O1O2.

(3) “Complaint” as used in this rule means a written complaint submitted to the department by a producer or grower pursuant to ORS 576.738 alleging a failure by a seed dealer to make any payment or timely payment under a seed bailment contract, seed production contract or seed purchase contract.

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

(5) “Reasonable Price” means the value of a grass seed kind, variety (or similar variety) and quality (or similar quality) during a time frame corresponding with the date in which payment was due.

(6) “Financial Assurance” as used in ORS 576.741 means any written assurance attesting to the applicant’s financial abilities as obligated under seed production or seed purchase contracts and may include a surety bond.

(7) "Notice of failure to make payment," as used in ORS 576.738 and this OAR means a notice made by the department to a seed dealer of failure to make payment under a seed production contract or a seed purchase contract as described in 576.738 for which a final order affirming the notice has been issued. It does not include a notice that has been withdrawn or successfully appealed.

(8) "Producer” means a person that grows agricultural seed in this state on a commercial basis for a seed dealer.

(9) "Seed Bailment Contract" means a seed production contract under which the seed dealer retains title to all seed, seed stock and plant life grown or used by the producer under the terms of the contract.

(10) "Seed Dealer” means a person that in the ordinary course of business contracts to buy agricultural seed grown in this state by a producer or contracts with a producer for the growing of agricultural seed in this state.

(11) "Seed Deliver” means the date on which the seed grower delivers grass seed to the seed dealer pursuant to a notice from the dealer.

(12) "Seed Grower" means a person that grows grass seed in this state on a commercial basis without entering into a contract with a seed dealer prior to harvesting of the seed.

(13) "Seed Production Contract" means a written agreement between a producer and a seed dealer for the growing of agricultural seed in this state.

(14) "Seed Purchase Contract" means a written agreement for a seed dealer to purchase grass seed that has been grown by a seed grower. "Seed purchase contract" does not include a seed production contract.

(15) “Variety Not Stated Seed" means agricultural seed that is sold in unmarked plastic bags or other unmarked containers without any reference to a variety name for the seed.

History

Statutory/Other Authority: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680
Statutes/Other Implemented: ORS 576.738, 576.741 & 574.744
DOA 31-2012, f. & cert. ef. 12-21-12

Or. Admin. R. 603-047-0100 Seed Production Contract Terms

As provided for in ORS 576.718, 576.721, 576.726, 576.729 and 72.3050 (1) to (3):

(1) If the seed production or purchase contract does not settle the price of the grass seed, a reasonable price may be established according to a department survey of a representation of seed dealers and growers/producers for the purpose of determining a reasonable price at the time of delivery.

(2) When the price of a grass seed kind is the “established price” pursuant to supervised price discussions as described in ORS 646.738, the established price shall apply.

(3) When a disagreement over payment or timely payment stems from a disagreement between the seed dealer and the seed producer or grower over the quality of the seed of a contracted or purchased lot, the parties to the contract may engage in collaborative dispute resolution processes including the process specified in OAR 603-047-0500.

History

Statutory/Other Authority: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680
Statutes/Other Implemented: ORS 576.738, 576.741 & 574.744
DOA 31-2012, f. & cert. ef. 12-21-12

Or. Admin. R. 603-047-0200 Seed dealer Failures to Timely Make Payment; Fee

Pursuant to ORS 576.738, all producers or growers making a complaint of no payment or untimely payment must submit the complaint in writing to the department.

(1) Prior to filing a complaint of untimely or nonpayment with the department, a seed grower or producer must send a notice to the dealer of the amount owed.

(2) Unless expressly provided otherwise in a seed production contract that is authenticated by the producer and seed dealer prior to the producer planting the agricultural seed, a producer shall upon notification to the dealer of seed quality test results, indicating that the seed is eligible for sale, shall also notify a seed dealer, in writing, no later than 30 days prior to commencement of storage fees, a rate for storage fees and the date in which storage fees will commence.

(3) A written complaint must include all documents and information as required by the department and must include a fee of $50.

(a) Upon receipt of the fee and written complaint the department shall verify that the complainant has provided all information required to make a determination and request additional information from the complainant if necessary.

(b) Consistent with law, the agency may initiate an investigation to determine the validity of the complaint.

(4) Upon the department’s determination that a complaint of untimely or nonpayment is valid and correct the department shall notify the seed dealer in writing that the dealer has 30 days to pay the producer or seed grower all delinquent monies plus interest on each delinquent amount at the rate of one percent per month simple interest from the final payment date for that delinquent amount and that failure to make payment as described in the notice may result in the suspension of the seed dealer’s license.

(a) The department must notify the seed dealer of its determination consistent with ORS Chapter 183 and as described in OAR 603-047-0400, and shall serve its notice on the seed dealer and on any and all persons to whom payment is due under the contract.

(b) The complainant or respondent may challenge and offer evidence to prove or disprove the department’s notice in a contested case hearing.

(5) The Department may post a notice issued pursuant to subsection (2) above on its web page and in a newspaper of general circulation. This notice shall include the following information:

(a) The name of the seed dealer to whom the Department has issued a notice;

(b) A statement that the Department has determined as a preliminary matter that the named seed dealer owes payment to a grower/producer and the name of the grower/producer;

(c) A statement allowing any person to file a complaint as described in subsection (1) of this section with the Department within 30 days of publication of the notice.

(6) If it appears that no determination may be made that payment has not been made in accordance with the terms of a seed production contract or seed purchase contract, or that the department does not have jurisdiction over the complaint, the department shall apprise the complainant in writing of its final decision not to pursue the complaint.

(7) The complainant producer or grower shall submit to the department a payment of $150 for each notice of payment demand made to a seed dealer prior to the department’s issuance of the notice.

History

Statutory/Other Authority: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680
Statutes/Other Implemented: ORS 576.738, 576.741 & 574.744
DOA 31-2012, f. & cert. ef. 12-21-12

Or. Admin. R. 603-047-0300 Seed Dealer Financial Assurance; Rules; License Refusal; Agents

As used in ORS 576.741 and this rule, unless the context or a specifically applicable definition requires otherwise.

(1) "Officer” means any of the following individuals:

(a) A president, vice president, secretary, treasurer or director of a corporation;

(b) A general partner in a limited partnership;

(d) A member of a member-managed limited liability company;

(e) A trustee;

(f) A person or group of persons who direct or cause the direction of the management and policies of a licensed seed dealer person, whether through ownership of voting securities, by contract or otherwise.

(g) “Owner” means the sole proprietor of, partner in or holder of a controlling interest in the named entity on an application for a seed dealer’s license.

(2)(a) As a condition of issuing a seed dealer license under ORS 633.70, the department shall require the following financial assurance when:

(b) If during the preceding year a seed dealer, owner or officer of a seed dealer’s license has received a final order suspending the dealer’s license and the final order is not withdrawn or successfully appealed, but the seed dealer has demonstrated to the satisfaction of the department that the dealer is current on all payments described in a final order, the department may issue a seed dealer license but shall require a surety bond or irrevocable letter of credit for not less than $100,000 prior to issuing or renewing a license. This bond must be maintained for a period of time not less than 5 years from the date of issuance of the new or renewed license.

(3)(a) The department may refuse to issue or renew a seed dealer license to a seed dealer, owner or officer of a seed dealer, for which the license has been suspended under ORS 576.738, or may refuse to issue or renew a seed dealer license to an officer of a seed dealer at the time of an event that resulted in the license of the seed dealer being suspended, or of a person who exercised substantial control over the seed industry activities of a seed dealer at the time of an event that resulted in the license of the seed dealer being suspended under 576.738.

(b) The department must notify applicant of its decision to refuse to issue or renew a seed dealer license in writing consistent with ORS Chapter 183 and as described in OAR 603-047-0400, and shall serve its notice on the applicant and on any party to the previous action resulting in suspension of the seed dealer’s license.

(4) Any seed dealer or person who was an officer or agent for a seed dealer at the time of an event that resulted in the license of the seed dealer being suspended may provide evidence to the department as to why a seed dealer license should not be suspended and may include evidence;

(a) That the seed dealer named in the order on suspension is current on all payments due as described in a final order issued by the Department;

(b) That the person or entity making the application is not or did not exercise substantial control over the business or activities causing the suspension of the seed dealer license; or

(c) That the person or entity making the application did not have actual authority to establish the performance obligations of the seed dealer under the contract at issue in any seed dealer license suspension.

(5) The department may corroborate the evidence submitted by a seed dealer with any seed growers or producers who were a party to the suspension proceeding in which the seed dealer’s license was suspended. If significant disputes remain regarding the evidence submitted by applicant, the department shall refer the issue of whether the seed dealer has made satisfactory payment to an evidentiary hearing.

History

Statutory/Other Authority: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680
Statutes/Other Implemented: ORS 576.738, 576.741 & 574.744
DOA 31-2012, f. & cert. ef. 12-21-12

Or. Admin. R. 603-047-0400 Department’s Notice; Right to Contested Case Hearing

(1) A notice issued by the department pursuant to OAR 603-047-0200 and 603-047-0300 must be in writing, is subject to any applicable provisions of ORS Chapter 183, and shall include:

(a)A reference to the particular statute and administrative rule involved in the department’s determination;

(b) A statement explaining how the amount of nonpayment was calculated, or how the payment is untimely or both;

(c) A statement explaining that the seed dealer’s license is suspended and the dealer has not demonstrated to the satisfaction of the Department that the dealer is current on all payments due as described in a final order issued by the Department and that the Department may refuse to issue or renew the seed dealer license;

(d) A statement explaining that a license applicant is an officer, owner or agent of the entity holding a seed dealer’s license that was suspended;

(e) A statement of the person’s right to request a hearing within 60 days of receipt of the notice and an explanation of how a hearing may be requested;

(f) A statement that a collaborative dispute resolution process is available as an alternative to a contested case hearing, and that choosing such process will not affect the right to a contested case hearing if a hearing request is received by the agency within the time period stated in the notice and the matter is not resolved through the collaborative process;

(g) A statement indicating whether and under what circumstances ODA may issue a final order by default.

History

Statutory/Other Authority: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680
Statutes/Other Implemented: ORS 576.738, 576.741 & 574.744
DOA 31-2012, f. & cert. ef. 12-21-12

Or. Admin. R. 603-047-0500 Collaborative Dispute Resolution; Mediation

(1) Resolution of contested cases. The department may enter into an informal disposition of a contested case with the parties to a contested case to resolve any matter identified in the department’s notice.

(a) Any informal disposition must be in writing and signed by the party or parties to the contested case;

(b) The department shall incorporate an informal disposition into a final order resolving all issues described in the notice.

(2) Dispute over price stemming from seed quality disputes. When a disagreement over payment or untimely payment stems from a disagreement between the seed dealer and the seed producer or grower regarding the quality of the seed of a contracted or purchased lot, then upon mutual agreement and request of both dealer and producer or grower, the Department may take an official sample of the disputed lot and submit the sample to the Oregon State University, agricultural research station, or other laboratory agreed upon by the parties for testing.

(a) The parties may agree that the results of this test shall be binding upon the dealer and producer or grower.

(b) The parties may agree that the cost of sampling and testing shall be shared equally between the dealer and producer or grower and dealer, but in no case shall the cost of sampling be ascribed to the department unless by consent of the department.

(3) Mediation of disputes. At any time after the department receives a complaint or issues a notice pursuant to OAR 603-047-0200, the parties to the disputed contract may enter into mediation to resolve the matters disputed.

(a) The department may keep a roster of qualified mediators to assist parties wishing to mediate the matters disputed and a mediator may be selected by agreement of the parties.

(b) Any mediation agreement between the parties must contain a provision for reporting to the department as to whether the mediation successfully resolves the matters asserted in the department’s notice. If there is no agreement, the Department may refer the matter to the Office of Administrative Hearings for a contested case hearing.

(c) A request for mediation does not toll the time period for requesting a contested case hearing if a notice has been issued.

History

Statutory/Other Authority: ORS 561.190, 576.738, 576.741, 576.744, 633.660, 633.670 & 633.680
Statutes/Other Implemented: ORS 576.738, 576.741 & 574.744
DOA 31-2012, f. & cert. ef. 12-21-12

Division 48 INDUSTRIAL HEMP

Or. Admin. R. 603-048-0010 Definitions

The following definitions apply to OAR 603-048-0010 through 603-048-2500 unless the context requires otherwise.

(1) “Adult use cannabis item” has the meaning given that term in ORS 475C.009.

(2) “Agricultural hemp seed”

(a) means Cannabis seed:

(A) That is sold to or intended to be sold to licensed growers for planting; or

(B) That remains in an unprocessed or partially processed condition that is capable of germination. (b) does not mean Cannabis seed produced from a marijuana plant.

(b) Does not mean Cannabis seed produced from a marijuana plant.

(3) “Agricultural hemp seed producer” means a person who produces agricultural hemp seed or processes industrial hemp into agricultural hemp seed.

(4) “Barrier” may include but is not limited to a man-made or natural feature, such as a row of trees or hedges, creek, or ditch which encloses, separates, or demarcates a space.

(5) “Cannabis” means the plant species Cannabis sativa and in these rules refers to all forms of the plant regardless of THC content.

(6) “Cannabis Tracking System” or “CTS” means the OLCC’s system for tracking the transfer of marijuana items.

(7) “CBD” means cannabidiol, Chemical Abstracts Service Number 13956-29-1.

(8) “Consumption” means ingestion, inhalation or topical application to the skin or hair.

(9) “Contiguous” for purposes of describing a production area means a single, uninterrupted geographical area where all parts of the production area are adjacent and connected to each other without any land, structure, or barrier separating any part of the production area. Up to eight feet of open tractor road is allowed within the production area.

(10) “Conviction” or “convicted” means any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged. A conviction is expunged when the conviction is removed from the individual’s criminal history record and there are no legal disabilities or restrictions associated with the expunged conviction, other than the fact that the conviction may be used for sentencing purposes for subsequent convictions. In addition, where an individual is allowed to withdraw an original plea of guilty or nolo contendere and enter a plea of guilty and the case is subsequently dismissed, the individual is no longer considered to have a conviction.

(11) “Crop” means industrial hemp grown under a single license.

(12) “Cut microgreen” means microgreens that have been cut such that the root is fully removed from the remainder of the plant. The remainder of the plant is the cut microgreen.

(13) “Days” means calendar days unless otherwise specified in rule.

(14) “Department” means the Oregon Department of Agriculture.

(15) “Grower” means a person, joint venture or cooperative that produces industrial hemp and includes a person growing for research purposes.

(16) “Grow site” means one contiguous lot, parcel, or tract of land used to produce or intended to produce industrial hemp.

(17) “Flowering” means a hemp plant that has formed a mass of pistils measuring greater than two centimeters wide at its widest point.

(18) “Handler” means a person, joint venture or cooperative that:

(a) receives industrial hemp for processing into industrial hemp commodities, products, or agricultural hemp seed;

(b) processes industrial hemp commodities or products into hemp items; or

(d) packages hemp items.

(19) “Handling site” means one contiguous lot, parcel, or tract of land used to process or intended to process industrial hemp.

(20) “Harvest” includes cutting of the cannabis plant such that the plant is no longer growing or removing part or all of the plant from the growing medium for the purpose of processing, storing, transfer or sale. Harvest does not include sampling for purposes of testing under OAR 603-048-0600, removal of all or part of the cannabis plant due to mold, pest, disease, or minimal pruning or removal of cannabis plants in the course of normal agricultural practices such as removing male plants.

(21) “Harvest Lot”:

(a) Means a quantity of Cannabis of the same variety or strain harvested in a distinct timeframe that is:

(A) Grown in one production area within a grow site; or

(B) Grown in one production area or within a portion of one production area within a grow site.

(b) Does not include a quantity of cannabis grown in noncontiguous areas.

(22) “Harvest Lot Identifier” means a unique numerical identifier that begins with the name of the grow site, then the year of harvest, and then a unique number to identify the harvest lot. If a harvest lot is subsequently split into one or more lots for purposes of testing in OAR 603-048-2300 to 603-048-2480 or for purposes of retesting in accordance with OAR 603-048-0630(3), a unique letter shall be added to the end of the original harvest lot identifier to identify the split lots.

(23) “Hemp” means industrial hemp and these terms are used interchangeably.

(24) “Hemp Item” has the meaning provided in OAR 603-048-2310.

(25) “Immature hemp plant” means a hemp plant that is not flowering.

(26) “Immature plant lot” means a quantity of immature hemp plants tested, transferred or sold as one unit.

(27) “Immature plant lot identifier” means a unique numerical identifier that begins with the name of the grow site, then the year of production, and then a unique number to identify the immature plant lot. If an immature plant lot is subsequently split into one or more lots for purposes of testing, a unique letter shall be added to the end of the original immature plant lot identifier to identify the split lots.

(28) “Industrial hemp”:

(a) Means the plant species Cannabis sativa, and any part of that plant whether growing or not including the seeds thereof, that contain an average total tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.

(b) Includes, but is not limited to:

(A) Industrial hemp that has been minimally preserved, for purposes of transfer or storage including chopping, separating, or drying;

(B) Microgreens; and

(A) Industrial hemp commodities or products; or

(B) Marijuana, as that is defined in ORS 475C.009 including but not limited to Cannabis seed produced by a marijuana plant.

(29) Industrial Hemp Commodity or Product:

(a) Means an item processed containing any industrial hemp or containing any chemical compounds derived from industrial hemp, including CBD derived from industrial hemp.

(b) Includes:

(A) Hemp concentrates or extracts as defined in OAR 603-048-2310;

(B) Hemp edible as defined in OAR 603-048-2310;

(D) Hemp topical as defined in OAR 603-048-2310;

(E) Hemp transdermal patch as defined in OAR 603-048-2310;

(F) Industrial hemp processed through retting or other processing such that it is suitable fiber for textiles, rope, paper, hempcrete, or other building or fiber materials;

(G) Industrial hemp seed processed such that it is incapable of germination and processed such that is suitable for human consumption;

(H) Industrial hemp seed pressed or otherwise processed into oil;

(I) Cut microgreens

(A) Industrial hemp that has not been processed in any form;

(B) Industrial hemp that has been minimally prepared for purposes of transfer or storage including chopping, separating, or drying;

(30) “Industrial hemp for human consumption” has the meaning in OAR 603-048-2310.

(31) “Kief” means the resinous trichomes of hemp that accumulate or fall off when hemp flowers are sifted through a mesh screen or sieve.

(32) “Key participant” means any person listed on an application for a license and:

(a) If an applicant or key participant is a limited partnership, each general partner in the limited partnership;

(b) If an applicant or key participant is a general partnership, each general partner in the general partnership;

(c) If an applicant or key participant is a manager-managed limited liability company, each manager of the limited liability company as those terms are defined in ORS 63.001;

(d) If an applicant or key participant is a corporation, each person with executive managerial control in a corporation. A person with executive managerial control includes, but is not limited to, any officer of the corporation;

(e) Any individual or legal entity with an ownership interest in the applicant or a key participant;

(f) If an applicant or key participant is a member-managed limited liability company, any individual or legal entity who holds or controls a direct or indirect interest of 20 percent or more in the applicant.

(g) Any principal investigator of an applicant for a research grower license.

(33) “Laboratory” means a laboratory that is licensed by the OLCC under ORS 475C.548 and accredited by the Oregon Health Authority under ORS 475C.560.

(34) “Land Use Compatibility Statement (LUCS) is a document that is submitted to a city or county official to confirm whether a proposed activity or permit is consistent with local government land use regulations.

(35) “License” means a license issued by the Department under ORS 571.281 and these rules.

(36) “Licensed research grower” means a person licensed to produce hemp for research purposes only pursuant to OAR 603-048-0126.

(37) “Licensee” means a grower, handler, agricultural hemp seed producer, research grower, vendor or other person licensed under ORS 571.281 or these rules.

(38) "Mature hemp plant” means a hemp plant that is flowering.

(39) “Microgreens” means seedling or small shoots of industrial hemp that have grown less than three inches in height from where the plant emerges from the soil or other growing medium to the tip of the plant greenery.

(40) “OLCC” means the Oregon Liquor and Cannabis Commission.

(41) “Ownership interest”:

(a) Includes any person or legal entity that exercises control over, or is entitled to exercise control over, the business. Control over the business includes but is not limited to the authority to enter a contract or similar obligations on behalf of the business.

(b) Includes any individual or legal entity owning the real or personal property of the proposed licensed site unless the owner of the property has given control over the property to another party via a lease or rental agreement or similar agreement.

(c) Does not include an employee acting under the direction of the owner or other non- executive employees such as farm, field, or shift managers that do not make financial planning decisions and that do not vote or exercise control of the business.

(42) “Planting” or the action “plants” means placing a seed, cutting, or plant in the ground or other media for the purpose of growing, or being in possession of any such seed, cutting, or plant.

(43) “Principal investigator” means an individual, retained by the applicant or licensee, who is primarily responsible for a hemp research project implemented or intended to be implemented under a research grower license.

(44) “Process” means the processing, compounding, or conversion of industrial hemp into industrial hemp commodities or products or agricultural hemp seed. It also means further processing, compounding or conversion of industrial hemp commodities or products into hemp items. Process includes the basic preparation of commodities or products, the alteration of a commodity or product into another, and preservation and packaging techniques. Processing does not include minimal preparation of hemp for purposes of transfer or storage including chopping, separating, or drying.

(45) “Process lot identifier” means a unique numerical identifier that begins with the last seven numbers of the handler’s license number or the name of the handler, then the year of processing, and then a unique number to identify the process lot.

(46) “Process lot” means:

(a) Any amount of hemp concentrate or extract of the same type and processed at the same time using the same extraction methods, standard operating procedures and batches from the same or different harvest lots; or

(b) Any amount of hemp cannabinoid products of the same type and processed at the same time using the same ingredients, standard operating procedures and batches from the same or different harvest lots or process lots of cannabinoid concentrate or extract.

(47) “Produce” means the planting, cultivation, growing, or harvesting of industrial hemp.

(48) “Production area” means a contiguous area at a grow site or proposed grow site where industrial hemp is produced or is intended to be produced and may include a field, greenhouse, raised bed, or other structure.

(49) “Retest” or “Retesting” means the laboratory process of retesting a retained file sample for THC content after the sample failed initial testing for THC content under OAR 603-048-0600. A retest does not include or permit taking a new sample from the harvest lot.

(50) “Seed lot” means a quantity of cannabis seeds tested, transferred, or sold as one unit.

(51) “Seed lot identifier” means a unique numerical identifier that begins with the name of the grow site, then the year of production, and then a unique number to identify the seed lot identifier. If a seed lot is subsequently split into one or more lots for purposes of testing, a unique letter shall be added to the end of the original seed lot identifier to identify the split lots.

(52) “Structure” means any wall, door, building (including but not limited to greenhouses or hoop houses), fencing, or barrier which encloses, separates, or demarcates a space.

(53) “Tetrahydrocannabinol” or "THC" means tetrahydrocannabinol and has the same meaning as delta-9 THC unless otherwise specified in the rule.

(54) “These rules” means OAR 603-048-0010 to 603-048-2500.

(55) "THCA" means (6aR,10aR)-1-hydroxy-6,6,9-trimethyl-3-pentyl-6a,7,8,10a-tetrahydro-6H-benzo[c]chromene-2-carboxylic acid, Chemical Abstracts Service Number 23978-85-.

(56) “Total THC” means the sum of the concentration or mass of delta-9-THCA multiplied by 0.877 plus the concentration or mass of delta-9-THC.

(57) “Trim” or “trimming” means the preparation or manicure of industrial hemp into usable hemp for retail sale.

(58) “Unit of sale” means an amount of a hemp item commonly packaged for transfer or sale to a consumer or capable of being packaged for transfer or sale to a consumer.

(59) “Vendor” means a person, including a retailer or wholesaler, that stores, transfers, or sells industrial hemp or hemp items for sale to another person, including to other vendors, wholesalers or consumers.

(60) “Vendor site” means a location or online domain where a vendor stores, transfers, offers for sale, or sells industrial hemp or hemp items.

History

Statutory/Other Authority: ORS 561.90 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 22-2021, temporary amend filed 07/28/2021, effective 07/28/2021 through 01/23/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018
DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018
DOA 22-2017, temporary amend filed 12/19/2017, effective 12/19/2017 through 04/03/2018
DOA 18-2017, temporary amend filed 11/09/2017, effective 11/09/2017 through 04/03/2018
DOA 15-2017, temporary amend filed 10/06/2017, effective 10/06/2017 through 04/03/2018
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17
DOA 19-2016, f. & cert. ef. 10-28-16
DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16
DOA 3-2015, f. & cert. ef. 1-29-15

Or. Admin. R. 603-048-0100 Licensing, generally

(1) Industrial hemp is an agricultural product subject to regulation by the Department.

(2) Only a licensee may sell, store, receive or transfer industrial hemp, except as provided in ORS 475C.305, ORS 571.266 and this rule.

(a) Laboratories are not required to be licensed with the Department to sample, test, or transfer or store industrial hemp for sampling and testing purposes; and

(b) Seed testing facilities with a registered seed technologist registered by the Society of Commercial Seed Technologist or certified seed analyst certified by the Association of Official Seed Analysts are not required to be licensed with the Department to sample, test, treat, or transfer or store industrial hemp seed or seedlings for sampling and testing purposes.

(c) A license is not required to transport or ship hemp or hemp products produced in accordance with 7 USC 1639 (https://uscode.house.gov/statviewer.htm?volume=132&page=4914), et seq. through the state.

(3) Licenses.

(a) Apply only to the individual or legal entity and location listed on the Department-issued license

(b) Are a personal privilege and may not be transferred.

(4) For transfers and sales within Oregon, a licensee may only sell or transfer industrial hemp or agricultural hemp seed to:

(a) Another licensee; or

(b) An OLCC licensee in accordance with ORS 571.336, ORS 571.337, and rules adopted thereunder.

(5) Restriction on industrial hemp product sales:

(a) For the purposes of this section, “consumer” means a person who purchases, acquires, owns, holds or uses industrial hemp products other than for the purpose of resale.

(b) A licensee may not transfer, sell, or offer for sale an industrial hemp product that contains more than 0.3 percent total THC to a consumer unless the licensee is licensed as a retailer by OLCC, as provided in ORS 475C.257.

(d) Beginning on January 1, 2026 a handler must adhere to Hemp Registry requirements in OAR Chapter 845, Division 26.

(6) Licensure and compliance with these rules does not protect a person from possible criminal prosecution under state or federal law or other sanctions by other governmental entities.

History

Statutory/Other Authority: ORS 561.190, ORS 571.260 - 571.348, 571.005 & 475C.257
Statutes/Other Implemented: ORS 571.260 - 571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17
DOA 19-2016, f. & cert. ef. 10-28-16
DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16
DOA 3-2015, f. & cert. ef. 1-29-15

Or. Admin. R. 603-048-0125 Grower Licensure

(1) Only a grower licensed with the Department may produce industrial hemp except as exempted in OAR 603-048-0100.

(2) Industrial hemp may only be produced at grow sites and within production areas included on the grower license except as exempted in OAR 603-048-0100.

(3) A licensed grower may use any propagation method, including planting seeds from, or starts, or the use of clones or cuttings, to produce industrial hemp.

(4) The Department shall make available to licensed growers information that identifies licensed agricultural hemp seed producers from whom growers may purchase agricultural hemp seed.

(5) Each grow site or production area identified by the Department that is not included on the grower license is a separate violation of section (2) of this rule.

(6) A grower may conduct the following activities only if approved by the Department to do so: trim, manufacture kief, or make pre-rolls, per 603-048-0128.

(7)(a) A grower may only apply pesticides to industrial hemp or hemp items that are included on the Hemp Program’s guide list or approved by the Environmental Protection Agency for use on industrial hemp.

(b) A grower must comply with all applicable laws and rules regulating pesticides.

(8) Sale or transfer of growing immature hemp plants are only permitted as follows:

(a) The person making the sale or transfer must be a licensed grower and hold a valid ODA nursery license issued under ORS571.055;

(b) The person receiving the sale or transfer must be a licensed grower; and

(9) Sale or transfer of growing mature hemp plants are only permitted as follows:

(a) The person making the sale or transfer must be a licensed grower and hold a valid ODA nursery license issued under ORS 571.055;

(b) The plants must have passed preharvest testing in accordance with OAR 603-048-0600; and

History

Statutory/Other Authority: ORS 561.190, ORS 569.445, ORS 571.260 - 571.348 & ORS 633.511-633.996
Statutes/Other Implemented: ORS 571.260 - 571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 28-2024, amend filed 12/30/2024, effective 12/31/2024
DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021
DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018

Or. Admin. R. 603-048-0126 Pre-Registration Violations

(1)(a) Except as provided in subsection (b) of this section, if a person plants an industrial hemp crop or commits a violation of ORS 571.260 to 571.348 prior to applying for a grower license, the Department shall refuse to issue a license to the person.

(b) If the crop described in subsection (a) of this section is removed and the Department determines that the violation is resolved, the person described in subsection (a) of this section may apply for a license under ORS 571.281. The crop must be disposed of in accordance with OAR 603-048-0640 within 14 calendar days of the Department’s notification to the person, unless the Department grants an extension in writing.

(2) If a person plants an industrial hemp crop or commits a violation of ORS 571.260 to 571.348 prior to being issued a grower license under ORS 571.281, the Department shall:

(a)(A) Prioritize the person’s industrial hemp crop for inspection under ORS 571.281 (7), if the person planted the industrial hemp crop as described in this subsection; and

(B) Require the person to enter into a corrective action plan as described in OAR 603-048-0800(6) with the Department; or

(b) Refuse to issue a license to the person if the Department determines that a corrective action plan is insufficient to address the violation.

(3) If the person described in section (2) of this rule does not enter into a corrective action plan pursuant to OAR 603-048-0800(6), the Department may not issue a license to the person under ORS 571.281.

(4) If the person described in section (2) of this rule refuses to permit or cooperate as described in OAR 603-048-0650(3) with a pre-licensure inspection or a pre-licensure sampling for THC content as described in OAR 603-048-0200(9) or refuses to obtain pre-licensure pre-harvest testing as requested by the Department, the Department may refuse to issue a license to the person under ORS 571.281.

(5) Planting an industrial hemp crop for the purposes of this rule includes growing cannabis plants at the same location a person identifies as a proposed grow site in a grower application unless the cannabis plants are permitted under ORS 475C.305, ORS 571.266, a license issued pursuant to ORS 475C.065, or a medical marijuana grow site registered under ORS 475C.792.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.260 - 571.348
Statutes/Other Implemented: ORS 571.260 - 571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 50-2023, minor correction filed 12/14/2023, effective 12/14/2023
DOA 26-2023, minor correction filed 08/30/2023, effective 08/30/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 22-2022, minor correction filed 08/18/2022, effective 08/18/2022
DOA 26-2021, adopt filed 11/09/2021, effective 11/09/2021
DOA 22-2021, temporary adopt filed 07/28/2021, effective 07/28/2021 through 01/23/2022

Or. Admin. R. 603-048-0127 Grower Research License

(1) A person proposing to grow hemp for research purposes only may apply for a research grower license.

(2) All of the provisions regarding growers in these rules apply to licensed research growers except as explicitly exempted or provided otherwise in this rule.

(a) When submitting an application for a research grower license, the applicant must include the address of research facilities where cannabis from the licensed grow site may be stored, handled, tested, or otherwise researched.

(b) When submitting an application for a research grower license, the applicant must submit the following:

(A) A written research plan that identifies the purpose of the research for conducting the research. The plan must identify the amount of cannabis intended to be grown. It must also identify how the applicant will ensure the plants and plant material remains at the grow site and prevent the material from entering the commercial marketplace.

(B) A written destruction plan that identifies when and how an applicant will timely dispose of plants grown under the license.

(D) Any other information pertinent to the research specifically requested by the Department.

(c) An applicant for a research grower license must submit the fee for a grower license in OAR 603-48-0700(1)(a) with its application but is not required to submit a fee for a grow site license. The applicant must identify every grow site in the application.

(d) A licensed research grower is not required to conduct preharvest testing in accordance with OAR 603-048-0600 except as required for transfers.

(e) A licensed research grow site or research facility may not be co-located with a medical marijuana grow site registered under ORS 475C.792 or marijuana producer licensed under ORS 475C.065.

(3) A licensed research grower must:

(a) Except as permitted in section 4 of this rule, ensure that all cannabis, and all parts thereof, grown under the license remains at the licensed grow site, research facility listed on the application, or laboratory and that the cannabis does not enter the commercial marketplace or used by a consumer.

(b) Dispose in accordance with OAR 603-048-0640 all cannabis, and all parts thereof, grown under the license in the grower’s possession within 30 days of completing research activities on the cannabis and prior to the termination of the license.

(4) Sale and Transfers.

(a) A licensed research grower may not sell or transfer any cannabis, or parts thereof, grown under the research grower license to any other person or otherwise allow the cannabis to enter the commercial marketplace, be used by a consumer, or leave the licensed grow site or research facility listed on the application, except as explicitly permitted in this rule.

(b) A licensed research grower may send samples of cannabis, or parts thereof, grown under the research grower license to a laboratory for testing.

(c) A licensed research grower may sell or transfer cannabis, or parts thereof, grown under the research grower license to a licensed grower if the cannabis has passed pre-harvest testing in accordance with OAR 603-048-0600 prior to transfer.

(d) A licensed research grower may sell or transfer cannabis, or parts thereof, grown under the research grower license to another licensed research grower.

(5) The Department must deny an application for a research grower license and revoke a research grower licensee if the proposed or licensed grow site or research facility is co-located with a medical marijuana grow site registered under ORS 475C.792 or a marijuana producer licensed under ORS 475C.065.

(6) The following are Class 1 violations:

(a) Failing to comply with any part of this rule.

(b) Failing to comply with a written research plan.

(d) Failing to comply with any condition placed on the license by the Department.

(e) Failing to comply with a Department order.

(7) The Department may impose conditions on the grower research license that the Department determines necessary to be consistent with ORS 571.260 to ORS 571.348 or these rules or to ensure that cannabis does not enter the chain of commerce.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 23-2025, amend filed 09/29/2025, effective 09/29/2025
DOA 15-2025, temporary amend filed 06/06/2025, effective 06/06/2025 through 11/16/2025
DOA 14-2025, temporary amend filed 05/21/2025, effective 05/21/2025 through 06/03/2025
DOA 48-2023, minor correction filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 26-2021, adopt filed 11/09/2021, effective 11/09/2021

Or. Admin. R. 603-048-0128 Grower Endorsements

(1) A licensed grower may trim industrial hemp produced by the grower without a handler license only if the grower:

(a) Trims at the licensed grow site where the industrial hemp was produced;

(b) Submits to the Department prior to beginning any trimming activities a valid LUCS stating that trimming is not prohibited signed by the local county or government with jurisdiction over the grow site; and

(2) A licensed grower may manufacture kief from industrial hemp produced by the grower without a handler license only if the grower:

(a) Manufactures the kief at the licensed grow site where the industrial hemp was produced;

(b) Submits to the Department prior to beginning any kief-related activities a valid LUCS stating (LUCS) stating that kief manufacture is not prohibited signed by the local county or government with jurisdiction over the grow site;

(c) Complies with all requirements and restrictions applicable to handlers for the production of hemp products and commodities and all requirements and restrictions OLCC imposes on producers licensed under ORS 475.065 for manufacturing kief in OAR Chapter 845, Divisions 25 and 26; and

(d) Complies with all applicable testing requirements for kief in OAR 603-048-2300 to 603-048-2500.

(3) A licensed grower may manufacture hemp pre-rolls without a handler license only if under the following circumstances:

(a) The pre-roll consists of only dried hemp leaves and flowers, an unflavored rolling paper and a filter or tip.

(b) The grower manufactures the pre-rolls at the licensed grow site where the industrial hemp used for the pre-roll was produced;

(c) The grower submits to the Department prior to beginning any pre-roll-related activities a LUCS stating that pre-roll manufacture is not prohibited signed by the local county or government with jurisdiction over the grow site;

(d) The grower complies with all requirements and restrictions applicable to handlers for the production of hemp products and commodities and all requirements and restrictions OLCC imposes on producers licensed under ORS 475.065 for manufacturing pre-rolls in OAR Chapter 845, Divisions 25 and 26; and

(e) Complies with all applicable testing requirements for pre-rolls in OAR 603-048-2300 to 603-048-2500.

(4) For a grow site that proposes or is licensed to trim industrial hemp, manufacture kief, or manufacture pre-rolls, if the Department receives written notification from the jurisdiction where a proposed grow site or licensed grow site is located that the LUCS is invalid or is no longer valid, the Department may require the applicant or licensee to obtain a new LUCS. If a new LUCS is not submitted, the Department may deny or revoke the license. If the LUCS submitted states that the proposed land use is prohibited in the applicable zone or otherwise fails to demonstrate that the proposed activity is permitted, the Department shall revoke or deny the license.

(5) The Department may suspend or revoke an existing endorsement if the handler does not comply with rules pertaining to that endorsement.

History

Statutory/Other Authority: ORS 561.191 & 571.260 - 571.348
Statutes/Other Implemented: 571.260 - 571.348
DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026

Or. Admin. R. 603-048-0150 Handler Licensure

(1) Only a handler licensed with the Department may process industrial hemp or further process a hemp item, except as otherwise permitted under these rules.

(2) A handler may only process industrial hemp, commodities, or products as identified on an approved LUCS and as approved by the Department. This requirement becomes effective on July 1, 2026.

(3) Industrial hemp may only be processed at the sites indicated on the handler’s license. A handler must obtain a separate license for each handling site. Handling sites may not be moved or relocated.

(4) Beginning on January 1, 2026 a handler must adhere to Hemp Registry requirements in OAR Chapter 845, Division 26.

(5) Handler Licensure by Reciprocity. A marijuana processor licensed under ORS 475C.085 with a hemp endorsement as described in OAR 845-025-3210 from the OLCC may be licensed by reciprocity with the Department as a handler in accordance with OAR 603-048-0225(5). A marijuana processor licensed by reciprocity:

(a) Is deemed to be in compliance with the recordkeeping requirements in OAR 603-048-0500 if the marijuana processor tracks all industrial hemp and industrial hemp products and commodities in the Cannabis Tracking System as required by OAR Chapter 845, Division 25.

(b) Is deemed to be in compliance with testing requirements for hemp items if the marijuana processor tests all hemp items as required in OAR Chapter 845, Division 25.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 27-2023, minor correction filed 08/30/2023, effective 08/30/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018

Or. Admin. R. 603-048-0151 Handler Endorsements

(1) For licenses issued on or after June 31, 2026, a handler may only process hemp edibles, hemp topicals, hemp concentrates, or hemp extracts if the handler has a current endorsement from the Department for that type of processing activity. Endorsements types are:

(a) Hemp edible;

(b) Hemp topical;

(d) Hemp extract.

(2) To request an endorsement, an applicant must submit the documents as described in section 3 of this rule with the applicant’s initial handler application or at any time following licensure with a change form.

(3) To apply for an endorsement, a handler applicant or handler licensee must submit:

(a) A form prescribed by the Department that identifies the proposed endorsements;

(b) A land use compatibility statement showing that any proposed handler endorsements are not prohibited uses; and

(c) For application for an extraction endorsement and if required by the local governing body for other endorsement types, proof of passing inspection of extraction equipment by a professional engineer and a certificate of occupancy from the local governing body.

(4) A handling site may have multiple endorsements.

(5) For the purposes of endorsements, any hemp cannabinoid product that is intended to be consumed or ingested orally or applied in the mouth is considered a hemp edible.

(6) The Department may deny a handler’s request for an endorsement or suspend or revoke an existing endorsement if the handler cannot or does not comply with rules pertaining to that endorsement.

(7) The Department may cancel an endorsement or handler license if the license is found to be exercising endorsement privileges without having been approved for that endorsement or continuing to exercise that endorsement after receiving notice that the landowner or local governing body has revoked permission to do so.

(8) Violations. Processing without the required endorsement is a Class I violation.

History

Statutory/Other Authority: ORS 561.191, 571.263 & 571.281(9)
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026

Or. Admin. R. 603-048-0175 Vendor Site License

(1) Effective July 1, 2024, a vendor must have a license with the Department under these rules for each vendor site prior to storing, transferring, offering for sale, or selling industrial hemp or hemp items to consumers in Oregon except:

(a) A license is not required if the person only facilitates the sale or transfer by connecting buyers and sellers and the person does not store the industrial hemp or hemp items at any time.

(b) A licensed grower, handler, or agricultural hemp seed producer is not required to be licensed with the Department as a vendor site to store, transfer, or sell industrial hemp or hemp items the licensee produced or processed if the licensee first notifies the Department of the location where the industrial hemp or hemp items are stored, transferred, or sold in the license application or on another form provided by the Department.

(d) A license is not required for a person who only transports industrial hemp or hemp items and does not store the industrial hemp or hemp items at any time other than as necessary for transportation or delivery.

(2) A vendor site license is effective the day the Department issues the license and expires annually on June 30. Fees are not prorated.

(3) A vendor site license applies only to the vendor site identified on the license; each address must obtain a separate license. Vendor sites may not be moved or relocated.

(4) For an online vendor, a vendor site license may apply to all webpages that are part of the second level domain name.

(5) Each unlicensed vendor site identified by the Department is a separate violation of section (1) of this rule.

(6) Beginning on January 1, 2026 a vendor must adhere to Hemp Registry requirements in OAR Chapter 845, Division 26.

(7) In addition to record keeping requirements of 603-048-0500, at the point of sale to a consumer and until three years after a product is out of inventory, a vendor must have immediately available for viewing a copy of certificate of analysis for each hemp product showing passing full compliance testing.

History

Statutory/Other Authority: ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.263, 571.269 & 571.281
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 13-2024, adopt filed 06/05/2024, effective 06/05/2024

Or. Admin. R. 603-048-0200 Grower Licensure Applications and Review

(1) Licenses are valid for a one-year term beginning on January 1 of each calendar year. Licenses granted after January 1 are effective on the date issued.

(a) An applicant must submit, and the Department must receive, a complete application and applicable fees by no later than May 31 of the calendar year for any grower license.

(b) An applicant may submit a grower application late if received by the Department by no later than July 31 and submitted with the late fee for each grow site application identified in OAR 603-048-0700.

(c) An applicant is not subject to the May 31 deadline if the applicant has purchased land with an active grower license. No new production areas or grow sites other than those included in the original license may be added or moved after May 31 unless submitted with the late fee identified in OAR 603-048-0700 for each new grow site before July 31.

(2) The Department shall review and act on applications in the order they are received. An individual is not licensed with the Department until the Department has approved the license and notified the applicant of licensure.

(3) To apply for a grower license, an applicant must submit to the Department:

(a) A complete grower license application on a form provided by the Department;

(b) A complete grow site application on a form provided by the Department for each proposed grow site;

(d) Consent to a criminal records check by fingerprint identification for the applicant or if the applicant is a legal entity, submit a consent for every key participant in the applicant entity in accordance with ORS 181A.195, ORS 181A.200 and OAR chapter 125, division 7 and the Department’s directives. To complete the criminal records check, the Department may require additional information, documents, or action including, but not limited to, fingerprint identification, proof of identity, or additional criminal, judicial, or other background information at any time. Consent for a criminal records check is required only if the applicant or key participant has not passed a criminal records check with the Department in the previous two licensing years or if otherwise required by the Department. The Department may, in its discretion, require a criminal records check at any time.

(e) An informed consent form prescribed by the Department if the applicant is not the owner of the premises where the grow site will be located. The consent form:

(A) Is valid for only the grower or growers named on the consent form.

(B) Must be signed by the owner of the premises or the property owner’s legal representative for the grow site and must not have been terminated.

(f) Documentation of lawful participation in a pilot program prior to December 20, 2018, if the applicant or any key participant is disqualified due to a felony conviction relating to a controlled substance within the last ten years from the date of application but asserts the convicted individual was growing hemp lawfully under a pilot program authorized by Section 7606 of the Agricultural Act of 2014 before December 20, 2018.

(g) Any other documents or information requested by the Department.

(4) A person seeking to produce or process agricultural hemp seed must separately apply for and obtain an agricultural hemp seed producer license as described in OAR 603-048-0300.

(5) A grower license application must include the following information:

(a) The name, legal type of applicant (individual, corporation, etc.).

(b) Contact information for the applicant.

(c) For business entities, principal place of business for licensee, Oregon Secretary of State registry number, names of all key participants, employer identification number, and contact information, including phone number and e-mail of all key participants;

(d) A primary contact person who the Department can contact to arrange for onsite inspections or for questions regarding the application or license and contact information (phone number, email) for the primary contact person.

(e) The address of each grow site;

(f) Other information specified by the Department in the application, including but not limited to:

(A) The intended use of the industrial hemp (flower, seed, and/or fiber); and

(B) The intended number of acres or square feet to be cultivated.

(g) Any other information or forms required by the Department.

(h) For each proposed grow site location, a completed grow site application form with the following information:

(A) The address of the grow site;

(B) A grow site map that identifies:

(i) All points of ingress or egress to the property, including roads

(ii) All structures or buildings;

(iii) For any structures or buildings where hemp will be grown, any rooms, walls, doors, and windows in those structures

(iv) All production areas using clear boundaries and any barriers or structures within or between production areas.

(D) If in the production area is a field:

(i) The global positioning system (GPS) coordinates provided in decimal of degrees and taken at the approximate center of the growing field; and

(ii) The number of square feet or acres of each cultivated field.

(E) If in the production areas is a greenhouse or other building:

(i) The global positioning system (GPS) coordinates provided in decimal of degrees and taken at the approximate center of the greenhouse or other building; and

(ii) The approximate dimension or square feet of the greenhouse or other building.

(6)(a) To add a grow site or a production area to an existing grower license during the licensed calendar year, the licensed grower must:

(A) For additions submitted by May 31 of the license year, submit a complete grow site application form or change form and change fee identified in OAR 603-048-0700 to the Department.

(B) For additions submitted after May 31 but no later than July 31, submit a complete grow site application form or change form and a late fee identified in OAR 603-048-0700 for each grow site application.

(b) A grower may request that the Department remove a grow site or productions area at any time without a fee. The Department may approve or deny the request. Grow sites and production areas may not be moved or relocated.

(7) Renewal Application.

(a) A person with a current valid license may apply for a renewal license by applying as described in subsection (3) and (5) of this rule, submitting an application on a form provided by the Department.

(b) The Department must receive the complete renewal application and all applicable fees by no later than December 1 of the current license year.

(d) The Department shall deny an applicant for a renewal if the applicant fails to report the information required in OAR 603-048-0400(7). An application received after December 1 will be treated as an initial application.

(8) In addition to the requirements in sections (3) to (7), all applicants must acknowledge and agree in the application that:

(a) Any information provided to the Department may be publicly disclosed and may be provided to law enforcement agencies without notice to the applicant or licensee;

(b) The Department, or its designee, may enter any field, facility or greenhouse used for the production or handling of industrial hemp or agricultural hemp seed and may take samples of industrial hemp or agricultural hemp seed as necessary for the administration of the Department’s laws.

(d) The information provided is true and correct and that applicant’s signature is an attestation of that fact.

(9) The Department, in its discretion, may require an inspection of the grow site prior to licensure. The inspection may include sampling for THC testing. The Department, in its discretion, may require an applicant to conduct pre-harvest testing on any cannabis present at the grow site prior to licensure and submit passing test results to the Department.

(10) Incomplete Applications.

(a) If an applicant does not provide all information or documentation required by rule or pay the applicable fee, the Department shall reject the application as incomplete.

(b) If an application is illegible or is substantially incomplete, the Department may summarily reject the application as incomplete. If an applicant fails to provide all information or documentation required, the Department may notify the applicant of the missing information or documentation and allow the applicant 15 days to submit the missing information or documentation. If the applicant fails to timely submit all the missing information or documentation, the Department shall reject the application as incomplete.

(c) The Department may verify the information submitted, verify any accompanying documentation submitted with an application, or request additional information, documentation, or attestation from the applicant to ensure compliance with ORS 571.260 to ORS 571.348. If an applicant fails to timely submit information, documentation, criminal history check, or attestation requested by the Department, the Department shall reject the application as incomplete.

(d) An applicant whose application is rejected as incomplete may reapply until May 31 of the calendar year or July 31 with the late fee identified in OAR 603-048-0700. If the individual reapplies by May 31 of the calendar year or July 31 with the late fee identified in OAR 603-048-0700, the application fee may be applied to a new application. An applicant who reapplies after May 31 shall be denied unless they apply by July 31 and submit the late fee identified in OAR 603-048-0700.

(11) Denial.

(a) The Department must deny an initial or renewal grow site and grower application if:

(A) The applicant fails to satisfy any of the requirements for initial licensure.

(B) The applicant or any key participant has been convicted of a felony relating to a controlled substance within the last ten years from the date of application unless the conviction also occurred before December 20, 2018, the convicted individual was growing hemp lawfully under a pilot program authorized by Section 7606 of the Agricultural Act of 2014 before December 20, 2018, and documentation of the participation is submitted with the application.

(C) The applicant or any key participant plants an industrial hemp crop or commits a violation of ORS 571.260 to ORS 571.348 prior to applying for a grower license unless:

(i) the applicant disposes the industrial hemp crop in accordance with OAR 603-048-0640 within 14 days of the Department’s notification to the applicant, unless the Department grants an extension in writing; and

(ii) the Department determines the violation is resolved.

(D) Required to deny under OAR 603-048-0126.

(E) The applicant or any key participant materially falsifies any information or documentation submitted in or with an application.

(F) Any production areas identified in the application are within the boundaries of another licensed hemp grow site, a licensed recreational marijuana premises, or a plot at a medical marijuana grow site.

(G) The applicant or licensee has outstanding civil penalties and is not making payments consistent with a repayment plan agreed upon by the Department.

(b) The Department may deny an initial or renewal grow site or grower application if:

(A) The applicant or any key participant violated or has a history of noncompliance with:

(i) A provision of ORS 571.260 to ORS 571.348;

(ii) A rule adopted under a provision of ORS 571.260 to ORS 571.348;

(iii) An order issued by the Department pursuant to a provision of ORS 571.260 to ORS 571.348 or a rule adopted thereunder, including a detainment order;

(iv) Any statutory law or Department rule related to agricultural activities other than industrial hemp operations.

(B) The application, or material submitted with or to supplement the application, contains false, misleading, or incorrect information;

(C) The applicant is a legal entity that is required to be registered with the Oregon Secretary of State but does not have an active registration;

(D) The owner of the proposed grow site or the property owner’s legal representative notifies the Department in writing that they have withdrawn consent for applicant to produce hemp at the proposed grow site location; or

(E) The applicant, or any key participant, has a history of noncompliance with OLCC statutes or rules regarding the prohibition on the unregulated commerce of marijuana items including but not limited to any violation or disciplinary action under ORS 475C.185 or OAR 845-025-8590(2)(e).

(F) Issuing the license would be a violation of or inconsistent with the Agriculture Improvement Act of 2018 (P.L. 115-334) or 7 CFR Part 990.

(G) The applicant fails to complete pre-harvest testing in accordance with OAR 603-048-0600 upon Department request, cannabis at the proposed grow site fails pre-harvest testing, or any cannabis at the proposed grow site exceeds 0.3 percent total THC and is not otherwise permitted by ORS 475C.305 or under a license issued under ORS 475C.

(12) Ineligibility based on past noncompliance.

(a) A grower, and all key participants, is ineligible for a grower license for a period of five years if the grower commits three of any of the violations below over a five-year-period:

(A) the grower produces cannabis that exceeds 1.0 percent THC on a dry weight basis;

(B) the grower fails to provide a legal description of land on which the grower produces hemp;

(b) Only for the purposes of determining ineligibility under subsection (a) of this rule:

(A) A grower shall accrue a maximum of one violation per year.

(B) The period of ineligibility begins on the date that the last violation is found in a final order by the Department.

(c) A grower, and all key participants, is ineligible for a grower license for a period of two year from the date a final order is entered revoking the grower’s license, except for final orders issued pursuant to subsection (a) of this rule where the ineligibility period of five years.

(d) A grower or key participant whose application is denied under OAR 603-048-0126(1)(a) or section (11)((b), (B), or (E) of this rule, is ineligible for a period of two year from the date a final order is entered denying the grower’s license, except for final orders issued pursuant to subsection (a) of this rule where the ineligibility period is five years.

(e) A grower or key participant ineligible under this rule may not apply or reapply for a grower license during the period of ineligibility.

(f) The Department must deny any grower application submitted by a person ineligible under this rule and shall revoke the license of a person who is ineligible under this rule.

(g) Nothing in this rule prevents the Department from assessing multiple violations or from taking other action to revoke or deny a license or impose civil penalties.

(13) The Department may place an application on hold if the applicant, licensee, any key participant, or the proposed grow site is currently under investigation for violation of ORS 571.260 to 571.348, these rules, other cannabis laws or statutes, or pending a disciplinary action with the Department,

(14) The Department may not issue a license to an applicant that is a legal entity if it is required to be registered with the Oregon Secretary of State but does not have an active registration.

History

Statutory/Other Authority: ORS 561.120, 561.200, 561.275, 561.190, 569.445, ORS 571.260-571.348 & 633.511-633.996
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 23-2025, amend filed 09/29/2025, effective 09/29/2025
DOA 15-2025, temporary amend filed 06/06/2025, effective 06/06/2025 through 11/16/2025
DOA 14-2025, temporary amend filed 05/21/2025, effective 05/21/2025 through 06/03/2025
DOA 13-2025, temporary amend filed 05/20/2025, effective 05/20/2025 through 06/03/2025
DOA 12-2025, temporary suspends temporary DOA 25-2024, filed 05/20/2025, effective 05/20/2025 through 06/03/2025
DOA 25-2024, temporary amend filed 12/06/2024, effective 12/06/2024 through 06/03/2025
DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 28-2022, temporary amend filed 11/16/2022, effective 11/16/2022 through 05/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 22-2021, temporary amend filed 07/28/2021, effective 07/28/2021 through 01/23/2022
DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018
DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17
DOA 19-2016, f. & cert. ef. 10-28-16
DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16
DOA 1-2016(Temp), f. & cert. ef. 1-29-16 thru 7-26-16
DOA 3-2015, f. & cert. ef. 1-29-15

Or. Admin. R. 603-048-0205 Criminal Records Check

(1) Criminal offender information is confidential. The Department shall not disclose records regarding criminal offender information received when processing grower license applications except for persons with a demonstrated and legitimate need to know the information.

(2) The only convictions the Department shall consider are felonies relating to a controlled substance within the last ten years from the date of application.

(3) An application is incomplete if the applicant or any key participant is required to submit a consent to criminal history check and refuses to consent to the criminal history check, refuses to be fingerprinted or respond to written correspondence, or discontinues the criminal records process for any reason. Incomplete fitness determinations may not be appealed.

(4) The Department, in its discretion, may require a criminal history check of any applicant or key participant more frequently than otherwise required by these rules.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2021, adopt filed 11/09/2021, effective 11/09/2021

Or. Admin. R. 603-048-0225 Handler Applications and Review

(1) Licenses are valid for a one-year term beginning on January 1 of each calendar year. Licenses granted after January 1 are effective on the date issued.

(2) Renewal Application. A person with a current valid license may apply for a renewal license by submitting a complete renewal application and renewal fee to the Department by no later than December 1 of the current license year. All application requirements for an initial license apply to an application for renewing a license.

(3) The Department shall review and act on applications in the order they are received. An individual is not licensed with the Department until the Department has approved the license and notified the licensee of licensure.

(4) To apply for a handler license, an applicant must submit to the Department:

(a) A complete application to the Department on forms provided by the Department; and

(b) All applicable fees as described in OAR 603-048-0700.

(5) A person seeking to produce or process agricultural hemp seed must separately apply for and obtain an agricultural hemp seed producer licensure as described in OAR 603-048-0300.

(6) An application for a handler licensure must:

(a) Include all the following information:

(A) The name, legal type of applicant (individual, corporation, etc.), Oregon Secretary of State business registry number for if legal entity required to be registered, and contact information of the applicant;

(B) The name and address of applicant’s handling site;

(C) A primary contact person who the Department can contact to arrange for onsite inspections or for questions regarding the application or license and contact information (phone number, email) for the primary contact person.

(D) Other information for purposes of studying the growth, cultivation, and marketing of industrial hemp as specified by the Department in the application.

(b) Include a completed copy of the Department land use compatibility statement (LUCS) for each hemp operation location signed by the local county or government.

(c) An informed consent form prescribed by the Department if the applicant is not the owner of the premises where the handling site will be located. The consent form:

(A) Is valid for only the applicant(s) named on the consent form.

(B) Must be signed by the owner of the premises or the property owner’s legal representative for the handler site and must not have been terminated.

(d) Include any other information or forms required by the Department.

(7) In addition to the requirements in sections (4) to (6), all applicants for licensure must acknowledge and agree that:

(a) Any information provided to the Department may be publicly disclosed and may be provided to law enforcement agencies without notice to the applicant or licensee;

(b) The Department, or its designee, may enter any facility used for processing and may take samples of industrial hemp, agricultural hemp seed, or industrial hemp products or commodities as necessary for the administration of the Department’s laws.

(d) Licensure and compliance with these industrial hemp rules may not protect a person from possible criminal prosecution under federal law or other sanctions by federal entities, or from possible criminal prosecution under the laws of other states.

(8) The Department, in its discretion, may require an inspection of the handling site prior to issuing a license.

(9) Incomplete Applications.

(a) If an applicant does not provide all of the information or documentation required in rule or otherwise required by the Department of this rule or pay the applicable fee, the Department shall reject the application as incomplete.

(b) If an application is illegible or is substantially incomplete, the Department may summarily reject the application as incomplete. If an applicant fails to provide all of the information required, the Department may notify the applicant of the missing information and allow the applicant 15 days to submit the missing information.

(c) The Department may verify the information submitted, verify any accompanying documentation submitted with an application, or request additional information, documentation, or attestation from the applicant to ensure compliance with ORS 571.260 to ORS 571.348 and these rules. If an applicant fails to timely submit information, documentation, or attestation requested by the Department, the Department shall reject the application as incomplete.

(d) An applicant whose application is rejected as incomplete may reapply at any time. If the individual reapplies within the year, the application fee may be applied to a new application.

(10) Denial.

(a) The Department must deny an initial or renewal application if:

(A) The LUCS submitted states that the proposed land use is prohibited in the applicable zone or the LUCS fails to demonstrate that the proposed license activity is permitted; or

(B) The applicant fails to satisfy any of the requirements for initial licensure.

(b) The Department may deny an initial or renewal application if:

(A) The applicant violated or has a history of noncompliance with:

(i) A provision of ORS 571.260 to ORS 571.348;

(ii) A rule adopted under a provision of ORS 571.260 to ORS 571.348;

(iii) An order issued by the Department pursuant to a provision of ORS 571.260 to ORS 571.348 or a rule adopted thereunder, including a detainment order;

(iv) Any statutory law or Department rule related to agricultural activities other than industrial hemp operations.

(v) State or federal laws related to the unlawful manufacture, delivery, export or import of marijuana.

(B) The application, or documents submitted with the application, contains false, misleading, or incorrect information;

(C) The applicant is a legal entity that is required to be registered with the Oregon Secretary of State but does not have an active registration.

(D) The applicant or individual member of applicant has a history of noncompliance with OLCC statutes or rules regarding the prohibition on the unregulated commerce of marijuana including but not limited to any violation or disciplinary action under ORS 475C.185 or OAR 845-025-8590(2)(e).

(E) There is cannabis plant material at the proposed handling site that:

(i) Exceeds 5 percent total THC a dry weight basis calculated in accordance with OAR 333-064-0100(4) that is not otherwise permitted by ORS 475A.305 or under a license issued by OLCC under ORS 475C.

(ii) Exceeds permissible possession limits under ORS 475A.305 and is not otherwise authorized under a license issued by OLCC under ORS 475C.

(11) Licensure by Reciprocity. A marijuana processor licensed under ORS 475C.085 with a hemp endorsement as described in OAR 845-025-3210 from the OLCC may apply for a handler license by submitting to the Department:

(a) A complete reciprocity handler licensure application on forms provided by the Department;

(b) A copy of the marijuana processor’s current license and hemp endorsement;

(d) Any other forms or documents required by the Department.

(12) Ineligibility based on past noncompliance.

(a) A handler is ineligible for a handler license for a period of two year from the date a final order is entered revoking the handler’s license.

(b) A handler whose application is denied under section (10)(b)(A), (B), or (D) of this rule is ineligible for a period of two year from the date a final order is entered denying the handler’s license.

(c) A handler ineligible under this rule may not apply or reapply for a handler license during the period of ineligibility.

(d) The Department must deny any handler application submitted by a person ineligible under this rule and shall revoke the license of a person who is ineligible under this rule.

(13) The Department may place an application on hold if the applicant, licensee, or proposed site is currently under investigation for violation of ORS 571.260 to 571.348 or these rules, pending a disciplinary action with the Department, or under investigation for violating a state or federal law related to the unlawful manufacture, delivery, export or import of marijuana.

(14) If the Department receives written notification from the jurisdiction where a proposed handling site or licensed handling site is located that the LUCS is invalid or is no longer valid, the Department may require the applicant or licensee to obtain a new LUCS. If a new LUCS is not submitted, the Department may deny or revoke the license. If the LUCS submitted states that the proposed land use is prohibited in the applicable zone or otherwise fails to demonstrate that the proposed licensed activity is permitted, the Department shall revoke or deny the license.

(15) The Department may not issue a license to an applicant that is a legal entity that is required to be registered with the Oregon Secretary of State but does not have an active registration.

(16) The applicant or licensee has outstanding civil penalties and is not making payments consistent with a repayment plan agreed upon by the Department.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 25-2024, temporary amend filed 12/06/2024, effective 12/06/2024 through 06/03/2025
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 28-2022, temporary amend filed 11/16/2022, effective 11/16/2022 through 05/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018

Or. Admin. R. 603-048-0300 Agricultural Hemp Seed Producer License Application and Review

(1) Only a grower licensed with the Department may produce agricultural hemp seed. Only a handler licensed with the Department may process agricultural hemp seed. An applicant may apply for a grower or handler license at the same time the applicant applies for a license as an agricultural hemp seed producer.

(2) A licensed grower or handler seeking to produce or process agricultural hemp seed must obtain an agricultural hemp seed producer license unless:

(a) A licensed grower retains agricultural hemp seed only for the purpose of personally propagating industrial hemp for the grower’s own use in future years;

(b) A licensed grower renders all Cannabis seeds produced such that they are incapable of germination; or

(3) An application to produce agricultural hemp seed must include all of the following information:

(a) The name, legal type of applicant (individual, corporation, etc.), Oregon Secretary of State business registry number if a legal entity required to be registered, and contact information of the applicant;

(b) The name and address of the applicant’s agricultural hemp seed operation(s);

(A) The global positioning system (GPS) coordinates provided in decimal of degrees and taken at the approximate center of the growing field;

(B) The number of square feet or acres of each cultivated field; and

(d) If industrial hemp is grown in a greenhouse or other building:

(A) The global positioning system (GPS) coordinates provided in decimal of degrees and taken at the approximate center of the greenhouse or other building;

(B) The approximate dimension or square feet of the greenhouse or other building; and

(e) Other information for purposes of studying the growth, cultivation, and marketing of industrial hemp as specified by the Department in the application.

(f) Any other information or forms required by the Department.

(4) An application to process agricultural hemp seed must include all of the following information:

(a) The name legal type of applicant (individual, corporation, etc.) and contact information of the applicant;

(b) The name and address of applicant’s facility used for processing industrial hemp agricultural seed.

(c) Other information for purposes of studying the growth, cultivation, and marketing of industrial hemp as specified by the Department in the application.

(d) Any other information, documents or forms required by the Department.

(5) A licensed grower may retain agricultural hemp seed without an agricultural hemp seed producer license for the purpose of personally propagating industrial hemp in future years, except that a licensed grower may not:

(a) Retain seed from a harvest lot for future planting that failed pre-harvest THC testing as described in OAR 603-048-0600 and 603-048-0630.

(b) Sell or transfer agricultural hemp seed for the purpose of planting without first obtaining an agricultural hemp seed producer license.

(6) An applicant for licensure must acknowledge and agree that:

(a) Any information provided to the Department may be publicly disclosed and may be provided to law enforcement agencies without notice to the applicant or licensee;

(b) The Department may enter any field, facility, greenhouse, or other building used for the production or processing of industrial hemp and may take samples of industrial hemp, industrial hemp commodities or products, or agricultural hemp seed as necessary for the administration of the Department’s laws.

(d) The information provided is true and correct and that applicant’s signature is an attestation of that fact.

(e) Licensure and compliance with industrial hemp rules does not protect a person from possible criminal prosecution under federal law or other sanctions by federal entities.

(7) Renewal Application.

(a) A person with a current valid license may apply for a renewal license by submitting a complete renewal application on a form provided by the Department. The renewal application must include:

(A) Updated contact information for the applicant and all key participants, as applicable if applicant is applying for a grower license;

(B) Any other information required by the Department.

(b) The Department must receive the complete renewal application described in OAR 603-048-0700 by no later than December 1 of the current license year.

(c) All application requirements for an initial license apply to a renewal application except as specifically identified in this rule.

(8) The Department, in its discretion, may require an inspection of the grow site prior to licensure. The inspection may include sampling for THC testing as described in ORS 571.281 or OAR 603-048-8010.

(9) Incomplete Applications.

(a) If an applicant does not provide all of the information required by rule or otherwise required by the Department or pay the applicable fee, the Department shall reject the application as incomplete.

(c) The Department may verify the information submitted, verify any accompanying documentation submitted with an application, or request additional information, documentation, or attestation from the applicant to ensure compliance with ORS 571.260 to ORS 571.348 and these rules. If an applicant fails to submit information, documentation, or attestation requested by the Department, the Department shall reject the application as incomplete.

(d) An applicant whose application is rejected as incomplete may reapply at any time. If the individual reapplies within the year, the application fee may be applied to a new application.

(10) Denial.

(a) The Department must deny an initial or renewal application if the applicant is not licensed as a grower or handler.

(b) The Department may deny an initial or renewal application if:

(A) The applicant or key participant violated or has a history of noncompliance with:

(i) A provision of ORS 571.260 to ORS 571.348;

(ii) A rule adopted under a provision of ORS 571.260 to ORS 571.348 ;

(iii) An order issued by the Department pursuant to a provision of ORS 571.260 to ORS 571.348 a rule adopted thereunder, including a detainment order; or

(iv) Any statutory law or Department rule related to agricultural activities other than industrial hemp operations.

(B) The application, or documents submitted with the application, contains false, misleading, or incorrect information;

(C) The applicant is a legal entity that is required to be registered with the Oregon Secretary of State but does not have an active registration; or

(D) The applicant, or any key participant, has a history of noncompliance with OLCC statutes or rules regarding the prohibition on the unregulated commerce of marijuana including but not limited to any violation or disciplinary action under ORS 475C.185 or OAR 845-025-8590(2)(e).

(11) Licenses are valid for a one-year term beginning January 1 of each calendar year. Licenses granted after January 1 are effective on the date issued.

(12) Ineligibility based on past noncompliance.

(a) An industrial hemp seed producer, and all key participants, is ineligible for an industrial hemp seed producer license for a period of one year from the date a final order is entered revoking the license.

(b) An industrial hemp seed producer or key participant whose application is denied under section (10)(b)(A), (B), or (D) of this rule is ineligible for a period of two year from the date a final order is entered denying the license.

(c) An industrial hemp seed producer or key participant ineligible under this rule may not apply or reapply for an industrial hemp seed producer license during the period of ineligibility.

(d) The Department must deny any industrial hemp seed producer application submitted by a person ineligible under this rule and shall revoke the license of a person who is ineligible under this rule.

(13) The Department may not issue a license to an applicant that is a legal entity required to be registered with the Oregon Secretary of State but does not have an active registration.

(14) The applicant or licensee has outstanding civil penalties and is not making payments consistent with a repayment plan agreed upon by the Department.

History

Statutory/Other Authority: ORS 561.120, 561.200, 561.275, 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 25-2024, temporary amend filed 12/06/2024, effective 12/06/2024 through 06/03/2025
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 28-2022, temporary amend filed 11/16/2022, effective 11/16/2022 through 05/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018
DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17
DOA 19-2016, f. & cert. ef. 10-28-16
DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16
DOA 3-2015, f. & cert. ef. 1-29-15

Or. Admin. R. 603-048-0315 Vendor Site Application and Review

(1) To apply for a vendor site license, an applicant must submit to the Department:

(a) A complete vendor site license application on a form provided by the Department;

(b) All applicable fees as described in OAR 603-048-0700; and

(2) A vendor site license application must include the following information:

(a) The name, legal type of applicant (individual, corporation, etc.);

(b) Contact information for the applicant;

(d) A primary contact person the Department can contact regarding the application or license and contact information (phone number, email) for the primary contact person;

(e) The address of the vendor site; and

(f) Any other information specified by the Department in the application.

(3) Renewal Application.

(a) A person with a current valid license may apply for a renewal license by submitting a complete renewal application on a form provided by the Department. The renewal application must include:

(A) Updated contact information for the applicant and primary contact person;

(B) Any other information required by the Department.

(b) The Department must receive the complete renewal application and all applicable fees described in OAR 603-048-0700 by no later than June 30 of the current license year.

(4) Incomplete Applications.

(a) If an applicant does not provide all information or documentation required in rule or otherwise required by the Department or pay the applicable fee, the Department shall reject the application as incomplete.

(b) If an application is illegible or is substantially incomplete, the Department may summarily reject the application as incomplete.

(c) If an applicant fails to provide the information required, the Department may notify the applicant of the missing information and allow the applicant 15 days to submit the missing information.

(d) The Department may verify the information submitted, verify any accompanying documentation submitted with an application, or request additional information, documentation, or attestation from the applicant to ensure compliance with ORS 571.260 to ORS 571.348 and these rules. If an applicant fails to timely submit information, documentation, or attestation requested by the Department, the Department shall reject the application as incomplete.

(e) An applicant whose application is rejected as incomplete may reapply at any time. If the applicant reapplies within the same license year, the application fee may be applied to a new application.

(5) The Department may not issue a license to an applicant that is a legal entity if it is required to register with the Oregon Secretary of State but does not have an active registration.

History

Statutory/Other Authority: ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.263, 571.269 & 571.281
DOA 13-2024, adopt filed 06/05/2024, effective 06/05/2024

Or. Admin. R. 603-048-0400 Reporting Requirements

(1) A licensee must immediately report, within 48 hours, the theft or loss of industrial hemp or hemp items to the Department. A licensee must provide a copy of the police report of such a theft to the Department or the police report number of such a theft upon the Department’s request. A vendor is not required to report shrinkage of industrial hemp or hemp items.

(2) An applicant or licensee must report to the Department in writing within 10 days of the following:

(a) A disciplinary proceeding or enforcement action by another government entity that may affect the applicant or licensee’s business;

(b) Permanent closure of a grow site, research facility, vendor site or handling site. The applicant or licensee is responsible for all activities at a grow site, research facility, vendor site or handling site until the date the Department is notified of a permanent site closure in accordance with OAR 603-048-0800(1).

(c) Any felony arrest or conviction of the applicant or grower licensee or of a legal entity, any key participant, relating to a controlled substance or the unlawful manufacture, delivery, export or import of marijuana.

(d) On a form provided by the Department and changes to the name, address, e-mail or telephone number of the licensee, primary contact person, or any key participant within 10 days of the change;

(e) On a form provided by the Department, the removal of a production area and the addition of a production area at a grow site prior to producing at a new production area. The grower must comply with OAR 603-048-0200(6)(a) prior to producing at a production area not previously identified to the Department in the current license year.

(f) Any and all licensed production areas that the licensee decides not to plant with industrial hemp or does not plant with industrial hemp during the licensing year.

(3) Changes in Business Structure or Ownership. A licensee that proposes to change its business structure or ownership structure must submit a complete Change in Business or Ownership on a form provided by the Department to the Department, and receive written approval by the Department, prior to making such a change.

(a) The Department shall approve the change if the change would not result in an initial or renewal application denial or revocation under these rules.

(b) If the licensee proceeds with the change without an approved Change in Business or Ownership form, the licensee must surrender the license in writing or the Department shall revoke the license.

(c) The Department may refuse to accept a Change in Business or Ownership form for a change in business structure or financial interest if the license is expiring in less than 90 days, the licensee is under investigation by the Department, or has been issued a Notice by the Department following an alleged violation and the alleged violation has not been resolved.

(d) If a licensee has a change in ownership that is 51% or greater, a new application and application fees must be submitted. The Department shall process the application in accordance with these rules, notwithstanding 603-048-0200(1) except that no new production areas or grow sites other than those included in the original license may be added or moved after May 31 unless otherwise permitted by OAR 603-048-0200(6)(a).

(e) A licensed grower must submit with the Change in Business or Ownership consent for a criminal background check for any new licensee or key participant in the licensed business in accordance with OAR 603-048-0200(3)(d).

(4) Licensees must pay the change fee described in OAR 603-048-0700 for each change form submitted under section (2)(b),(d),(e) or (3)(a))of this rule.

(5) Growers must ensure that all laboratory THC test results for all harvest lots are timely reported to the Department and that any failed test report is immediately reported to the Department as required by these rules.

(6) By December 1 of the current license year:

(a) Growers shall report to the Department on forms provided by the Department:

(A) Amount of industrial hemp planted (in acres or square feet);

(B) Amount of industrial hemp harvested;

(b) Handlers shall report to the Department on forms provided by the Department:

(A) Type of industrial hemp commodities and products produced;

(B) The amount of industrial hemp commodities and products produced per type; and

(7) Growers shall report hemp crop acreage to the United States Department of Agriculture Farm Service Agency in accordance with 7 CFR 990.7 the following information:

(a) Street address and geospatial location for each production area;

(b) Acreage dedicated to the production of hemp or greenhouse or indoor square footage dedicated to hemp; and

(8) Growers must submit at least one of the following reports to the Department for each production area identified with the Department or at the grow site by no later than December 1 of the license year. Submission by December 1 does not excuse failure to comply with any other applicable deadline.

(a) Report of decision not to plant the production area during the license year as described in section (2)(f) of this rule.

(b) Test report as described in OAR 603-048-0600.

(d) Loss report as described in section (1) of this rule.

(e) Permanent closure report as described in section (2)(a) of this rule.

(f) Notification to the Department that crop is still growing in the production area.

(9) For purposes of this rule, “permanent closure” means that the grow site, research facility, handling site, or vendor site will not be used for licensed activities for the remainder of the licensed year. Licensed activities include any form of producing, including possession of any live plants or germination of seeds, any form of processing, and any storage of industrial hemp or hemp products and commodities.

(10) For the purposes of this rule, “shrinkage” means the loss of inventory due to circumstances such as shoplifting, fraud, employee theft, and administrative error.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.260 - 571.348
Statutes/Other Implemented: ORS 571.260 - 571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 22-2021, temporary amend filed 07/28/2021, effective 07/28/2021 through 01/23/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018
DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018
DOA 23-2017, temporary amend filed 12/19/2017, effective 12/19/2017 through 04/03/2018
DOA 15-2017, temporary amend filed 10/06/2017, effective 10/06/2017 through 04/03/2018
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17
DOA 19-2016, f. & cert. ef. 10-28-16
DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16
DOA 3-2015, f. & cert. ef. 1-29-15

Or. Admin. R. 603-048-0500 Record Keeping Requirements

(1) Licensees must maintain records required under these rules for at least three (3) years after there is no remaining inventory of each harvest, seed, immature plant, or process lot, as identified by unique identifier assigned pursuant to this rule.

(2) For purposes of identifying industrial hemp and industrial hemp products and commodities for record keeping:

(a) Growers must assign each harvest lot of industrial hemp produced by the grower a harvest lot identifier as that term is defined in 603-048-0010.

(b) Growers must assign each seed lot produced by the grower a seed lot identifier as that term is identified in OAR 603-048-0010.

(c) Growers must assign immature plant lot transferred or sold by the grower an immature plant lot identifier as that term is identified in OAR 603-048-0010.

(d) Handlers must assign a process lot identifier as that term is defined in 603-048-0010 to any hemp items made by the handler.

(e) Licensees must assign a unique identifier to each lot of industrial hemp, industrial hemp for human consumption, and hemp items received from outside Oregon.

(3) Grower Recordkeeping. A grower must create and maintain records for all industrial hemp planted or produced that includes the following information:

(a) The harvest lot, seed lot, and immature plant lot identifier as applicable;

(b) Grow site and production area identifiers;

(d) Any and all sampling and testing documentation from preharvest testing;

(e) Documentation of any production area not planted during the licensing year and documentation of reporting to the Department in accordance with OAR 603-048-0400(2)(f).

(f) For cannabis waste and all other cannabis disposal:

(A) Documentation of disposal, including photos or videos, as required in OAR 603-048-0640; and

(B) Documentation of required reports to the Department as required in OAR 603-048-0640.

(4)(a) Industrial Hemp Recordkeeping. A licensee must create and maintain records for each harvest lot, seed lot, or immature plant lot, or portion thereof, of industrial hemp that includes the following information:

(A) The name and address of the person(s) transferring the lot to the licensee or receiving the lot from the licensee.

(B) The hemp or marijuana license number of the person(s) transferring or receiving the lot. If the lot is received from or transferred to outside of Oregon, include the hemp or marijuana outside-state license number of the person(s) transferring or receiving

(D) The date of receipt or transfer;

(E) The amount of industrial hemp (plants, material, seeds) received or transferred in pounds;

(F) All test reports for each lot received or transferred;

(G) If transferred to an OLCC licensee(s), the UID number(s), as that term is defined in OAR 845-025-1015, assigned to the harvest lot(s).

(b) The requirements of section (4)(a) of this rule does not apply to sale or transfers of immature plants to a consumer.

(5) Recordkeeping for Industrial Hemp for Human Consumption and Hemp Items.

(a) A licensee must create and maintain records for the receipt or transfer of each process lot, or portion thereof, of industrial hemp for human consumption and hemp items that include the following information:

(A) The name and address of the person(s) transferring the industrial hemp for human consumption or hemp items to the licensee or receiving the industrial hemp for human consumption or hemp items from the licensee.

(B) The hemp or marijuana license number of the person(s) transferring or receiving the process lot. If the process lot is received from or transferred to outside of Oregon, include the hemp or marijuana outside-state license number of the person transferring or receiving.

(C) The process lot identifier or unique identifier for the industrial hemp for human consumption and hemp items received or transferred.

(D) The date of receipt or transfer;

(E) The amount in units or pounds received or transferred;

(F) All test reports for the industrial hemp for human consumption and hemp items received or transferred;

(G) If transferred to an OLCC licensee, the UID number(s), as that term is defined in OAR 845-025-1015, assigned to industrial hemp for human consumption and hemp items transferred.

(b) The requirements of section (5)(a) of this rule does not apply to sale or transfers from a licensee to a consumer.

(c) A licensee must create and maintain records for each process lot, or portion thereof, of industrial hemp for human consumption and hemp items that are disposed. The records must include the process lot identifier, the date of disposal, reason for disposal, and the amount disposed.

(6) Handler Recordkeeping. A handler must create and maintain disposition information for each harvest lot and process lot of industrial hemp, industrial hemp for human consumption and hemp items, or portion thereof received or transferred that includes the following information:

(a) Whether the industrial hemp, industrial hemp for human consumption, or hemp items was transferred without processing;

(b) If processed:

(A) The process lot identifier;

(B) The method of processing;

(D) The amount in units or pounds of the hemp item created.

(7) A licensee must provide, upon the Department’s request, records relating to the operation of the licensed business or any key participant in the licensed business, including but not limited to records required to be maintained by the legal entity under ORS 60.771, 63.771, 65.771 67.150, 70.050 or other applicable laws within 12 business days from date of email or after date delivered by certified mail.

(8) It is a separate violation for each harvest or process lot, or portion thereof, that a licensee fails to create or maintain records as required by this rule. In addition, each failure to comply with an obligation described under this rule is a separate violation for each harvest or process lot, or portion thereof.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 11-2021, minor correction filed 04/07/2021, effective 04/07/2021
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17
DOA 19-2016, f. & cert. ef. 10-28-16
DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16
DOA 3-2015, f. & cert. ef. 1-29-15

Or. Admin. R. 603-048-0520 Co-Location of Hemp Production

(1) For the purposes of this rule, the following definitions apply:

(a) “Medical marijuana grower registration” means a grower registration issued under ORS 475C.792.

(b) “Medical marijuana plot” means an area designated at a hemp grow site for producing cannabis plants under a medical marijuana grower registration.

(c) “Hemp research plot” means an area designated at a hemp grow site for producing cannabis plants under a licensed research grower license.

(d) “Personal grow plot” means an area designated at a hemp grow site for producing cannabis plants pursuant to pursuant to ORS 475C.305.

(2) Medical Marijuana. If a grower produces cannabis pursuant to a medical marijuana grower registration at the grow site, the grower must:

(a) Complete and implement a control plan, on a form provided by the Department, that describes how plants grown pursuant to the industrial hemp license shall be separated from plants grown pursuant to a medical marijuana grower registration. The control plan must identify how harvested plant material will be maintained and stored separately. Medical marijuana plots may not be in the same location or overlap with a production area.

(b) Maintain a copy of the control plan at the grow site at all times and immediately provide upon request.

(c) Ensure that only plants grown pursuant the industrial hemp license are grown in production areas and only plants grown pursuant to a medical marijuana grower registration are grown in medical marijuana plots;

(d) Post a grow site plan that identifies the location of the hemp production areas and medical marijuana plots;

(e) Visually demarcate the boundaries of hemp production areas and medical marijuana plots through signs, fencing, or cordoning.

(3) OLCC-Licensed Marijuana. If a grower produces cannabis pursuant to a license issued under ORS 475C.065, the grower shall submit a copy of the OLCC-approved control plan as described in OAR 845-025-1115(2)(g) to the Department.

(4) Research Hemp. If a grower produces cannabis pursuant to a licensed research grower license at the grow site, the grower must:

(a) Complete and implement a control plan, on a form provided by the Department, that describes how plants grown pursuant to the industrial hemp grower license shall be separated from plants grown pursuant to a licensed research grower license. The control plan must identify how harvested plant material will be maintained and stored separately. Hemp research plots may not be in the same location or overlap with a production area.

(b) Maintain a copy of the control plan at the grow site at all times and immediately provide to the Department upon request.

(c) Ensure that only plants grown pursuant the industrial hemp grower license are grown in production areas and only plants grown pursuant to a research grower license are grown in hemp research plots;

(d) Post a grow site plan that identifies the location of the hemp production areas and hemp research plots;

(e) Visually demarcate the boundaries of hemp production areas and hemp research plots through signs, fencing, or cordoning.

(5) Personal Grows. Cannabis plants grown pursuant to ORS 475C.305 may not be located in a hemp production area. A grower that produces cannabis plants pursuant to ORS 475B.301 must:

(a) Ensure that only plants grown pursuant the industrial hemp license are grown only in production areas and only plants grown pursuant to ORS 475C.305 are grown in personal use plots;

(b) Post a grow site plan that identifies the location of the hemp production areas and any personal use plots.

(c) Visually demarcate the boundaries of hemp production areas and any personal use plots through signs, fencing, or cordoning.

(6) Any and all cannabis grown in a hemp production area identified in a grower application or later identified to the Department as a hemp production area is subject to sampling and testing by the Department or its designee.

(7) A grower that stores cannabis grown pursuant to a medical marijuana grower registration, a licensed research grower, or under ORS 475C.305 must ensure that the harvested cannabis is segregated from its harvested industrial hemp. The grower must:

(a) Comply with the storage requirements in OAR 603-048-0540;

(b) Label all cannabis harvested from plants grown pursuant to a medical marijuana grower registration, a licensed research grower, or under ORS 475C.305 with the following:

(A) Identify the cannabis as grown pursuant to a medical marijuana grower registration, licensed research grower, or as cannabis from a “personal grow”;

(B) The date the cannabis was harvested.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
DOA 23-2025, amend filed 09/29/2025, effective 09/29/2025
DOA 15-2025, temporary amend filed 06/06/2025, effective 06/06/2025 through 11/16/2025
DOA 14-2025, temporary amend filed 05/21/2025, effective 05/21/2025 through 06/03/2025
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 29-2021, adopt filed 12/29/2021, effective 01/01/2022

Or. Admin. R. 603-048-0540 Industrial Hemp Drying and Storage Requirements

(1) When drying or storing industrial hemp, licensees must label each harvest lot with the following information:

(a) The license number of the grower that produced the harvest lot;

(b) The harvest lot identifier; and

(2) The pre-harvest test results for each drying or stored harvest lot must be readily available at the drying or storage location and produced upon request.

(3) A licensee may only dry or store industrial hemp in locations identified on the grow site application or on a change form submitted to the Department identifying where industrial hemp will be dried or stored.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 28-2023, minor correction filed 08/30/2023, effective 08/30/2023
DOA 29-2021, adopt filed 12/29/2021, effective 01/01/2022

Or. Admin. R. 603-048-0545 Transport THC Limitations

A licensee may, within the boundaries of this state, transport to or receive from:

(1) Another licensee or a laboratory licensed under ORS 475C.548:

(a) industrial hemp; or

(b) An industrial hemp commodity that contains no more tetrahydrocannabinol than five percent THC if the industrial hemp or industrial hemp used in the industrial hemp commodity originated from a crop inspected under ORS 571.281(7) that was found to not contain an average tetrahydrocannabinol concentration exceeding the concentration specified by the Department by rule.

(2) If permitted by Commission rules, a person licensed under ORS 475C.085, 475C.093 or 475C.097 industrial hemp or an industrial hemp commodity or product that contains no more tetrahydrocannabinol than allowed by the Commission by rule if the industrial hemp or industrial hemp used in the industrial hemp commodity or product originated from a crop inspected under ORS 571.281 (7) that was found to not contain an average tetrahydrocannabinol concentration exceeding the concentration specified by the Department by rule.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
DOA 51-2023, minor correction filed 12/14/2023, effective 12/14/2023
DOA 29-2023, minor correction filed 08/30/2023, effective 08/30/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 29-2021, adopt filed 12/29/2021, effective 01/01/2022

Or. Admin. R. 603-048-0550 Transport Documentation Requirements

(1) When transporting industrial hemp or agricultural hemp seed, licensees must ensure a copy of the following documents accompanies the industrial hemp or agricultural hemp seed:

(a) A copy of the hemp grower license;

(b) A copy of the invoice or bill of lading that includes the originating location and destination and contact information of buyer and seller if applicable; and

(c) A copy of the pre-harvest test results issued by a laboratory under OAR 603-048-0600 and sampling documentation required under OAR 603-048-0600 that corresponds to the harvest lot(s) in transit as identified by harvest lot identifier.

(2) “Industrial hemp commodities” for the purpose of this rule means industrial hemp items that are not, or are not yet, packaged for retail sale.

(3) When transporting industrial hemp commodities, licensees must ensure a copy of the following documents accompanies the industrial hemp commodities:

(a) A copy of the hemp license of the transferor and recipient, if applicable;

(b) A copy of the invoice or bill of lading that includes the originating location and destination and contact information of buyer and seller if applicable.

(4) When transporting industrial hemp for human consumption or hemp items, licensees must ensure a copy of test results required under OAR 603-048-2300 accompanies the industrial hemp for human consumption or hemp items.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.260 - 571.348
Statutes/Other Implemented: ORS 571.260 - 571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021
DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018

Or. Admin. R. 603-048-0600 Pre-Harvest Sampling and Testing for Tetrahydrocannabinol

(1) A grower may not:

(a) Harvest a harvest lot until it has been sampled in accordance with these rules.

(b) Transfer or sell a harvest lot until it has passed testing in accordance with these rules.

(c) Conduct repeat preharvest sampling and testing on a harvest lot that has failed testing under this rule except as expressly permitted in OAR 603-048-0630.

(2) Required Sampling and Testing:

(a) A grower must ensure that the grower’s entire crop is timely sampled and tested according to these rules.

(b) Harvest lots must be sampled and tested separately and may not be combined. At the discretion of the grower, industrial hemp grown in a single production area may be subdivided into separate harvest lots for sampling and testing consistent with these rules. A subdivided production area must still meet the definition of a production area. Sampling must be conducted and testing must be reported using the harvest lot identifier described in OAR 603-048-0500(2).

(c) A grower must arrange for and ensure the sampling of a harvest lot no more than 30 days prior to harvest for the purpose of ensuring that the harvest lot does not exceed permissible THC concentration levels on a dry weight basis. Harvest must be complete within the applicable time period for sampling or the grower must arrange for additional sampling of the unharvested cannabis in accordance with these rules.

(d) If a purpose of the harvest lot is to produce flower, the grower must arrange for sampling such that flowers are present at the time of sampling. In this case, only plants with flowers shall be sampled.

(e) The grower or authorized representative must provide the sampler with unrestricted and unobstructed access to all hemp and other cannabis plants whether growing or harvested and all lands, buildings, and other structures used for cultivation, handling, and storage of all hemp and Cannabis and all other locations listed in the grower’s license.

(f) During a scheduled sampling, the grower, person in charge of the grow site, or an authorized representative of the grower shall be present at the grow site.

(3) All sampling and testing must be performed by the Department or a laboratory.

(4) If a grower uses a laboratory to perform testing and sampling the grower must ensure that the laboratory:

(a) Retains all documentation of sampling and testing for at least three years and can provide such documentation to the Department upon request.

(b) Complies with laboratory control sample recovery and Relative Percent Difference requirements in OAR 333-064-0100.

(d) Can demonstrate that its limit of quantification (LOQ) for THC is at or below 0.15 percent THC.

(e) Requires all laboratory staff conducting sampling to complete annual sampling training with the Department prior to conducting sampling.

(f) Tests for and reports the total THC content of the harvest lot calculated in accordance with OAR 333-064-0100(4).

(5) To request sampling and testing, prior to sampling a grower must submit to the laboratory, or the Department, a completed sampling request form provided by the Department that includes:

(a) A written sampling request for THC analysis for each harvest lot, as identified by the harvest lot identifier, for which the grower is requesting sampling and testing and the total number of harvest lots to be sampled and tested;

(b) A description of the location of the production area of each harvest lot, as identified by the harvest lot identifier, including the GPS coordinates or address of the harvest lot; and

(c) A written description and visual depiction of each harvest lot to be sampled and tested such that the production area for each harvest lot is apparent from a visual inspection of the premises and easily discernible from other harvest lots.

(6) Sampling of a harvest lot must:

(a) Occur after the laboratory or Department personnel fully complete the sampling form provided by the Department onsite at the production area.

(b) Produce a sample that is representative of the harvest lot.

(A) In accordance with the Department’s Sampling Protocol prescribed in Exhibit A and incorporated by reference.

(B) Such that a sufficient sample size is taken and retained for analysis of all requested tests, any requested retest, and any quality control performed by the testing laboratory for these tests.

(7) A grower must ensure that:

(a) The laboratory conducts testing according to the Department’s Testing Protocol prescribed in Exhibit B and incorporated by reference.

(b) The laboratory reports all test results electronically to the Department at HempTestReports@oda.oregon.gov using the forms provided by or approved by the Department or via an online portal operated by the Department, and include for each sample tested:

(A) Grower’s name and license number;

(B) Harvest lot identifier;

(D) Testing date;

(E) Total THC percentage to the second decimal point only calculated in accordance with OAR 333-064-0100(4);

(F) The laboratory’s measurement of uncertainty for THC testing of industrial hemp. Measurement of uncertainty means the parameter, associated with the result of the measurement, that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement;

(G) Clear identification of the harvest lot by harvest lot identifier that corresponds to the sample and the location of the corresponding harvest lot’s production area;

(H) Copy of grower’s sampling request form required in section (5) of this rule; and

(I) Copy of the completed sampling form required in section (6) of this rule.

(c) The laboratory reports all results from testing conducted under this rule to the United States Department of Agriculture. The test results report must contain the following information:

(A) Grower’s license number;

(B) Grower’s name;

(D) Harvest lot identifier

(E) Name of the laboratory

(F) Date of the test and report

(G) Whether it is a retest;

(H) Test result.

(d) If a sample fails testing a grower must ensure that:

(A) The laboratory sends the failed test report electronically to the Department at HempTestReports@oda.oregon.gov using the forms provided or approved by the Department or via an online portal operated by the Department within 24 hours of the failed test report.

(B) The laboratory sends failed test reports to the grower who requested the testing using the forms provided or approved by the Department within 24 hours of the failed test report.

(8) A sample fails testing when the application of the measurement of uncertainty to the amount of total THC of the sample calculated in accordance with OAR 333-064-0100(4) reported by a laboratory produces a distribution or range that does not include 0.3 percent or less on a dry weight basis. A laboratory’s measurement of uncertainty may not exceed 10 percent of the measured value. If the sample from a harvest lot fails required THC testing under these rules the harvest lot corresponding to the sample fails required THC testing.

(9) A sample passes testing when the application of the measurement of uncertainty to the amount of total THC of the sample calculated in accordance with OAR 333-064-0100(4) reported by a laboratory produces a distribution or range that includes 0.3 percent or less on a dry weight basis and the harvest lot was sampled and tested in compliance with these rules. If the sample of the harvest lot passes THC testing under these rules, the harvest lot corresponding to the sample passes required THC testing.

(10) Upon receipt of a failed test report:

(a) The grower must immediately clearly label or place signage on the harvest lot that it failed testing.

(b) The grower must immediately detain the harvest lot at the grow site and may not sell, harvest, transfer, or process the harvest lot.

(c) The grower may not move the harvest lot from the grow site or allow the harvest lot to be removed from the grow site without written permission from the Department.

(d) If the harvest lot has not been harvested, the grower may continue normal agricultural processes to maintain the viability of the harvest lot, but may not harvest without written permission from the Department,

(e) If the harvest lot has been harvested, the grower must immediately segregate the failed harvest lots from any other harvest lots. If the failed harvest lot has been comingled, all cannabis commingled with a failed harvest lot must be detained and is subject to all of the requirements, including required disposal, of the failed harvest lot.

(11) For any harvest lot that fails testing, unless the harvest lot passes testing upon resampling or retesting in accordance with OAR 603-048-0630, the grower must dispose of the harvest lot, including all parts of the cannabis plants including the stalk and seed, in accordance with OAR 603-048-0640:

(a) Within fourteen (14) days of the failed test report if no resampling or retesting in accordance with these rules is sought unless extended by the Department in writing; or

(b) Within fourteen (14) days of any failed test report from any resampling, or retesting completed in accordance with these rules unless extended by the Department in writing.

(12) Invalid Sampling or Testing:

(a) It is the grower’s obligation to demonstrate and maintain documentation that each harvest lot was sampled and tested in accordance with these rules and passes THC testing required by these rules.

(b) Sampling or testing that does not meet all of the requirements and standards of these rules is invalid. The harvest lot corresponding to an invalid sampling or invalid testing fails to satisfy the required THC testing under these rules.

(c) The Department may detain, seize, embargo, and dispose of the harvest lot that fails THC testing under this rule or that was invalidly sampled or tested as provided under OAR 603-048-0900.

(13) The Department may, at its discretion, agree to conduct sampling and testing for a licensed grower. Prior to conducting the sampling and testing the grower must pay fees as described in OAR 603-048-0700 for each harvest lot requested to be sampled and tested.

(14) In addition to the testing required by this section the Department may inspect any industrial hemp and sample for testing for THC content. The Department may detain, seize, embargo, and dispose of any industrial hemp that fails THC testing as described in section (9) of this rule.

(15) All laboratories conducting sampling or testing must be registered with the United States Drug Enforcement Agency in accordance with 21 USC 823(f) unless the United States Department of Agriculture issues written guidance or amends the federal rules to extend or waive this requirement.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 561.120, 561.200, 561.275, 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018
DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018
DOA 24-2017, temporary amend filed 12/19/2017, effective 12/19/2017 through 04/03/2018
DOA 15-2017, temporary amend filed 10/06/2017, effective 10/06/2017 through 04/03/2018
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17
DOA 19-2016, f. & cert. ef. 10-28-16
DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16
DOA 1-2016(Temp), f. & cert. ef. 1-29-16 thru 7-26-16
DOA 3-2015, f. & cert. ef. 1-29-15

Or. Admin. R. 603-048-0630 Failed Pre-Harvest Testing; Retesting

(1) If a sample tested under OAR 603-048-0600 fails an initial test, a grower may pursue retesting at the grower’s own cost pursuant to sections (2) and (3) of this rule.

(2) Retesting of Failed Samples. If a sample tested under OAR 603-048-0600 fails an initial test, the laboratory that did the testing, or the Department if the Department did the testing, may retest the sample pursuant to the Testing Protocol, Exhibit B. If the sample passes, the sample must be retested by another laboratory or the Department and again pass testing to confirm the result in order for the harvest lot to pass testing.

(a) If a grower wishes to have a sample retested, the grower must request a retest within 10 business days from the date the notice of the failed test was sent to the grower. The retest must be completed within 30 calendar days from the date the retest was requested.

(b) To request retesting, the grower must provide the laboratory, or the Department, with the following on a form provided by the Department:

(A) A written request for retesting for each sample the grower requests be retested; and

(B) Notification that the sample is being retested because of the failed test and the failed test results.

(c) If a grower has requested a retest in accordance with subsection (2)(a) and (b) of this rule and the sample passes upon retest, the grower has seven (7) days from the date the notice of the passed test is sent to request that another laboratory, or the Department, retest the remaining file sample and confirm that the sample meets requirements established in OAR 603-048-0600. The initial laboratory must coordinate with the second laboratory or the Department to provide the remaining file sample for retesting. The retesting must be completed within 30 days from the date the retesting was requested.

(d) If a grower has requested an initial or secondary retest and the test report indicates that the sample failed testing as described in OAR 603-048-0600(8) the sample fails testing and no further testing is permitted under this subsection.

(e) Reporting:

(A) A grower must report electronically to the Department within 24 hours, at HempTestReports@oda.oregon.gov using the forms provided or approved by the Department, or via an online portal operated by the Department, any initial or secondary request for retest of a sample.

(B) A grower must ensure that a laboratory reports electronically to the Department within 24 hours, at HempTestReports@oda.oregon.gov using the forms provided or approved by the Department, or via an online portal operated by the Department, the testing results of the initial or secondary retest.

(3) Resampling Production Area. If a sample tested under OAR 603-048-0600 fails an initial test, a grower may seek resampling and retesting of the production area if:

(a) The original plants in the production area associated with the failed test remain standing and growing in the production area.

(b) The grower requests the resampling within seven (7) days from the date the notice of the failed test was sent to the grower.

(c) The grower subdivides the production area into separate harvest lots for resampling and retesting if the initial test reported that the production area exceeds 1.0 percent total THC on a dry weight basis.

(d) The grower properly identifies the subdivided harvest lots in accordance with OAR 603-048-0500 if required to subdivide under section (3)(c) of this rule.

(e) The grower provides the laboratory or the Department with the following on a form provided by the Department:

(A) A written request for resampling for each harvest lot the grower requests be resampled that includes all of the information required in OAR 603-048-0600 for initial sampling; and

(B) Notification that the harvest lot is being resampled because of the failed test and the failed test results.

(f) The resampling occurs within ten (10) days of the request for resampling and the test results are reported within 30 days of the request for resampling.

(4) If the harvest lot fails testing after resampling conducted under section (3) of this rule, the grower may pursue retesting pursuant to section (2) of this rule, but may not pursue resampling under section (3) of this rule.

(5) Reporting:

(a) A grower must report electronically to the Department within 24 hours, at HempTestReports@oda.oregon.gov using the form provided or approved by the Department, or via an online portal operated by the Department any requests for resampling under this subsection.

(b) A grower must ensure that the laboratory reports electronically to the Department within 24 hours, at HempTestReports@oda.oregon.gov using the forms provided or approved by the Department, or via an online portal operated by the Department, the testing results of any resampling under this subsection.

(6) The Department may detain, seize, embargo the harvest lot corresponding to a sample, as provided under ORS 561.605 to 561.620 and subject to the provisions of ORS Chapter 183, if the sample failed a test under OAR 603-048-0600.

(7) The Department may detain, seize, embargo, and dispose of the harvest lot corresponding to a sample, as provided under ORS 561.605 to 561.620 and subject to the provisions of ORS Chapter 183, if the sample:

(a) Was not sampled and tested in compliance with all of the requirements and standards of these rules;

(b) Fails a test under OAR 603-048-0600 to 603-048-0630.

(8) If a sample passes the first and second retest described in section (2)(c) of this rule, the sample and corresponding harvest lot satisfies THC testing required by these rules and is released from the restrictions in OAR 603-048-0600(10).

(9) If a sample passes testing after resampling conducted under section (3) of this rule, the sample and corresponding harvest lot satisfies THC testing required by these rules and is released from the restrictions in OAR 603-048-0600(10). Any harvest lots that are not retested or that fail testing after resampling, the grower must dispose of in accordance with OAR 603-048-0640.

(10) If the amount of the harvest lot material collected for purposes of sampling is not sufficient to allow for the first and second retesting described in section (2)(c) of this rule, the sample and corresponding harvest lot fails to satisfy these rules.

(11) The grower must ensure that any additional testing is reported by the laboratory to the United States Department of Agriculture. The test results report must contain the following information:

(a) Grower’s license number;

(b) Grower’s name;

(d) Harvest lot identifier

(e) Name of the laboratory

(f) Date of the test and report

(g) Whether it is a retest;

(h) Test result.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 561.190, ORS 561.605-561.620 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018

Or. Admin. R. 603-048-0636 Hemp Microgreens

(1) Notwithstanding OAR 603-048-0600, a grower is not required to pre-harvest sample and test cut microgreens prior to transfer or sale.

(2) Notwithstanding OAR 603-048-2300 to 603-048-2480, growers and handlers are not required to test cut microgreens under ORS 571.330. Cut microgreens are a part of industrial hemp that are exempt from ORS 571.330.

(3) The Department may sample and test any growing microgreens crop and any cut microgreens.

(4) The Department may require that a licensee in possession of cut microgreens conduct testing under OAR 603-048-0600 or OAR 603-048-2300 to 603-048-2480 at the expense of the licensee.

(5) Cut microgreens are subject to all other requirements for industrial hemp as identified in these rules.

(6) The Department may detain and dispose of any microgreens or cut microgreens if they contain an average total tetrahydrocannabinol concentration that exceeds 0.3 percent on a dry weight basis.

(7) A grower may only produce microgreens via germination from agricultural hemp seed.

(8) A licensee may not dry microgreens prior to sale to a consumer.

History

Statutory/Other Authority: ORS 571.263, 571.272, 571.330 & 571.339
Statutes/Other Implemented: ORS 571.263 & 571.330
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, adopt filed 12/14/2023, effective 12/14/2023

Or. Admin. R. 603-048-0640 Cannabis Waste and Cannabis Disposal

(1) For the purposes of this rule, “cannabis waste” includes cannabis grown at the grower’s licensed grow site or under a grower’s license that the licensee determines has lost its market value due to mold, pest, disease, or that the licensee otherwise does not intend to store, process, transfer, or sell. This includes removal of male plants, as detailed in section (5) of this rule. “Cannabis waste” does not include minimal amounts of cannabis pruned or removed from cannabis plants in the course of normal agricultural practices.

(2) A licensee must comply with the following when disposing of cannabis that fails testing or resampling under OAR 603-048-0600 to 603-048-0635 or if the licensee is otherwise ordered by the Department to dispose of cannabis plants.

(a) The licensee must request approval from the Department at least seven (7) calendar days prior to the date of proposed disposal of plants, on a form provided by the Department that includes the following information:

(A) Proposed date of disposal;

(B) Amount of plants to be disposed;

(D) Grow site, production area, and harvest lots from which plants are proposed to be disposed.

(b) The licensee must permit Department staff, or the Department’s designee, to observe the destruction if required by the Department.

(d) The licensee must ensure that timely disposal occurs after Department approval is received.

(e) The licensee must document the disposal as follows:

(A) Photograph the disposal such that the destruction of each separate production area or harvest lot is identifiable. Documentation must include photos of the separate production areas or harvest lots before and after the disposal method is applied. The photos must depict all parts of the subject production area or harvest lots. Alternatively, the licensee may video the destruction if the video satisfies the requirements described for the photographs.

(B) The licensee must maintain the photos and video required in subsection (A) for at least three years from the date of disposal and provide immediately to the Department upon request.

(f) Within seven (7) calendar days of completing disposal, the licensee must submit a disposal report on a form provided by the Department that includes but is not limited to the following information:

(A) Date of disposal;

(B) Amount of plants disposed;

(D) Grow site, production area, and harvest lots from which plants were disposed.

(3) A licensee who determines that any portion of the cannabis grown at the grow site is cannabis waste must:

(a) Request approval from the Department within 14 days of the determination and at least seven (7) days prior to the date of proposed disposal using a form provided by the Department that includes the following information:

(A) Proposed date of disposal

(B) Amount of cannabis waste to be disposed

(D) Grow site, production area, and harvest lots from which the cannabis waste derives from.

(E) Description of the reason why the cannabis is waste (disease, mold, etc.)

(b) Comply with all of the requirements in section (2)(b)-(e) of this rule

(4) To dispose of cannabis waste or cannabis that fails pre-harvest testing as described in OAR 603-048-0600 to 603-048-0635 such that destruction is required or when otherwise ordered by the Department to dispose of cannabis, the licensee must render the cannabis waste or cannabis into a non-retrievable or non-ingestible form. Licensee may use any of the following methods for disposal as consistent with other local, state, and federal laws or regulations:

(a) Plowing under

(b) Mulching/composting

(d) Brush mower/chopper

(e) Burning

(5) If immediate culling of male plants is necessary, a licensee must within 24 hours of culling send an email to hemp@oda.oregon.gov to notify the Department that the culling activity is to occur to removing the affected plants. The license must comply with all of the requirements in section (2)(b)(d), & (e) of this rule.

(6) It is a Class 1 violation to fail to comply with any provision of this rule.

History

Statutory/Other Authority: ORS 561.190, ORS 569.445, ORS 571.260 - 571.348 & ORS 633.511-633.996
Statutes/Other Implemented: ORS 571.260 - 571.315
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 29-2021, adopt filed 12/29/2021, effective 01/01/2022
DOA 22-2021, temporary adopt filed 07/28/2021, effective 07/28/2021 through 01/23/2022

Or. Admin. R. 603-048-0650 Industrial Hemp Inspection and Record Reviews

(1) The Department, as it deems necessary in the enforcement and carrying out its laws may, during normal business hours, inspect premises, machinery, equipment, and facilities of licensees, inspect any crop during any growth phase or after harvest and sample for analysis, and inspect any industrial hemp products or commodities and sample for analysis.

(2) Upon not less than three (3) days’ notice, the Department may subject licensee records to inspection or audit during normal business hours. The Department may make an inspection or audit for the purpose of ensuring compliance with:

(a) A provision of ORS 571.260 to 571.348;

(b) A rule adopted under a provision of ORS 571.260 to 571.348; or

(c) An order issued by the Department pursuant to a provision of ORS 571.260 to 571.348 or rule adopted under a provision of ORS 571.260 to 571.348, including a detainment order.

(3) A licensee must permit Department staff, or its designee, to inspect and access all parts of the licensed grow site, handling site, vendor site, research facility equipment, facilities, and any area where cannabis is grown, stored, sold or processed pursuant to the license and cooperate with such an inspection. Failure to permit or cooperate with an inspection includes, but is not limited to:

(a) Failing to appear at a licensed site or facility within a reasonable period of time after being notified of an on-site inspection.

(b) After reasonable notice of an onsite inspection, failing to appoint a licensee representative knowledgeable about operations at the site or facility to be available to the Department staff, or its designee, during an inspection.

(d) Refusing to grant access to all areas of the licensed site or facility.

(e) Failing to maintain safe conditions at a site or facility, such that the Department or its designee cannot reasonably and safely inspect the site or facility. Failing to maintain safe conditions may include allowing unrestrained animals on the grow site or maintaining hazards or other dangerous conditions on the site or facility.

(f) Failure to provide to the Department, upon request, information concerning compliance with these rules.

(g) Failure to provide confirmation, upon request by the Department or its designee, of the presence or absence of hazards or dangerous conditions at a site or facility.

(h) Ending an inspection or engaging in aggressive or confrontational behavior that requires Department staff or its designee to end an inspection prior to the Department or its designee finishing all inspection tasks and duties.

(i) Failing to permit the Department or its designee to conduct sampling for the purposes of testing under these rules.

History

Statutory/Other Authority: ORS 561.120, 561.200, 561.275, 561.190 & ORS 571.260 - 571.348
Statutes/Other Implemented: ORS 571.260 - 571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 22-2021, temporary amend filed 07/28/2021, effective 07/28/2021 through 01/23/2022
DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17
DOA 19-2016, f. & cert. ef. 10-28-16
DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16

Or. Admin. R. 603-048-0700 Fees

(1) Licensing Fees. At the time of application an applicant must pay the following fees:

(a) A fee of $350.00 for a grower application.

(b) A fee of $875.00 for each grow site application.

(d) A fee of $875.00 for each hemp handler by reciprocity application;

(e) A fee of $875.00 for an agricultural hemp seed producer application.

(f) A fee of $75.00 for each criminal history check.

(g) A late fee of $250.00 for each grow site application received after May 31 but no later than July 31.

(h) A fee of $100.00 for each vendor site application.

(2) Change Fees. For each change described in OAR 603-048-0400(2)(b),(d),(e) and(3)(a) the licensee must pay a $125.00 change fee.

(3) Sampling and Testing Fee. The fee for pre-harvest THC sampling and testing by the Department as described in OAR 603-048-0600 includes:

(a) Sampling Fee:

(A) A charge for a minimum of four hours of service at a rate of $92.00 per hour;

(B) Travel time at the rate of $92.00 per hour;

(D) Overtime Charges: For all services performed during the following times (which will be considered overtime), the regular inspection fees or hourly charges shall be charged plus $30.00 per hour for all time involved figured to the nearest one-half hour:

(i) After eight hours (per scheduled shift) or 6:00 p.m., whichever comes first, on Monday through Friday of each week;

(ii) At any time on Saturdays or Sundays; and

(iii) At any time on any day which is declared by law to be a holiday for state employees.

(E) Overtime Service Charge: The minimum overtime service charge for Saturdays, Sundays and other legal holidays shall be four hours; and

(b) Laboratory Testing Fee: $375.00 per harvest lot.

History

Statutory/Other Authority: ORS 561.190 & 571.260 - 571.348
Statutes/Other Implemented: 571.260 - 571.348
DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 11-2017, f. & cert. ef. 7-13-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17
DOA 2-2017(Temp), f. & cert. ef. 1-18-17 thru 7-16-17
DOA 19-2016, f. & cert. ef. 10-28-16
DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16
DOA 3-2015, f. & cert. ef. 1-29-15

Or. Admin. R. 603-048-0800 Enforcement and Civil Penalty for Industrial Hemp Law Violation

(1) A licensee is responsible for:

(a) All activities that occur at the grow site, research facility, vendor site or handling site and for ensuring that all activities at the site comply with ORS 571.260 to 571.348 and these rules. If a licensee no longer is operating at a grow site, research facility, vendor site or handling site, the licensee must notify the Department as described in OAR 603-048-0400(2)(b).

(b) Any act or omission of a licensee representative in violation of these rules or any provision of ORS 571.260 to 571.348.

(2) In addition to any other liability or penalty provided by law, the Department may impose a civil penalty not to exceed $2,500 on any person who violates any provision of ORS 571.260 to 571.348, a rule adopted pursuant thereto, or order issued by the Department under ORS 571.260 to 571.348 or a rule adopted pursuant thereto, including a detainment order.

(3) The Department shall issue a written notice to the person being assessed the penalty consistent with ORS Ch. 183. Any contested case to contest the civil penalty will be conducted pursuant to ORS Ch. 183. Each violation may be considered a separate and distinct offense.

(4) Subject to the provisions of ORS Ch. 183,

(a) the Department may revoke a license issued under these rules if the licensee violates:

(A) A provision of ORS 571.260 to 571.348;

(B) A rule adopted under a provision of ORS 571.260 to 571.348;

(C) An order issued by the Department for violation of a provision of ORS 571.260 to 571.348 or any rule adopted thereunder including a detainment order;

(D) Any statutory law or Department rule related to agricultural activities other than industrial hemp operations.

(b) the Department may deny, revoke or suspend a license if:

(A) An applicant, licensee or an individual listed on the application violates state or federal laws related to the unlawful manufacture, possession, delivery, export or import of marijuana or

(B) applicant’s proposed or licensee’s grow site or handling site is a location where unlawful manufacture, possession, delivery, export or import of marijuana occurred.

(C) Any cannabis at the proposed or licensed grow site or vendor site exceeds 0.3 percent total THC, or handling site that exceeds 5 percent total THC, and is not otherwise permitted by ORS 475C.305 or under a license issued under ORS 475C.

(D) Any finished hemp items at the proposed or licensed grow site or handling site exceed the permissible concentrations in OAR 845-026-0400.

(E) Any industrial hemp commodities at the proposed or licensed grow site or handling site exceed five percent total THC and is not otherwise permitted by ORS 475C.305 or under a license issued under ORS 475C.

(5) Subject to the provisions of ORS Ch. 183, the Department may revoke a license for any reason that the Department may deny an initial or renewal application.

(6) Subject to the provisions of ORS Ch. 183, the Department must revoke a license if:

(a) A grower licensee or a key participant is convicted of a felony relating to a controlled substance within the last ten years unless the convicted individual was growing hemp lawfully under a pilot program authorized by Section 7606 of the Agricultural Act of 2014 before December 20, 2018 if the conviction also occurred before December 20, 2018;

(b) A licensed research grow site or research facility is co-located with a medical marijuana grow site registered under ORS 475C.792 or marijuana producer licensed under ORS 475C.065.

(7) Corrective Action Plans.

(a) If the Department identifies violations by a licensee, the Department in writing may require a licensee to enter a corrective action plan as an alternative or in addition to disciplinary action.

(b) The licensee must submit a corrective action plan to the Department within 10 days of receiving the Department’s written directive to submit a corrective action plan.

(c) The licensee must correct all identified violations by the deadline established by the Department. Licensee may request a longer time period to correct violations in the corrective action plan.

(d) The Department shall review and determine if the proposed corrective action plan is acceptable. The corrective action plan must include all elements required by the Department in writing.

(A) If the corrective action plan is not acceptable, the Department shall notify the licensee in writing which provisions in the Department finds unacceptable.

(B) Licensee shall submit a revised corrective action plan to the Department within 10 days of receiving the Department’s notification. The Department shall review the revised plan in accordance with this rule. If the plan is still unacceptable, the Department may take the actions described in subsection (e) of this rule.

(e) If the licensee fails to submit a corrective action plan, fails to comply with any deadline in subsection (7) of this rule or other deadline established by the Department for the corrective action plan process, or fails to timely correct all identified violations, the Department may take action to revoke or deny licensee’s license or impose civil penalties.

History

Statutory/Other Authority: ORS 561.190, 569.445 & ORS 571.260 - 571.348
Statutes/Other Implemented: ORS 571.260 - 571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 23-2025, amend filed 09/29/2025, effective 09/29/2025
DOA 15-2025, temporary amend filed 06/06/2025, effective 06/06/2025 through 11/16/2025
DOA 14-2025, temporary amend filed 05/21/2025, effective 05/21/2025 through 06/03/2025
DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018
DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17
DOA 19-2016, f. & cert. ef. 10-28-16
DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16
DOA 3-2015, f. & cert. ef. 1-29-15

Or. Admin. R. 603-048-0900 Detainment, Seizure, Embargo, and Disposal

If a harvest lot or hemp item is subject to detainment, seizure, embargo, or disposal, the Department may detain, seize, embargo, or dispose of the harvest lot or hemp item as provided in ORS 561.605 to 561.620 and consistent with these rules.

(1) The Department shall cause to be affixed to the harvest lot or hemp item being detained, seized or embargoed a notice that the lot or item is being detained, seized or embargoed by the Department and warning all persons that it may not be moved from its current location without written permission from the Department.

(2) The Department shall notify in writing the owner or person in possession of the lot or item that the lot or item is being detained, seized or embargoed by the Department.

(a) If the person in possession of the lot or item is not the owner, the Department shall make a reasonable effort to notify the owner.

(b) Such notification shall state the reason for the Department’s action and notify the owner or person in possession of the right to a hearing as provided under ORS Ch. 183.

(c) A written request for hearing on the proprietary of the detention, seizure or embargo must be filed either by the owner or person in possession with the Department within 10 days of receiving actual notice of the action.

(d) Any hearing shall not be held sooner than 10 days after the request for hearing has been received by the Department, however if the lot or item subject to the Department’s action is perishable, or if, in the opinion of the Department, other good and sufficient reason appears, the Department may, at the request of the owner or person in possession of such lot or item, be held at an earlier date.

(e) Any hearing shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings and shall be conducted pursuant to ORS Ch. 183.

(f) If the owner or person in possession does not request a hearing on the propriety of the seizure, detention or embargo within the time limited for making such request, the Department may summarily destroy or otherwise dispose the lot or item, or, if the owner or person in possession does not within 30 days after the hearing either comply with the orders of the department as to reconditioning, relabeling or segregating or perfect an appeal to the circuit court, the department may summarily destroy or otherwise dispose of the subject matter of the action.

(3) If a sample passes the first and second retesting described in OAR 603-048-0630, the sample and corresponding harvest lot satisfies THC testing required by these rules. After receiving and verifying the confirming test reports, the Department may release the detained harvest lot.

(4) A person subject to a detainment, seizure, embargo, or disposal order is responsible for ensuring that the harvest lot or hemp items subject to the action are not removed from the location identified in the notice of the action or subject to any processing or manufacturing processes without written permission from the Department.

(a) A person subject to a detainment, seizure, embargo or disposal order shall take all reasonable steps to prevent theft or removal of the lot or items from the location identified in the notice of the action.

(b) A person subject to a detainment, seizure, embargo, or disposal order is strictly liable for any violation of the order, including removal of the lot or item from the location identified in the notice without permission from the person subject to the action.

(c) A person subject to a detainment, seizure, embargo, or disposal order may submit a written request to harvest, move, or take other action to preserve the harvest lot or hemp item pending an administrative proceeding challenging the proprietary of the order. The person may only take such action upon written permission from the Department and subject to any requirements or restrictions imposed by the Department.

(5) Sampling of a detained harvest lot by a laboratory in compliance with these rules does not constitute a violation of a detainment, seizure, or embargo order.

(6) Subject to the grower or person in possession’s right to a hearing as described in this rule, the Department may order destruction of a harvest lot that:

(a) Was not sampled and tested in compliance with all of the requirements and standards of these rules.

(b) Has not passed required preharvest THC testing as required in OAR 603-048-0600 and is not eligible for retesting or resampling as described in these rules or the grower indicates that it will not undertake retesting or resampling. Not passing required preharvest THC testing includes, but is not limited to, where a sample:

(A) Failed a test under OAR 603-048-0600 and the grower does not timely request a retest or resampling or informs the Department that retest or resampling will not be requested, or is not eligible for retesting or resampling.

(B) Fails any retesting under section (2) of this rule and the grower does not timely request resampling or informs the Department that resampling will not be requested or is ineligible for resampling.

(C) Fails any testing after resampling and the grower does not timely request retesting, informs the Department that retesting will not be requested, or is ineligible for retesting.

(D) Passes initial retesting but the grower fails to timely request secondary retesting to confirm the passed test result as required by rule.(c) Contains an average total tetrahydrocannabinol concentration that exceeds 0.3 percent on a dry weight basis.

(7) The Department may order destruction of the hemp item process lot that is adulterated, subject to the grower or person in possession’s right to a hearing as described in this rule.

History

Statutory/Other Authority: ORS 561.190, 561.605 – 561.630 & ORS 571.260 - 571.348
Statutes/Other Implemented: ORS 571.260 - 571.348
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 22-2021, temporary amend filed 07/28/2021, effective 07/28/2021 through 01/23/2022
DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021
DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018
DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018
DOA 25-2017, temporary amend filed 12/20/2017, effective 12/20/2017 through 04/03/2018
DOA 24-2017, temporary amend filed 12/19/2017, effective 12/19/2017 through 04/03/2018
DOA 15-2017, temporary amend filed 10/06/2017, effective 10/06/2017 through 04/03/2018
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17
DOA 19-2016, f. & cert. ef. 10-28-16
DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16
DOA 3-2015, f. & cert. ef. 1-29-15

Or. Admin. R. 603-048-1000 Violations and Penalties

(1) The Department may impose a civil penalty not to exceed $2,500 on a person for violating:

(a) A provision of ORS 571.260 to ORS 571.348;

(b) A rule adopted under a provision of ORS 571.260 to ORS 571.348; or

(c) An order issued by the Department pursuant to a provision of ORS 571.260 to ORS 571.348, or a rule adopted thereunder, including a detainment order.

(2) The Department may impose a civil penalty based on the classification of the violation. The civil penalty amount for each classification is as follows:

(a) Class 1 violation, $2,500;

(b) Class 2 violation, $1000;

(3) The civil penalty amount for each classification are guidelines. If the Department finds one or more mitigating or aggravating circumstances, it may assess a lesser or greater amount.

(4) Common violations are classified as follows:

(a) Class 1 violations include:

(A) Failing to obtain a license with the Department when required under ORS 571.260-571.348 or rules adopted thereunder except as otherwise specified in this rule for vendor site licenses;

(B) Producing cannabis at a grow site not included on the grower license.

(C) Providing any false or misleading information or documentation to the Department or providing false or misleading information or documentation to a laboratory when requesting required testing under these rules;

(D) Falsifying information or records required to be maintained by the Department or submitted to the Department;

(E) Failing to test a hemp item in accordance with OAR 603-048-2300 through 603-048-2480;

(F) Failing to test a harvest lot in accordance with these rules;

(G) Altering or falsifying a laboratory test report or result;

(H) Selling or offering to sell a hemp item that fails to meet testing requirements or has not been tested as required by OAR 603-048-2000 through 603-048-2480;

(I) Selling, transferring, receiving, offering to transfer, sell, or receive, processing or attempting to process a harvest lot that:

(i) Has not been sampled and tested in accordance with these rules;

(ii) Failed testing under OAR 603-048-0600 and did not otherwise pass testing under OAR 603-048-0630 to 603-048-0630;

(iii) Was invalidly tested as described in OAR 603-048-0600.

(J) Growing or handling cannabis with total THC calculated in accordance with OAR 333-064-0100(4) that exceeds 3 percent on a dry weight basis.

(K) Failing to ensure cannabis, industrial hemp, or industrial hemp commodity or product, or any portion thereof, that is subject to a detainment, embargo, seizure, or destruction order complies with the order as described in OAR 603-048-0900(4).

(L) Failing to timely dispose of cannabis as described in OAR 603-048-0640.

(M) Failing to permit Department staff, or its designee, to inspect and access all parts of the licensed or proposed grow site, handling site, vendor site, equipment, facilities, and any area where cannabis is grown, handled, or stored pursuant to a license or failing to cooperate with any such inspection in accordance with OAR 603-048-0650(3).

(N) Failing to timely report cannabis waste or disposal in accordance with OAR 603-048-0640.

(O) Failing to comply with a Department order.

(P) Repeat violations of Class 2 or Class 3 violations.

(Q) Any other violation of ORS 571.260 to ORS 571.348 or these rules that may cause an immediate threat to the public health or safety.

(R) Failing to provide an accurate legal description of land where hemp is produced.

(S) The third or subsequent instance of failing to obtain a vendor site license when required by these rules.

(T) The presence of cannabis with total THC calculated in accordance with OAR 333-064-0100(4) that exceeds 3 percent on a dry weight basis at a grow site or 0.3 percent at a vendor site, or 5 percent at a handling site that is not otherwise permitted by ORS 475A.305 or under a license issued by OLCC under ORS 475C.

(b) Class 2 violations include, but are not limited to:

(A) Failing to ensure test reports for the THC content of each harvest lot is timely reported to the Department as required by 603-048-0400.

(B) Failing upon request to timely provide the Department with laboratory test results that verify compliance with these rules.

(C) Failing to identify each production area where cannabis is produced including failing to submit a change form and applicable fee with the Department identifying any additional production areas not identified in the licensee’s application.

(D) The second instance of failing to obtain a vendor site license when required by these rules.

(E) Any other uncategorized violation.

(F) Repeat violations of Class 3 violations.

(A) Failure to keep or provide information or records as required by the Department;

(B) Growing or handling hemp with total THC calculated in accordance with OAR 333-064-0100(4) that fails testing as described in OAR 603-048-0600 but does not exceed 3 percent total THC;

(C) Failing to ensure failed test results of a hemp item are reported to the Department within 24 hours as required by OAR 603-048-2300.

(D) The first instance of failing to obtain a vendor site license when required by these rules.

(5) In addition to the penalty described in subsection (1) of this rule, the Department may impose a civil penalty not to exceed $10,000 against a licensed grower if the Department determines that the licensee produced cannabis on a licensed grow site that contains an average tetrahydrocannabinol concentration of at least 10 percent on a dry weight basis.

History

Statutory/Other Authority: ORS 561.120, 561.200, 561.275, 561.190 & ORS 571.260 - 571.348
Statutes/Other Implemented: ORS 571.260 - 571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 22-2021, temporary amend filed 07/28/2021, effective 07/28/2021 through 01/23/2022
DOA 20-2020, amend filed 12/15/2020, effective 01/01/2021
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018
DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018
DOA 25-2017, temporary amend filed 12/20/2017, effective 12/20/2017 through 04/03/2018
DOA 24-2017, temporary amend filed 12/19/2017, effective 12/19/2017 through 04/03/2018
DOA 15-2017, temporary amend filed 10/06/2017, effective 10/06/2017 through 04/03/2018
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17
DOA 19-2016, f. & cert. ef. 10-28-16
DOA 11-2016(Temp), f. & cert. ef. 5-3-16 thru 10-29-16
DOA 3-2015, f. & cert. ef. 1-29-15

Or. Admin. R. 603-048-1001 Presumptive Marijuana Violations

(1) It is a Class I violation of these rules to:

(a) Produce cannabis that is determined to be presumptively marijuana in accordance with OAR 845-026-4110 and the presumption is not rebutted in accordance with OAR 603-048-8011 to 603-048-8041.

(b) Fail to dispose of presumptive marijuana within a timeline specified by the Department, as required by OAR 603-048-8021 or 603-048-8031.

(c) Fail to permit or cooperate as described in OAR 603-048-0650 with an inspection to conduct presumptive marijuana sampling as described in OAR 603-048-8011 by Department or its designee.

(d) Fail to comply with a detainment, seizure, embargo, or disposal order issued as described in OAR 603-048-8041.

(e) Fail to comply within a timeline specified by the Department with any other requirement in 603-048-8011 to 8041.

(2) The Department may revoke, deny, or refuse to renew a grower’s license if the grower commits any of the violations listed in section (1) of this rule.

(3) The Department shall revoke a person’s hemp grower license or deny the person’s hemp grower application for a license if the person fails to comply with OAR 603-048-0900, including but not limited to if the cannabis subject to detainment, seizure, embargo, or disposal notice or order is removed from the location identified in the notice or order without prior permission from the Department.

History

Statutory/Other Authority: ORS 561.190, ORS 571.260-571.348 & OL 2024, Chap. 16
Statutes/Other Implemented: ORS 571.260-571.348 & OL 2024, Chap. 16
DOA 28-2024, amend filed 12/30/2024, effective 12/31/2024
DOA 16-2024, temporary amend filed 07/19/2024, effective 07/19/2024 through 01/14/2025
DOA 29-2021, adopt filed 12/29/2021, effective 01/01/2022
DOA 22-2021, temporary adopt filed 07/28/2021, effective 07/28/2021 through 01/23/2022

Or. Admin. R. 603-048-1100 Licensees Certified or Licensed by OLCC

(1) Licensees certified by OLCC under ORS 571.336 must comply with all applicable OLCC rules.

(2) Licensees licensed by OLCC under ORS 475C.065, 475C.085, 475C.093, or 475C.097 must comply with all applicable OLCC rules.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.260 - 571.348
Statutes/Other Implemented: ORS 571.260 - 571.348
DOA 30-2023, minor correction filed 08/30/2023, effective 08/30/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 26-2021, amend filed 11/09/2021, effective 11/09/2021
DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018

Or. Admin. R. 603-048-1500 Retail Sale Requirements; Restrictions

(1) For the purposes of this rule, “consumer” means a person who purchases, acquires, owns, holds or uses an industrial hemp commodity or products other than for the purpose of resale.

(2) A person may not sell, transfer or deliver to a consumer an industrial hemp commodity or product that contains cannabinoids and is intended for human consumption unless:

(a) If it is a hemp item, the hemp item has been tested in accordance with ORS 571.330 and OAR 603-048-2300 to 603-048-2500;

(b) If the hemp commodity or product is intended for human consumption by ingestion, the hemp commodity or product was processed in a facility licensed by the State Department under ORS 616.695 to 616.755 or in a facility in another state or jurisdiction that meets requirements substantially similar to requirements established under ORS 616.695 to 616.755;

(d) If the industrial hemp commodity or product is sold to a person under 21 years of age or any representations are made to the consumer about the concentration of delta-8-tetrahydrocannabinol, the results of the testing required under this subsection demonstrate the concentration of delta-8-tetrahydrocannabinol;

(e) The industrial hemp commodity or product does not contain more than 0.3 percent tetrahydrocannabinol or the concentration of tetrahydrocannabinol allowed under federal law, whichever is greater; and

(f) The industrial hemp commodity or product does not exceed the concentration of adult use cannabinoids as defined in OAR 845-026-0100 and established in OAR 845-026-0300 and OAR 845-026-0400.

(3)(a) The testing required under this rule may be conducted only by:

(A) A laboratory licensed by the Commission under ORS 475C.548 and accredited by the authority under ORS 475C.560; or

(B) If the industrial hemp commodity or product was processed outside of this state, a laboratory accredited to the same or more stringent standards as a laboratory described in paragraph (A) of this subsection.

(b) A laboratory is considered accredited to the same or more stringent standards as a laboratory described in paragraph (a)(A) of this subsection if the laboratory is accredited under TNI Standards to perform analyses on environmental samples for the matrices implicated for the testing conducted, including but not limited to pesticides, cannabinoids, potency, mycotoxins, microbiology, residual solvents, and heavy metals.

(4) A person may not sell or deliver an adult use cannabis item as defined by OAR 845-026-0100 and OAR 845-026-0300 to a person under 21 years of age.

(5) Restriction on industrial hemp product sales: A person may not sell an industrial hemp product that contains more than 0.3 percent total THC to a consumer unless licensed as a retailer by OLCC as defined in ORS 475C.257.

(6) Compliance with these rules does not protect a person from possible criminal prosecution under federal law or other sanctions by federal entities.

(7) Each unit of sale of hemp item or lot of industrial hemp for human consumption sold, transferred, or delivered in violation of these rules is a separate violation.

History

Statutory/Other Authority: ORS 561.190
Statutes/Other Implemented: ORS 571.300-571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 12-2021, minor correction filed 04/07/2021, effective 04/07/2021
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 27-2018, adopt filed 11/29/2018, effective 12/03/2018

Or. Admin. R. 603-048-1600 Prohibitions on Adulteration

(1) A licensee may not supply, transfer, or sell adulterated industrial hemp for human consumption or hemp items.

(2) A licensee may not treat or otherwise adulterate hemp or a hemp item with any chemical, biologically active drug, plant, substance, including nicotine, or other compound that has the effect or intent of altering the usable hemp’s color, appearance, weight or smell.

(3) “Adulterated” means to make industrial hemp for human consumption or a hemp item impure by adding or applying foreign or inferior ingredients or substances, including but not limited if the hemp or hemp item:

(a) In the Department’s judgment, bears or contains any poisonous or deleterious substance in a quantity rendering it injurious in a manner that may pose a risk to human health, including but not limited to tobacco or nicotine;

(b) Bears or contains any added poisonous or deleterious substance exceeding a safe tolerance if such tolerance has been established;

(c) Consists in whole or in part of any filthy, putrid, or decomposed substance, or otherwise is unfit for human consumption;

(d) Is processed, prepared, packaged, or is held under improper time-temperature conditions or under other conditions increasing the probability of contamination with excessive microorganisms or physical contaminants;

(e) Is processed, prepared, packaged, or held under insanitary conditions increasing the probability of contamination or cross-contamination;

(f) Is held or packaged in containers composed, in whole or in part, of any poisonous or deleterious substance rendering the contents potentially injurious to health;

(g) Any substance has been substituted wholly or in part therefor;

(h) Damage or inferiority has been concealed in any manner; or

(i) Any substance has been added thereto or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;

(j) Is treated with a pesticide that is not on the Hemp Program’s guide list or approved by the EPA for use on industrial hemp.

(4) The Department may request or require a licensee to recall any industrial hemp for human consumption or hemp item that the licensee has sold or transferred that does not meet the minimum standards established by these rules, including but not limited to when there is evidence that:

(a) Pesticides were used in the production of industrial hemp in violation of these rules, ORS chapter 634 or OAR chapter 603, division 57.

(b) The industrial hemp for human consumption or a hemp item is adulterated, contaminated, may pose a risk to public health and safety, or is otherwise unfit for human use, consumption, or application.

(5) In addition to the actions above, the Department may initiate an action to detain, seize, embargo or dispose of hemp or hemp items if it does not meet the minimum standards established in these rules and as described in section (4) of this rule in accordance with OAR 603-048-0900.

(6) Each harvest or process lot of industrial hemp for human consumption and each unit of sale of hemp item supplied, transferred, or sold in violation of this rule is a separate violation.

History

Statutory/Other Authority: ORS 571.263 & 571.281
Statutes/Other Implemented: ORS 561.605-561.630, 571.272, 571.281, 571.309, 571.330 & 571.339
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, adopt filed 12/14/2023, effective 12/14/2023

Or. Admin. R. 603-048-2300 Testing of Industrial Hemp for Human Consumption and Hemp Items

(1) A grower or handler may not sell, or offer for sale or transfer industrial hemp for human consumption or a hemp item unless it is first tested by a laboratory as required by these rules.

(2) Violations of these rules may result in the suspension or revocation of a licensee’s license or the imposition of civil penalties, or both. Violations include:

(a) Failure to test industrial hemp for human consumption or a hemp item in accordance with these rules;

(b) Selling, offering for sale, or transferring industrial hemp for human consumption or a hemp item that has not been tested or does not pass testing required by these rules;

(d) Failure to report failed test results to the Department electronically to HempTestReports@oda.oregon.gov using the forms provided by the Department within 24 hours after receipt of failed result.

(e) Altering or falsifying a laboratory test report or result.

(3) These rules require industrial hemp for human consumption and hemp items to be sampled, tested, and reported in a manner consistent with the Authority’s marijuana sampling and testing rules in OAR 333-007-0300 to 333-007-0500 and OAR 333-064. In applying those rules:

(a) Industrial hemp for human consumption and hemp items are treated as their marijuana equivalents as described in OAR 603-048-2310;

(b) References to “licensee or registrant” or “processor or processing site” should be read as “grower” or “handler”;

(d) References to “consumer or patient” should be read as “consumer” as that is defined in OAR 603-048-2310.

(4) To be sufficient to meet the requirement for testing under these rules, a licensed grower or handler must ensure through a testing agreement or contract with the laboratory that the laboratory:

(a) Samples industrial hemp for human consumption and hemp items according to OAR 333-007-0360 and OAR 333-064-0100;

(b) Tests industrial hemp for human consumption and hemp items according to OAR 333-007-0390 to 333-007-0450 and 333-064-0100;

(d) Reports all failed tests to the Department electronically to HempTestReports@oda.oregon.gov using the forms provided by the Department consistent with reporting requirements under OAR 333-064-0110;

(e) Provides the licensee with test reports that meet the requirements in OAR 333-064-0110.

(f) Provides test reports that clearly identify the process lot identifier.

(g) Meets the proficiency testing requirements in OAR 333-064-0120.

(h) Can demonstrate that its limit of quantification (LOQ) satisfies the requirements in OAR 333-064-0100(12).

(5) Each unit of sale of hemp item or lot of industrial hemp for human consumption sold, transferred, or attempted to be sold or transferred in violation of these rules is a separate violation.

(6) The requirement to contract with a laboratory under Subsection (4) of this rule does not apply to hemp items manufactured outside the state of Oregon.

History

Statutory/Other Authority: ORS 561.190, 571.263, 571.281, 571.285, 571.322 & 571.330
Statutes/Other Implemented: 571.322, 571.330, ORS 571.333, 571.336, 571.337, 571.339 & 571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17

Or. Admin. R. 603-048-2305 Purpose

(1) The purpose of OAR 603-048-2300 to 603-048-2500 is to establish minimum testing standards for industrial hemp for human consumption and hemp items.

(2) All references to OAR Chapter 333, Division 7 refer to the rules in effect as of November 19, 2025.

History

Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281, ORS 571.285, ORS 571.322, ORS 571.330 & ORS 571.337
Statutes/Other Implemented: ORS 571.322, ORS 571.330, ORS 571.337, ORS 571.333, ORS 571.336, ORS 571.339 & ORS 571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 27-2018, amend filed 11/29/2018, effective 12/03/2018
DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17

Or. Admin. R. 603-048-2310 Definitions

The following definitions apply to OAR 603-048-2300 to OAR 603-048-3280 unless the context provides otherwise:

(1) "Added substance" means any component or ingredient added to usable hemp, cannabinoid concentrate or cannabinoid extract during or after processing that is present in the finished hemp cannabinoid product, including but not limited to flavors, non-cannabis derived terpenes, and any substances used to change the viscosity or consistency of the cannabinoid product.

(2) "Adult use cannabinoid" includes, but is not limited to, tetrahydrocannabinols, tetrahydrocannabinolic acids that are artificially or naturally derived, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, the optical isomers of delta-8-tetrahydrocannabinol or delta-9 tetrahydrocannabinol and any artificially derived cannabinoid that is reasonably determined to have an intoxicating effect.

(3)(a) "Artificially derived cannabinoid" means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant Cannabis family Cannabaceae.

(b) "Artificially derived cannabinoid" does not include:

(A) A naturally occurring chemical substance that is separated from the plant Cannabis family Cannabaceae by a chemical or mechanical extraction process;

(B) Cannabinoids that are produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst; or

(C) Any other chemical substance identified by the Commission, in consultation with the Authority and the Department of Agriculture, by rule.

(4) “Authority” means the Oregon Health Authority.

(5) “Batch” means:

(a) A quantity of hemp, usable hemp or hemp stalk from a harvest lot; or

(b) A quantity of hemp

(6) "Biomass” is any harvested cannabis that has not been further processed into a product.

concentrate or extract or hemp cannabinoid product from a process lot.

(7) "Cannabinoid" means any of the chemical compounds that are the active constituents of the cannabis plant.

(8) "Cannabinoid capsule”

(a) Means a small, soluble pill, tablet, or container that contains liquid or powdered hemp cannabinoid product, hemp concentrate, or hemp extract and is intended for human ingestion.

(b) For sampling and testing purposes is equivalent to a cannabinoid capsule as that is defined in OAR 333-007-0310.

(9) "Cannabis Tracking System" or "CTS" means the Commission’s system for tracking the transfer of hemp and marijuana items and other information as authorized by ORS 475C.177, ORS 571.336 and 571.337.

(10) “CBD” means cannabidiol, Chemical Abstracts Service Number 13956-29-1.

(11) "CBDA" means cannabidiolic acid, Chemical Abstracts Service Number 1244-58-2.

(12) "Chain of custody procedures" means procedures employed by laboratory personnel using a chain of custody form to record the possession of samples from the time of sampling through the retention time specified by the Department.

(13) “Commission” means the Oregon Liquor and Cannabis Commission.

(14) “Consumer” includes:

(a) A person who purchases, acquires, owns, holds or uses hemp items other than for the purpose of resale; and

(b) A person who purchases, receives, or otherwise uses hemp items who is not a licensed hemp handler, licensed hemp vendor, or a marijuana processor, wholesaler or retailer licensed by the Commission.

(15) “Consumption” means ingestion, inhalation, or topical application to the skin or hair.

(16) "Duplicate sample" means sample increments taken in an identical manner to sample increments taken from the primary sample and representative of the same hemp item being sampled that is prepared and analyzed separately from the primary sample.

(17) “Finished hemp concentrate or extract” means a hemp concentrate or extract that is in its final form ready for packaging for sale or transfer to a consumer.

(18) “Finished cannabinoid hemp product” means a cannabinoid hemp product that is in its final form ready for packaging for sale or transfer to a consumer and includes all ingredients whether or not the ingredients contain cannabinoids.

(19) "Food" means a raw, cooked, or processed edible substance, or ingredient used or intended for use or for sale in whole or in part for human consumption, chewing gum and includes beverages.

(20) "Hemp cannabinoid product":

(a) Means a hemp edible or any other product intended for human consumption including a hemp topical or hemp transdermal patch, that contains cannabinoids from industrial hemp or the dried leaves or flowers of hemp; or

(b) Usable hemp, hemp extracts and hemp concentrates that have been combined with an added substance.

(c) Cannabinoid hemp product does not include usable hemp by itself, hemp stalk by itself, a hemp concentrate or extract by itself, hemp seed incapable of germination by itself, or other products derived only from hemp seeds incapable of germination that may include other non-hemp ingredients.

(d) For sampling and testing purposes is equivalent to a cannabinoid product as that is defined in OAR 333-007-0310.

(21) “Hemp concentrate” means a substance obtained by separating cannabinoids from marijuana by:

(a) A mechanical extraction process;

(b) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or

(c) A chemical extraction process using the solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure.

(d) For sampling and testing purposes is equivalent to a cannabinoid concentrate or edible as that is defined in OAR 333-007-0310.

(22) “Hemp Extract” means a substance obtained by separating cannabinoids from marijuana by:

(a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane, or propane;

(b) A chemical extraction process using the solvent carbon dioxide, if the process uses high heat or pressure.

(c) For sampling and testing purposes is equivalent to a cannabinoid concentrate or edible as that is defined in OAR 333-007-0310.

(23) “Hemp edible”:

(a) Means a food or potable liquid into which industrial hemp, a hemp concentrate, a hemp extract, or the dried leaves or flowers of hemp have been incorporated.

(b) Does not mean hemp seed incapable of germination by itself or other products derived only from hemp seeds incapable of germination that may include other non-hemp ingredients.

(24) “Hemp item”:

(a) Means usable hemp, hemp stalk, a hemp cannabinoid product, or a hemp concentrate or extract.

(b) For sampling and testing purposes is equivalent to a marijuana item as that is defined in OAR 333-007-0310.

(25) “Hemp stalk”:

(a) Means the stalk of industrial hemp intended for human consumption.

(b) For sampling and testing purposes is equivalent to usable marijuana as that is defined in OAR 333-007-0310.

(26) “Hemp suppository” means a small soluble container designed to melt at body temperature within a body cavity other than the mouth, especially the rectum or vagina, containing a hemp cannabinoid product, concentrate, or extract.

(27) “Hemp tincture”:

(a) Means a liquid hemp cannabinoid product packaged in a container of four (4) fluid ounces or less that consists of either:

(A) A non-potable solution of at least 25 percent non-denatured alcohol, in addition to a hemp concentrate, hemp extract, or usable hemp and perhaps other ingredients intended for human consumption that is exempt from the Liquor Control Act under ORS 471.035; or

(B) A non-potable solution comprised of glycerin, plant-based oil, or concentrated syrup; hemp concentrate or extract or usable hemp, and perhaps other ingredients that does not contain any added sweeteners and is intended for human consumption or ingestion.

(b) For sampling and testing purposes is equivalent to a cannabinoid tincture as that is defined in OAR 333-007-0310.

(28) “Hemp topical”:

(a) Means a substance intended to be applied to skin or hair that contains a hemp cannabinoid product, hemp concentrate or extract and for purposes of testing includes a hemp transdermal patch.

(b) For sampling and testing purposes is equivalent to a cannabinoid topical as that is defined in OAR 333-007-0310.

(29) “Hemp transdermal patch”:

(a) Means an adhesive substance applied to human skin that contains a hemp cannabinoid product, hemp concentrate or extract for absorption into the bloodstream.

(b) For sampling and testing purposes is equivalent to a cannabinoid transdermal patch as that is defined in OAR 333-007-0310.

(30) “High heat” means a temperature exceeding 180 degrees Fahrenheit.

(31) "Homogeneous" means a hemp cannabinoid product, hemp concentrate or extract has uniform composition and properties throughout each process lot.

(32) "Industrial hemp-derived vapor item" means an industrial hemp concentrate or industrial hemp extract, as those terms are defined in ORS 571.269, whether alone or combined with other substances, that is intended for use in an inhalant delivery system.

(33) “Industrial hemp for human consumption”

(a) Means industrial hemp that is intended to be processed into a hemp item.

(b) For sampling and testing purposes is equivalent to marijuana as that is defined in OAR 333-007-0310.

(34) "Inhalant delivery system" has the meaning given that term in ORS 431A.175.

(35) “Marijuana testing rules” means Authority testing rules for marijuana items found in OAR Chapter 333, Divisions 7 and 64, and all referenced tables and exhibits.

(36) "ORELAP" means the Oregon Environmental Laboratory Accreditation Program administered by the Authority pursuant to ORS 438.605 to 438.620.

(37) "Process lot" means:

(a) Any amount of hemp concentrate or extract of the same type and processed using the same extraction methods, standard operating procedures and batches from the same or a different harvest lot; or

(b) Any amount of a hemp cannabinoid product of the same type and processed using the same ingredients, standard operating procedures and batches from the same or a different harvest lot or process lot of hemp concentrate or extract.

(38) "Relative percentage difference" or "RPD" means the comparison of two quantities while taking into account the size of what is being compared as calculated under OAR 333-064-0100.

(39) "Relative standard deviation" or "RSD" means the standard deviation expressed as a percentage of the mean recovery as calculated under OAR 333-064-0100.

(40) "Remediation":

(a) Means a process or technique applied to a hemp item to remove heavy metals, pesticides or solvents.

(b) Does not include dilution.

(41) “Replicate Sample” means a sample in addition to the primary and duplicate samples that consists of the same number of increments taken in the same manner as the primary and duplicate samples.

(42) "Sample" means an amount of a hemp item or hemp collected by laboratory personnel from a grower or handler and provided to a laboratory for testing.

(43) "Sample increment" means an amount of a hemp item or hemp collected by laboratory personnel from a grower or handler that may be combined into a sample for purposes of testing.

(44) “Standard operating procedure” means a written set of instructions or procedures using the same ingredients, methods and steps to create a single type of industrial hemp item or hemp-derived vapor item.

(45) "Sterilization" means the removal of all microorganisms and other pathogens from a hemp item by treating it with approved chemicals or subjecting it to high heat or other process.

(46) "Test batch" means a group of samples from a batch submitted collectively to a laboratory for testing purposes.

(47) “Texture” means the feel, appearance, or consistency of a hemp item.

(48) "THC" means tetrahydrocannabinol and has the same Chemical Abstracts Service Number as delta-9 THC.

(49) "THCA" means tetrahydrocannabinolic acid, Chemical Abstracts Service Number 23978-85-0.

(50) “These rules” means OAR 603-048-2300 through 603-048-3280.

(51) "TNI Standards" has the same meaning as defined in OAR 333-064-0025(52). Details regarding standards are available at www.nelac-institute.org.

(52) “Unit of sale” means an amount of a hemp item commonly packaged for transfer or sale to a consumer or capable of being packaged for transfer or sale to a consumer.

(53) "Usable hemp"

(a) Means the flowers and leaves of industrial hemp intended for human consumption that does not fall within meaning hemp concentrate or extract, hemp edible, or hemp cannabinoid product.

(b) Includes, for purposes of these rules, pre-rolled hemp as long as the pre-roll consists of only dried hemp leaves and flowers, an unflavored rolling paper and a filter or tip.

History

Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281, ORS 571.330 & ORS 571.337
Statutes/Other Implemented: ORS 571.260 - 571.348
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 13-2024, amend filed 06/05/2024, effective 06/05/2024
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 14-2018, amend filed 04/03/2018, effective 04/03/2018
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17

Or. Admin. R. 603-048-2315 Ordering Tests

(1) A grower or handler must provide a laboratory, prior to the laboratory taking samples, with at a minimum the following information:

(a) The handler’s or grower’s license number.

(b) The name, address and contact information of the grower or handler.

(d) Identification as hemp and type of hemp item.

(e) Harvest lot identifier that is associated with the batch, if applicable.

(f) Process lot identifier that is associated with the batch, if applicable.

(g) Batches to be sampled.

(h) Total mass or volume of each batch to be sampled.

(i) For hemp cannabinoid products, all intended units of sale.

(j) Identification of the test or tests the laboratory is being requested to conduct.

(k) Whether the test or tests being requested are compliance tests.

(l) Whether the test or tests being requested are for quality control, research and development, or any purpose other than a compliance test.

(m) Whether a batch is being re-sampled because of a failed test, the date the failed test result was received by the licensee and laboratory identification number of the laboratory that conducted the initial test.

(n) Whether the hemp or hemp item was remediated, if remediation is permitted under OAR 603-048-2450.

(2) If the hemp or hemp item is being re-sampled after a failed test, the grower or handler must provide the laboratory with documentation of the failed test as applicable.

(3) It is the responsibility of the grower or handler to order the tests necessary to comply with these rules.

(4) A grower or handler may not order more than one compliance test for the same hemp or hemp item.

(5) It is a violation of these rules for a grower or handler to:

(a) Fail to provide the information required in these rules to the laboratory; or

(b) Submit false or misleading information to a laboratory.

(6) Once a test order has been submitted to a laboratory by a grower or handler and at least one test has already been performed, the order may not be canceled unless written permission is given by the Commission or the Department.

History

Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281, ORS 571.330, ORS 571.337 & ORS 571.345
Statutes/Other Implemented: ORS 571.330, ORS 571.345 & ORS 571.348
DOA 31-2023, minor correction filed 08/30/2023, effective 08/30/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17

Or. Admin. R. 603-048-2320 Compliance Testing Requirements for Industrial Hemp for Human Consumption and Usable Hemp

A grower or handler must have every batch of industrial hemp for human consumption, usable hemp, and hemp stalks, tested as required and in the same manner as marijuana under OAR 333-007-0320 prior to sale, transfer, or offering for sale or transfer.

History

Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281 & ORS 571.330
Statutes/Other Implemented: ORS 571.330 & ORS 571.339
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17

Or. Admin. R. 603-048-2330 Compliance Testing Requirements for Hemp Concentrate or Extract

(1) A handler must have every process lot of a hemp concentrate or extract, including kief, intended for use by a handler to make a hemp cannabinoid product tested in the same manner as a cannabinoid concentrate or extract under OAR 333-007-0330(2) prior to sale, offering for sale, or transfer.

(2) A handler must have every process lot of a finished hemp concentrate or extract, including kief, tested in the same manner as a finished cannabinoid concentrate or extract under OAR 333-007-0330(1) prior to sale, transfer, or offering for sale or transfer.

History

Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281 & ORS 571.330
Statutes/Other Implemented: ORS 571.330 & ORS 571.339
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17

Or. Admin. R. 603-048-2340 Compliance Testing Requirements for Hemp Cannabinoid Products

(1) A handler must have every process lot of a finished hemp cannabinoid product prior to sale or transfer to a consumer tested for THC and CBD concentration in the same manner as cannabinoid products under OAR 333-007-0340.

(2) A handler must have a process lot of a finished hemp cannabinoid product tested for microbiological contaminants in accordance with OAR 333-007-0390, upon written request by the Department.

History

Statutory/Other Authority: ORS 561.190 & ORS 571.300 - 571.348
Statutes/Other Implemented: ORS 571.300 - 571.348
DOA 32-2023, minor correction filed 08/30/2023, effective 08/30/2023
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17

Or. Admin. R. 603-048-2342 Compliance Testing Requirements for Industrial Hemp-Derived Vapor Items

A handler must ensure that every process lot of an industrial hemp-derived vapor item for use by a consumer is tested as described in OAR 333-007-0342 prior to sale, transfer, or offering for sale or transfer.

History

Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281 & ORS 571.330
Statutes/Other Implemented: ORS 571.263, ORS 571.281 & ORS 571.330
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, adopt filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary adopt filed 05/10/2022, effective 05/10/2022 through 11/05/2022

Or. Admin. R. 603-048-2350 Batch Requirements for Compliance Testing

(1) Usable hemp. A handler must separate each harvest lot of usable hemp and industrial hemp intended for human consumption into no larger than 50.0 pound batches.

(2) Hemp concentrates or extracts:

(a) A process lot of a hemp concentrate or extract is considered a batch.

(b) A batch of hemp concentrate or extract must be produced using a standard operating procedure and result in one finished hemp concentrate or extract that is uniform in texture and form.

(3) Hemp Cannabinoid products.

(a) A handler must separate process lots into not larger than 35,000 unit of sale batches.

(b) A batch of a hemp cannabinoid product must be produced using a standard operating procedure and result in a finished hemp cannabinoid product that is uniform in potency, texture, and weight. A standard operating procedure may use different flavors or colors in a batch if the different flavors or colors:

(A) Are substituted for one another at a 1:1 ratio; and

(B) Do not affect the potency, texture, or weight of the finished hemp cannabinoid product.

(c) If a hemp cannabinoid product is or may be sold in different quantities in a unit of sale, then the process lot shall be sampled based on the smallest unit of sale for the purposes of sampling and testing. All proposed units of sales must meet the Commission’s concentration limit rules found in OAR 845-026-0400.

(4) Industrial hemp-derived vapor items

(a) A process lot of an industrial hemp-derived vapor item is considered a batch.

(b) A batch of an industrial hemp-derived vapor item must be made from a standard operating procedure and result in one final industrial hemp-derived vapor item that is uniform in flavor, texture, and form.

(5) A handler must assign each batch a process lot identifier as described in OAR 603-048-0500 and that process lot identifier must be:

(a) Provided to the individual responsible for taking samples; and

(b) Included on the batch label as required in OAR 603-048-2380.

(6) A handler may not reuse a process lot identifier.

(7) For the purposes of this rule, “flavor” means:

(a) The essential oil or essence which contains the flavoring constituents derived from a spice, fruit, fruit juice, vegetable, vegetable juice, herb, root, leaf, or similar plant material.

(b) Any substance, the function of which is to impart flavor, which is not derived from a spice, fruit juice, vegetable, vegetable juice, herb, root, leaf, or similar plan material.

History

Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281 & ORS 571.330
Statutes/Other Implemented: ORS 571.263, ORS 571.281 & ORS 571.330
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17

Or. Admin. R. 603-048-2380 Site Requirements for Labeling, Storing, and Securing Pre-Tested Industrial Hemp for Human Consumption or Hemp Items; Recordkeeping

(1) After a laboratory has taken samples from a harvest or process lot batch, the grower or handler must:

(a) Label the batch with the following information:

(A) The grower or handler’s license number;

(B) The harvest or process lot identifier;

(C) The name and accreditation number of the laboratory that took samples and the name and accreditation number of the laboratory responsible for the testing, if different;

(D) The test batch or sample unique identification numbers supplied by the laboratory personnel;

(E) The date the samples were taken; and

(F) In bold, capital letters, no smaller than 12 point font, "ITEM NOT TESTED."

(b) Store and secure the batch in a manner that prevents the industrial hemp for human consumption or hemp item from being tampered with or transferred prior to test results being reported.

(c) Be able to easily locate a batch stored and secured under subsection (1)(b) of this rule and provide that location to the Department or a laboratory upon request.

(2) If the samples pass testing, the batch of industrial hemp for human consumption or hemp items satisfies the testing required by ORS 571.330 and these rules.

(3) If the samples do not pass testing, the grower or handler must comply with OAR 603-048-2450.

History

Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281 & ORS 571.330
Statutes/Other Implemented: ORS 571.263, ORS 571.281 & ORS 571.330
DOA 33-2023, minor correction filed 08/30/2023, effective 08/30/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17

Or. Admin. R. 603-048-2450 Failed Test Samples

(1) If a sample or a duplicate sample (collectively referred to as “sample” for the purposes of this rule) fails any initial test, the laboratory that did the testing may reanalyze the sample. The laboratory that did the initial test may not subcontract the reanalysis. If a primary sample or a duplicate sample fails, both must be reanalyzed. If the sample passes, another laboratory must resample the batch and confirm that result in order for the batch to pass testing.

(a) If a grower or handler wishes to have a sample reanalyzed, the grower or handler must request a reanalysis within seven (7) calendar days from the date the laboratory sent notice of the failed test to the grower or handler. The reanalysis must be completed by the laboratory within 30 calendar days from the date the reanalysis was requested.

(b) If a grower or handler has requested a reanalysis in accordance with subsection (1)(a) of this rule and the sample passes, the handler has seven (7) calendar days from the date the laboratory sent notice of the passed test to request that another laboratory resample the batch and confirm the passed test result. The retesting must be completed by the second laboratory within 30 calendar days from the date the retesting was requested.

(c) A grower or handler must inform the Department within 24 hours, of the following, electronically to HempTestReports@oda.oregon.gov using the forms provided the Department:

(A) A request for reanalysis of a sample;

(B) The testing results of the reanalysis;

(D) The results of retesting.

(2) If a sample fails a test or a reanalysis under section (1) of this rule, the batch:

(a) May be remediated or sterilized according to the requirements of OAR 333-007-0450 for their marijuana equivalents as described in OAR 603-048-2310; or

(b) Must be destroyed as required by OAR 333-007-0450 in a manner specified by the Department if the batch is not or cannot be remediated or sterilized under OAR 333-007-0450 or fails testing as described in OAR 333-007-0450.

(3) If a grower or handler is permitted to remediate or sterilize under this rule, the grower or handler must provide notice to the Department of the handler’s intent to remediate or sterilize.

(4) A grower or handler must inform a laboratory prior to samples being taken that the batch has failed a test and is being retested after undergoing remediation or sterilization.

(5) A grower or handler must, as applicable:

(a) Have detailed procedures for sterilization processes to remove microbiological contaminants and for reducing the concentration of solvents.

(b) Document all sampling, testing, sterilization, remediation and destruction that are a result of failing a test under these rules.

(c) A grower or handler must report failed test results to the Department within 24 hours of receipt of the failed test report electronically to HempTestReports@oda.oregon.gov using the forms provided by the Department.

(6) If a batch fails a test under these rules, the grower or handler must:

(a) Must store and segregate the batch in a secure area and label the batch clearly to indicate it has failed a test and the label must include a test batch number.

(b) May not remove the batch from the licensed grow or handling site without permission from the Department.

History

Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281, ORS 571.319 & ORS 571.330
Statutes/Other Implemented: ORS 571.263, ORS 571.281, ORS 571.319 & ORS 571.330
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17

Or. Admin. R. 603-048-2480 Additional Testing

(1) The Department may require a licensee to submit samples identified by the Department to a laboratory of the licensee’s choosing to be tested in order to determine whether a licensee is in compliance with OAR 603-048-2300 through 603-048-2500 or any other rule of the Department, and may require additional testing that is not required by these rules.

(2) To be sufficient to meet the requirement for audit testing under this rule, a licensee must ensure, through a testing agreement or contract, that the laboratory conducting the testing complies with these rules, to the extent they are applicable, and if conducting testing not required by these rules, may only use Authority approved methods.

(3) The Department may establish a process for the random testing of hemp items for microbiological contaminants.

(4) Any testing ordered under this rule must be paid for by the licensee.

(5) The Department may obtain a hemp item from a person at any time and have it tested to ensure compliance with these rules and OAR chapter 333, division 7, or to protect the public health and safety.

(6) The department may inspect biomass or processed industrial hemp that is stored at a location for which a license is issued under this section.

History

Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281 & ORS 571.330
Statutes/Other Implemented: ORS 571.263, ORS 571.281 & ORS 571.330
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 13-2017, f. & cert. ef. 8-30-17
DOA 7-2017(Temp), f. 3-14-17, cert. ef. 3-15-17 thru 9-10-17

Or. Admin. R. 603-048-2500 Quality Control and Research and Development Testing

(1) A person may request that a laboratory conduct testing for the purpose of assuring quality control or for research and development, except as provided in section (3) of this rule.

(2) A person must ensure that relevant information regarding the licensee or manufacturer of the item is provided to the laboratory conducting the test in accordance with OAR 603-048-2315.

(3) A person may not request that a laboratory conduct pesticide testing on industrial hemp or hemp items for the purpose of quality control, research and development, or any purpose other than compliance testing. A pesticide test on industrial hemp or hemp items is considered by the Department to be a compliance test. Test results may be used by the Department, including the Department’s Pesticide Program, for enforcement of state pesticide laws and rules.

(4) A person that submits industrial hemp or hemp items for quality control or research and development testing is not subject to OAR 603-048-2320 to 603-048-2470.

(5) A laboratory result from a quality control or research and development test cannot be used as a compliance test result and industrial hemp or a hemp item that has only undergone a quality control or research and development test may not be transferred, sold, or attempted to be sold or transferred unless the hemp item has also passed required compliance testing.

(6) Licensees must maintain and retain all quality control and research and development test results for at least two years and provide copies of such results upon request to the Department.

History

Statutory/Other Authority: ORS 561.190, ORS 571.263, ORS 571.281, ORS 571.330 & 571.339
Statutes/Other Implemented: ORS 561.190, ORS 571.263, ORS 571.281, ORS 571.330 & 571.339
DOA 5-2026, amend filed 01/26/2026, effective 01/26/2026
DOA 52-2023, minor correction filed 12/14/2023, effective 12/14/2023
DOA 34-2023, minor correction filed 08/30/2023, effective 08/30/2023
DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022
DOA 8-2022, temporary amend filed 05/10/2022, effective 05/10/2022 through 11/05/2022
DOA 29-2021, amend filed 12/29/2021, effective 01/01/2022
DOA 12-2019, amend filed 05/15/2019, effective 05/15/2019
DOA 7-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019
DOA 14-2018, adopt filed 04/03/2018, effective 04/03/2018

Or. Admin. R. 603-048-3220 General Handler Requirements

(1) A handler must:

(a) Beginning January 1, 2026, register hemp items in accordance with OAR 845-026-6100 and comply with OAR 845-026-6100 through 845-026-6120.

(b) Use equipment, counters, and surfaces for processing that are food-grade and do not react adversely with any solvent being used.

(c) Have counters and surface areas that are constructed in a manner that reduce the potential for development of microbials, molds, and fungi and that can be easily cleaned.

(d) Maintain the licensed facility in a manner that is free from conditions which may result in contamination and that is suitable to facilitate safe and sanitary operations for product preparation purposes.

(2) A handler may not process, possess, transfer or sell a hemp item that contains Dimethyl Sulfoxide (DMSO).

(3) A handler may not treat or otherwise adulterate a cannabinoid product, concentrate, or extract with any additive or substance that would increase potency, toxicity, or addictive potential, or that would create an unsafe combination with other psychoactive substances. Prohibited additives or substances include but are not limited to nicotine, caffeine, polyethylene glycol, or any chemicals that increase carcinogenicity or cardiac effects.

(4) A handler must ensure every process lot of a finished cannabinoid concentrate or extract or finished cannabinoid product, as those terms are defined in OAR 333-007-0310, is uniform in potency, texture, and weight per unit of sale.

History

Statutory/Other Authority: ORS 561.190, 571.263 & 571.281(9)
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026

Or. Admin. R. 603-048-3230 Handler Policies and Procedures

A handler must create, maintain, and follow written, detailed standard policies and procedures that include but are not limited to:

(1) Instructions for making each hemp cannabinoid concentrate, extract, or product.

(2) The ingredients and the amount of each ingredient for each process lot;

(3) The process for making each product;

(4) The number of servings in a process lot;

(5) The intended cannabinoid concentration per serving and in a unit of sale of the product;

(6) The process for making each process lot homogeneous;

(7) If processing a hemp concentrate or extract:

(a) Conducting necessary safety checks prior to commencing processing;

(b) Purging any solvent or other unwanted components from a hemp concentrate or extract;

(8) Procedures for cleaning all equipment, counters, and surfaces thoroughly;

(9) Procedures for preventing growth of pathogenic organisms and toxin formation;

(10) Proper handling and storage of any solvent, gas, or other chemical used in processing or on the licensed premises in accordance with material safety data sheets and any other applicable laws;

(11) Proper disposal of any waste produced during processing in accordance with all applicable local, state and federal laws, rules, and regulations;

(12) Quality control procedures designed to maximize safety and minimize potential product contamination;

(13) Appropriate use of any necessary safety or sanitary equipment; and

(14) Emergency procedures to be followed in case of a fire, chemical spill, or other emergency.

(15) Violations. A first-time violation of this rule is a Class III violation.

History

Statutory/Other Authority: ORS 561.191, 571.263 & 571.281(9)
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026

Or. Admin. R. 603-048-3240 Handler Training Requirements

(1) A handler must have documented a comprehensive training program that includes, at a minimum, the following topics:

(a) The standard operating policies and procedures;

(b) The hazards presented by all solvents or other chemicals used in processing and on the licensed premises as described in the material safety data sheet for each solvent or chemical; and

(2) At the time of hire and prior to engaging in any processing, and once yearly thereafter, each employee involved in processing must be trained in accordance with the handler’s training program. Documentation of applicable training provided, including training date(s) and material covered, must be maintained by the license for all employees for three (3) years after their employment.

(3) Violations. A first-time violation of this rule is a Class III violation.

History

Statutory/Other Authority: ORS 561.191, 571.263 & 571.281(9)
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026

Or. Admin. R. 603-048-3250 Handler Requirements for Hemp Edible Endorsement

(1) A hemp edible handler or a handler which makes a hemp concentrate or extract that will be used in an edible may only process in a food establishment licensed by the Department and must comply with the applicable provisions of OAR chapter 603, divisions 21, 24, 25, and 28.

(2) A hemp handler must keep all cannabinoid-containing products and finished hemp items clearly separated from non-cannabinoid items.

(3) A hemp edible handler may not:

(a) Engage in processing in a location that is operating as a restaurant, seasonal temporary restaurant, intermittent temporary restaurant, limited service restaurant, single-event temporary restaurant as defined in ORS 624.

(b) Use a hemp concentrate or extract to process food unless that concentrate or extract was processed by a licensee in a food establishment licensed by the Department in compliance with the applicable provisions of OAR chapter 603, divisions 21, 24, 25, and 28.

(4) Violations. A violation of section (1) of this rule is a Class I violation. All other first-time violations of rule are Class III violations.

History

Statutory/Other Authority: ORS 561.191, 571.263 & 571.281(9)
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026

Or. Admin. R. 603-048-3260 Handler Requirements for Hemp Concentrate and Extract

(1) Hemp Concentrates or Extracts. A handler with a hemp concentrate or extract endorsement:

(a) May not use Class I solvents as those are classified in the Federal Drug Administration Guidance, Table I, published in the Federal Register on December 24, 1997 (62 FR 67377, https://www.fda.gov/media/71737/download).

(b) Must:

(A) Only use a hydrocarbon-based solvent that is at least 99 percent purity.

(B) Only use a non-hydrocarbon-based solvent that is food-grade.

(C) Work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.

(D) Use only potable water and ice made from potable water in processing OAR 603-025-0020(8).

(E) If making a concentrate or extract that will be used in a hemp edible, be endorsed as a hemp edible handler OAR 603-048-3030.

(2) Hemp Extracts. A handler with an endorsement to make hemp extracts:

(a) May not use pressurized canned flammable fuel, including but not limited to butane and other fuels intended for use in camp stoves, handheld torch devices, refillable cigarette lighters, and similar consumer products.

(b) Prior to licensure or renewal the applicant must:

(A) Provide proof in a form and manner specified by the Department that the site proposed to be licensed has received a Certificate of Occupancy for the intended use issued by the appropriate local building official or fire marshal;

(B) Must list all equipment used in extraction and, if applicable, provide proof that equipment and process has been inspected by a certified mechanical or electrical engineer.

(A) Process in a fully enclosed room clearly designated on the current premises map of the handling site.

(B) Process, if using hydrocarbon solvents, in a room with equipment, including all electrical installations that meet the requirements of the Oregon Structural Specialty Code, related Oregon Specialty Codes and the Oregon Fire Code.

(C) Use a professional grade closed loop extraction system designed to recover the solvents and built to codes of recognized and generally accepted good engineering standards, such as those of:

(i) American National Standards Institute (ANSI);

(ii) Underwriters Laboratories (UL); or

(iii) The American Society for Testing and Materials (ASTM).

(D) If using carbon dioxide in processing, use a professional grade closed loop carbon dioxide gas extraction system where every vessel is rated to a minimum of six hundred pounds per square inch.

(E) For extraction system engineering services, including but not limited to consultation on and design of extraction systems or components of extraction systems, use the services of a professional engineer registered with the Oregon State Board of Examiners for Engineering and Land Surveying, unless an exemption under ORS 672.060 applies.

(F) Have an emergency eye-wash station in any room in which extract is being processed.

(G) Have all applicable material safety data sheets readily available to personnel working for the handler.

(H) If subject to inspection by local and state fire officials, maintain the premises’ Certificate of Occupancy at intervals specified by the fire official.

(3) Hemp Concentrates. A handler with an endorsement to make hemp concentrates:

(a) May not:

(A) Use denatured alcohol.

(B) If using carbon dioxide, apply high heat or pressure.

(b) Must only use or store dry ice in a well-ventilated room to prevent against the accumulation of dangerous levels of carbon dioxide.

(A) A mechanical extraction process; or

(B) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol, or ethanol.

(4) Violations. A violation of this rule is a Class I violation.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 561.191, 571.263 & 571.281(9)
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026

Or. Admin. R. 603-048-3280 Hemp Topical Handler

(1) A handler with a hemp topical endorsement may not process in a location that is operating as a restaurant, seasonal temporary restaurant, intermittent temporary restaurant, limited service restaurant or single-event temporary restaurant as defined in ORS 624.

(2) Violations. A violation of this rule is a Class II violation.

History

Statutory/Other Authority: ORS 561.191, 571.263, 571.005, 571.336 & 571.263
Statutes/Other Implemented: ORS 571.260-571.348
DOA 5-2026, adopt filed 01/26/2026, effective 01/26/2026

Or. Admin. R. 603-048-8011 Presumptive Marijuana

(1) For the purposes of this Division, unless the context provides otherwise or section (2) of this rule provides an alternative definition, the definitions in OAR 603-048-0010 apply.

(2) In addition to the definitions in section (1) of this rule, the following definitions apply:

(a) "Applicant" means a person, joint venture, or cooperative who has submitted an application for a grower license to the Department.

(b) "Good cause" includes, but is not limited to, when an action, delay, or failure to act arises from an excusable mistake, surprise, excusable neglect, reasonable reliance on the statement of a party or agency relating to procedural requirements, or from fraud, misrepresentation, or other misconduct of a party or agency participating in the proceeding.

(d) "Pre-harvest testing" means sampling and testing of growing cannabis by a laboratory or the Department conducted in accordance with OAR 603-048-0600.

(e) "Presumptive test" means testing conducted in accordance with OAR 845-026-4110.

(f) "Licensee" means a person, joint venture or cooperative that produces industrial hemp and is licensed with the Department as a grower under ORS 571.281.

(3) In the Department's discretion, the Department or its designee may inspect and sample cannabis grown at a licensed or proposed grow site or grown pursuant to a grower's license to conduct presumptive testing as described in OAR 845-026-4110.

(4) A licensed grower or applicant must permit Department staff, or its designee, to inspect and access all parts of the grow site or proposed grow site, equipment, facilities, and any area where cannabis is grown pursuant to the license and cooperate with such an inspection in accordance with OAR 603-048-0650(3).

(5) Sampling for a presumptive test shall be conducted in accordance with OAR 845-026-4110.

(6) The Department may detain, seize, or embargo all cannabis at a grow site if any sampling at the grow site conducted pursuant to OAR 845-026-4110 contains total THC of 0.35 percent or more. Any such action shall be conducted in accordance with OAR 603-048-0900.

(7) Except for as specifically identified in OAR 603-048-8011 to 8041, the provisions of OAR 603-048-0010 to 603-048-2500 do not apply to OAR 603-048-8011 to 8041.

(8) OAR 603-048-8011 to 603-048-8041 apply to sampling and testing conducted for purposes of presumptive testing that occurred on or after July 15, 2024.

History

Statutory/Other Authority: ORS 561.190, 571.260-571.348 & OL 2024, Chap. 16
Statutes/Other Implemented: 571.260-571.348 & OL 2024, Chap. 16
DOA 28-2024, adopt filed 12/30/2024, effective 12/31/2024
DOA 16-2024, temporary adopt filed 07/19/2024, effective 07/19/2024 through 01/14/2025

Or. Admin. R. 603-048-8021 Notice of Detainment for Presumptive Marijuana

(1) The Department may detain, seize, or embargo all cannabis that is determined to be presumptive marijuana pursuant to OAR 845-026-4110 in accordance with ORS 561.605 to 561.630.

(a) If the licensee or person in possession of the subject cannabis does not request a hearing within the timeline and manner described in written notification from the Department, withdraws a request for hearing, notifies the Department or the administrative law judge that they will not appear, or fails to appear at a scheduled hearing, the Department may summarily destroy or otherwise dispose of the cannabis, or summarily issue an order requiring the licensee or person in possession to dispose of the subject cannabis in accordance with OAR 603-048-0640.

(b) A licensee may only rebut a finding that the cannabis is presumptively marijuana by conducting valid pre- harvest sampling and testing that is performed by the Department in accordance with OAR 603-048-0600. Pre- harvest sampling and testing that is not performed by the Department is insufficient to rebut a finding that the cannabis is presumptively marijuana. The Department is not responsible for any costs for any pre-harvest testing.

(A) To request sampling and testing for purposes of rebutting a finding that cannabis is presumptively marijuana, within three (3) calendar days from the date the Department issued the notice of detainment, seizure, embargo a grower must submit to the Department, a completed sampling request form provided by the Department that includes:

(i) A written sampling request for THC analysis for each harvest lot, as identified by the harvest lot identifier, for which the grower is requesting sampling and testing and the total number of harvest lots to be sampled and tested;

(ii) A description of the location of the production area of each harvest lot, as identified by the harvest lot identifier, including the GPS coordinates or address of the harvest lot; and

(iii) A written description and visual depiction of each harvest lot to be sampled and tested such that the production area for each harvest lot is apparent from a visual inspection of the premises and easily discernible from other harvest lots.

(B) Harvest lots or production areas sampled and tested by the Department in compliance with OAR 603-048- 0600 that pass testing under OAR 603-048-0600 may be released from detainment. The Department shall not issue an order to destroy until the time to request sampling and preharvest testing has expired.

(C) Cannabis that does not pass testing must be destroyed in accordance with 603-048-0640, except that when requesting approval to dispose of the presumptive marijuana in accordance with OAR 603-048-0640(2)(a), the licensee must submit the request at least two (2) calendar days, not including weekends and holidays, prior to disposal.

(2) Hearings.

(a) If a hearing is requested, as described in 603-048-8021(1)(a), the hearing and the order shall be issued as soon as practicable and not later than the timelines set out in this rule, unless the reason for the delay is explained in the final order.

(A) A hearing held pursuant to a timely request shall be conducted within 11-20 calendar days of the request unless:

(i) the Department requests a postponement; or

(ii) the licensee requests a delay and the administrative law judge determines there is good cause or the Department otherwise agrees to a postponement.

(B) The record shall be closed within 48 hours from the conclusion of the hearing.

(C) A proposed or final order must be issued by the administrative law judge within five (5) days, excluding weekends and holidays, from the closing of the record unless the administrative law judge determines there is good cause to delay the proposed or final order.

(b) OAH may select a hearing date and notify the licensee and the Department in writing. The hearing date may be changed with good cause.

(c) OAH may serve and communicate with the licensee by electronic mail unless the licensee requests in writing that service be accomplished by facsimile or regular mail. Service by e-mail is effective at the time a properly addressed email is sent. For cases where final order authority is delegated to OAH, OAH shall also mail a copy of the final order to the licensee.

(d) Discovery and Exchange of Exhibits and Witness Lists.

(A) Witness information and documents or objects planned to be offered as evidence as described in OAR 137- 003- 0566(1)(a)-(c) must be exchanged no later than three (3) calendar days before the hearing date unless there is good cause for delay.

(B) Requests for production of documents to the Department are limited to the following:

(i) The licensee's application for the current license;

(ii) Sampling and testing documentation for the cannabis subject to the disputed notice of detainment;

(iii) Any inspection report regarding the sampling and testing of the cannabis subject to the disputed notice of detainment prepared by the Department or the Department's designee.

(C) Requests for admission and written interrogatories are limited to a total of 10 separate requests (each subpart to count as a separate request).

(D) Depositions of Department witnesses, staff, or designees are not authorized.

(e) Motions for summary determination are not available in contested case proceedings regarding notices of detainment issued under this rule.

(f) A final order issued by OAH that finds in the Department's favor shall require the licensee or person in possession to dispose of the subject cannabis in accordance with OAR 603-048-0640 within ten (10) calendar days from the date of the order unless extended in writing by the Department.

(3) A licensee subject to a detainment, seizure, embargo, or disposal order under this section must comply with OAR 603-048-0900(4) except that the cannabis may be sampled by the Department for the purposes of pre- harvest testing in accordance with this rule.

(4) A licensee must dispose of presumptive marijuana ordered to be disposed of under this rule in accordance with OAR 603-048-0640, except that when requesting approval to dispose of the presumptive marijuana in accordance with OAR 603-048-0640(2)(a), the licensee must submit the request at least two (2) calendar days, not including weekends and holidays, prior to disposal. The licensee must dispose of the presumptive marijuana by the date the final order requires destruction unless extended by the Department in writing.

(5) The Department does not offer collaborative dispute resolution regarding notices issued under this rule.

History

Statutory/Other Authority: ORS 561.190, 561.605-561.620, 571.260-571.348 & OL 2024, Chap. 16
Statutes/Other Implemented: OL 2024, Chap. 16 & 571.263
DOA 28-2024, adopt filed 12/30/2024, effective 12/31/2024
DOA 16-2024, temporary adopt filed 07/19/2024, effective 07/19/2024 through 01/14/2025

Or. Admin. R. 603-048-8031 Final Order of Disposal of Presumptive Marijuana

(1) For presumptive marijuana that meets any of the following criteria, the Department may issue a final order requiring destruction of all cannabis determined to be presumptively marijuana pursuant to OAR 845-026- 4110:

(a) At least fifty percent of composite samples taken from mature plants test at or above ten percent total THC.

(b) The average total THC among the composite samples taken from mature plants tests at or above ten percent.

(2) A final order issued under this rule shall be appealable as an order in other than contested case order under ORS 183.484.

(3) A licensee may only rebut a finding that the cannabis is presumptively marijuana by conducting pre-harvest sampling and testing that is performed by the Department in accordance with OAR 603-048-0600. Pre-harvest sampling and testing performed by a laboratory is not sufficient to rebut a finding that the cannabis is presumptively marijuana. The Department is not responsible for any costs for any pre-harvest testing.

(a) To request sampling and testing for purposes of rebutting a finding that cannabis is presumptively marijuana, within three (3) calendar days from the date of the notification in subsection (1) a grower must submit to the Department, a completed sampling request form provided by the Department that includes:

(A) A written sampling request for THC analysis for each harvest lot, as identified by the harvest lot identifier, for which the grower is requesting sampling and testing and the total number of harvest lots to be sampled and tested;

(B) A description of the location of the production area of each harvest lot, as identified by the harvest lot identifier, including the GPS coordinates or address of the harvest lot; and

(C) A written description and visual depiction of each harvest lot to be sampled and tested such that the production area for each harvest lot is apparent from a visual inspection of the premises and easily discernible from other harvest lots.

(b) Harvest lots or production areas sampled and tested by the Department in compliance with OAR 603-048- 0600 that pass testing under OAR 603-048-0600 may be released from detainment.

(4) The Department shall amend or withdraw a final order if a harvest lot or production area passes testing under OAR 603-048-0600 and the grower complies with all requirements in this rule. A grower must destroy presumptive marijuana in accordance with the destruction order if:

(a) The presumptive marijuana does not pass testing under OAR 603-048-0600;

(b) Valid test results are not provided to the Department by the deadline specified by the Department; or

(5) A licensee must dispose of presumptive marijuana ordered to be disposed under this rule in accordance with OAR 603-048-0640, except that when requesting approval to dispose of the presumptive marijuana in accordance with OAR 603-048-0640(2)(a), the licensee must submit the request at least two (2) calendar days, not including weekends and holidays, prior to disposal. The licensee must dispose of the presumptive marijuana by the date the final order requires destruction unless extended by the Department in writing.

History

Statutory/Other Authority: ORS 561.190, 561.605-561.620, 571.260-571.348 & OL 2024, Chap. 16
Statutes/Other Implemented: OL 2024, Chap. 16 & ORS 571.263
DOA 28-2024, adopt filed 12/30/2024, effective 12/31/2024
DOA 16-2024, temporary adopt filed 07/19/2024, effective 07/19/2024 through 01/14/2025

Or. Admin. R. 603-048-8041 Compliance with Detainment, Seizure, Embargo, Disposal Notice or Order

(1) A person subject to a detainment, seizure, embargo, or disposal notice or order based on a determination that the cannabis is presumptive marijuana must ensure that the cannabis subject to the action are not removed from the location identified in the notice of the action or subject to any harvesting, processing, or manufacturing processes without written permission from the Department.

(a) A person subject to a detainment, seizure, embargo or disposal notice or order shall take all reasonable steps to prevent theft or removal of the cannabis from the location identified in the notice of the action.

(b) A person subject to a detainment, seizure, embargo, or disposal notice or order is strictly liable for any violation of the notice or order, including removal of the cannabis from the location identified in the notice without permission or direction from the person subject to the action.

(c) A person subject to a detainment, seizure, embargo, or disposal notice or order may submit a written request to harvest, move, or take other action to preserve the cannabis pending a legal proceeding challenging the proprietary of the order. The person may only take such action upon written permission from the Department and subject to any requirements or restrictions imposed by the Department.

(2) The Department shall revoke a person's hemp grower license or deny the person's hemp grower application for a license if the person fails to comply with section (1) of this rule, including but not limited to if the cannabis subject to detainment, seizure, embargo, or disposal notice or order is removed from the location identified in the notice or order without prior written permission from the Department.

History

Statutory/Other Authority: ORS 561.190, 561.605-561.620, 571.260-571.348 & OL 2024, Chap. 16
Statutes/Other Implemented: OL 2024, Chap. 16 & ORS 571.263
DOA 28-2024, adopt filed 12/30/2024, effective 12/31/2024
DOA 16-2024, temporary adopt filed 07/19/2024, effective 07/19/2024 through 01/14/2025

Division 50 PLANT INDUSTRY GENERAL

Or. Admin. R. 603-050-0200 Declaration of Policy

Providing and maintaining a voluntary program for the identification and standards relating to controlled atmosphere storage of produce are functions of state government, the responsibilities of which are vested in the Department in keeping with ORS 632.460 and 632.905.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.460 & 632.905
AD 19-1977, f. & ef. 10-5-77

Or. Admin. R. 603-050-0205 Definitions

As used in OAR 603-050-0200 to 603-050-0230, unless the context requires otherwise:

(1) “Certification” means the issuance of a certificate by the Department bearing official identification and verifying that the provisions of OAR 603-050-0210 to 603-050-0225 have been met as to any particular quantity or lot of apples or pears.

(2) “Controlled Atmosphere Storage” means any produce storage establishment, or one or more rooms therein, in which the atmospheric gases are controlled in their amount or in degrees of temperature for the purpose of controlling the condition and maturity of fresh apples or pears.

(3) “Official Identification” means the tag or label prescribed by the Department for an operator of a controlled atmosphere storage, which contains the number assigned to such operator preceded by the letters “CA,” and which may be affixed to a particular quantity or lot of apples or pears. Such tag or label shall conform to the size requirements set forth in subsection (3) of ORS 632.450.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.460 & 632.905
AD 19-1977, f. & ef. 10-5-77

Or. Admin. R. 603-050-0210 General Requirements and Standards for Controlled Atmosphere Storage

(1) Any person desiring to operate a controlled atmosphere storage shall submit an application therefore to the Department on forms provided by the Department, and containing such information as the Department may prescribe, on or before August 31. The Department shall cause an inspection to be made of the facilities proposed to be utilized for controlled atmosphere storage of apples or pears and, if the application and facilities are approved, shall register and assign to the operator an official identification number which may be validly used for one year thereafter. An operator of an approved controlled atmosphere storage facility may thereafter apply on or before August 31 of subsequent years for annual renewals of the use of such official identification number.

(2) Immediately after sealing a controlled atmosphere storage, the operator thereof shall submit a report on forms prescribed by the Department setting forth:

(a) The date of sealing the storage;

(b) The quantity of loose fruit by variety; and

(3) The operator of a controlled atmosphere storage shall keep daily records of temperature, and of air components as to percentages of carbon dioxide and oxygen, determined from readings taken at least once each day. Such records shall be subject to examination and audit by the Department.

(4) Prior to opening a controlled atmosphere storage, the operator thereof shall notify the Department of his intention to do so, and if so directed by the Department, shall await opening until the Department’s representative is present.

(5) In keeping with ORS 632.475 and 632.970, the official identification shall only be affixed on containers of any quantity or lot of apples or pears after departmental inspection and certification.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.460 & 632.905
AD 19-1977, f. & ef. 10-5-77

Or. Admin. R. 603-050-0215 Special Requirements and Standards for Apples

(1) In order to obtain certification and allow for the use of official identification, all apple varieties shall:

(a) Be placed in controlled atmosphere storage, wherein the oxygen content has been reduced to not more than five percent within 20 days after sealing;

(b) Be retained in such controlled atmosphere storage for a period of not less than 60 days; except Gala and Jonagold varieties which shall be retained in such controlled atmosphere storage for a period of not less than 45 days; and

(c) Meet the Condition Standards for Export established by the U.S. Department of Agriculture as set forth in 7 CFR Section 51.323.

(2) In addition to the conditions set forth in section (1) of this rule, standard and Delicious apple varieties shall be placed in the controlled atmosphere storage on or before December 15 of the registration year.

(3) Prior to certification, the Department may make such investigations and examinations as necessary in order to assure compliance with the conditions described in sections (1) and (2) of this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.460 & 632.905
DOA 19-1999, f. & cert. ef. 8-27-99
AD 10-1995, f. & cert. ef. 6-14-95
AD 19-1977, f. & ef. 10-5-77

Or. Admin. R. 603-050-0220 Special Requirements and Standards for Bartlett, Bosc and Comice Pears

(1) In order to obtain certification and allow for the use of official identification, Bartlett, Bosc and Comice pears shall:

(a) Be placed in controlled atmosphere storage, wherein the oxygen content has been reduced to five percent or less within 20 days after sealing;

(b) Be retained in such controlled atmosphere storage for a period of 45 days or more; and

(c) Meet the maturity standard of generally firm and meet the condition standard that there is not more than 2% decay or breakdown.

(2) Prior to certification, the Department may make such investigations and examinations as necessary in order to assure compliance with the conditions described in subsection (1) of this rule.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.460 & 632.905
DOA 24-1999, f. & cert. ef. 11-29-99
AD 10-1995, f. & cert. ef. 6-14-95
AD 19-1977, f. & ef. 10-5-77

Or. Admin. R. 603-050-0225 Special Requirements and Standards for Other Varieties of Pears

(1) In order to obtain certification and allow for the use of official identification, other varieties of pears shall:

(a) Be placed in controlled atmosphere storage, wherein the oxygen content has been reduced to five percent or less within 20 days after sealing;

(b) Be retained in such controlled atmosphere storage for a period of 60 days or more; and

(c) Meet the maturity standard that not more than five percent are further advanced in maturity than firm and meet the condition standards that there are not more than two percent decay, not more than 2% scald, and not more than an average total of 5% for all condition factors including corkspot; and

(d) If preconditioned, be subjected to the storage conditions referred to in subsection (a) and (b) of this section prior to such preconditioning.

(2) Prior to certification, the Department may make such investigations and examinations as necessary in order to assure compliance with the conditions described in subsection (1) of this rule.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.460 & 632.905
DOA 25-1999, f. & cert. ef. 11-29-99
AD 19-1977, f. & ef. 10-5-77

Or. Admin. R. 603-050-0230 Penalties

Upon a determination that a person has willfully violated any of the provisions of OAR 603-050-0210 to 603-050-0225, the Department may suspend, revoke, or refuse to nenew the registration of the official identification number assigned under OAR 603-050-0210(1).

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.460 & 632.905
AD 19-1977, f. & ef. 10-5-77

Or. Admin. R. 603-050-0300 Labeling of Onions and Potatoes, “Brand Name” of Grower or Packer

(1) Any person, grower, or packer as required by ORS 632.226(1) or 632.321(2), in labeling container of onions or potatoes, may use his brand name in lieu of or in place of his name and address only after:

(a) He has registered his brand with the Department and the Secretary of State and has included in such registration his name and address, a complete description or exact facsimile of the brand, and information as to whether the brand will be used on onion containers, potato containers, or both; and

(b) The brand as used on containers is of sufficient size and type to be conspicuous and easily readable.

(2) If the brand is registered in the prescribed manner, until it has been canceled by the first grower or first packer, it shall be used only by him and shall be his exclusive property.

(3) Only the commodity or commodities identified in the registration shall be placed in the containers which are labeled with the brand approved and authorized by the Department.

History

Statutory/Other Authority: ORS 632
Statutes/Other Implemented: ORS 632.226 & 632.321
AD 521-1956, f. 3-14-56, ef. 3-13-56

Division 51 PRODUCE STANDARDS

Or. Admin. R. 603-051-0005 Oregon Grades

(1) Oregon Extra Fancy. “Oregon Extra Fancy” consists of apples of one variety which are mature but not overripe, carefully hand-picked, clean, fairly well formed; free from scab, decay, internal browning, internal breakdown, scald, bitterpit, Jonathan spot, freezing injury, visible water core, and broken skins and bruises except those which are slight and incident to proper handling and packing. The apples are also free from injury caused by smooth netlike russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, disease, insects, or other means; and free from damage by stem or calyx cracks; or by smooth, solid, slightly rough, or rough russeting; provided, that in the case of the Newtown variety, characteristic russet commencing at the stem end shall be permitted as long as it is continuous from the stem bowl and not extending beyond the center of the apple. Each apple of this grade has the amount of color specified in OAR 603-051-0015 for the variety.

(2) Oregon Fancy. “Oregon Fancy” consists of apples of one variety which are mature but not overripe, carefully hand-picked, clean, fairly well formed; free from decay, internal browning, internal breakdown, bitter pit, Jonathan spot, scald, freezing injury, visible water core, and broken skins and bruises except those which are incident to proper handling and packing. The apples are also free from damage caused by russeting; provided, that in the case of the Newtown variety, characteristic russet commencing at the stem end shall be permitted as long as it is continuous from the stem bowl and not extending beyond the center of the apple; sunburn or sprayburn, limb rubs, hail drought spots, scars, stem or calyx cracks, disease, insects; or damage by other means. Each apple of this grade has the amount of color specified in OAR 603-051-0015 for the variety.

(3) Oregon Hail. “Oregon Hail” consists of apples which meet the requirements of Oregon Fancy grade except that hail marks where the skin has not been broken, and well healed hail marks where the skin has been broken, are permitted, provided the apples are fairly well formed (see OAR 603-051-0010 and 603-051-0015).

(4) Oregon C. “Oregon C” consists of apples of one variety which are mature but not overripe, carefully hand-picked, clean, not seriously deformed; free from decay, internal browning, internal breakdown, scald, and freezing injury. The apples are also free from serious damage caused by broken skins, bruises, russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, visible water core, disease, insects; or other means. Each apple of this grade has the amount of color specified in OAR 603-051-0015 for the variety.

(5) Combination Grades:

(a) Combinations of the grades designated in sections (1) to (4) of this rule may be used as follows:

(A) Combination Oregon Extra Fancy and Oregon Fancy;

(B) Combination Oregon Fancy and Oregon C;

(b) Combinations other than these are not permitted in connection with the Oregon apple grades. When combination grades are packed, at least 25 percent of the apples in any lot shall meet the requirements of the higher grade in the combination.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1054(43-74), f. 1-6-75, ef. 1-25-74
AD 926(12-70), f. 9-2-70, ef. 10-1-70
AD 787(11-64), f. 8-12-64, ef. 9-1-64

Or. Admin. R. 603-051-0007 Open Container Pack

As applied to Oregon grades (OAR 603-051-0005) open container pack may consists of apples meeting the requirements of any of the foregoing grades of combinations thereof or may be packed orchard run, except such fruit shall be fit for human consumption and free from decay, worms, scale, and dangerous insect pests and diseases and shall not be packed with noticeable superior specimens on top. The fruits in this pack shall not be wrapped nor the container lidded or covered, except a cleat may be nailed on each end of said container.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 926(12-70), f. 9-2-70, ef. 10-1-70
AD 787(11-64), f. 8-12-64, ef. 9-1-64

Or. Admin. R. 603-051-0009 Other Brands and Grades

As applied to Oregon grades (OAR 603-051-0005), any person, firm, or organization wishing to pack apples under any other grade or brand than according to the foregoing rules shall file a certified copy of the description of such grade or brand with the Director of Agriculture before the first day of September of the year in which the apples so to be packed are grown. If such grade or brand is approved by the Director of Agriculture, apples may be packed under such grade or brand instead of the official state grading rules and all boxes of apples so packed shall be marked with that grade or brand. When grades or brands are authorized by the Director of Agriculture, apples packed under such grades shall be inspected and certified by the Department of Agriculture.

History

Statutory/Other Authority: ORS 632 & 561
Statutes/Other Implemented: ORS 632.450 - 632.490, 632.900 - 632.980 & 561.190
DOA 18-1999, f. & cert. ef. 8-27-99
AD 926(12-70), f. 9-2-70, ef. 10-1-70
AD 787(11-64), f. 8-12-64, ef. 9-1-64

Or. Admin. R. 603-051-0010 Tolerances

(1) In order to allow for variations incident to proper grading and handling in each of the Oregon grades (OAR 603-051-0005), the following tolerances are provided as specified:

(a) Defects:

(A) Oregon Extra Fancy, Oregon Fancy, and Oregon Hail grades: Ten percent of the apples in any lot may fail to meet the requirement of the grade, but not more than 1/2 of this amount, or five percent, shall be allowed for apples which are seriously damaged, including therein not more than one percent for apples affected by decay or internal breakdown.

(B) Oregon C grade: Ten percent of the apples in any lot may fail to meet the requirements of the grade, but not more than 1/2 of this amount, or five percent, shall be allowed for apples which are seriously damaged by insects and including in the total tolerance not more than one percent for apples affected by decay or internal breakdown.

(b) When applying the foregoing tolerances to Combination grades, no part of any tolerance shall be allowed to reduce, for the lot as a whole, the 25 percent of apples of the higher grade required in the combination, but individual containers shall have not less than 15 percent of the higher grade;

(c) Size: When size is designated by the numerical count for a container, not more than five percent of the apples in the lot may vary more than 1/4 inch in diameter. When size is designated by minimum or maximum diameter, not more than five percent of the apples in any lot may be smaller than the designated minimum and not more than 10 percent may be larger than the designated maximum.

(2) Application of Tolerances. The contents of individual packages in the lot are subject to the following limitations; provided, that the averages for the entire lot are within the tolerances specified for the grade:

(a) Packages which contain more than 10 pounds shall have not more than 1-1/2 times a specified tolerance of 10 percent or more and not more than double a tolerance of less than 10 percent, except that at least one apple which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any package;

(b) Packages which contain 10 pounds or less. Not over 10 percent of the packages may have more than three times the tolerance specified, except that at least one defective apple may be permitted in any package; provided, that no more than one apple or more than six percent (whichever is the larger amount) may be seriously damaged by insects or affected by decay or internal breakdown.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 926(12-70), f. 9-2-70, ef. 10-1-70
AD 787, f. 8-12-64, ef. 9-1-64

Or. Admin. R. 603-051-0011 Calculation of Percentages

As applied to Oregon grades (OAR 603-051-0005) calculation of percentages shall be on the basis of count.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 926(12-70), f. 9-2-70, ef. 10-1-70
AD 787(11-64), f. 8-12-64, ef. 9-1-64

Or. Admin. R. 603-051-0013 Condition After Storage or Transit

As applied to Oregon grades (OAR 603-051-0005), decay, scald, or any other deterioration which may have developed on apples after they have been in storage or transit shall be considered as affecting condition and not the grade.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 926(12-70), f. 9-2-70, ef. 10-1-70
AD 787(11-64), f. 8-12-64, ef. 9-1-64

Or. Admin. R. 603-051-0014 Marking Requirements

As applied to Oregon grades (OAR 603-051-0005):

(1) The numerical count or the minimum diameter of the apples packed in a closed container shall be indicated on the container.

(2) When the numerical count is not shown, the minimum diameter shall be plainly stamped, stenciled, or otherwise marked on the container in terms of whole inches, or whole inches and not less than eighth inch fractions thereof, in accordance with the facts. Net weight shall be similarly marked in terms of whole pounds, avoirdupois, in accordance with the facts.

(3) Only the following abbreviations are approved and permitted for marking grade on containers:

(a) Ore. Ex. Fcy. — Oregon Extra Fancy;

(b) Ore. Fcy. — Oregon Fancy;

(d) Ore. Hail — Oregon Hail;

(e) Comb. — Combination (used in conjunction with combination grades).

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 926(12-70), f. 9-2-70, ef. 10-1-70
AD 787(11-64), f. 8-12-64, ef. 9-1-64

Or. Admin. R. 603-051-0015 Color Requirements

(1) In addition to the requirements specified for grades set forth in OAR 603-051-0005 apples of these grades shall have the percentage of color specified for the variety in Table 1. For the solid red varieties, the percentage stated refers to the area of the surface which must be covered with a good shade of solid red characteristic of the variety; provided, that an apple having color of a lighter shade of solid red or striped red than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade. For the striped red varieties, the percentage stated refers to the area of the surface in which the stripes of a good shade of red characteristic of the variety shall predominate over stripes of lighter red, green, or yellow. However, an apple having color of a lighter shade than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of stripes of a good red characteristic of the variety required for the grade. Faded brown stripes shall not be considered as color.

(2) In the following, no color is required in any Oregon grade: Natural blush is not objectionable: Golden Delicious, Gravenstein, Ortley, Newtown, Yellow Transparent, or other similar varieties.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 926(12-70), f. 9-2-70, ef. 10-1-70
AD 787(11-64), f. 8-12-64, ef. 9-1-64

Or. Admin. R. 603-051-0020 Definitions

As used in OAR 603-051-0005 to 603-051-0020:

(1) “Mature” means that the apples have reached the state of development which will insure the proper completion of the ripening process. Before a mature apple becomes overripe, it will show varying degrees of firmness, depending upon the stage of the ripening process. The following terms are used for describing different stages of firmness of apples:

(a) “Hard” means apples with a tenacious flesh and starchy flavor;

(b) “Firm” means apples with a tenacious flesh but which are becoming crisp with a slightly starchy flavor, except the Delicious variety;

(c) “Firm ripe” means apples with crisp flesh except that the flesh of the Gano, Ben Davis, and Rome Beauty varieties may be slightly mealy;

(d) “Ripe” means apples with mealy flesh and soon to become soft for the variety.

(2) “Overripe” means apples which are dead ripe, with flesh very mealy or soft, and past commercial utility.

(3) “Carefully Hand-Picked” means that the apples do not show evidence of rough handling or of having been on the ground.

(4) “Clean” means that the apples are free from excessive dirt, dust, spray residue, and other foreign material.

(5) “Fairly Well Formed” means that the apple may be slightly abnormal in shape but not to an extent which detracts materially from its appearance.

(6) “Injury” means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which more than slightly detracts from the appearance, or the edible or shipping quality of the apple. The following specific defects shall be considered as injury:

(a) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether or not an apple is injured by russeting. Smooth, net-like russeting outside of the stem cavity or calyx basin shall be considered as injury when an aggregate area of more than 10 percent of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted;

(b) Sunburn or sprayburn, when the discolored area does not blend into the normal color of the fruit;

(c) Dark brown or black limb rubs which affect a total area of more than 3/8 inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of injury by russeting (see section (11) of this rule);

(d) Hail marks, drought spots, other similar depressions or scars:

(A) When the skin is broken, whether healed or unhealed;

(B) When there is appreciable discoloration of the surface;

(D) When any surface indentation exceeds 1/4 inch in diameter; or

(E) When the aggregate affected area of such spots exceeds 3/8 inch in diameter (see section (11) of this rule).

(e) Disease, red skin spots which are thinly scattered over more than 1/10 of the surface, or dark, heavily concentrated spots which affect an area of more than 1/4 inch in diameter (see section (11) of this rule);

(f) Insects:

(A) Aphis or thrip marks that are rough or pebbly, or which are not rough or pebbly affecting more than 10 percent of the surface;

(B) Worm holes.

(7) “Damage” means any specific defect defined in this section, or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects, which materially detracts from the appearance or the edible or shipping quality of the apple. The following specific defects shall be considered as damage:

(a) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether or not an apple is damaged by russeting, except that excessively rough or bark-like russeting in the stem cavity or calyx basin shall be considered as damage when the appearance of the apple is materially affected. The following types and amounts of russeting outside of the stem cavity or calyx basin shall be considered as damage:

(A) Russeting which is excessively rough on Roxbury Russet and other similar varieties;

(B) Smooth, net-like russeting, when an aggregate area of more than 15 percent of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted;

(C) Smooth, solid russeting, when an aggregate area of more than five percent of the surface is covered, and the pattern and color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous solid russeting when the appearance is affected to a greater extent than the above amount permitted;

(D) Slightly rough russeting which covers an aggregate area of more than 1/2 inch in diameter (see section (11) of this rule);

(E) Rough russeting which covers an aggregate area of more than 1/4 inch in diameter (see section (11) of this rule).

(b) Sunburn or sprayburn which has caused blistering or cracking of the skin, or when the discolored area does not blend into the normal color of the fruit unless the injury can be classed as russeting;

(c) Limb rubs which affect a total area of more than 1/2 inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of damage by russeting (see section (11) of this rule);

(d) Hail marks, drought spots, other similar depressions or scars:

(A) When any unhealed mark is present;

(B) When any surface indentation exceeds 1/8 inch in depth;

(C) When the skin has not been broken and the aggregate affected area exceeds 1/2 inch in diameter (see section (11) of this rule); or

(D) When the skin has been broken and well healed and the aggregate affected area exceeds 1/4 inch in diameter (see section (11) of this rule).

(e) Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of 1/2 inch;

(f) Disease:

(A) Scab spots which affect a total area of more than 1/4 inch in diameter (see section (11) of this rule);

(B) Red skin spots which are thinly scattered over more than 1/10 of the surface, or dark, heavily concentrated spots which affect an area of more than 1/2 inch in diameter (see section (11) of this rule).

(g) Insects:

(A) Aphis or thrip marks that are rough or pebbly or which are not rough or pebbly affecting more than 20 percent of the surface;

(B) Worm holes.

(8) “Serious Damage” means any specific defect defined in this section, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which seriously detracts from the appearance, or the edible or shipping quality of the apple. The following specific defects shall be considered as serious damage:

(a) The following types and amounts of russeting shall be considered as serious damage: Smooth, solid russeting, when more than 1/2 of the surface in the aggregate is covered, including any russeting in the stem cavity or calyx basin, or slightly rough, or excessively rough or bark-like russeting, which detracts from the appearance of the fruit to a greater extent than the amount of smooth, solid russeting permitted; provided, that any amount of characteristic russeting shall be permitted on Newtown variety;

(b) Sunburn or sprayburn which seriously detracts from the appearance of the fruit;

(d) Hail marks, drought spots, or scars, if they materially deform or disfigure the fruit, or if such defects affect more than 1/10 of the surface in the aggregate; provided, that no hail marks which are unhealed shall be permitted and not more than an aggregated area of 1/2 inch shall be allowed for well healed hail marks where the skin has been broken (see section (11) of this rule);

(e) Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of 1/2 inch;

(f) Visible water core which affects an area of more than 1/2 inch in diameter (see section (11) of this rule);

(g) Disease:

(A) Scab spots which affect total area of more than 3/4 inch in diameter (see section (11) of this rule);

(B) Red skin spots which affect more than 1/3 of the surface;

(C) Bitter pit or Jonathan spot which is thinly scattered over more than 1/10 of the surface and does not materially deform or disfigure the fruit.

(h) Insects:

(A) Aphis pebbling or thrip marks which seriously distract from the appearance;

(B) Worm holes.

(9) “Seriously Deformed” means that the apple is so badly misshapen that its appearance is seriously affected.

(10) “Diameter.” When measuring for minimum size, “diameter” means the greatest dimension of the apple measured at right angles to a line from stem to blossom end. When measuring for maximum size, “diameter” means the smallest dimension of the apple determined by passing the apple through a round opening in any position.

(11) “Area.” Where in the regulations relating to standards for apples there is a reference “see section (11) of this rule,” the word “area” as used therein refers to a circle of the specified diameter.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 926(12-70), f. 9-2-70, ef. 10-1-70
AD 787(11-64), f. 8-12-64, ef. 9-1-64

Or. Admin. R. 603-051-0026 U.S. Standards Adopted as State Standards

(1) In addition to standards prescribed in OAR 603-051-0005 to 603-051-0020, there hereby are adopted as the Standards of the State of Oregon For Apples adopted by the United States Department of Agriculture effective September 1, 1964, as amended and in effect October 1, 1966. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.300 to 51.323, a copy of which is filed herewith and by this reference made a part hereof.

(2) The use of United States standards for grades pursuant to this section or of Oregon standards for grades pursuant to OAR 603-051-0005 is optional: However, the federal standards included in CFR Section 51.305 to 51.323 are applicable only to United States grades.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 880(11-68), f. 6-11-68
AD 926(12-70), f. 9-2-70, ef. 10-1-70
AD 787(11-64), f. 8-12-64, ef. 9-1-64

Or. Admin. R. 603-051-0045 Apricots Official Standards

The United States Standards For Apricots adopted by the United States Department of Agriculture effective May 25, 1928, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for apricots. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2925 to 51.2932, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 728, f. 7-2-63

Or. Admin. R. 603-051-0061 Oregon No. 1 Grade

“Oregon No. 1” consists of stalks of asparagus which are fresh and fairly straight; which are free from decay and free from damage caused by spreading or broken tips, dirt, disease, insects, or other means:

(1) Size. Unless otherwise specified, the diameter of each stalk is not less than 3/8 inch.

(2) Color. Unless otherwise specified, not less than two-thirds of the stalk length is of a green color.

(3) Tolerances. In order to allow for variations incident to proper grading and handling, the following tolerances, by count, are provided as specified:

(a) For defects. Ten percent for stalks in any lot which fail to meet the requirements of this grade, including therein not more than five percent for defects causing serious damage; provided, that not more than 1/5 of this latter amount, or one percent, shall be allowed for stalks affected by decay;

(b) For off-size. Ten percent for stalks in any lot which fail to meet the specified diameter or length requirements.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1023(13-74), f. 4-19-74, ef. 5-11-74

Or. Admin. R. 603-051-0062 Oregon No. 2 Grade

“Oregon No. 2” consists of stalks of asparagus which are fresh and not badly misshapen; which are free from decay and free from serious damage caused by spreading or broken tips, dirt, disease, insects or other means:

(1) Size. Unless otherwise specified, the diameter of each stalk is not less than 5/16 inch.

(2) Color. Unless otherwise specified, not less than 1/2 of the stalk length is of a green color.

(3) Tolerances. In order to allow for variations incident to proper grading and handling, the following tolerances, by count, are provided as specified:

(a) For defects. Ten percent for stalks in any lot which fail to meet the requirements of this grade, including therein not more than 1/10 of this tolerance, or one percent, shall be allowed for stalks affected by decay;

(b) For off-size. Ten percent for stalks in any lot which fail to meet the specified diameter or length requirements.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1023(13-74), f. 4-19-74, ef. 5-11-74

Or. Admin. R. 603-051-0063 Unclassified

“Unclassified” consists of stalks of asparagus which have not been classified in accordance with any of the foregoing grades. The term “unclassified” is not a grade within the meaning of these standards but is provided as a designation to show that no grade has been applied to the lot.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1023(13-74), f. 4-19-74, ef. 5-11-74

Or. Admin. R. 603-051-0064 Application of Tolerances

The contents of individual packages in the lot are subject to the following limitations:

(1) Packages which contain more than 50 stalks shall have not more than 1-1/2 times a specified tolerance of 10 percent or more, or not more than double a specified tolerance of less than 10 percent; provided, that the averages for the entire lot are within the tolerances specified for the grade.

(2) Packages which contain 50 stalks or less shall have not more than four times the tolerances specified, except that at least two defective and two off-size stalks may be permitted in any package; provided, that not more than one stalk which is affected by decay may be permitted in any package; and provided further, that the averages for the entire lot are within the tolerances specified for the grade.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1023(13-74), f. 4-19-74, ef. 5-11-74

Or. Admin. R. 603-051-0065 Diameter Classification

Any lot of asparagus may be classified as Small, Medium, or Large, if eighty percent, by count, of the stalks in any lot conform to the following requirements for such sizes:

(1) Small — 3/8 to 9/16 inch;

(2) Medium — 9/16 to 3/4 inch;

(3) Large — over 3/4 inch.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1023(13-74), f. 4-19-74, ef. 5-11-74

Or. Admin. R. 603-051-0066 Amount of Green Color

When the asparagus in a lot has less or more green color than is specified in the grade, it may be described as 1/4 stalk length green, 3/4 stalk length green, etc., in accordance with the facts.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1023(13-74), f. 4-19-74, ef. 5-11-74

Or. Admin. R. 603-051-0067 Stalk Length

There is no minimum stalk length specified in the grades, but the minimum stalk length may be stated in terms of whole inches or whole and half inches in connection with the grade designation as “Oregon No. 1, 8-1/2 inch minimum,” “Oregon No. 1 Large, 7-inch minimum,” “Oregon No. 1 Large, 10-1/2 inch minimum,” etc., in accordance with the facts.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1023(13-74), f. 4-19-74, ef. 5-11-74

Or. Admin. R. 603-051-0068 Definitions

(1) “Fresh” means that the stalk is not limp or flabby.

(2) “Damage” means any defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the stalk.

(3) “Diameter” means the greatest thickness of the stalk measured at a point approximately one inch from the butt.

(4) “Badly Misshapen” means that the stalk is so badly flattened, crooked, or otherwise so badly deformed that its appearance is seriously affected.

(5) “Serious Damage” means any defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the stalk.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1023(13-74), f. 4-19-74, ef. 5-11-74

Or. Admin. R. 603-051-0075 Official Standards

The United States Standards for Snap Beans adopted by the United States Department of Agriculture effective August 1, 1936, and in effect on January 1, l963, hereby are adopted as the standards of the State of Oregon for snap beans. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 730, f. 7-2-63

Or. Admin. R. 603-051-0090 Official Standards

The United States Standards for Beets adopted by the United States Department of Agriculture effective August 1, l955, and in effect January 1, 1963, hereby are adopted as the standards of the State of Oregon for beets. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.375 to 51.394, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 731, f. 7-2-63

Or. Admin. R. 603-051-0105 Official Standards

The United States Standards for Brussels Sprouts adopted by the United States Department of Agriculture effective January 18, 1954, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for Brussels sprouts. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2250 to 51.2262, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 732, f. 7-2-63

Or. Admin. R. 603-051-0120 Official Standards

The United States Standards for Cabbage adopted by the United States Department of Agriculture effective September 1, 1945, and in effect January 1, 1963, hereby are adopted as the standards of the State of Oregon for cabbage. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 733, f. 7-2-63

Or. Admin. R. 603-051-0135 Official Standards

The United States Standards for Cantaloupes adopted by the United States Department of Agriculture in effect on July 1, 1969, hereby are adopted as the standards of the State of Oregon for cantaloupes. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.475 to 51.497, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 903(9-69), f. 8-11-69, ef. 8-15-69
AD 734, f. 7-2-63

Or. Admin. R. 603-051-0150 Official Standards

The United States Standards for Bunched Carrots adopted by the United States Department of Agriculture effective September 18, 1954, and in effect on January 1, l963, hereby are adopted as the standards of the State of Oregon for bunched carrots. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2455 to 51.2471, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 735, f. 7-2-63

Or. Admin. R. 603-051-0165 Official Standards

The United States Standards for Cauliflower adopted by the United States Department of Agriculture in effect on July 1, l969, hereby are adopted as the standards of the State of Oregon for cauliflower. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 903(9-69), f. 8-11-69, ef. 8-15-69
AD 736, f. 7-2-63

Or. Admin. R. 603-051-0180 Official Standards

The United States Standards for Celery adopted by the United States Department of Agriculture effective April 7, 1959, and in effect on January 1, l963, hereby are adopted as the standards of the State of Oregon for celery. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.560 to 51.588, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 737, f. 7-2-63

Or. Admin. R. 603-051-0195 Definition

(1) “Sulphured Cherries” means properly matured whole cherries of similar varietal characteristics packed in a solution of sulphur dioxide of sufficient strength to preserve the cherries with or without the addition of hardening agents.

(2) “Unpitted Sulphured Cherries” means whole cherries stemmed or unstemmed from which the pits have not been removed. If unstemmed, not more than 20 percent, by weight, of all the cherries may have the stems removed. If stemmed, not more than 1/2 of one percent, by weight, of all the cherries may have the stems attached.

(3) “Pitted Sulphured Cherries” means whole cherries with or without stems from which the pits have been removed. If unstemmed (cocktail), not more than seven percent, by weight, of all the cherries may have the stems removed. If stemmed, not more than 1/2 of one percent, by weight, of all the cherries, may have the stems attached.

(4) “Pit” means an entire pit or portion thereof attached to a sulphured cherry or within the pit cavity.

(5) “Unclassified Cherries” means sulphured cherries which do not conform to any of the styles set forth in sections (2), (3), or (4) of this rule.

(6) “Properly Matured” means that stage of ripeness in which the fruit is fully developed for brining purposes.

(7) “Clean” means that the product is practically free from leaves, fruit spurs, bark, twigs, dirt, or foreign material.

(8) “Well Bleached” means that the cherries possess a practically uniform color typical of well bleached sulphured cherries for the variety.

(9) “Firm” means that the cherries possess a firm, fleshy texture, retain their approximate original shape, are not shriveled, and do not show more than slight collapsed areas of flesh.

(10) “Damage” means any injury or defect which materially affects the appearance or market quality of the product. The following shall be considered “damage”:

(a) “Mechanical injury.” Any open pitter hole, or open pitter holes measuring more than 1/8 inch across in the aggregate; any pitter hole where there is a material loss of flesh; any pitter tear or pitter tears, or any other mechanical injury which materially affects the appearance of the cherry;

(b) “Surface discoloration”:

(A) (In case of Oregon No. 1 whole cherry) — Any light surface discoloration exceeding in the aggregate 1/8 of the surface of the cherry; any dark surface discoloration exceeding in the aggregate the area of a circle 3/16 inch in diameter, but not exceeding in the aggregate 1/8 of the surface of the cherry;

(B) (In case of Oregon No. 1 halved cherries) — Any light surface discoloration exceeding in the aggregate 1/8 of the surface of the cherry; any dark surface discoloration exceeding in the aggregate the area of a circle 1/16 inch in diameter.

(A) (In case of Oregon No 1. whole cherries) — In the stem basin more than 1/4 inch in length; outside the stem basin more than 3/16 inch in length measured on the circumference;

(B) (In the case of Oregon No. 1 halved cherries) — In the stem basin more than 1/8 inch in length; outside the stem basin no rain cracks shall be allowed.

(d) “Blemished.” Any insect injury, bird pecks, limb rub, hail marks, sunburn, solution cracks, or any other blemish or combination of blemishes which materially affects the appearance of the cherry; also any cherry, the flesh of which is materially discolored.

(11) “Fairly Well Bleached” means that the cherries possess a reasonably uniform color typical of reasonably well bleached sulphured cherries for the variety.

(12) “Fairly Firm” means that the cherries possess a reasonably firm texture, may have slightly lost their original shape, may be slightly shriveled, or may show moderately collapsed areas of the flesh.

(13) “Serious Damage” means any injury which seriously affects the appearance or market quality of the product. The following shall be considered “serious damage”:

(a) Any deformed or double cherry;

(b) “Mechanical injury”:

(A) (In case of Oregon No. 2 whole cherries) — Any open pitter hole, or open pitter holes measuring more than 3/16 inch across in the aggregate; any pitter hole where there is a serious loss of flesh; any pitter tear or pitter tears, or any other mechanical injury which seriously affects the appearance of the cherry;

(B) (In the case of Oregon No. 2 halved cherries) — Any open pitter hole, or open pitter holes measuring more than 1/8 inch across in the aggregate; any pitter hole where there is a serious loss of flesh; any pitter tear or pitter tears, or any other mechanical injury which seriously affects the appearance of the cherry.

(c) “Surface discoloration.” Any light surface discoloration exceeding in the aggregate 1/2 of the surface of the cherry; any dark surface discoloration exceeding in the aggregate 1/8 of the surface of the cherry;

(d) “Rain cracks”:

(A) (In the case of Oregon No. 2 whole cherries) — In the stem basin more than 1/2 inch in length; outside the stem basin more than 3/8 inch in length measured on the circumference;

(B) (In the case of Oregon No. 2 halved cherries) — In the stem basin more than 1/4 inch in length; outside the stem basin more than 3/16 inch in length measured on the circumference.

(e) Any blemish or combination of any blemishes which seriously affects the appearance of the cherry; also any cherry, the flesh of which is seriously discolored.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 469, f. & ef. 5-20-54

Or. Admin. R. 603-051-0200 Grades

(1) Oregon No. 1 grade sulphured whole cherries shall consist of properly matured cherries of similar varietal characteristics that are clean, firm, well formed, and well bleached. The cherries shall be free from damage caused by mechanical injury, surface discoloration, rain cracks, blemishes, or other means. In order to allow for variations incident to proper preparation, grading, and handling, at least 95 percent of the cherries of any lot must meet the requirements of “firm.” In addition, not more than 10 percent of the cherries of any lot may be below the remaining requirements of this grade, of which not more than 1/2 or five percent shall be allowed for defects classified as serious damage.

(2) Oregon No. 1 grade sulphured halved cherries shall consist of portions of sliced cherries, no particle of which shall be smaller than an estimated 1/3 or more than an estimated 2/3 of a whole cherry. The cherries shall be properly matured, of similar varietal characteristics that are clean, firm, well formed, and well bleached. The cherries shall be free from damage caused by mechanical injury, surface discoloration, rain cracks, blemishes, or other means. In order to allow for variations incident to proper preparation, grading, and handling, at least 95 percent of the cherries of any lot must meet the requirements of “firm.” In addition, not more than 10 percent of the cherries of any lot may be below the remaining requirements of this grade, of which not more than 1/2 or five percent shall be allowed for defects classified as serious damage.

(3) Oregon No. 2 grade sulphured whole cherries shall consist of properly matured cherries of similar varietal characteristics that are clean, fairly firm, well formed, and fairly well bleached. The cherries shall be free from serious damage caused by mechanical injury, surface discoloration, rain cracks, blemishes or other means. In order to allow for variations incident to proper preparation, grading, and handling, at least 90 percent of the cherries of any lot must meet the requirements of “fairly firm.” In addition, not more than 10 percent of the cherries of any lot may be below the remaining requirements of this grade.

(4) Oregon No. 2 grade sulphured halved cherries shall consist of properly matured cherries of similar varietal characteristics that are clean, fairly firm, well formed, and fairly well bleached. The cherries shall be free from serious damage caused by mechanical injury, surface discoloration, rain cracks, blemishes, or other means. In order to allow for variations incident to proper preparation, grading, and handling, at least 90 percent of the cherries of any lot must meet the requirements of “fairly firm.” In addition, not more than 10 percent of the cherries of any lot may be below the remaining requirements of this grade.

(5)(a) Oregon Combination Grade sulphured cherries shall be a combination of Oregon No. 1 and Oregon No. 2 cherries of any style. When such a combination grade is packed, unless otherwise specified, the lot shall average not less than 50 percent Oregon No. 1 quality cherries;

(b) A tolerance of not more than 10 percent shall be allowed for cherries which fall below the requirements of Oregon No. 2 grade;

(c) The tolerances for the standards are on a container basis. However, individual containers in any lot may vary from the specified tolerances, providing the averages for the entire lot, based on sample inspection, are within the tolerances specified. No part of any tolerance shall be allowed to reduce, for the lot as a whole, the 50 percent of cherries of the higher grade requirement in the combination; but individual containers may not have less than 35 percent of the higher grade or more than 20 percent below the requirements of Oregon No. 2 grade;

(d) When other combinations are specified, individual containers may not have more than 15 percent less than the percentage specified of the higher grade or more than 20 percent below the requirements of Oregon No. 2 grade.

(6) Oregon No. 3 grade sulphured cherries shall consist of cherries which fail to meet the requirements of the above grades, and shall be practically free of stems, leaves, fruit spurs, bark, dirt, or foreign material.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 469, f. & ef. 5-20-54

Or. Admin. R. 603-051-0205 Tolerances for Certification of Lots of Oregon No. 1 or 2 Grade Sulphured Cherries

(1) The tolerances for certification of lots of Oregon No. 1 or 2 grades of sulphured cherries shall be on a container basis. However, not to exceed 1/6 of the individual containers in any lot may vary from the specified tolerances provided the averages for the entire lot, based on sample inspection, are within the tolerances specified. For a tolerance of 10 percent or more, individual containers in any lot may contain not more than 1-1/2 times the tolerance specified. For a tolerance of less than 10 percent, individual containers in any lot may contain not more than double the tolerance specified.

(2) In pitted cherries:

(a) Of extra small and small sizes, there shall not be found in excess of two pits per each 40 ounces of cherries;

(b) Of medium, large, or mixed sizes, there shall not be found in excess of one pit per each 40 ounces of cherries;

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 469, f. & ef. 5-20-54

Or. Admin. R. 603-051-0210 Sizes

The following approximate sizes shall be considered as standards for all grades of sulphured cherries except for halved cherries:

(1) Extra Small: 14 mm. to and including 16 mm.

(2) Small: 16 mm. to and including 18 mm.

(3) Medium: 18 mm. to and including 20 mm.

(4) Large: 20 mm. to and including 22 mm.

(5) Extra Large: 22 mm. and over.

History

Statutory/Other Authority: ORS 616
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 469, f. & ef. 5-20-54

Or. Admin. R. 603-051-0225 Official Standards

The United States Standards For Grades of Sweet Cherries adopted by the United States Department of Agriculture (36 F. R. 8502) effective May 7, 1971, are hereby adopted as the official standards for sweet cherries within the State of Oregon, save and except that specifically set forth hereafter. A copy of such federal standards is filed herewith and by this reference made a part hereof. The exception to such federal standards is in reference to Section 51.2648(b)(1) of such federal standards, so that the Oregon standard for the grade “Oregon No. 1” would provide for 24 percent for cherries in any lot rather than the 12 percent provided in said federal standard.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 12-1978, f. & ef. 7-17-78
AD 7-1978(Temp), f. & ef. 6-5-78
AD 937(6-71), f. 7-19-71, ef. 7-19-71
AD 738, f. 7-2-63

Or. Admin. R. 603-051-0240 Official Standards

The United States Standards For Green Corn adopted by the United States Department of Agriculture effective May 18, 1954, and in effect on January 1, l963, hereby are adopted as the standards for the State of Oregon for green corn. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.835 to 51.857, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 739, f. 7-2-63

Or. Admin. R. 603-051-0255 Dewberries and Blackberries Official Standards

The United States Standards For Dewberries and Blackberries adopted by the United States Department of Agriculture effective February 13, 1928, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for dewberries and blackberries. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 740, f. 7-2-63

Or. Admin. R. 603-051-0268 Official Standards

The United States Standards For Grades of Filberts in Shell adopted by the United States Department of Agriculture on July 14, 1970. Effective September 1, 1970, are hereby adopted as a standard of the State of Oregon for filberts in shell. Such federal standards are as contained in Sections 51.1995 to 51.2009 of 35 Federal Register 11453. A copy of such regulations is filed herewith and by this reference made a part hereof. In addition thereto, OAR 603-51-273, 603-51-278, 603-51-283, and 603-51-288 of this Order are also hereby adopted as standards of the State of Oregon for filberts in shell.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 939(14-70), f. 10-20-70, ef. 11-1-70

Or. Admin. R. 603-051-0273 Oregon No. 1 Grade

“Oregon No. 1” consists of filberts in the shell which meet the following requirements:

(1) Similar type; and

(2) Dry;

(3) Shells:

(a) Well formed; and

(b) Clean and bright;

(A) Blanks; and

(B) Broken or split shells.

(d) Free from damage caused by:

(A) Stains; and

(B) Adhering husk; or

(4) Kernels:

(a) Reasonable well developed; and

(b) Not badly misshapen;

(A) Rancidity;

(B) Decay;

(D) Insect injury.

(d) Free from damage caused by:

(A) Shriveling; and

(B) Discoloration; or

(5) Size: The size shall be specified in connection with the grade in accordance with one of the size classifications in Table 2.

(6) Tolerances: In order to allow for variations incident to proper grading and handling, the following tolerance, by count, are permitted as specified:

(a) For mixed types. Twenty percent filberts which are of a different type;

(b) For defects. Ten percent for filberts which are below the requirements of this grade; provided, that not more than 1/2 of this amount or five percent shall consist of blanks, and not more than five percent shall consist of filberts with rancid, decayed, moldy, or insect injured kernels, including not more than two percent for insect injury;

(c) For off-size. Fifteen percent for filberts which fail to meet the requirements for the size specified, but not more than 2/3 of this amount, or 10 percent shall consist of undersize filberts.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1065(11-75), f. 8-5-75, ef. 8-25-75
AD 982(15-72), f. 10-25-72, ef. 11-15-72
AD 929(14-70), f. 10-20-70, ef. 11-1-70

Or. Admin. R. 603-051-0278 Application of Standards

(1) The grade of a lot of filberts shall be determined on the basis of a composite sample drawn from containers in various locations in the lot. However, any container or group of containers in which the filberts are obviously of a quality, type, or size materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately.

(2) In grading the sample, each filbert shall be examined for defects of the shell before being cracked for kernel examination. A filbert shall be classed as only one defective nut even though it may be defective externally and internally.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 929(14-70), f. 10-20-70, ef. 11-1-70

Or. Admin. R. 603-051-0283 Definitions

(1) “Similar Type” means that the filberts in each container are of the same general type and appearance. For example, nuts of the round type shall not be mixed with those of the long type in the same container.

(2) “Dry” means that the shell is free from surface moisture, and that the shells and kernels combined do not contain more than 10 percent moisture.

(3) “Well Formed” means that the filbert shell is not materially misshapen.

(4) “Clean and Bright” means that the individual filbert and the lot as a whole are practically free from adhering dirt and other foreign material, and that the shells have characteristic color.

(5) “Blank” means a filbert containing no kernel or a kernel filling less than 1/4 the capacity of the shell.

(6) “Split Shell” means a shell having any crack which is open and conspicuous for a distance of more than 1/4 the circumference of the shell, measured in the direction of the crack.

(7) “Damage” means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which materially detracts from the appearance, or the edible or marketing quality of the filberts. The following specific defects shall be considered as damage:

(a) Stains which are dark and materially affect the appearance of the individual shell;

(b) Adhering husk when covering more than five percent of the surface of the shell in the aggregate;

(d) Discoloration when the appearance of the kernel is materially affected by black color.

(8) “Reasonably Well Developed” means that the kernel fills 1/2 or more of the capacity of the shell.

(9) “Badly Misshapen” means that the kernel is so malformed that the appearance is materially affected.

(10) “Rancidity” means that the kernel is noticeably rancid to the taste. An oily appearance of the flesh does not necessarily indicate a rancid condition.

(11) “Moldy” means that there is a visible growth of mold either on the outside or the inside of the kernel.

(12) “Insect Injury” means that the insect, frass, or web is present inside the nut, or the kernel shows definite evidence of insect feeding.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 929(14-70), f. 10-20-70, ef. 11-1-70

Or. Admin. R. 603-051-0288 Metric Conversion Table

Millimeters (mm) — Inches:

(1) 24.6 — 62/64.

(2) 23.4 — 59/64.

(3) 23.0 — 58/64.

(4) 22.2 — 56/64.

(5) 19.4 — 49/64.

(6) 19.0 — 48/64.

(7) 18.6 — 47/64.

(8) 17.9 — 45/64.

(9) 17.5 — 44/64.

(10) 16.7 — 42/64.

(11) 13.9 — 35/64.

(12) 13.5 — 34/64.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1065(11-75), f. 8-5-75, ef. 8-25-75
AD 929(14-70), f. 10-20-70, ef. 11-1-70

Or. Admin. R. 603-051-0305 Application of Standards

The grade of a lot of filbert kernels shall be determined on the basis of a composite sample drawn from containers in various locations in the lot. However, any container or group of containers in which the filberts are obviously of a quality, type, or size materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1101(22-76), f. & ef. 7-20-76
AD 741, f. & cert. ef. 7-2-63, Renumbered from 603-051-0386
AD 682, f. & cert. ef. 9-8-61

Or. Admin. R. 603-051-0310 Official Grades

The following grades are established for filberts (hazelnuts) in Oregon:

(1) Oregon Fancy, which consists of whole filbert kernels meeting the following requirements:

(a) Similar type, well dried and clean;

(b) Free from foreign material, mold, rancidity, decay and insect injury;

(d) Free from serious damage caused by serious shriveling, broken kernels or other means; and

(e) The size meets, and is declared as, those specified in connection with the grade, in accordance with one of the size classifications in Tables 3 or 4.

(2) Oregon No. 1, which consists of whole filbert kernels meeting the following requirements:

(a) Well dried and clean;

(b) Free from foreign material, mold, rancidity, decay and insect injury;

(d) Free from serious damage caused by serious shriveling, broken kernels or other means; and

(e) The size meets, and is declared as, those specified in connection with the grade, in accordance with one of the size classifications in Tables 3 or 4, or is declared in terms of minimum diameter or minimum and maximum diameters.

(3) Oregon No. 1 Whole and Broken, which consists of whole filbert kernels or portions of filbert kernels meeting the following requirements:

(a) Well dried and clean;

(b) Free from foreign material, mold, rancidity, decay or insect injury;

(d) Does not have to meet any size requirement.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 5-1981, f. & ef. 5-13-81
AD 16-1979, f. & cert. ef. 1-2-80
AD 1101(22-76), f. & cert. ef. 7-20-76
AD 1038(28-74), f. 8-20-74, cert. ef. 9-11-74, Renumbered from 603-051-0388
AD 682, f. & cert. ef. 9-8-61

Or. Admin. R. 603-051-0311 Size Classifications

The following size classifications are established for filberts (hazelnuts) in Oregon. (See Tables 3 and 4.)

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1101(22-76), f. & ef. 7-20-76
AD 1065(11-75), f. 8-5-75, ef. 8-25-75
AD 1038(28-74), f. 8-20-74, ef. 9-11-74
AD 993(7-73), f. 6-15-73, ef. 7-1-73

Or. Admin. R. 603-051-0315 Tolerances

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by weight, are permitted as specified:

(1) For Foreign Material: 0.02 of one percent, for foregoing material.

(2) For Mixed Types: In the Oregon Fancy grade, 10 percent for kernels which are of a different type.

(3) For Defects: In the Oregon Fancy and Oregon No. 1 grades, 10 percent for kernels which are below the requirements of these grades, provided that not more than 1/2 of this amount or five percent shall be allowed for serious damage caused by serious shriveling and broken kernels, including not more than one percent for moldy, rancidity, decay or insect injury.

(4) For Defects: In the Oregon No. 1 Whole and Broken grade, five percent for kernels or portions of kernels which are below the requirements of this grade, including not more than one percent for moldy, rancidity, decay or insect injury.

(5) For Offsize: 15 percent for kernels which fail to meet the requirements for the size classifications specified, but not more than 2/3 of this amount or 10 percent shall consist of undersize kernels.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 16-1979, f. & ef. 1-2-80
AD 1101(22-76), f. & cert. ef. 7-20-76
AD 1065(11-75), f. 8-5-75, cert. ef. 8-25-75
AD 1038(28-74), f. 8-20-74, cert. ef. 9-11-74
AD 993(7-73), f. 6-15-73, cert. ef. 7-1-73, Renumbered from 603-051-0390
AD 682, f. & cert. ef. 9-3-61

Or. Admin. R. 603-051-0320 Definitions

As used in OAR 603-051-0305 to 603-051-0325:

(1) “Similar Type” means that the kernels are of the same general type and appearance (i.e., kernels of the round type shall not be mixed with those of the long type). Color of the kernels shall not be considered since there is often a marked difference in skin color of kernels of similar type.

(2) “Well Dried” means that the kernels are firm and crisp, not containing more than six percent moisture.

(3) “Clean” means practically free from plainly visible adhering dirt or other foreign material.

(4) “Foreign Material” means any substance other than the filbert kernel, or portions of kernels. Loose skins, pellicles, or corky tissue which have become separated from the kernel shall not be considered as foreign material, provided that this material does not exceed .02 of one percent by weight.

(5) “Damage” means any specific defect described in this section, or an equally objectionable variation of any one of these defects, or any other defect or any combination of defects, which materially detracts from the appearance of the edible or marketing quality of the individual portion of the kernel or of the lot as a whole. The following defects shall be considered as damage:

(a) “Chafing or scraping” means that more than 1/8 of the surface is affected;

(b) “Shriveling” means the kernel is materially shrunken, wrinkled, and tough;

(d) “Internal flesh discoloration” means any black discoloration within the kernel. The natural brown stain which occurs within the internal cavity of some types of kernels shall not be considered damage.

(6) “Serious Damage” means any specific defects described in this section or an equally objectionable variation of any of these defects, or any other defect, or any combination of defects, which seriously detracts from the appearance or the edible marketing quality of the individual portion of kernel or of the lot as a whole. The following defects shall be considered as serious damage:

(a) “Serious shriveling” means that the kernel is seriously shrunken, wrinkled, and tough;

(b) “Broken kernels” means portions of kernels of which an estimated 1/4 or more of the original entire kernel has been broken off;

(d) “Rancidity” means that the kernel is noticeably rancid to the taste. An oily appearance of the flesh does not necessarily indicate a rancid condition;

(e) “Decay” means that any portion of the kernel is decomposed;

(f) “Insect injury” means that the insect, frass, or web is present, or the kernel or portion of kernel shows definite evidence of insect feeding.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 16-1979, f. & ef. 1-2-80
AD 1101(22-76), f. & cert. ef. 7-20-76
AD 1065(11-75), f. 8-5-75, cert. ef. 8-25-75
AD 1038(28-74), f. 8-20-74, cert. ef. 9-11-74, Renumbered from 603-051-0392
AD 682, f. & cert. ef. 9-8-61

Or. Admin. R. 603-051-0325 Labeling Requirements

The principal display panel of each filbert (hazelnut) container shall state:

(1) The name of the commodity, unless it can be easily identified through the wrapper or package;

(2) The name and business address of the grower, packer, shipper, distributor, or dealer, including the zip code;

(3) The grade and size of nuts in accordance with the standards set forth in OAR 603-051-0305 to 603-051-0320;

(4) The net weight; and

(5) The country of origin.

History

Statutory/Other Authority: ORS 561.190 & 632.460
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 16-1994, f. & cert. ef. 10-10-94
AD 1101(22-76), f. & ef. 7-20-76

Or. Admin. R. 603-051-0335 Official Standards

The United States Standards For American (Eastern Type) Bunch Grapes adopted by the United States Department of Agriculture effective July 19, 1943, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for American (Eastern type) bunch grapes. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 742, f. 7-2-63

Or. Admin. R. 603-051-0350 Official Standards

The United States Standards For Grades of Table Grapes (European or Vinifera Type) adopted by the United States Department of Agriculture effective May 20, 1971, are hereby adopted as the standards for table grapes in the State of Oregon.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1103(24-76), f. & ef. 8-25-76
AD 743, f. 7-2-63

Or. Admin. R. 603-051-0365 Definitions

As used in OAR 603-051-0366 through 603-051-0395, unless otherwise required by the context, the following terms will be construed, respectively, to mean:

(1) “Air bubble” means the small visible pockets of air in suspension that may be numerous in the honey and contribute to the lack of clarity in filtered style.

(2) “Bees” means honey-producing insects of the genus Apis and includes the adults, eggs, larvae, pupae or other immature stages thereof.

(3) “Comb” means the wax like cellular structure that bees use for retaining their brood or as storage for pollen and honey.

(4) “Crystallize” means the spontaneous solidification of the natural glucose content from solution as the monohydrate.

(5) “Floral source” means the flower from which the bees gather nectar to make honey.

(6) “Food” has the definition provided in ORS 616.205(8).

(7) “Food additive” has the definition provided in ORS 616.205(9).

(8) “Granulate” means the initial formation of crystals in honey.

(9) “Honey” means the natural sweet substance produced by bees resulting from the harvest of plant nectar or plant secretions that has been collected and transformed by the deposition, dehydration, and storage in comb to ripen and mature.

(10) “Pollen grain” means the granular, dust-like microspores that bees gather from flowers. Pollen grains in suspension contribute to the lack of clarity in filtered style.

History

Statutory/Other Authority: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Statutes/Other Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
DOA 4-2012, f. & cert. ef. 2-9-12
AD 152, f. 11-12-43, ef. 1-29-44

Or. Admin. R. 603-051-0366 Standard of Identity for Honey

Honey will meet the following standards:

(1) Honey may not be heated or processed to such an extent that its essential composition is changed or its quality is impaired.

(2) Chemical or biochemical treatments may not be used to influence honey crystallizations.

(3) Honey may not contain more than 21 percent moisture content.

(a) Water may not be added to honey in the course of extraction or packing for sale or resale as honey.

(b) Heather honey may contain up to 23 percent moisture content.

(4) Honey may not be less than 60g/100g fructose and glucose, combined; the ratio of fructose to glucose will be greater than 0.9.

(5) Honey will not exceed five (5) percent sucrose except for honey from the nectar of the plants:

(a) alfalfa (Medicago sativa); citrus spp; false acacia (Robinia pseudoacacia); french honeysuckle (Hedysarum); menzies banksias (Banksia menziesii); red gum (Eucalyptus camaldulensis); leatherwood (Eucalyptus lucida); and eucryphia milligani which may contain up to 10 percent sucrose; or

(b) lavender (Lavandula spp) and borage (Borago officinalis) which may contain up to 15 percent sucrose.

(6) Honey may not contain food additives.

(7) Extracted honey may not contain more than .05g/1000g water insoluble solids.

History

Statutory/Other Authority: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Statutes/Other Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
DOA 4-2012, f. & cert. ef. 2-9-12

Or. Admin. R. 603-051-0370 Types and Styles of Honey

(1) “Extracted honey” is honey that has been separated from the comb by centrifugal force, gravity, straining, or other means, and is identified in the following types:

(a) “Liquid honey” is honey free from visible crystals;

(b) “Crystallized honey” is honey that is solidly granulated or crystallized, irrespective of whether candied, fondant, creamed or spread types of crystallized honey;

(2) Extracted honey styles are:

(a) “Filtered” honey is honey of any type defined in these standards having been filtered to the extent that most of the fine particles, pollen grains, air bubbles, or other materials normally found in suspension, have been removed;

(A) Honey will not be filtered to the extent that the filtration removes unnatural chemicals or elemental contaminants.

(b) “Strained” honey is honey of any type defined in these standards having been strained to the extent that most of the particles, including comb, propolis, or other defects normally found in honey, have been removed. Pollen grains, small air bubbles, and very fine particles would not normally be removed.

(3) “Comb honey” is the type of honey stored by bees in the cells of freshly built broodless combs and is sold in sealed whole combs or sections of such combs.

(4) “Chunk honey” is the type of honey whereby comb honey is surrounded by extracted honey.

History

Statutory/Other Authority: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Statutes/Other Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
DOA 4-2012, f. & cert. ef. 2-9-12
AD 152, f. 11-12-43, ef. 1-29-44

Or. Admin. R. 603-051-0375 Grades

The United States Standards for Grades of Extracted Honey adopted by the Agriculture Marketing Service, United States Department of Agriculture effective May 23, 1985 are hereby adopted as the standards for the State of Oregon for extracted honey grades. A copy of such federal standards is filed herewith and by this reference made a part hereof.

History

Statutory/Other Authority: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Statutes/Other Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
DOA 4-2012, f. & cert. ef. 2-9-12
AD 152, f. 11-12-43, ef. 1-29-44

Or. Admin. R. 603-051-0390 Color

The United States Standards for Grades of Extracted Honey adopted by the United States Department of Agriculture effective May 23, 1985 are hereby adopted as the standards for the State of Oregon for extracted honey color. A copy of such federal standards is filed herewith and by this reference made a part hereof.

History

Statutory/Other Authority: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Statutes/Other Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
DOA 4-2012, f. & cert. ef. 2-9-12
AD 152, f. 11-12-43, ef. 1-29-44

Or. Admin. R. 603-051-0395 Labeling Requirements

(1) The name of the food meeting the standard of identity in OAR 603-051-0366 is “honey”.

(2) Honey in a liquid or crystalline state or a mixture of the two will be labeled as “honey”.

(3) Comb honey will be labeled as “comb honey” or “cut comb honey”.

(4) Chunk honey may be labeled as “cut comb in honey”, “honey with comb” or “chunk honey”.

(5) Food containing honey and any flavoring, spice or other ingredient or if honey is processed in such a way that a modification to honey occurs that materially changes the flavor, color, viscosity or other material characteristic of honey, then such foods will be distinguished in the food name from honey by declaration of the food additive modification.

(6) Honey may be designated according to floral source if the honey comes predominantly from that particular source and has the organoleptic, physiochemical and microscopic properties corresponding with that origin. Honey designated according to the honey’s floral source in section (6) will have the common name or the botanical name of the floral source in close proximity or conjoined to the word “honey”.

(7) All labels, containers and food associated with the containers will meet the requirements of ORS 616.205 to 616.385.

History

Statutory/Other Authority: ORS 616 & HB 2947 enrolled
Statutes/Other Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
DOA 4-2012, f. & cert. ef. 2-9-12
AD 152, f. 11-12-43, ef. 1-29-44

Or. Admin. R. 603-051-0410 Official Standards; Lettuce

The United States Standards For Grades of Lettuce adopted by the United States Department of Agriculture effective December 1, 1975, are hereby adopted as the standards for lettuce in the State of Oregon.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1103(24-76), f. & ef. 8-25-76
AD 744, f. 7-2-63

Or. Admin. R. 603-051-0425 Definitions of Terms

As used in OAR 603-051-0430 through 603-051-0445:

(1) “Single Crown” means a bulb that shows evidence of producing only one bloom stalk.

(2) “One Variety” means bulbs such as the Croft, Ace, Estate, etc. (the Kenyon-Davidson lily may be packed, and labeled Kenyon-Davidson though it may be more than one strain).

(3) “Mature” means that the bulb shall have reached a stage of maturity in months or years, according to variety, that will tend to produce under good greenhouse practices three or more blooms.

(4) “Fairly Firm” means that the bulbs shall be sufficiently cured at the time of shipment so that there shall be no appreciable loss in weight or shrinking in size during a reasonable length of time after grading, but shall not be so shrunken as to be flabby.

(5) “Damage” means any defect or condition that will affect the forcing qualities of the bulb or detract materially from the appearance of the pack.

(6) “Basal Plate” means the fleshy, circular plate at the base of the bulb from which roots develop.

(7) “Free from Sprouting” means that the bulbs shall not show appreciable evidence of top growth or new root development.

(8) “Damage by Disease” means that the bulbs shall not show evidence of injurious fungus or other plant diseases.

(9) “Slight Blemishes” means slight bruises and/or a very few broken scales. (Corky Tip shall not be considered as blemishes except where it materially affects the appearance of the pack.)

(10) “Circumference” means the measurement around the bulb in inches at the greatest diameter taken at right angles to the straight line from the top to the base of the bulb.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 216-1945, f. 8-30-45, ef. 8-28-45

Or. Admin. R. 603-051-0430 Grades

(1) Oregon No. 1 shall consist of single crown bulbs of one variety which are mature, well shaped, fairly firm, with sound basal plates with well developed root systems and free from damage caused by sprouting, sun scald, freezing, heating, dirt, foreign material, diseases, insects, rodents, mechanical, or other means, except that slight blemishes shall be permitted in this grade.

(2) Oregon No. 1 Double Crown shall consist of bulbs that show evidence of producing two or more bloom stocks. Such bulbs shall meet all other requirements of Oregon Grade No. 1.

(3) Unclassified shall consist of bulbs of one variety that do not meet the requirements of the number one grade except they shall be free from injurious insect pests and plant diseases.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 216-1945, f. 8-30-45, ef. 8-28-45

Or. Admin. R. 603-051-0435 Tolerance: Sizes

(1) In order to allow for variations incident to proper grading and handling, not more than 10 percent of the bulbs, by count, of any lot may be below the requirements of the grade. Slight imperfections which are not discernible in good commercial sorting practice shall not be considered defects of grade.

(2)(a) Unless otherwise specified, the size stated by inches in circumference shall be as follows:

(A) 6–7, 8–9, 9–10, etc.; or

(B) 6–8, 7–9, 8–10, etc.

(b) The above sizes shall be determined as follows: A bulb that will caliper between six and seven inches in circumference is a 6–7, a bulb that will caliper between seven and eight inches is a 7–8, etc. A bulb that will caliper between 6–8 inches in circumference is a 6–8, a bulb that will caliper between 7–9 is a 7–9, etc. Bulbs that are not of a circular shape shall be so measured that the size in circumference will be comparable to that if the bulb was round.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 216-1945, f. 8-30-45, ef. 8-28-45

Or. Admin. R. 603-051-0440 Oregon Box Packs

(1) All bulbs packed under these regulations shall be packed in clean, fairly bright boxes, in accordance to approved methods. The boxes shall be well nailed with cleats at ends. There shall be a layer of granulated peat or other suitable packing material on the top and bottom of the pack and also between each layer. All boxes shall be tightly packed at the time of packing, but contents shall not show unnecessary bruising because of over-filled package.

(2) Packed bulbs in any one box shall not have more than 10 percent below the minimum size marked on the box. The number of bulbs in any individual box shall not vary more than two percent below the number marked on the box and not more than one percent in lots of 10 boxes or more.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 216-1945, f. 8-30-45, ef. 8-28-45

Or. Admin. R. 603-051-0445 Marking

All packages of bulbs shall be marked on one end in a legible manner with letters and figures not less than 3/8 inch in height and not less than 3/16 inch in width with the following information: Number of bulbs in the box, variety, size, and name and address of the grower, shipper, or dealer as the case may be. If the required markings do not appear on the label they shall appear on the label end of the box, or if no label is used, on the end of the box as illustrated below:

Oregon No. 1 — 100 Croft 7-8

LABEL Grower or Shipper

History

Statutory/Other Authority: ORS 616
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 216-1945, f. 8-30-45, ef. 8-28-45

Or. Admin. R. 603-051-0460 Grades

(1)(a) Oregon No. 1 shall consist of loganberries which are clean, fresh, firm, well colored, well developed, and not overripe, which are free from hulls, mold, and decay, and from damage caused by dirt or other foreign matter, shriveling, sunscald, moisture, disease, insects, mechanical, or other means;

(b) In order to allow for variations incident to proper grading and handling, not more than 10 percent, by count, of the berries in any lot may be below the requirements of this grade, but not to exceed 1/2 of this tolerance or five percent, shall be allowed for defects causing serious damage. No appreciable tolerance shall be allowed for mold or decay.

(2) Oregon No. 2 shall consist of loganberries which are not graded in conformity with the foregoing grade and which do not contain more than 10 percent, by count, of berries that have been seriously damaged from any cause.

(3) Unclassified shall consist of loganberries which fail to meet the requirements of any of the foregoing grades.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 108-1942, f. 4-7-42, ef. 5-4-42

Or. Admin. R. 603-051-0465 Size

Unless otherwise specified, No. 1 berries shall be not less than 3/4 inch in length.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 108-1942, f. 4-7-42, ef. 5-4-42

Or. Admin. R. 603-051-0470 Definitions of Terms

As used in OAR 603-051-0460 through 603-051-0470:

(1) “Clean” means reasonably free from leaves, stems, dirt, and other foreign matter.

(2) “Well Colored” means that the whole surface of the berry shall be a good red color.

(3) “Well Developed” means that the berries shall not be misshapen owing to anthracnose injury, frost injury, lack of pollination, insect injury, or other causes.

(4) “Overripe” means dead ripe or soft, becoming very dark in color necessitating immediate consumption.

(5) “Underripe” means partly colored or of a very light red color.

(6) “Damage” means any injury from the causes mentioned which materially affects the appearance, edible, or shipping quality.

(7) “Seriously Damaged” means berries which are badly deformed, crushed, leaky, or otherwise seriously injured. Berries which have less than 1/2 of the surface covered with a good red color shall be considered as seriously damaged.

(8) “Appreciable Tolerance” means less than one percent.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 108-1942, f. 4-7-42, ef. 5-4-42

Or. Admin. R. 603-051-0483 Definitions

For the purposes specified in ORS 632.206–632.260, “lot” means a continuous identifiable amount of fresh packed onions that does not exceed one day’s run.

History

Statutory/Other Authority: ORS 632.905 & 632.211
Statutes/Other Implemented: ORS 632.900 - 632.980 & 632.206 - 632.260
DOA 8-2001, f. & cert. ef. 5-4-01

Or. Admin. R. 603-051-0485 Official Standards

The following standards hereby are adopted as the Standards of the State of Oregon for Onions: United States Standards For Grades of Onions Other Than Bermuda, Granex, Grano, and Creole Types adopted by the United States Department of Agriculture on October 18, 1966, which went into effect on December 15, 1966. Such federal standards are contained in Sections 51.2830 to 51.2854 of 31 Federal Register 13637 et seq. A copy of such regulations is filed herewith and by this reference made a part hereof.

NOTE: Refer to ORS 632.206 - 632.260 and 632.990 for requirements as to inspection and labeling.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 833A(4-67), f. & ef. 4-4-67
AD 832(4-67), f. 3-3-67, ef. 4-1-67
AD 746-1963, f. 7-2-63

Or. Admin. R. 603-051-0487 Oregon Percentage Grade

In order to allow shippers to pack a percentage of US NO. 1 Grade product for market, the “Oregon Percentage Grade” is adopted. The “Oregon Percentage Grade” shall include a percentage of US No. 1 Grade product. (7 CFR Section 51.2830).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 632.905 & 632.211
Statutes/Other Implemented: ORS 632.900 - 632.980 & 632.206 - 632.260
DOA 8-2001, f. & cert. ef. 5-4-01

Or. Admin. R. 603-051-0490 Oregon Extra Fancy Export Grade

In order to allow shippers to pack a higher quality for export, the “Oregon Extra Fancy Export” grade is adopted. This grade consists of onions which meet all of the requirements of the U.S. No. 1 Grade (7 CFR Section 51.2830) except that the onions shall meet the following additional requirements:

(1) Color: fairly bright;

(2) Size:

(a) Boiler: 1 inch to 2 inches;

(b) Prepack: 2 inch minimum;

(d) Jumbo: 3 inch minimum.

(3) Tolerance for size. 2 percent undersize, 10 percent oversize;

(4) Tolerances for grade. Lot limit 3 percent total defects including 1 percent decay; no averaging above 5 percent total, including 2 percent decay on any one sample;

(5) Special lot tolerances:

(a) Sunburn or greening. Lot tolerance 10 percent; score when more than 10 percent of onions in a lot have a medium green color on one-quarter of the surface;

(b) Peeling. Lot tolerance 10 percent; score when more than one-quarter of thin papery skin is missing, leaving the underlying fleshy scale unprotected.

NOTE: Refer to ORS 632.206 - 632.260 and 632.990 for requirements as to inspection and labeling.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 632.905
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 16-1997, f. & cert. ef. 10-8-97

Or. Admin. R. 603-051-0500 Official Standards

The United States Standards for Onion Sets adopted by the United States Department of Agriculture effective February 1, 1940, and in effect on January 1, 1963, hereby are adopted as standards for the State of Oregon for onion sets. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 747-1963, f. 7-2-63

Or. Admin. R. 603-051-0515 Official Standards; Parsnips

The United States Standards for Grades of Fresh Parsnips adopted by the United States Department of Agriculture effective March 23, 1954, are hereby adopted as the standards for fresh parsnips in the State of Oregon.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1103(24-76), f. & ef. 8-25-76
AD 748-1963, f. 7-2-63

Or. Admin. R. 603-051-0530 Official Standards

The United States Standards for Peaches adopted by the United States Department of Agriculture effective June 15, 1952, and in effect January 1, 1963, hereby are adopted as the standards of the State of Oregon for peaches. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 749-1963, f. 7-2-63

Or. Admin. R. 603-051-0545 Official Standards

The following standards hereby are adopted as the standards of the State of Oregon for summer and fall pears:

(1) The United States Standards for Summer and Fall Pears, adopted by the United States Department of Agriculture effective August 20, 1955, and in effect on January 1, 1963. Such federal standards are contained in Title 7, Chapter 1, Part 51 of Code of Federal Regulations in Sections 51.1260 to 51.1280, a copy of which is filed herewith and by this reference made a part hereof.

(2) Oregon Extra Fancy. This grade consists of summer and fall pears which meet all the requirements of U.S. No. 1 grade (7 CFR Sec. 51.1261).

(3) Oregon Fancy. This grade consists of summer and fall pears which meet all the requirements of U.S. No. 2 grade (7 CFR Sec. 51.1263).

(4) Oregon Combination. This grade consists of a combination of Oregon Extra Fancy and Oregon Fancy grades for summer and fall pears which meet all the requirements of U.S. Combination grade (7 CFR Sec. 51.1262).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 750-1963, f. 7-2-63

Or. Admin. R. 603-051-0560 Official Standards

The following standards hereby are adopted as the standards of the State of Oregon for winter pears:

(1) The United States Standards for Winter Pears, adopted by the United States Department of Agriculture effective September 10, 1955, and in effect on January 1, 1963. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.1300 to 51.1323, a copy of which is filed herewith and by this reference made a part hereof.

(2) Oregon Extra Fancy. This grade consists of winter pears which meet all the requirements of U.S. Extra No. 1 grade (7 CFR Sec. 51.1301).

(3) Oregon Fancy. This grade consists of winter pears which meet all requirements of U.S. No. 2 grade (7 CFR Sec. 51.1304).

(4) Oregon Commercial. This grade consists of winter pears which meet all the requirements of U.S. Combination grade (7 CFR Sec. 1303), except that broken skins and skin punctures not to exceed three-sixteenths of an inch in diameter shall not be considered a defect for this grade.

(5) Oregon Unclassified. This grade consists of winter pears of one variety which are hand picked, mature, clean, sound, free from codling moth injury, and scale; hard end, if the pear shows a distinctly constricted protrusion at the blossom end; except that scab spots affecting an aggregate area of not more than one inch width no one spot of more than 3/4 of an inch in diameter shall be permitted. The pear shall peel one good half, shall be free from punctures and broken skin, except those meeting the requirements of Oregon Extra Fancy and Oregon Fancy grades may have punctures or custs not to exceed 1/4 of an inch in diameter. U.S. Standards Sections 51.1306 to 51.1323, (7 CFR) are applicable to this grade.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 751-1963, f. 7-2-63

Or. Admin. R. 603-051-0575 Official Standards

The United States Standards for Fresh Peas adopted by the United States Department of Agriculture effective June 1, 1942, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for fresh peas. A copy of such federal regulations is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 752-1963, f. 7-2-63

Or. Admin. R. 603-051-0590 Official Standards

The United States Standards for Fresh Plums and Prunes adopted by the United State Department of Agriculture as of the date of this regulation and including last amendment effective July 1, 1969, hereby are adopted as the standards of the State of Oregon for fresh plums and prunes. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.1520 to 51.1537, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 903(9-69), f. 8-11-69, ef. 8-15-69
AD 880(11-68), f. & ef. 6-11-68
AD 753-1963, f. 7-2-63

Or. Admin. R. 603-051-0605 Grades

(1) Oregon No. 1 shall consist of plums or prunes of one variety which are well formed, mature, but not soft or shriveled, and which are free from decay and sunscald, and from damage caused by cracks, heat injury or internal browning, growth cracks, sunburn, split pits, russeting, scars, drouth spots, or gum pockets, dirt or other foreign materials, disease, insects, mechanical, or other factors which affect the quality of the processed fruit. Plums or prunes unless otherwise specified shall be not less than 1-3/16 inches in diameter.

(2) Oregon No. 2 shall consist of plums or prunes of one variety which meet the requirements of Oregon No. 1 grade, except for size. The minimum diameter shall be not less than 1-1/8 inches.

History

Statutory/Other Authority: ORS 616
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 348-1948, f. 6-4-48, ef. 6-18-48

Or. Admin. R. 603-051-0610 Definitions

As used in OAR 603-051-0605:

(1) “Well-Formed” means that the fruit has the shape characteristics of the variety; doubles shall not be considered well-formed.

(2) “Mature” means that the fruit has reached the stage of maturity at which the flesh has a distinct amber color. Light green color of the flesh at the stem end shall not be scored when extending not in excess of 1/4 inch from the stem basin towards the pit of the fruit.

(3) “Soft” means overripe, or the flesh has reached the stage where it has become mushy, or the skin badly wrinkled. Slight shriveling at stem end shall not be considered as damage.

(4) “Sunscald” means injury by the sun in which softening or collapse of the flesh of the fruit is apparent.

(5) “Damage” means any injury or defect which materially affects the appearance or edible quality of the fruit. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(a) Broken skins which are unhealed and more than 1/8 inch in diameter or depth; except those caused by pulled stems where the skin is not torn beyond the stem basin. (Healed skin breaks shall be handled as scars.);

(b) Heat injury or internal browning, which is extensive and shows dark discoloration of the flesh;

(d) Sunburn which has materially changed the normal color of the fruit, or has caused the skin to blister or crack;

(e) Split pit which affects the fruit to an extent that the shape is not well formed;

(f) Russeting which is not rough, when aggregating more than 10 percent of the fruit surface; or excessively rough russeting or scars when aggregating more than 3/16 inch in diameter;

(g) Fresh plums or prunes should be considered defective when the presence of gum formations is identified with surface scars, drought spots, or gum pockets;

(h) Dirt or other foreign materials which cannot be readily removed by normal washing in preparation for processing.

(6) “Diameter of the Fruit” means the shortest distance measured through the center of the fruit at right angles to a line running from the stem to the blossom end.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 348-1948, f. 6-4-48, ef. 6-18-48

Or. Admin. R. 603-051-0615 Oregon Grade

Oregon No. 1 grade shall consist of prunes of one variety which are well formed, mature, but not overripe, soft, or shriveled, and which are free from decay and sunscald, and from damage caused by broken skins, heat injury, growth cracks, sunburn, split pits, hail marks, drought spots, russeting, scars, dirt or other foreign material, disease, insects, or mechanical or other means. Italian type prunes shall have 2/3 of the surface with purplish color, and unless otherwise specified, the minimum size of such prunes shall be not less than 1-1/4 inches in diameter.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 976(9-72), f. 8-24-72, ef. 9-15-72
AD 880(11-68), f. 6-11-68, ef. 6-11-68
AD 797(4-65), f. 6-7-65, ef. 7-1-65

Or. Admin. R. 603-051-0616 Tolerances

In order to allow for variations incident to proper grading and handling, the following tolerances are specified:

(1) At Shipping Point: Not more than a total of 10 percent, by count, of the prunes in any container may not meet the requirements of this grade for defects other than color and size, but not more than five percent by count, may be allowed for defects causing serious damage and not more than one percent may be allowed for decay. In addition, not more than 10 percent, by count, in any container may not meet the color requirements and not more than 10 percent, by count, may not meet the size specifications, but the combined tolerance for all defects shall not exceed 15 percent.

(2) At Destination or Enroute: Not more than a total of 18 percent of the prunes in any container may not meet the requirements of this grade and not more than the following percentages shall be allowed for the defects listed:

(a) Twelve percent for permanent defects including therein not more than 10 percent which fail to meet the color requirement, 10 percent which fail to meet the minimum diameter requirement, and 10 percent which fail to meet the requirements of the grade because of other permanent defects;

(b) Six percent for defects causing serious damage, including therein not more than four percent for serious damage by permanent defects and not more than two percent for decay.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 20-1977, f. & ef. 10-5-77
AD 976(9-72), f. 8-24-72, ef. 9-15-72
AD 797(4-65), f. 6-7-65, ef. 7-1-65

Or. Admin. R. 603-051-0617 Application of Tolerances

The contents of individual containers in the lot, based on sample inspection, are subject to the following limitations, provided the averages for the entire lot are within the tolerances specified:

(1) When a tolerance is 10 percent or more, individual containers in any lot shall have not more than 1-1/2 times the tolerance specified, except that at least one defective and one undersized fruit may be permitted in a container.

(2) When a tolerance is less than 10 percent, individual containers in any lot shall have not more than double the tolerance specified, except that at least one defective and one undersized fruit may be permitted in a container.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 976(9-72), f. 8-24-72, ef. 9-15-72
AD 797(4-65), f. 6-7-65, ef. 7-1-65

Or. Admin. R. 603-051-0618 Standard Pack

(1) The prunes shall be of fairly uniform size and tightly packed according to the approved and recognized methods. The fruits in the top layer shall not be noticeably superior in quality or size to those in the remainder of the package.

(2) The size of prunes packed in 4-basket crates shall be indicated as follows: 4 x 4, 4 x 5, 5 x 5, etc., in accordance with the arrangement in the top layer of the basket. These packs shall not be more than three layers deep. Arrangements such as 4-3 x 5 and 5-4 x 5 shall not be considered standard packs.

(3) The arrangement of the bottom layer shall be one row less one way, and may be one row less each way than the arrangement of the top layer. The arrangement of the middle layer may be the same as the top layer, or may be one row less one way than the arrangement of the top layer. Straight, offset, and diagonal packs in the layers are permitted. For example: A pack with 5 x 5 in the top layer may have 5 x 5 in the middle layer, and shall have 4 x 5 or 4-3 x 5 in the bottom layer; or it may have 4 x 5 or 4-3 x 5 in the middle layer, and shall have 4 x 5, 4-3 x 5, or 4 x 4 in the bottom layer.

(4) In layer-packed California peach or lug boxes, the count in the entire container shall be marked on the package.

(5) In double-faced and filled special lugs the number of rows, lengthwise of the lugs, shall be marked on the package to indicate size, as “nine row.”

(6) In order to allow for variations incident to proper packing, not more than 10 percent, by count, of the containers in any lot may fail to meet the requirements of the standard pack.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 976(9-72), f. 8-24-72, ef. 9-15-72
AD 797(4-65), f. 6-7-65, ef. 7-1-65

Or. Admin. R. 603-051-0619 Definitions of Terms

As used in these standards:

(1) “Well-Formed” means that the fruit has the shape characteristic of the variety. Doubles shall not be considered well-formed.

(2) “Mature” means that the fruit has reached the stage of maturity which will insure a proper completion of the ripening process.

(3) “Sunscald” means injury caused by the sun in which softening or collapse of the flesh is apparent.

(4) “Damage” means any injury or defect which materially affects the appearance, or edible or shipping quality of the fruit. Internal growth cracks, cavities, or gum spots are not considered damage. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(a) Broken skins which are unhealed; except those caused by pull stems where the skin is not torn beyond the stem basin. (Healed skin breaks shall be handled as scars.);

(b) Heat injury which is extensive or not light in color;

(c) External growth cracks, when there are more than one on a fruit, or when any growth crack is deep, not well healed, or more than 1/4 inch in length;

(d) Sunburn which has materially changed the normal color of the fruit, or has caused the skin to blister or crack;

(e) Split pit which causes a readily apparent crack at the stem end, or which affects the shape to the extent that the fruit is not well-formed;

(f) Hail marks, or other similar depressions or scars, which are not shallow or superficial, or which aggregate more than 3/8 inch in diameter, or when the skin has been broken;

(g) Drought spots or external gum spots which are more than 1/4 of an inch in diameter;

(h) Russeting which is not excessively rough, when aggregating more than 10 percent of the fruit surface; or excessively rough russeting when aggregating more than 1/4 inch in diameter;

(i) Scars. Dark, rough depressed scars which aggregate more than 1/4 inch in diameter:

(A) Fairly smooth, superficial scars, including fairly light discoloration such as is caused by handling or packing or by prunes rubbing against each other while on the tree, which aggregate more than 1/2 inch in diameter;

(B) Thorn and limb scratches which are not well healed, or which aggregate more than 1/2 inch in length.

(5) “Well Colored” as applied to Italian type prunes, means that 95 percent of the surface of the prune is purple color, excepting that portion which is permitted to be affected by russeting.

(6) “Fairly Well Colored” as applied to Italian type prunes, means that at least 3/4 of the surface of the prune is purple color.

(7) “Diameter” means the greatest distance measured through the center of the fruit, at right angles to a line running from the stem to the blossom end.

(8) “Badly Misshapen” means that the fruit is so malformed or rough that its appearance is seriously damaged. Doubles shall be considered badly misshapen, except that doubles of Italian type prunes which have approximately equal sized halves shall not be considered badly misshapen.

(9) “Serious Damage” means any injury or defect which seriously affects the appearance, edible, or shipping quality of the fruit. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as serious damage:

(a) Broken skins which are unhealed and more than 1/8 inch in diameter or depth, except those caused by pulled stems where the skin is not torn beyond the stem basin. (Healed skin breaks shall be handled as scars.);

(b) Heat injury which causes any softening or dark discoloration of the flesh. Heat injury may cause internal or external discoloration, and may or may not be serious. It should not be confused with sunscald which causes softening or collapse of the tissue, and which is always classed as serious damage;

(c) External growth cracks which are not well healed, or which are more than 3/16 inch in depth, or more than 1/2 inch in length;

(d) Sunburn which causes decided flattening of the fruit, or causes blistering, cracking, or noticeable brownish discoloration of the skin;

(e) Split pit which causes a crack at the stem end more than 3/16 inch in length, including any part which may be covered by the stem; or which affects the shape to the extent that the fruit is badly misshapen;

(f) Hail marks which are more than 3/16 inch in depth, or which aggregate more than 1/2 inch in diameter;

(g) Drought spots or external gum spots which aggregate more than 1/2 inch in diameter;

(h) Russeting which is not excessively rough, when aggregating more than 1/3 of the fruit surface; or excessively rough russeting when aggregating more than 1/2 inch in diameter.

(i) Scars which are very dark or excessively rough and aggregate more than 1/2 inch in diameter; or which are more than 3/16 inch in depth.

(10) “Fairly Uniform Size” means that the fruits in each packed container shall not show a variation of more than 1/4 of an inch in diameter.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 976(9-72), f. 8-24-72, ef. 9-15-72
AD 797(4-65), f. 6-7-65, ef. 7-1-65

Or. Admin. R. 603-051-0626 Official Standards

The United States Standards for Grades of Potatoes adopted by the United States Department of Agriculture effective September 1, 1971, are hereby adopted as the official standards for the State of Oregon. A copy of the standards is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 941(9-71), f. 8-19-71, ef. 9-1-71

Or. Admin. R. 603-051-0665 Official Standards

The United States Standards for Raspberries adopted by the United States Department of Agriculture effective May 29, 1931, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for raspberries. A copy of the federal standards is filed herewith and by this reference made a part hereof.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 754, f. 7-2-63

Or. Admin. R. 603-051-0680 Official Standards

The United States Standards for Spinach Plants adopted by the United States Department of Agriculture effective November 19, 1956, and in effect on January 1, 1963, are hereby adopted as the standards for the State of Oregon for spinach plants. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2880 to 51.2890, a copy of which is filed herewith and by this reference made a part hereof.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 755, f. 7-2-63

Or. Admin. R. 603-051-0695 Official Standards

The United States Standards for Fall and Winter Type Squash adopted by the United States Department of Agriculture effective November 15, 1944, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for fall and winter type squash. A copy of such federal standards is filed herewith and by this reference made a part hereof.

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 756, f. 7-2-63

Or. Admin. R. 603-051-0710 Official Standards

The United States Standards For Strawberries adopted by the United States Department of Agriculture effective as of the date of this regulation and including U.S.D.A. amendment effective July 1, 1965, hereby are adopted as the standards of the State of Oregon for strawberries. A copy of such federal standards is attached herewith, identified as Exhibit “C,” and by this reference made a part hereof.

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 880(11-68), f. & ef. 6-11-68
AD 757, f. 7-2-63

Or. Admin. R. 603-051-0725 Official Standards; Fresh Tomatoes

The United States Standards for Grades of Fresh Tomatoes adopted by the United States Department of Agriculture effective December 1, 1973, as amended February 1, 1975, and April 15, 1976, are hereby adopted as the standards for fresh tomatoes in the State of Oregon.

History

Statutory/Other Authority: ORS 561 & 632
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 1103(24-76), f. & ef. 8-25-76
AD 758, f. 7-2-63

Or. Admin. R. 603-051-0740 Official Standards

The following standards hereby are adopted as the standards of the State of Oregon for walnuts in shell:

(1) The United States Standards for Grades of Walnuts (juglans regia) in the Shell, adopted by the United States Department of Agriculture in effect on July 1, 1969. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2945 to 51.2966, a copy of which is filed herewith and by this reference made a part hereof.

(2) Oregon No. 1. This grade consists of walnuts in shell which meet all the requirements of U.S. No. 1 grade (7 CFR 51.2945).

(3) Oregon No. 2. This grade consists of walnuts in shell which meet all the requirements of U.S. No. 2 grade (7 CFR 51.2949).

(4) Oregon No. 3. This grade consists of walnuts in shell which meet all the requirements of U.S. No. 3 grade (7 CFR 51.2950).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 903(9-69), f. 8-11-69, ef. 8-15-69
AD 759, f. 7-2-63

Or. Admin. R. 603-051-0755 Official Standards

The United States Standards for Shelled Walnuts (juglans regia) adopted by the United States Department of Agriculture in effect on July 1, 1969, hereby are adopted as the standards of the State of Oregon for shelled walnuts. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2275 to 51.2296, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 903(9-69), f. 8-11-69, ef. 8-15-69
AD 760, f. 7-2-63

Or. Admin. R. 603-051-0770 Official Standards

The United States Standards for Watermelons adopted by the United States Department of Agriculture effective March 22, 1954, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for watermelons. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.1970 to 51.1981, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 632.900 - 632.980
Statutes/Other Implemented: ORS 632.900 - 632.980
AD 761, f. 7-2-63

Or. Admin. R. 603-051-0775 Definitions

(1) “Federal Act” means the United States Standards for Grades of Olive Oil and Olive Pomace-Oil adopted by the Agricultural Marketing Service, United States Department of Agriculture effective October 25, 2010.

(2) “Imitation olive oil” means the mixture of any edible oil artificially colored or flavored that resembles olive oil.

(3) “Olive oil” used in this section includes the description of the food item and a type of the food item. When referring to the type of olive oil, a capital letter “T” in parentheses will follow the term “olive oil”; eg: olive oil (T).

(4) “Olive pomace” means the product remaining after the initial mechanical extraction of olive oil from olive tree fruits.

History

Statutory/Other Authority: ORS 561.190, 616.230 & 616.761
Statutes/Other Implemented: ORS 616.761
DOA 3-2012, f. & cert. ef. 2-1-12

Or. Admin. R. 603-051-0777 Standards of Identity

(1) The standard of identity for olive oil products are:

(a) “Olive oil” is the oil obtained solely from the fruit of the olive tree (Olea europaea L.), to the exclusion of oils obtained using solvents or re-esterification processes and of any mixture with oils of other kinds and will meet the minimum requirements of Table I in the federal Act.

(A) Types of olive oil are:

(i) Olive oil (T);

(ii) Refined Olive Oil.

(b) “Virgin olive oils” are the oils obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions, including thermal conditions, that do not lead to alterations in the oil, and which have not undergone any treatment other than washing, decantation, centrifugation, and filtration and will meet the minimum requirements of Table I in the federal Act. No additives of any kind are permitted.

(A) Types of virgin olive oil are:

(i) Extra virgin olive oil;

(ii) Virgin olive oil;

(iii) Lampante virgin olive oil. Lampante virgin olive oil may also be called “Virgin olive oil not fit for human consumption without further processing”.

(c) “Olive-pomace oil” is the oil obtained by treating olive pomace with solvents or other physical treatments, to the exclusion of oils obtained by synthetic processes and mixture with oils of other kinds and will meet the minimum requirements of Table I in the federal Act. Alpha-tocopherol is permitted to restore natural tocopherol lost in the refining process for refined olive pomace and olive-pomace oil. Maximum level: 200 mg/kg of total alpha-tocopherol is permitted in the final product.

(A) Types of olive-pomace oil are:

(i) Olive-pomace oil;

(ii) Refined olive-pomace oil;

(iii) Crude olive-pomace oil.

(2) For purposes of this section, “ordinary virgin oil” in ORS 616.761 has the same meaning as “lampante virgin olive oil” as defined in the federal Act.

(3) A person may not prepare, mix, blend, or express olive pomace or meats with any bland fixed oil other than olive oil.

(4) A person may not use artificial coloring or flavoring in the manufacture or blending of olive oil or olive-pomace oil.

(5) “Flavored olive oil” is olive oil meeting the standard of identity in section (1) and grade defined in the federal Act that has been mixed with a flavoring or olives that are processed into oil with any fruit, vegetable, nut, seed, or spice and the product resulting from either process contains not less than 90 percent olive oil meeting the standard of identity in section (1) and grade defined the federal Act.

History

Statutory/Other Authority: ORS 561.190, 616.230 & 616.761
Statutes/Other Implemented: ORS 616.761
DOA 3-2012, f. & cert. ef. 2-1-12

Or. Admin. R. 603-051-0779 Grades of Olive Oil; Adoption of Federal Regulations

The United States Standards for Grades of Olive Oil and Olive Pomace-Oil adopted by the Agricultural Marketing Service, United States Department of Agriculture effective October 25, 2010 are hereby adopted as the standards for the State of Oregon for olive oil and olive pomace-oil grades. A copy of such federal standards is filed herewith and by this reference made a part hereof.

History

Statutory/Other Authority: ORS 561.190, 616.230 & 616.761
Statutes/Other Implemented: ORS 616.761
DOA 3-2012, f. & cert. ef. 2-1-12

Or. Admin. R. 603-051-0780 Labeling Requirements

(1) Only olive oil meeting the standards of identity in OAR 603-051-0777(1)(a)–(b) and grade in the federal Act will be labeled as “olive oil”.

(2) Olive oil meeting the standard of identity in OAR 603-051-0777(1) and grade in the federal Act will be labeled with the corresponding U.S. grade and the label will comply with the requirements of ORS 616.205 to 616.385.

(3) The following types of olive oil and olive pomace-oil will be labeled “not for human consumption”:

(a) Lampante virgin olive oil;

(b) Crude olive-pomace oil

(4) Mixtures or blends of olive oil and other oils may not be labeled as “olive oil”.

(5) Olive-pomace oils may not be labeled as “olive oil”.

(6) Flavored olive oil will not be labeled as “extra virgin olive oil”, will be distinguished from “olive oil” on the principal display panel, and will be labeled for sale as an olive oil that has been flavored in accordance with the provisions of the 2010 version of Title 21, Chapter 1, Part 101 of the Code of Federal Regulations.

History

Statutory/Other Authority: ORS 561.190, 616.230 & 616.761
Statutes/Other Implemented: ORS 616.761
DOA 3-2012, f. & cert. ef. 2-1-12

Or. Admin. R. 603-051-0785 Prohibition of Imitation Olive Oil

A person may not manufacture, produce, process, pack, expose, sell, offer for sale, possess, dispense, supply, or give away imitation olive oil.

History

Statutory/Other Authority: ORS 561.190, 616.230 & 616.761
Statutes/Other Implemented: ORS 616.761
DOA 3-2012, f. & cert. ef. 2-1-12

Or. Admin. R. 603-051-0803 Reference

The book, Modern Roses, most recent edition, and the American Rose Annual, published by the American Rose Society, may be used as references to determine the classification of a variety.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 633.620 - 633.660
Statutes/Other Implemented: ORS 633.620 - 633.660
AD 707, f. & ef. 9-5-62

Or. Admin. R. 603-051-0830 Definitions

As used in these sections, unless the context requires otherwise:

(1) “Virus-Infected” means infected by a serious virus or manifesting symptoms or behavior characteristic of a serious virus disease. “Serious virus disease” includes corky bark, fan leaf and leaf roll virus diseases, and any other diseases so designated by the Department.

(2) “Index” means to test for virus infection by making a graft with tissue from the plant to be tested to an indicator plant or by other means of inoculation or other generally accepted laboratory methods approved by the Department.

(3) “Off-Type” means different from the variety as stated on the application for registration or certification. A vine or a cane shall be considered off-type when affected by a disorder of genetic origin or it is found to be atypical of the variety.

(4) “Progeny Vine” means a vine propagated from a parent rootstock and/or a parent top-stock source which has been indexed and is intended for planting in a foundation block.

(5) “Registered” means that a registration number has been assigned by the Department to a grapevine in a foundation block or to an entire increase block following the inspection and testing required in these regulations.

(6) “Foundation Block” means a planting of grapevines in which each vine has been registered to serve as a source of foundation stock.

(7) “Foundation Stock” means plants which have been produced in a foundation block.

(8) “Increase Block” means a planting of grapevines made with registered or foundation stock which has been registered as a block to serve as a source for the production of Oregon Certified Grape Nursery Stock.

(9) “Elite stock” means plants which have been produced in a Level One increase block in accordance with 603-051-0835(4)(d).

(10) “Registered Stock” means plants which have been produced in an increase block in accordance with 603-051-0835(4)(e).

(11) “Oregon Certified Grape Nursery Stock” means vines, rootings, cuttings, grafts, or buds taken or propagated from foundation or registered stock and certified in accordance with these regulations.

History

Statutory/Other Authority: ORS 561.190 & 633.620 - 633.660
Statutes/Other Implemented: ORS 633.620 - 633.660
DOA 17-1999, f. & cert. ef. 8-16-99
AD 917(3-70), f. 4-20-70, ef. 5-15-70

Or. Admin. R. 603-051-0835 Requirements and Conditions for Registration or Certification

Registration or certification by the Department shall not imply or be construed as any warranty of the Department or its employees. In addition to other requirements which may be specified by the Department, the following requirements and conditions shall be met in order to qualify for consideration of registration or certification of grape nursery stock:

(1) The applicant for such registration or certification shall be responsible for the selection of the location and the proper maintenance of a planting being grown under the provisions of these sections. Said applicant shall be responsible for maintaining the identity of all such nursery stock in a manner approved by the Department. The Department shall be notified by the applicant in advance of the planting, replanting, grafting, budding, rebudding, pruning, or removal of grape nursery stock, or the removal of vines in any planting to be submitted for registration or certification, in order that necessary inspections may be made or approval granted prior to the performance thereof.

(2) Each planting shall be located in an area where contamination by soil-borne virus diseases of grapes from drainage, flooding, irrigation, or other means has not occurred, or is not likely to occur. Each of said planting areas shall be inspected and approved by the Department prior to planting:

(a) No uncertified grape vines may be located within thirty feet of the increase block location;

(b) No uncertified grapes may be growing upslope from the increase block location;

(c) Only grape nursery stock originating from Foundation Blocks approved by the Department may be planted in a certified grape increase block. A grower may produce cuttings from foundation stock grape plants for the purpose of completing the increase block planting, for example: a grower who receives five certified Pinot Noir vines from an approved foundation block may make forty five cuttings to complete a fifty vine planting of that Pinot Noir clone in the increase block;

(d) Only cuttings from grapevines planted in the increase block are eligible for certification tags provided by the Department;

(e) The grower must provide the Department with photocopies of the tags or other documents that accompany grape stock received from foundation sources, such copies shall be kept indefinitely in the Department certification file for the grower;

(f) The grower must prepare, and provide to the Department a map which locates each certified grapevine in the increase block. The map shall be kept in the Department certification file for the grower. Each grape vine in the increase block shall be marked to show variety, clone number and foundation source;

(g) When new certified grapevines are planted in the increase block, copies of certification tags must be sent to the Department along with a revised planting map that indicates the locations of the new vines;

(h) The grower of the increase block shall be licensed with the Department as a nursery stock grower;

(i) No increase block that looses its certification status may be reinstated into the certification program, not withstanding any change in ownership.

(3) Each planting shall be kept in a thrifty growing condition, and pests shall be kept under intensive control. Suitable precautions shall be taken in cultivation, irrigation, movement, use of equipment, and in other farming practices so as to safeguard against the spread of soil-borne pests to plantings. Any plant found to be off-type shall be removed from any planting. Off-type canes may be permitted to be removed in a manner approved by the Department. Grape nursery stock, including cuttings, shall be produced, stored, heeled-in, or calloused in media, beds, or storage areas approved by the Department. The Department may require such treatments, including fumigation, as shall protect against infection of or infestation with pests.

(4) For purposes of determining eligibility of said grape nursery stock for registration or certification, the following shall apply:

(a) To be acceptable in a planting in a foundation block, a plant shall be foundation stock, or its rootstock and topstock sources and the plant itself shall have been inspected and tested and not found to be virus-infected or off-type, and the index readings shall have been completed within the previous eight months, or the plant shall have an equivalent known history approved by the Department. Such plant shall have been protected from possible virus infection in a manner approved by the Department from the time it was originally propagated until it is planted in a foundation block;

(b) To be acceptable for planting in an increase block, the plant shall be foundation stock or propagated from foundation stock. Propagating wood from an increase block may be planted in the same increase block to increase its size or to replace plants subject to the approval of the Department;

(c) To be acceptable for planting or propagation in a nursery planting, a plant shall be foundation stock or an increase block for the purpose of certification;

(d) An increase block that is inspected as required by the Department and has no detectable virus infections of any kind shall be designated as “Level One” and stock from such increase blocks shall be called “Elite” stock;

(e) An increase block that is free of serious virus diseases shall be designated as “Level Two” and stock from such increase blocks shall be called “Registered” stock. No increase block may be newly established as a Level Two increase block and no material may initially enter the certification program except as Elite stock, defined in 603-051-0835(4)(d).

History

Statutory/Other Authority: ORS 561.190 & 633.620 - 633.660
Statutes/Other Implemented: ORS 633.620 - 633.660
DOA 17-1999, f. & cert. ef. 8-16-99
AD 917(3-70), f. 4-20-70, ef. 5-15-70

Or. Admin. R. 603-051-0840 Authority and Procedures for Registration or Certification

Registration, certification, approvals, and the supervision of activities specified herein shall reside in the Department. Inspection and testing procedures prescribed in these regulations may be made by Oregon State University, the United States Department of Agriculture, or the Department, and shall be conducted in a manner and at times determined to be suitable by the Department. In the indexing procedures required in these regulations, the substitution of other indicator plants may be approved by the Department if found equally suitable. Indexing on a fewer number of indicator plants may also be approved by the Department if the plant being tested is, itself, a good indicator for a particular disease. The following inspection and testing procedures shall control as applicable:

(1) Progeny Vines:

(a) The parent rootstock and topstock sources of a progeny vine for which registration or certification shall be requested, shall be index-tested on St. George, LN-33, Baca 22 A, and Carignane varieties of grapevines. Chenopodium spp. may be used in lieu of Carignane grapevine;

(b) Propagating wood to produce the progeny vines for a foundation block shall be taken from the parent rootstock and topstock sources in the same growing season that tissue is taken from the parent sources for indexing. The progeny vines shall be visually inspected at least twice each growing season prior to planting in a foundation block.

(2) In a Foundation Block: Plantings in a foundation block, or the vines thereof, shall be visually inspected at least twice each growing season.

(3) In an Increase Block: Plantings in an increase block, or the vines thereof, shall be visually inspected at least twice each year prior to the removal of fruit, if any, from the vines.

(4) In a Nursery Planting: Plantings in a nursery, or the vines thereof, shall be visually inspected at least twice each growing season and, in addition thereto, shall be inspected at the time of digging. In order to be eligible for certification or approval as registered stock, said nursery stock shall not remain in the nursery row for more than two growing seasons.

(5) In addition to the requirements of sections (1) to (5) of this rule additional inspections or tests may be required in the event seasonal conditions or other factors tend to obscure virus symptoms or make adequate information impossible, or when virus infection is suspected or virus symptoms may be masked in a particular variety.

History

Statutory/Other Authority: ORS 561.190 & 633.620 - 633.660
Statutes/Other Implemented: ORS 633.620 - 633.660
DOA 17-1999, f. & cert. ef. 8-16-99
AD 917(3-70), f. 4-20-70, ef. 5-15-70

Or. Admin. R. 603-051-0845 Application and Fees for Registration or Certification

(1) An application for registration or certification of grape nursery stock shall be made on a form prescribed by the Department and shall be accompanied by a fee of $50, which shall be valid for one year from acceptance by the Department. The application shall include the consent of the applicant for the removal of plants from any planting for inspection or testing purposes. Applications for annual reregistration shall be in accordance with this section and accompanied by the fee stated herein. Applications shall be made sufficiently in advance of the time of planting so as to permit the Department to establish the origin of the stock, to determine the suitability of the location, to inspect for virus infection, including Fan Leaf and Leaf Roll virus, and to supervise any treatment that may be required.

(2) Request for special or additional inspection or testing services of grape nursery stock and the charges therefore shall be in accordance with the provisions of OAR 603-054-0025.

(3) Fees and charges provided in this section are separate from and in addition to any such fees or charges required by ORS 571.057 or 571.145 and are intended to be used solely to defray the costs of inspections, testing, and certifications incurred by the Department.

History

Statutory/Other Authority: ORS 561.190 & 633.620 - 633.660
Statutes/Other Implemented: ORS 633.620 - 633.660
DOA 17-1999, f. & cert. ef. 8-16-99
AD 1029(19-74), f. 6-19-74, ef. 7-11-74
AD 917(3-70), f. 4-20-70, ef. 5-15-70

Or. Admin. R. 603-051-0850 Refusal or Cancellation of Registration or Certification

Registration or certification may be refused or cancelled by the Department if:

(1) The requirements of these regulations have not been met.

(2) Any vine in the planting is found virus-infected with a soil-borne virus, unless in the opinion of the Department the remainder of the planting can be adequately protected by treatment or by removal and destruction of all vines in the infected area, or by other means.

(3) The plant is off-type.

(4) Any vine in the planting is found infected with a serious virus that is not known to be soil-borne unless such vine is removed under supervision of the Department.

(5) It is determined by the Department that a registered vine or registered increase block is virus-infected and the plants propagated from such source are also liable to be infected.

(6) The pest cleanliness requirements of the Oregon Nursery Laws have not been met.

History

Statutory/Other Authority: ORS 561.190 & 633.620 - 633.660
Statutes/Other Implemented: ORS 633.620 - 633.660
DOA 17-1999, f. & cert. ef. 8-16-99
AD 917(3-70), f. 4-20-70, ef. 5-15-70

Or. Admin. R. 603-051-0855 Declaration of Policy

Certification of nursery stock is a function of state government, the responsibilities of which shall be conducted by the Department in keeping with the provisions of ORS 633.620 to 633.660 and statutes related thereto. Participation by nurseries in the certification program shall be voluntary in nature. These regulations may be reviewed biennially by the Department and nurseries participating in the program.

History

Statutory/Other Authority: ORS 561, 571 & 632
Statutes/Other Implemented: ORS 561, 571 & 632
DOA 5-2013, f. & cert. ef. 3-1-13
DOA 14-2004, f. & cert. ef. 6-1-04
AD 17-1977, f. & ef. 7-15-77

Or. Admin. R. 603-051-0856 Definitions

As used in OAR 603-051-0855 to 603-051-0859, unless the context requires otherwise:

(1) "Block" means a contiguous grouping of plants separated by at least 10-feet from other contiguous groupings of plants.

(2) "Clean cultivation" means the site is bare earth or is planted with a grass (Gramineae) or another crop approved in writing by the Department in which broad-leaved weeds are actively controlled.

(3) "Department" means the Oregon Department of Agriculture.

(4) “G1” means the original plants (nuclear materials) that have tested negative in the most extensive battery of virus tests available, and subsequently maintained in isolation to prevent (re)infection. Production and maintenance of G1 material must be in within a system approved by USDA-APHIS or its official designee.

(5) “G2” means plant material that is propagated from G1 stock and maintained under the specific conditions outlined in OAR 603-051-0857 to prevent (re)infection.

(6) “G3” means plant material that is propagated from G1 or G2 stock to increase the amount of source material available for producing virus-tested certified nursery stock. G3 plants must be maintained under the specific conditions outlined in OAR 603-051-0857 to prevent (re)infection.

(7) “G4” means plant material that is propagated from G1, G2, or G3 stock that will be distributed for sale. When using seed for G4 rootstock production, the source of seed must be approved by the Department.

(8) "Index" means to determine virus infection by means of inoculation from the plant to be tested to an indicator plant or by other scientifically acceptable means of detection.

(9) "Indicator Plant" means any herbaceous or woody plant used to index or determine virus infection.

(10) "Off-Type" means different from the cultivar as stated on the application for certification.

(11) "Oregon Certified Nursery Stock" means G4 plant materials including nursery-grown seedlings, clonal root-stocks originating from registered G2 or G3 trees, nursery-grown trees propagated by using top-stock from registered G2 or G3 trees, and rootstock originating from registered G2 or G3 trees, but is limited to the genera Chaenomeles, Cydonia, Malus, Prunus, and Pyrus.

(12) "Oregon Certified Seed" means seed produced on registered G1, G2, or G3 seed trees.

(13) "Registered Tree" means a tree or clonal planting that has a registration number assigned to it by the Department, and that has been inspected and tested in accordance with the provisions of OAR 603-051-0855 to 603-051-0859.

(14) "Scion-Block" means a planting of registered G2 or G3 trees, which serves as a source of scionwood for the propagation of Oregon Certified Nursery Stock.

(15) "Seed-Block" means a planting of registered G2 or G3 seed trees, which serves as a source of seed for producing rootstock used in the propagation of Oregon Certified Nursery Stock.

(16) "Stool Bed" means a clonal planting of self-rooted registered G2 or G3 trees for the specific purpose of producing vegetatively propagated rootstock used in the propagation of Oregon Certified Nursery Stock.

(17) "Virus" means virus and virus-like pathogens including phytoplasmas, viroids, and graft transmissible agents.

(18) "Virus Infected" means the presence of a harmful virus in a plant or plant part.

(19) "Virus-Like" means either a genetic disorder or nontransmissible entity.

(20) "Tissue culture" means a general term for the cultivation of plants (cells, tissues, or organs) under aseptic conditions in a synthetic medium in vitro. It also refers to the cultures themselves.

(21) "Tested" means having been subjected to an official examination, other than visual, to determine if pests are present or to identify pests.

History

Statutory/Other Authority: ORS 561, 571 & 632
Statutes/Other Implemented: ORS 561, 571 & 632
DOA 5-2013, f. & cert. ef. 3-1-13
DOA 6-2007, f. & cert. ef. 3-16-07
DOA 14-2004, f. & cert. ef. 6-1-04
AD 17-1977, f. & ef. 7-15-77

Or. Admin. R. 603-051-0857 Requirements and Conditions for Certification

Certification by the Department shall not imply or be construed as any warranty of the Department or their employees as to the condition of nursery stock. The following requirements and conditions shall be met in order to qualify for consideration of certification of nursery stock:

(1) The applicant for certification shall be responsible for the selection of the location and the proper maintenance of all plantings being grown. The applicant shall also be responsible for maintaining the identity of all nursery stock. Any planting entered in this certification program shall be kept in a thrifty growing condition and free of plant pests.

(2) Trees may be registered for certification as rootstock, interstock, and top-stock sources for the propagation of Oregon Certified Nursery Stock when inspected, tested and found to be discernably free from harmful virus and virus-like diseases of regulatory concern and having varietal purity, in accordance with the procedures prescribed in OAR 603-051-0855 to 603-051-0859.

(3) No budding, grafting, or top-working of registered G2 and G3 trees in a scion-block, seed-block, or stool bed shall be permitted. Use of a certified G2 and G3 nursery stock for scionwood shall only be allowed upon receiving permission from the Department and shall be subject to departmental supervision.

(4) Any plant found to be infected by a virus or virus-like disease and officially confirmed by the Department, or found to be off-type, or in root or foliar contact with a confirmed infected plant shall be removed immediately from any planting and destroyed after notification is rendered by the Department. For scion blocks, if a positive plant is present the following growing season, all plants growing within 30-feet of the infected plant within the same block will not be certified. For stool beds, if a positive plant is present the following growing season, all plants growing within 10-feet of the infected plant within the same block will not be certified. The certification of these plants may be regained if Departmentally-approved corrective action is taken.

(5) Prior to planting, all registered plant growing areas and their contiguous border areas of not less than ten feet shall be tested for the presence of soil-inhabiting nematodes known to transmit viruses of concern to the Program. Growing areas found free of nematode vectors will not require chemical fumigation. Growing areas found infested with nematode vectors are required to be fumigated in accordance with the rates and practices recommended by Oregon State University. The growing areas will then be re-tested. Such tests and treatments shall be carried out under the supervision of the Department.

(6) Applicants shall be responsible for maintaining trueness to type of certified G4 nursery stock produced from registered G2 and G3 plants. The applicant shall develop a written program, in cooperation with the Department, so as to provide for monitoring of each cultivar for trueness to type.

(7) A participating nursery must maintain the following records for all registered G2 and G3 nursery stock in this program for a minimum of four (4) years:

(a) Records indicating the Latin name, variety or cultivar, rootstock, origin, date of introduction of the G1 or G2 plant materials to the facility, date of propagation in the registered G2 or G3 block, and field location including nursery row and planting;

(b) Records of sale and copies of all phytosanitary certificates issued;

(c) Maps of the facility or nursery indicating the growing areas and a detailed inventory for the registered G2 and G3 plants.

(8) The following requirements specifically apply to scion-blocks:

(a) A scion-block shall be located not less than 100 feet from any nonregistered cultivated plant of the Rosaceae family. The ground in a scion-block, and for a distance of 20-feet surrounding it, shall be kept either clean-cultivated or in an approved, properly controlled ground cover. Registered scion-block G2 and G3 trees shall be planted and maintained in a manner, and at sufficient distances, so that branches of different varieties do not overlap. Each tree shall bear a permanent registration number;

(b) The rootstock and top-stock sources of the G2 and G3 scion-block trees shall have originated from G2 or G3 trees established under this certification program or from virus-tested G1 trees originating through the Clean Plant Center of the Northwest or other departmentally approved virus-tested sources. If the tree is scion-rooted, its source shall have met the above-mentioned requirements. Only registered G2 and G3 trees shall be permitted in the scion-block.

(9) The following requirements specifically apply to stool beds:

(a) Existing stool beds that index clean on the commonly used virus indicators or via testing approved by the Department shall qualify as registered G3 stool beds. New stool beds (those planted after July 1, 1980) shall have originated from G2 or G3 stock established under this certification program, or from virus-tested G1 plants originating through the Clean Plant Center of the Northwest or other departmentally approved virus-tested sources, and shall be located not less than 50 feet from nonregistered rosaceous hosts and not less than ten (10) feet from registered rosaceous plants. If the tree is scion-rooted, its source shall have met the requirements of this certification program. Only registered trees shall be permitted in the stool bed.

(b) A registered G2 or G3 stool bed shall be located not less than 50-feet from any nonregistered cultivated plant of the Rosaceae family. However, nonregistered stool beds may be located not less than ten feet from registered G2 or G3 stool bed plantings if such plantings were in production when they became subject to this certification program. The ground in a registered stool bed, and for a distance of ten feet surrounding it, shall be kept clean-cultivated;

(10) The following requirements specifically apply to seed-blocks:

(a) A Prunus seed-block shall be located not less than 100-feet from any nonregistered plant of the Prunus species. The ground in a seed-block and for a distance of 20-feet surrounding the seed-block shall be kept clean-cultivated or in an approved, controlled ground cover;

(b) The rootstock and top-stock sources of the seed-tree shall have originated from G2 or G3 trees established under this program or from virus-tested G1 trees originating through the Clean Plant Center of the Northwest or other Department approved virus-tested sources. If the tree is scion-rooted, its source shall have met the above requirements. Only registered trees shall be permitted in the seed-block.

(11) The following requirements specifically apply to scion blocks of containerized Malus, Pyrus, Cydonia, Chaenomeles, or Prunus species. All other requirements for growing scion blocks also apply (see (8)):

(a) The roots of trees being containerized must be free of soil prior to planting in the containers;

(b) The growing medium must consist of non-soil material, including but not limited to, expanded or baked clay pellets, ground coconut husks, coffee hulls, cocoa pods or rice husks, peat, perlite, sawdust, sphagnum, volcanic ash, cinder or vermiculite. The components of the growing medium must not have been previously used for growing plants or other agricultural purposes. The components of the growing medium must be mixed and maintained under conditions which preclude soil contamination or contamination by water run-off. Samples of the growing medium may be taken to verify the absence of soil;

(c) The containers must be set on a barrier that prevents the roots of the plants from permeating the soil or prevents direct contact with the soil, such as plastic, hard-packed clay, pavement, or a minimum of two (2) inches of coarse gravel. The site must be located so as to preclude soil contamination, either directly or through water run-off from drainage, flooding, irrigation, or other means.

(12) The following requirements apply specifically to tissue culture plant materials grown for scion and for rootstock. These requirements are in addition to the requirements specifically for scion blocks described in (8) and for stoolbeds as described in (9):

(a) Plants (explants) used to produce callus for tissue culture must be tested or indexed annually as required by this program;

(b) Plantlets (rooted shoots) regenerated from the tissue culture callus must be grown in a greenhouse or growth chamber and all measures and precautions must be taken to prevent the presence of any vectors in the greenhouse or growth chamber. Records of such measures taken, if they include pesticide use, must be maintained as required by OAR 603-057-0405 through 603-057-0410 and other Oregon Administrative Rules for licensed pesticide applicators as applicable;

(c) One regeneration of plantlets from the tissue culture callus will be certified under this program as G4 level material with no further testing or indexing provided all other requirements are met. This certification will last one (1) year from the date of introduction of the plantlets into the greenhouse. Plantlets may be planted as G3 level registered plants provided all other requirements, including testing, are met for scion as described in (8) and for stool beds as described in (9).

(13) The following requirements specifically apply to Oregon certified nursery stock, also known as G4 level material:

(a) A participating nursery must maintain the following records of all G4-level materials in this program for at least two (2) years.

(i) Records indicating the Latin name, variety or cultivar, rootstock, origin, date of introduction of the G2 materials to the facility, date of propagation in the registered G2 or G3 block, and field location including nursery row and planting.

(ii) Records of sale and copies of all phytosanitary certificates issued.

(iii) Maps of the facility or nursery indicating locations of Oregon certified nursery stock.

(b) All nursery stock grown for G4 certification shall be on rootstocks from registered G2, G3, or G4 trees except for stone fruit trees grown on peach seedlings. Such peach root-stocks shall be acceptable only if the seed transmissible virus content does not exceed five percent, and upon the prior approval of the Department being obtained. Clonal rootstocks used in the production of Oregon Certified Nursery Stock shall originate from registered stool beds;

(c) Nursery stock grown for G4 certification shall be planted sufficiently apart to maintain its identity and shall be kept clean-cultivated. Such nursery stock shall be designated as to rootstock, top-stock, and interstock sources. Rebudding or regrafting of nursery row stock shall not be allowed unless such stock is reworked with budwood from the same registered scion-block;

(d) An official certification tag shall be utilized to designate G4-level trees produced from registered scion-source trees and which have been propagated on rootstocks produced from registered seed sources or stool bed trees, or which are self-rooted. Official certification tags must be attached to G4-level trees at time of sale.

History

Statutory/Other Authority: ORS 561, 571 & 632
Statutes/Other Implemented: ORS 561, 571 & 632
DOA 5-2013, f. & cert. ef. 3-1-13
DOA 6-2007, f. & cert. ef. 3-16-07
DOA 14-2004, f. & cert. ef. 6-1-04
AD 17-1977, f. & ef. 7-15-77

Or. Admin. R. 603-051-0858 Procedures for Certification

(1) In accordance with OAR 603-051-0855, certification and the supervision of activities relating thereto shall be in the Department. Inspection and testing procedures prescribed in this certification program may be carried out by the Washington State Department of Agriculture or the Department, and shall be conducted at such times and in such manner as is acceptable to the Department.

(2) The methods and procedures used for virus indexing shall conform to Clean Plant Center of the Northwest or Departmentally approved standards and shall be conducted in the manner and times determined by the Department.

(3) The Department reserves the right to visually inspect and test nursery rootstock in a planting for certification throughout the growing season. At the request of the Department, any undesirable rootstock may be rogued before propagation.

(4) All nursery stock meeting the requirements of this certification program shall have the variety, interstock and rootstock designated upon any tag evidencing the same as Oregon Certified Nursery Stock.

(5) The Department shall authorize the use of official certification tags for the identification of nursery stock or seed meeting the requirements of OAR 603-051-0855 to 603-051-0859, and therefore certified as Oregon Certified Nursery Stock. Such official certification tags shall be furnished by the Department to the qualified applicants therefore upon payment of the established cost of the Department for the tags so furnished.

(6) Any person selling, or offering for sale, any nursery stock or seed identified by tagging as Oregon Certified Nursery Stock shall be deemed to be responsible for the identity of such stock. All Oregon Certified Nursery Stock offered for sale shall be handled in accordance with accepted commercial practices and shall be identified by the tags described in the subsection.

(7) Certification shall be refused if plants have been propagated from registered trees determined to be infected by a virus or virus-like disease, or if other provisions of this certification program have been violated.

(8) A list of participating nurseries and certified nursery stock shall be provided to all participating nurseries and to other interested parties upon request.

History

Statutory/Other Authority: ORS 561, 571 & 632
Statutes/Other Implemented: ORS 561, 571 & 632
DOA 5-2013, f. & cert. ef. 3-1-13
DOA 6-2007, f. & cert. ef. 3-16-07
DOA 14-2004, f. & cert. ef. 6-1-04
AD 17-1977, f. & ef. 7-15-77

Or. Admin. R. 603-051-0859 Application for Certification and Fees

(1) Nurseries voluntarily participating in the certification program shall enter into a compliance agreement with the Department, which shall be submitted to the Department by March 31 of each year so as to provide sufficient time for inspection and indexing of registered G2 and G3 scion and seed trees and for the inspection of nursery stock to be submitted for certification. The nursery participation fee (see (4)) must be submitted with the compliance agreement by March 31 of each year.

(2) The compliance agreement shall contain the information required thereon, including the consent of the applicant for the Department to obtain propagating wood or expanded leaf tissues from any tree for inspection and testing purposes.

(3) Except as otherwise provided, fees charged by the certifying agency for certification are payable on or before July 1 of each year, and are for the sole purpose of defraying expenses incurred by the Department in the inspection, approval, or certification procedures provided for in this certification program, and for providing funds to the Department to support appropriate plant virus survey programs. Payment thereof shall not be construed as granting any right or privilege to the applicant.

(4) The fees payable under this section shall be determined in accordance with the fee schedule (see (4)(a)-(d)). Testing of Prunus, Malus, Pyrus, Chaenomeles, and Cydonia, materials will be performed annually by the Department. These fees shall be payable upon request of the Department:

(a) The fee for participation shall be $200 annually per participating nursery;

(b) The fee shall be $10.00 per sample per Ilarvirus (Prunus necrotic ring spot virus, prune dwarf virus, and apple mosaic virus) test requested;

(d) The fee shall be $7.00 per sample per each additional virus test requested.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561, 571 & 632
Statutes/Other Implemented: ORS 561, 571 & 632
DOA 5-2013, f. & cert. ef. 3-1-13
DOA 6-2007, f. & cert. ef. 3-16-07
DOA 14-2004, f. & cert. ef. 6-1-04
AD 17-1994, f. & cert. ef. 11-10-94
AD 17-1977, f. & ef. 7-15-77

Or. Admin. R. 603-051-0955 Definitions

As used in these sections, unless the context requires otherwise:

(1) “Caneberry” means any cultivated Rubus species.

(2) “Certification” means the issuance of a certificate verifying that a particular quantity or lot of caneberry plants has been grown or propagated according to the provisions of OAR 603-051-0960.

(3) “Certified Block” means a planting of caneberry plants that are first year propagation from Registered Stock.

(4) “Certified Stock” means a class of caneberry plants that are first year or second year propagation from Registered Stock or first year propagation from first year Certified Stock.

(5) “Department” means the Oregon State Department of Agriculture.

(6) “Foundation Block” means a planting of Nuclear Stock caneberries for the production of Foundation Stock.

(7) “Foundation Stock” means a class of caneberry plants that have been produced in a Foundation Block.

(8) “Increase Block” means a planting of caneberry plants of Foundation Stock for the production of Registered or Certified Stock.

(9) “Index” means to test for systemic disease infection by making a graft with tissue from the plant to be tested to an indicator plant or by other means of detection.

(10) “Nuclear Stock” means caneberry plants of cultivars which were originally indexed and their clonal progeny which have been regularly reindexed and continuously protected from systemic disease infection by federal or state of Oregon agencies or plants from other states meeting standards established by the Dean of the School. Nuclear Stock is intended for planting in a Foundation Block.

(11) “Off-Type” means any volunteer caneberry plant or any caneberry plant different from the cultivar as stated on the application for certification.

(12) “Oregon Certified Caneberry Nursery Stock” means progeny plants propagated from Foundation, Registered, or Certified Stock and certified in accordance with these regulations.

(13) “Registered Stock” means a class of caneberry plants that are first year propagation from Foundation Stock produced in an Increase Block.

(14) “School” means the School of Agriculture, Oregon State University.

History

Statutory/Other Authority: ORS 561.190, 571 & 632
Statutes/Other Implemented: ORS 561, 571 & 632
AD 992(6-73), f. 6-4-73, ef. 6-15-73

Or. Admin. R. 603-051-0960 Requirements and Conditions for Certification

Certification by the Department shall not imply or be construed as any warranty of the Department, the school, or its employees as to the condition of caneberry nursery stock. The following requirements and conditions shall be met in order to qualify for consideration of certification of caneberry nursery stock:

(1) The applicant for such certification under these regulations shall be responsible for the selection of the location and the proper maintenance of a planting being grown. The applicant shall also be responsible for maintaining the identity of all said nursery stock. Land selected for the production of Foundation, Registered, or Certified Stock shall not have grown any solanaceous crop or any crop plant within the genus Rubus within the previous five years unless said plants were propagate in accordance with the provisions of these regulations. The selected site must be free of any evidence of the presence of Agrobacterium rubi or A. tumefaciens as indicated by the absence of:

(a) Overgrowths or tumors on crowns, roots, stems, or leaves; and of

(b) Excessive or abnormal development of organs with or without tumefactions;

(c) The presence of subsections (a) or (b) of this section on any known host plants in the site or within 30 feet will be cause for rejection. The Department or school shall be notified by the applicant in advance of the planting, replanting, or digging of caneberry nursery stock in order that necessary inspections may be made or approval granted prior to the performance thereof.

(2) Each planting shall be located in an area in which viruses or other systemic pathogens affecting caneberries are not prevalent and in which there is adequate isolation from plantings of caneberries producing fruit. Cultivars within a planting must be adequately separated in an approved manner. Prior to acceptance of the planting site one of the following procedures shall be followed by the nurseryman:

(a) Present acceptable records to the Department of nematode sampling of the land in question which show that plant parasitic nematodes are not present in harmful quantities; or

(b) Fumigate the land in accordance with approved commercial practices compatible with current recommendations of the Oregon State University Extension Service.

(3) For inspection purposes, one percent of the plants or 12 plants, whichever is less, from a Foundation Block must be allowed to produce mature fruit. Such plants are not to be harvested for certification and shall be removed from the planting after inspection for trueness-to-name.

(4) Foundation Blocks shall be enclosed by an approved screenhouse. A minimum of three percent of the individual plants planted therein that will be used for further propagation shall be tested biennially by indexing. Progeny plants will be identified by clone numbers.

(5) Each planting shall be kept in a thrifty growing condition and pests shall be kept under intensive control. Diseased or off-type plants will be rogued. Because of the problem of development of seedlings in the planting and the opportunity for flower infection by certain viruses, flowers will not be allowed in certified plantings except for section (3) of this rule.

(6) For purposes of determining eligibility of caneberry nursery stock for certification in accordance with OAR 603-051-0590 of these regulations, the following shall apply:

(a) To be acceptable for a planting in a Foundation Block a plant shall be:

(A) Nuclear Stock; or

(B) Foundation Stock which is a progeny of a plant from a Foundation Block that was tested the previous season in a program of indexing acceptable to the Department; or

(C) Progeny of screenhouse grown Foundation Block plants removed from Nuclear plants by no more than four years. The adequacy of the applicant’s screenhouse shall be reviewed annually by the certifying agencies.

(b) To be acceptable for planting in an Increase Block, a plant shall be Nuclear or Foundation Stock;

(c) To be acceptable for planting in a Certified Block, a plant shall be Nuclear Stock, Foundation Stock, Registered Stock, or first-year Certified Stock. (See Diagram 1.);

(d) Caneberry plants in outdoor Increase Blocks shall be planted in rows not less than eight feet apart;

(e) No plant separated from Foundation Stock by more than three years of vegetative propagation shall be eligible for certification.

[ED. NOTE: Diagrams referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190, 571 & 632
Statutes/Other Implemented: ORS 561, 571 & 632
AD 992(6-73), f. 6-4-73, ef. 6-15-73

Or. Admin. R. 603-051-0965 Procedures for Certification

(1) In accordance with OAR 603-051-0950 of these regulations, certification and the supervision of activities relating thereto shall be in the respective agencies. Inspection and testing procedures prescribed in these regulations may be made by the school, the United State Department of Agriculture, or the Department, and shall be conducted at such times and in such manner as is acceptable to the certifying agencies. The Department at the request of the school, may enforce certification standards established by the school.

(2) Plants propagated from Foundation Stock are eligible for tagging as Registered Stock for one year only.

(3) Plants propagated from Registered Stock are eligible for tagging as Certified Stock for two years only.

(4) Exceptions to sections (2) and (3) of this rule hereof may be made according to the discretion of the certifying agencies.

(5) Tags evidencing certification for varietal purity shall be issued by the Dean of the school, and tags certifying freedom from pests and diseases shall be issued by the Department, unless the two agencies agree to the use of a joint tag.

History

Statutory/Other Authority: ORS 561.190, 571 & 632
Statutes/Other Implemented: ORS 561, 571 & 632
AD 992(6-73), f. 6-4-73, ef. 6-15-73

Or. Admin. R. 603-051-0970 Application for Certification and Fees

(1) An application for certification shall be made on a form prescribed by the certifying agencies and shall be submitted sufficiently in advance of the time of planting so as to permit establishment of the origin of the planting stock, the determination of the suitability of location, and supervision of any treatment that may be required. The application shall include the consent of the applicant for the removal of plants from any planting for inspection or testing purposes.

(2) Fees charged by the certifying agencies for certification are payable at the time of the application and are for the sole purpose of defraying expenses incurred by the Department or school in the inspection, approval, or certification procedures provided for in these regulations, and payment thereof shall not be construed as granting any right or privilege to the applicant.

(3) The annual fees payable under this rule are:

(a) Screenhouse; Foundation Block — $100 for 20 plants or less; $1 for each additional plant;

(b) Field Planting; Increase Block — $30 per 1/4 acre or portion thereof;

(d) Greenhouse and Screenhouse; Increase or Certified Block — $50 per Block minimum. Such minimum would apply towards any special service charges.

History

Statutory/Other Authority: ORS 561.190, 571 & 632
Statutes/Other Implemented: ORS 561, 571 & 632
AD 992(6-73), f. 6-4-73, ef. 6-15-73

Or. Admin. R. 603-051-0975 Refusal or Cancellation of Certification

Certification may be cancelled in accordance with the following:

(1) Failure to meet or maintain the requirements of these regulations.

(2) Any Foundation or increase Block in which any of the following are found:

(a) Off-type plants;

(b) Non-thrifty plants;

(d) An injurious systemic disease;

(e) Plants infected by anthracnose disease to the extent that serious loss or damage may result;

(f) Serious nematode injury;

(g) Evidence of insects injurious to transplants.

(3) Any Certified Block in which any of the following are found:

(a) More than 0.25 percent off-type plants;

(b) More than one percent non-thrifty plants;

(d) More than 0.1 percent crown and cane gall;

(e) Anthracnose infected plants to the extent that serious loss or damage may result;

(f) Serious nematode injury;

(g) Evidence of insects injurious to transplants.

History

Statutory/Other Authority: ORS 561.190, 571 & 632
Statutes/Other Implemented: ORS 561, 571 & 632
AD 992(6-73), f. 6-4-73, ef. 6-15-73

Or. Admin. R. 603-051-0980 General

Compliance with the provisions of these standards shall not excuse failure to comply with provisions of applicable Federal or State laws. These standards shall apply to all recognized varieties of Asian pears including:

(1) Non-russeted types such as Nijisseiki, Shinseiki, Ya Li.

(2) Partially russeted types such as Kosui, Kikusui, Tsu Li (California origin).

(3) Complete russeted types such as Hosui, Chojuro, Japanese Golden Russet.

History

Statutory/Other Authority: ORS 561.190 & 632.905
Statutes/Other Implemented: ORS 632.905
AD 10-1992, f. & cert. ef. 9-9-92

Or. Admin. R. 603-051-0990 Definitions

(1) “Similar Varietal Characteristics” means the fruit in any lot and container are similar in shape, color of skin and flesh.

(2) “Mature” means that the fruit has reached a stage of development which will ensure the completion of the ripening process.

(3) “Overripe” means fruit is dead ripe, mealy or soft, and past commercial utility.

(4) “Clean” means the fruit is free from excessive dirt, dust, spray residue, or other foreign materials.

(5) “Well Formed” means the fruit is symmetrical and has shape characteristics of the variety, and that bumps or other roughness are permitted provided they do not more than slightly detract from the appearance.

(6) “Fairly Well Formed” means the fruit has the shape characteristics of the variety but slight bumps or other roughness are permitted provided they do not materially detract from appearance.

(7) “Carefully Packed” means the fruit shows no evidence of rough handling.

(8) “Injury” means any defect described in the Classification of Defects (OAR 603-051-1040), or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which more than slightly detracts from the appearance, or the edible or marketing quality.

(9) “Damage” means any defect described in the Classification of Defects (OAR 603-051-1040), or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality.

(10) “Serious Damage” means any defect more than 50 percent over allowable damage definition, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality.

(11) “Permanent Defects” means those which are not subject to change during shipment or storage, for example, shape, scars or growth cracks.

(12) “Condition Defects” means those defects which are subject to change during shipment or storage, for example, decay, soft, shriveling or bruises.

(13) “Fairly Uniform in Size” means that fruit in containers marked by diameter to denote size may not vary in diameter more than 1/2 inch.

(14) “Diameter” means the greatest dimension measured at right angles to a line from stem to blossom end.

(15) “Shipping Point” means the point of origin of the shipment in the producing area or at a port of loading for ship-stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.

History

Statutory/Other Authority: ORS 561.190 & 632.905
Statutes/Other Implemented: ORS 632.905
AD 10-1992, f. & cert. ef. 9-9-92

Or. Admin. R. 603-051-1000 Grades

(1) “Oregon Extra Fancy” consists of Asian Pears which meet the following requirements:

(a) Basic requirements: Similar varietal characteristics, mature, not soft or overripe, carefully packed, clean and well formed;

(b) Must be free from worm holes, broken skins, scald, sprayburn or sunburn, drought spot, disease, insects and insect injury, freezing injury, internal breakdown and decay;

(c) Must be free from injury by bruises, leaf or limb rubs, discoloration, growth cracks, hail, scars, cork spot and mechanical or other means.

(2) “Oregon No. 1” consists of Asian Pears which meet the following requirements:

(a) Basic Requirements: Similar varietal characteristics, mature, not soft or overripe, carefully packed, clean and fairly well formed;

(b) Must be free from worm holes, insects, broken skins which are not healed, scald, freezing injury, internal breakdown and decay;

(c) Must be free from damage by bruises, leaf or limb rub, discoloration, growth cracks, hail, scab, scars, sprayburn or sunburn, drought spot, cork spot, insect injury, healed skinbreaks, other disease and mechanical or other means.

History

Statutory/Other Authority: ORS 561.190 & 632.905
Statutes/Other Implemented: ORS 632.905
AD 10-1992, f. & cert. ef. 9-9-92

Or. Admin. R. 603-051-1010 Tolerances

In order to allow for variations incident to proper grading and handling in each of the above grades, the following tolerances by counts, shall be permitted in any lot: Oregon Extra Fancy and Oregon No. 1:

(1) For defects at shipping point; eight percent for fruit which fails to meet the requirements of the specified grade; provided that included in this amount not more than four percent shall be allowed for defects causing serious damage, including in this latter amount not more than two percent of fruit affected by internal breakdown, freezing, or decay.

(2) For defects enroute or at destination; nine percent for fruit which fails to meet the requirements of the specified grade, provided that included in this amount not more than the following percentages shall be allowed for defects:

(a) Eight percent for permanent defects;

(b) Six percent for defects causing serious damage, including therein not more than four percent for serious damage by permanent defects and not more than two percent for fruit affected by internal breakdown or decay.

History

Statutory/Other Authority: ORS 561.190 & 632.905
Statutes/Other Implemented: ORS 632.905
AD 10-1992, f. & cert. ef. 9-9-92

Or. Admin. R. 603-051-1020 Application of Tolerances

The contents of individual containers in the lot, based on sample inspection, are subject to the following limitations. Individual samples shall consist of not less than 50 fruit, and shall not have more than double a specified tolerance except that at least two defective specimens may be permitted in any sample, provided that not more than one fruit affected by internal breakdown, freezing or decay be permitted in any sample and that the average for the entire lot is within the tolerances specified for the grade.

History

Statutory/Other Authority: ORS 561.190 & 632.905
Statutes/Other Implemented: ORS 632.905
AD 10-1992, f. & cert. ef. 9-9-92

Or. Admin. R. 603-051-1030 Standard Pack

(1) Fruit shall be fairly uniform in size and shall be packed in boxes, flats, lugs, or cartons and arranged according to approved and recognized methods. Containers shall be well filled and contents tightly packed, but shall not be excessively or unnecessarily bruised by overfilling or oversize. Fruit in the shown face of the container shall be reasonable representative in size and quality of the contents.

(2) When packed in closed containers the size shall be indicated by marking the container with the numerical count or the minimum size packed.

(3) Boxes, flats, lugs, or cartons:

(a) Fruit packed in cell containers or compartments, fiberboard fillers, or molded trays shall be of proper size for the cells, fillers, or molds in which they are packed, and conform to the marked count;

(b) In order to allow for variation incident to proper packing in containers, the number of fruit shall not vary more than two from the marked count.

(4) When numerical count is not shown, the minimum size shall be plainly marked on the container.

(5) In order to allow for variation incident to proper sizing and packing, not more than 10 percent of containers in any lot may fail to meet these requirements.

History

Statutory/Other Authority: ORS 561.190 & 632.905
Statutes/Other Implemented: ORS 632.905
AD 10-1992, f. & cert. ef. 9-9-92

Or. Admin. R. 603-051-1040 Classification of Defects

(1) Bruises:

(a) Injury — When any slight indentation of the fruit or discoloration extends more than 1/16 inch in depth. When not smooth, or aggregating more than the area of a circle 3/8 inch in diameter;

(b) Damage — When any slight indentation of the fruit or discoloration extends more than 1/8 inch in depth. When not smooth, or aggregating more than the area of a circle 1/2 inch in diameter.

(2) Leaf or Limbrub:

(a) Injury — When any leaf or limbrub is cracked, softened, more than very slightly depressed, not light in color, or exceeding an aggregate area of 3/4 inch in diameter;

(b) Damage — Any one of the following or any combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(A) Any limbrubs which are cracked, softened, or more than slightly depressed;

(B) Black discoloration caused by limbrubs, which exceed an aggregate area of 3/8 inch in diameter;

(C) Dark brown discoloration or excessive roughness caused by limbrubs which exceed an aggregate area of 3/4 inch in diameter;

(D) Slightly rough, light colored discoloration caused by limbrubs which exceeds an aggregate area of smooth, light colored discoloration 3/4 inch in diameter;

(E) Smooth, light colored discoloration caused by limbrubs which exceeds an aggregate area of one inch in diameter.

(3) Russeting:

(a) Injury:

(A) Smooth skin varieties should not have any russeting. Full russeted varieties should not have rough russet marks;

(B) On Kosui and other partial russet varieties and on Hosui and other complete russet types, any amount of smooth russeting shall be permitted whether from natural causes or stimulated by artificial means; leaf whips or light limbrubs which resemble and blend into russeted areas shall be considered as russet.

(b) Damage — Russeting which exceeds the following:

(A) On all varieties excessively rough russeting (russeting which shows “frogging” or slight cracking) when the aggregate area exceeds 1/2 inch in diameter;

(B) On Nijisseiki and other clear skin varieties, no rough or thick russet nor slight russeting such as is characteristic of frost injury, when the aggregate area exceeds 1/2 inch in diameter;

(C) On Kosui and other partially russeted types, and on Hosui and other compete russet types, any amount of characteristic smooth russeting shall be permitted whether from natural causes, or stimulated by artificial means; leaf whips and light limbrubs which resemble and blend into russeted areas shall be considered as russet.

(4) Sprayburn and Sunburn:

(a) Injury — None allowed;

(b) Damage — Sunburn or sprayburn where the skin is blistered, cracked, or shows any tan or brownish color, or the shape of the pear is appreciably flattened, or the flesh is appreciable softened or changed in color, except that sprayburn of a russet blemish character shall be considered under the definition of blemish.

(5) Hail and Scars:

(a) Injury — Shallow hail marks or other similar depressions or scars where the injury affects an aggregate area for more than 1/8 inch in diameter;

(b) Damage — Shallow hail marks or other similar depressions or scars where the injury affects an aggregate area of more than 1/4 inch in diameter.

(6) Drought Spot:

(a) Injury — None allowed;

(b) Damage — Drought spot when more than one in number, or when the external injury exceeds an aggregate area of 3/8 inch, or when the appearance of the flesh is materially affected by corky tissue or brownish discoloration.

(7) Disease:

(a) Injury — None allowed;

(b) Damage:

(A) Scab spots which are black and which cover an aggregate area of more than 1/4 inch in diameter except that scab spots of a russet character shall be considered under the definition of russeting;

(B) Sooty blotch which is thinly scattered over five percent of the surface, or dark, heavily concentrated spots which affect an area of more than 3/8 inch in diameter.

(8) Insects:

(a) Injury — None allowed;

(b) Damage — More than one healed codling moth sting, or any insect sting which is over 3/32 inch in diameter, or other insect stings affecting the appearance to an equal extent.

(9) Healed Skin Breaks:

(a) Injury — None allowed;

(b) Damage:

(A) Small inconspicuous skin breaks less than 1/8 inch in diameter or depth, shall not be considered damage. In addition, not more than 15 percent of the pears in any container may have more than one skin break from 1/8 inch to 3/16 inch, inclusive, in diameter or depth;

(B) Any pear with one skin break larger than 3/16 inch in diameter or depth, or with more than one skin break 1/8 inch or larger in diameter or depth shall be considered damaged and scored against the grade tolerance.

(10) Discoloration:

(a) Injury:

(A) Black discoloration which exceeds an aggregate area of 1/4 inch in diameter;

(B) Dark brown discoloration which exceeds an aggregate area of 1/2 inch in diameter;

(b) Damage:

(A) Black discoloration which exceeds an aggregate area of 3/8 inch in diameter;

(B) Dark brown discoloration which exceeds an aggregate area of 3/4 inch in diameter;

(11) Growth Cracks:

(a) Injury:

(A) When not healed;

(B) When more than one in number;

(D) When more than 1/4 inch in length.

(b) Damage:

(A) When not healed and more than 1/8 inch in length or depth;

(B) When healed and more than 1/4 inch in depth;

(12) Cork Spot:

(a) Injury — When a pear has depressions or the flesh is more than slightly affected;

(b) Damage — When more than one is visible externally or when the flesh is more than materially affected.

History

Statutory/Other Authority: ORS 561.190 & 632.905
Statutes/Other Implemented: ORS 632.905
AD 10-1992, f. & cert. ef. 9-9-92

Or. Admin. R. 603-051-1050 Declaration of Policy

Certification of agricultural products, such as Allium seed is a function of the Department of Agriculture ORS 632.940. Participation by Allium seed companies and seed growers in the certification program shall be voluntary. These regulations may be reviewed annually by the Department and Program participants.

History

Statutory/Other Authority: ORS 632.900 - 632.990, 570.305 & 561.990
Statutes/Other Implemented: ORS 632.940
DOA 12-2005, f. & cert. ef. 3-11-05

Or. Admin. R. 603-051-1051 Definitions

As used in OAR 603-051-1050 to 603-051-1054, unless the context requires otherwise:

(1) “Department” means the Oregon Department of Agriculture.

(2) “Allium” refers to Allium cepa, Allium sativum, Allium fistulous and Allium ampeloprasum for the purposes of this program.

(3) “Allium seed” refers to cloves and bulbs and the plants that form them. The seed harvested from such plantings are intended for use as vegetative seed for either future seed crops or for commercial plantings. Also included are any Allium plants grown from true seed to be harvested for vegetative bulbs and or cloves to be used as vegetative seed.

(4) “White rot” refers to the Allium disease incited by the fungal pathogen Sclerotium cepivorum.

(5) “Sclerotia” means the reproductive propagules of Sclerotium cepivorum.

(6) “Infested” means soil, fields, seedlots, boxes or equipment contaminated with sclerotia.

(7) “Infected” means Allium plants in which the pathogen is actively growing and decaying roots, cloves or bulb.

(8) “Field unit” means a planting of Allium separated from other Allium plantings by at least 20 feet. Certifiable field units may be planted from identical seed sources. Field units are certifiable only if planted with certified seed.

(9) “Certified seed” means seed that has been officially inspected and found to be free of white rot.

History

Statutory/Other Authority: ORS 632.900 - 632.990, 570.305 & 561.990
Statutes/Other Implemented: ORS 632.940
DOA 12-2005, f. & cert. ef. 3-11-05

Or. Admin. R. 603-051-1052 Requirements and Conditions for Certification

Certification by the Department shall not imply or be construed as any warranty of the Department or their employees as to the condition of the Allium seed. The following conditions shall be met in order to qualify for consideration of certification of vegetative Allium seed.

(2) Any field unit entered in this certification program shall be kept in a thrifty growing condition and free of plant pests. If in the judgment of the Department there is too much other disease present, or other conditions that preclude easily distinguishing plants with white rot symptoms from plants not infected with white rot, then the field unit will be deemed incapable of being certified.

(3) Plants growing in the field unit must be discernibly free of white rot to qualify for certification. Any plant or plants within the field unit found with white rot will disqualify the entire field unit from certification. A sample of the infected plants will be collected by the Department for confirmation. One or more of the infected plants within a field unit will be flagged by the Department.

(4) The Department will inspect the field units at least two weeks prior to termination of irrigation.

History

Statutory/Other Authority: ORS 632.900 - 632.990, 570.305 & 561.990
Statutes/Other Implemented: ORS 632.940
DOA 12-2005, f. & cert. ef. 3-11-05

Or. Admin. R. 603-051-1053 Procedures for Certification

(1) In accordance with ORS 632.940, certification and the supervision of activities relating thereto, shall be in the Department. Inspection and testing procedures prescribed in this certification program may be carried out by the Department, and shall be conducted at such times and in such a manner as is acceptable by the Department.

(2) The methods and procedures used for field inspections shall conform to Department standards and shall be conducted in a manner and time as determined by the Department.

(3) All Allium seed meeting the requirements of this certification program shall have identification evidencing the same as Oregon Certified Allium seed.

(4) The Department will provide an official certificate.

(5) Any person selling or offering for sale, any Allium seed identified by official certificate as Oregon Certified Allium Seed shall be deemed to be responsible for the identity of such stock. All Oregon Certified Allium Seed offered for sale shall be handled in accordance with accepted commercial practices.

(6) Certification shall be refused if any white rot is found within the field unit. Such field units shall be considered infested and ineligible for participation in the program.

History

Statutory/Other Authority: ORS 632.900 - 632.990, 570.305 & 561.990
Statutes/Other Implemented: ORS 632.940
DOA 12-2005, f. & cert. ef. 3-11-05

Or. Admin. R. 603-051-1054 Application for Certification and Fees

(1) Application for certification shall be made on a form prescribed by the Department and shall be submitted to the Department by March 15 of each year so as to provide sufficient time for inspection of Allium field units. The application must include a copy of the official documentation for the certified seed that has been planted in the field unit(s). The Department may refuse applications received after this date.

(2) The application shall contain the information required thereon, including the consent of the applicant for the Department to obtain samples for inspection and testing purposes.

(3) The ODA will operate this program on a cost-recovery basis. Fees charged by the Department are payable on or before December 31 of each year, and are for the sole purpose of defraying expenses incurred by the Department in the inspection, testing and certification procedures provided for in this certification program. Payment thereof shall not be construed as granting any right or privilege to the applicant.

History

Statutory/Other Authority: ORS 632.900 - 632.990, 570.305 & 561.990
Statutes/Other Implemented: ORS 632.940
DOA 12-2005, f. & cert. ef. 3-11-05

Division 52 PEST AND DISEASE CONTROL

Or. Admin. R. 603-052-0020 Exemption from Quarantine Orders

(1) The department may issue special permits allowing movement into this state, or movement within this state, of restricted commodities not otherwise eligible for movements under the provisions of a quarantine order. Any movement under a special permit shall be subject to any conditions or restrictions set forth in the permit, and these conditions and restrictions may vary depending on the intended use of the commodity and the potential risk of escape or spread of the pest quarantined against.

(2) The provisions of a quarantine order shall not apply to experimental shipments of restricted commodities moved by, or at the request of, the U.S. Department of Agriculture.

(3) The provisions of this section shall take precedence over any exemption provision in a quarantine order that is in conflict herewith.

History

Statutory/Other Authority: ORS 561
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 1-1987, f. & ef. 1-30-87

Or. Admin. R. 603-052-0030 Plum Curculio Quarantine

A quarantine is established against the following pest, its host and possible carriers:

(1) Pest. Plum curculio, Conotrachelus nenuphar (Herbst) (Coleoptera: Curculionidae), is a native weevil found throughout the eastern United States and Canada. It is a common and serious pest of all stone fruits and, to a lesser extent, of apple and pear. The larvae live within the fruit of their host plants.

(2) Area Under Quarantine:

(A) In the eastern United States and Canada, all states and provinces east of and including Manitoba, North Dakota, South Dakota, Nebraska, Kansas, Oklahoma and Texas.

(B) In Utah, Box Elder County.

(3) Articles and Commodities Covered:

(a) Fresh fruit of all plants listed below:

(A) Apple (Malus spp.);

(B) Apricot (Prunus persica)

(D) Cherry, Choke (P. virginiana);

(E) Cherry, pin (P. pensylvanica);

(F) Cherry, sand (P. pumila);

(G) Cherry, sour (P. cerasus);

(H) Cherry, sweet (P. avium);

(I) Crabapple (Malus spp.);

(J) Hawthorn (Crataegus spp.);

(K) Nectarine (Prunus persica nectarina);

(L) Peach (P. persica);

(M) Pear (Pyrus communis);

(N) Plum, American (wild) (Prunus alleghaniensis)

(O) Plum, beach (P. maritima);

(P) Plum, European (P. domestica);

(Q) Plum, Japanese (P. salicina);

(R) Prune (P. spp.)

(S) Quince (Cydonia oblonga).

(b) Soil or other growing medium within the drip zone of plants producing, or which have produced, fruit as listed in subsection (a) of this section.

(4) Restrictions:

(a) Certification Required. Articles and commodities covered which are produced in or shipped from the area under quarantine are prohibited entry into the state of Oregon unless each lot or shipment is accompanied by a certificate issued by and bearing the original or facsimile signature of the authorized agricultural official of the state from which the article or commodity is shipped evidencing compliance with subsections (c), (d), (f), or (g) of this section. No certificate is required for commodities meeting the requirements of subsections (b) or (e) of this section;

(b) Reshipments in Original Containers from Area Under Quarantine of Commodities Grown Outside Thereof. Commodities in original unopened containers, each bearing labels or other identifying marks evidencing origin outside the area under quarantine, may be reshipped to this state from any point within the area under quarantine;

(c) Repacked Commodities Admissible from Area Under Quarantine if Certified Grown Outside Thereof. Provided each lot or shipment is certified by an authorized agricultural official to have been grown outside the area under quarantine and that continued identity has been maintained while within the area under quarantine, the commodities may be repacked and shipped by common carrier from any point within the area under quarantine to this state. The certificate shall set forth the state in which commodities were grown, point of repacking and reshipment, amount and kind of commodities comprising the lot or shipment, and the names and addresses of the shipper and consignee;

(d) Apple Exposed to Controlled Atmosphere (CA) Storage Admissible Under Certificate. Apples which are exposed to controlled atmosphere (CA) storage for a continuous period of ninety (90) days, during which period the temperature within the storage room is maintained at thirty-eight degrees (38°) F (3.3° C) or less, may be admitted into Oregon provided said storage room or building is approved by the proper authorities in the state of origin as a controlled atmosphere facility and further provided each lot or shipment of such apples to Oregon is accompanied by a certificate, as stated in subsection (a) of this section, evidencing compliance with the minimum requirements of this section;

(e) Solid Frozen Fruits Exempt. No restrictions are placed by this regulation on the entry into this state of fruits which upon arrival are frozen solid and which are under refrigeration to assure their solid frozen state;

(f) Shipments from Cold Storage at 32° F (0° C). Commodities covered which are held in cold storage for a continuous period of forty (40) days or more, during which period the temperature within the storage room is maintained at thirty-two degrees Fahrenheit (32° F) (0° C) or less, may be admitted into Oregon provided each lot or shipment is accompanied by a certificate, as stated in subsection (a) of this section, evidencing compliance with the minimum requirements of this paragraph;

(g) Soil or Growing Media When Certified. Soil or growing media specified in subsection (3)(b) of this rule is admissible when certified as treated at origin in a manner approved by the Director

History

Statutory/Other Authority: ORS 561 & 570.305
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 11-2011, f. & cert. ef. 7-20-11
AD 19-1994, f. & cert. ef. 11-15-94

Or. Admin. R. 603-052-0051 Quarantine: Grape Pests and Diseases

(1) Establishing Quarantine: A quarantine is established against harmful pests and diseases of grapes ( Vitis spp.).

(2) Area Under Quarantine: All states, districts, and territories of the United States, and in Oregon, any property where a harmful pest or disease is found (see Section (4)).

(3) Commodities Covered: Plants, vines, cuttings, seeds, any plant parts used for propagation, fruit, and all other plant parts of grape ( Vitis spp.).

(4) Harmful Pests and Diseases: Grapevine fanleaf virus , Grapevine leaf roll-associated viruses, Grapevine virus A , Grapevine virus B , Grapevine red blotch virus , grapevine phylloxera ( Daktulosphaira vitifoliae , Viteus vitifoliae ), vine mealybug ( Planococcus ficus ), European grapevine moth ( Lobesia botrana ), Pierce’s Disease ( Xylella fastidiosa ), and Xiphinema index .

(5) Restrictions: All covered commodities are prohibited entry into the State of Oregon unless they meet the requirements in (a) through (i) below:

(a) Field soil in association with any covered commodity is prohibited. Rooted plants must be produced in sterile, soil-less media. Other commodities are permitted entry subject to the following:

(A) Field-grown bare-root plants or cuttings from field-grown plants must be subject to one of the following treatments and stored so as to prevent re-infestation: [a] Washed so as to remove all soil or other growing media and immersed in hot water for not less than 3 nor more than 5 minutes at a temperature of not less than 125 degrees Fahrenheit (52 degrees Celsius) nor more than 130 degrees Fahrenheit (55 degrees Celsius) or [b] fumigated with methyl bromide at a rate of 2 lbs per 100 cubic feet (0.908 kg per 28 cubic meters) for 3 hours, at 65 to 70 degrees Fahrenheit (18.3 to 21.2 degrees Celsius) or [c] treated with another method approved by the Department.

(B) Visual inspection and certification for freedom from field soil or certification that commodities were produced in sterile, soil-less media.

(b) Vitis spp. plants and plant parts intended for propagation, including cuttings, bare-root plants, and rooted plants must be treated with an approved insecticide effective against vine mealybug or shall originate from an area known to be free of vine mealybug. If plants are rooted, treatment for any pests that may be present on the roots must also be applied prior to shipment.

(c) Vitis spp. seeds for sowing shall originate from mother plants tested and found free of nepoviruses or shall originate from mother plants grown in an area known to be free of nepoviruses.

(d) Vitis spp. plants and plant parts intended for propagation, including cuttings, bare-root plants, and rooted plants but not including fruit or seeds must be sampled, tested, and found free of Xylella fastidiosa . Testing is not required for covered commodities originating from an area that has been officially surveyed and found free from X. fastidiosa .

(A) The X. fastidiosa sampling procedures are as follows:

(i) Samples shall be taken from plants located in lots identified for shipment to Oregon and shall be done under the direct supervision of state regulatory officials.

(ii) Sampling of each lot intended for shipment to Oregon must be done in a manner that provides 95% confidence that an infestation level of 1.0% or higher will be detected as described in the International Standards for Phytosanitary Measures ISPM No. 31, last modified August 2011.

(iii) Samples of non-dormant (actively growing) plants must be taken within 60 days of the shipment of the plants to Oregon. Samples shall be composed of petiole and/or midrib tissue, with one sample comprised of three to five leaves from a single plant. If foliar symptoms are present, the symptomatic leaf tissue must be tested.

(iv) Sampling of dormant plants shall be of xylem tissue from mature branches (such as woody cuttings). These samples must be taken within the 60 days prior to leaf drop during the previous growing season. Alternatively, sampling of these plants must be done on newly emerged leaves no less than 10 days after bud break.

(B) Analysis procedures for X. fastidiosa are as follows:

(i) Analysis of samples for X. fastidiosa shall be done using approved ELISA or PCR methods and performed by a laboratory operated by an official state or federal regulatory agency or by an approved cooperator.

(ii) Samples from up to five individual plants may be combined (bulked) for analysis purposes.

(e) Beginning January 1, 2023, all Vitis spp. plants and plant parts intended for propagation, including cuttings, bare-root plants, and rooted plants must originate from an official certification program approved by the department. The certification program must include inspection and testing and attest to the freedom of Vitis spp. plants and plant parts from harmful pests and diseases.

(f) Beginning September 1, 2021, all Vitis spp. plants and plant parts intended for propagation, including cuttings, bare-root plants, and rooted plants, not derived from an official certification program, and entering Oregon must meet all other requirements of this quarantine and also must be derived from mother vines that have been tested and found free from Grapevine red blotch virus and Grapevine leafroll-associated virus 3 within the previous year. Testing must be done using a laboratory and methods approved by the Department.

(g) Vitis spp. fruit may be imported under the following conditions:

(A) Table grapes must be commercially packed in compliance with USDA recommendations for protecting perishable food products shipped interstate by truck (USDA-Agricultural Marketing Service-Transportation and Marketing Programs, In: Protecting Perishable Foods During Transport by Truck, Handbook No. 669 (2008), pp. 40-41). Table grapes shipped under these conditions may be shipped without an official phytosanitary certificate.

(B) Shipments of wine grapes must be accompanied by documentation that establishes that the wine grapes have been:

(i) Harvested from a county known to be free of vine mealybug or from a vineyard that has been officially inspected and found free of vine mealybug; or,

(ii) The fruit has been hand harvested from a vineyard infested with vine mealybug and shipped in a covered container. Any pomace resulting from pressing of the wine grapes must be placed in piles located away from vineyard rows and securely covered with clear plastic for four (4) weeks or composted for four (4) weeks or any other appropriate method approved by the Department before spreading in vineyards rows.

(h) Phytosanitary Certificate Required: All shipments of covered commodities entering Oregon must be accompanied by a phytosanitary certificate issued by an official of the state of origin certifying that shipment has been inspected and to the best of the knowledge of the inspecting official are free from harmful pests and diseases. In addition, the phytosanitary certificate must also certify that:

(A) Rooted plants were grown in sterile soil-less media.

(B) Covered commodities are free from field soil.

(C) Field-grown bare-root plants or cuttings from field-grown plants have been treated using one of the methods described in (5)(a)(A).

(D) Vitis spp. plants and plant parts intended for propagation, including cuttings, bare-root plants, and rooted plants have been treated as described in (5)(b) or originate from an area where vine mealybug is not known to occur.

(E) For Vitis spp. plants and plant parts intended for propagation, including cuttings, bare-root plants, and rooted plants the phytosanitary certificate must include one of following additional declarations:

(i) "Grape plants in this shipment originate from an area that has been officially surveyed and found free of Xylella fastidiosa ," OR

(ii) "A representative sample of [fill in number tested] grape plants in this shipment has been tested and found free of Xylella fastidiosa ."

(F) NOTE: Depending on origin, other State quarantines may apply (e.g. glassywinged sharpshooter, European brown garden snail, Japanese beetle) and may require other additional declarations on the phytosanitary certificate.

(G) Beginning September 1, 2021, phytosanitary certificates for Vitis spp. plants and plant parts intended for propagation, including cuttings, bare-root plants, and rooted plants must include one of the following additional declarations:

(i) “Grape plants in this shipment originated from an approved certification program”; or

(ii) “Grape plants in this shipment were derived from mother vines that have been tested and found free from Grapevine red blotch virus and Grapevine leafroll-associated virus 3 within the previous year.”

(H) Beginning January 1, 2023, phytosanitary certificates for Vitis spp. plants and plant parts intended for propagation, including cuttings, bare-root plants, and rooted plants must include the following additional declaration:

(i) “Grape plants in this shipment originated from an approved certification program.”

(ii) Notification of regulated commodity shipments of Vitis spp. plants, cuttings, or similar propagative material is required as described in OAR 603-054-0027, Notification of Imported Trees and Shrubs. The Department may require that shipments be held until inspected and released. If the recipient is not a licensed nursery, the Department may charge established rates for time and mileage to recover the cost of inspection. Notification shall be via mail, FAX or e-mail to: Nursery Program Manager, Plant Protection and Conservation Program Area, Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301; FAX 503-986-4564; quarantine@oda.oregon.gov. Recipients shall notify the Department no later than two days after its arrival, the following shipment information:

(A) the number of grapevines, rootstocks, seeds, or softwood cuttings;

(B) shipper’s name and address;

(D) the approximate date of delivery; and

(E) applicable copies of phytosanitary certificates and lab reports.

(6) Control and eradication methods for harmful pests and diseases. Control and eradication methods used shall only be those approved by the Department and will be based on the best available science. These methods may include:

(a) Destruction of infected plants or composting of infected fruit, including pomace;

(b) A directive specifying implementation of Departmentally approved mitigation measures to prevent the spread of the harmful pest or disease;

(c) A directive requiring the equipment, tools, and machinery used within an infested area be thoroughly cleaned of all dirt and debris by the use of steam under pressure.

(7) Properties within Oregon. Properties where harmful pests and diseases are known to occur must implement mitigation methods as approved by the Department to prevent further spread of the harmful pest or disease as provided in subsection (6) of this rule.

(8) Violation of Quarantine. All covered commodities determined to be in violation of this quarantine, shall be immediately returned by the recipient to the point of origin or, at their option and without expense or indemnity paid by the Department, or, consistent with the provisions in ORS 561.605 - 630, destroyed. Violation of this quarantine may result in a fine, if convicted, of not less than $500 nor more than $5,000 as provided by ORS 561.990(4). Violators may be subject to civil penalties of up to $10,000 as provided by 561.995 and 570.990 and 570.995. Nursery licenses of violators may also be suspended or revoked as provided by 571.125. The imposition of civil penalties is subject to ORS 183.745.

(9) Exceptions. The Department, upon receipt of an application in writing, may issue a special permit allowing movement into this state, or movement within this state, of regulated commodities not otherwise eligible for movement under the provisions of this quarantine order. Movement of such commodities will be subject to any conditions or restrictions stipulated in the special permit, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape or spread of a harmful pest or disease.

(10) Review. The Department and other interested parties shall review the quarantine pest list and restrictions biennially for accuracy and effectiveness.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 11-2026, minor correction filed 01/29/2026, effective 01/29/2026
DOA 9-2021, amend filed 03/30/2021, effective 04/01/2021
DOA 8-2015, f. & cert. ef. 5-29-15
DOA 12-2014, f. & cert. ef. 7-29-14
DOA 5-2010, f. & cert. ef. 1-28-10
DOA 2-2005, f. & cert. ef. 2-14-05
DOA 14-2002, f. & cert. ef. 5-23-02
Reverted to AD 939(7-71), f. 8-18-71, ef. 9-1-71
Suspended by DOA 19-2001(Temp), f. & cert. ef. 9-11-01 thru 2-22-02
AD 939(7-71), f. 8-18-71, ef. 9-1-71
AD 913(19-69), f. 12-26-69, ef. 1-25-70

Or. Admin. R. 603-052-0075 Quarantine; Chestnut Blight

(1) A quarantine is established against chestnut blight, a disease of chestnuts (Castanea spp.) which is caused by the fungus Cryphonectria parasitica (Endothia parasitica), and against all insect pests of chestnuts, including: large chestnut weevil (Curculio caryatrypes), small chestnut weevil (Curculio sayi), nut curculio (Conotrachelus spp.), and oriental chestnut gall wasp (Dryocosmus kuriphilus).

(2) Area Under Quarantine. All states and districts of the United States are included.

(3) Commodities Covered. All trees, plants, cuttings, scions, tissue cultures, and nuts in shell of all species and varieties of chestnut (Castanea spp.) and chinquapin (Castanopsis spp.).

(4) Provisions of the Quarantine:

(a) From all states and districts east of and including Colorado, Montana, New Mexico, and Wyoming, no chestnut (Castanea spp.) or chinquapin (Castanopsis spp.) trees, plants, cuttings, scions, tissue cultures, and nuts in shell may be shipped into Oregon except by special permit by the Director of the Oregon Department of Agriculture as provided in OAR 603-052-0020;

(b) From all states west of Colorado, Montana, New Mexico, and Wyoming, trees, plants, cuttings, scions, tissue cultures, and nuts in shell of chestnut and chinquapin may be shipped into Oregon provided that each shipment is accompanied by a certificate bearing the original signature of an authorized agricultural official affirming that the plant material has been inspected and found free from chestnut blight, that the plant material has been grown in the shipping state for at least two years and that chestnut blight disease, large chestnut weevil, small chestnut weevil, nut curculio, Conotrachelus spp., and oriental chestnut gallwasp are not known to occur in the production area. Such document shall be sent to the Oregon Department of Agriculture, c/o Plant Program Area Director, 635 Capitol Street, N.E., Salem, OR 97310, ten days prior to shipment of stock;

(c) Any and all varieties and species of the chestnut and chinquapin trees, (Castanea spp. and Castanopsis spp.), tissue cultures, parts or the nuts thereof arriving in the state of Oregon without proper documentation will be immediately sent out of the state or destroyed at the option and expense of the owner(s) or his or their responsible agent(s).

(5) Exemptions: No restrictions are placed by this quarantine upon the shelled nuts of all species and varieties of chestnut and chinquapin grown in and imported from foreign countries when reshipped into or arriving in this state in the unopened original container.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 5-2014, f. & cert. ef. 4-29-14
DOA 3-2013, f. & cert. ef. 3-1-13
AD 2-1988, f. & cert. ef. 3-10-88
Quarantine Order No. 27(A series), cert. ef. 2-5-37

Or. Admin. R. 603-052-0114 Quarantine; Dutch Elm Disease and Elm Yellows Phytoplasma

(1) Establishing a Quarantine. A quarantine is established against the fungus Ophiostoma novo-ulmi, currently the fungus that causes Dutch elm disease in North America and related species O. ulmi and elm yellows (elm phloem necrosis) phytoplasma.

(2) Areas under Quarantine:

(a) In Oregon, the counties of: Benton, Clackamas, Jackson, Lane, Linn, Malheur, Marion, Multnomah, Polk, Union, Washington and Yamhill

(b) All states and districts of the United States except Alaska, Arizona, Florida, Hawaii, New Mexico and Utah.

(3) Commodities Covered. All trees, plants, cuttings, scions, leaves, bark, roots, or other parts, except seed, of all species of elm (Ulmus spp.) and of the related genera Zelkova and Planera, including wood products manufactured from bark-bearing parts thereof. Tissue culture plantlets in sealed, sterile containers are exempt from this regulation.

(4) Restrictions:

(a) Commodities Prohibited from Quarantine Areas. All commodities described in section (3) of this rule originating or grown within or shipped from any state or district described in subsection (2)(b) of this rule, except as provided in subsection (b) of this section, are prohibited entry into the State of Oregon whether moved direct from said areas or diverted or reconsigned from any such areas. All tools or equipment utilized in the pruning or disposal of infected commodities are also prohibited entry into the State of Oregon unless they are decontaminated by an approved method therefore;

(b) Commodities Admitted Under Origin Certificate. Commodities described in section (3) of this rule may be permitted entry into the State of Oregon if each lot or shipment is accompanied by a certificate issued by an official state agency of the state of origin certifying the kind and amount of commodities covered by the certificate, that all such commodities are a product of the state from which shipped or of another state within which neither Dutch Elm Disease nor Elm Yellows phytoplasma is known to occur, that such commodities are free from the described disease, and setting forth in either case the name of the state where produced;

(c) Commodities Restricted Within Quarantine Areas. With exception of commercially produced nursery stock, commodities described in section (3) of this rule situated within the counties described in subsection (2)(a) of this rule, are prohibited movement within or outside said areas except for the transportation of such commodities to locations authorized by the Department for the burning, burial, or other approved method of disposal thereof. All tools or equipment utilized in the pruning or disposal of infected commodities are also prohibited movement within or outside said areas unless they are decontaminated by an approved method therefore.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600 & 570.305
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 3-2013, f. & cert. ef. 3-1-13
DOA 2-2007, f. & cert. ef. 1-30-07
DOA 3-2005, f. & cert. ef. 2-4-05
AD 3-1995, f. & cert. ef. 4-5-95
AD 24-1977, f. 10-25-77, ef. 11-15-77
AD 1088(11-76), f. 3-22-76, ef. 4-1-76

Or. Admin. R. 603-052-0115 Quarantine; Blueberry Maggot

(1) Establishing Quarantine. A quarantine is established against blueberry maggot (Rhagoletis mendax).

(2) Area under Quarantine. All states, districts, and territories of the United States east of and including the States of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas. All states of the United States west of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas are not included therein.

(3) Commodities Covered. All fresh fruit of blueberry and blueberry plants (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection).

(4) All commodities covered are prohibited entry into Oregon from the area under quarantine with the exception of items listed in (5) below.

(5) Exceptions:

(a) No restrictions are placed by this quarantine upon the entry into the State of Oregon of fruits which upon arrival are frozen solid and which are held under refrigeration to assure their solid frozen state;

(b) Fruits affected by this quarantine, which have been held in cold storage for a continuous period of at least 40 days during which period the temperature in said cold storage area has been maintained at 32° F or less, may be admitted into the State of Oregon providing that the lot or shipment of the same is accompanied by an official certificate, issued by an agency of the state of origin authorized to do so, evidencing compliance with the requirements of this subsection.

(c) Fruits that are accompanied by an official certificate showing that they have been treated with a fumigant effective against blueberry maggot according to label instructions.

(6) Disposition of Commodities in Violation of Quarantine. All commodities described in section (3) of this rule inspected by the Department and determined to be in violation of this quarantine and not permitted entry pursuant to section (5) of this rule, shall be immediately returned by the person receiving the same to the point of origin or, at his option and without expense or indemnity paid by the Department, destroyed by such person.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600 & 570.305 - 570.325
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 7-2012, f. & cert. ef. 3-26-12
DOA 2-2007, f. & cert. ef. 1-30-07
AD 10-1997, f. & cert. ef. 7-2-97
AD 1033(20-74), f. 6-26-74, ef. 7-25-74

Or. Admin. R. 603-052-0116 Quarantine; Peach Yellows Phytoplasma

(1) Establishing a Quarantine. A quarantine is established against the disease of peach known as Peach Yellows Phytoplasma.

(2) Areas under Quarantine. Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, North Carolina, New Jersey, New York, Ohio, Pennsylvania, South Carolina, Texas, Tennessee, Virginia, and Ontario.

(3) Commodities Covered:

(a) Propagating parts, except seeds, and any tree budded or grafted on understock of the following species of plum which are symptomless carriers of Peach Yellows, phytoplasma:

(A) Native American plum, Prunus hortulana and P. americana;

(B) Common or European plum, P. domestica;

(D) Myrobalan plum, P. cerasifera;

(E) Othello plum, P. cerasifera var. atropur-purea;

(F) Wild goose plum, P. munsoniana.

(b) All trees, roots, stalks, cuttings, grafts, scions, and buds of all species and varieties of Prunus;

(4) Exceptions:

(a) Seedling trees or trees budded on admissible rootstock which are grown from seed and shipped in one growing season may be certified provided any budwood used in the production of such trees meets the conditions of subsection (c) of this section and Peach Yellows disease has not occurred during the growing season either on or within one mile of the growing ground property;

(b) Certificates may be issued for reshipment of dormant host trees and propagative parts which have been produced outside the areas under quarantine and have remained dormant while within such areas. Certificates shall state the name of the state where produced;

(c) Species and varieties other than symptom-less carriers may be shipped into this state provided they are properly labeled as to scientific name and each lot or shipment is accompanied by a state-of-origin inspection certificate certifying that the following conditions have been met:

(A) Adequate surveys have been made by state agricultural officials, at the proper time in relation to diseases and hosts, and as Peach Yellows disease has not been found during the last two growing seasons previous to digging the trees or taking the buds either on or within one mile of the growing grounds or bud source properties; and

(B) The growing premises have been free from any prohibited symptomless species of plum trees or any other tree growing on any prohibited species of plum understock and, during the last two growing seasons previous to digging the trees or taking the buds, any prohibited symptomless species of plum trees has not existed within one mile of the growing premises or bud source properties.

(5) Disposition of Commodities in Violation of Quarantine. Commodities shipped in violation of this quarantine shall be refused entry into this state and shall be immediately sent out of this state or, at his option and without expense to or indemnity paid by the Department, destroyed under departmental supervision by the person receiving the same. Violators may also be subject to civil penalties of up to $10,000 as provide by Oregon Laws 1999, Chapter 390, section 2.

(6) Special Permits. This section does not apply to experimental shipments moved by, or at the request of, the United States Department of Agriculture. The Department, upon receipt of an application in writing, may issue a special permit allowing entry into this state of quarantined commodities for research purposes only. Movement of such commodities shall be subject to any conditions or restrictions stipulated in the permit.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600 & 570.305
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 3-2013, f. & cert. ef. 3-1-13
DOA 7-2012, f. & cert. ef. 3-26-12
DOA 1-2006, f. & cert. ef. 1-13-06
DOA 6-2005, f. & cert. ef. 2-15-05
AD 3-1995, f. & cert. ef. 4-5-95
AD 1085(8-76), f. & ef. 3-11-76
AD 1041(31-74), f. 8-28-74, ef. 9-25-74

Or. Admin. R. 603-052-0118 Quarantine; Peach Rosette Phytoplasma

(1) Establishing a Quarantine. A quarantine is established against the phytoplasma disease of peach known as Peach Rosette.

(2) Areas Under Quarantine. Alabama, Arkansas, Georgia, Illinois, Indiana, Kansas, Kentucky, Mississippi, Missouri, Oklahoma, South Carolina, Tennessee, Texas and West Virginia.

(3) Commodities Covered. The following commodities are hereby declared to be hosts or possible carriers of the disease herein quarantined, and are prohibited from entry into this state, either directly, indirectly, diverted, or reconsigned:

(a) Symptomless carriers of Peach Rosette, namely trees and propagating parts, except seed, of Wilson apricot (a variety of Prunus armeniaca) and Marianna plum (a hybrid variety of P. cerasifera) and any tree budded or grafted on Marianna plum understock;

(b) All trees, roots, stalks, cuttings, grafts, scions, or buds of Prunus angustifolia, P. armeniaca, P. avium, P. besseyi, P. cerasus, P. davidiana, P. domestica, P. dulcis (P. amygdalus), P. mahaleb, P. persica, P. pumila, P. salicina, P. tomentosa, P. triloba, P. virginiana, and Acer rubrum;

(4) Exceptions:

(a) Seedling trees or trees budded on admissible rootstocks which are grown from seed and shipped in one growing season may be certified, and provided any budwood used in the production of such trees meets the conditions of subsection (c) of this section, and Peach Rosette has not occurred during the growing season either on or within one mile of the growing ground property;

(A) Adequate surveys have been made by state agricultural officials, at the proper time in relation to diseases and hosts, and no Peach Rosette has been found during the last two growing seasons previous to digging the trees or taking the buds either on or within one mile of the growing premises or bud source properties;

(B) The growing premises have been found free from Wilson apricot and Marianna plum trees and any other tree growing on Marianna plum understock and, during the last two growing seasons previous to digging the trees or taking the buds, Wilson apricot or Marianna plum trees have not existed within one mile of the growing premises or the bud source properties.

(5) Disposition of Commodities in Violation of Quarantine. Commodities shipped in violation of this quarantine shall be refused entry into this state and shall be immediately sent out of the state or, at his option and without expense to or indemnity paid by the Department, destroyed under departmental supervision by the person receiving the same. Violators may also be subject to civil penalties of up to $10,000 as provided by Oregon Laws 1999, Chapter 390, section 2.

(6) Special Permits. This section does not apply to experimental shipments moved by, or at the request of, the United States agency. The Department, upon receipt of an application in writing, may issue a special permit allowing entry into this state of quarantined commodities for research purposes only. Movement of such commodities shall be subject to any conditions or restrictions stipulated in the permit.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600 & 570.305
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 7-2012, f. & cert. ef. 3-26-12
DOA 8-2005, f. & cert. ef. 2-15-05
AD 3-1995, f. & cert. ef. 4-5-95
AD 1086(9-76), f. & ef. 3-11-76
AD 1041(31-74), f. 8-28-74, ef. 9-25-74

Or. Admin. R. 603-052-0120 Quarantine; Oak Wilt Disease

(1) Establishing a Quarantine. A quarantine is established against Oak Wilt Disease (Ceratocystis fagacearum).

(2) Area Under Quarantine. All states and districts of the United States.

(3) Commodities Covered. All rooted trees, seedling plants, cuttings, scions, bark, leaf mold, roots, or other unpeeled parts, except seed, of all species of oak (Quercus spp.), chestnut (Castanea spp.), chinquapin (Castanopsis spp.), and tanbark oak (Lithocarpus densiflora). Tissue culture plantlets in sealed, sterile containers are exempt from this quarantine.

(4) Restrictions:

(a) Commodities Prohibited from Quarantine Areas: All commodities described in section (3) of this rule originating or grown within or shipped from any state or district described in section (2) of this rule, except as provided in subsection (b) of this section, are prohibited entry into the State of Oregon whether moved directly from said areas or diverted or reconsigned from any such area;

(b) Commodities Admitted Under Origin Certificate: Commodities described in section (3) of this rule may be permitted entry into Oregon provided each lot or shipment is accompanied by a certificate issued by an official agency of the state of origin certifying that all commodities covered by the certificate are a product of the state from which shipped or of another state, neither of which is known to have oak wilt disease occur; certifying that such commodities are free from the described disease; and setting forth in either case the name of the state where produced and the kind and amount of commodities covered by the certificate.

(5) Special Permits. The Department, upon receipt of an application in writing, may issue a special permit allowing entry into the state of quarantined commodities not otherwise eligible for movement under the provisions of this quarantine. Movement of such commodities will be subject to any conditions or restrictions stipulated in the special permit, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape and spread of oak wilt.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 27-2025, minor correction filed 12/16/2025, effective 12/16/2025
DOA 5-2014, f. & cert. ef. 4-29-14
DOA 2-2007, f. & cert. ef. 1-30-07
AD 1087(10-76), f. 3-22-76, ef. 4-1-76

Or. Admin. R. 603-052-0121 Quarantine; Apple Maggot

(1) Establishing a Quarantine. A quarantine is established against apple maggot (Rhagoletis pomonella), a dipterous insect of the family Tephritidae whose larval stages live within the fruit of their host plants and cause extensive damage to such fruit.

(2) Areas Under Quarantine:

(a) Within the State of Oregon: the counties of Benton, Clackamas, Clatsop, Columbia, Coos, Curry, Douglas, Gilliam, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Sherman, Tillamook, Yamhill, Wasco, Washington, and the City of Pendleton in Umatilla County.

(b) In the western United States: California, Idaho, Utah and Washington.

(c) In the eastern United States: all states and districts east of and including the states of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma and Texas.

(3) Commodities Covered. From the areas under quarantine: all fresh fruit of hawthorne (haw); all non-commercial fresh fruit of pear; and all fresh fruit of apple (including crabapple).

(4) Restrictions:

(a) Certification Required. Commodities covered which are produced in or shipped from the area under quarantine are prohibited entry into the commercial apple producing counties of Gilliam, Grant, Hood River, Morrow, Sherman, Umatilla and Wasco counties of the State of Oregon unless each lot or shipment is accompanied by a certificate issued by and bearing the original or facsimile signature of the authorized agricultural official of the state from which the commodity is shipped evidencing compliance with subsection (e), (f), or (g) of this section. No certificate is required for commodities meeting the requirements of subsection (c) or (d) of this section;

(b) In the western U.S., not all counties in infested states have established populations of apple maggot. Provided each lot or shipment is certified by an authorized agricultural official to have been grown in a county not known to be infested with apple maggot, the commodities may be shipped to the Oregon counties of Gilliam, Grant, Hood River, Morrow, Sherman, Umatilla and Wasco.

(c) Reshipments in Original Containers if Commodities Grown Outside Area Under Quarantine. Commodities in original unopened containers, each bearing labels or other identifying marks evidencing origin outside the areas under quarantine, may be reshipped to the counties Gilliam, Grant, Hood River, Morrow, Sherman, Umatilla and Wasco of the State of Oregon from any point within the areas under quarantine;

(d) Repacked Commodities Admissible if Certified Grown Outside from Area Under Quarantine. Provided each lot or shipment is certified by an authorized agricultural official to have been grown outside the area under quarantine and that continued identity has been maintained while within the area under quarantine, the commodities may be repacked and shipped by common carrier from any point within the area under quarantine to the Oregon counties of Gilliam, Grant, Hood River, Morrow, Sherman, Umatilla and Wasco. The certificate shall set forth the state in which commodities were grown, point of repacking and reshipment, amount and kind of commodities comprising the lot or shipment, and the names and addresses of the shipper and consignee;

(e) Apples Exposed to Controlled Atmosphere (CA) Storage Admissible Under Certificate. Apples which are exposed to controlled atmosphere (CA) storage for a continuous period of 90 days, during which period the temperature within the storage room is maintained at 38° F (3.3°C) or less, may be admitted into the counties of Hood River, Morrow, Umatilla and Wasco of the State of Oregon provided said storage room or building is approved by the proper authorities in the state of origin as a controlled atmosphere facility and further provided each lot or shipment of such apples to the afore named Oregon counties is accompanied by a certificate, as stated in subsection (a) of this section, evidencing compliance with the minimum requirements of this section;

(f) Solid Frozen Fruits Exempt. No restrictions are placed by this regulation on the entry into the Oregon counties of Hood River, Morrow, Umatilla and Wasco of fruits which upon arrival are frozen solid and which are under refrigeration to assure their solid frozen state;

(g) Shipments from Cold Storage at 32° F (0°C). Commodities covered which are held in cold storage for a continuous period of 40 days or more, during which period the temperature within the storage room is maintained at 32° F (0°C) or less, may be admitted into the counties of Hood River, Morrow, Umatilla and Wasco of the State of Oregon provided each lot or shipment is accompanied by a certificate, as described in subsection (a) of this section, evidencing compliance with the requirements of this section.

(5) Exceptions:

(a) Based on a memorandum of agreement between the Oregon and Washington Departments of Agriculture, the Washington counties of Klickitat and Skamania and the Oregon counties of Hood River and Wasco are considered a single production area, and under the terms of this memorandum fresh commercial apple fruit produced in this production area may move freely throughout these counties. This exception shall be allowable only as long as such memorandum is in effect;

(b) Special Permits: The Director of the Oregon State Department of Agriculture may issue special permits admitting covered commodities not otherwise eligible for entry into of Gilliam, Grant, Hood River, Morrow, Sherman, Umatilla and Wasco counties of the State of Oregon from areas under quarantine subject to specific conditions and provisions which the director may prescribe to prevent introduction, escape or spread of the quarantined pests.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 5-2005, f. & cert. ef. 2-15-05
AD 7-1985, f. 9-16-85, ef. 10-1-85

Or. Admin. R. 603-052-0126 Quarantine; European Corn Borer

A quarantine is established effective October 15, 1969, against the following pest, its hosts, and possible carriers:

(1) Pest. European corn borer (Ostrinia nubilalis).

(2) Area Under Quarantine. All states and districts of the United States, except the States of Alaska, Arizona, California, Hawaii, Idaho, Nevada, New Mexico, Utah, and Washington.

(3) Infested Area. Entire States of Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, and the District of Columbia.

(4) Commodities Covered. (Restricted Products) Corn, broomcorn, sorghums, and Sudan grass, plants and all parts thereof (including shelled grain and stalks, ears, cobs, and all other parts, fragments, or debris of said plants); beans in the pod; beets; celery; peppers (fruits); endive; Swiss chard; and rhubarb (cut or plants with roots); cut flowers and entire plants of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, Japanese hop, dahlia (except tubers without stems), and gladiolus (except corms without stems), are hereby declared to be hosts or possible carriers of the pest herein quarantined against.

(5) Restrictions:

(a) Definitions. As used in the quarantine and section:

(A) "Portions of Plants or Fragments Capable of Harboring Larva of European Corn Borer" means any portion of a host plant of any shape or size which cannot be passed through a 1/2-inch (1.27 cm) square aperture, and any completely whole, round, uncrushed section, portion, or piece of cob, stalk, or stem of one inch or more in length and 3/16-inch (0.48 cm) or more in diameter;

(B) "Official Certificate" means a document, issued by a duly authorized representative of the designated state, district, or federal department of agriculture, evidencing compliance with the provisions of this regulation and setting forth all information and facts hereinafter required;

(D) "Shelled Grain" means the seeds or kernels separated from all other plant parts of corn, broomcorn, sorghum, and Sudan grass.

(b) Certification required on all shelled grain from area under quarantine. Except as provided in section (6) of this rule, each lot or shipment of shelled grain of corn, broomcorn, sorghums, and Sudan grass grown in or shipped from the area under quarantine described in section (2) of this rule, imported or brought into this state, must be accompanied by an official certificate evidencing compliance with one of the following conditions:

(A) Certificates on shelled grain grown in or shipped from the infested area described in section (3) of this rule, must either affirm that said grain has been passed through a 1/2-inch (1.27 cm) mesh screen or less, or otherwise processed prior to loading and is believed to be free from stalks, cobs, stems, or portions of plants or fragments capable of harboring larva of the European corn borer, and further, that the car or truck was free from stalks, cobs, stems, or such portions of plants or fragments at time of loading, or affirm that said grain has been fumigated by a method and in a manner prescribed by the Department, and setting forth the date of fumigation, dosage schedule, and kind of fumigant used;

(B) Certificate on shelled grain grown in and shipped from states under quarantine not listed in section (3) of this rule, must be issued by the proper official of the state wherein such grain was produced, affirming that all such grain covered by said certificate is a product of said state wherein no European corn borer is known to exist and that its continued identity has been maintained to assure no blending or mixing with grain, plants, or portions thereof produced in or shipped from infested areas described in section (3) of this rule;

(C) Any lot or shipment of shelled grain arriving in this state which is not accompanied by an official certificate as herein before required, or which is certified on the basis of freedom from contamination with portions of plants or fragments capable of harboring larva of European corn borer as defined above, and which is found to be so contaminated, shall be deemed to be in violation of this quarantine and regulation and subject to disposal as provided by law and by section (16) of this rule quarantine;

(D) All certificates issued in compliance with paragraph (A) or (B) of this subsection must also set forth the kind and quantity of the commodity constituting the lot or shipment covered thereby, the initials and number of the railway car, or license number in the case of truck, and the names and addresses of the shipper and consignee.

(6) Certain Grain Products Conditionally Exempt from Certification. Certification requirements of subsection (5)(b) of this rule, are hereby waived on shelled popcorn, seed for planting, and on individual shipments or lots of one hundred pounds or less of other clean, shelled grain, or comprised of packages of less than ten pounds, subject to inspection and freedom from portions of plants or fragments capable of harboring European corn borer.

(7)(a) Stalks, ears, cobs, or other parts, fragments, or debris of corn, broomcorn, sorghums, and Sudan grass admitted under disinfection or treatment certificate. Stalks, ears, cobs, or other parts, fragments, or debris of corn, broomcorn, sorghums, and Sudan grass grown in or shipped from the area under quarantine imported as such or as packing or otherwise, will be admitted into the State of Oregon only provided each lot or shipment is accompanied by an official certificate of the state from which shipped, affirming that all stalks, ears, cobs, or other parts, fragments, or debris of such plants accompanied thereby have been disinfected or sterilized by a method and in a manner prescribed by the Department, and setting forth the date and full particulars of treatment applied, except that stalks, ears, cobs, or other parts, fragments, or debris of said plants grown in and shipped from states under quarantine not listed in the infested area described in section (3) of this rule will be admitted into the State of Oregon provided each shipment or lot is accompanied by an official certificate of the state where produced, affirming that such product is a product of said state wherein no European corn borer is known to exist, and that continued identity of the product has been maintained to assure no handling or storage in association with stalks, ears, cobs, or other parts, fragments, or debris of such plants grown in or shipped from infested areas herein described;

(b) All certificates issued in compliance with this section (7) of this rule must also set forth the kind and quantity of the commodity constituting the lot or shipment covered thereby, the initials and number of the railway car, or license number in the case of truck, and the names and addresses of the shipper and consignee.

(8)(a) Certification required on certain vegetable and ornamental plants and plant products produced in or shipped from infested area. Except as provided in section (6) of this rule, beans in the pod, beets, celery, peppers (fruits), endive, Swiss chard, and rhubarb (cut or plants with roots); cut flowers and entire plants of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, Japanese hop, dahlia (except tubers without stems), gladiolus (except corms without stems) produced in or shipped from the infested area described in section (3) of this rule, will be admitted into the State of Oregon only provided each lot or shipment is officially certified by an inspector of the Plant Quarantine Division of the U.S. Department of Agriculture or by the duly authorized official of the state where produced, evidencing that such plants, products, or cut flowers have been inspected or that the greenhouse or growing grounds where same were produced were inspected and no European corn borer was found, or that such plants, products, or cut flowers have been fumigated by a method and in a manner prescribed by the Department and setting forth the date of fumigation, dosage schedule, and kind of fumigant used;

(b) No restrictions are placed by this regulation on the entry into this state of such vegetable and ornamental plants and plant products produced in and shipped from any state not listed in section (3) of this rule.

(9) Certain Restricted Products Conditionally Exempt from Certification. Certification requirements of section (8) of this rule, are hereby waived on individual shipments or lots of certain restricted vegetables, ornamental plants, and plant products described therein, under and subject to the following conditions:

(a) In lots or shipments of ten pounds or less, beans in the pod, beets, peppers (fruits), endive, Swiss chard, and rhubarb (cut or plants with roots);

(b) During period November 30 to May 1, divisions without stems of the previous year's growth, rooted cuttings, seedling plants, and cut flowers of aster, chrysanthemum, calendula, cosmos, hollyhock, marigold, zinnia, and Japanese hop.

(10) Manufactured or Processed Products Exempt from Restriction. No restrictions are placed by this proclamation upon the movement of the restricted products herein defined which are processed or manufactured in such a manner as to eliminate all danger of carrying the pest herein quarantined against.

(11) Certification Waived on Small Lots. Under section (16) of this rule and the European Corn Borer Exterior Quarantine, the Department may release small lots of shipments which may be adequately inspected in lieu of origin certification provided no living stage of European corn borer is found or the lot or shipment may be treated in an approved manner under official supervision. It is intended that this disposition will only apply to lots or shipments of a size which will permit a 100 percent inspection involving less inspection time and effort than would be required to issue rejection notices and hold for origin certification. Rejection notices need not be filed on the lots or shipments which are adequately inspected and released in lieu of origin certification.

(12) Fumigation Instructions. The articles listed in this quarantine will be admitted to the State of Oregon if they are accompanied by an official certificate, showing they have been fumigated with a fumigant effective against European corn borer according to label instructions.

(13) Disposition of Violations. Any or all shipments or lots of the quarantined articles enumerated in section (4) of this rule, arriving in Oregon in violation of this quarantine shall immediately be sent out of Oregon, or destroyed, or treated by a method approved by the Department, all at the expense of the owner or owners. All of such procedures shall only be carried out under and at the direction and/or order of the Department. The provisions of this section do not prohibit the Department from taking any other action or procedure authorized by law against persons or commodities or articles that are in violation of law or this quarantine.

[ED. NOTE: Diagrams referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, ORS 570.405 & 570.410 - 570.415
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 7-2012, f. & cert. ef. 3-26-12
AD 906(12-69), f. 9-23-69, ef. 10-15-69

Or. Admin. R. 603-052-0127 Quarantine; Japanese Beetle, European Chafer and Oriental Beetle

(1) Establishing a Quarantine. A quarantine is established against the pest known as Japanese beetle ( Popillia japonica ), European Chafer ( Rhizotrogus majalis ), and Oriental beetle ( Anomala orientalis ), members of the family Scarabaeidae, which in the larval stage feed on the roots of many plants and in the adult stage feed on the flowers, foliage and fruit of many plants.

(2) Areas Under Quarantine. The entire states of Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, the District of Columbia, the Provinces of Ontario, Quebec, and British Columbia, Canada, and any other state, territory or province where the presence of an established population of any of these insects is confirmed and effective eradication procedures have not been implemented. Any property(ies) in Oregon where Japanese beetles, European Chafers or Oriental beetles are found including a buffer zone that may be infested around the area where the pests were discovered.

(3) Commodities Covered. All life stages of the Japanese beetle, European Chafer and Oriental beetle, including eggs, larvae, pupae, and adults; and the following hosts or possible carriers of Japanese beetle:

(a) Soil, growing media, humus, compost, green waste or yard debris, and manure (except when commercially packaged, and except soil samples under a federal Compliance Agreement);

(b) All plants with roots;

(d) Plant crowns or roots for propagation (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection);

(e) Bulbs, corms, tubers, and rhizomes of ornamental plants (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection); and

(f) Any other plant, plant part, article or means of conveyance when it is determined by the department to present a hazard of spreading live Japanese beetle due to either infestation, or exposure to infestation, by Japanese beetle.

(4) Restrictions. All commodities covered are prohibited entry into Oregon from the area under quarantine unless they have the required certification. Plants may be shipped from the area under quarantine into Oregon provided such shipments conform to one of the options below and are accompanied by a certificate issued by an authorized state agricultural official at origin. Note that not all protocols in the U.S. Domestic Japanese Beetle Harmonization Plan are acceptable for Oregon. Advance notification of regulated commodity shipment is required. The certifying official shall mail, FAX or e-mail a copy of the certificate to: Plant Program Area Director, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301, FAX: 503-986-4786, e-mail: quarantine@oda.oregon.gov. The shipper shall notify the receiver to hold such commodities for inspection by the Oregon Department of Agriculture. The receiver must notify the Oregon Department of Agriculture of the arrival of commodities imported under the provisions of this quarantine and must hold such commodities for inspection. Such certificates shall be issued only if the shipment conforms fully with subsection (4) (a)-(d), subsection (5) or subsection (6) below:

(a) Bareroot Plants. Plants with roots are acceptable if they are bareroot, free from soil and growing media (clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection). The certificate accompanying the plants shall bear the following additional declaration: "Plants are bareroot, attached clumps of soil or growing media are less than 1/2 inch in diameter." Advance notification required (see subsection 4 above).

(b) Production in an Approved Japanese Beetle Free Greenhouse/Screenhouse. All the following criteria apply. All media must be sterilized and free of soil. All stock must be free of soil (bareroot) before planting into the approved medium. The potted plants must be maintained within the greenhouse/screenhouse during the entire adult flight period. During the adult flight period the greenhouse/screenhouse must be made secure so that adult Japanese beetles cannot gain entry. Security will be documented by the appropriate phytosanitary official. No Japanese beetle contaminated material shall be allowed into the secured area at any time. The greenhouse/screenhouse will be officially inspected by phytosanitary officials and must be specifically approved as a secure area. They shall be inspected by the same officials for the presence of all life stages of the Japanese beetle. The plants and their growing medium must be appropriately protected from subsequent infestation while being stored, packed and shipped. Certified greenhouse/screenhouse nursery stock may not be transported into or through any infested areas unless identity is preserved and adequate safeguards are applied to prevent possible infestation. Each greenhouse/screenhouse operation must be approved by the phytosanitary officials as having met and maintained the above criteria. The certificate accompanying the plants shall bear the following additional declaration: "The rooted plants (or crowns) were produced in an approved Japanese beetle free greenhouse or screenhouse and were grown in sterile, soilless media." Advance notification required (see subsection 4 above).

(c) Production During a Pest Free Window. The entire rooted plant production cycle will be completed within a pest free window, in clean containers with sterilized and soilless growing medium, i.e., planting, growth, harvest, and shipment will occur outside the adult Japanese beetle flight period, June through September. The accompanying phytosanitary certificate shall bear the following additional declaration: "These plant were produced outside the Japanese beetle flight season and were grown in sterile, soilless media." Advance notification required (see subsection 4 above).

(d) Application of Approved Regulatory Treatments. All treatments will be performed under direct supervision of a phytosanitary official or under compliance agreement. Treatments and procedures under a compliance agreement will be monitored closely throughout the season. State phytosanitary certificates listing and verifying the treatment used must be forwarded to Oregon via fax or electronic mail, as well as accompanying the shipment. Note that not all treatments approved in the U.S. Domestic Japanese Beetle Harmonization Plan are acceptable for Oregon. The phytosanitary certificate shall bear the following additional declaration: "The rooted plants are in soilless media and were treated to control Popillia japonica according to the criteria for shipment to category 1 states as provided in the U.S. Domestic Japanese Beetle Harmonization Plan and Oregon's Japanese beetle quarantine." Advance notification required (see subsection 4 above).

(A) Dip Treatment - B&B and Container Plants. Not approved.

(B) Drench Treatments - Container Plants Only. Not approved for ornamental grasses or sedges. Potting media used must be sterile and soilless, containers must be clean. Containers must be one gallon or smaller in size. Field potted plants are not eligible for certification using this protocol. This is a prophylactic treatment protocol targeting eggs and early first instar larvae. If the containers are exposed to a second flight season they must be retreated with an approved insecticide following label description for application rates:

(i) Imidacloprid (Marathon 60WP). Apply one-half (0.5) gram of active ingredient per gallon as a prophylactic treatment just prior to Japanese beetle adult flight season (June 1, or as otherwise determined by the phytosanitary official). Apply tank mix as a drench to wet the entire surface of the potting media. A twenty-four (24) gallon tank mix should be enough to treat 120-140 one-gallon containers. Avoid over drenching so as not to waste active ingredient through leaching. During the adult flight season, plants must be retreated after sixteen (16) weeks if not shipped to assure adequate protection.

(ii) Bifenthrin (Talstar Nursery Flowable 7.9%). Mix at the rate of twenty (20) ounces per 100 gallons of water. Apply, as a drench, approximately eight (8) ounces of tank mix per six (6) inches of container diameter.

(C) Media (Granule) Incorporation - Container Plants Only. Containers must be one gallon or smaller in size. Not approved for ornamental grasses or sedges. All pesticides used for media incorporation must be mixed prior to potting and plants potted a minimum of thirty (30) days prior to shipment. Potting media used must be sterile and soilless; containers must be clean. The granules must be incorporated into the media prior to potting. Field potted plants are not eligible for treatment. This treatment protocol targets eggs and early first instar larvae and allows for certification of plants that have been exposed to only one flight season after application. If the containers are to be exposed to a second flight season they must be repotted with a granule incorporated mix or retreated using one of the approved drench treatments. Media must be treated with approved pesticides following label description for application rates approved for media incorporation:

(i) Imidacloprid (Marathon 1 G). Mix at the rate of five (5) pounds per cubic yard.

(ii) Bifenthrin (Talstar Nursery Granular or Talstar T&O Granular (0.2G)). Mix at the rate of 25 ppm or one-third (0.33) of a pound per cubic yard based on a potting media bulk density of 200.

(iii) Tefluthrin (Fireban 1.5 G). Mix at the rate of 25 ppm based on a potting media bulk density of 400.

(D) Methyl Bromide Fumigation. Nursery stock: methyl bromide fumigation at NAP, chamber or tarpaulin. See the California Commodity Treatment Manual for authorized schedules.

(5) Detection Survey for Origin Certification.

(a) Japanese Beetle Harmonization Plan protocol not approved.

(b) Alternative approved protocol: States listed in the area under quarantine may have counties that are not infested with Japanese beetle. Shipments of commodities covered may be accepted from these non-infested counties if annual surveys are made in such counties and adjacent counties and the results of such surveys are negative for Japanese beetle. In addition, the plants must be greenhouse grown in media that is sterilized and free of soil and the shipping nursery must grow all their own stock from seed, unrooted cuttings or bareroot material. A list of counties so approved will be maintained by the State Department of Agriculture. Agricultural officials from a quarantined state or province may recommend a noninfested county be placed on the approved county list by writing for such approval and stating how surveys were conducted giving the following information:

(A) Areas surveyed;

(B) How survey was carried out;

(D) Results of survey;

(E) History of survey;

(F) If county was previously infested, give date of last infestation. If infestations occur in neighboring counties, approval may be denied. To be maintained on the approved list, each county must be reapproved every twelve (12) months. Shipments of commodities covered from noninfested counties will only be allowed entry into Oregon if the uninfested county has been placed on the approved list prior to the arrival of the shipment in Oregon. The certificate must have the following additional declaration: "The plants in this consignment were produced in sterile, soilless media in (name of county), state of (name of state of origin) that is known to be free of Japanese beetle." Advance notification required (see subsection 4 above).

(6) Privately owned house plants obviously grown, or certified at the place of origin as having been grown indoors without exposure to Japanese beetle may be allowed entry into this state without meeting the requirements of subsection 4. Contact the Oregon Department of Agriculture for requirements: Plant Program Area Director, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301, telephone: 503/986-4644, FAX: 503/986- 4786, e-mail: quarantine@oda.oregon.gov.

(7) Infested properties in Oregon: Confirmation of an infestation of Japanese beetle, European Chafer or Oriental beetle must be made by the State Department of Agriculture or an official cooperator.

(a) Response plan. If the State Department of Agriculture confirms an infestation, the State Department of Agriculture will notify the property owner(s) and develop a response plan. The goal of the plan will be eradication as soon as possible. The plan may require cooperative measures by the property owner(s) to supplement measures taken by State Department of Agriculture.

(b) Evidence of infestation that triggers eradication. The eradication will be required upon detection of three adult Japanese beetle detections within the same trap and within the same year, or the detection of one larva, pupa, or egg stage. Eradication may also be triggered if these parameters are not met but the department determines there is a likely risk of infestation because of total detections of Japanese beetle in an area, a high occurrence of suitable breeding habitat, or a ratio of greater detections of female to male Japanese beetles in an area.

(c) Treatment. Ground treatment: Chlorantraniliprole (Acelepryn); One application per year, according to label instructions.

(A) Area determination: Treat 200-meter radius centered over every confirmed catch site and treat irrigated turf areas, according to label.

(B) If deemed necessary, foliar treatments with Chlorantraniliprole (Acelepryn) or other approved products will be applied during the flight period of the adult beetles, following label instructions;

(8) Quarantine in Washington County: During 2016, the State Department of Agriculture detected an incipient population of the Japanese beetle in the Cedar Mill and Bethany neighborhoods in Washington County, Oregon. The State Department of Agriculture has determined that this is the largest Japanese beetle infestation ever detected in Oregon. If the Japanese beetle population in Oregon is not eradicated, damage to Oregon's agricultural industry and natural resources is estimated at up to $45 million annually. The State Department of Agriculture estimates that approximately $3.5 million (2016) in nursery product sales in Oregon could be lost because of quarantine restrictions against Oregon products if the Japanese beetle is not eradicated in Washington County.

(a) The State Department of Agriculture has determined that the actions described in subsections 8(b)–(d) are necessary to prevent the spread and establishment, and to accomplish the eradication, of Japanese beetle in Washington County.

(b) Areas subject to State Department of Agriculture treatment: The portions of the County of Washington described in the map that is available at: https://oda.direct/jbmap

(c) Commodities covered: All life stages of the Japanese beetle, European chafer, and Oriental beetle, including eggs, larvae, pupae, and adults, as well as the following hosts or possible carriers of Japanese beetle. Soil, all growing media, humus, compost, green waste (yard debris), and manure (except when commercially packaged, and except soil samples under a federal Compliance Agreement);

(A) All plants with roots;

(B) Grass sod, green (living) roots;

(C) Plant crowns or roots for propagation (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter);

(D) Bulbs, corms, tubers, and rhizomes of ornamental plants (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection); and

(E) Any other plant, plant part, article or means of conveyance when it is determined by the department to present a hazard of spreading live Japanese beetle due to either infestation, or exposure to infestation, by Japanese beetle.

(d) Mitigation measures: The mitigation area is as described in subsection 8 (b) above. Mitigation measures will consist of approved treatments during the time of targeted life stages following label instructions. Additional treatments may be required until eradication has resulted.

(9) Entry onto property to be treated is pursuant to authorities in ORS 561.510 and ORS 570.305 by consent of the owner or occupant of the property, or pursuant to an administrative warrant as may be issued by the appropriate court. The State Department of Agriculture shall seek consent to enter property before entering property and shall provide at least seventy-two (72) hours advanced notice prior to entering property to treat the premises. If consent is withheld or denied, the State Department of Agriculture may seek an administrative warrant to enter the property to treat the premises.

(10) Prohibitions: All commodities covered are prohibited from leaving the Area under Quarantine described in subsection 8 (b) (Area under Quarantine) unless they have the required certification as described under subsection (4) (d).

(11) Plants may be shipped from the Area under Quarantine into other counties of Oregon or outside of Oregon provided such shipments conform to one of the classifications in subsection (4) and (5) and are accompanied by a certificate issued by an authorized state agricultural official. These are treated the same way as quarantine areas outside Oregon.

(12) Additional Quarantine Requirements. Sites on which Japanese beetle ( P . japonica ) has been detected and on which mitigation activities as described in subsection (8)(d) have been implemented may be eligible to ship plant materials intra- and interstate provided mitigation measures as described in subsection (4) have been conducted. The imposition of a civil penalty is subject to ORS 183.745.

(13) Exceptions to Quarantine. Upon written request, and upon investigation and finding that unusual circumstances exist justifying such action, the department may issue a permit allowing entry into this state of commodities covered without meeting the requirements of subsection (4). However, all conditions specified in the permit shall be met before such permit will be recognized.

(14) Violation of Quarantine. All covered commodities described in subsection (3) of this rule found to be in violation of this quarantine shall be returned immediately to point of origin by the Oregon receiver, or at the owner's option be destroyed under the supervision of the department, without expense to or indemnity paid by the department. Violation of this quarantine may result in a fine, if convicted, of not less than $500 nor more than $5,000, as provided by ORS 561.990(4). Violators may also be subject to civil penalties of up to $10,000 as provided by ORS 561.995. The imposition of a civil penalty is subject to ORS 183.745.

History

Statutory/Other Authority: ORS 561.020, 561.190, 561.510 & 570.305
Statutes/Other Implemented: ORS 561.510
DOA 6-2026, minor correction filed 01/29/2026, effective 01/29/2026
DOA 4-2022, temporary amend filed 03/24/2022, effective 04/01/2022 through 09/27/2022
DOA 4-2020, amend filed 03/24/2020, effective 03/24/2020
DOA 2-2018, temporary amend filed 02/01/2018, effective 02/01/2018 through 07/30/2018
DOA 10-2017(Temp), f. 4-14-17, cert. ef. 4-15-17 thru 10-10-17
DOA 3-2013, f. & cert. ef. 3-1-13
DOA 4-2010, f. & cert. ef. 1-28-10
DOA 7-2008, f. & cert. ef. 2-8-08
DOA 9-2006, f. & cert. ef. 3-22-06
DOA 27-2000, f. & cert. ef. 10-13-00
DOA 10-1998, f. & cert. ef. 12-30-98
Reverted to AD 12-1977, f. 6-6-77, ef. 6-20-77
AD 7-1988(Temp), f. & cert. ef. 8-2-88
AD 12-1977, f. 6-6-77, ef. 6-20-77

Or. Admin. R. 603-052-0129 Quarantine; Against Exotic Phytophagous Snails

(1) Establishing Quarantine. A quarantine is established against exotic phytophagous snails that are members of the Phylum Mollusca of the Class Gastropoda characterized by a calcareous shell covering the visceral hump. This quarantine applies to exotic phytophagous snails in any stage of development, and includes, but is not limited to: brown garden snail (Cornu aspersum Müller), white garden snail (Theba pisana Müller), milk snail (Otala lactea Müller), giant African snail (Achatina spp.), giant South American snail (Megalobulimus oblongus Müller), and all other exotic phytophagous snails (hereafter, "exotic phytophagous snails") except for species on the approved species list (OAR 603-052-1320). These snails are very important garden and agricultural pests causing severe damage to leaves and fruits of many plants.

(2) Areas Under Quarantine. The entire states of Arizona, California, Hawaii, Michigan, New Mexico, Texas, Utah, Washington, and any other state or territory where exotic phytophagous snails are established.

(3) Covered Commodities. Exotic phytophagous snails in any stage of development. Grass sod and all plants with roots in soil and any other plant material or articles capable of transporting exotic phytophagous snails into Oregon are hereby declared to be hosts or possible carriers of the pests herein quarantined and are prohibited entry into this state directly, indirectly, diverted, or reconsigned unless there is compliance with section (4) of this rule.

(4) Conditions:

(a) Covered commodities from regulated areas may be permitted entry into Oregon only when such commodities are accompanied by a certificate of quarantine compliance issued by an authorized official from the state of origin which certifies that it has been determined by official inspection immediately prior to shipment that such covered commodities were found to be free of all life stages of exotic phytophagous snails or that such commodities originate from an area determined by official inspection to be free of exotic phytophagous snails. The original certification document shall be forwarded to the Oregon State Department of Agriculture, Plant Program Area, 635 Capitol St. NE, Salem, Oregon 97310, immediately by First Class mail or fax (503) 986-4786. Each lot or shipment of the covered commodities shall be accompanied by a copy of the above described certification document. The Oregon receiver to whom the commodities are shipped shall notify the department immediately upon receipt of such commodities and shall hold the same until they are released by the department.

(b) Cut greens, cut flowers and soil-free plants including bare root plants, plant crowns, roots for propagation, bulbs, corms, tubers, and rhizomes of plants washed free of adherent soil are excepted from the quarantine, if such plant materials are found upon inspection not to be infested with exotic phytophagous snails or are found not to bear soil accumulations sufficient to carry or obscure any life stage of exotic phytophagous snails.

(c) Certified and noncertified covered commodities shall not be shipped together in the same transporting vehicle, and any such mixing of certified and noncertified covered commodities shall nullify certification and result in the rejection of the entire shipment of covered commodities. Upon inspection and determination by the Oregon State Department of Agriculture that the transporting vehicle or any properly certified covered commodities are infested with any life stage of exotic phytophagous snails, such shipment shall be found in violation of this quarantine.

(5) Heliculture Prohibited. Raising, maintaining, selling, shipping and/or holding live exotic phytophagous snails for any purpose within the State of Oregon is prohibited except for species on the approved species list (OAR 603-052-1320).

(6) Disposition of Commodities in Violation of the Quarantine. All covered commodities described in section (3) of this rule found to be in violation of this quarantine shall be returned immediately to point of origin by the Oregon receiver, or at the receivers option be destroyed under the supervision of the department, without expense to or indemnity paid by the department.

(7) Exceptions. Upon request, and upon investigation and finding that unusual circumstances exist justifying such action, the department may issue a permit allowing entry into this state of covered commodities without meeting the requirements of subsection (4)(a) of this rule. However, all conditions specified in the permit shall be met before such permit will be recognized.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 2-2014, f. & cert. ef. 2-14-14
DOA 3-2013, f. & cert. ef. 3-1-13
DOA 3-2009, f. & cert. ef. 2-13-09
DOA 7-2008, f. & cert. ef. 2-8-08
DOA 2-2007, f. & cert. ef. 1-30-07
DOA 1-2006, f. & cert. ef. 1-13-06
DOA 8-1999, f. & cert. ef. 5-14-99
AD 12-1997, f. & cert. ef 7-31-97
AD 14-1983, f. 11-15-83, ef. 12-1-83

Or. Admin. R. 603-052-0150 Control Areas and Procedures

(1) As authorized by ORS 570.405 to 570.435, a control area is established in each of the following counties for the protection of the cherry industry in that area through the eradication or control of the cherry fruit fly, Rhagoletis indifferens:

(a) Hood River County;

(b) Lane County;

(d) Marion County;

(e) Polk County;

(f) Sherman County;

(g) Umatilla County;

(h) Union County;

(i) Yamhill County; and

(j) The portion of Wasco county, north of Warm Springs Reservation.

(2) In order to prevent the buildup of western cherry fruit fly, cherry orchards in the control area must be maintained using approved IPM practices.

(3) Approved IPM practices, including spray formulations, are those recommended by the Oregon State Extension Service as described for specific control areas in the following extension documents:

(a) For Hood River and Wasco counties: Pest Management Guide for Tree Fruits in the Mid-Columbia Area. EM 8203, Oregon State University Extension Service.

(b) For Lane, Linn, Marion, Polk and Yamhill counties: Pest Management Guide for the Willamette Valley, EM 8329, Oregon State University Extension Service.

(c) For Umatilla and Union counties Cherry Fruit Fly Pest Management for control areas in Umatilla and Union counties. EM 8587, Oregon State University Extension Service.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 2-2014, f. & cert. ef. 2-14-14
DOA 7-2012, f. & cert. ef. 3-26-12
DOA 11-2011, f. & cert. ef. 7-20-11
DOA 2-2007, f. & cert. ef. 1-30-07
DOA 1-2006, f. & cert. ef. 1-13-06
DOA 4-2005, f. & cert. ef. 2-14-05
AD 11-1977, f. 5-10-77, ef. 5-20-77
AD 1073(19-75), f. & ef. 12-5-75
AD 974(7-72), f. 7-27-72, ef. 8-15-72
AD 603, f. & ef. 10-31-58

Or. Admin. R. 603-052-0153 Definitions

As used in OAR 603-052-0154 to 603-052-0158, unless the context requires otherwise:

(1) "Host Tree" means cherry (Prunus spp.), pears (Pyrus spp.), apples (Malus spp.) and Hawthorns (Crataegus spp.) and may include other rosaceous hosts of Apple Maggot (Rhagoletis pomonella) as may be deemed necessary by the Department.

(2) "Insect" means Apple Maggot (Rhagoletis pomonella)(Walsh), San Jose Scale (Diaspidiotus perniciosus)(Comstock) and Codling Moth (Cydia pomonella)(Linnaeus).

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 11-2011, f. & cert. ef. 7-20-11
DOA 3-2009, f. & cert. ef. 2-13-09
AD 13-1981, f. 7-24-81, ef. 8-7-81

Or. Admin. R. 603-052-0154 Control Area

A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of Apple Maggot, San Jose Scale and Codling Moth within the boundaries of Wasco County, Oregon.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 13-1981, f. 7-24-81, ef. 8-7-81

Or. Admin. R. 603-052-0155 Intent and Purpose

It is the intent and purpose of OAR 603-052-0153 to 603-052-0158 to prevent the buildup and spread of insects from tree to tree and orchard to orchard, particularly from areas not properly treated, or from areas untreated or abandoned, to commercial cherry, pear and apple trees or orchards. It is also the intent and purpose of said rules to reduce the use of pesticides within the control area so as to decrease insect resistance to pesticides. Also, it is the intent and purpose of said rules to more effectively carry out insect control efforts by enabling area-wide spraying programs of commercial orchards in the control area.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 13-1981, f. 7-24-81, ef. 8-7-81

Or. Admin. R. 603-052-0156 Control by Spraying

(1) All host trees including, but not limited to, those in commercial orchards and those on residential, public, and abandoned property within the control area which are in near proximity to commercial pear and apple orchards, shall be sprayed by the owner or person in possession thereof by using the agricultural chemicals at the rate, at the times and in the manner recommended by Oregon State University (whether by its own publications, approval of other publications, or otherwise).

(2) In order to determine whether the Apple Maggot has infested any of the control area, and to determine the emergence dates of the adult Apple Maggot in the control area, the Department or its contractors may annually inspect any of the areas described in section (1) of this rule.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 13-1981, f. 7-24-81, ef. 8-7-81

Or. Admin. R. 603-052-0157 Inspection Procedures

In order to determine whether the provisions of OAR 603-052-0156 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such rule, the Department may by written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of OAR 603-052-0158. The Department may consult with any ad hoc plant pest control advisory committee established in the control area in order to ascertain whether adequate insect controls have been undertaken by particular persons and whether such persons have been advised of the necessity to control the described insects.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 13-1981, f. 7-24-81, ef. 8-7-81

Or. Admin. R. 603-052-0158 Control Procedures

(1) The order of the Department referred to in OAR 603-052-0157 may direct that infested host plants or host trees be completely uprooted; cut off near the ground level and the stump immediately treated with an effective herbicide; or killed in place so as not to harbor insect pests. Additionally, the Department may direct that any subsequent sprouts or regrowth of such trees also be killed.

(2) If it is determined that the order described in OAR 603-052-0157 has not been complied within five days after its issuance, the failure to so comply shall be deemed to be a violation of ORS 570.410 and subject the person to whom the order was directed to the penalty provisions of ORS 570.990.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 13-1981, f. 7-24-81, ef. 8-7-81

Or. Admin. R. 603-052-0160 Definitions

As used in OAR 603-052-0165 to 603-052-0185, unless the context requires otherwise:

(1) "Host Tree" means Pear (Pyrus spp.), apples (Malus spp.) and Hawthorns (Crataegus spp.) and may include other rosaceous hosts of Apple Maggot (Rhagoletis pomonella)(Walsh) deemed necessary by the Oregon Department of Agriculture.

(2) "Insect" means Codling Moth (Cydia pomonella)(Linnaeus), Apple Maggot (Rhagoletis pomonella), and Pear Pyslla (Psylla pyricola)(Foester).

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 11-2011, f. & cert. ef. 7-20-11
DOA 3-2009, f. & cert. ef. 2-13-09
AD 16-1981, f. 7-24-81, ef. 8-7-81
AD 3-1977, f. 2-9-77, ef. 3-1-77

Or. Admin. R. 603-052-0165 Control Area

A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of the insects Codling Moth, Apple Maggot and Pear Psylla within the boundaries of Jackson County, Oregon.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 16-1981, f. 7-24-81, ef. 8-7-81
AD 3-1977, f. 2-9-77, ef. 3-1-77

Or. Admin. R. 603-052-0170 Intent and Purpose

It is the intent and purpose of OAR 603-052-0160 to 603-052-0185 to prevent the build-up and spread of insects from tree to tree and orchard to orchard, particularly from areas not properly treated, or from areas untreated or abandoned, to commercial pear and apple trees or orchards. It is also the intent and purpose of said rules to reduce the use of pesticides within the control area so as to decrease insect resistance to pesticides. Also, it is the intent and purpose of said sections to more effectively carry out insect control efforts by enabling area-wide spraying programs of commercial orchards in the control area.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 3-1977, f. 2-9-77, ef. 3-1-77

Or. Admin. R. 603-052-0175 Control by Spraying

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 16-1981, f. 7-24-81, ef. 8-7-81
AD 3-1977, f. 2-9-77, ef. 3-1-77

Or. Admin. R. 603-052-0180 Inspection Procedures

In order to determine whether the provisions of OAR 603-052-0175 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such rule, the Department may by written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of OAR 603-052-0185. The Department may consult with any ad hoc plant pest control advisory committee established in the control area in order to ascertain whether adequate insect controls have been undertaken by particular persons and whether such persons have been advised of the necessity to control the described insects.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 3-1977, f. 2-9-77, ef. 3-1-77

Or. Admin. R. 603-052-0185 Control Procedures

(1) The notice of the Department referred to in OAR 603-052-0180 may direct that infested pear and apple trees be completely uprooted; cut off near the ground level and the stump immediately treated with an effective herbicide; or killed in place so as not to harbor insect pests. Additionally, the Department may direct that any subsequent sprouts or regrowth of such trees also be killed.

(2) If it is determined that the order described in OAR 603-052-0180 has not been complied within five days after its issuance, the failure to so comply shall be deemed to be a violation of ORS 570.410 and subject the person to whom the order was directed to the penalty provisions of ORS 570.990.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 3-1977, f. 2-9-77, ef. 3-1-77

Or. Admin. R. 603-052-0187 Definitions

As used in OAR 603-052-0188 to 603-052-0192, unless the context requires otherwise:

(1) "Host Tree" means pears (Pyrus spp.), apples (Malus spp.) and Hawthorns (Crataegus spp.) and may include other rosaceous hosts of Apple Maggot (Rhagoletis pomonella)(Walsh) as may be deemed necessary by the Oregon Department of Agriculture.

(2) "Insect" means Apple Maggot (Rhagoletis pomonella)(Walsh). efforts by enabling areawide spraying programs of commercial orchards in the control area.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 11-2011, f. & cert. ef. 7-20-11
AD 17-1981, f. 7-24-81, ef. 8-7-81

Or. Admin. R. 603-052-0188 Control Area

A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of Apple Maggot within the boundaries of Josephine County, Oregon.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 17-1981, f. 7-24-81, ef. 8-7-81

Or. Admin. R. 603-052-0189 Intent and Purpose

It is the intent and purpose of OAR 603-052-0187 to 603-052-0192 to prevent the buildup and spread of insects from tree to tree and orchard to orchard, particularly from areas not properly treated, or from areas untreated or abandoned, to commercial pear and apple trees or orchards. It is also the intent and purpose of said rules to reduce the use of pesticides within the control area so as to increase insect resistance to pesticides. Also, it is the intent and purpose of said rules to more effectively carry out insect control efforts by enabling areawide spraying programs of commercial orchards in the control area.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 17-1981, f. 7-24-81, ef. 8-7-81

Or. Admin. R. 603-052-0190 Control by Spraying

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 17-1981, f. 7-24-81, ef. 8-7-81

Or. Admin. R. 603-052-0191 Inspection Procedures

In order to determine whether the provisions of OAR 603-052-0190 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such rule, the Department may by written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of OAR 603-052-0192. The Department may consult with any ad hoc plant pest control advisory committee established in the control area in order to ascertain whether adequate insect controls have been undertaken by particular persons and whether such persons have been advised of the necessity to control the described insects.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 17-1981, f. 7-24-81, ef. 8-7-81

Or. Admin. R. 603-052-0192 Control Procedures

(1) The order of the Department referred to in OAR 603-052-0191 may direct that infested host plants or host trees be completely uprooted; cut off near the ground level and the stump immediately treated with an effective herbicide; or killed in place so as not to harbor insect pests. Additionally, the Department may direct that any subsequent sprouts or regrowth of such trees also be killed.

(2) If it is determined that the order described in OAR 603-052-0191 has not been complied within five days after its issuance, the failure to so comply shall be deemed to be a violation of ORS 570.410 and subject the person to whom the order was directed to the penalty provisions of ORS 570.990.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 17-1981, f. 7-24-81, ef. 8-7-81

Or. Admin. R. 603-052-0260 Hood River Control Area: Insect Pests and Diseases in Fruit Trees

A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of insects, pests and diseases related to, but not limited to, Apple scab, Pseudomonas blight, Coryneum blight, Fire blight, Codling Moth, Pear psylla, San Jose scale, Peach leaf curl, Twig borer, Shot hole borer, Apple Maggot and Oriental fruit moth within the boundaries of Hood River County, Oregon.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 14-1981, f. 7-24-81, ef. 8-7-81
AD 874(5-68), f. 4-1-68, ef. 4-15-68
AD 818(6-66), f. 4-12-66, ef. 4-27-66

Or. Admin. R. 603-052-0265 Definitions

As used in OAR 603-052-0260 to 603-052-0280, unless the context requires otherwise:

(1) “Disease Organisms” means the diseases Pseudomonas blight (Pseudomonas syringae), Coryneum blight (Coryneum carpophilum), Peach leaf curl (Taphrina deformans), Fire blight (Erwinia amylovora), and Apple scab (Venturia inaequalis).

(2) “Host Plant” or “Host Tree” means Pear (Pyrus spp.), Quince (Cydonia spp.). Apple (Malus spp.), Peach (Prunus spp.), and Apricot (Prunus spp.), Hawthorn (Crataegus spp.), and may include other rosaceous hosts of Apple Maggot as deemed necessary by the Oregon Department of Agriculture.

(3) “Insect” means Codling Moth (Cydia pomonella)(Linnaeus), Oriental Fruit Moth (Grapholitha molesta)(Busck), Pear psylla (Psylla pyricola)(Foerster), San Jose Scale

(Diaspidiotus perniciosus)(Comstock), Shot Hole Borer (Scolytus rugulosus)(Müller), Apple Maggot (Rhagoletis pomonella)(Walsh) and Peach Twig Borer (Anarsia lineatella Zeller).

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 –561.600, 570.305, 570.405 & 570.410 –570.415
DOA 11-2011, f. & cert. ef. 7-20-11
DOA 3-2009, f. & cert. ef. 2-13-09
DOA 16-2008, f. & cert. ef. 7-11-08
AD 14-1981, f. 7-24-81, ef. 8-7-81
AD 1106(27-76), f. & ef. 9-15-76
AD 874(5-68), f. 4-1-68, ef. 4-15-68
AD 818(6-66), f. 4-12-66, ef. 4-27-66

Or. Admin. R. 603-052-0270 Intent and Purpose

It is the intent and purpose of OAR 603-052-0260 to 603-052-0290 of this order, in part and not limited to, to prevent the build-up and the spread of injurious plant and tree pests from tree to tree and orchard to orchard; particularly from areas not properly treated, or from areas untreated or abandoned, to commercial or semi-commercial trees.

History

Statutory/Other Authority: ORS 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 874(5-68), f. 4-1-68, ef. 4-15-68
AD 818(6-66), f. 4-12-66, ef. 4-27-66

Or. Admin. R. 603-052-0275 Control by Spraying

(1) All host plants and host trees including, but not limited to, those in commercial orchards and those on residential, public, and abandoned property within the control area shall be sprayed by the owner or person in possession thereof by using the agricultural chemicals or pesticide formulations, at the rate, at the times, and in the manner recommended by Oregon State University (whether by its own publications, approval of other publications, or otherwise).

(2) In order to determine whether the Apple Maggot has infested any of the control area, and to determine the emergence dates of the adult Apple Maggot in the control area the Department or its contractor may annually inspect any of the areas described in section (1) of this rule.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 14-1981, f. 7-24-81, ef. 8-7-81
AD 1106(27-76), f. & ef. 9-15-76
AD 874(5-68), f. 4-1-68, ef. 4-15-68
AD 818(6-66), f. 4-12-66, ef. 4-27-66

Or. Admin. R. 603-052-0280 Inspection and Control Procedures

(1) In order to determine whether the provisions of OAR 603-052-0275 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such section, the Department may, by written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of section (2) of this rule.

(2) The only approved method for removal and destruction of host plants or host trees is as follows:

(a) Digging out of the trees or plants and their complete root structures; or

(b) Cutting down the trees or plants and thereafter treating the remaining stump and root systems thereof with an effective chemical to prevent their regrowth or resprouting.

(3) If within five days after the issuance of the order described in section (1) of this rule it is determined that said order has not been complied with, such failure to comply shall be deemed to be a violation of ORS 570.410 and so subject the person to whom the order was directed to the penalty provisions of ORS 570.990.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 1106(27-76), f. & ef. 9-15-76
AD 874(5-68), f. 4-1-68, ef. 4-15-68
AD 818(6-66), f. 4-12-66, ef. 4-27-66

Or. Admin. R. 603-052-0328 Klamath County Mint Disease Control Area Order

(1) As authorized by ORS 570.405 to 570.415, a control area is established for the protection of the mint industry in Klamath County, Oregon, against the introduction and spread of Verticillium wilt disease caused by pathogens Verticillium spp. Such area includes all of Klamath County, Oregon.

(2) The following methods are to be used in the control area described in section (1) of this rule, to prevent the introduction of and control the spread of Verticillium wilt disease in the control area:

(a) Mint propagation material imported into the control area for production of new mint fields shall be limited to greenhouse-grown, nuclear generation rooted tip cuttings certified by the Oregon State University Seed Certification Program; certified by similar official certification programs in Colorado, Idaho, Montana, or Washington; or other Department-approved official certification programs of a comparable level;

(b) All mint root stocks planted within the control area must be certified in accordance with the requirements of subsection (a) of this section, be certified by the Oregon State University Seed Certification Program in Klamath County as Field Class IV or better root stocks, or have been inspected by the Department in accordance with subsection (f) of this section;

(c) All farm equipment used in the commercial production of mint must be cleaned free of soil and plant debris using methods approved by Oregon State University or the Department prior to entering the control area;

(d) Mint growers shall provide the Department with complete maps showing the location of all mint fields, and whether they were planted with certified or noncertified root stocks. The source of certification or inspection shall be shown for each field planted;

(e) Mint growers shall retain documentation of the sources of mint root stocks for any new plantings. New plantings shall be mapped and the maps submitted to the Department on or before June 15 of each year that this control area Order is in effect; and

(f) The Department shall inspect mint fields not eligible for Oregon State University certification for the presence of Verticillium wilt symptoms upon a request of the grower. Such requests shall be mailed to the Department on or before June 15. Phytosanitary certificates shall be issued only for those fields found free of Verticillium wilt symptoms and inspected after June 15 and prior to harvest of the mint for oil production. The Department shall assess the established site charges for time and mileage for any suc h inspections.

(3) Violation: Any violation of this Order shall be deemed to be in violation of ORS 570.410 and subject the violator to the penalty provisions of ORS 570.990. Additionally, any mint stock found to be in violation of this Order shall be destroyed or disposed of in a manner prescribed by the Department.

(4) Review: This control area order will be reviewed beginning in the first quarter of 1999 by the Department, Oregon State University, mint growers, mint oil companies and other interested parties.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 3-1998, f. & cert. ef. 3-27-98

Or. Admin. R. 603-052-0347 Control Area and Procedures in Malheur County

(1) As authorized by ORS 570.405 to 570.435, a control area is established for the protection of the onion industry in the following described area through the eradication or control of Allium white-rot disease caused by Sclerotium cepivorum. Such control area includes all of Malheur County.

(a) No person shall import into the control area for the purpose of propagation any bulbs, sets, or seedlings of onion, garlic, leek, chive, shallots, or other Allium spp. with the following exceptions:

(A) The bulbs, sets, or seedlings were produced in adjacent Idaho counties covered by the Idaho Rules Governing White-Rot Disease of Onion (IDAPA 02.06.07) in Ada, Bingham, Blaine, Boise, Bonneville, Canyon, Cassia, Elmore, Gem, Gooding, Jefferson, Jerome, Lincoln, Madison, Minidoka, Owyhee, Payette, Power, Twin Falls, and Washington counties;

(B) The onion (Allium cepa) bulbs, sets, or seedlings were produced in Maricopa County, Arizona and were shipped in new single-use containers. Bulbs, sets, or seedlings may be shipped in reusable plastic containers provided the reusable plastic containers were sufficiently sanitized to eliminate potential Allium white rot contamination prior to packing. Each shipment must be accompanied by a state phytosanitary certificate declaring the bulbs, sets, or seedlings were produced in Maricopa County and were officially inspected and found free of Allium white rot; for bulbs, sets, or seedlings shipped in reusable plastic containers, the sanitization treatment used to decontaminate the containers must be documented on the state phytosanitary certificate accompanying the shipment. Recipients and sellers of such onion bulbs, sets, or seedlings are required to notify the Oregon Department of Agriculture – Ontario Field Office, PO Box 459, Ontario, OR 97914, Phone: 541-889-5274, Fax: 541-889-5077, of the incoming shipment(s) not less than two (2) days prior to arrival;

(b) Commercial onion propagation within the control area shall be limited to production from seed, or if vegetative propagative material is used, that material must be produced within the control area or within the counties described in subsection (a) of this section;

(c) Garlic (Allium sativum) propagation within the control area shall be limited to production in home gardens for personal use;

(d) Except as provided in subsections (d) and (e) of this section, no person shall in any manner import or move machinery, tools, or equipment into the control area, which have previously been used in any manner on fields outside the control area where the host plants named in subsection (a) of this section have been cultivated. Machinery, tools, or equipment may be imported or moved into the control area if they are first cleaned and sterilized to the satisfaction of and with the prior approval of the Department. The cleaning shall include the thorough removal of all dirt by the use of steam under pressure. Sterilization shall be accomplished by the use of steam. For the purposes of this subsection, "machinery, tools, or equipment" includes, but is not limited to, farm trucks, harvesters, and tillage equipment;

(e) Machinery, tools, or equipment utilized in the adjacent Idaho Counties covered by the Idaho Rules Governing White-Rot Disease of Onion in Ada, Bingham, Blaine, Boise, Bonneville, Canyon, Cassia, Elmore, Gem, Gooding, Jefferson, Jerome, Lincoln, Madison, Minidoka, Owyhee, Payette, Power, Twin Falls, and Washington counties are exempt from the prohibitions in subsection (d) of this section;

(f) The Department may stop the movement into or within the control area of any machinery, tools, or equipment, which have not been cleaned and sterilized as provided in this subsection, until such machinery, tools, or equipment are so cleaned and sterilized.

(3) Culls and waste from onions imported from outside of the control area must be disposed of in an approved landfill or must be treated in a manner that the Department has determined will render S. cepivorum sclerotia non-viable.

(4)(a) The Department may inspect any onions or onion planting areas within the control area during any time of the year to determine whether the disease organism is present therein. If the Department finds that any onions, whether or not being transported, or any fields are infested with the disease organism, it shall by written order, delivered or mailed to the onion grower or field owner, direct the control and eradication of the infestation, and may prior to issuance of the order, seize any infected onions which are separated from the land on which grown;

(b) Movement of such onions within the control area or removal of such from the control area may be carried out only with the Department's prior approval and under its supervision.

(5) Control and eradication methods used shall only be those approved by the Department and will be based on the best available science. These methods may include:

(a) The destruction of any infected onions;

(b) A directive specifying implementation of Departmentally approved mitigation measures to prevent the spread of S. cepivorum;

(d) A directive that equipment, tools, and machinery used on an infested area be cleaned and sterilized as described in section (3) of this rule prior to removal from said area.

(6) The Department may, with the consent of the owner, allow use of an infested growing area as an experimental plot by Oregon State University for onion white-rot research. Such use shall be subject to the prior approval of, and supervised by the Department.

(7) The Department, upon receipt of an application in writing, may issue a Special Permit allowing movement into or within this control area of regulated commodities not otherwise eligible for movement under the provisions of this control area order. An advisory committee consisting of Malheur County onion growers, packers, and processors shall review each application and provide input to the Director of the Department of Agriculture. Membership on the advisory committee shall be approved by the Department and the committee shall consist of three growers, two packers, and one processor. The committee must provide input to the Director within thirty (30) days of receipt of the application for review. The Director retains the final authority to approve or deny Special Permit requests. Movement of such commodities will be subject to any conditions or restrictions stipulated in the Special Permit, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape or spread of S. cepivorum.

(8) The Department and other interested parties shall review the control area requirements biennially for accuracy and effectiveness.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 3-2015, f. & cert. ef. 2-12-16
DOA 7-2013, f. & cert. ef. 4-26-13
DOA 20-2010, f. & cert. ef. 11-23-10
DOA 12-2009, f. & cert. ef. 8-21-09
DOA 4-2008, f. & cert. ef. 1-11-08
AD 2-1977, f. 2-9-77, ef. 3-1-77

Or. Admin. R. 603-052-0350 Control Area — Yellow Dwarf — Marion County

(1) A control area is established within the boundaries described in section (2) of this rule, all in Marion County, for the protection of the onion industry against the introduction into or the spread within that area of Yellow Dwarf disease of onions.

(2) The area is described beginning at a point on U.S. Highway 99E at the junction of said highway with Blossom Drive or otherwise known as County Road 619; thence west and north on County Road 619 to its junction with County Road 616; thence west and north on County Road 616 to its junction with Market Road 24; thence northwest on Market Road 24 to its intersection with Market Road 36; thence northeast on Market Road 36 to its junction with County Road 615; thence east on County Road 615 to its junction with U.S. Highway 99E; thence northeast on U.S. Highway to a point on U.S. Highway 99E designated as “X” or as otherwise designated as follows: Beginning at an iron pipe marking the initial point of County Road 620, said iron pipe being 5.8225 chains south from the northwest corner of the W. P. Harpole D.L.C. No. 60 in T6S R2W of the W.M., Marion County, Oregon, thence southwest along the east line of the U.S. Highway 99E 19.973 chains which is point “X.” Starting at point “X” thence east 47.28 chains along the south line of a field deeded to J.W. Fitts and Gladys B. Fitts (registered on page 45 of Volume 438 on March 21, 1952 of said county records) to an iron pipe; thence north along the east line of said field 18.064 chains to County Road 620; thence north in a straight line to a pavement known as Market Road 6; thence east on Market Road 6 to its junction with County Road 624; thence south on County Road 624 for approximately 24.52 chains to the centerline of a meandering stream; thence northeasterly along the center line of the meandering stream to its junction with the east boundary of section 10; thence north along the east boundary of section 10 for approximately 20.12 chains to its junction with Market Road 6; thence east on Market Road 6 to its junction with Market Road 51; thence southeasterly on Market Road 51 to a point where Market Road 51 turns southwesterly; thence southwesterly and south on Market Road 51 to its junction with County Road 634; thence westerly on County Road 634 to its junction with County Road 631; thence south on County Road 634 to its southeast corner; thence on an imaginary line in a southwesterly direction to the eastern angle corner of County Road 629; thence south on County Road 629 to its junction with Market Road 52; thence west on Market Road 52 to its junction with County Road 628; thence south on County Road 628 to its junction with County Road 725; thence westerly on County Road 725 to its junction with U.S. Highway 99E; thence southwesterly to the junction of said highway with County Road 619, the point of beginning.

(3) The following methods of eradication and control are declared to be the proper methods to be used in the control area described in section (2) of this rule, for the eradication and prevention of the introduction into that area of yellow dwarf disease of onions:

(a) No person shall use green onion plants, onion sets, or onion bulbs for planting for the production of onions within the control area;

(b) All cull or waste onions shall be removed from the control area prior to April 1 of each year; provided, however, that in the case of onions sorted after such date, the cull and waste onions shall be removed within 24 hours after sorting;

(c) No cull or waste onions shall be dumped or maintained within the control area after April 1 of each year; provided, however, in the case of onions sorted after such date, cull or waste onions shall not be dumped or maintained within the control area for longer than 24 hours after sorting;

(d) All onions in which, upon inspection, Aphid are found shall be removed from the control area within 48 hours of the written notice by the Department to the owner or person in charge of such onions of such infestation. The owner or person in charge of any building in which onions infested with Aphid are found, shall completely clean such building and adjoining buildings and premises of all onion bulbs following the removal of the infested onions;

(e) The owner or person in charge of any field shall remove all onions, including volunteer onions, remaining from the harvest of the preceding year in such field prior to April 1 of each year, or as the volunteer onions appear, after such date.

History

Statutory/Other Authority: ORS 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 575, f. 5-2-58, ef. 5-5-58

Or. Admin. R. 603-052-0355 Control Area — Yellow Dwarf — Yamhill and Washington Counties

(1) A control area is established within the boundaries described in section (2) of this rule, all in Yamhill and Washington Counties, for the protection of the onion industry against the introduction into or the spread within that area of yellow dwarf disease of onions.

(2) The area is described beginning at N.W. corner of section 2, Yamhill County, extending south between sections 2 and 3, approximately 27.75 chains to north line of Bridge farmer donation land claim at the N.W. corner of L.O. Griebler (or Taylor) 63 acre farm; thence southwesterly following the westerly line of said tract approximately 41 chains; thence south 75 degrees 21 minutes east 19.11 chains; thence south 70 degrees 50 minutes east 6.49 chains; thence south 23 degrees 27 minutes west 12.90 chains to center of County Road 269, 31.75 chains to the most southerly corner of the David Bridge farmer claim; thence easterly about 40 rods to the N.E. corner of the S.E. 1/4 of the N.W. 1/4 of section 11, Township 2 S., Range 4 W; thence south approximately 22 chains to center of County Road 268; thence easterly along center of said County Road approximately 12-1/2 chains to the westerly line of the Rose Crunican 100 acre tract; thence southerly along the westerly line of said Crunican tract approximately 19 chains to the S.W. Corner of said Crunican tract; thence east approximately 11.50 chains to the N.W. corner of the Frank Phillips tract; thence south along the west line of the Frank Phillips tract 20 chains to the south line of section 11; thence east along county road 267 approximately 14 chains to the S.E. corner of section 11; thence south along a line between sections 13 and 14, approximately 35 chains to the center of the State Highway; thence southwesterly along the line of the State Highway to a line between the Kate A. Branda (or G. and M. Anderson) Farm and the C.W. McConahey (or James H. and Florence M. Jones) farm; thence east along said line about 18 chains to the center of the old County Road 273; thence northeasterly along County Road 273 approximately 3/4 mile to the intersection with Market Road No. 4; thence southeasterly following center of Market Road No. 4 about 1 mile; thence easterly still following Market Road No. 4 about 1/2 mile to intersection of County Road 116; thence north-westerly along County Road 116 about 3/4 mile to north line of section 18 being terminus of County Road 116 in Yamhill County; thence continuing northerly in sections 7 and 6, Township 2S., Range 3 W., W.M. in the center of Washington County Road No. A-28 and A-83 to the intersection of County Road A-83 with east line of section 36, Township 1 S., Range 4 W., W.M.; thence north in the center of the County Road along the east line of said section 36 to the southerly terminus of County Road 269; thence northerly in the center of County Road 269 to the N.E. corner of said section 36; thence west along the north line of said section 36 approximately 3/4 mile to its intersection with the center of the Tualatin River; thence upstream in the center of said river to the west line of section 35, Township 1 S., Range 4 W., W.M.; thence south to the N.W. corner of section 2, Township 2 S., Range 4 W., W.M., and the place of beginning.

(3) The following methods of eradication and control are declared to be the proper methods to be used in the Control Area described in section (2) of this rule, to provide for the eradication from and prevention of the introduction into that area of yellow dwarf disease of onions:

(a) No onions may be produced within the Control Area except by the planting of seed. The production of onions by the use of green plants, onion sets, or bulbs is prohibited;

(b) All onion culls and waste onions shall be destroyed in a manner or by a method that will completely prevent growth, prior to March 1, or immediately after sorting in the case of any onions sorted after that date;

(c) All onions in common storage in which Aphid are found shall be removed from the Control Area prior to April 1, and such infested storage houses and adjoining premises shall be completely cleaned of all onion bulbs following such removal. All onions in such storage in which aphis are not found prior to April 1 shall be subject to reinspection, and if Aphid are found present shall be immediately removed from the district and the houses and premises shall be thoroughly cleaned;

(d) All onions remaining in fields within the Control Area after harvest shall be destroyed prior to November 1, of the current year, and in the event any remain in the field after this cleanup, they shall be removed and destroyed prior to March 1 of the following year;

(e) All onion bulbs remaining in seed producing areas within the Control Area shall be removed and destroyed prior to November 1.

(4) Any person, firm, or corporation that violates either in whole or in part, any of the provisions of this section, upon conviction shall be subject to the penalties provided in ORS 570.990.

History

Statutory/Other Authority: ORS 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 1-2006, f. & cert. ef. 1-13-06
AD 204-1945, f. 3-16-45, ef. 4-1-45

Or. Admin. R. 603-052-0360 Temporary rule language in effect until 09/29/2026. Control Area: Onion Maggot — Malheur County

(1) A control area is established within the boundaries of Malheur County for the protection of the onion industry by the eradication or control of the insect pest known as the onion maggot. This control area order is based on IPM principles first recognized and used by Malheur County growers in 1957.

(2) The following methods of eradication and control are declared to be the proper methods used in this control area order:

(a) All cull or waste onions in Malheur County shall be disposed of by a method approved by this control order prior to March 15 each year; for onions sorted after that date until July 1, the resulting cull and waste onions shall be disposed of within one week after such sorting;

(b) Disposal of cull or waste onions shall be accomplished only as set forth below:

(A) Disposal by covering in a dump site approved by the Oregon Department of Environmental Quality (DEQ). Culls and onion debris shall be dumped and covered by at least 12 inches of onion-free soil by March 15 each year;

(B) Disposal by animal feeding. Culls and onion debris shall be completely removed from feeding areas by March 15 and buried under 12 inches of onion-free soil. Onions tramped into the soil so they cannot be removed shall be plowed to a depth of 12 inches;

(C) Disposal by chopping or shredding. Chopped or shredded onion debris that is incapable of sprouting may be returned to the field at an appropriate agronomic rate and plowed to a depth where no onion parts are exposed on the surface;

(D) Composting. All onion debris shall be incorporated into the compost bed and completely covered by 12 inches of onion-free soil;

(E) Disposal of residue in onion producing fields. Commercial onion fields where sort out bulbs are left at harvest shall be disked to destroy the bulbs and shall be plowed to a depth of at least 12 inches by March 15 each year. Seed bulbs shall be disposed of in the same manner following the last harvest. The owner of the field is ultimately responsible for compliance with this rule;

(F) If inclement weather prevents plowing, the culls will be treated with an EPA-labeled insecticide applied in accordance with label instructions at prescribed intervals until proper disposal occurs.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 96-2026, temporary amend filed 04/03/2026, effective 04/03/2026 through 09/29/2026
Reverted to DOA 3-2009, f. & cert. ef. 2-13-09
DOA 6-2017(Temp), f. & cert. ef. 2-17-17 thru 8-15-17
DOA 3-2009, f. & cert. ef. 2-13-09
DOA 7-2008, f. & cert. ef. 2-8-08
DOA 2-2007, f. & cert. ef. 1-30-07
DOA 1-2006, f. & cert. ef. 1-13-06
DOA 3-1999, f. & cert. ef. 1-29-99
AD 4-1995, f. & cert. ef. 4-5-95
AD 784(8-64), f. 4-29-64, ef. 5-15-64
AD 590, f. 9-10-58, ef. 9-28-58

Or. Admin. R. 603-052-0385 Malheur County Bean Disease Control Area and Procedures

(1) As authorized by ORS 570.405 to 570.435, a control area is established for the protection of the bean seed industry in the following described area through the eradication or control of seedborne bacterial diseases, specifically: Halo Blight caused by Pseudomonas savastanoi pv. phaseolicola (= P. phaseolicola); Common Bean Blight caused by Xanthomonas axonopodis pv. phaseoli (= X. phaseoli and X. phaseoli var. fuscans); Bacterial Brown Spot caused by Pseudomonas syringae pv. syringae (only strains virulently pathogenic to Phaseolus sp.); Bacterial Wilt caused by Curtobacterium flaccumfaciens pv. flaccumfaciens (= Corynebacterium flaccumfaciens); Anthracnose caused by Colletotrichum lindemuthianum (teleomorph = Glomerella lindemuthiana), soybean cyst nematode caused by Heterodera glycines, Asian soybean rust caused by Phakopsora pachyrhizi, or any variations or new strains of these diseases, which are recognized as virulently pathogenic and seedborne, and/or a potential threat to seed production, all of which are hereafter referred to as diseases of beans; such control area includes all of Malheur County, Oregon.

(2) The following methods of control are declared to be the proper methods to be used in the control area described in section (1) of this rule, for the control and prevention of the introduction of diseases of beans. All non-Phaseolus species beans, from whatever source, used for planting purposes within Malheur County must meet the requirements as dictated in Section 7 of this rule. All Phaseolus species bean seed from whatever source, used for planting purposes within Malheur County are subject to the following:

(a) Phaseolus species bean seed grown in Malheur County for planting in Malheur County:

(A) Shall be certified in accordance with the procedures and provisions of section (3) of this rule;

(B) Shall have a Malheur County planting certificate number assigned by the Department;

(D) Shall have been grown and inspected for two consecutive preceding generations in Malheur County under rill irrigation prior to growing under sprinkler irrigation.

(b) Imported bean seed grown west of the Continental Divide in the contiguous states:

(A) May not be grown under sprinkler irrigation in Malheur County;

(B) Must have an approved phytosanitary certificate from the state of origin affirming freedom from the diseases listed in section (1) of this rule, based on growing season and windrow inspection, this seed may be planted in Malheur County only with the prior approval of the Department and provided that each field planted within Malheur county is submitted for Departmental inspections; and

(D) Idaho grown bean seed shall be exempt from the requirements of this paragraph provided that:

(i) It has been certified for in-state planting by the Idaho State Department of Agriculture;

(ii) It bears Idaho State Department of Agriculture inspected or approved tags;

(iii) It is certified by the Idaho State Department of Agriculture or their official cooperator to have been grown and inspected for two consecutive preceding generations in Idaho under rill irrigation prior to planting for growing under sprinkler irrigation in Malheur County;

(iv) Imported bean seed grown east of the Continental Divide in the contiguous states or in foreign countries or otherwise ineligible for planting in Malheur County may be planted in Malheur County only on Departmentally approved Trial Grounds, and are subject to the provisions of section (6) of this rule.

(3) All bean fields in Malheur County shall be subject to entry and inspection by the Department. Growing season inspections of all bean fields shall be done as many times as deemed necessary by the Department, in accordance with the following:

(a) Bean fields grown for seed to be certified for planting in Malheur County shall be inspected by the Department during the growing season and in the windrow, including:

(A) Such bean fields grown under rill irrigation shall be inspected a minimum of one time during the growing season before plants mature seed, and again in the windrow;

(B) Such bean fields grown under sprinkler irrigation shall be inspected a minimum of two times during the growing season before plants mature seed, and once in the windrow; and,

(C) The tolerance for the diseases (identified in section (1) of this rule) in any field or part thereof for seed to be certified for planting in Malheur County shall be zero.

(b) Bean crops requiring field inspections to qualify for phytosanitary certifications shall be subject to the same inspection requirements and tolerances as set forth in subsection (a) of this section;

(c) Oregon State University certification inspections may replace the Departmental inspections for certification of seed for planting in Malheur County, if appropriate growing season and windrow inspection requirements as set forth in subsection (a) of this section are met;

(d) Every grower, seed company, or handler of bean seed for planting crops to be grown in Malheur County shall submit his written request to the Department to make the inspections required under this Bean Disease Control Area Order, on or before July 1 of each year. Such written request shall include acreage, general location of field, method of irrigation, name and address and telephone number of applicant.

(4) Eradication methods used shall only be those approved by the Department, including:

(a) Any bean seed found or known to be contaminated with disease which is now within the boundaries of Malheur County shall not be planted in Malheur County;

(b) Any bean fields within the boundaries of Malheur County which show contamination of disease shall be destroyed in part or in total as may be required to eliminate the presence of disease in the field, by and at the expense of the grower, or landlord, or his authorized agents. Seed harvested from any commercial or garden beans first found infected during windrow inspection shall not be eligible for certification for replanting. The Department shall notify the grower, or landlord, or his authorized agents, of the method and extent of destruction and any safeguards to be taken against disease spread;

(c) The true identity of a regulated disease on growing plants or plants in the windrow will be based upon the observance of symptoms of a regulated disease and, when necessary to establish identity or pathogenicity, standard testing methods to be conducted by the Department, including:

(A) The definitive verification of identity or pathogenicity shall include isolation of the suspected pathogen and inoculation of seedlings of a known susceptible host;

(B) Until verification of the suspected pathogen is completed the involved planting shall be placed under quarantine for a period of 30 days subject to review or extension as determined by the Department, and entry to the quarantined area shall be restricted to the grower, his agents, the Departmental officials, or persons authorized in writing by the Department, who shall be required to take all necessary sanitary precautions, as prescribed by the quarantine order, to safeguard against the possible spread of the suspected regulated disease; and

(C) The true identity of a regulated disease when found in or on seed shall be based on standard laboratory testing methods, the positive results of which shall be conclusive that the plants are subject to this control order, unless the owner of the seed requests verification of pathogenicity to be performed at his expense.

(d) When any regulated disease is verified by the Department, the grower or seed company shall be notified by the Department of such findings, and shall have 48 hours to view the involved planting or laboratory results prior to any action being taken by the Department.

(5) Exemption and special situations to these requirements are as follows:

(a) Beans for processing or fresh consumption are exempt from destruction if the diseased portion of the field is destroyed or harvested within five days after first detection or laboratory verification of the disease, and the crop residue is promptly and completely plowed under after harvest;

(b) A field contaminated with brown spot (P. syringae pv. syringae) may be eligible for a Special Permit as dictated in Section 8 of this rule and at the discretion of the Department.

(6) Trial Grounds are defined as parcels of land approved by the Department to be set aside for research, testing, or increase of: bean seed grown on Trial Grounds in Malheur County during previous seasons; bean seed eligible for planting in Malheur County; or bean seed otherwise ineligible for planting within the Malheur County. Trial Grounds shall be utilized in accordance with the following:

(a) They shall be under the supervision of technically trained personnel approved by the Department;

(b) The land upon which they are situated shall be owned or leased by the grower and, if leased, a copy of the lease shall accompany the application for approval;

(A) The name of supervisor in charge;

(B) The location and size of the Trial Ground; and

(d) An applicant may have more than one Trial Ground approved, provided a separate application is submitted for each Trial Ground and provided it meets the requirements of this section;

(e) Any seed grown on Trial Grounds to be released to farmer growers for replanting within Malheur County or requiring phytosanitary certification shall meet the inspection requirements of section (3) of this rule;

(f) All information submitted with the approval applications shall be deemed to be confidential under ORS 192.500(1)(b) and (c);

(g) Experimental Plots are defined as subdivision areas within Trial Grounds used for the introduction of imported seed otherwise ineligible for planting in Malheur County. A maximum of one pound of bean seed per variety may be planted in an Experimental Plot without standard testing, except as noted in this section;

(h) Introduction Plots are defined as subdivision areas within Trial Grounds used for the introduction or increase of imported bean seed grown east of the Continental Divide or in foreign countries, imported bean seed from west of the Continental Divide not meeting the requirements of section (2) of this rule, any bean seed previously grown in Malheur County, or any bean seed eligible for planting in Malheur County. A maximum of two (2) acres per variety in any given year may be planted in an Introduction Plot. Imported seed shall have successfully passed standard testing methods conducted by the Department from officially drawn samples prior to planting. Only one Introduction Plot may be maintained by a holder of more than one approved Trial Ground;

(i) Trial Grounds shall be subject to the following restrictions and inspection procedures:

(A) All machinery used in production of bean seed on Trial Grounds shall be disinfected to the satisfaction of the Department prior to the movement to other bean field;

(B) There shall be a minimum of four growing season and one windrow inspection, by the Department, for which the fees and charges will be $7.50 per acre (or fraction thereof) per inspection of seed from east of the Continental Divide or foreign countries; and $3.50 per acre (or fraction thereof, see OAR 603-045-0315) per inspection of seed from west of the Continental Divide; and

(C) If disease is found on Trial Ground, none of the seed produced on that Trial Ground may be certified but shall under go one additional year of Trial Ground growing to assure that contamination did not occur.

(7) Non-Phaseolus species beans grown in Malheur County for planting must meet the following conditions:

(a) Requirements for planting non-Phaseolus species beans in Malheur County:

(A) Malheur County origin seeds are from a lot that has been inspected in accordance with these rules and has been issued official inspected or approved tags;

(B) Idaho-grown non-Phaseolus species bean seed shall be exempt from the requirements of this paragraph provided that:

(i) It has been certified for in-state planting by the Idaho State Department of Agriculture;

(ii) It bears Idaho State Department of Agriculture inspected or approved tags;

(iii) It is certified by the Idaho State Department of Agriculture or their official cooperator as having been inspected in the growing season and pre-harvest or in the windrow for diseases of bean.

(C) Imported seed from areas other than Idaho must be certified and issued official tags by the seed certification agency of the state of origin and be accompanied by an official state phytosanitary certificate verifying the seed was inspected, tested, and found free of diseases of bean and verifying the seed is free of soil.

(b) Every grower, seed company, or handler of non-Phaseolus species bean seed for planting crops to be grown in Malheur County shall submit his written request to the Department to make growing season and pre-harvest or windrow inspections on or before July 1 of each year. Such written request shall include acreage, general location of field, method of irrigation, name and address and telephone number of applicant.

(c) The tolerance for the diseases of bean in any field or part thereof for non-Phaseolus bean seed to be certified for planting in Malheur County shall be zero. Eradication of said diseases of bean shall be performed as described in section (4) of this rule.

(8) Special Permits: The Department, upon receipt of an application in writing, may issue a Special Permit allowing movement into this state, or movement within this state, of regulated commodities not otherwise eligible for movement under the provisions of this quarantine order. Movement of such commodities will be subject to any conditions or restrictions stipulated in the Special Permit, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape or spread of the regulated pests as described in Section 1 of this rule.

(9) Review of quarantine: The Department and other interested parties shall review the quarantine requirements biennially for accuracy and effectiveness.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
DOA 4-2016, f. & cert. ef. 2-12-16
DOA 8-2015, f. & cert. ef. 5-29-15
DOA 13-2014, f. & cert. ef. 8-20-14
DOA 1-2006, f. & cert. ef. 1-13-06
DOA 9-2005, f. & cert. ef. 2-15-05
AD 5-1978, f. 5-17-78, ef. 6-10-78

Or. Admin. R. 603-052-0390 Wallowa County Potato Disease Control Area and Procedures

(1) As authorized by ORS 570.405 to 470.435 a control area is established for the protection of the seed potato industry in Wallowa County against the introduction and spread of potato diseases, including viruses and pests. Such area includes all of Wallowa County, Oregon.

(2) The following methods are to be used in the control area described in section (1) of this rule for the control of potato diseases and pests within the control area and to prevent the introduction of such diseases and pests into Wallowa County:

(a) All potato seed imported into the control area shall have a Federal-State Shipping Point inspection and certification prior to entering the control areas;

(b) All potato seed planted in the control area for the purpose of producing commercial or seed quality potatoes shall be of a quality which meets the minimum requirements of the Oregon State University potato seed certification standards for Generation III, VT-SC Stock established via stem-cutting, and must be eligible for recertification in the growing area. Recertification quality shall be based on a winter test and must meet the Oregon State University potato seed certification standard for Generation III, VT-SC winter test tolerances;

(c) All potato seed sold in the control area for the purpose of home garden or noncommercial potato production shall be of a quality which meets the minimum requirements of the Oregon State University potato seed certification standards for Oregon Foundation Class;

(d) Copies of all certification tags and shipping point certificates shall be forwarded to the Department for final approval of potato seed stock intended for use in the production of commercial or seed quality potatoes within the control area; and

(e) All cull potatoes accumulated at the time potatoes are dug and moved into storage shall be destroyed within 30 days thereof, and all cull potatoes accumulated during shipment process shall also be destroyed within 30 days thereof.

(3) Exceptions to the requirements specified in subsection (2)(b) of this rule shall be permitted only when planting stock of the quality specified in said subsection is not available for certain potato varieties. Varieties or clones considered under this exception shall be converted to the requirements set forth in subsection (2)(b) of this rule as soon as seed stock is available. Potato seed intended for use in production of commercial or seed quality potatoes which do not meet the recertification requirements of subsection (2)(b) of this rule are subject to the following limitations:

(a) Written approval to plant such potato seed stock shall be secured from the Department prior to planting in the control area;

(b) Such potato seed stock shall be limited to no more than twenty cwt. for any one variety, and for each cwt. of such variety planted at least ten tubers must be virus-tested in accordance with standards established under the Oregon State University seed potato certification program, and such variety of potato seed stock shall be brought up to the Oregon State University potato seed certification standards for Generation III, VT Stock within three years;

(A) Tuber Unit: a tuber unit shall consist of two or more seed pieces produced from a single tuber. The seed pieces so produced from a single tuber shall be planted in successive hills in the seed row with two or more hills skipped between tuber units;

(B) Single Drops: uncut single tubers selected from the allowable twenty cwt. may be planted as single drops provided that the single drop planting area is clearly marked within the field.

(4) Persons subjected to subsection (2)(b) of this rule shall have three years within which to convert their seed stock programs so as to meet the requirements set forth in said subsection, and seed stock used for the 1983 planting season shall meet the requirements of subsection (2)(b) of this rule.

(5) Any violation of this rule shall be deemed to be a violation of ORS 570.410 and subject the violator to the penalty provisions of ORS 570.990. Additionally, any potato seed found to be in violation of this rule shall be destroyed or disposed of in a manner prescribed by the Department.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 415
AD 3-1980, f. 4-22-80, ef. 5-12-80

Or. Admin. R. 603-052-0395 Union County Potato Disease Control Area and Procedures

(1) As authorized by ORS 570.305 and 570.405, a control area is established for the protection of the seed potato industry in Union County against the introduction and spread of potato diseases, including viruses and pests. Such area includes all of Union County, Oregon north of the Craig Mountain Range: i.e. all of Union County north of a west to east line starting at the intersection of the Western border of Union County and the northern border of T4S R34E sec 34 and continuing due east to the eastern border of Union County at the northern border of T4S R43E sec 31.

(a) All potato seed imported into the control area shall have a Federal-State Shipping Point inspection and certification prior to entering the control area;

(b) All potatoes planted in the control area for the purpose of producing seed quality or commercial potatoes shall meet the minimum disease tolerances of OSU Potato Seed Certification Standards for generation 2 (field year 3) stock and must be eligible for re-certification in the growing area based upon a winter grow-out test. All production larger in scope than a home garden (potatoes not grown for re-sale in commercial markets are considered home garden or noncommercial potato production) must be entered into the OSU Seed Certification Program as a seed production field or into the Un-certified Field Inspection Program as a commercial production field;

(c) All potato seed sold in the control area for the purpose of home garden or noncommercial potato production shall be of a quality that meets the minimum requirements of the Oregon State University potato seed certification standards for Oregon G4 or earlier generations;

(d) All cull potatoes accumulated at the time potatoes are dug and moved into storage shall be destroyed within 30 days, and all cull potatoes accumulated during shipment process shall also be destroyed within 30 days;

(e) Diseases, such as potato late blight, or viruses vectored by aphids require preventative management. Therefore, appropriate control measures are required throughout the growing season to prevent late blight infection or buildup of insects that vector viruses. Specific ways to prevent these problems require using widely accepted methods such as found in the Pacific Northwest Disease/Insect Management Handbooks, or as recommended by local experts in disease/insect control.

(f) All farm equipment related to potato production (used to till and level farm ground or handle potatoes), must be steam cleaned or power washed to remove all soil and plant debris before entering the control area.

(3) Potatoes in transit through the control area shall be in containers or vehicles covered or sealed to prevent lost of tubers or soil.

(4) Destruction of volunteer potatoes. Each grower within the control area is responsible for destroying volunteer potatoes growing on summer fallow, set-aside, non-cultivated, and rotational crop areas of the grower’s property. In the event that the grower fails to destroy such plants, the Director may order them destroyed at the expense of the grower. Volunteers in rotation crops should be controlled in the best way possible.

(5) Potatoes in home gardens may be subject to inspection by the Oregon Department of Agriculture should the need arise, and effective control measures shall be taken if necessary.

(6) Any violation of this rule shall be deemed to be a violation of ORS 570.410 and subject the violator to the penalty provisions of ORS 570.990 and 570.995, including civil penalties of up to $10,000. Additionally, any potato seed found to be in violation of this rule shall be destroyed or disposed of in a manner prescribed by the Department. The grower shall pay the cost of destruction.

History

Statutory/Other Authority: ORS 561.190, 570.305 & 570.405
Statutes/Other Implemented: ORS 571.057
DOA 10-2008, f. & cert. ef. 2-28-08

Or. Admin. R. 603-052-0450 Quarantine; Cherry Bark Tortrix

(1) Establishing a Quarantine. A quarantine is established against the pest known as cherry bark tortrix, Enarmonia formosana (Scopoli).

(2) Areas Under Quarantine. The entire state of Washington, the province of British Columbia, and any other state, territory or province where the presence of an established population of cherry bark tortrix is confirmed and effective eradication procedures have not been implemented, as determined by the Director of the Oregon Department of Agriculture. In Oregon, Multnomah and Clackamas counties.

(3) Commodities Covered. The cherry bark tortrix, Enarmonia formosana (Scopoli); host plants of the cherry bark tortrix, including all species of the genera, Crataegus, Cydonia, Malus, Prunus, Pyracantha, Pyrus and Sorbus; and unseasoned firewood derived from trees of these host plant genera. Uninfested nursery stock plants of these genera that are less than two inches in diameter are exempted from the quarantine.

(4) Restrictions. Regulated commodities shall not be shipped or moved directly or indirectly from the regulated areas into the state of Oregon unless accompanied by a permit or certificate issued by a state or federal agriculture official from the regulated area and based upon the following conditions:

(a) The regulated plants have been grown in a screened greenhouse or screenhouse adequate to exclude the adults of cherry bark tortrix; or

(b) Such regulated plants have been treated in accordance with a fumigation schedule approved in writing by the Director of the Oregon Department of Agriculture; or

(c) Each dormant, defoliated, regulated host plant shall be inspected by an authorized agricultural official of the regulated state or province for the presence of cherry bark tortrix and found free of any evidence of infestation by that pest;

(d) Portions of states or provinces listed in the area under quarantine may have counties that are not infested with cherry bark tortrix. Shipments of covered commodities may be accepted from these noninfested counties if annual surveys are made in such counties and the results of such surveys are negative for cherry bark tortrix. A list of counties so approved will be maintained by the Oregon Department of Agriculture. Agricultural officials of a quarantined state or province may recommend a noninfested county be placed on the approved county list by writing for such approval and giving the following information: areas surveyed, how the survey was carried out, personnel involved and, if the county was previously infested, date of last infestation. If heavy infestations occur in neighboring counties, approval may be denied. To be maintained on the approved list, each county must be reapproved every twelve (12) months. Shipments of and covered commodities from noninfested counties will only be allowed entry into Oregon if the uninfested county has been placed on the approved list prior to the arrival of the shipment in Oregon.

(5) Persons shipping regulated commodities into the state of Oregon must comply with Oregon's notification requirement for imported tree and shrub nursery stock, OAR 603-054-0027.

(6) The person to whom the regulated commodities are shipped shall hold the articles until they are inspected and released by a duly appointed inspector of the state of Oregon.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600 & 570.305
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600 & 570.305
DOA 2-2007, f. & cert. ef. 1-30-07
DOA 7-2005, f. & cert. ef. 2-15-05
AD 6-1996, f. & cert. ef. 6-10-96

Or. Admin. R. 603-052-0825 Hazelnut Nursery Stock Control Area

(1) A control area is established as authorized under ORS 561.510 and 570.405 to protect Oregon's hazelnut industry from the introduction of Eastern filbert blight, caused by the fungus Anisogramma anomala. Eastern filbert blight causes stem cankers in ornamental and commercial hazelnuts leading to a decline in productivity and eventual death of the plant. Eastern filbert blight does occur in the Pacific Northwest but new commercial varieties of hazelnut are resistant to the local strain. However, a more virulent strain of Eastern filbert blight occurs in other areas that would have a severe impact on Oregon's ornamental and commercial hazelnut industries if it were introduced into Oregon. The strains of Eastern filbert blight cannot be readily distinguished by standard laboratory testing methods.

(2) This control area includes the entire state of Oregon.

(3) The following definitions apply to OAR 603-052-0825:

(a) "Hazelnut plants" means plants and plant parts of Corylus species.

(b) "Pest Free Area" means an area where Eastern filbert blight does not occur as demonstrated by scientific evidence and, where appropriate, this condition is being officially maintained.

(d) "Micropropagate" means plant propagation using aseptic laboratory techniques and an artificial culture medium.

(4) To prevent the introduction of Eastern filbert blight, hazelnut plants shown to be a host of Eastern filbert blight that are imported into the control area must meet at least one of the following conditions. A phytosanitary certificate with an additional declaration corresponding to one of the options below is required.

(a) The hazelnut plants must originate from a pest free area.

(b) The importer of the hazelnut plants agrees to the following conditions:

(A) A maximum of 25 plants of each cultivar will be imported.

(B) The plants will be segregated in a greenhouse or similar secure location for a post-entry quarantine period of two (2) years.

(C) An official inspector will inspect the plants twice per year during the post-entry quarantine period. At least one inspection will take place during the dormant season. Plants that pass all inspections will be released from post-entry quarantine with no further restrictions. Plants on which Eastern filbert blight is detected must be destroyed immediately at the importer’s expense.

(c) The importer of the hazelnut plants will import a maximum of 25 plants of each cultivar for the specific purpose of micropropagation. The micropropagated plants may be released from post-entry quarantine provided an official inspection reveals no evidence of disease while the plants are growing in the artificial culture medium. Parent plants must be maintained as described in (4)(b) or destroyed.

(d) The hazelnut plants are micropropagated and are shipped in an artificial culture medium in sealed containers.

(e) Hazelnut nuts must be free of green twigs and other green plant debris before being imported into the control area. Notification and phytosanitary certificates are not required for shipments of hazelnut nuts.

(5) Notification of regulated commodity shipment is required. The shipper shall mail, FAX or e-mail documents including the phytosanitary certificate of compliance, listing the type and quantity of plants, address of shipper, address of recipient, test results, contact numbers to: Nursery Program Supervisor, Plant Division, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301; FAX 503-986-4786; e-mail: quarantine@oda.oregon.gov. The department may require that shipments be held until inspected and released. In addition, field grown plants may be required to be held for up to two years so they can be inspected for the disease as necessary before final release. ODA will contact importers within one business day of the receipt of notification, if the hazelnut plants must be held for inspection.

(6) Violation of the control area may result in a fine, if convicted, of not less than $500 nor more than $5,000 as provided by ORS 561.990. Violators may also be subject to civil penalties of up to $10,000 as provided by 570.410, 570.990, and 570.995; nursery license suspension or nursery license revocation. Commodities shipped in violation may be treated, destroyed or returned to their point of origin at the importer’s expense.

(7) The need for this control area and its effectiveness will be reviewed by the department and other interested parties biennially.

History

Statutory/Other Authority: ORS 570.405
Statutes/Other Implemented: ORS 561.510
DOA 7-2026, minor correction filed 01/29/2026, effective 01/29/2026
DOA 1-2026, minor correction filed 01/14/2026, effective 01/14/2026
DOA 5-2014, f. & cert. ef. 4-29-14
DOA 22-2008, f. & cert. ef. 10-16-08

Or. Admin. R. 603-052-0830 Commercial Potatoes Produced in Oregon to be Grown from “Certified Seed”

(1) As authorized by ORS 570.405 to 570.435, a control area is established for the protection of the Oregon potato industry against the introduction and spread of serious bacterial, fungal, viral, and nematode diseases of potatoes. Such control area includes all of the state of Oregon.

(2) The following methods of control are declared to be proper methods to be used in the control area described in section (1) of this rule:

(a) All commercial potato plantings in Oregon in excess of one acre in size shall be propagated from “certified seed” only;

(b) All Oregon potato growers shall be responsible for obtaining proper certification documents or tags to verify that all seed potatoes used for potato propagation comply with this rule. Such documents shall be retained by the grower for one calendar year and shall be provided to the Oregon Department of Agriculture upon written request for such documentation. Such documentation shall include the total weight of certified seed potatoes received by the grower in questions, and shall be issued only by a legal certifying agency in the state or country of origin. Falsification of seed potato certification documents shall be deemed to be in violation of ORS 570.410;

(c) Oregon Department of Agriculture officials may sample any potato seed lot for the purpose of testing and verification of compliance with “certified seed” only standards. Such department official may enter any potato field for the purpose of conducting inspections which may be required to carry out this rule;

(d) Definitions: “Certified seed” shall be limited to seed which meets those standards established for “certified seed” by the representing agency officially recognized by the state or country of origin.

(3) Exceptions to the “certified seed” only requirement may be permitted by the Director of the Oregon Department of Agriculture when availability of “certified seed” does not allow compliance with this rule. Such exceptional permit shall be obtained prior to planting. Specific requirements may be stipulated in the Director’s permit.

(4) Any violation of this rule shall be deemed to be a violation of ORS 570.410 and may subject the violator to the penalty provisions of 570.990.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
AD 5-1990, f. & cert. ef. 3-19-90

Or. Admin. R. 603-052-0860 Brassicaceae Production Districts and Rapeseed Control Areas

As provided in ORS 570.405 and 570.450, the Oregon Department of Agriculture may establish control areas for the production of Brassicaceae so as to protect against plant diseases, plant pests or other conditions as may constitute a menace to the horticultural, agricultural or forest industries of Oregon. The Department may also establish the conditions for the production of Brassicaceae including rapeseed, for the general protection of the horticultural, agricultural or forest industries of Oregon by excluding from established control areas Brassica spp. or rapeseed plants that if, not managed in accordance with these rules, may be a menace to such areas and generally to horticultural, agricultural or forest industries.

History

Statutory/Other Authority: ORS 561.190, 570.405 & 570.450
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450
DOA 1-2015, f. & cert. ef. 1-13-15
DOA 11-2013, f. & cert. ef. 10-21-13
DOA 1-2013, f. & cert. ef. 2-6-13
Reverted to DOA 3-2010, f. & cert. ef. 1-21-10
DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13
DOA 3-2010, f. & cert. ef. 1-21-10
DOA 14-2009, f. & cert. ef. 9-16-09
DOA 18-2005, f. & cert. ef. 10-28-05
AD 19-1991, f. & cert. ef. 12-5-91
AD 7-1991(Temp), f. & cert. ef. 7-22-91
AD 19-1990, f. & cert. ef. 10-15-90

Or. Admin. R. 603-052-0861 General Production Area/Protected Districts

The seeding and growing of Brassicaceae by any person for any purpose in the state of Oregon shall be subject to the regulations of the general production area and, if applicable, a protected district as described in these rules.

History

Statutory/Other Authority: ORS 561.190, 561.510–561.600, 570.305, 570.405. 570.410–570.415, 570.450 & ORS 570.405
Statutes/Other Implemented: ORS 570.405–570.415 & 570.450
DOA 16-2019, amend filed 07/02/2019, effective 07/02/2019
DOA 1-2015, f. & cert. ef. 1-13-15
DOA 11-2013, f. & cert. ef. 10-21-13
DOA 1-2013, f. & cert. ef. 2-6-13

Or. Admin. R. 603-052-0862 Definitions

Unless the context requires otherwise, the following terms are defined as indicated:

(1) "Blackleg" means the disease of crucifer crops and Brassicaceae species caused by the fungi Leptosphaeria maculans (Tode ex Fr.) Ces. & de Not or Plenodomus biglobosus (Shoemaker & H. Brun).

(2) "Brassicaceae" means any genera and species in the plant family Brassicaceae including, but not limited to, all species of Brassica and Sinapis, and Raphanus sativus and excluding the ornamental genera Arabis, Erysimum , and Iberis.

(3) “Brassica Specialty Seed crop” means crops of the species Brassica rapa, B. napus , and B. juncea that may cross pollinate with canola and are grown for seed production .

(4) "Cover crop Brassica" means any member of the Brassicaceae that is grown as a cover crop and is not allowed to flower.

(5) “Crop Year” means the calendar year following the year the permit is issued.

(6) "Department" means the State Department of Agriculture.

(7) "Director" means the Director of the Department or the Director's duly authorized representative.

(8) "Field" means a commercial production area in which the Brassicaceae are planted directly into the ground. A field may include one or more contiguous plots of land managed as a single unit. These plots may be separated by an unimproved farm road, ditch or hedgerow.

(9) "Forage Brassica" means member of the Brassicaceae that is grown for animal/livestock feed and is not allowed to flower.

(10) “ Isolation Distance ” means distance between crops to avoid cross pollination between canola and high erucic acid Brassica Specialty Seed crops .

(11) “Isolation Distance Exception”means the planting of a crop at a distance less than the Isolation Distance established by the Department.

(12) “Isolation Distance Exception Agreement” means an agreement between any Brassica Specialty Seed crop grower and a canola grower to plant in a field that is less than the Isolation Distance. Agreements must be in writing, legally binding on the parties, accepting the risk of not maintaining Isolation Distances and signed by the parties to the agreement.

(13) "Land manager" means any person who is legally responsible for the maintenance, use, and development of resources for a section of land or piece of property.

(14) “Lottery” means a process whose success is governed by chance.

(15) "Person" means an individual, firm, partnership, corporation, company, society, association, cooperative, two or more persons having a joint or common interest, or any unit or agency of local, state, or federal government.

(16) "Producer" means any person who is the owner, tenant, or operator of land who has an interest in, and is entitled to receive all or any part of the proceeds from the sale of any commodity produced on that land.

(17) “Protected District Advisory Committee”means a body of industry professionals, businesses and individuals who may advise and counsel the Department on the type of rapeseed species and varieties which may be produced in the protected district.

(18)“Rapeseed”means plants of the species B. napus, B. rapa and B. juncea grown for the purpose of edible oil production or for inedible oil production .

(a) “Edible oil production” means rapeseed that has a low erucic acid content and is grown for human or animal consumption. Canola grown for edible oil or livestock feed is a rapeseed that has a low erucic acid content.

(b) “Inedible oil production”means rapeseed that has a high erucic acid content and is grown for industrial uses or biofuels . Canola grown for inedible oil production suitable for industrial uses is a rapeseed that has a high erucic acid content.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405. 570.410 - 570.415, 570.450 & ORS 570.405
Statutes/Other Implemented: ORS 570.405 - 570.415, 570.450 & SB 885
DOA 26-2019, amend filed 12/20/2019, effective 12/20/2019
DOA 16-2019, amend filed 07/02/2019, effective 07/02/2019
DOA 18-2016, f. & cert. ef. 8-16-16
DOA 1-2015, f. & cert. ef. 1-13-15
DOA 11-2013, f. & cert. ef. 10-21-13
DOA 1-2013, f. & cert. ef. 2-6-13

Or. Admin. R. 603-052-0870 General Production Area

All lands in Oregon constitute the General Production Area for the purposes of controlling pests and diseases of the Brassicaceae. Brassicaceae production in the General Production Area is subject to the following best management practices:

(1) All Brassicaceae seed stock intended for planting for commercial or home use in the General Production Area must be accompanied by an official test report stating that the untreated seed is from a seed lot that has been tested and found free from blackleg. Only seed stock or transplants from seed stock that has tested free of blackleg may be planted or sold within the General Production Area. Producers must maintain a copy of the official test reports for a minimum of three (3) years from the time of planting;

(2) To prevent buildup of blackleg, blackrot, and other diseases and pests, plants of the Brassicaceae may not be grown in the same field more often than two years in every five years;

(3) All planting, harvest, and transportation equipment shall be cleaned to prevent any inadvertent spread of Brassicaceae plant material from the field;

(4) All unbagged loads of Brassicaceae seed stock transported must be in enclosed bins or in containers lined and covered in a manner to prevent seed loss;

(5) Any volunteer or uncontrolled Brassicaceae in or around producer’s fields must be prevented from flowering by the producer;

(6) The Department may, as it deems necessary, inspect or cause to be inspected any field, crops, areas in or around production fields, or any other area within the General Production Area for Brassicaceae infected with blackleg. Such inspections will be carried out during normal business hours and consent may be sought for entry into fields or other areas. Inspection may include the taking of samples as may be necessary to determine whether plants are infected with blackleg;

(7) Any volunteer or uncontrolled Brassicaceae in and around production fields that are determined by the Department to be infected with blackleg may be declared a public nuisance as described in Section (8) and, as such, must be rogued out or otherwise eliminated by the producer or the land manager;

(8) Any field that is determined after official inspection and testing by the Department to be infected with blackleg may be determined to be a Public Nuisance subject to the Public Nuisance abatement processes described in ORS 570.170 through 570.180.

(9) The Department shall review these General Production Area requirements every five (5) years for accuracy and effectiveness.

NOTE: Information on laboratories in Oregon approved by the Department for conducting official seed tests is available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, 503-986-4620.

History

Statutory/Other Authority: ORS 561.190 & 570.405
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450
DOA 16-2019, amend filed 07/02/2019, effective 07/02/2019
DOA 18-2016, f. & cert. ef. 8-16-16
DOA 1-2015, f. & cert. ef. 1-13-15
DOA 11-2013, f. & cert. ef. 10-21-13
DOA 1-2013, f. & cert. ef. 2-6-13
Reverted to DOA 14-2009, f. & cert. ef. 9-16-09
DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13
DOA 14-2009, f. & cert. ef. 9-16-09
DOA 18-2005, f. & cert. ef. 10-28-05
Reverted to AD 19-1990, f. & cert. ef. 10-15-90
AD 7-1991(Temp), f. & cert. ef. 7-22-91
AD 19-1990, f. & cert. ef. 10-15-90

Or. Admin. R. 603-052-0880 Protected Districts; Prohibitions

(1)Because the production of rapeseed crops requires special care and isolation, within the following protected districts, rapeseed with high or low erucic acid for oil production may be grown only as consistent with the rules for each protected district. No person may violate any provision of the rules governing each protected district .

(2)The following are protected districts:

(a) Willamette Valley Protected District;

(b) Central Oregon Protected District;

(d) Malheur/Idaho Protected District.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405. 570.410 - 570.415 & 570.450
Statutes/Other Implemented: ORS 570.405 - 570.415 & 570.450
DOA 16-2019, amend filed 07/02/2019, effective 07/02/2019
DOA 1-2015, f. & cert. ef. 1-13-15
DOA 11-2013, f. & cert. ef. 10-21-13
DOA 1-2013, f. & cert. ef. 2-6-13
Reverted to DOA 3-2010, f. & cert. ef. 1-21-10
DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13
DOA 3-2010, f. & cert. ef. 1-21-10
DOA 14-2009, f. & cert. ef. 9-16-09
DOA 1-2008, f. & cert. ef. 1-7-08
DOA 18-2005, f. & cert. ef. 10-28-05
AD 19-1991, f. & cert. ef. 12-5-91
AD 7-1991(Temp), f. & cert. ef. 7-22-91
AD 19-1990, f. & cert. ef. 10-15-90

Or. Admin. R. 603-052-0882 Willamette Valley Protected District

(1) Willamette Valley Protected District

(a) "Willamette Valley Protected District" means the area encompassed within a rectangle formed by the point in Tillamook County that is the northwest corner of township 1 north, range 6 west, the point in Multnomah County that is the most northeastern point of township 1 north, range 2 east within Oregon, the point in Lane County that is the southeast corner of township 19 south, range 2 east and the point in Lane County that is the southwest corner of township 19 south, range 6 west. A map of the area encompassed by the Willamette Valley Protected District is available at: https://oda.direct/Canola.

(b) The Department may use the Protected District Advisory Committee to advise and counsel the Department on the production of rapeseed species in the protected district.

(c)Within the Willamette Valley Protected District, canola for edible or inedible oil production may be grown only pursuant to a permit issued by the Department .

(d)After the effective date of SB 885 (80th Oregon Legislative Assembly-2019 Regular Session), the production of canola for edible and inedible oil production within the Willamette Valley Protected District is limited to no more than 500 acres per crop year.

(e) Within the Willamette Valley Protected District any canola must maintain an isolation distance of at least three (3) miles from any Brassica Specialty Seed crop, unless an Isolation Distance Exception agreement is on file with the Department.

(2) Application for Permit to Grow Canola

(a) For the 2020 crop year, applications for a permit to grow canola must be received by July 19, 2019 for the fall planting and by February 15, 2020 for the spring planting. Thereafter, for all years other than 2020, applications must be received by June 30th of each calendar year for the fall planting and by February 15 of each calendar year for the spring planting. For each spring planting season, applications will be accepted and permits issued until available acres are allocated.

(b) Applications must be complete and timely received in the Department by the dates in subsection (a).

(A) The name, address, and contact information of the applicant;

(B) The nearest address and global positioning system (GPS) coordinates provided in decimal of degrees and taken at the approximate center of each proposed field(s) to be cultivated in canola;

(D) A map/aerial photo of the field showing clear boundaries and the center of the field marked with an X;

(E) Information indicating whether the applicant is willing to adjust the number of acres requested to accommodate required isolation distance(s) and if so, the minimum number of acres that applicant may accommodate; and

(F) May include a signed Isolation Distance Exception Agreement(s) if the applicant has entered into such agreement for the applicable crop year.

(3) Review and Approval of Canola Permit Applications: The Department shall review complete applications to determine whether a permit to grow canola may be issued and, if so, the terms of each permit.

(a) Using the information provided in each application, the Department will consult with the Willamette Valley Protected District Advisory Committee to determine the location and acreages of areas that are cultivated with or will be cultivated with Brassica Specialty Seed crops during the crop year for which the application to grow canola is made.

(b) The Department will determine the allowed location for growing canola as requested in each application by considering the appropriate isolation distance from Brassica Specialty Seed crops existing at the time of the application or planned for cultivation during the crop year for which a permit to grow canola is sought.

(c) The Department will contact those applicants who may need an Isolation Distance Exception for the 2020 crop year by July 30th to obtain an agreement and provide a copy to the Department by August 9th. For the spring planting of the 2020 crop year, the Department will contact those applicants who may need an Isolation Distance Exception immediately following the meeting of the advisory committee. For each year following the 2020 crop year, the Department will contact those applicants who may need an Isolation Distance Exception as soon as possible after the advisory committee meeting for the fall or spring planting of that crop year.

(d) Criteria for issuing permits:

(A) The Department will issue permits based on the ability to place canola fields maintaining industry recommended Isolation Distances from other Specialty Seed crops grown within the Willamette Valley Protected District.

(B) The Department will consider maximum and minimum field sizes requested in order to permit up to the full 500 acres of canola in the Willamette Valley Protected District.

(C) The Department will attempt to promote the maximum opportunities for the production of canola by the most growers within the Willamette Valley Protected District.

(D) In the event there are additional acres to allocate after the minimum number of acres have been allocated to each permit applicant, the Department will conduct a lottery using all applications received to distribute the remaining available acreage to applicants up to the maximum acreage requested on the application.

(E) Any permit issued by the Department shall contain the allowed location and acreage for canola cultivation during the crop year for which the application is made.

(F) Permits shall be issued in writing to the applicant by August 14, 2019 for the 2020 crop year. In following years permits shall be issued in writing to the applicant by August 10th for that crop year. Permits authorize the cultivation of canola only for the time period specified in the permit and only according to the terms of the permit.

(4) Denial of Applications for Canola Permit

(a) The Department may deny an application for the following reasons:

(A) The application was not timely received in the Department;

(B) The application contains false, misleading, or incorrect information;

(C) The location or acreage of fields sought for canola cultivation as provided in the application may not be accommodated or because acreage limits have been met; or

(D) The applicant has a history of noncompliance within the last three years with rules of the Department implementing ORS 570.400 or ORS 570.450.

(b) Any denial of an application shall be in a writing directed to the applicant and served by mail. Denials shall contain the information required by ORS 183.415.

(c) Applicants may request a hearing as provided in ORS Chapter 183 within 10 days after a notice of denial is received by the applicant.

(A) A request for hearing must be in writing and must be received in the Department within ten (10) days after a notice of denial is received by the applicant.

(B) A request for hearing may not be in an email to the Department, but must be mailed, faxed or otherwise delivered to the Department.

(5) Violations: The Department may assess a civil penalty, not to exceed $25,000, against a person that plants canola without a permit or violates the terms of a permit issued by the Department.

History

Statutory/Other Authority: ORS 561.190, 570.305, 570.405, 570.412, 570.415 & 570.450
Statutes/Other Implemented: SB 885, 2013 HB 2427, ORS 570.305, 570.405, 570.410, 570.412, 570.415, 570.450 & HB 4059, 2024
DOA 9-2024, minor correction filed 05/06/2024, effective 05/06/2024
DOA 24-2023, temporary amend filed 07/11/2023, effective 07/11/2023 through 01/06/2024
DOA 26-2019, amend filed 12/20/2019, effective 12/20/2019
DOA 17-2019, minor correction filed 07/16/2019, effective 07/16/2019
DOA 16-2019, amend filed 07/02/2019, effective 07/02/2019
DOA 1-2015, f. & cert. ef. 1-13-15
Reverted to DOA 11-2013, f. & cert. ef. 10-21-13
DOA 9-2014(Temp), f. & cert. ef. 7-7-14 thru 1-3-15
DOA 11-2013, f. & cert. ef. 10-21-13
DOA 1-2013, f. & cert. ef. 2-6-13

Or. Admin. R. 603-052-0884 Central Oregon Protected District

(1) The following area is designated as the Central Oregon Protected Area: the entire counties of Crook, Deschutes and Jefferson.

(2) Forage brassica and cover crop brassica may be grown but shall not be allowed to flower.

(3) Rapeseed seed crops are prohibited in the Central Oregon Protected District except under Research Permit (see 603-052-0901(1)). All rapeseed grown under research permit must meet the following conditions:

(a) Within the Central Oregon Protected District the required isolation distance shall be not less than three miles;

(b) The location of all rapeseed fields must be recorded at the appropriate Oregon State University County Extension Office at least ten days prior to planting;

(c) All planting, harvest, and transportation equipment shall be cleaned to prevent any inadvertant spread of rapeseed from the field;

(d) All unbagged loads of rapeseed transported within the protected district must be in enclosed bins or in containers lined and covered in a manner to prevent seed loss; and

(e) Any volunteer or uncontrolled rapeseed in or around production fields must be prevented from flowering by the producer.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405. 570.410 - 570.415 & 570.450
Statutes/Other Implemented: ORS 570.405 - 570.415 & 570.450
DOA 35-2023, temporary amend filed 09/19/2023, effective 09/19/2023 through 03/16/2024
DOA 1-2015, f. & cert. ef. 1-13-15
DOA 11-2013, f. & cert. ef. 10-21-13
DOA 1-2013, f. & cert. ef. 2-6-13

Or. Admin. R. 603-052-0886 Northeast Oregon Protected District

(1) The following area is designated as the Northeast Oregon Protected District: the entire counties of Baker, Union and Wallowa, except the following part of Wallowa County which is designated as a general production area: Township 4N, Range 43E; Township 4N, Range 44E; Township 4N, Range 45E; Township 5N, Range 43E; Township 5N, Range 44E; and Township 5N, Range 45E; and those portions of Township 6N, Range 43E; Township 6N, Range 44E; and Township 6N, Range 45E falling within the State of Oregon.

(2) Forage brassica and cover crop brassica may be grown but shall not be allowed to flower.

(3) Rapeseed seed crops are allowed in the Northeast Oregon Protected District subject to the following requirements:

(a) Within the Northeast Oregon Protected District the required isolation distance from any crops with which rapeseed could cross-pollinate shall be not less than two miles;

(b) The location of all rapeseed fields must be recorded at the appropriate Oregon State University County Extension Office at least ten days prior to planting;

(c) All planting, harvest, and transportation equipment shall be cleaned to prevent any inadvertent spread of rapeseed from the field;

(d) All unbagged loads of rapeseed transported through or within the protected district must be in enclosed bins or in containers lined and covered in a manner to prevent seed loss; and

(e) Any volunteer or uncontrolled rapeseed in or around production fields must be prevented from flowering by the producer.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405. 570.410 - 570.415 & 570.450
Statutes/Other Implemented: ORS 570.405 - 570.415 & 570.450
DOA 1-2015, f. & cert. ef. 1-13-15
DOA 11-2013, f. & cert. ef. 10-21-13
DOA 1-2013, f. & cert. ef. 2-6-13

Or. Admin. R. 603-052-0888 Malheur/Idaho Protected District

(1) The following area is designated as the Malheur/Idaho Protected District: in Malheur County, a 3-mile wide strip of land along the Idaho border from the point where Payette County, Idaho's northern border intersects Malheur County's eastern border, south to the point where Highway 95 crosses the Oregon border. This strip of land borders Idaho's rapeseed production district IV (IDAPA 02.06.13) where rapeseed production is prohibited. The rest of Malheur Co. is a general production area.

(2) Forage brassica and cover crop brassica may be grown but shall not be allowed to flower.

(3) Rapeseed seed crops are prohibited in the Malheur/Idaho Protected District.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405. 570.410 - 570.415 & 570.450
Statutes/Other Implemented: ORS 570.405 - 570.415 & 570.450
DOA 1-2015, f. & cert. ef. 1-13-15
DOA 11-2013, f. & cert. ef. 10-21-13
DOA 1-2013, f. & cert. ef. 2-6-13

Or. Admin. R. 603-052-0901 Research, Summary, Changes

(1) Research Permits. The Department may issue research permits in any protected district providing exemptions to the rapeseed control area rules for the purpose of research. Persons requesting a research permit shall petition the Department in writing and include the following:

(a) Research must include the involvement of an accredited university;

(b) All applicable conditions of rapeseed production must be met including pinning of fields;

(c) The Director retains the final authority to approve or deny research permit requests. Any action under a research permit shall be subject to any conditions or restrictions set forth in the permit, and these conditions and restrictions may vary depending on the proposed action and its potential risk.

(2) Summary. The Department will maintain a summary of rapeseed fields produced under a research permit with the Department including locations of acres planted, number of acres planted, dates planted, and contact persons.

(3) Changes to Rapeseed Control Area Rules. Interested persons may petition the Department to amend or repeal these rules, including designation changes creating or removing protected district status, by following the procedures in the Administrative Procedures Act, ORS 183.390.

History

Statutory/Other Authority: ORS 561.190, 561.510–561.600, 570.305, 570.405. 570.410–570.415 & 570.450
Statutes/Other Implemented: ORS 570.405–570.415 & 570.450
DOA 11-2013, f. & cert. ef. 10-21-13
DOA 1-2013, f. & cert. ef. 2-6-13

Or. Admin. R. 603-052-0921 Violations

(1) No person shall violate any control area rule governing the production of Brassicaceae in Oregon.

(2) Consistent with ORS 561.280 and 570.405 and in addition to any other lawful remedy, the Director may bring an action to enjoin the violation or threatened violation of any provision of 570.405 and 570.450 or its rules. Such action may be filed in the circuit court of Marion County or in the county in which the violation or threatened violation occurs or is about to occur. Consistent with applicable law, the relief requested may include, but is not limited to, an order for summary destruction of any rapeseed crop.

(3) Notice of Noncompliance and Plan of Correction. In addition to, or in lieu of, any action to enjoin enforcement of these rules, the Director may issue a Notice of Noncompliance and Plan of Correction to any person.

(a) A Notice of Noncompliance informs the person to whom the notice is directed of the violation, including a reference to the particular statute or administrative rules involved, and the location of the violation;

(b) A Plan of Correction directs the person to whom the plan of correction is directed to perform those actions necessary to comply with the particular statute or administrative rules involved;

(A) Specifies a reasonable period of time by which compliance is to be achieved not to exceed five (5) calendar days after the notice is received;

(B) May include requirements for the person to whom the plan of correction is directed to report the completion of specific actions;

(c) A Notice of Noncompliance and Plan of Correction is issued by the Director, is an order other than contested case for purposes of judicial review, and must be served personally or by registered or certified mail.

(d) Failure to perform any of the requirements of a Plan of Correction may be considered by the Director as a failure to correct the violation within the period of time set for correction by the Director in the Notice of Noncompliance and Plan of Correction and may result in any lawful enforcement including, but not limited to, those remedies described in subsection (2) of this section.

History

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405. 570.410 - 570.415 & 570.450
Statutes/Other Implemented: ORS 570.405 - 570.415 & 570.450
DOA 1-2015, f. & cert. ef. 1-13-15
DOA 11-2013, f. & cert. ef. 10-21-13
DOA 1-2013, f. & cert. ef. 2-6-13

Or. Admin. R. 603-052-1020 Quarantine Against Powdery Mildew of Hops

(1) Establishing Quarantine: A quarantine is established against the powdery mildew disease of hops caused by the fungus Podosphaera macularis (Wallr.) U. Braun & S. Takam. (= Sphaerotheca humuli (DC.) Burr. and Podosphaera humuli (DC) Burrill), arabis mosaic viruses, hop stunt viroid, ilarviruses, and Verticillium wilt caused by hop strains of Verticillium albo-atrum.

(2) Area under Quarantine: All states and districts of the United States, except those counties in the states of Washington and Idaho covered by a comparable quarantine.

(3) Commodities Covered: Plants and all plant parts of hops, Humulus lupulus, excepting kiln dried cones of hops are prohibited entry into this state directly, indirectly, diverted or reconsigned. All used hop farming equipment entering the state from the area under quarantine (see Section (2)) must be pressure-washed or similarly cleaned to remove all plant debris and soil prior to entry.

(4) Conditions: Covered commodities from the area under quarantine are prohibited.

(5) Special Permits: Persons wishing to import covered commodities from the area under quarantine must apply in writing for a Special Permit as authorized by OAR 603-052-0020. Applications for Special Permits must list the prospective buyer and seller; the number, and origin of stock; location of proposed planting site; and any other relevant information. Special Permits, when granted, will list required safeguards to prevent disease establishment.

(6) Disposition of Commodities in Violation of the Quarantine: All covered commodities described in section (3) of this rule found to be in violation of this quarantine shall be returned immediately to point of origin by the Oregon receiver, or at the receiver's option be destroyed under the supervision of the Oregon Department of Agriculture without expense to or indemnity paid by the Oregon Department of Agriculture. Violation of this quarantine may result in a fine, if convicted, of not less than $500 no more than $5,000, as provided by ORS 561.990. In addition, violators may be subject to civil penalties of up to $10,000 as provided by 561.995.

History

Statutory/Other Authority: ORS 561 & 570.305
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600 & 570.305
DOA 10-2013, f. & cert. ef. 10-10-13
DOA 17-2012, f. & cert. ef. 6-6-12
DOA 4-2009, f. & cert. ef. 4-9-09
DOA 12-1999, f. & cert. ef. 6-4-99
DOA 4-1998, f. & cert. ef. 5-11-98
AD 10-1996, f. & cert. ef. 9-5-96
AD 20-1993, f. & cert. ef. 12-14-93
AD 7-1993(Temp), f. & cert. ef. 5-26-93

Or. Admin. R. 603-052-1025 Quarantine; Small Broomrape

(1) Establishing Quarantine. A quarantine is established to prevent the spread of small broomrape, Orobanche minor, within Oregon and to protect markets for Oregon seed crops. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon's agricultural industries from the artificial spread of small broomrape. Small broomrape is not widely prevalent within or distributed throughout the state of Oregon. Small broomrape is dangerous to Oregon's agricultural industries because it parasitizes the root systems of host crop plants in the legume, potato, carrot and sunflower families. Clover is the most susceptible host. Damage includes direct yield losses, up to and including crop failure, as well as possible market losses due to restrictions imposed by trading partners on commodities potentially contaminated with small broomrape seed.

(2) Area under Quarantine: State of Oregon.

(3) Commodities Covered: Small broomrape plants including seeds, clover (Trifolium pretense, T. repens, and T. subterraneum) seed, and soil, commodities and equipment that may be contaminated with small broomrape seeds.

(4) Provisions of the Quarantine:

(a) Imported red clover seed lots must have been cleaned by a process that includes, at a minimum, the stages in (4)(b)(A)–(C) below or an official seed sample must be taken and tested prior to planting to ensure freedom from contamination by small broomrape seed. Contaminated lots will be returned or destroyed without expense or indemnity paid by the State.

(b) All red clover seed lots harvested in counties west of the Cascade Mountains must be cleaned by an approved process before transport, purchase, sale or offering for sale. Approved cleaning processes must include, at a minimum, all the stages in (A)–(C) below. Seed lots meeting this requirement need not be sampled and tested for small broomrape contamination.

(A) Air separator;

(B) Indent roller;

(c) Alternative cleaning processes may also be acceptable if approved by the Department. Cleaning facilities using alternative processes must be under compliance agreement with the Department.

(d) The Department may take random samples of finished red clover seed lots from cleaners meeting the requirements of (b) or (c) above and test them for small broomrape. The cost of this random sampling and testing will be born by the Department. If small broomrape is found, cleaning of red clover seed will be curtailed until the cleaning process is reviewed and problems corrected. All available clover seed lots from that cleaner will be sampled and tested for small broomrape. Any infested lots will be re-cleaned and released only after testing negative for small broomrape. The costs of all follow-up sampling and testing after a positive find will be the responsibility of the cleaner. The cleaner will be put under compliance agreement before additional lots of red clover seed may be cleaned.

(e) Seed lots not meeting the cleaning requirements outlined in (b) or (c) above must be officially sampled, tested and found free of small broomrape seeds before transport, purchase, sale or offering for sale. Upon request, Department inspectors will draw official seed samples, which will be analyzed at a laboratory using a USDA-approved protocol for small broomrape testing. Costs of sampling and testing will be the responsibility of the grower or other responsible party. Contact: Market Access and Certification Programs, Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301. Telephone: (503) 986-4620. Any seed lots found to contain small broomrape seed are prohibited from transport, purchase, sale, or offering for sale until they are re-cleaned, re-tested and determined to be free from small broomrape.

(f) Screenings from seed lots contaminated with small broomrape shall be disposed of in a manner that will devitalize the seed or eliminate the risk of spread of the weed such as pelletization, burning or burying.

(5) Violation of this quarantine may result in a fine, if convicted, of not less than $500 not more than $5,000, as provided by ORS 561.990(4). Violators may also be subject to civil penalties of up to $10,000 as provided by Oregon Laws 1999, chapter 390, section 2. Commodities harvested or shipped in violation of this quarantine shall be treated or destroyed without expense or indemnity paid by the State.

History

Statutory/Other Authority: ORS 561.510 & 561.190
DOA 3-2014, f. & cert. ef. 2-20-14
DOA 7-2012, f. & cert. ef. 3-26-12
DOA 15-2003, f. & cert. ef. 4-18-03
DOA 33-2000, f. & cert. ef. 12-15-00
DOA 6-2000, f. & cert. ef. 2-24-00

Or. Admin. R. 603-052-1030 Control Area Against Rough Bluegrass in Union County

(1) As authorized by ORS 570.405, a control area is established in Union County against the production or handling of rough bluegrass, Poa trivialis, since such production or handling would pose a potential threat of contamination to currently established grass seed production in the area.

(2) Extent of Control Area: all of Union County

(3) Commodities Covered: Rough bluegrass (Poa trivialis), including any hybrids of the species.

(4) Prohibited Acts:

(a) All commodities covered in section (4) of this rule are prohibited from being planted, grown, cleaned, conditioned or handled in Union county;

(b) Any rough bluegrass which is planted, grown, cleaned, conditioned or handled in Union County is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents.

History

Statutory/Other Authority: ORS 570.405
Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.405 & 570.410 - 570.415
AD 14-1994, f. & cert. ef. 9-9-94

Or. Admin. R. 603-052-1040 Control Area Against Rough Bluegrass in Morrow and Umatilla Counties

(1) As authorized by ORS 570.405, a control area is established in Morrow and Umatilla Counties against the production or handling of rough bluegrass, Poa trivialis, since such production or handling would pose a potential threat of contamination to currently established grass seed production in the area.

(2) Extent of Control Area: all of Morrow and Umatilla Counties.

(3) Commodities Covered: rough bluegrass (Poa trivialis), including any hybrids of the species.

(4) Prohibited Acts:

(a) All commodities covered in section (3) of this rule are prohibited from being planted, grown, cleaned, conditioned or handled in Morrow and Umatilla Counties;

(b) Any rough bluegrass which is planted, grown, cleaned, conditioned or handled in Morrow or Umatilla Counties is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents.

History

Statutory/Other Authority: ORS 570.405
Statutes/Other Implemented: ORS 570.405
AD 15-1995, f. & cert. ef. 8-29-95

Or. Admin. R. 603-052-1050 Control Area Against Creeping Annual Bluegrass in Union County

(1) As authorized by ORS 570.405, a control area is established in Union County against the production or handling of the perennial creeping type of annual bluegrass, Poa annua var. reptans, since such production or handling would pose a potential threat of contamination to currently established grass seed production in the area.

(2) Extent of Control Area: all of Union County.

(3) Commodities Covered: perennial creeping type annual bluegrass, Poa annua var. reptans, including any hybrids of the species.

(4) Prohibited Acts:

(a) All commodities covered in section (3) of this rule are prohibited from being planted, grown, cleaned, conditioned or handled in Union County.

(b) Any Poa annua var. reptans which is planted, grown, cleaned, conditioned or handled in Union County is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents.

History

Statutory/Other Authority: ORS 561.190 & 570.405
Statutes/Other Implemented: ORS 570.405
AD 3-1997, f. & cert. ef. 6-4-97

Or. Admin. R. 603-052-1060 Control Area Against Creeping Annual Bluegrass in Morrow and Umatilla Counties

(1) As authorized by ORS 570.405, a control area is established in Morrow and Umatilla Counties against the production or handling of the perennial creeping type of annual bluegrass, Poa annua var. reptans, since such production or handling would pose a potential threat of contamination to currently established grass seed production in the area.

(2) Extent of Control Area: all of Morrow and Umatilla Counties.

(3) Commodities Covered: perennial creeping type annual bluegrass, Poa annua var. reptans, including any hybrids of the species.

(4) Prohibited Acts:

(a) All commodities covered in section (3) of this rule are prohibited from being planted, grown, cleaned, conditioned or handled in Morrow and Umatilla Counties.

(b) Any Poa annua var. reptans which is planted, grown, cleaned, conditioned or handled in Morrow or Umatilla Counties is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents.

History

Statutory/Other Authority: ORS 561.190 & 570.405
Statutes/Other Implemented: ORS 570.405
AD 3-1997, f. & cert. ef. 6-4-97

Or. Admin. R. 603-052-1075 Control Area for Emerald Ash Borer

(1) Definitions

(a) “Nursery Stock” means plants and plant parts there of, including but not limited to roots, scions, grafts, cuttings, forest and ornamental trees and shrubs and plants collected in the wild that are grown and kept for proprogation or sale.

(b) “Certificate of Control Area Compliance” means a document authorized or prepared by the Department that certifies that, for a specific time period, the holder was operating in accordance with a Compliance Agreement.

(d) “Compliance Agreement” means a written agreement between a person and the Department to achieve compliance with this rule.

(e) “Department” means the Oregon Department of Agriculture.

(f) “Firewood” means any whole or split pieces of wood less than 48 inches (1.2 meters) in length or cut into a form and size appropriate for use for fuel wood uses, such as home heating or campfires. Compressed wood bricks, pellets, and other processed wood products used for fuel wood uses are excluded from this definition.

(g) “Log” means any whole or split pieces of wood longer than 48 inches (1.2 meters) in length.

(h) “Move” and “movement” mean shipped, transported, carried; held or offered for shipment, transport, or carriage; or received for shipment, transport, or carriage.

(i) “Scion Wood (Bud Wood)” means mature dormant shoots, usually of the previous year’s growth, used for grafting. The scion is the part of the grafted plant that will produce the plant’s shoots.

(j) “State Official” means an employee of the Oregon Department of Agriculture or other designated individual authorized to enforce the provisions of this rule.

(k) “State Phytosanitary Certificate” means a document issued by a certified state official that verifies that plants have been inspected and are free from pests, pathogens, and invasive weeds of concern to the importing state or country.

(2) This rule establishes a Control Area for all life stages of emerald ash borer ( Agrilus plannipenis , Fairmaire), as well as its hosts and possible carriers, to slow its spread throughout Oregon.

(3) Extent of Control Area: Washington County and any other county in Oregon where emerald ash borer has been confirmed by the Department or an official cooperator.

(4) Covered commodities:

(a) This Control Area applies to the following hosts or possible carriers of emerald ash borer:

(A) All plants and plant parts of the genus Fraxinus (ash) and Chionanthus virginicus (white fringe tree), and Olea spp (olive). Plant parts include, but are not limited to: Logs; green lumber; nursery stock; scion wood; chips and mulch; stumps; roots; and branches. Olive fruit is exempt.

(B) Firewood of any non-coniferous (hardwood) species.

(C) Any article, product, or means of conveyance that a State Official determines to present a risk of spread of emerald ash borer and notifies the person in possession of that article, product, or means of conveyance is subject to the restrictions of this rule.

(b) This Control Area does not apply to: seeds; leaves; processed lumber that is free of bark and material to 1-inch below the bark or kiln dried with squared edges; commercially composted material; or finished wood products without bark, including furniture, baskets, and baseball bats.

(5) Restrictions on covered commodities

(a) The movement of covered commodities within the Control Area is allowed without restriction.

(b) The movement of covered commodities from the Control Area to a location in Oregon that is not part of the Control Area is prohibited, unless covered by one of the following:

(A) Covered commodities are transported out of the quarantined area during the adult emerald ash borer dormant period (October 16 – April 30) and commodities are processed by receiver according to state approved standards for mitigating emerald ash borer before May 1. Nursery stock may only be moved under a compliance agreement. Material that is mulched or chipped to less than 1 inch in two dimensions, may be moved at any time and does not require a compliance agreement.

(B) [BC*O1] Compliance Agreement and Certificate of Control Area Compliance. The covered commodity was treated, grown, produced, manufactured, and stored, as applicable, by a facility operating under a Compliance Agreement, and the facility holds a Certificate of Control Area Compliance that is valid on the date or dates on which the covered commodities are moved. The point of origin shall be indicated on the bill of lading, invoice, or other shipping documents. The Certificate of Control Area Compliance shall be attached to or associated with the covered commodities and shall remain on or with the covered commodities until such commodities reach their destination. The Certificate of Control Area Compliance shall be retained by the recipient along with shipping documents.

(C) State Phytosanitary Certificate. The covered commodity is transported under a State Phytosanitary Certificate certifying that the covered commodity has been inspected and that to the best of the knowledge of the inspecting official, the covered commodity has been grown, produced, manufactured, and stored, as applicable, in a manner that prevents the commodity from presenting a risk of spreading emerald ash borer.

(c) Covered commodities that originate in a location that is not part of the Control Area may move through the Control Area without a Certificate of Control Area Compliance or State Phytosanitary Certificate if all of the following conditions are met:

(A) The covered commodity is safeguarded in an enclosed vehicle or with adequate covering against infestation during the emerald ash borer’s flight period (May 1 through September 30); and

(B) The point of origin of the covered commodity is specified on the waybill, invoice, or shipping document that accompanies the shipment; and

(C) The vehicle or means of conveyance moves through the Control Area without stopping, except for dropping off loads, refueling, or traffic conditions such as traffic lights and stop signs.

(d) Covered commodities may move from a location that is not part of the Control Area into the Control Area. Once a covered commodity has entered the Control Area, it is subject to the conditions and requirements of this rule. If covered commodities are stored, packed, or handled at receiving locations in a way that is approved by a State Official as not posing a risk of infestation by emerald ash borer, then covered commodities may be moved with written approval from the Department.

(5) Exceptions: The Department, upon written request, may issue a special permit allowing the movement of covered commodities not otherwise eligible for movement under the provisions of this rule. Movement of such articles will be subject to any conditions or restrictions stipulated in the special permit, and these conditions and restrictions may vary depending upon the intended use of the commodity.

[BC*O1]Unclear how to control this.

History

Statutory/Other Authority: ORS 561.510-561.600, ORS 570.305, 570.405, 570.410-415 & 561.560
Statutes/Other Implemented: ORS 561.510-561.600, ORS 570.305, 570.405, 570.410-415 & 561.560
DOA 45-2023, adopt filed 12/06/2023, effective 12/06/2023

Or. Admin. R. 603-052-1080 Firewood Restrictions To Prevent Transport Of Invasive Species

(1) This rule is established as authorized under ORS 561.510, 570.305 and 570.720 to protect the State of Oregon from the introduction of invasive species, including non-native wood-boring insects and plant diseases, transported on firewood from outside the Pacific Northwest. The requirements set forth in this rule do not apply to any non-firewood product or logs for industrial use.

(2) The following definitions apply to OAR 603-052-1080 and 603-052-1090:

(a) “Approved Pacific Northwest Firewood” is a labeling standard for firewood sold by a firewood producer who complies with the provisions of section (4)(a)(C) of this rule.

(b) “Approved Pest Free” is a labeling standard (i.e., source labeling requirement) for firewood that complies with the provisions of sections (4)(b)(A) of this rule.

(d) “Firewood” means any whole or split pieces of wood less than 48” in length or other wood of any tree species cut into a form and size appropriate for use for fuel wood uses, such as home heating or campfires. Compressed wood bricks, pellets, and other processed wood products used for fuel wood uses such as home heating or campfires are excluded from this definition.

(e) “Firewood seller” means any person or business that supplies or sells firewood.

(f) “Invasive Species” means nonnative organisms that cause economic or environmental harm and are capable of spreading to new areas of the state.

(g) “Knowingly” means acting with awareness, deliberateness, or intention.

(h) “Pacific Northwest” means the states of Oregon, Washington, and Idaho.

(i) “Person” means an individual, organization, corporation or partnership, other than the Department, public authority, county, town, city, municipal agency or public corporation.

(j) “Phytosanitary certificate” means an official document issued by an exporting county, state, or country to verify a shipment has been officially inspected and meets the import requirements of the State of Oregon.

(k) “Plant Pest” means a disease, microscopic organism, insect, nematode, arthropod, parasite or any other biotic agent capable of having a significant adverse effect on the environmental quality of Oregon or of causing a significant level of economic damage in Oregon, including but not limited to damage to agricultural, horticultural or forest plants, crops, commodities or products.

(l) “Source” means the state from which the firewood was harvested.

(m) “Untreated Firewood” means any firewood that has not been treated in accordance with the provisions of section (4)(b)(A)(Approved Pest Free) of this rule.

(n) “Violation” means the failure to comply with any requirement of these rules. Each day a violation continues after the 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.

(3) No person shall transport, by any means, untreated firewood into the State of Oregon, for sale or use within the State from any location outside of the Pacific Northwest.

(4) Restrictions on transport, sale, or possession of untreated firewood within Oregon:

(a) Pacific Northwest-harvested firewood:

(A) Persons who cut and burn firewood in Oregon for personal use are exempt from these documentation, treatment, and labeling requirements.

(B) Firewood harvested and then sold in the Pacific Northwest does not need to be treated or labeled.

(i) May choose to use the “Approved Pacific Northwest Firewood” designation on firewood that has its source wholly within the Pacific Northwest and outside of declared quarantine areas for invasive species (ORS 561.510, 561.560, OAR 603-052-1230). A summary of Oregon’s plant quarantines is available at http://nationalplantboard.org/laws/index.html.

(ii) Firewood sellers using the optional “Approved Pacific Northwest Firewood” label shall maintain records that include, at a minimum, the source(s) of the firewood for a minimum of one (1) year. Upon request, such records shall be made available for inspection to the Department.

(iii) Are required to provide to all purchasers (except to the final end-use customer, unless requested), the source of the firewood and the contact name of the seller.

(D) Landowners who occasionally allow or charge a fee for cutting firewood on their land for personal use in Oregon are not considered sellers.

(b) Firewood harvested from outside the Pacific Northwest:

(A) Firewood from outside the Pacific Northwest must be heat treated to a minimum wood core temperature of 60oC (140oF) for at least 60 minutes or equivalent treatment as approved by the Department. Air drying of firewood is insufficient and is not approved by the Department. Post treatment firewood must be stored in a manner to minimize re-infestation.

(B) Treated firewood meeting the standard in (A) above, whether harvested from the PNW or elsewhere may be labeled as “Approved Pest Free.”

(C) Sellers of “Approved Pest Free” firewood shall maintain, for at least two (2) years from the date of treatment, records that document the source of the wood, the treatment method and the volume of firewood treated. Official phytosanitary certificates from a firewood seller’s State Department of Agriculture or official equivalent may be used to verify the treatment method and volumes of treated firewood produced. Regulatory officials shall be allowed to inspect such records and the facilities used to treat and store the firewood upon request.

(D) Using an “Approved Pest Free” label fraudulently is subject to civil penalties as described in section (5).

(5) Violation of rule. Violators of this rule will be subject to civil penalties of up to $10,000 as provided by ORS 561.995 and described in OAR 603-054-0070. Commodities shipped in violation of this rule may be treated, destroyed, or returned to the point of origin without expense or indemnity paid by the state. Civil penalties recovered under this section shall be deposited in the Invasive Species Control Account ORS 570.810.

History

Statutory/Other Authority: ORS 570.305, 561.510 & 570.720
Statutes/Other Implemented: ORS 570.720
DOA 28-2012, f. & cert. ef. 12-3-12

Or. Admin. R. 603-052-1090 Civil Penalty Matrix

(1) Magnitude of violation: The commission of prohibited acts specified below has been determined to be a minor, moderate, or major violation.

(a) Minor:

(A) Failure to maintain proper certificates or paperwork as required.

(B) Importing firewood for personal use that does not meet the requirements of this rule from outside the Pacific Northwest.

(b) Moderate: Importing firewood for other than personal use that does not meet the requirements of this rule from outside the Pacific Northwest.

(A) Knowingly importing infested or infected firewood that does not meet the requirements of this rule from outside the Pacific Northwest.

(B) Knowingly representing untreated or improperly treated firewood as Approved Pest Free firewood.

(C) Tampering with, altering, misrepresenting or falsifying in any manner official documents issued by a plant regulatory official. Providing false information required for issuance of documents. Using falsified documents.

(2) Standard civil penalties will be as follows. The Director may consider extenuating circumstances in assigning a penalty.

1st Violation — 2nd Violation — 3rd & Subsequent Violation

Minor: Notice of violation — $100 — $300

Moderate: $300 — $900 — $1,800

Major: $5,000 — $7,500 — $10,000

History

Statutory/Other Authority: ORS 570.305, 561.510 & 570.720
Statutes/Other Implemented: ORS 570.720
DOA 28-2012, f. & cert. ef. 12-3-12

Or. Admin. R. 603-052-1100 Purpose

These rules guide the Oregon State Department of Agriculture, Plant Division, in administering its Imported Timber Products Inspection Program, as provided in ORS 570.700 to 570.710.

History

Statutory/Other Authority: ORS 561.190, 570.305 & 570.700 - 570.710
Statutes/Other Implemented: ORS 570.705 & 570.710
AD 7-1996, f. & cert. ef. 6-12-96

Or. Admin. R. 603-052-1110 Definitions

The following definitions apply to OAR 603-052-1100 to 603-052-1130:

(1) “Imported” means timber products from any source outside North America and includes those states in Mexico not adjacent to the United States. Also included are timber products brought into another state or states and subsequently shipped into Oregon. Shipments of untreated timber products transiting Oregon are not considered to be imported if they enter and leave the state without having been unloaded from their original conveyance and if they remain in Oregon less than 120 hours.

(2) “Person” means any federal, state or local government or government agency, political subdivision, individual, public or private corporation, partnership, association, firm, trust, estate, or any other legal entity whatever.

(3) “Untreated” means not previously treated so as to completely eliminate external and internal insect pests and plant pathogens. Timber products are considered untreated if they are treated in such a way that some, but not all, potential insect pests and plant pathogens are eliminated. For example, logs which are debarked and fumigated are considered untreated because fungi and insects deep within the wood could survive these treatments.

(4) “Treated” timber products are those that have been processed so as to completely eliminate all potential insect pests and plant pathogens, e.g. kiln-drying or sterilization by heat (at least 71.1° C for 75 minutes measured at the core).

(5) “Importer” is the person who takes first delivery in this state of imported, untreated timber products.

History

Statutory/Other Authority: ORS 561.190, 570.305 & 570.700 - 570.710
Statutes/Other Implemented: ORS 570.705 & 570.710
AD 7-1996, f. & cert. ef. 6-12-96

Or. Admin. R. 603-052-1120 Notification

(1) The importer of untreated timber products shall notify the Oregon Department of Agriculture in writing or by FAX (Oregon Dept. of Agriculture, Plant Division, 635 Capitol St. NE, Salem, OR 97310; FAX (503) 986-4786) at least seven days in advance of the estimated date of arrival of each shipment. Notification shall include:

(a) Estimated date and time of arrival;

(b) Planned unloading site(s);

(d) Contact person, phone and FAX numbers.

(2) Within twenty-one days after arrival of the shipment, the importer shall present to the department a copy of the bill of lading and, if the imported material is scaled, a copy of the scaling bureau scale certificate(s). The importer may use any scaling method approved by the department. The fee schedule in 603-052-1130 will be applied to the gross scale on the bureau certificate(s).

History

Statutory/Other Authority: ORS 561.190, 570.305 & 570.700 - 570.710
Statutes/Other Implemented: ORS 570.705 & 570.710
AD 7-1996, f. & cert. ef. 6-12-96

Or. Admin. R. 603-052-1130 Fees

(1) Treated timber products are not subject to these fees.

(2) The importer of untreated timber products shall pay to the Oregon Department of Agriculture a timber products health program fee according to the following schedule:

(a) Wood chips: 50 cents per bone dry ton.

(b) Timber products other than wood chips: $5 per one thousand board feet.

(3) If the imported untreated timber products are not scaled, the department will use the following conversion factors: 4.8 cubic meters equals one thousand board feet for logs or 2.4 cubic meters equals one thousand board feet for lumber applied to the quantities listed on the bill of lading.

(4) The department will invoice the importer for the amount payable. The importer shall pay the appropriate fee within 30 days after taking delivery of such products. For purposes of this program, the issue date of the department invoice will be considered the official date delivery was taken.

History

Statutory/Other Authority: ORS 561.190, 570.305 & 570.700 - 570.710
Statutes/Other Implemented: ORS 570.705 & 570.710
AD 7-1996, f. & cert. ef. 6-12-96

Or. Admin. R. 603-052-1150 Laboratory Fees for Official, Regulatory and Service Samples

(1) The following fees and charges are established for laboratory or other testing services including sample processing, analysis and issuance of certificates or official reports. The basic fee for official, regulatory, and service samples is established at $70.00 per hour, with a minimum fee of $35.00.

(2) The fees and charges for specific routine tests are:

(a) Spore wash and microscopic examination per fungal species — $50;

(b) Fifty-seed stain and immunoblot for endophyte — $85;

(d) Visual exam for regulated pests — $60 for pesticide treated seed and $50 for untreated seed;

(e) Visual exam for regulated contaminants — $45;

(f) Visual exam for regulated pests and regulated contaminants — $70;

(g) Isolation on standard media — $35;

(h) Growing media pH and conductivity — $35;

(i) Seed grow out for bacteria — $140;

(j) ELISA for virus detection in seed — $140.;

(k) Molecular analysis for regulated pests — $140.

History

Statutory/Other Authority: ORS 561, 571 & 632
Statutes/Other Implemented: ORS 561.190, 571.145 & 632.940
DOA 13-2010, f. & cert. ef. 8-9-10
DOA 10-2006, f. & cert. ef. 3-22-06
DOA 9-2003, f. & cert. ef. 1-14-03

Or. Admin. R. 603-052-1200 Quarantine; Noxious Weeds

(1) Establishing Quarantine. A quarantine is established against the noxious weeds listed herein. Noxious weeds have been declared a menace to the public welfare (ORS 569.180 and 569.350) because of the environmental and economic degradation that occurs when they become established.

(2) Areas Under Quarantine. The entire State of Oregon and all other states of the United States and all foreign countries.

(3) Covered Plants. For purposes of this rule the term "plants" applies to whole plants, plant parts, and seeds. This rule applies to all "A" and "B" state designated noxious weeds listed herein, except as provided in section (6). Plants on the Federal Noxious Weed List (7 C.F.R. 360.200) are also covered by this rule, with the exception of Japanese blood grass, Imperata cylindrica , var. Red Baron and Chinese water spinach, Ipomoea aquatica .

(4) “A” weeds

(a) "A" designated weeds. Weeds of known economic importance which occur in the state in small enough infestations to make exclusion, eradication, or containment possible; or which are not known to occur, but their presence in neighboring states makes future occurrence in Oregon seem imminent.

(b) “A” weeds are controlled through exclusion, early detection, and rapid response (EDRR). Control of “A” weeds is a high priority for Oregon Department of Agriculture (ODA) and the primary goal is to prevent introduction and permanent establishment of “A” weeds. If “A” weeds are introduced, and eradication is not feasible, the secondary goal is to implement control measures to contain the “A” weeds to as small an area as possible so as to prevent widespread occurrence in Oregon.

(c) When “A” weeds are detected, control actions are mandatory and the goal of such control is eradication. Any person owning or occupying property upon which “A” weeds are detected must contact the Oregon Department of Agriculture within 48 hours of detection.

(d) Upon detection of “A” weeds, ODA may develop a survey, eradication, and monitoring plan to control or eradicate detected weeds. ODA may either develop and conduct appropriate measures to control or eradicate such weeds or may enter into a contract for the purpose of controlling or eradicating “A” weeds.

(e) Control or eradication of “A” weeds may be implemented at no cost to a person owning or controlling land within this state upon which “A” weeds are detected. However, ODA may request any person owning or controlling land within this state to control, prevent the spread of, or eradicate where feasible “A” weeds, subject to supervision of such activities by the ODA.

(f) If ODA or a county are unable to control or eradicate “A” weeds on private property, any person owning or controlling land within this state must control and take measures to eliminate or prevent the possibility of spread of “A” weeds to other lands and ownerships. Control measures for “A” weeds must be implemented in a timely manner as determined by ODA. Treatments must provide sufficient levels of control to make progress toward the goal of eradication.

(g) ODA inspectors may access all lands within Oregon for the purpose of ORS 569.175 to 569.195 including carrying out the control or eradication of “A” weeds.

(h) Any person owning or controlling land within this state found in violation of ORS 569.175 to 569.195 or these rules may be subject to fines up to the maximum for Class B violations.

(i) The following is a list of “A” weeds:

(A) African rue — Peganum harmala

(B) Camelthorn — Alhagi pseudalhagi

(D) Coltsfoot — Tussilago farfara

(E) Common frogbit — Hydrocharis morsus-ranae

(F) Cordgrass:

(i) Common — Spartina anglica

(ii) Dense-flowered — Spartina densiflora

(iii) Saltmeadow — Spartina patens

(iv) Smooth — Spartina alterniflora

(G) Delta arrowhead — Sagittaria platyphyla

(H) European water chestnut — Trapa natans

(I) Flowering rush — Butomus umbellatus

(J) Garden yellow loosestrife — Lysimachia vulgaris

(K) Giant hogweed — Heracleum mantegazzianum

(L) Goatgrass:

(i) Barbed — Aegilops triuncialis

(ii) Ovate — Aegilops ovata

(M) Goatsrue — Galega officinalis

(N) Hawkweed:

(i) King-devil — Hieracium piloselloides

(ii) Mouse-ear — Hieracium pilosella

(iii) Orange — Hieracium aurantiacum

(iv) Yellow — Hieracium floribundum

(O) Hoary alyssum — Berteroa incana

(P) Hydrilla — Hydrilla verticillata

(Q) Japanese dodder — Cuscuta japonica

(R) Kudzu — Pueraria lobata

(S) Matgrass — Nardus stricta

(T) Oblong spurge — Euphorbia oblongata

(U) Palmer amaranth — Amaranthus palmeri

(V) Paterson’s curse — Echium plantagineum

(W) Purple nutsedge — Cyperus rotundus

(X) Ravennagrass — Saccharum ravennae

(Y) Squarrose knapweed — Centaurea virgata

(Z) Starthistle:

(i) Iberian — Centaurea iberica

(ii) Purple — Centaurea calcitrapa

( AA ) Thistle:

(i) Plumeless — Carduus acanthoides

(ii) Smooth distaff — Carthamus baeticus

(iii) Taurian — Onopordum tauricum

(iv) Turkish — Carduus cinereus

(v)Welted (curly plumeless) — Carduus crispus

(vi) Wooly distaff — Carthamus lanatus

(BB) Water soldiers — Stratiotes aloides

(CC) West Indian spongeplant — Limnobium laevigatum

(DD) White bryonia — Bryonia alba

(EE) Yellow floating heart — Nymphoides peltata

(FF) Yellowtuft — Alyssum murale, A. corsicum

(5) “B” Weeds

(a) "B" designated weeds means weeds of economic importance which are regionally abundant, but which may not occur or have limited distribution in some counties. “B” weeds shall be managed on a priority basis as resources allow. Control of “B” weeds may vary according to ODA-established priorities as well as site-specific or case-by-case factors. When available, biological control may be the primary long-term control strategy.

(b) The goal of “B” weed management is control and prevention of new infestations of “B” weeds in Oregon. ODA may advise persons owning or controlling lands upon which “B” weeds are detected on the control of “B” weeds on those lands as well as how to prevent “B” weeds from infesting new lands. As determined by ODA or a county, “B” weeds may be controlled or eradicated in the same manner as “A” weeds when “B” weeds appear in parts of the state where they were not previously detected or established.

(c) Pursuant to ODA’s determination as to treatment of “B” weeds, ODA may develop a regional control plan or cooperate with a county, local entity, or persons owning or controlling private lands to develop and implement a plan to control “B” weeds. ODA may assist with implementing control measures.

(d) Persons owning or controlling lands where “B” weeds are detected may request assistance from their respective local County Weed Inspector.

(e) Cost-share assistance grants may be available for the control of State listed noxious weeds to any person owning or occupying land upon which “A” or “B” weeds are detected. If within a county weed control district or special weed control district the county may provide assistance by applying for cost-share assistance grants. Information on cost-share assistance grants may be found at ODA’s Plant Division website.

(f) As determined by ODA, biological control agents may be available for some “B” weeds. Information on the current availability of biological control agents is provided on ODA’s Plant Division website. Releases of some biological control agents targeting noxious weeds may require reporting to ODA for tracking purposes.

(g) The following is a list of “B” weeds:

(A) Armenian (Himalayan) blackberry — Rubus armeniacus (R. procerus, R. discolor)

(B) Biddy-biddy — Acaena novae-zelandiae

(i) French — Genista monspessulana

(ii) Portuguese — Cytisus striatus

(iii) Scotch — Cytisus scoparius

(iv) Spanish — Spartium junceum

(D) Butterfly bush — Buddleja davidii (B. variabilis) * (*Plants being sold in Oregon that are labeled “Butterfly Bush” are assumed to be B. davidii and will be subject to a stop sale order. ODA approved sterile varieties of Buddleja that produce less than 2% viable seed and inter-specific hybrids that are not regulated, and may be propagated and sold if labeled with the approved variety name. Information concerning process, criteria and approved seedless varieties is available online at: https://www.oregon.gov/ODA/programs/NurseryChristmasTree/Pages/ButterflyBush.aspx

(E) Common bugloss — Anchusa officinalis

(F) Common crupina — Crupina vulgaris

(G) Common reed — Phragmities australis

(H) Common viper’s bugloss — Echium vulgare

(I) Cutleaf teasel — Dipsacus laciniatus

(J) Dyer’s woad — Isatis tinctoria

(K) English hawthorn — Crataegus monogyna

(L) Eurasian watermilfoil — Myriophyllum spicatum

(M) False brome — Brachypodium sylvaticum

(N) Field bindweed — Convolvulus arvensis

(O) Garlic mustard — Alliaria petiolat a

(P) Geranium:

(i) Herb Robert — Geranium robertianum

(ii) Shiny leaf — Geranium lucidum

(Q) Giant reed — Arundo donax

(R) Gorse — Ulex europaeus

(S) Halogeton — Halogeton glomeratus

(T) Houndstongue — Cynoglossum officinale

(U) Indigo bush — Amorpha fruticosa

(V) Ivy:

(i) Atlantic — Hedera hibernica

(ii) English — Hedera helix

(W) Jointed goatgrass — Aegilops cylindrica

(X) Jubata grass — Cortaderia jubata

(Y) Knapweed:

(i) Diffuse — Centaurea diffusa

(ii) Meadow — Centaurea pratensis

(iii) Russian — Acroptilon repens

(iv) Spotted — Centaurea stoebe (C. maculosa)

(Z) Knotweed:

(i) Bohemian — Fallopia x bohemica

(ii) Giant — Fallopia sachalinensis (Polygonum)

(iii) Himalayan — Polygonum polystachyum

(iv) Japanese — Fallopia japonica (Polygonum)

(AA) Kochia — Kochia scoparia

(BB) Lesser celandine — Ranunculus ficaria

(CC) Meadow hawkweed — Hieracium caespitosum

(DD) Mediterranean sage — Salvia aethiopis

(EE) Medusahead rye — Taeniatherum caput-medusae

(FF) Old man’s beard — Clematis vitalba

(GG) Parrot feather — Myriophyllum aquaticum

(HH) Perennial peavine — Lathyrus latifolius

(II) Perennial pepperweed — Lepidium latifolium

(JJ) Pheasant’s eye — Adonis aestivalis

(KK) Pine echium — Echium pininana

(LL) Poison hemlock — Conium maculatum

(MM) Policeman’s helmet — Impatiens glandulifera

(NN) Primrose-willow:

(i) Large-flower — Ludwigia grandiflora ssp.

(ii) Water primrose — Ludwigia hexapetala

(iii) Floating — Ludwigia peploides

(OO) Puncturevine — Tribulus terrestris

(PP) Purple loosestrife — Lythrum salicaria

(QQ) Ribbongrass — Phalaris arundinacea var. Picta

(RR) Rose:

(i) Dog — Rosa canina

(ii) Sweetbriar — Rosa rubiginosa

(SS) Rush skeletonweed — Chondrilla juncea

(TT) Saltcedar — Tamarix ramosissima

(UU) Small broomrape — Orabanche minor

(VV) South American waterweed — Egeria densa (Elodea)

(WW) Spanish heath — Erica lusitanica

(XX) Spurge laurel — Daphne laureola

(YY) Spurge:

(i) Leafy — Euphorbia esula

(ii) Myrtle — Euphorbia myrsinites

(ZZ) St. Johnswort — Hypericum perforatum

(AAA) Sulfur cinquefoil — Potentilla recta

(BBB) Swainsonpea — Sphaerophysa salsula

(CCC) Tansy ragwort — Senecio jacobaea

(DDD) Thistle:

(i) Bull — Cirsium vulgare

(ii)Canada — Cirsium arvense

(iii) Italian — Carduus pycnocephalus

(iv) Milk — Silybum marianum

(v) Musk — Carduus nutans

(vi) Scotch — Onopordum acanthium

(vii) Slender-flowered — Carduus tenuiflorus

(EEE) Toadflax:

(i) Dalmatian — Linaria dalmatica

(ii) Yellow — Linaria vulgaris

(FFF) Tree of heaven — Ailanthus altissima

(GGG) Ventenata grass — Ventenata dubia

(HHH) Whitetop:

(i) Hairy — Lepidium pubescens

(ii) Lens-podded — Lepidium chalepensis

(iii) Whitetop (hoary cress) — Lepidium draba

(III) Yellow archangel — Lamiastrum galeobdolon

(JJJ) Yellow flag iris — Iris pseudacorus

(KKK) Yellow nutsedge — Cyperus esculentus

(LLL) Yellow starthistle — Centaurea solstitialis

(6) Exemptions

(a) Agricultural seed as defined in Oregon's Seed Law, ORS 633.511 to 633.750, is exempt from this quarantine but subject to the noxious weed seed tolerances in OAR 603-056-0205.

(b) Other commodities, such as, but not limited to, wheat are exempt from this quarantine to the extent that they are contaminated with noxious weed seed.

(7) Prohibited and Permitted Acts

(a) All plants covered in section (3) of this rule are prohibited entry into the State of Oregon.

(b) All plants listed in section (3) of this rule are prohibited from transport, purchase, sale or offering for sale in the State of Oregon.

(d) All plants listed in section (3) may be collected from the wild in areas that are already infested with the specific species that is collected, provided that the plants, plant parts, or seed are not used for propagation or sale within the State of Oregon.

(8) Disposition of Plants in Violation of the Quarantine. All covered plants listed in section (3) of this rule are found to be in violation of this quarantine shall be returned immediately to point of origin by the Oregon receiver, if from out of state, or at the owner's option be destroyed under the supervision of ODA, without expense to or indemnity paid by ODA.

(9) Exceptions. The director may issue a permit allowing entry into this state, propagation, or research on plants covered by this rule, upon request, and upon investigation and finding that unusual circumstances exist justifying such action, and that the benefits of granting the permit outweigh the potential harm that may result from the requested action. The director may impose specific conditions on any permit issued hereunder, and the permit may be canceled for failure to meet the conditions therein. Any permit issued under this section shall be for a limited duration not to exceed one year.

History

Statutory/Other Authority: ORS 561.510, 569 & ORS 561.190
Statutes/Other Implemented: ORS 561.510
DOA 21-2024, amend filed 10/01/2024, effective 10/01/2024
DOA 21-2019, amend filed 10/16/2019, effective 10/16/2019
DOA 16-2016, f. & cert. ef. 7-26-16
DOA 3-2014, f. & cert. ef. 2-20-14
DOA 3-2013, f. & cert. ef. 3-1-13
DOA 17-2011, f. & cert. ef. 9-29-11
DOA 6-2010, f. & cert. ef. 2-4-10
DOA 11-2008, f. & cert. ef. 3-7-08
DOA 2-2007, f. & cert. ef. 1-30-07
DOA 1-2006, f. & cert. ef. 1-13-06
DOA 27-2004, f. & cert. ef. 12-28-04
DOA 26-2002, f. & cert. ef. 12-10-02
DOA 7-2002, f. & cert. ef. 2-1-02
DOA 13-2000, f. & cert. ef. 5-8-00
DOA 5-1999, f. & cert. ef. 4-5-99

Or. Admin. R. 603-052-1205 Weed-Free Tree Seedling Nurseries

(1) Nursery-grown tree seedlings for commercial forest production can spread noxious weeds if they become contaminated with weed seeds. In order to prevent the spread of noxious weeds, it is necessary to keep them out of the seedling production fields at nurseries that grow conifer and hardwood seedlings for commercial forest plantings. Noxious weeds found in seedling nurseries include, but are not limited to, yellow nutsedge, thistles, St. Johnswort, creeping yellow cress, and quackgrass. OAR 603-052-1200 has a complete list of noxious weeds quarantined in Oregon.

(2) To prevent the establishment and spread of noxious weeds via tree seedlings used for commercial forest plantings, seedling production fields must be kept noxious weed-free.

(3) Currently the preferred method of treatment of seedling production fields, though not the only acceptable treatment, is fumigation with methyl bromide prior to seeding or transplanting of seedlings. This rule is intended as a bridge to ensure effective noxious weed control until technically viable and economically feasible alternative controls and methods can be developed and tested. Active testing of alternatives is underway but has not yet proven operationally successful. This section (3) of this rule may be repealed on December 31, 2018 unless a thorough review as to its importance results in a finding that it is still necessary.

History

Statutory/Other Authority: ORS 570.505 & 571.200
Statutes/Other Implemented: ORS 570.505 & 571.200
DOA 7-2014, f. & cert. ef. 5-1-14
DOA 23-2008, f. & cert. ef. 10-31-08

Or. Admin. R. 603-052-1206 Definitions

As used in OAR 603-052-1206 to 603-052-1211 unless the context requires otherwise:

(1) “Giant reed” or “giant cane grass” means the plant species Arundo donax L. For purposes of this rule the term “giant reed” or “giant cane grass” applies to whole plants, plant parts, rhizomes, harvested plant parts, and seeds. For purposes of this rule, “giant reed” or “giant cane grass” does not include variegated varieties of giant reed as defined in subsection (4) of this section.

(2) “Feral giant reed” means whole plants of the plant species Arundo donax growing outside of permitted production areas or as otherwise inconsistent with this rule.

(3) “Riparian area” means a zone of transition from an aquatic ecosystem to a terrestrial ecosystem, dependent upon surface or subsurface water, that reveals through the zone’s existing or potential soil-vegetation complex the influence of such surface or subsurface water.

(4) “Special Flood Hazard Area” means an area inundated during the 1% annual flood (also known as 100-year flood or a base flood) as determined from the January 2011 version of the Flood Insurance Rate Maps of the Federal Emergency Management Agency (FEMA) available through the Department of Land Conservation and Development at: .

(5) “Variegated varieties of giant reed” means horticultural varieties of Arundo donax with striped or spotted leaves. Variegated varieties may include but are not limited to varieties marketed as “Peppermint Stick,” “Variegata,” and “Golden Chain,” or other ornamental varieties that can be visually distinguished from “giant reed” or “giant cane grass.”

(6) “Wetland” means areas that are naturally inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

History

Statutory/Other Authority: ORS 570.405
Statutes/Other Implemented: ORS 570.405
DOA 29-2012, f. & cert. ef. 12-12-12

Or. Admin. R. 603-052-1209 Purpose

Giant reed, Arundo donax, is a promising bio-energy crop because of its high biomass yield. It is also grown as an ornamental and as a source of reeds for woodwind instruments. Giant reed is highly invasive in riparian areas in some regions of the United States such as California, Texas, and Florida. It is the intent and purpose of OAR 603-052-1206 to 603-052-1211 to balance goals to develop new agricultural crops and support renewable energy development from agricultural feedstocks while protecting natural resources and preventing the establishment of giant reed in riparian areas where it could cause major negative impacts to the natural resources of the State of Oregon.

History

Statutory/Other Authority: ORS 570.405
Statutes/Other Implemented: ORS 570.405
DOA 29-2012, f. & cert. ef. 12-12-12

Or. Admin. R. 603-052-1211 Control Area

(1) As authorized by ORS 570.405, a statewide control area is established to reduce the risk of uncontrolled spread of giant reed into the environment in order to protect the horticultural, agricultural or forest industries of the state.

(2) Extent of Control Area: All of the State of Oregon.

(3) Commodities Covered: All life stages of giant reed, Arundo donax.

(4) Prohibited Acts:

(a) Giant reed is prohibited from being imported, planted, propagated, or grown except as allowed in this rule in sections (5) through (7) below.

(b) Giant reed shall not be planted, grown, or stored in riparian areas, wetlands, or special flood hazard areas (100-year flood plains) or in a 100 ft. buffer beyond the edge of riparian areas, wetlands, or flood hazard areas.

(5) Permit Requirements:

(a) Except as specified in OAR 603-053-1211(7)(b), giant reed shall not be planted or grown in Oregon without a permit from the Oregon Department of Agriculture (ODA).

(b) Applications for permit must be in writing to ODA and include specific locations, detailed maps of the field locations, and any water bodies in the vicinity of all proposed field locations. Applications for a permit to produce giant reed must be sent to: Plant Program Area Director, Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97304 or emailed to: .

(c) ODA will review the application upon its receipt and share the application information with noxious weed control officials in the county(ies) where production of giant reed is grown or proposed to be grown.

(d) ODA may deny an application or may issue a permit with any conditions as may be necessary to prevent the uncontrolled spread of giant reed or as necessary to protect the horticultural, agricultural or forest industries of the state. Conditions that ODA may require include, but are not limited to, conditions requiring notification to ODA of the dates when giant reed fields are planted and are taken out of production, annual updates on field locations, or any other precautions related to site-specific risk factors presented by a proposed growing location.

(e) Permit holders will be assessed an annual fee of $2.00 per acre payable to ODA before planting and every twelve months thereafter, to cover the cost of monitoring fields where giant reed is produced and the cost of surveys for feral giant reed in the environment. Monitoring and surveys are necessary to ensure that giant reed has not escaped outside of contracted production areas and is necessary for enforcing the terms of the control area established in this rule.

(f) Any equipment used in giant reed production fields must be cleaned free of soil and plant debris prior to leaving production fields.

(g) Planting stock collected from the wild outside of Oregon must be washed free of soil and must be accompanied by a phytosanitary certificate indicating that the stock has been inspected and found free of soil and harmful pests, diseases, and weeds.

(h) In vitro and container-grown giant reed planting stock imported for biofuel production must meet plant health requirements for nursery stock entering Oregon from the state of origin.

(i) In-state producers of biofuel planting stock are subject to the same requirements as biofuel producers if plants are field grown. In vitro and containerized production of biofuel planting stock in Oregon does not require a bond or a permit, but containerized giant reed planting stock shall not be planted, grown, or stored in riparian areas, wetlands, or special flood hazard areas (100-year flood plains) or in a 100 ft. buffer beyond the edge of riparian areas, wetlands, or flood hazard areas.

(j) Green giant reed must not be transported outside the fields where it is grown unless it is in a covered container or the load is tarped. Harvested giant reed that is conditioned (crushing, chipping, chopping, or shredding) and dried in the field need not be transported in closed containers and such loads need not be tarped (e.g. bales of giant reed).

(6) Bond; Conditions for Ceasing Production of Giant Reed:

(a) Contractors (or growers if there is no contractor) for the production of giant reed for other than ornamental or woodwind reed purposes (see (7) below) must supply a bond or another form of acceptable collateral furnished by a surety company authorized to do business in Oregon in favor of the State of Oregon through its Department of Agriculture. The amount of the bond/collateral will be $100/acre up to a maximum of $1,000,000. The permit will not be issued until the Department has received the bond/collateral. The purpose of the bond is to cover any and all costs associated with the detection and eradication of giant reed inside or outside of production fields if the Department determines feral giant reed must be eradicated in order to protect the agricultural, horticultural or forest resources of the State. The bond/collateral must be in place for the duration of permitted production and remain effective for 3 years after production ceases.

(b) The holder of a permit for the production of giant reed that ceases production of giant reed must completely eradicate giant reed in a manner that prevents former giant reed production fields from becoming a source of propagules that could lead to accidental spread of giant reed in the wild.

(c) Any holder of a permit issued by ODA must monitor any and all areas upon which giant reed was produced under permit for at least three years after production ceases to ensure that all giant reed plants are killed and any source of propagules are eradicated. ODA may require additional monitoring time as it determines is necessary to assure complete eradication of giant reed from areas under contract for production.

(d) Any and all costs associated with eradication of giant reed in production fields and adjacent property owned or controlled by the producer after production has ceased is the responsibility of the permit holder.

(e) Oregon State University Research and Extension Centers are exempt from sections (5)(a) and (6)(a) of this rule for the purpose of allowing research related to giant reed production and control.

(7) Conditions for Ornamental and Woodwind Reed Plantings: Giant reed has been used as an ornamental plant in Oregon for many years. It is also grown as a source for woodwind reeds. Ornamental or woodwind reed plantings could result in feral populations. In order to lower the risk of ornamental or woodwind reed plants becoming feral, giant reed is being phased out of the nursery trade. Variegated varieties such as “Peppermint Stick,” “Variegata,” and “Golden Chain,” may continue to be grown and sold in Oregon unless ODA and State Weed Board list giant reed as a noxious weed.

(a) After December 31, 2013, only variegated varieties of giant reed may be sold in Oregon for ornamental or woodwind reed purposes.

(b) A permit is not required for ornamental or woodwind reed plantings of variegated varieties of giant reed totaling less than 1/4 acre.

(c) Ornamental and woodwind reed plantings of giant reed existing before these rules were adopted will not be considered feral unless they are in Special Flood Hazard Areas or the ODA determines such populations are becoming invasive. Any plantings of giant reed or variegated varieties of giant reed over 1/4 acres are subject to the permitting requirements in OAR 603-052-1211(5).

(d) If the ODA and the State Weed Board determine giant reed is a noxious weed, all ornamental uses of giant reed shall terminate and all production will require a permit.

(8) Eradication and Control of Giant Reed:

(a) Except as stated in (7) above, ODA considers giant reed plants detected outside of contracted production fields as feral plants, which shall be eradicated or controlled.

(b) Any person owning or occupying property upon which feral giant reed is detected must contact the ODA within 48 hours of detection.

(c) Upon detection of feral giant reed, ODA may develop a survey, eradication, and monitoring plan to control or eradicate detected feral giant reed. Consistent with its authorities, ODA may develop and conduct appropriate measures to control or eradicate feral giant reed, may enter into a contract for the purpose of controlling or eradicating feral giant reed, or take any measures necessary to control or eradicate feral giant reed consistent with law.

(d) Control or eradication of feral giant reed may be implemented at no cost to a person owning or controlling land within this state upon which feral giant reed is detected. However, ODA may request any person owning or controlling land within this state to control, prevent the spread of, or eradicate feral giant reed, subject to supervision of such activities by ODA.

(e) If ODA is unable to control or eradicate feral giant reed on private property, then consistent with the provision of ORS 570.405(2), any person owning or controlling land within this state must take measures to eliminate or prevent the possibility of spread of feral giant reed to other lands and ownerships. Control measures for feral giant reed must be implemented in a timely manner as determined by ODA. Treatments must provide sufficient levels of control to make progress toward the goal of eradication.

(9) Review:

(a) ODA will conduct a thorough review of these rules after PGE’s test burn (now scheduled for 2014) and before large acreages of giant reed are planted. The best available science, experience with test plots, survey results, and plans for expansion of giant reed production will be taken into consideration when determining whether these rules should be amended.

(b) Before December 31, 2022, the Department will conduct a thorough review of the effectiveness and necessity for this rule. If by that date giant reed has not been declared a noxious weed by ODA and the State Weed Board, the bond/collateral requirement (6)(a) sunsets unless specifically extended via amendment to this rule.

History

Statutory/Other Authority: ORS 570.405
Statutes/Other Implemented: ORS 570.405
DOA 3-2014, f. & cert. ef. 2-20-14
DOA 29-2012, f. & cert. ef. 12-12-12

Or. Admin. R. 603-052-1221 Quarantine; Glassy-Winged Sharpshooter

(1) Establishing a Quarantine. A quarantine is established against glassy-winged sharpshooter, Hoalodisca coagulata. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon's agricultural industries from the artificial spread of glassy-winged sharpshooter. Glassy-winged sharpshooter is a vector of Pierce's disease, Xylella fastidiosa (see OAR 603-052-0051), in grapes and other diseases of important horticultural plants. Glassy-winged sharpshooter is not known to be established in Oregon. Introduction of glassy-winged sharpshooter could result in serious damage to vineyards in Oregon and cause trade restrictions on many other host plants.

(2) Area under Quarantine: Mexico; the entire States of Alabama, Arkansas, California, Florida, Georgia, Louisiana, Mississippi, Missouri, North Carolina, South Carolina, and Texas; and any other state found to be infested with glassy-winged sharpshooter during the life of this quarantine. In Oregon, any property where glassy-winged sharpshooter is found.

(3) Commodities Covered: All plants referenced in Appendix A. This does not include cut flowers, cut foliage, leafless budwood, grafting wood, or dormant, leafless nursery stock except all types of propagative material of grape plants (Vitis spp.) (see (4)(c) below). All life stages of the glassy-winged sharpshooter, including eggs, nymphs, and adults.

(4) Provisions of the Quarantine: All shipments of covered commodities from areas under quarantine outside the state of Oregon are prohibited unless they meet the conditions below:

(a) Covered commodities, except grape plants (Vitis spp., see (4)(b)), originating from the area under quarantine including infested counties in California: Fresno, Imperial, Kern, Los Angeles, Madera, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Santa Clara, Tulare, Ventura, and any other county found to be infested with glassy-winged sharpshooter during the life of this quarantine, must meet either (A) or (B) below.

(A) Originate from nurseries under compliance agreement with the state of origin Department of Agriculture requiring adherence to specific protocols to ensure that shipped host nursery stock is free of glassy-winged sharpshooter; or

(B) Have been treated with a registered pesticide effective at killing all stages of glassy-winged sharpshooter prior to shipment as near to the time of shipping as is reasonably possible. A phytosanitary certificate or certificate of quarantine compliance must accompany the shipment with one of the following additional declarations: "All glassy-winged sharpshooter host plants in this shipment have been grown in a nursery under compliance agreement with the [fill in state] Department of Agriculture to ensure freedom from glassy-winged sharpshooter," or: "All glassy-winged sharpshooter host plants in this shipment have been treated with [fill in name and rate of pesticide] for glassy-winged sharpshooter."

(b) Grape plants (Vitis spp.) from the area under quarantine, including infested counties in the state of California (see (4)(a)), must be treated for glassy-winged sharpshooter as in (4)(b)(A) or (B) above. A phytosanitary certificate must accompany the shipment with one of the following additional declarations: "Grape plants (Vitis spp.) in this shipment have been treated for glassy-winged sharpshooter with [fill in name and rate of pesticide],” or "Grape plants (Vitis spp.) in this shipment have been grown under a compliance agreement with the [fill in state] Department of Agriculture to ensure freedom from glassy-winged sharpshooter.”

(c) Notification of regulated commodity shipment is required as described in OAR 603-054-0027. The shipper shall mail, FAX or e-mail documents including the phytosanitary certificate or certificate of quarantine compliance, listing the type and quantity of plants, address of shipper, address of recipient, test results if required in (4)(c) above, and contact phone numbers to: Nursery Program Supervisor, Plant Division, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301; FAX: 503/986-4786; e-mail: quarantine@oda.oregon.gov. The Department may require that shipments be held until inspected and released.

(d) Sites within Oregon where glassy-winged sharpshooter is found associated with covered commodities imported from the area under quarantine must be treated with a registered pesticide effective at killing all stages of glassy-winged sharpshooter. All imported host material received from areas under quarantine must be treated as well as all other host material in a reasonable buffer zone approved by the Oregon Department of Agriculture. Host material within the spray block may not be moved or sold until after it is treated. In cases where spray blocks include more than one owner, each owner will be responsible for spraying host material on their own property.

(5) Violation of quarantine. Violation of this quarantine may result in a fine, if convicted, of not less than $500 nor more than $5,000, as provided by ORS 561.990(4). Violators may also be subject to civil penalties of up to $10,000 as provided by Oregon Laws 1999, chapter 390, section 2; nursery license suspension or nursery license revocation. Commodities shipped in violation of this quarantine may be treated, destroyed or returned to their point of origin without expense or indemnity paid by the State. [Appendix not included. See ED. NOTE.]

(6) Exceptions. The Department, upon receipt of an application in writing, may issue a special permit allowing movement into this state, or movement within this state, of regulated commodities not otherwise eligible for movement under the provisions of this quarantine order. Movement of such commodities will be subject to any conditions or restrictions stipulated in the special permit, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape or spread of a harmful pest or disease.

(7) Review. The Department and other interested parties shall review the quarantine and restrictions biennially for accuracy and effectiveness.

[ED. NOTE: Tables & Appendices referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190, 561.510 & 561.540
Statutes/Other Implemented: ORS 570.305
DOA 9-2026, minor correction filed 01/29/2026, effective 01/29/2026
DOA 12-2014, f. & cert. ef. 7-29-14
DOA 2-2014, f. & cert. ef. 2-14-14
DOA 7-2008, f. & cert. ef. 2-8-08
DOA 2-2007, f. & cert. ef. 1-30-07
DOA 1-2006, f. & cert. ef. 1-13-06
DOA 35-2000, f. & cert. ef. 12-15-00

Or. Admin. R. 603-052-1230 Quarantine: Phytophthora ramorum

(1) Establishing a quarantine: A quarantine is established against Phytophthora ramorum, the cause of sudden oak death and other plant diseases. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon's agricultural industries and natural resources from the artificial spread of P. ramorum. This pathogen causes mortality in susceptible oak (Quercus spp.), tanoak (Notholithocarpus densiflorus syn. Lithocarpus densiflorus), rhododendron (Rhododendron spp.), viburnum (Viburnum spp.), evergreen huckleberry (Vaccinium ovatum), and other plant species. In other susceptible plants it causes leaf spots, twig dieback and/or stem cankers. Methods for exclusion of commodities potentially infected with this disease and procedures for eradication of incipient infections are prescribed in this quarantine.

(2) Area under quarantine:

(a) The following counties in California: Alameda, Contra Costa, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma, and Trinity;

(b) The following portion of Curry County that lies inside the area starting at the point where the mouth of the Rogue River meets the Pacific Ocean and continuing east along the Rogue River to the northeast corner of T35S R12W section 31, then south to the northeast corner of T38S R12W section 18, then east to the northeast corner of T38S R12W section 13, then south to the northeast corner of T38S R12W section 25, then east to the northeast corner of T38S R11W section 29, then south to the northeast corner of T40S R11W section 8, then east to the northeast corner of T40S R11W section 10, then south to the state border with California, then west to the intersection of the Oregon/California state border with US Highway 101, and then northwest along US Highway 101 to the intersection with West Benham Lane and then west along West Benham Lane and continuing directly west to the Pacific Coastline; then following the coastline north-northwest back to the point of beginning;

(c) Any country, state, county, province or area covered by the federal Domestic Quarantine for Phytophthora ramorum, 7 CFR 301.92;

(d) Any property in Oregon where P. ramorum is found, including a buffer zone of up to three (3) miles surrounding the infested site during any eradication or containment program.

(3) The following definitions apply to ORS 603-052-1230:

(a) “Best management practices” is defined as any actions or activities that can be used to prevent or eliminate new P. ramorum infections.

(b) “Disease-free area” means an area located more than one-quarter (1/4) mile from the generally infested area, or any other infested sites, which has been officially surveyed within the past 6-months and found free of P. ramorum.

(c) “Generally-infested area” means the area within the quarantine boundary where P. ramorum has been commonly found or in which there is reason to believe P. ramorum is present because of the proximity, one-quarter (1/4) mile or less, to known infested sites. A map showing the generally infested area is available from the Oregon Department of Agriculture, http://www.oregon.gov/ODA/CID/ PLANT_HEALTH/, 635 Capitol St. NE, Salem, OR 97301, telephone: 503-986-4620.

(d) "Hosts and associated plants" means plants on the USDA APHIS List of Regulated Hosts and Plants Proven or Associated with Phytophthora ramorum, effective date November 27, 2013.

NOTE: This list is available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone: 503-986-4644.

(e) “Infested site” is defined as the area within fifty (50) feet of one or more plants officially confirmed as infected with P. ramorum.

(f) “Treatment area” is defined as the area delimited by the Oregon Department of Agriculture (ODA) or an official cooperator in which treatments to eliminate or reduce P. ramorum inoculum and sources thereof is required or recommended. The treatment area may range from 50 to 300 or more feet from infected or symptomatic plants.

(g) “Type 1” is defined as an infested site(s) that because of its geographical location in relationship to other infested sites, surrounding flora, and based on the best available data on disease spread, is considered to be of highest risk for advancing further spread of P. ramorum into previously un-infested areas. By definition, Type 1 sites are typically located outside of the generally infested area.

(h) “Type 2” is defined as an infested site(s) that because of its geographical location in relationship to other infested sites, surrounding flora, and based on the best available epidemiological data on disease spread, is considered to be of less risk for advancing further spread of P. ramorum into previously un-infested areas. By definition, Type 2 sites are typically located inside of the generally infested area.

(i) “Non-commercial” is defined as any activity or entity that does not in some sense involve commerce, relative to similar activities that do have a commercial objective.

(j) "Nursery stock" is defined in ORS 571.005. Tissue culture plantlets in sealed, sterile containers are exempt from this regulation;

(4) Commodities regulated:

(a) All plants and plant parts of hosts and associated plants: Examples of regulated commodities include all portions of the plants including, but not limited to nursery stock, logs, bark, wood chips, mulch, firewood, sawdust, green waste, other plant products that may contain bark or foliage;

(b) Any other plant found to be naturally infected with P. ramorum, any product or article that an official inspector determines to present a risk of spreading P. ramorum, and all life stages of P. ramorum.

(5) Provisions of the quarantine: Movement out of the quarantined area of regulated commodities originating from the area under quarantine, and any other area found to be infested with P. ramorum during the life of this quarantine, is prohibited unless one of the following requirements has been met:

(a) The regulated commodity meets the official treatment and certification requirements for interstate movement as defined in the federal domestic quarantine, 7 CFR 301.92. The regulated commodity must be accompanied by an official certificate that includes the following additional declaration "The (type of covered commodity) from (name of county or other location identifier) has been treated for Phytophthora ramorum as required prior to shipment." As applicable, the specific requirements of the treatment must be recorded on the official certificate;

(b) Provisions for Douglas fir, grand fir, alder, and other non-hosts and non-bole hosts (as defined in 7 CFR 301.92) harvested within the quarantine area, including the generally-infested area. Logs and firewood of non-hosts and non-bole hosts are not regulated per 7 CFR 301.92 and can move freely within or outside the quarantine area. Soil, needles, foliage, and plant debris (including branches less than or equal to one (1) inch in diameter) must stay within the quarantine area.

(A) Tanoak logs and firewood - Intrastate. Tanoak logs and firewood may be shipped intrastate provided the logs were harvested from a disease-free area and the logs and firewood are safeguarded from contamination prior to shipment out of the quarantine area.

(B) Tanoak logs and firewood - Interstate. Tanoak logs and firewood may be shipped interstate provided the logs and firewood were harvested from a disease-free area, have been debarked according to federal requirements (see 7 CFR 301.92), and are accompanied by an official phytosanitary certificate verifying the debarking of the logs and firewood prior to shipment.

(C) Tanoak logs and firewood harvested within the generally-infested area are not eligible for movement outside of the quarantine area.

(d) Nursery stock grown in a quarantined county or area may be eligible for shipment to and within Oregon providing the nursery is part of an official certification program and has been inspected and tested as required by the federal domestic quarantine, 7 CFR 301.92, for P. ramorum. The official certificate must include the following additional declaration: "The (covered commodity) from (name of county or other location identifier) has met the Phytophthora ramorum quarantine requirements for shipment into and within Oregon.”

NOTE: Recipients of tree and shrub nursery stock imported into the state must notify the ODA no later than two business days after its arrival as required by OAR 603-054-0027.

(e) Soil and potting media from the quarantine area at a known infested site or from within four (4) meters of an infected host plant must be sterilized before shipment. The soil or potting media must reach a minimum temperature of 50 degrees C (122 degrees F) for 30-minutes measured at the center of the mass of soil or potting media. Soil or potting media that has never been associated with the covered commodities is exempt. Treatments must be officially verified. The official certificate must include the following additional declaration "The (soil or potting media) from (name of county or other location identifier) has been treated for Phytophthora ramorum as required prior to shipment." The length and temperature of the treatment must be recorded on the official certificate.

(6) Infested properties in Oregon: Confirmation of a P. ramorum infection must be made by the ODA or an official cooperator. The required response depends on whether the infested site is of high priority (Type 1) or normal priority (Type 2) in terms of importance for slowing disease spread as determined by ODA or an official cooperator. The ODA or an official cooperator will notify the landowner when a Type 1 infested site has been detected on their property.

(a) Type 1 sites must be treated as quickly as possible in accordance with USDA APHIS's Official Regulatory Protocol for Phytophthora ramorum Detections in Residential or Landscaped Commercial Settings, last revised January 15, 2013 or the USDA Forest Service, USDA APHIS, National Association of State Foresters, and National Plant Board’s National Framework for Managing Sudden Oak Death caused by Phytophthora ramorum in Forests and Wildlands, October 2011. Subject to the availability of funds dedicated to the rapid treatment of P. ramorum infested sites, the cost of treatment will be borne by the State.

NOTE: These protocols are available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone: 503-986-4644. Affected property owners will be issued infestation and treatment area location and treatment requirements in the form of an Administrative Directive. For public and private forested lands, the Oregon Departments of Agriculture and Forestry (ODF) will work with the landowner to develop a treatment plan that will be based on the best available science. The treatment plan may include some or all of the following activities:

(A) Cutting and piling susceptible trees and shrubs;

(B) Burning the wood and plant debris when safe to do so;

(D) Fungicide application;

(E) Sampling and monitoring;

(F) Replanting with suitable plant species to meet landowner objectives and to prevent intensification and spread of the disease.

(b) On Type 2 sites disease suppression through the implementation of best management practices is encouraged. Subject to availability of funds dedicated to the suppression of P. ramorum in urban and forested environments, a cost-share program may be available through the ODF to help defray costs of implementing best management practices to suppress disease spread (Oregon Department of Forestry, 415 Redwood Street, Brookings, OR 97415, telephone: 541-469-5040). A landowner with a Type 2 site may, after consultation with the ODA and ODF, allow use of their infested site(s) for P. ramorum-related research by Oregon State University, ODF, or ODA. Trees killed by P. ramorum within an infected Type 2 treatment area may be used as firewood under the following conditions:

(A) The firewood from the infected tree(s) is for non-commercial use only;

(B) The firewood does not leave the generally-infested area or any other infested site outside of the generally-infested area.

NOTE: Best management practices for managing P. ramorum infestations within the generally infested area are available on the California Oak Mortality website, http://www.suddenoakdeath.org, or from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone: 503-986-4644, or the Oregon Department of Forestry - Coos Bay, 63612 Fifth Road, Coos Bay, 97420, telephone: 541-267-4136.

(7) Infested nurseries in Oregon: Confirmation of a P. ramorum infestation must be made by the ODA or an official cooperator. Nurseries are required to eradicate the disease as quickly as possible in accordance with USDA APHIS's Official Regulatory Protocol for Nurseries Containing Plants Infected with Phytophthora ramorum Version 8.2, revised March 27, 2014. Infected nurseries must also notify their customers of shipments of high-risk nursery stock [Camellia, Kalmia, Pieris, Rhododendron (including Azalea), and Viburnum] to non-regulated areas as required by the Federal Order for Phytophthora ramorum, (DA-2012-53, December 10, 2012). Nurseries from within the federally regulated area for P. ramorum (7 CFR 301.92) are subject to the following requirements:

(a) Nurseries from which P. ramorum has been detected in multiple growing seasons will be required to implement best management practices as described in USDA APHIS’s official regulatory protocols for positive nurseries for the mitigation of Phytophthora disease in plants for planting. Alternatively, such nurseries may enter Oregon’s Grower Assisted Inspection Program;

(b) Nurseries within the federally regulated area that ship interstate and from which P. ramorum has been detected since March 31, 2011, must comply with the requirements as described by the Federal Order Domestic Quarantine Phytophthora ramorum (DA-2014-02, January 10, 2014);

(c) Nurseries within the federally regulated area that do not ship interstate and from which P. ramorum has been detected since March 31, 2011, must be inspected annually as described in 7 CFR 301.92;

(d) Nurseries within the federally regulated area that ship interstate and from which P. ramorum has not been detected since March 31, 2011, must be inspected as described in ORS 571.145.

(e) Nurseries within the federally quarantined area must be inspected as described in 7 CFR 301.92.

NOTE: These best management practices and protocols and information about the GAIP for nurseries are available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone: 503-986-4644.

(8) Special permits: The Department, upon receipt of an application in writing, may issue a special permit allowing movement into this state, or movement within this state, of regulated commodities not otherwise eligible for movement under the provisions of this quarantine order. Movement of such commodities will be subject to any conditions or restrictions stipulated in the permit, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape or spread of P. ramorum.

(9) Violation of quarantine: Violation of this quarantine may result in a fine, if convicted, of not less than $500 no more than $5,000, as provided by ORS 561.990. In addition, violators will be subject to civil penalties of up to $10,000 as provided by 561.995. Commodities shipped in violation of this quarantine may be treated, destroyed or returned to their point of origin without expense or indemnity paid by the state.

History

Statutory/Other Authority: ORS 561 & 570
Statutes/Other Implemented: ORS 561.510 - 561.545, 570.105 - 570.190 & 570.990 - 570.995
DOA 9-2015, f. & cert. ef. 7-23-15
DOA 14-2014, f. & cert. ef. 8-22-14
DOA 5-2014, f. & cert. ef. 4-29-14
DOA 4-2013, f. & cert. ef. 3-1-13
DOA 6-2012, f. & cert. ef. 3-22-12
DFW 14-2011, f. & cert. ef. 9-9-11
DOA 21-2010, f. & cert. ef. 12-17-10
DOA 5-2009, f. & cert. ef. 4-9-09
DOA 5-2008, f. & cert. ef. 1-16-08
DOA 7-2007, f. & cert. ef. 3-27-07
DOA 4-2006, f. & cert. ef. 3-10-06
DOA 1-2005, f. & cert. ef. 1-24-05
DOA 5-2001, f. & cert. ef. 3-27-01
DOA 1-2001(Temp), f. & cert. ef. 1-5-01 thru 4-4-01

Or. Admin. R. 603-052-1236 Biopharmaceutical Crops

(1) As authorized by ORS 561.738 and 561.740 a system is established for joint federal-state oversight of biopharmaceutical crops in Oregon.

(2) Memoranda of understanding (MOU’s).

(a) ORS 561.740 authorizes the Director of Agriculture and an appointee of the Director of Human Services to enter into a MOU or other state-federal cooperative agreement designed to increase state input to the federal biopharmaceutical crop permitting system on issues and requirements of specific interest to the State. These rules clarify the procedures for carrying out the provisions of ORS 561.740.

(b) ODA and DHS will enter into a separate MOU or other cooperative agreement to clarify how they will interact during the joint review of a biopharmaceutical crop permits and oversight of biopharmaceutical crop production.

(3) Federal Regulations. Federal permit regulations related to genetically engineered crops are contained in 7 CFR, Part 340. As part of the permit process (7 CFR, Part 340.4 (14)(c)), USDA submits the application and initial review (minus confidential business information (CBI)) to the department of agriculture of the State of destination.) ORS 561.740(2)(a) authorizes certain Oregon state officials from the departments of Agriculture and Human Services to receive CBI and keep it confidential if the application is for a biopharmaceutical crop.

(4) ODA/DHS Review of Federal Biopharmaceutical Crop Permit. The intent of ODA/DHS review is not to duplicate the efforts of USDA, rather to allow ODA/DHS to provide input on Oregon-specific issues and requirements. ODA/DHS officials may not disclose CBI revealed to them as part of this process.

(5) Public Input

(a) ODA will maintain a list of interested parties requesting notification in the event the State receives a biopharmaceutical crop permit application. Notification to interested parties will be done via email. Only non-CBI will be shared with interested parties and other members of the public.

(b) If ten or more people or an association with ten or more members requests a public information meeting, ODA will conduct such a meeting pursuant to ORS 192.610 to 192.710 in the county of the proposed biopharmaceutical planting to answer questions and gather input. Notice of the meeting will be via email and will include the list of interested parties and the OSU County Extension office in the county of the proposed planting so that local growers can be invited. The meeting notice will also be posted on ODA’s website as will addresses for sending comments via postal mail or email. All input received by the end of the public information meeting will be supplied to the ODA and DHS officials reviewing the application for their consideration.

(c) The period for public comment will be 30 days or as long as possible if the State receives the application with less than 30 days before any USDA-imposed deadlines related to maximum review periods outlined in 7 CFR, Part 340.4(14)(c).

(6) State Response. After thorough review, ODA, in consultation with DHS, will jointly issue a letter to USDA with signatures of designated officials from both agencies. If either agency has concerns, those concerns will be expressed in the joint letter. The letter will recommend approval, approval with additional safeguards, or denial of the biopharmaceutical crop permit application.

(7) Monitoring.

(a) In coordination with USDA, and to the extent resources are available, ODA/DHS officials will participate in inspecting and monitoring of biopharmaceutical crops and take action if it is determined that there is evidence an existing or proposed biopharmaceutical crop is likely to endanger human health, the environment, Oregon agriculture, horticulture, or forest production.

(b) The costs of any required remedial action, which may include crop destruction, are the responsibility of the permit applicant.

(8) State Fees. The applicant will be billed at a maximum rate of $100/hour for state services related to the authorization and oversight of biopharmaceutical crop production, including but not limited to permit application review, site inspections, monitoring, administration and enforcement. Invoices will be sent quarterly by the ODA. DHS will receive its share of payments received via interagency transfer. Total fees charged under this paragraph may not exceed $10,000 for each federal permit and the resulting production.

History

Statutory/Other Authority: ORS 561.738 & 561.740
Statutes/Other Implemented: ORS 561.190
DOA 7-2010, f. & cert. ef. 2-4-10

Or. Admin. R. 603-052-1240 Bentgrass Control Area in Jefferson County

(1) Definitions: As used in this rule:

(a) "Modern biotechnology" means genetic modification of organisms by recombinant DNA techniques.

(b) "Conventionally bred" means traditional plant breeding not involving genetic modification of organisms by recombinant DNA techniques.

(c) "Willamette Valley counties" include: Benton, Clackamas, Lane, Linn, Marion, Multnomah, Polk, Washington, and Yamhill counties in Oregon.

(2) As authorized in ORS 570.405, a control area is established in Jefferson County to regulate the production of bentgrass. This control area is designed to provide physical separation between varieties of bentgrass produced using techniques of modern biotechnology and conventionally bred varieties with which they might cross-pollinate.

(3) Extent of Control Area: The control area consists of all of the following parcels in central Jefferson County, Oregon:

(a) In T10S, R13E, W.M.: sections 2, 3, 4, 5, 11, 13, 14, and 24 in their entirety; the portions of sections 10, 15, 22, 23, 26, and 35 lying east of U.S. Hwy 26; the portion of section 25 lying west of Adams Drive; the NW, SE, SW, quarter sections and the western half of the NE quarter section of section 12; the western half of the SW and NW quarter sections of section 1; the NW quarter corner of the NW quarter section of section 36, plus;

(b) In T9S, R13E W.M.: sections 28, 33, 34, and 35 in their entirety; the portions of sections 16, 20, 21, and 29 lying on the Agency Plains and above the canyon rim; the southern half of section 32 and the eastern half of the NE quarter section of section 32.

(4) Commodities Covered: bentgrass (all Agrostis spp.). All other crops, plants, and commodities are exempt from provisions of this regulation except processing of other grass seed crops as regulated in section (5)(c) below.

(5) Prohibited Acts:

(a) Only varieties of bentgrass that have been developed using the techniques of modern biotechnology may be planted, grown, cleaned, conditioned or handled in the control area. Conventionally bred bentgrass varieties may not be planted, grown, cleaned, conditioned or handled within the control area. This regulation applies only to bentgrass.

(b) Bentgrass fields within the control area must not be located closer than one-quarter mile from fields of conventionally bred bentgrass varieties located outside the control area. All field borders, ditch banks, and roadsides within 165 feet of the bentgrass fields must be kept free of Agrostis spp. Waterways leaving bentgrass fields must be kept free of Agrostis spp. for a distance of 165 feet.

(c) The bentgrass seed produced within the control area must be processed at a seed cleaning and packaging facility located within the control area. No conventionally bred varieties of grass seed of any type shall be cleaned or packaged at this facility.

(d) Bentgrass seed produced in the control area must be transported from the field to the cleaning and packaging facility in enclosed containers. Processed bentgrass seed produced in the control area may not leave the control area except in sealed commercial containers.

(e) Combine(s) used to harvest bentgrass in the control area must not be used for any other crop. Dedicated combine(s) no longer being used to harvest bentgrass in the control area must be fumigated to devitalize all bentgrass seeds and thouroughly cleaned. Other equipment used in the harvesting and transporting of unprocessed bentgrass seed must be thoroughly cleaned before leaving the control area. Containers such as poly bags used to transport unprocessed bentgrass seed and straw must not be used for other agricultural commodities or must be thoroughly cleaned before being used for other agricultural commodities to avoid cross-contamination.

(f) All bentgrass straw produced in the control area must be burned within the control area or processed in a way that devitalizes bentgrass seeds, e.g. pelletizing. If processing occurs outside the area, the straw must travel to the processing plant in enclosed containers.

(g) Stand removal following final harvest will include the following steps: watering to promote regrowth, application of an effective herbicide (such as fluazifop or glufosinate), and shallow tillage (not plowing). The next crop must tolerate a selective herbicide that kills bentgrass and roguing or such herbicide must be used to control bentgrass volunteers. Other methods of stand removal, e.g. fumigation, may be acceptable. Growers should send a written request for approval of alternative methods to: Administrator, Plant Division, Oregon Department of Agriculture, 635 Capitol St., Salem, OR, 97301.

(h) Varieties of bentgrass that have been developed using the techniques of modern biotechnology may not be planted in Willamette Valley counties in order to prevent cross-pollination with traditionally bred varieties. This includes both seed production fields and all non-production plantings such as sod farms, golf course putting greens, tees, and fairways. Research plots are allowed in Willamette Valley counties under permit/notification from the United States Department of Agriculture.

(6) Violations: Any bentgrass or other grass seed not in compliance with the provisions of this rule is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents. Violators of this control area are subject to the penalties provided by 570.410 and 570.990, including civil penalties up to $10,000.

History

Statutory/Other Authority: ORS 561.190 & 570.405
Statutes/Other Implemented: ORS 570.405
DOA 2-2008, f. & cert. ef. 1-7-08
DOA 2-2006, f. & cert. ef. 2-6-06
DOA 19-2002, f. & cert. ef. 7-23-02

Or. Admin. R. 603-052-1241 Quarantine: Rathayibacter toxicus

(1) Establishing a quarantine. A quarantine is established against Rathayibacter toxicus, the cause of bacterial gummosis of seed heads. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon's agricultural industries and natural resources from the artificial spread of R. toxicus. This bacterium causes a disease that infects ryegrass and other grass species, severely limiting seed production. Rathayibacter toxicus also produces a toxin that can contaminate grass seeds, hay, and other plant parts; this toxin can be fatal to mammals. Methods for exclusion of commodities potentially infected with this disease and procedures for eradication of incipient infections are prescribed in this quarantine.

(2) Area under quarantine. All areas outside of the State of Oregon where R. toxicus is known to occur and any property within the State of Oregon where R. toxicus is detected;

(3) Commodities regulated. All plants and plant parts including seed of the following regulated commodities: species of grass known to be hosts for Anguina seed gall nematodes, including Lolium species, Dactylis species, and Agrostis species, and all known hosts of R. toxicus, including Phalaris species, Vulpia myuros (Rat’s tail fescue), Austrodanthonia caespitosa (=Danthonia caespitosa, common wallaby-grass), Avena sativa (common oat), and A. caespitosa (= Deschampia cespitosa, tufted hairgrass). All life stages of R. toxicus.

(4) Provisions of the quarantine. Regulated commodities originating from the area under quarantine, and any other area found to be infested with R. toxicus during the life of this quarantine, are prohibited unless one of the following requirements has been met:

(a) The regulated commodity originates from an area that is free from R. toxicus based on official surveys conducted by an official entity recognized by a National Plant Protection Organization. The regulated commodity must be accompanied by an official certificate that includes the following additional declaration: “The shipment originates from an area known to be free from Rathayibacter toxicus based on official survey.” Official survey data supporting this statement must be presented to the Oregon Department of Agriculture upon request.

(b) The regulated commodity has been tested in an official laboratory recognized by a National Plant Protection Organization using a protocol approved by the Department and has tested free from R. toxicus. The regulated commodity must be accompanied by an official certificate that includes the following additional declaration: “The shipment is free from Rathayibacter toxicus based on official laboratory testing.” An official laboratory test report must be presented to the Oregon Department of Agriculture upon request.

(NOTE: A list of laboratory testing protocols approved by the Department is available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone 503-986-4620.)

(5) The Oregon Department of Agriculture may require additional sampling and testing of covered commodities imported from an area or areas where R. toxicus is known to occur, including all areas described in Section (2). The party in possession of said seed lot(s) while in the State of Oregon shall be responsible for all fees for sample collection and testing. Fees shall be applied as described in OAR 603-052-1150 and 603-056-0305.

(6) Infested properties in Oregon: Confirmation of a R. toxicus infection must be made by the Department or an official cooperator. Affected property owners will be issued treatment requirements for the known infested area in the form of an Administrative Directive. The treatment requirements may include, but not be limited to, the following activities:

(a) Mandatory crop rotation;

(b) Herbicide treatments;

(d) Field inspections, including testing;

(e) Planting of certified seed;

(f) Equipment sanitation;

(g) Mandatory official sampling and testing of grass seed lots from future production within infected properties.

(7) Special permits: The Department, upon receipt of an application in writing, may issue a Special Permit allowing movement into this state, or movement within this state, of regulated commodities not otherwise eligible for movement under the provisions of this quarantine order. Movement of such commodities will be subject to any conditions or restrictions stipulated in the Special Permit, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape or spread of R. toxicus.

(8) Violation of quarantine: Violation of this quarantine may result in a fine, if convicted, of not less than $500 no more than $5,000, as provided by ORS 561.990. In addition, violators may be subject to civil penalties of up to $10,000 as provided by ORS 561.995. Any seed lots found to contain R. toxicus must be treated, destroyed or returned to their point of origin at the owner’s expense without expense or indemnity paid by the state.

(9) Review of quarantine: The Department and other interested parties shall review the quarantine requirements biennially for accuracy and effectiveness.

History

Statutory/Other Authority: ORS 561.190, 561.510–561.540 & 561.990–561.995
Statutes/Other Implemented: ORS 561.510–561.540
DOA 1-2014, f. & cert. ef. 1-15-14

Or. Admin. R. 603-052-1245 Blueberry Nursery Stock Control Area

(1) A Control area is established as authorized under ORS 570.405 to 570.435 to protect Oregon's blueberry fruit industry from the introduction of blueberry scorch virus. Blueberry scorch virus is an aphid-borne plant disease that causes necrosis of leaves and flowers in blueberry leading to a decline in productivity. Blueberry scorch virus does occur in the Pacific Northwest but does not cause symptoms on the commonly grown varieties. However, a more virulent strain of blueberry scorch virus occurs in other areas that would have a severe impact on Oregon's blueberry industry if it were introduced into Oregon. The strains of blueberry scorch virus cannot be readily distinguished by standard laboratory testing methods.

(2) This control area includes the entire state of Oregon.

(3) The following definitions apply to ORS 603-052-1245:

(a) "Host plant" means plants and plant parts of Vaccinium corymbosum, Vaccinium macrocarpon, V.membranaceum, and Sambucus nigra are symptomless carriers of blueberry scorch virus and are also considered host plants.

(b) "Pest Free Area" means an area where blueberry scorch virus does not occur as demonstrated by scientific evidence and in which, where appropriate, this condition is being officially maintained.

(d) "Micropropagated" means plant propagation using aseptic laboratory techniques and an artificial culture medium.

(4) To prevent the introduction of blueberry scorch virus, plants and plant parts of Vaccinium corymbosum and any other host plants of blueberry scorch virus that are imported, planted, sold, or offered for sale within the control area must meet at least one of the following conditions. A phytosanitary certificate with an additional declaration corresponding to one of the options below is required.

(a) The host plants must originate from a pest free area.

(b) The host plants are certified in accordance with the regulations of an official certification program in the state or province of origin that includes testing and inspection for blueberry viruses and is approved by the director.

(c) The host plants are free of blueberry scorch virus based on an official laboratory test using a protocol approved by the director.

(d) The host plants are micropropagated and/or grown in an insect-proof greenhouse or screenhouse and originate from mother plants that have been tested and found free of blueberry scorch virus.

(e) Blueberry fruit must be free of leaf tissue and other plant debris before being imported into the control area. Notification and phytosanitary certificates are not required for shipments of blueberry fruit.

(f) The ODA will operate official testing and certification programs on a cost-recovery basis. Fees charged by the Department are payable on or before December 31 of each year, and are for the sole purpose of defraying expenses incurred by the Department in conducting official testing procedures provided for in this control area order. Payment thereof shall not be construed as granting any right or privilege to the program participant.

(7) Review of this Control area: The necessity for this quarantine and its effectiveness will be reviewed by the department and other interested parties annually.

History

Statutory/Other Authority: ORS 570.405
Statutes/Other Implemented: ORS 561.510
DOA 10-2026, minor correction filed 01/29/2026, effective 01/29/2026
DOA 5-2014, f. & cert. ef. 4-29-14
DOA 15-2006, f. & cert. ef. 7-13-06
DOA 8-2002, f. & cert. ef. 2-1-02

Or. Admin. R. 603-052-1300 Purpose and General Information

(1) The purpose of these rules is to protect Oregon’s agriculture, economy, biodiversity, natural resources, and native species from harmful plant pests (ORS 570.205). These rules further this goal by regulating human activities associated with plant pests capable of causing significant economic damage in this state or capable of having a significant adverse effect on the environmental quality of Oregon.

History

Statutory/Other Authority: 570.210 & 570.215
Statutes/Other Implemented: ORS 570.215
DOA 19-2011, f. & cert. ef. 10-13-11

Or. Admin. R. 603-052-1310 Definitions

As used in these rules, unless the context or a specially applicable definition requires otherwise:

(1) “Approved species” means an invertebrate species that is not a plant pest that the Department has placed on the approved list.

(2) “Department” or “ODA” means the Oregon Department of Agriculture.

(3) “Import or importation” means to bring or cause live invertebrates to be transported into Oregon by any means.

(4) "Invertebrate" means an animal without a backbone.

(5) "Plant pest" is defined in ORS 570.205.

(6) "Species" means a unit of classification of animals, which are capable of interbreeding and producing fertile offspring.

(7) “Wildlife” means animals covered by Oregon Department of Fish and Wildlife rules, ORS 496.004 and OAR 635-045-002.

History

Statutory/Other Authority: 570.210 & 570.215
Statutes/Other Implemented: ORS 570.215
DOA 19-2011, f. & cert. ef. 10-13-11

Or. Admin. R. 603-052-1320 Approved Species (Non-Regulated)

(1) Invertebrate species listed as approved may be imported, possessed, sold, purchased, exchanged, transported, or released in Oregon without a permit from the Department. This applies only to stock collected within the continental United States. Species marked with an asterisk (*) have additional restrictions as noted below the sections in which they appear.

(2) A permit for the importation, possession, or intrastate transportation of some ODA-approved species may be required by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine: (https://www.aphis.usda.gov/organism-soil-imports).

(3) Live invertebrates not on the list of approved invertebrates in any life stage may not be imported, possessed, sold, purchased, exchanged, transported, or released in the state unless a permit is first obtained from the Department.

(4) These rules apply to all life stages, but do not apply to dead specimens.

(5) These rules do not apply to marine or aquatic invertebrates.

(6) Placement on this list does not constitute an endorsement by the Department of the efficacy of listed biological control agents, suitability of listed invertebrates as pets, or anything else except that trade in listed species does not pose a plant pest risk in Oregon.

(7) The following is a list of approved invertebrates that may be imported, possessed, sold, purchased, exchanged, transported, or released in Oregon. This list provides the common name, scientific name, and common use.

(a) Earthworms (Annelida).

(A) Grey worm, Aporrectodea caliginosa (bait, pet food).

(B) Compost earthworm, Eisenia fetida, E. veneta (composter, pet food, bait).

(D) Red worm, Lumbricus rubella (composter, pet food, bait).

(E) European earthworm, Lumbricus terrestris (composter, pet food, bait).

(F) Earthworm, Lumbricus variegatus (composter, pet food, bait).

(G) No common name, Stylaria spp. (education, research).

(b) Nematodes

(A) Insect predator nematodes, Heterorhabditis bacteriaphora (insect biocontrol agent).

(B) Insect predator nematodes, Steinernema carpocapse, S. feltiae (insect biocontrol agent).

(A) Pillbug, Armadillidium klugii (education, pet).

(B) Pillbug, Armadillidium maculatum, A. vulgare (education, pet).

(D) Land hermit crab, Coenobita clypeatus (pet).

(E) Little sea pillbug, Cubaris murina (pet).

(F) Sowbug, Oniscus spp. (education).

(G) Common striped woodlouse, Philoscia muscorum (pet).

(H) Rough woodlouse, Porcellio scaber (pet).

(I) Woodlouse, Porcellio spinicornis, Porcellionides pruinosus (pet).

(J) Sowbug, Rhyscotus texensis (pet).

(K) Dwarf white isopods, Trichorhina tomentosa (pet).

(L) Pillbug, Venezillo parvus (pet).

(M) For other Crustacea defined as wildlife (shellfish), e.g. shrimp, crabs, crayfish, see Department of Fish and Wildlife rules: ORS 506.011 and OAR 635-056-0050.

(d) Centipedes (Chilopoda)

(A) Centipede, Scolopendra alternans (education, pet).

(B) Common desert centipede, Scolopendra polymorpha (education, pet).

(e) Millipedes (Diplopoda)

(A) Yellow banded millipede, Anadenobolus monilicomis (education, pet).

(B) Giant fire millipede, Aphistogoniulus coralipes (education, pet).

(D) Ivory millipede, Chicobolus spinigerus (education, pet).

(E) Red legged milliped, Epibolus pulcripes (education, pet).

(F) Giant African black millipede, Lophostreptus (=Scaphiostreptus) rutilans (education, pet).

(G) Millipede, Mardonius parilis (education, pet).

(H) Smokey oak millipede, Narceus gordanus (education, pet).

(I) Desert millipede, Scaphistreptus ornatus, S. texicolens (pet).

(J) Millipede, Spirobolus spp. (education).

(K) Millipede, Spiropoeus fischeri (education, pet).

(L) Giant millipede, Thyrophygus spp. (education, pet).

(M) Rusty millipede, Trigoniulus corallinus (education, pet).

(f) Mites (Acari)

(A) Flour mite, Acaris siro (predator mite food).

(B) Whitetop mite, Aceria drabae (weed biocontrol agent).

(D) Tulip bulb mite, Aceria tulipae (research).

(E) Predatory mite, Amblydromalus limonicus (arthropod biocontrol agent).

(F) Predatory mite, Amblyseius andersoni (arthropod biocontrol agent).

(G) Predatory mite, Amblyseius barkeri (arthropod biocontrol agent).

(H) Predatory mite, Amblyseius brassicae (arthropod biocontrol agent).

(I) Predatory mite, Amblyseius cucumeris (arthropod biocontrol agent).

(J) Predatory mite, Amblyseius degenerens (arthropod biocontrol agent).

(K) Spider mite predator, Amblyseius hibisci (mite biocontrol agent).

(L) Spider mite predator, Amblyseius mckenziei (arthropod biocontrol agent).

(M) Predatory mite, Amblyseius swirskii (arthropod biocontrol agent).

(N) Dried fruit mite, Carpoglyphus lactis (predator mite food).

(O) Rush skeletonweed gall mite, Eriophyes chondrillae (weed biocontrol agent).

(P) Spider mite predator, Galendromus occidentalis (mite biocontrol agent).

(Q) Dust mite, Lepidoglyphus destructor (predator mite food).

(R) Spider mite predator, Mesoseiulus longipes (mite biocontrol agent).

(S) Spider mite predator, Neoseiulus californicus (mite biocontrol agent).

(T) Spider mite predator, Neoseiulus fallacis (mite biocontrol agent).

(U) Cyclamen mite, Phytonemus pallidus (research).

(V) Spider mite predator, Phytoseiulus persimilis (mite biocontrol agent).

(W) Fungus gnat larval predator, Stratiolaelaps aculeifer, S. miles, S. scimitus (insect biocontrol agent).

(X) Gorse spider mite, Tetranychus lintearius (weed biocontrol agent).

(Y) Two-spotted spider mite, Tetranychus urticae (research).

(Z) Mold mite, Tyrophagus putrescentiae (predator mite food).

(g) Spiders (Araneae)

(A) Tarantulas, Family Theraphosidae (education, pet).

(B) Cellar spider, Pholcus phalangioides (education).

(D) Orb weaver spider, (Family Araneidae) (education)*.

(h) Scorpions and non-spider arachnids

(A) Florida tailless whipscorpion, Acanthoscurria geniculata (pet).

(B) Fat-tailed scorpion, Androctonus australis (education, pet).

(D) Mafia scorpion, Anuroctonus phaiodactylus (education, pet).

(E) Giant amblypygid, Damon diadema (education, pet).

(F) Flat rock scorpion, Hadogenes paucidens (education, pet).

(G) Flat rock scorpion, Hadogenes troglodytes (education, pet).

(H) Giant desert hairy scorpion, Hadrurus arizonensis (education, pet).

(I) Asian blue forest scorpion, Heterometrus cyaneus (education, pet).

(J) Deathstalker, Leirus quinquestriatus (education, pet).

(K) Giant vinegarroon, Mastigoproctus giganteus (education, pet).

(L) Tansanian red-clawed scorpion, Pandinoides cavimanus (education, pet).

(M) Red claw scorpion, Pandinus cavimanus (education, pet).

(N) Emperor scorpion, Pandinus imperator (education, pet).

(O) Tailless whip-scorpion, Phrynus marginemaculatus (education, pet).

(P) Deathstalker, Tityus serrulatus (education, pet).

(i) Springtails (Collembola)

(A) Springtail, Folsomia candida (pet)

(B) Springtail, Sinella curviseta (education, pet food).

(j) Roaches (Blattaria)

(A) Flat horned hisser, Aeluropoda insignis (education, pet).

(B) Peppered cockroach, Archimandrita tesselata (education, pet).

(D) Guyana spotted cockroach, Blaptica dubia (education, pet).

(E) Red runner, Blatta lateralis (education, pet).

(F) Oriental cockroach, Blatta orientalis (education, research).

(G) German cockroach, Blattella germanica (education, research).

(H) Cuban burrowing cockroach, Byrosotria fumigata (education, pet).

(I) Emerald cockroach, Corydidarum magnifica (education, pet).

(J) Javanese hissing roach, Elliptorhina javanica (education, pet).

(K) Orange headed cockroach, Eublaberus posticus (education, pet).

(L) Headlamp roach, Eublaberus serranus (education, pet)

(M) Zebra cockroach, Eurcotis decipiens (education, pet).

(N) Palmetto bug, Eurcotis floridiana (education, pet).

(O) Hissing cockroach, Gromphadorhina oblongonata (education, pet).

(P) Madagascar hissing cockroach, Gromphadorhina portentosa (education, pet).

(Q) American cockroach, Periplaneta americana (education, research).

(R) Vibrant hisser, Princisia vanwaerebeki (education, pet).

(S) Question mark cockroach, Therea olegrandjeani (education, pet).

(T) Domino roach, Therea petiveriana (education, outreach).

(k) Isoptera (Termites)

(A) Western subterranean termite, Reticulitermes hesperus (education).

(B) Western dampwood termite, Zootermopsis angusticollis (education).

(l) Stick Insects (Phasmatodea)

(A) Stick insect, Achrioptera manga (education, pet).

(B) Thorny stick insect, Aretaon asperrimus (education, pet).

(D) Thorny devil, Eurycantha calcarata (education, pet).

(E) Giant prickly stick insect, Extatosoma tiaratum (education, pet).

(F) Malaysian stick insect, Heteropteryx dilatata (education, pet).

(G) Guadalupe stick insect, Lamponius guerini (education, pet)

(H) Western short-horn walking stick, Parabacillus hesperus (education, pet)

(I) Walkingstick, Phobaeticus serratipes (education, pet).

(J) Gray’s leaf insect, Phyllium bioculatum (education, pet).

(K) Malaysian giant leaf insect, Phyllium giganteum (education, pet).

(L) Leaf insect, Phyllium philippinicum (education, pet).

(M) Pink winged stick insect, Sipyloidea sipylus (education, pet).

(N) Sunny stick insect, Sungaya inexpectata (education, pet).

(m) Crickets and Grasshoppers (Orthoptera)

(A) House cricket, Acheta domesticus (education, pet food).

(B) Malaysian katydid, Ancylecha fenestrata (education, pet).

(D) Tropical house cricket, Gryllodes sigillatus (education, pet food).

(E) Giant Malayan katydid, Macrolyristes corporalis (education, pet).

(n) Mantids (Mantodea)

(A) Giant dead leaf mantis, Deroplatys dessicata (education, pet).

(B) Dead leaf mantis, Deroplatys lobata (education, pet).

(D) Violin mantis, Gongylus gongylodes (education, pet).

(E) Giant rainforest mantis, Hierodula majuscula (education, pet).

(F) European mantis, Mantis religiosa (education, pet).

(G) Orchid mantis, Hymenopus coronatus (education, pet).

(H) Praying mantis, Parablepharis kuhlii (education, pet).

(I) Budwing mantis, Parasphendale argionina (education, pet).

(J) Ghost mantis, Phyllocrania paradoxa (education, pet).

(K) Praying mantis, Pnigomantis medioconstricta (education, pet).

(L) Peruvian leaf mantis, Pseudoxyops perpulchra (education, pet).

(M) Shield mantis, Rhombodera basalis (education, pet).

(N) California mantis, Stagmomantis californica (education, pet).

(O) Bordered mantis, Stagmomantis limbata (education, pet).

(P) Panther mantis, Tarachodula pantherina (education, pet).

(Q) Chinese mantis, Tenodera aridifolia sinensis (education, insect biocontrol agent).

(o) True Bugs (Hemiptera)

(A) Green stink bug, Acrosternum hilare (research).

(B) Minute pirate bug, Anthocoris nemoralis (insect biocontrol agent).

(D) Man-faced stink bug, Catacanthus incarnatus (education, pet).

(E) Western tarnished plant bug, Lygus hesperus (education).

(F) Tarnished plant bug, Lygus lineolaris (education).

(G) Large milkweed bug, Oncopeltus fasciatus (education).

(H) Insidious flower bug, Orius insidiosus (insect biocontrol agent).

(I) Minute pirate bug, Orius tristicolor (insect biocontrol agent).

(p) Plant Lice, Mealybugs, Scales, and Whiteflies (Sternorrhyncha)

(A) Bluegreen aphid, Acyrthosiphon kondoi (research).

(B) Pea aphid, Acyrthosiphon pisum (research).

(D) Cowpea aphid, Aphis craccivora (research).

(E) Bean aphid, Aphis fabae (research).

(F) Melon or cotton aphid, Aphis gossypii (research).

(G) Corn root aphid, Aphis maidiradicis (research).

(H) Oleander aphid, Aphis nerii (research).

(I) Rose scale, Aulacaspis rosae (research).

(J) Foxglove aphid, Aulacorthum solani (research).

(K) Cabbage aphid, Brevicoryne brassicae (research).

(L) Artichoke aphid, Capitophorus elaeagni (research).

(M) Carrot aphid, Cavariella aegopodii (research).

(N) Wooly apple aphid, Eriosoma lanigerum (research).

(O) Boat gall aphid, Hayhurstia atriplicis (research).

(P) Oystershell scale, Lepidosaphes ulmi (research).

(Q) Turnip aphid, Lipaphis pseudobrassicae (research).

(R) Potato aphid, Macrosiphum euphorbiae (research).

(S) Rose aphid, Macrosiphum rosae (research).

(T) Green peach aphid, Myzus persicae (research).

(U) European fruit lecanium, Parthenolecanium corni (research).

(V) Longtailed mealybug, Pseudococcus longispinus (research).

(W) European fruit scale, Quadraspidiotus ostreaeformis (research).

(X) Bird cherry oat aphid, Rhopalosiphum padi (research).

(Y) Greenbug, Schizaphis graminum (research).

(Z) English grain aphid, Sitobion avanae (research).

(AA) Spotted alfalfa aphid, Therioaphis trifolii (research).

(BB) Banded-wing whitefly, Trialeurodes abutilioneus (research).

(CC) Greenhouse whitefly, Trialeurodes vaporariorum (research).

(q) Thrips (Thysanoptera)

(A) Tobacco thrips, Frankliniella fusca (research).

(B) Western flower thrips, Frankliniella occidentalis (research).

(D) Predatory six-spotted thrips, Scolothrips sexmaculatus (mite biocontrol agent)*.

(E) Gladiolus thrips, Thrips simplex (research).

(F) Onion thrips, Thrips tabaci (research).

(r) Lacewings (Neuroptera)

(A) Common green lacewing, Chrysopa carnea (insect biocontrol agent).

(B) Green lacewing, Chrysopa rufilabris (insect biocontrol agent).

(s) Beetles (Coleoptera)

(A) Two-spot ladybird, Adalia bipunctata (insect biocontrol agent).

(B) St. Johnswort borer, Agrilus hyperici (weed biocontrol agent).

(D) Brown dot leafy spurge flea beetle, Apthona cyparissiae (weed biocontrol agent).

(E) Black dot leafy spurge flea beetle, Apthona czwalinae (weed biocontrol agent).

(F) Copper or amber leafy spurge flea beetle, Apthona flava (weed biocontrol agent).

(G) Brown-legged leafy spurge flea beetle, Apthona lacertosa (weed biocontrol agent).

(H) Black dot leafy spurge flea beetle, Apthona nigriscutis (weed biocontrol agent).

(I) Blue death feigning beetle, Asbolus verrucosus (pet).

(J) Rove beetle, Atheta coriaria (biocontrol).

(K) Broad-nosed seed head weevil, Bangasternus fausti (weed biocontrol agent).

(L) Yellow star thistle bud weevil, Bangasternus orientalis (weed biocontrol agent).

(M) Scotch broom bruchid, Bruchidius villosus (weed biocontrol agent).

(N) Pea weevil, Bruchus pisorum (education, research).

(O) Pine ladybeetle, Brumus quadripustulatus (insect biocontrol agent).

(P) Cowpea weevil, Callosobruchus maculatus (education, research).

(Q) Histerid beetle, Carcinops pumilio (insect biocontrol agent).

(R) Corn sap beetle, Carpophilus dimidiatus (education, research).

(S) Dried fruit beetle, Carpophilus hemipterus (education, research).

(T) Yellow starthistle root-crown weevil, Ceratapion basicorne (weed biocontrol agent).

(U) Canada thistle stem weevil, Ceutorhynchus litura (weed biocontrol agent).

(V) Atlas beetle, Chalcosoma atlas (education, pet).

(W) Scarab beetle, Cheirotonus parryi (education, pet).

(X) Klamathweed beetle, Chrysolina hyperici (weed biocontrol agent).

(Y) Klamathweed beetle, Chrysolina quadrigemina (weed biocontrol agent).

(Z) Mealybug destroyer, Crytolaemus montrouzieri (insect biocontrol agent).

(AA) Figeater beetle, Cotinis mutabilis (education, pet).

(BB) Metallic stag beetle, Cyclommatus metallifer (education, pet).

(CC) Knapweed root weevil, Cyphlocleonus achates (weed biocontrol agent).

(DD) Greenhouse rove beetle, Dalotia coriaria (biocontrol agent).

(EE) Whitefly predator, Delphastes catalinae (biocontrol agent).

(FF) Dermestid beetles, Dermestes spp. (education, museum specimen preparation).

(GG) Western Hercules beetle, Dynastes grantii (education, pet).

(HH) Tree of heaven weevil, Eucryptorrhynchus brandti (weed biocontrol agent).

(II) Yellow star thistle hairy weevil, Eustenopus villosus (weed biocontrol agent).

(JJ) Scotch broom seed weevil, Exapion fuscirostre (weed biocontrol agent).

(KK) Gorse seed weevil, Exapion ulicis (weed biocontrol agent).

(LL) Black-margined loosestrife beetle, Galerucella calmariensis (weed biocontrol agent).

(MM) Golden loosestrife beetle, Galerucella pusilla (weed biocontrol agent).

(NN) Toadflax seed capsule weevil, Gymnetron antirrhini (weed biocontrol agent).

(OO) Multicolored Asian ladybeetle, Harmonia axyridis (education, research).

(PP) Canada thistle stem weevil, Hadroplontus litura (weed biocontrol agent).

(QQ) Deerhorn stag beetle, Hexarthrius parryi (education, pet).

(RR) Convergent ladybeetle, Hippodamia convergens (insect biocontrol agent).

(SS) Loosestrife root weevil, Hylobius transversovittatus (weed biocontrol agent).

(TT) Yellow star thistle flower weevil, Larinus curtus (weed biocontrol agent).

(UU) Lesser knapweed flower weevil, Larinus minutus (weed biocontrol agent).

(VV) Blunt knapweed flower weevil, Larinus obtusus (weed biocontrol agent).

(WW) Cigarette beetle, Lasioderma serricorne (education, research).

(XX) Tansy ragwort flea beetle, Longitarsus jacobaeae (weed biocontrol agent).

(YY) Giant palm weevil, Macrochirus praetor (education, pet).

(ZZ) Toadflax stem weevil, Mecinus janthinus (weed biocontrol agent).

(AAA) Giant African fruit beetle, Mecynorhina polyphemus (education, pet).

(BBB) Scarab beetle, Mecynorhina torquata (education, pet).

(CCC) Giant flower beetle, Mecynorhina ugandensis (education, pet).

(DDD) Puncturevine seed weevil, Microlarinus lareynii (weed biocontrol agent).

(EEE) Puncturevine stem weevil, Microlarinus lypriformis (weed biocontrol agent).

(FFF) Loosestrife seed weevil, Nanophyes marmoratus (weed biocontrol agent).

(GGG) Red-necked leafy spurge stem borer, Oberea erythrocephala (weed biocontrol agent).

(HHH) Giant yellow stag beetle, Odontolabis femoralis (education, pet).

(III) Bess beetle, Odontotaenius disjunctus (education).

(JJJ) Merchant grain beetle, Orzaephilus mercator (education).

(KKK) Sawtoothed grain beetle, Orzaephilus surinamensis (education).

(LLL) Sun beetle, Pachnoda marginota (education, pet).

(MMM) Ground beetle, Pasimachus viridans (education, pet).

(NNN) Rainbow stag beetle, Phalacrognathus muelleri (education, pet).

(OOO) Mediterranean sage root weevil, Phrydiuchus tau (weed biocontrol agent).

(PPP) Red stag beetle, Prosopocoilus astacoides (education, pet).

(QQQ) Yellow toadflax shoot-galling weevil, Rhinusa pilosa (weed biocontrol agent).

(RRR) Lesser grain borer, Rhyzopertha dominica (education).

(SSS) Frog-legged leaf beetle, Sagra femorata (education, pet).

(TTT) Spider mite destroyer, Stethorus punctillum (biocontrol).

(UUU) Granary weevil, Sitophilus granaria (education).

(VVV) Granary weevil, Sitophilus oryzae (education).

(WWW) Bronze knapweed root borer, Sphenoptera jugoslavica (weed biocontrol agent).

(XXX) Drugstore beetle, Stegobium paniceum (education).

(YYY) Yellow mealworm, Tenebrio molitor (education, pet food).

(ZZZ) Yellow mealworm, Tenebrio obscurus (education, pet food).

(AAAA) Cadelle, Tenebroides mauritanicus (education).

(BBBB) Red flour beetle, Tribolium castaneum (education, research).

(CCCC) Confused flour beetle, Tribolium confusum (education, research).

(DDDD) Rhinocerus beetle, Xylotrupes gideon (education, pets).

(EEEE) Giant mealworm, Zophobas morio (education, pet food).

(t) Butterflies and Moths (Lepidoptera).

(A) Lesser wax moth, Achroia grisella (pet food).

(B) Sulfur knapweed moth, Agapeta zoegana (weed biocontrol agent).

(D) St. Johnswort moth, Aplocera plagiata (weed biocontrol agent).

(E) Silkworm, Bombyx mori (education, research).

(F) Almond moth, Cadra cautella (research).

(G) Raisin moth, Cadra figulilella (research).

(H) Toadflax moth, Calophasia lunula (weed biocontrol agent).

(I) Butterworm, Chilecomadia moorei (pet food), USDA permit and irradiation required.

(J) Russian thistle or tumbleweed casebearer, Coleophora klimeschiella (weed, biocontrol agent).

(K) Russian thistle stem-mining moth or tumbleweed stem moth, Coleophora parthenica (weed biocontrol agent).

(L) Orange sulfur or alfalfa caterpillar, Colias eurytheme (education, releases).

(M) Mexican jumping bean, Cydia deshaisiana (education, pet).

(N) Mediterranean meal moth, Ephestia kuehniella (education).

(O) Saltmarsh caterpillar, Estigmene acrea (education)*.

(P) Greater wax moth, Galleria mellonella (education, pet food, research).

(Q) Corn earworm/cotton bollworm/tomato fruitworm, Helicoverpa zea (research).

(R) Tobacco budworm, Heliothis virescens (research).

(S) Brown house moth, Hofmannophila pseudospretella (research).

(T) Ceanothus silk moth, Hylaphora euryalus (education, release)*.

(U) Whitelined sphinx moth, Hyles lineata (education).

(V) Scotch broom twig miner, Leucoptera spartifoliella (weed biocontrol agent).

(W) Tomato hornworm, Manduca quinquemaculata (education, research).

(X) Tomato hornworm, Manduca sexta (education, research).

(Y) Spotted knapweed seedhead moth, Metzneria paucipunctella (weed biocontrol agent).

(Z) Mourning cloak, Nymphalis antiopa (education, release).

(AA) Rusty tussock moth, Orgyia antigua (research).

(BB) Western tiger swallowtail butterfly, Papilio rutulus (education, release).

(CC) Anise swallowtail butterfly, Papilio zelicaon (education, release).

(DD) Cabbage white or imported cabbageworm, Pieris rapae (education).

(EE) Indian meal moth, Plodia interpunctella (education, pet food, research).

(FF) Meal moth, Pyralis farinalis (education, pet food, research).

(GG) Wooly bear, Pyrrarctia isabella (education)*.

(HH) Beet Armyworm, Spodoptera exigua (research).

(II) Cabbage looper, Trichoplusia ni (research).

(JJ) Cinnabar moth, Tyria jacobaeae (weed biocontrol agent).

(KK) Red admiral, Vanessa atalanta (education, release).

(LL) Painted ladies, Vanessa cardui, V. virginiensis (education, release).

(u) Flies (Diptera)

(A) Aphid predator midge, Aphidoletes aphidimyza (insect biocontrol agent).

(B) Russian knapweed gall wasp, Aulacidea acroptilonica (weed biocontrol agent).

(D) Darkwinged fungus gnats, Bradysia spp. (research).

(E) Blow and bottle flies, Calliphora spp. (education).

(F) Knapweed peacock fly, Chaetorellia acrolophi (weed biocontrol agent).

(G) Yellow star thistle peacock fly, Chaetorellia australis (weed biocontrol agent).

(H) Mosquito, Culex spp. (education, research).

(I) Rush skeletonweed gall midge, Cystiphora schmidti (weed biocontrol agent).

(J) Seedcorn maggot, Delia platura (research).

(K) Vinegar fly, Drosophila melanogaster (education, pet food, research).

(L) Vinegar fly, Drosophila mohavensis (education, research).

(M) Vinegar fly, Drosophila hydei (education, research).

(N) Vinegar fly, Drosophila virilis (education, research).

(O) European hover fly, Eristalis tenax (bait).

(P) Black soldier fly, Hermetia illucens (composter).

(Q) Russian knapweed gall midge, Jaapiella ivannikovi (weed biocontrol agent).

(R) Serpentine leafminer, Liriomyza brassicae (research).

(S) Grey flesh fly, Sarcophaga bullata (education, research).

(T) Green clearwing fly, Terellia virens (seed biocontrol agent).

(U) Banded gall fly, Urophora affinis (seed biocontrol agent).

(V) Canada thistle stem gall fly, Urophora cardui (weed biocontrol agent).

(W) UV knapweed seed head fly, Urophora quadrifasciata (weed biocontrol agent).

(X) Yellow star thistle gall fly, Urophora sirunaseva (weed biocontrol agent).

(Y) Bull thistle seed head gall fly, Urophora stylata (weed biocontrol agent).

(v) Ants, Bees, and Wasps (Hymenoptera)

(A) Ant, Acromyrmex octospinosus (education, pet).

(B) Ant, Acromyrmex versicolor (education, pet).

(D) Ant, Aphaenogaster megommata, A. occidentalis (education, pet).

(E) Aphid parasitoid, Aphidius aphidimyza (insect biocontrol agent).

(F) Aphid parasitoid, Aphidius colemani (insect biocontrol agent).

(G) Aphid parasitoid, Aphidius ervi (insect biocontrol agent).

(H) Aphid parasitoid, Aphidius matricariae (Insect biocontrol agent).

(I) Italian honeybee, Apis mellifera ligustica (pollinator).

(J) European honeybee, Apis mellifera mellifera (pollinator).

(K) Leafcutter ants, Atta cephalotes, A. texana (education, research).

(L) Bumblebees native to Oregon, e.g. Bombus vosnesenskii, B. appositus, B. bifarius, B. californicus, B. griseocolis, B. melanopygus, B. mixtus, B. nevadensis, B. stickiness (pollinators)**.

(M) Ant, Brachymyrmex depilis (education, pet).

(N) Egg and larval parasitoid of stored product pests, Bracon hebeter (insect biocontrol agent).

(O) Carpenter ant, Camponotus essigi, C. herculeanus, C. hyatti, C. laevigatus, C. laevissimus, C. maccooki, C. modoc, C. nearcticus, C. novaboracensis, C. sansabeanus, C. sayi, C. semitestaceus, C. vicinus (education, pet).

(P) Ant, Cephalotes atratus (education, pet).

(Q) Egg and larval parasitoid of stored product pests, Cotesia plutellae (insect biocontrol agent).

(R) Ant, Crematogaster coarctata (education, pet).

(S) Whitefly parasitoid, Encarsia formosa (insect biocontrol agent).

(T) Whitefly parasitoid, Eretmocerus californicus and E. eremicus (insect biocontrol agent).

(U) Ant, Forelius mccooki, F. pruinosus, Formica accreta, F. aerata, F. altipetens, F. argentea, F. integroides, F. moki, F. neoclara, F. neogagates, F. neurofibarbis, F. obscures, F. obscuriventris, F. occulta, F. pacifica, F. podzolica, F. sibylla, F. subaenescens, F. sebelongata, F. subpolita, F. xerophila, Lasius americanus, L. aphidicola, L. brevicornis, L. latipes, L. neoniger, Liometopum luctuosum, L. occidentale (education, pet).

(V) Drosophila parasitoid, Ganaspis kimorum, Leptopilina japonica (insect biocontrol agent).

(W) Aphid parasitoid, Lysiphlebus testaceipes (insect biocontrol agent).

(X) Manic ants, Manica bradleyi, M. hunteri, M. invidia (education, pet).

(Y) Leafcutter bee, Megachile inermis, M. pugnata (pollinator)**.

(Z) Alfalfa leafcutter bee, Megachile rotundata (pollinator)**.

(AA) Caterpillar parasitoid, Microplitis croceipes (insect biocontrol agent).

(BB) Filth fly parasitoid, Muscidifurax zaraptor (insect biocontrol agent).

(CC) Honeypot ants, Myrmeococystus kennedyi, M. mimicus, M. pyramicus, M., semirufus, M testaceus (education, pet).

(DD) Filth fly parasitoid, Nasonia vitripennis (insect biocontrol agent).

(EE) Alkali bee, Nomia melanderi (pollinator)**.

(FF) Ant, Novomessor cockerelli (education, pet).

(GG) Weaver ants, Oecophylla smaragdina (education, pet).

(HH) Emerald ash borer egg parasitoid, Oobius agrili (insect biocontrol agent).

(II) Blue orchard or mason bee, Osmia aglaia (pollinator)**.

(JJ) Blue orchard or mason bee, Osmia californica (pollinator)**.

(KK) Blue orchard or mason bee, Osmia coloradensis (pollinator)**

(LL) Blue orchard or mason bee, Osmia lignaria propinqua (pollinator)**.

(MM) Blue orchard or mason bee, Osmia montana (pollinator)**.

(NN) Blue orchard or mason bee, Osmia ribifloris (pollinator)**.

(OO) Blue orchard or mason bee, Osmia texana (pollinator)**.

(PP) Bullet ant, Paraponera clavata (education, pet).

(QQ) California big-headed ant, Pheidole californica (education, pet).

(RR) Harvester ant, Pogonomyrmex owyheei (education).

(SS) Harvester ant, Pogonomyrmex salinus (education).

(TT) Winter ant, Prenolepis imparis (education, pet).

(UU) Ant, Pseudomyrmex ferruginea (education, pet).

(VV) Thief ant, Solenopsis molesta (education, pet).

(WW) Filth fly parasitoid, Spalangia cameroni (insect biocontrol agent).

(XX) Filth fly parasitoid, Spalangia endius (insect biocontrol agent).

(YY) Emerald ash borer larval parasitoid, Spathius agrili, S. galinae (insect biocontrol agent).

(ZZ) Ant, Temnothorax rugatulus (education, pet).

(AAA) Pavement ant, Tetramorium immigrans (education, pet).

(BBB) Emerald ash borer larval parasitoid, Tetrastichus planipennisi (insect biocontrol agent).

(CCC) Parasitoid of Lepidoptera eggs, Trichogramma minutum (insect biocontrol agent).

(DDD) Parasitoid of Lepidoptera eggs, Trichogramma pretiosum (insect biocontrol agent).

(EEE) Parasitoid of Lepidoptera eggs, Trichogramma platneri (insect biocontrol agent).

(FFF) Aphid parasitoid, Trioxys pallidus (insect biocontrol agent).

(GGG) Harvester ant, Veromessor andrei (education, pet).

History

Statutory/Other Authority: 570.210 & ORS 570.215
Statutes/Other Implemented: ORS 570.215
DOA 2-2026, amend filed 01/22/2026, effective 01/22/2026
DOA 2-2014, f. & cert. ef. 2-14-14
DOA 3-2013, f. & cert. ef. 3-1-13
DOA 19-2011, f. & cert. ef. 10-13-11

Or. Admin. R. 603-052-1330 Changes to List of Approved Invertebrates

(1) Interested persons may petition the Department to make changes or additions to the list of approved invertebrates by following the procedures in the Administrative Procedures Act, ORS 183.390.

(a) The agency must either deny the petition or initiate rulemaking within 90 days of receiving the petition. In deciding whether to grant or deny a petition the Department may request additional information from the petitioner necessary for completing a determination of whether the invertebrate is capable of having a significant adverse effect on the environmental quality of this state or causing significant level of economic damage in Oregon.

(b) The Department may deny a petition if information provided by the petitioner is insufficient to allow the Department to make a science-based assessment of whether an invertebrate poses a significant risk of adverse effect to the environmental quality of this state or a significant level of economic damage in Oregon.

History

Statutory/Other Authority: 570.210 & 570.215
Statutes/Other Implemented: ORS 570.215
DOA 19-2011, f. & cert. ef. 10-13-11

Or. Admin. R. 603-052-1340 Permits

(1) The Department may issue a permit allowing the possession or movement of a plant pest within this state only if the Department determines that the proposed possession or movement will not create a hazard to agricultural, forest or horticultural interests within the state or to the environmental quality of the state or upon conditions the Department may specify in any permit.

(2) Person requesting a permit shall petition the Department in writing and include any additional information the Department determines is necessary for review of such application.

(3) The Director of the Department of Agriculture retains the final authority to approve or deny special permit requests. Any action under a permit obtained from the Department shall be subject to any conditions or restrictions set forth in the permit. Permit conditions and restrictions may vary depending on the proposed action and its potential risk as determined by the Department.

(4) Any permit holder who does not comply with the conditions of a permit issued by the Department may be deemed in violation of ORS 570.205 and 570.215 and these rules.

History

Statutory/Other Authority: 570.210 & 570.215
Statutes/Other Implemented: ORS 570.215
DOA 19-2011, f. & cert. ef. 10-13-11

Or. Admin. R. 603-052-1350 Premises and Permit Accessible to Department Officials

Department officials shall have access to the premises where the invertebrates are housed and to the permit during normal business hours. The permit holder must keep a copy of the permit until it expires, the invertebrates are no longer alive, or for one year after release if release is allowable under the permit.

History

Statutory/Other Authority: 570.210 & 570.215
Statutes/Other Implemented: ORS 570.215
DOA 19-2011, f. & cert. ef. 10-13-11

Or. Admin. R. 603-052-1360 Violations

(1) A plant pest, other than a plant pest possessed or moved in compliance with these rules is a public nuisance.

(2) The Department may abate a public nuisance as described in ORS 570.105–570.190 including the summary processes described in 570.170 and 570.180.

(3) Any and all invertebrates possessed or moved in violation of these rules must be returned immediately to the point of origin by the Oregon receiver. The owner or person possessing or moving invertebrates in violation of these rules shall return such invertebrates to the point of origin under the direction of the Department and at the expense of the possessor, owner, or agent of the owner.

(4) If the owner or person possessing or moving invertebrates in violation of these rules fails to ship such invertebrates to the point of origin, or at the discretion of the Department, such invertebrates may be treated or destroyed under supervision of the Department at the expense of the possessor, owner, or agent of the owner.

(5) As provided in ORS 570.225(3), the Department is not required to compensate a person for any loss incurred by the possessor, owner, or agent of the owner under these rules.

History

Statutory/Other Authority: 570.210 & 570.215
Statutes/Other Implemented: ORS 570.215
DOA 19-2011, f. & cert. ef. 10-13-11

Or. Admin. R. 603-052-1370 Civil Penalties

(1) In addition to any applicable fine or other penalty, the Department may impose a civil penalty not to exceed $10,000 if a person violates these rules or the conditions of a permit obtained from the Department pursuant to OAR 603-052-1340 above. See OAR 603-054-0070 for the civil penalty matrix.

History

Statutory/Other Authority: 570.210 & 570.215
Statutes/Other Implemented: ORS 570.215
DOA 19-2011, f. & cert. ef. 10-13-11

Or. Admin. R. 603-052-1380 Invasive Species Council: Voting process, responsibilities and duties for Chair and Co-Chair

(1) Each calendar year, the Invasive Species Council members shall convene a quorum and by a majority, vote to select a voting member of the council to serve as the Chairperson and another voting member to serve as the Vice Chairperson of the Oregon Invasive Species Council.

(a) The term of office of each elected officer shall be for one calendar year with the term beginning January 1 of each year.

(b) Before the expiration of a term, the voting members shall elect, by a majority of a quorum, successors to the Chairperson and the Vice Chairperson whose term begins on January 1 the following year.

(d) If, for any reason, the position of Chairperson or Vice Chairperson becomes vacant, the voting members of the Council shall elect new officers by a majority of a quorum; the newly filled position will become immediately effective for the remainder of the term of the officer replaced.

(2) The duties and powers of the Chairperson and Vice Chairperson are as follows.

(a) The Chairperson may perform the duties, including but not limited to, selection of committee chairs, development of Council meeting agendas and facilitation of council meetings, oversight of the OISC Coordinator’s work, and guidance of council decision making. The Chairperson will also serve as the liaison to the Governor’s Natural Resource Office and Oregon Department of Agriculture, and represent the views and interests of the Council generally. The Chairperson’s duties also include reporting to the legislative assembly.

(b) The Vice Chairperson may assist the Chairperson and fill in for the Chairperson as necessary. The Vice Chairperson will lead the Governance Committee, serve as the liaison to interested stakeholder groups, and oversee and track committee action items with assistance from the OISC Coordinator.

History

Statutory/Other Authority: ORS 570.755, 570.800, ORS 570.810 & SB 445 (2019)
Statutes/Other Implemented: ORS 570.810 & SB 445 (2019)
DOA 8-2021, adopt filed 03/26/2021, effective 03/26/2021

Or. Admin. R. 603-052-1391 Quarantine: Importation of aquatic nursery stock infested with zebra mussels

(1) Area under quarantine. All states, districts and territories of the United States.

(2) Commodities covered. The aquatic nursery stock Aegagropila linnaei (moss balls), and any other aquatic nursery stock found to be infested with Dreissena polymorpha (zebra mussel).

(3) Prohibitions. Aegagropila linnaei nursery stock or any other aquatic nursery stock found to be infested with Dreissena polymorpha (zebra mussel) are not eligible for sale or shipment into Oregon unless the following conditions are met:

(a) Aegagropila linnaei or any other aquatic nursery stock may be imported to Oregon if accompanied by a certificate of quarantine compliance (CQC) stating that the Aegagropila linnaei nursery stock or any other aquatic nursery stock was “inspected and found free of zebra mussel, Dreissena polymorpha’ ; and

(b) The CQC must be issued by an appropriate regulatory official within seven (7) days of shipment; and

(A) The shipper shall mail or e-mail documents including the CQC to Nursery Program, Plant Division, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301; e-mail: quarantine@oda.oregon.gov. For the purposes of this rule, unless the context requires otherwise, the shipper is the person who sells and ships moss balls into Oregon.

(B) The notification shall list the type and quantity of plants, address of shipper, address of recipient, and contact numbers.

(4) The department may require that shipments be held until inspected and released.

(5) Aegagropila linnaei or any other aquatic nursery stock found to be in violation of this rule shall be destroyed, treated, or transported out-of-state.

(6) Violation of Quarantine. Violation of this quarantine may result in civil penalties of up to $10,000 as provided by ORS 570.995.

History

Statutory/Other Authority: ORS 570.305 & ORS 561.510 - 600
Statutes/Other Implemented: ORS 561.510 - 600, ORS 561.990, ORS 561.995 & ORS 185.335
DOA 28-2021, adopt filed 12/29/2021, effective 12/31/2021

Or. Admin. R. 603-052-1400 Quarantine Against Allium Leafminer

(1) A quarantine will be established against the Allium leafminer, ALM. Areas under quarantine will include any parts of the United States where ALM is known to exist. Allium spp. host material from these areas will be prohibited unless conditions are met that prevent the introduction of ALM into Oregon. Additionally, importers will be required to notify the Department prior to import of Allium spp. host materials from these areas to enable ODA to inspect material entering the state.

(2) Establishing a Quarantine. A quarantine is established against the allium pest, the Allium leafminer, Phytomyza gymnostoma Loew, 1858 (Diptera: Agromyzidae), native to Germany and Poland and found in the United States in Pennsylvania in 2015. The Allium leafminer is one of the most important Allium (garlic, leek, and onion) pests in Europe. The larvae feed on the leaves and can cause the death of small plants and leaves to twist.

(3) Area Under Quarantine: All infested states and territories in the United States.

(4) Articles and Commodities Covered: All plant material from hosts listed below:

(a) Garlic ( Allium sativum )

(b) Onion, green onion, shallots ( Allium cepa and varieties)

(d) Chives ( Allium schoenoprasum )

(e) Ornamental Allium (including A. caeuleum, A. flavum, A. giganteum, A. hollandicum, and A. rosenorum )

(5) Restrictions:

(a) Certification Required. Articles and commodities covered, which are produced in or shipped from the area under quarantine are prohibited entry into the state of Oregon unless each lot or shipment is accompanied by a certificate issued by and bearing the original or facsimile signature of the authorized agricultural official of the state from which the article or commodity is shipped evidencing compliance with subsections (c) and (d) of this section.

(b) Reshipments of commodities grown outside the area under quarantine. Commodities in original unopened containers may be reshipped to this state from any point within an area under quarantine. Containers shall bear labels or other identifying marks, which clearly indicate that commodities originate from outside a quarantined area;

(c) Certification required for Admission of Repacked Commodities Grown Outside of Area Under Quarantine. Provided each lot or shipment is certified by an authorized agricultural official to have been grown outside the area under quarantine and that continued identity has been maintained while within the area under quarantine, the commodities may be repacked and shipped by common carrier from any point within the area under quarantine to this state. The certificate shall set forth the state in which commodities were grown, point of repacking and reshipment, amount and kind of commodities comprising the lot or shipment, and the names and addresses of the shipper and consignee;

(d) Commodities treated with approved insecticides. Commodities treated with approved insecticides may be admitted into Oregon provided treatment is approved by the proper authorities in the state of origin and further provided each lot or shipment of such commodities to Oregon is accompanied by a certificate, as stated in subsection (a) of this section, evidencing compliance with the minimum requirements of this section;

(e) Notification of regulated commodity shipments of Allium spp. host material is required. The Department may require that shipments be held until inspected and released. Notification shall be send via mail, FAX, or e-mail to the Nursery Program, Plant Protection and Conservation Program Area, Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301; FAX 503-986-4564; quarantine@oda.oregon.gov. Recipients shall notify the Department prior to arrival, the following shipment information:

(A) the shipment volume;

(B) shipper’s name and address;

(D) the approximate date of delivery; and

(E) applicable copies of phytosanitary certificates and lab reports.

History

Statutory/Other Authority: ORS 561 & 570.305
Statutes/Other Implemented: 570.305, ORS 561.190, 561.510-561.600, 570.405, 570.410 & 570.415
DOA 8-2026, minor correction filed 01/29/2026, effective 01/29/2026
DOA 19-2021, adopt filed 05/28/2021, effective 07/01/2021

Or. Admin. R. 603-052-3000 Purpose

Cannabis may be lawfully cultivated in Oregon in a carefully controlled manner consistent with the laws of this state. However, cannabis if not carefully cultivated or controlled may lead to cannabis plants becoming quickly established in areas of private or public lands that are not permissible production areas. Volunteer cannabis may become uncontrolled cannabis and may spread rapidly on state, county and federally owned lands, as well as on property in individual ownership and so may constitute a menace to the agricultural and horticultural industries of this state.

History

Statutory/Other Authority: ORS 561.190 & ORS 570.405
Statutes/Other Implemented: ORS 570.405-570.415 & ORS 570.995
DOA 1-2023, adopt filed 01/23/2023, effective 01/23/2023

Or. Admin. R. 603-052-3010 Applicability

(1) The responsibility for the eradication and control of uncontrolled cannabis rests on cannabis producers, individual landowners and operators and any other persons who may be responsible for the establishment or spread of uncontrolled cannabis.

(2) Nothing in these rules exempts any person from complying with any other applicable laws.

History

Statutory/Other Authority: ORS 561.190 & ORS 570.405
Statutes/Other Implemented: ORS 570.405-570.415 & ORS 570.995
DOA 1-2023, adopt filed 01/23/2023, effective 01/23/2023

Or. Admin. R. 603-052-3020 Definitions

(1) “Cannabis” means the whole plant and seeds of the plant genus Cannabis within the plant family Cannabaceae including marijuana and industrial hemp that is growing on any lands within Oregon.

(2) “Cannabis producer” means a person lawfully cultivating cannabis.

(3) “Department” means the Oregon Department of Agriculture.

(4) “Eradicate” or “eradication” means the destruction of uncontrolled cannabis by lawful means.

(5) “Field” means a licensed or registered production area where Cannabis is planted directly into the ground. A field may include one or more contiguous plots of land managed as a single unit. These plots may be separated by an unimproved farm road, ditch, or hedgerow.

(6) “Industrial hemp” means all parts of a growing cannabis plant that contains an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.

(7) “Marijuana” means all parts of a growing cannabis plant that does not include industrial hemp.

(8) “Past occurrence of a violation” means a notice of violation or notice of civil penalties that is final by operation of law, or a stipulated agreement resolving a violation, for the same or a similar type of violation issued within the preceding five years. It includes a notice for the same or a similar type of violation that is the subject of a pending appeal. It does not include a notice that has been withdrawn or successfully appealed.

(9) “Permissible production area” means:

(a) An area where cannabis may be cultivated pursuant to a valid license issued by the Oregon Liquor and Cannabis Commission under ORS 475C.065;

(b) An area where cannabis may be cultivated pursuant to a valid license issued by the Oregon Department of Agriculture under ORS 571.281;

(c) An area where cannabis may be cultivated pursuant to a valid registration issued by the Oregon Health Authority under ORS 475C.792; and

(d) An area where cannabis may be cultivated pursuant to ORS 475C.305 and does not exceed four plants at a household.

(10) “Person” includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies.

(11) “Uncontrolled cannabis” means any volunteer or uncultivated cannabis plants growing at any life stage and growing outside of a permissible production area.

(12) “Volunteer cannabis plants” means plants in the genus Cannabis derived from seeds or plant parts that propagate or otherwise remain on a field that was previously planted with cannabis after cannabis cultivation no longer occurs on that field.

History

Statutory/Other Authority: ORS 561.190 & ORS 570.405
Statutes/Other Implemented: ORS 570.405-570-415 & ORS 570.995
DOA 1-2023, adopt filed 01/23/2023, effective 01/23/2023

Or. Admin. R. 603-052-3030 Control Area and Control Area Measures

(1) Lands covered. All lands in Oregon not subject to tribal control constitutes the control area for the purposes of these rules.

(2) Cultivation and harvest of cannabis within the control area. The cultivation and harvest of cannabis within the control area shall comply with the following:

(a) No person may cultivate and harvest cannabis in a manner that results in the spread or establishment of uncontrolled cannabis on land that is not a permissible production area.

(b) In developing appropriate cultivation and harvest techniques, a cannabis producer should take into consideration factors including but not limited to the topography of the land, the proximity of other cultivated fields and vectors for the unintentional transport of cannabis including wind direction or proximity to ditches or water bodies.

(d) Any person cultivating cannabis or any person owning or occupying land upon a permissible production area shall eradicate or prevent the seeding or other establishment of uncontrolled cannabis plants.

(e) All cannabis seeds or harvested plants must be transported in tarped or enclosed containers from the fields where cannabis is cultivated to the area where it is subsequently stored or processed.

(f) Processed cannabis seed must be transported from the processing facility in a manner that prevents seed loss.

(3) Monitoring and Eradication. Cannabis production is subject to the following monitoring and eradication measures.

(a) At all times that cannabis is produced, cannabis producers must regularly monitor all areas adjacent to or otherwise near permissible production areas including fields cultivated in cannabis.

(A) Regular monitoring includes appropriate inspection at least twice every month of all areas, including field edges and public rights of way and private lands not owned by the cannabis producer, within one-quarter mile of cultivated field edges.

(B) Inspections consistent with this rule may not result in trespass on private lands although Cannabis producers must attempt to obtain consent to enter private lands not owned by the producer.

(b) All cannabis producers and persons who own land that was previously a permissible production area must monitor all areas where cannabis was produced for at least two years after production ceases and eradicate all uncontrolled cannabis plants and any source of propagules upon detection.

(c) The Department may require additional monitoring time as it may determine is necessary to assure complete eradication of uncontrolled cannabis from previous permissible production areas.

(d) Any uncontrolled cannabis in or around a permissible production area, including a producer’s fields, must be eradicated upon detection.

(e) Eradication of uncontrolled cannabis on private lands. On private lands not owned by the cannabis producer, eradication must be accomplished with the consent of the landowner or occupant.

(A) Any person cultivating cannabis or any person owning or occupying land upon which cannabis is cultivated shall eradicate or prevent the seeding or other establishment of uncontrolled cannabis plants.

(B) The payment for eradication must be determined by agreement of the landowner or occupant and the cannabis producer or by civil means.

(f) Eradication of uncontrolled cannabis on public lands. On public lands or lands controlled by the federal government, state government or a county or municipality, eradication of uncontrolled cannabis is the responsibility of the cannabis producer if the producer that caused the uncontrolled cannabis can be identified. If the cannabis producer who caused the uncontrolled cannabis cannot be identified, then the owner of that public land must control or eradicate the uncontrolled cannabis.

(4) Prohibited Acts

(a) A person may not produce cannabis in a manner inconsistent with these rules or in a manner that results in the presence of uncontrolled cannabis either on or around previous permissible production areas or on any other lands within the control area.

(b) A person may not fail to take any reasonable steps determined by the Department as necessary to eradicate uncontrolled cannabis caused by that person.

(5) Complaints. Any person may submit a complaint to the Department about uncontrolled cannabis in writing and must include at least the following information: date of the observation, the location of the uncontrolled cannabis observed, and information regarding the estimated number of uncontrolled cannabis plants observed.

(a) Complaints may be electronically submitted, faxed, or mailed to the Department.

(b) Complainants may include the name and contact information of the complainant.

(6) Enforcement. In addition to any other remedy or penalty provided by law, the Department may enforce the provisions of these rules through formal or informal means.

(a) Formal enforcement includes any administrative action including issuance of a Notice of Violation and assessment of civil penalties or any other lawful remedy including criminal or civil relief.

(b) Informal enforcement may include a Letter of Warning prior to imposition of formal enforcement.

(c) Violation of these rules or commission of a prohibited act may also result in disciplinary action by the agency that licenses or registers the cannabis producer, including license or registration suspension, revocation or denial.

(7) Notice of Violation and Required Corrective Action. Prior to assessment of a civil penalty for a violation, the Department may provide a Notice of Violation and Required Corrective Action. The Notice of Violation and Required Corrective Action shall be in writing and describe with reasonable specificity the factual basis for the Department’s determination that a violation has occurred and prescribe a reasonable time to correct the violation. A Notice of Violation is subject to review pursuant to ORS 183.484.

(8) Civil Penalties. In addition to any other remedy, and as provided in ORS 570.995, the Department may impose a civil penalty not to exceed $10,000 per violation of any provision of these rules. Civil penalties may be assessed according to the following criteria:

(a) Magnitude of violation: The commission of prohibited acts specified below has been determined to be a minor, moderate, or major violation.

(A) Minor:

(i) Failure to maintain proper certificates or paperwork as required.

(ii) Failure to take reasonable steps to eradicate uncontrolled cannabis.

(iii) Failure to clean equipment.

(iv) Production or harvest of cannabis in a manner that causes the establishment or spread of uncontrolled cannabis on land outside of the permissible production area.

(B) Moderate:

(i) Failure to transport seed in enclosed containers.

(ii) Production or harvest of cannabis in a reckless manner resulting in uncontrolled cannabis.

(iii) Failure to regularly monitor areas previously cultivated with cannabis for uncontrolled cannabis;

(iv) Failure to regularly monitor all areas adjacent to or otherwise near permissible production areas.

(v) Failure or refusal to bear cost to eradicate uncontrolled cannabis determined to be caused by previous production.

(vi) Any other violation of these rules not otherwise categorized as a minor, moderate or major violation.

(i) Knowingly producing cannabis in a manner resulting in uncontrolled cannabis.

(ii) Failure to eradicate uncontrolled cannabis caused by own actions.

(iii) Tampering with, altering, misrepresenting or falsifying in any manner official documents issued by a Department official.

(iv) Providing false information required for issuance of Department documents or supplying or providing falsified documents to the Department.

(b) Civil penalties will be as indicated per Exhibit A.

(c) Civil penalties shall be imposed in accordance with ORS 183.745. A Notice of Civil Penalty must be consistent with the provisions of ORS 183.415 and shall be served personally or by registered or certified mail. The person to whom the Notice of Civil Penalty is addressed shall have 20 days from the date of service of the notice in which to make a written application for a hearing to the Department as provided by instructions in the notice. Any hearing shall be conducted as provided in ORS chapter 183.

History

Statutory/Other Authority: ORS 561.190 & ORS 570.405
Statutes/Other Implemented: ORS 570.405-570.415 & ORS 570.995
DOA 1-2023, adopt filed 01/23/2023, effective 01/23/2023

Division 53 INSPECTION FEES

Or. Admin. R. 603-053-0100 Fees and Charges for Hop Sampling and Analytical Services

The following fees and charges are established for hop sampling and analytical services:

(1) Lot inspection — $1.25 per bale (Minimum Charge — $35 per lot);

(2) 17¢ per bale additional for brewers value;

(3) Supplemental Certificate — $6 per certificate.

History

Statutory/Other Authority: ORS 561.190, 570.450, 632 & 633
Statutes/Other Implemented: ORS 632.940 & 632.945
AD 15-1991, f. & cert. ef. 9-10-91
AD 14-1986, f. & ef. 10-27-86
AD 11-1981, f. & ef. 7-6-81
AD 1100(21-76), f. & ef. 7-20-76
AD 455, f. 7-14-53, ef. 7-27-53

Or. Admin. R. 603-053-0200 Inspection Fees For Agricultural Products

The following fees and charges are established for grading, inspection, and certification of horticultural and agricultural products and processes. Fees will be established in an amount reasonably necessary to cover the cost of providing grading, inspection, certification and auditing in the Shipping Point Inspection program and administration of the program pursuant to ORS 632.940:

(1) Separate fees and hourly rates for inspection of fresh products at specific facilities may be available upon request. At the option of the department, fees and hourly rates may be established for specific facilities at an amount reasonably necessary to cover the cost of services rendered. Such fees and hourly rates shall be calculated by determining the costs, including administrative overhead, for providing the service to the specific facility. Fees and rates established pursuant to this section supersede the fee schedule and rates established herein.

(a) A charge for a minimum of four hours of service at a rate of $ 60 per hour unless otherwise specified by contract;

(b) Travel time at the rate of $ 60 per hour;

(d) Eight hours per day at $ 60 per hour for a minimum of five days per week Monday through Friday during the assignment;

(3) Fresh Product Grade and Condition Certification:

(a) All Fresh Fruit and Vegetables (except Onions and Potatoes):

(A) 65 lbs. Or less net — 6-1/2¢ per container;

(B) Bulk or bulk bins — $ 3.25 per ton

(b) Brine Cherries:

(A) 15,500 lbs. or less — $ 43;

(B) 15,501 to 31,250 lbs. — $ 50;

(D) Quantities in excess of 37,500 lbs. — 18¢ per cwt. for the overage;

(d) Potatoes: — 12¢ per cwt.;

(A) Certified Seed — 12¢ per cwt.;

(B) Diversion — 8¢ per cwt.

(e) Tree Nuts;

(A) Filberts Inshell — 20¢ per cwt.;

(B) Walnuts Inshell — 28¢ per cwt.;

(D) Shelled Walnuts — 48¢ per cwt.

(4) Inspection of Product for Processing: Fees and hourly rates for inspecting fruits and vegetables intended for processing shall be established on a separate, uniform basis for each facility. The fees and hourly rates shall be set at an amount reasonably necessary to cover the cost of services rendered. Such fees and hourly rates shall be calculated by determining the costs, including administrative overhead, for providing the service to the specific facility.

(5) Minimum Certificate Charge: When small lots are written up to meet a specific need in an operating packing house, of a commodity which is being inspected on a regular basis, the minimum certificate charge shall be calculated on the regular schedule for that commodity with a $ 10 minimum fee.

(6) Mileage Charges: Mileage may be charged in addition to all inspection fees or time charges, at the rate per mile established by the Department of Administrative Services, when travel is required.

(7) Special Services or Determinations: When platform inspections, check-loading, check-weighing, count certification, sealing, or other special services are requested, then at the option of the Department the fee, hourly charge, and/or the minimum number of hours per day, per week or period, may be agreed upon by prior written contractual agreement between the applicant or applicants and the Department. In no case, however, shall such charges be less than is necessary to completely reimburse the Department for its total costs of furnishing such services. The provisions of this section supersede the other fee schedules and provisions relating thereto.

(8) Off Grade or Size Certification: When containers of rejected commodity are not emptied by the close of the business day, an off-grade certificate shall be issued covering the total amount of rejected commodity and the regular fee schedule shall be applied.

(9) Overtime Charges: For all inspection services performed during the following times (which will be considered overtime), the regular inspection fees or hourly charges shall be charged plus $ 30 per hour for all time involved. Overtime charges shall be figured to the nearest one-half hour:

(a) After eight hours shed operation (per scheduled shift) or 6:00 p.m., whichever comes first, on Monday through Friday of each week;

(b) At any time on Saturdays or Sundays; and

(10) Overtime Service Charge: The minimum overtime service charge for Saturdays, Sundays and other legal holidays shall be four hours.

(11) No Service Days: No service will be given on Thanksgiving, Christmas, or New Years days.

(12) Standardization Inspection Charges: Produce requiring inspection under ORS 632, arriving on Oregon terminal markets without evidence of inspection or without request for inspection being made to the Department prior to arrival will be assessed double the applicable fee stated in the fee schedule and a state certificate will be issued.

(13) Extra Service Charge: When extra service is requested in conjunction with grade and condition certification, an additional charge at the applicable fee stated per hour may be made for additional time used to make these determinations. Time shall be figured to the nearest 1/2 hour.

(14) Additional Certificates: When it is necessary to issue extra certificates, certificate copies, or superseded certificates, a charge of $ 10 for each certificate shall be made. When the cost to issue the certificates exceed $10, the hourly rate shall apply. When it is necessary to issue extra certificates, or supersede certificates due to errors of Inspection Service, no charge will be made.

(15) Phytosanitary or Federal FV-294 Certificates or Federal FV-184 Certificates (extra service charge for sampling and inspection):

(a) When in conjunction with and at the time of grade inspection — 2¢ per cwt.;

(b) When not grade inspected or at time of inspection, the hourly inspection fee will apply plus — 2¢ per cwt.;

(16) Fumigation Certificates: When fumigation certification is requested, a charge at the applicable rate per hour will be made for all time required, including travel time, plus mileage at a rate established by the Department of Administrative Services.

History

Statutory/Other Authority: ORS 561.190, 632.940 & 632.945
Statutes/Other Implemented: ORS 632.940 & 632.945
DOA 18-2018, amend filed 05/11/2018, effective 05/11/2018
DOA 18-2012, f. & cert. ef. 6-12-12
DOA 19-2006, f. & cert. ef. 11-2-06
DOA 27-2002, f. & cert. ef. 12-23-02
DOA 28-2000, f. & cert. ef. 10-13-00
DOA 7-1999, f. & cert. ef. 4-26-99
AD 9-1996, f. & cert. ef. 7-26-96
AD 11-1994, f. 8-30-94, cert. ef. 9-1-94
AD 17-1992, f. & cert. ef. 11-30-92
AD 2-1991, f. & cert. ef. 2-15-91
AD 10-1983, f. & ef. 8-22-83
AD 13-1979, f. 9-28-79, ef. 10-1-79
AD 1069(15-75), f. 9-5-75, ef. 9-25-75
AD 1037(27-74), f. 8-20-74, ef. 9-11-74
AD 973(6-72), f. 7-11-72, ef. 8-1-72
AD 904(10-69), f. 8-29-69, ef. 9-8-69
AD 886(16-68), f. 8-21-68, ef. 10-1-68
AD 854(26-67), f. 9-26-67, ef. 10-1-67
AD 799(6-65), f. 6-30-65, ef. 7-15-65
AD 767, f. & ef. 7-17-63
AD 672, f. 6-29-61
AD 611, f. 7-10-59
AD 562, f. & ef. 10-7-57

Or. Admin. R. 603-053-0250 Inspection Fees for Certification Program Services

The following fees and charges are established for inspection, reporting and certification of horticultural and agricultural products and processes. Fees will be established in an amount reasonably necessary to cover the cost of providing services and administration in the Certification Program pursuant to ORS 632.940. Certification and third- party audit services will be provided on a first come, first served basis as qualified auditing staff is available. These include:

(1) USDA National Organic Program (NOP) certification,

(a) Annual application fees for USDA National Organic Program (NOP) certification at $1,000 for first-time applicants and $750 for renewal applications; and

(b) A charge for a minimum of four hours of inspection service at a rate of $108 per hour;

(d) Mileage, lodging and per diem reimbursed at rates established by the Department of Administrative Services;

(2) USDA Good Agricultural Practices/Good Handling Practices (GAP/GHP), USDA Produce GAPs Harmonized Standard,

(a) A charge for a minimum of four hours of inspection and administrative service at a rate of $171 per hour;

(b) Travel time at the rate of $171 per hour;

(3) Additional Audit Schemes, private standards, or determinations: When other inspection or special audit services are requested, then at the option of the Department the fees and/or hourly charges may be agreed upon by prior written contractual agreement between the applicant or applicants and the Department. In no case, however, shall such charges be less than is necessary to completely reimburse the Department for its total costs of furnishing such services. The provisions of this section supersede the other fee schedules and provisions relating thereto.

(4) Overtime Charges: For all inspection, audit and certification services performed during the following times (which will be considered overtime), the regular inspection fees or hourly charges shall be charged at time and one-half for all time involved. Overtime charges shall be figured to the nearest one-half hour:

(a) At any time on Saturdays or Sundays; and

(b) At any time on any day which is declared by law to be a holiday for state employees.

History

Statutory/Other Authority: ORS 561.190, ORS 632.940 & ORS 632.945
Statutes/Other Implemented: ORS 632.940 & ORS 632.945
DOA 22-2025, amend filed 09/25/2025, effective 10/01/2025
DOA 20-2024, amend filed 09/25/2024, effective 10/02/2024
DOA 42-2023, amend filed 11/27/2023, effective 11/27/2023
DOA 25-2023, amend filed 08/07/2023, effective 08/07/2023
DOA 3-2023, temporary amend filed 02/01/2023, effective 02/01/2023 through 07/30/2023
DOA 17-2021, amend filed 04/26/2021, effective 05/01/2021
DOA 16-2021, minor correction filed 04/26/2021, effective 04/26/2021
DOA 15-2021, amend filed 04/23/2021, effective 05/01/2021
DOA 18-2018, adopt filed 05/11/2018, effective 05/11/2018

Or. Admin. R. 603-053-0400 Definitions

(1) “Department” means the Department of Agriculture of the State of Oregon.

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

(3) “Shipping Point Inspection Program (SPI)” means the state and/or federal inspection program for fruits, vegetables and nuts.

History

Statutory/Other Authority: ORS 561.190, 632.940 & 632.945
Statutes/Other Implemented: ORS 632.940 & 632.945
DOA 6-1999, f. & cert. ef. 4-26-99

Or. Admin. R. 603-053-0410 Purpose

The Department will establish an advisory committee for the Shipping Point Inspection Program (SPI). The SPI Advisory Committee will represent a balanced cross section of the affected industries as well as a geographic representation across the state. The Committee’s primary role is to advise the Department on matters relating to the administration of the Shipping Point Inspection Program and may make recommendations concerning the inspection and certification services rendered by the Department.

History

Statutory/Other Authority: ORS 561.190, 632.940 & 632.945
Statutes/Other Implemented: ORS 632.940 & 632.945
DOA 6-1999, f. & cert. ef. 4-26-99

Or. Admin. R. 603-053-0420 Committee Members

The SPI Advisory Committee will consist of 13 members representing applicants of the SPI Program including growers, shippers, packers, and processors. Members shall be appointed by the Director. The term of each member will be three years from the date of appointment, except initial terms of one, two and three years will be used to stagger the terms of the Committee members. Vacancies in office will be filled by appointment for the unexpired term.

History

Statutory/Other Authority: ORS 561.190, 632.940 & 632.945
Statutes/Other Implemented: ORS 632.940 & 632.945
DOA 22-2001, f. & cert. ef. 9-20-01
DOA 6-1999, f. & cert. ef. 4-26-99

Or. Admin. R. 603-053-0430 Officers and Ex Officio

The Director or an official representative shall serve as ex-officio members without the right to vote.

History

Statutory/Other Authority: ORS 561.190, 632.940 & 632.945
Statutes/Other Implemented: ORS 632.940 & 632.945
DOA 22-2001, f. & cert. ef. 9-20-01
DOA 6-1999, f. & cert. ef. 4-26-99

Or. Admin. R. 603-053-0440 Meetings

The Committee will meet at the call of the Director or an official representative at least once annually. A majority of the members constitutes a quorum (7 members constitutes a quorum), a majority vote of the quorum at any meeting shall constitute an official action (a minimum of 4 members).

History

Statutory/Other Authority: ORS 561.190, 632.940 & 632.945
Statutes/Other Implemented: ORS 632.940 & 632.945
DOA 22-2001, f. & cert. ef. 9-20-01
DOA 6-1999, f. & cert. ef. 4-26-99

Or. Admin. R. 603-053-0450 Travel and Miscellaneous Expenses

Each member of the Committee, may, with the approval of the Director, be reimbursed for the actual and necessary expenses incurred in the performance of his or her official duties. However, members may not receive any consideration for serving on the Committee. The reimbursement shall be made at the rate established by the Department of Administrative Services. The Department will provide Committee members with the State of Oregon Travel Expense Detail Sheets to be completed within 60 days of incurred expenses.

History

Statutory/Other Authority: ORS 561.190, 632.940 & 632.945
Statutes/Other Implemented: ORS 632.940 & 632.945
DOA 6-1999, f. & cert. ef. 4-26-99

Division 54 NURSERIES

Or. Admin. R. 603-054-0014 Definitions

(1) “Annual sales” means annual gross dollar volume of sales of nursery stock within Oregon for the calendar year immediately proceeding the license year.

(2) “Annual purchases” means annual gross dollar volume of purchases of nursery stock within Oregon for the calendar year immediately proceeding the license year.

(3) “Collectors” means collectors of wild plants grown or kept for propagation or sale.

History

Statutory/Other Authority: ORS 561 & 571
Statutes/Other Implemented: ORS 571.057
DOA 10-2016, f. & cert. ef. 4-29-16

Or. Admin. R. 603-054-0016 License Fees: Growers and Collectors

(1) The license fee for nursery growers, other than greenhouse growers of herbaceous plants, and for collectors of native plants shall be as follows: If Annual Sales are — The license fee is:

(a) Up to $20,000 = $176;

(b) $20,001-$100,000 = $176 plus.00560 over $20,000;

(d) $200,001-$500,000 = $1,143 plus.00420 over $200,000;

(e) $500,001-$2,000,000 = $2,403 plus.00251 over $500,000;

(f) $2,000,001 & above = $6,168 plus.00072 over $2,000,000;

(g) Maximum Fee = $29,675.

(2) In addition to the annual license fee above, there will be a research assessment equal to 0.0002 of annual sales. The minimum research assessment is $10.

(3) In addition to the annual license fee (1) and research assessment fee (2) above, there will be an assessment for the Plant Pest and Disease Emergency Response Fund. The assessment will be adjusted annually to maintain a fund balance of $250,000 and will be prorated among all licensees based on annual sales or purchases from the previous year.

(4) An applicant for an original license or for a renewal license, without a full calendar year of prior nursery stock sales or purchase experience upon which to base the fees, must follow the licensing process found in ORS 571.057(2).

History

Statutory/Other Authority: ORS 561 & 571
Statutes/Other Implemented: ORS 571.057
DOA 98-2026, amend filed 05/14/2026, effective 05/14/2026
DOA 10-2016, f. & cert. ef. 4-29-16
DOA 6-2014, f. & cert. ef. 5-1-14
DOA 13-2008, f. & cert. ef. 4-15-08
DOA 3-2008, f. & cert. ef. 1-7-08
DOA 9-2006, f. & cert. ef. 3-22-06
DOA 2-2003, f. & cert. ef. 1-7-03
AD 13-1997, f. & cert. ef. 7-31-97
Reverted to AD 8-1986, f. & ef. 5-22-86
AD 11-1995(Temp), f. & cert. ef. 6-14-95
AD 8-1986, f. & ef. 5-22-86

Or. Admin. R. 603-054-0017 License Fees: Greenhouse Growers of Herbaceous Plants

(1) The license fee for greenhouse growers of herbaceous plants shall be as follows: If Annual Sales are — The license fee is:

(a) Up to $20,000 = $176;

(b) $20,001-$100,000 = $176 plus .00205 over $20,000;

(d) $200,001-$500,000 = $506 plus .00082 over $200,000;

(e) $500,001-$2,000,000 = $752 plus .00074 over $500,000;

(f) $2,000,001 & above = $1,862 plus.00066 over $2,000,000;

(g) Maximum Fee = $29,675.

(2) In addition to the annual license fee above, there will be a research assessment equal to 0.0002 of annual sales. The minimum research assessment is $10.

History

Statutory/Other Authority: ORS 561 & 571
Statutes/Other Implemented: ORS 571.057
DOA 98-2026, amend filed 05/14/2026, effective 05/14/2026
DOA 10-2016, f. & cert. ef. 4-29-16
DOA 6-2014, f. & cert. ef. 5-1-14
DOA 13-2008, f. & cert. ef. 4-15-08
DOA 3-2008, f. & cert. ef. 1-7-08
DOA 9-2006, f. & cert. ef. 3-22-06
DOA 2-2003, f. & cert. ef. 1-7-03
AD 13-1997, f. & cert. ef. 7-31-97
Reverted to AD 8-1986, f. & ef. 5-22-86
AD 11-1995(Temp), f. & cert. ef. 6-14-95
AD 8-1986, f. & ef. 5-22-86

Or. Admin. R. 603-054-0018 License Fees: Dealers, Florist and Landscape Contractors

(1) The license fee for dealers, florist, and landscape contractors shall be as follows: If annual purchases (live plant material only, cut flowers are exempt) are The license fee is:

(a) Up to $20,000 = $176;

(b) $20,001-$100,000 = $176 plus.00205 over $20,000;

(d) $200,001-$500,000 = $506 plus.00082 over $200,000;

(e) $500,001-$2,000,000 = $752 plus.00074 over $500,000;

(f) $2,000,001 & above = $1,862 plus.00066 over $2,000,000;

(g) Maximum Fee = $29,675.

(2) In addition to the annual license fee above, there will be a research assessment equal to 0.0002 of annual sales. The minimum research assessment is $10.

History

Statutory/Other Authority: ORS 561 & 571
Statutes/Other Implemented: ORS 571.057
DOA 110-2026, amend filed 08/18/2026, effective 08/18/2026
DOA 98-2026, amend filed 05/14/2026, effective 05/14/2026
DOA 10-2016, f. & cert. ef. 4-29-16
DOA 6-2014, f. & cert. ef. 5-1-14
DOA 13-2008, f. & cert. ef. 4-15-08
DOA 3-2008, f. & cert. ef. 1-7-08
DOA 9-2006, f. & cert. ef. 3-22-06
DOA 2-2003, f. & cert. ef. 1-7-03
AD 13-1997, f. & cert. ef. 7-31-97
Reverted to AD 8-1986, f. & ef. 5-22-86
AD 11-1995(Temp), f. & cert. ef. 6-14-95
AD 8-1986, f. & ef. 5-22-86

Or. Admin. R. 603-054-0020 Fees for European Pine Shoot Moth Survey

The fee for licensed nurseries or Christmas tree growers requesting European pine shoot moth survey is established at $85 per location (field) per year.

History

Statutory/Other Authority: ORS 561 & 571
Statutes/Other Implemented: ORS 571.145
DOA 2-2003, f. & cert. ef. 1-7-03

Or. Admin. R. 603-054-0024 Fees for Issuance of Phytosanitary and Other Certificates

The following fees and charges are established for inspections requested by nurseries in order to issue state or federal phytosanitary certificates and any other certificate that requires inspection prior to issuance of such certificates. The base charge for certificates will be $25 each. The USDA administrative charge for federal phytosanitary certificates will be $12 for federal phytosanitary certificates completed by ODA personnel or $6 for federal phytosanitary certificates issued through PCIT.

History

Statutory/Other Authority: ORS 561 & 571
Statutes/Other Implemented: ORS 571.145
DOA 6-2014, f. & cert. ef. 5-1-14
DOA 4-2010, f. & cert. ef. 1-28-10
DOA 3-2008, f. & cert. ef. 1-7-08
DOA 9-2006, f. & cert. ef. 3-22-06
DOA 2-2003, f. & cert. ef. 1-7-03

Or. Admin. R. 603-054-0027 Notification of Imported Trees and Shrubs

(1) Recipients of tree and shrub nursery stock imported into the state of Oregon from any out-of-state source are required to notify the Oregon Department of Agriculture. Notification shall be via mail, FAX or e-mail to: Nursery Program Supervisor, Plant Division, Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301; FAX 503-986-4564; quarantine@oda.oregon.gov.

(2) For purposes of this section, "tree and shrub nursery stock" means woody forest and ornamental trees, shrubs and vines grown or kept for propagation or sale, including bareroot, balled and burlaped, and containerized plants, liners, budwood, seedlings and cuttings. Fruit, seeds and tissue culture plantlets are not considered tree and shrub nursery stock.

(3) Notice under (1) of this section in advance of arrival of the shipment is encouraged but must be no later than two business days (Monday through Friday) after its arrival. Notification shall include the species of plant(s), quantities, source, and recipient's contact information. Copies of regular shipping documents, e.g. load lists, with this information are encouraged. ODA may approve alternative notification systems if such systems allow ODA at least one business day to determine if an inspection is necessary.

(4) ODA will contact nurseries within one business day of receipt of notification if the tree and shrub nursery stock must be held for inspection under ORS 571.220 and 570.305. Recipients are not obligated to hold the imported tree and shrub nursery stock for inspection unless contacted directly by an ODA inspector, except that the imported tree and shrub nursery stock must not be sold or distributed to untraceable buyers, e.g. final consumers, for one business day after notifying ODA.

(5) Failure to comply with this rule could result in criminal penalties authorized in 571.991 of up to $5,000. Violation of this rule by a licensed nursery may also result in license suspension or revocation.

History

Statutory/Other Authority: ORS 570.305 & 571.220
Statutes/Other Implemented: ORS 561.190
DOA 13-2026, minor correction filed 01/29/2026, effective 01/29/2026
DOA 5-2007, f. & cert. ef. 3-16-07
DOA 9-2004, f. & cert. ef. 3-12-04

Or. Admin. R. 603-054-0030 Inspection and Service Fees for Unlicensed Nursery Persons

The fees for inspection and special services performed for persons not required to be licensed pursuant to ORS Chapter 571 are as follows:

(1) Inspections and issuance of phytosanitary or other certificates at locations or premises of persons requesting such service shall be $60 per hour, chargeable to the nearest one-quarter hour, with a minimum of $45 for each inspection or issuance of a certificate.

(2) Inspections and issuance of phytosanitary certificates or other certificates at a State Department of Agriculture facility shall be $20 for each such certificate for non-commercial shipments (less than $1000 value) and $35 per certificate for commercial shipments (greater than $1000 value).

(3) Fees for laboratory services will be sufficient to recover the costs of such services.

History

Statutory/Other Authority: ORS 561 & 571
Statutes/Other Implemented: ORS 561.020 & 571.145
DOA 6-2014, f. & cert. ef. 5-1-14
DOA 2-2003, f. & cert. ef. 1-7-03
AD 14-1997, f. & cert. ef. 7-30-97
AD 1-1983, f. & ef. 1-4-83
AD 4-1979, f. & ef. 4-22-79
AD 2-1978, f. & ef. 1-19-78

Or. Admin. R. 603-054-0035 License Fees for Christmas Tree Growers

(1) The annual license fee for Christmas tree growers beginning May 15, 2008, shall be a basic charge of $62 plus an acreage assessment as follows: $3 per acre for 40 or fewer acres, plus an additional $2.60 per acre for more than 40 acres but not more than 100 acres, plus an additional $2.10 per acre for more than 100 acres but not more than 200 acres, plus an additional $1.60 per acre for more than 200 acres. The annual license fee for Christmas tree growers beginning May 15, 2009, shall be a basic charge of $64 plus an acreage assessment as follows: $3 per acre for 40 or fewer acres, plus an additional $2.70 per acre for more than 40 acres but not more than 100 acres, plus an additional $2.20 per acre for more than 100 acres but not more than 200 acres, plus an additional $1.70 per acre for more than 200 acres. The annual license fee for Christmas tree growers beginning May 15, 2010, shall be a basic charge of $66 plus an acreage assessment as follows: $3 per acre for 40 or fewer acres, plus an additional $2.80 per acre for more than 40 acres but not more than 100 acres, plus an additional $2.30 per acre for more than 100 acres but not more than 200 acres, plus an additional $1.80 per acre for more than 200 acres. The annual license fee for Christmas tree growers beginning May 15, 2011, shall be a basic charge of $68 plus an acreage assessment as follows: $3 per acre for 40 or fewer acres, plus an additional $2.90 per acre for more than 40 acres but not more than 100 acres, plus an additional $2.40 per acre for more than 100 acres but not more than 200 acres, plus an additional $1.90 per acre for more than 200 acres. The annual license fee for Christmas tree growers beginning May 15, 2012, shall be a basic charge of $70 plus an acreage assessment as follows: $3 per acre for 40 or fewer acres, plus an additional $3 per acre for more than 40 acres but not more than 100 acres, plus an additional $2.50 per acre for more than 100 acres but not more than 200 acres, plus an additional $2 per acre for more than 200 acres.

(2) The total license fee shall not exceed $5,000.

(3) To assist Christmas tree growers in determining their appropriate license fee, a license fee calculator can be found at: http://oda.state.or.us/dbs/christmas_tree_fee/calculator.lasso

History

Statutory/Other Authority: ORS 571.530
Statutes/Other Implemented: ORS 571.530
DOA 9-2008, f. & cert. ef. 2-15-08
AD 6-1994, f. 6-3-94, cert. ef. 7-1-94
AD 8-1987, f. & ef. 6-3-87
AD 11-1985, f. & ef. 11-27-85

Or. Admin. R. 603-054-0040 Intent

Civil penalties encourage compliance with plant protection and marketing regulatory requirements. The intent of this civil penalty regulation is to implement the authority provided by the Oregon Legislature in order to protect Oregon’s natural resources and enhance the marketing of our agricultural products. Communication is an important first step in reaching the Department of Agriculture’s goal of educating the public and industry into compliance with its regulatory requirements. Occasionally, however, the violation is so obvious and threatening that stronger measures are appropriate in the first instance. Enforcement serves as an important, though usually secondary, educational tool.

History

Statutory/Other Authority: 1999 OL 390
Statutes/Other Implemented: 1999 OL 390
DOA 10-2005, f. & cert. ef. 2-15-05
DOA 3-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 603-054-0045 Definitions

In addition to the definitions set forth in ORS 561.005, 570.005, 570.105, and 571.005, the following will apply:

(1) “Abatement”: Action by a person to comply with a cited violation of the rules or statutes.

(2) “Director”: The Director of the Department of Agriculture, or the Director’s designee.

(3) “Good cause”: Means a cause beyond the reasonable control of the person. “Good cause” exists when it is established by satisfactory evidence that factors or circumstances are beyond the control of a rational and prudent person of normal sensitivity, exercising ordinary common sense.

(4) “Magnitude of Violation”: Means the seriousness of a violation with respect to how it is categorized. The prohibited acts shall be categorized as a Major violation, Moderate violation, or Minor violation.

(5) “Repeat violation”: A violation that has not been fully corrected by the date ordered or subsequent violation of the same rule, order or statute.

(6) “Violation”: The breach of a person’s duty to comply with ORS Chapters 561, 570, or 571 or any regulation, rule or order issued thereunder.

History

Statutory/Other Authority: 1999 OL 390
Statutes/Other Implemented: 1999 OL 390
DOA 10-2005, f. & cert. ef. 2-15-05
DOA 3-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 603-054-0050 Consolidation of Proceedings

Each and every violation is a separate and distinct offense. In cases of continuing violations, proceedings for the assessment of multiple civil penalties for multiple violations against a person may be consolidated into a single hearing.

History

Statutory/Other Authority: 1999 OL 390
Statutes/Other Implemented: 1999 OL 390
DOA 10-2005, f. & cert. ef. 2-15-05
DOA 3-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 603-054-0055 Notice of Violation and Assessment of Civil Penalties

(1) Notice of a violation shall inform the person of the existence of a violation, the actions required to resolve the violation and the consequences of continued non-compliance.

(2) The Director shall prescribe a reasonable time for the abatement of a violation of ORS 561, 570 or 571. Upon timely request, the Director may extend this time for good cause shown. The request should state any good cause that supports the request.

(3) Violations occurring after the time prescribed for the elimination of the violation shall be considered repeat violations.

(4) Persons receiving a notice of proposed civil penalty under these rules shall have twenty (20) calendar days to request a hearing. If a request is not received on the 20th day after the notice is served, the Department may issue a default order. The Department file is designated as the record in cases of default.

(5) Notice of violation shall be in writing and shall be sent by registered or certified mail to the last known address on file with the Department of Agriculture. The notice shall include, but not be limited to:

(a) A reference to the particular section of the statute and/or administrative rule involved;

(b) A short and plain statement of the matters asserted or charged;

(d) A person’s right to request a hearing within twenty (20) days of receipt of the notice and explanation of how a hearing may be requested;

(e) A statement that the notice becomes a final order unless the Department receives a written request for a hearing from the person whom the civil penalty is addressed within twenty (20) days from the receipt of the notice;

(f) A statement that the person is entitled to an informal conference with the Department to attempt resolution of the violation and penalty prior to commencement of a formal contested case hearing.

(6) Civil penalties shall be due and payable within twenty (20) days of receipt of the final order of violation or when the notice is converted to a final order because the person has defaulted.

(7) Any time after the service of the written notice of assessment of a civil penalty, the Director may compromise, reduce or settle any unpaid civil penalty at any amount that the Director deems appropriate in his or her discretion. As provided by ORS 183.415(5), any compromise, reduction or settlement authorized by the Director shall be final and not subject to judicial review.

History

Statutory/Other Authority: 1999 OL 390
Statutes/Other Implemented: 1999 OL 390
DOA 10-2005, f. & cert. ef. 2-15-05
DOA 3-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 603-054-0060 Hearing Procedures

All hearings shall be conducted pursuant to the applicable contested case procedures as outlined in ORS 183.310 to 183.550 and the Attorney General’s Uniform and Model Rules of Procedure (OAR Chapter 137, 1999).

History

Statutory/Other Authority: 1999 OL 390
Statutes/Other Implemented: 1999 OL 390
DOA 10-2005, f. & cert. ef. 2-15-05
DOA 3-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 603-054-0065 Entry of Order and Appeal Rights

(1) If a person, having received a notice of violation(s), fails to request a hearing as specified in OAR 603-054-0055(5)(d), or if after the hearing the person is found to be in violation of the provisions of these rules, a final order may be entered by the department assessing a civil penalty.

(2) The Director or his/her designate shall sign the order.

(3) The final order, if not appealed or not sustained on appeal, shall constitute a judgement and may be recorded with the county clerk in any county of this state. The penalty provided in the order so recorded becomes a lien upon the title of any interest and real property in the county owned by the person against whom the order is entered.

History

Statutory/Other Authority: 1999 OL 390
Statutes/Other Implemented: 1999 OL 390
DOA 10-2005, f. & cert. ef. 2-15-05
DOA 3-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 603-054-0070 Civil Penalty Schedule Matrix

(1) In addition to any other penalty provided by law, the Director may assess a civil penalty for violation of any provision of ORS Chapters 561, 570 and 571 relating to agricultural orders, quarantine rules and regulations, director’s exemptions, compliance agreements, control area orders, failure to pay imported timber inspection fee, unlicensed activity as grower, dealer or agent for the plant nursery, and unlicensed activity as a Christmas tree grower. The amount of any civil penalty shall be determined using the following matrix. The amount of an initial civil penalty shall not exceed $5,000 and any subsequent civil penalties for a repeat occurrence of the same prohibited act shall not exceed $10,000 per violation. [Matrix not included. See ED. NOTE.]

(2) Magnitude of violation: The commission of any prohibited act specified below has been determined to be a violation of ORS Chapter 561, 570 or 571 and is subject to a civil penalty. The commission of each prohibited act has been categorized as to its magnitude of violation as follows:

(a) Major:

(A) Knowingly importing or transferring infested or infected plant material, or other regulated items or regulated organisms into or within Oregon in violation of an agricultural quarantine order, quarantine rules and regulations, director’s exemption, compliance agreement, or control area order.

(B) Using falsified or altered certificates or other official documents issued by a federal, state or county phytosanitary official.

(C) Tampering with, altering, misrepresenting or falsifying in any manner official documents issued by a plant regulatory official.

(D) Providing false information required for issuance of documents or official certificates as required under agricultural quarantine orders, quarantine rules and regulations, director’s exemptions, compliance agreements, control area orders, or imported timber products inspection program.

(E) Substituting uninspected plant material or regulated items for plant material or regulated items covered by a Department inspection.

(F) Willful violation: a violation that is committed knowingly by a person, or the person’s agent, who intentionally or knowingly disobeys or recklessly disregards the requirements of a statute, regulation, rule, or order.

(G) Repeat violations.

(b) Moderate:

(A) Failure to license or refusal to license as a Christmas Tree Grower; Nursery Stock Grower or Collector of Native Plants; Greenhouse Grower of Herbaceous Plants; Nursery Dealer, Florist or Landscape Contractor.

(B) Importing or transferring infested or infected plant material, or other regulated items or regulated organisms into or within Oregon in violation of an agricultural quarantine order, quarantine rules and regulations, director’s exemption, compliance agreement, or control area order.

(D) Failure to pay imported timber products program inspection fees.

(E) Growing plants or conducting other activities requiring a compliance agreement with the Department, without entering into said compliance agreement.

(A) Failure to maintain proper certificates or paperwork as required by an agricultural quarantine order, quarantine rules and regulations, director’s exemption, compliance agreement, control area order, or the timber products inspection program.

(B) Failure to notify the Department as required by an agricultural quarantine order, quarantine rules and regulations, director’s exemption, compliance agreement, control area order, or the timber products inspection program.

(C) Transporting or accepting for transportation plant material or regulated items that do not carry the official inspection documents required by the Department.

[ED. NOTE: Matrices referenced are available from the agency.]

History

Statutory/Other Authority: 1999 OL 390
Statutes/Other Implemented: 1999 OL 390
DOA 10-2005, f. & cert. ef. 2-15-05
DOA 3-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 603-054-0075 Mitigating Circumstances

During the process of determining the amount of civil penalty to be assessed, the Director may take into consideration any factors which may have an influence on the particular case. Such factors may include whether the violation appears to be accidental or willful and repeated, whether the violation is a first time offense or if there is a history of violations and the degree of cooperation shown by the person involved in the violation.

History

Statutory/Other Authority: 1999 OL 390
Statutes/Other Implemented: 1999 OL 390
DOA 10-2005, f. & cert. ef. 2-15-05
DOA 3-2001, f. & cert. ef. 1-5-01

Or. Admin. R. 603-054-0080 License Requirement for Persons Doing Landscaping Business

The Department, as required by ORS 571.045(2), hereby establishes that any person doing landscaping business that stores plants for more than one year, operates as a grower, dealer or agent, keeps plants for propagation, advertises nursery stock for sale, or sells nursery stock, must obtain a nursery license.

History

Statutory/Other Authority: ORS 561 & 571
Statutes/Other Implemented: ORS 571.045
DOA 2-2003, f. & cert. ef. 1-7-03

Or. Admin. R. 603-054-0085 Pre-Notification of Imported Christmas Trees

(1) Recipients of Christmas trees and cut evergreen branches imported into the state of Oregon from any out-of-state source are required to notify the Oregon Department of Agriculture. Notification shall be via mail, FAX or e-mail to: Nursery Program Supervisor, Plant Division, Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301; FAX 503-986-4786; quarantine@oda.oregon.gov.

(2) For purposes of this section, "Christmas tree” is as defined in ORS 571.505 (2).

(3) For the purposes of this section, cut evergreen branches is defined as cut branches of any evergreen tree in the genera of Abies , Pinus or Pseudotsuga . It does not include cut branches in wreaths or in other manufactured products.

(4) Notice under (1) of this section in advance of arrival of the shipment is required and must be no later than two business days (Monday through Friday) prior to its arrival. Notification shall include the species of Christmas tree(s) or cut evergreen branches, origin, quantities, source, and recipient's contact information. Copies of regular shipping documents, e.g. load lists, with this information is required. ODA may approve alternative notification systems if such systems allow ODA at least one business day to determine if an inspection is necessary.

(5) ODA will contact the recipient of the Christmas tree(s) or cut evergreen branches within one business day of receipt of notification if the Christmas trees or cut evergreen branches must be held for inspection in order to prevent the introduction or spread of dangerous insects or other plant pests as provided in ORS 570.305. Recipients are not obligated to hold the imported Christmas tree(s) or cut evergreen branches for inspection unless contacted directly by an ODA inspector, except that the imported Christmas tree(s) or cut evergreen branches must not be sold or distributed to untraceable buyers, e.g. final consumers, for two business day after notifying ODA.

(6) No person shall knowingly offer to sell Christmas tree stock or cut evergreen branches that are infected or infested with dangerous pests as provided in ORS 571.575. Failure to comply with this section may result in the penalties provided in ORS 571.995.

History

Statutory/Other Authority: ORS 570.305
Statutes/Other Implemented: ORS 561.190
DOA 12-2026, minor correction filed 01/29/2026, effective 01/29/2026
DOA 15-2020, minor correction filed 07/27/2020, effective 07/27/2020
DOA 8-2020, adopt filed 06/09/2020, effective 06/09/2020

Division 55 BEES AND OREGON STANDARDS OF BEE COLONY STRENGTH FOR COLONIES USED IN COMMERCIAL POLLINATION OF CROPS

Or. Admin. R. 603-055-0100 Apiary Registration Fees

The following annual apiary registration fees are established by authority provided in ORS 602.090: Every person who owns or is in charge of five or more colonies of bees located within this state must register the colonies with the Department of Agriculture. Each registration shall be accompanied by a fee, which shall cover each colony of bees owned by the registrant.

(1) For registrations made before June 1 of each year, the annual registration fee shall be $10 per registration and $0.50 per colony.

(2) The number of colonies that must be registered shall be based on the high number of full strength colonies managed within the state of Oregon at any time during the previous year.

(3) For registrations made after July 1 of each year, the annual registration fee shall be $20 per registration and $0.50 per colony.

(4) All moneys collected pursuant to ORS 602.090 shall be spent on pollinator research that is predominately focused on honeybees.

History

Statutory/Other Authority: ORS 561.190 & 602.090
Statutes/Other Implemented: ORS 602.090
DOA 6-2016, f. & cert. ef. 4-5-16
AD 2-1994, f. & cert. ef. 2-8-94
AD 7-1992, f. & cert. ef. 6-3-92

Or. Admin. R. 603-055-0200 Definition

As used in this rule, unless the context or a specially applicable definition requires otherwise: As defined in ORS 602.010, “Colony” or “colonies of bees” refers to any hive occupied by bees and “hive” means any receptacle or container made or prepared for use of bees, or box or similar container taken possession of by bees, except for nucleus hives.

History

Statutory/Other Authority: ORS 561.190 & 602.090
Statutes/Other Implemented: ORS 602.090
DOA 6-2016, f. & cert. ef. 4-5-16

Division 56 HAY AND SEED

Or. Admin. R. 603-056-0030 Definitions

Unless the context clearly requires otherwise, the following definitions apply to all rules in this chapter 603, division 56:

(1) “Agricultural Seed” means fiber, forage, and grass crop seed and any other kind of seed or bulblet commonly recognized in this state as agricultural, lawn, or turf seed, and mixtures of any such seed.

(2) “Certified,” as applied to agricultural, vegetable, or cereal grain seed, means inspected and labeled by, and in accordance with, the standards and rules and regulations adopted by the Oregon State University Seed Certification Program, or in accordance with similar standards established by some similar regularly constituted authority in another state or county.

(3) “Conditioner” means any person who cleans, dries, blends, bags, treats, or stores seed.

(4) “Complete record” means any and all information which relates to the origin, treatment, viability, kind and variety of each lot of agricultural, vegetable, or flower seed sold in this state. Such information includes seed samples and records of declarations, labels, purchase and sales records, conditioning, bulking, and treatment records, handling and storage records, analyses, copies of tests, and examination records.

(5) “Department” means the Oregon Department of Agriculture.

(6) “Director” means the Director of the department or the Director’s agent.

(7) "Enforcement" means any documented action taken by the department to address a violation.

(8) “Federal Seed Act” means 7 USC §§ 1551 to 1611 (1994) and 7 CFR §§ 201.1 to 201.78 (2011).

(9) “Flagrant” means any violation where the person had knowledge of the law requires and committed a violation regardless of that knowledge.

(10) “Flower seed” means seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold in this state under the name of flower or wildflower seeds. Flower seed is not vegetable seed.

(11) “Gravity of circumstance” is the ranking of a violation with respect to its effect, or potential effect, on the public interests reflected in ORS chapter 633. The department ranks a violation as high, medium, or low.

(12) “Inert Matter” includes stone, dirt, leafage, stems, badly broken seed, other similar matter and masses of spores. Inert matter is not agricultural seed, vegetable seed, or other crop seed.

(13) “Intentionally” means the person acts, or fails to act, with a deliberate or an express purpose to commit the action.

(14) “Knowingly” means the person acts, or fails to act, with a practical understanding of, or a distinct skill in, the general activity that was obtained through such means as instruction, study, practice, or experience.

(15) “Labeling” is all printed, written, or graphic representations in any form on the container of any seeds or accompanying or pertaining to any seeds, whether in bulk or in containers, and includes representations on invoices.

(16) “Letter of Advisement” is a written notice issued by the department that informs a person that the department has made a preliminary determination that a violation may be occurring and informs the person of the potential consequences of any such violation. The Letter of Advisement shall also inform a person of possible corrective actions that may be taken and possible consequences of non-compliance with proposed corrective actions. A Letter of Advisement may be followed by a a Notice of Violation or Notice of Imposition of Civil Penalty.

(17) "Magnitude of Violation" is the categorization of the severity of a violation in relation to other types of violations after considering its potential to affect the public interests reflected in ORS chapter 633. The department categorizes a violation as major, moderate, or minor.

(18) “Notice of Violation” means a written notice issued by the department that informs a person of the existence of a violation, required corrective actions, and the consequences of non-compliance.

(19) “Notice of Imposition of Civil Penalty” means a written notice issued by the department that informs the person of the existence of a violation and imposes a civil penalty for the violation. The Notice of Civil Penalty shall inform the person of how the civil penalty was calculated and may require corrective action.

(20) Oregon Seed Law means Oregon Revised Statutes 633.511 to 633.996 and Oregon Administrative Rules Chapter 603 Division 56.

(21) “Licensee” is any person, including any officer or representative of the licensed entity, that holds a license. A licensee specifically includes, but is not limited to, any of the following individuals of a licensed entity:

(a) A president, vice president, secretary, treasurer or director of a corporation;

(b) A general partner in a limited partnership;

(d) A member of a member-managed limited liability company;

(e) A trustee;

(22) “Other Crop Seed” means that part of any lot or sample of seed that consists of the seed of cereal grain and agriculture, flower, and vegetable seeds other than those named on the label. Other crop seed is not inert matter.

(23) “Owner” means the sole proprietor of, partner in, or holder of a controlling interest in the named entity on an application for a seed dealer’s license.

(24) “Past occurrence of violations” means any violation for which the department issued final order finding a violation of imposing a civil penalty within the preceding five years. It does not include any orders that the department withdrew, that were are successfully appealed (meaning the Department did not issue a final order finding a violation or imposing a civil penalty), or that are the subject of a pending appeal.

(25) “Percentage of Hard Seed” means the percentage of pure seed of any lot or sample that remains in its normal hard condition at the close of a standard germination test.

(26) “Percentage of Germination” means the percentage of pure seed of a lot or sample that produces satisfactory sprouts before the close of a standard germination test.

(27) “Person” is any individuals, companies, corporations, associations, firms, partnerships joint stock companies, or public or municipal corporations.

(28) “Probation” means a period of time during which a licensee may only operate in compliance with specific terms and conditions established by the department.

(29) “Prohibited Noxious Weed Seed” means the seed of weeds which when established are highly destructive, competitive, and difficult to control by ordinary good cultural practice.

(30) “Pure Seed” means the agricultural or vegetable seed of which there is the largest percentage by weight in any unmixed lot or sample or, in the case of mixtures, means any agricultural or vegetable seed consisting of not less than five percent by weight of the kind or kinds of seed under consideration, not including other crop seed, weed seed, and inert matter.

(31) “Restricted Noxious Weed Seed” means the seed of such weeds as are very objectionable in fields, lawns, or gardens but can be controlled by good cultural practice.

(32) “Retail Seed Dealer” means any person who sells, offers for sale, or holds for sale, agricultural or vegetable seed to ultimate consumers or users for planting purposes.

(33) “Revocation” means the total withdrawal of license and any authorization to sell, offer for sale, or expose for sale any agricultural, flower, or vegetable seed under conditions for which a license is required.

(34) “Suspension” means a period of time during which a license is withdrawn and a person is prohibited from selling, offering for sale, or exposing for sale any agricultural, flower, or vegetable seed under conditions for which a license is required, including, but not necessarily limited to providing information about price, quality, availability, payment terms, or any other information specific to a sale.

(35) “Vegetable Seed” means the seed of those crops usually grown in Oregon in gardens or on truck farms or for canning and freezing purposes and generally known and sold under the name of vegetable seed. Vegetable seed is not flower seed.

(36) “Violation” means a violation by a person of any provision of ORS 633.511 to 633.750, a violation of any rule adopted pursuant thereto, or a violation of any of the terms or conditions of a final order issued pursuant thereto. Each violation is a separate and distinct offense, and, in the case of a continuing violation, each day’s continuance thereof is a separate and distinct offense. Each violation by a different person is a separate and distinct offense.

(37) “Wholesale Seed Dealer” means any person who sells, offers for sale, or holds for sale, agricultural or vegetable seed to retailers, distributors, brokers, or other wholesalers for resale.

(38) “Willfully” means the person acted, or failed to act, after considering the potential effects and consequences of the action.

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.711
DOA 9-2020, amend filed 07/14/2020, effective 07/14/2020
AD 5-1996, f. & cert. ef. 6-7-96

Or. Admin. R. 603-056-0050 Seed Dealer License

(1) Both retail seed dealers and wholesale seed dealers must obtain a seed dealer license from the department prior to selling, offering for sale, or exposing for sale any agricultural, flower, or vegetable seed.

(2) Before the department issues any seed dealer license, a person shall submit a completed application and appropriate annual license fee. The application shall include the following:

(a) Names and titles of each person requesting the license. If the applicant is a partnership, corporation, business entity, association, governmental subdivision, or public or private organization, the applicant shall also submit the names and titles of each partner, officer, agent, manager, and principle of that entity;

(b) Location(s) of the applicant, including a mailing address and registered agent;

(d) Electronic mail address of the applicant if available;

(e) Ownership structure of the applicant, e.g. proprietorship, partnership, corporation, limited liability company, etc.;

(f) If an applicant or any of its associated officers, agents, or partners have had or have been found to have violated of the Federal Seed Act, the Oregon Seed Law, or any other state’s laws related to agricultural, flower, or vegetable seed within the 36 months prior to the date of the application, or if the applicant or any of its associated officers, agents, or partners has received a penalty or penalties totaling $10,000 or more related to agricultural, flower, or vegetable seed dealings or has been placed on probation, had a license suspended, or had a license revoked for any licenses related to agricultural, flower, or vegetable seed dealings.

(3) The department shall furnish first time seed dealer licensees with copies of the Oregon Seed Law. All first time licensees shall read the documents provided.

(4) Department staff shall contact first time licensees during their initial annual licensing period in order to provide education to aid in complying with the Oregon Seed Law.

(5)(a) The department may refuse to issue, reissue, or renew a person’s seed dealer license when that person’s license has been suspended and the person is not yet eligible for reissuance, when the person’s license has been revoked, or when that person was an officer of another entity at the time when that entity committed action that resulted in its seed dealer license being suspended or revoked, or when a person who exercised substantial control over the seed industry activities of a seed dealer at the time of an event that resulted in the seed dealers license being suspended or revoked.

(b) The department must notify an applicant of its decision to refuse to issue, reissue, or renew a seed dealer license in writing as a contested case order that is consistent with ORS Chapter 183.430 and ORS 183.415 and shall serve its notice on the applicant and on any party to the previous action resulting in suspension of the seed dealer’s license.

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.711
DOA 9-2020, amend filed 07/14/2020, effective 07/14/2020
AD 5-1996, f. & cert. ef. 6-7-96

Or. Admin. R. 603-056-0060 Probation, Suspension, Revocation and Re-issuance of Seed Dealer License

(1) In addition to any lawful penalty, the department may impose probation upon a licensee upon issuance of a Notice of Imposition of Civil Penalty or upon issuance of a Notice of Violation. The department shall impose probation upon any licensee when a seed dealer license has been suspended or revoked, to become effective upon reissuance of a suspended or revoked license.

(a) When imposed, probation shall be established for the purpose of requiring, monitoring, and documenting of corrective actions of the licensee which relate to violations of the Oregon Seed Law or for requiring, monitoring, and documenting compliance with the Oregon Seed Law.

(b) The department will base the decision of whether to impose probation on whether it determines that probation would be appropriate and beneficial for requiring, monitoring, and documenting corrective actions or for requiring, monitoring, or documenting compliance with the Oregon Seed Law. The department shall base the decision of and the duration of a probationary period on consideration the magnitude of violation as described in OAR 603-056-0540 and the gravity of circumstance as described in OAR 603-056-0540 as follows:

(A) Up to one year a Category III (Minor) violation where the department issued either a Notice of Violation or Notice of Imposition of Civil Penalty of less than $2,500.

(B) One to three years for the following:

(i) Category III (Minor) violation where the department issued a Notice of Imposition of Civil Penalty greater than or equal to $2,500; or

(ii) Category II (Moderate) violation where the department issued a Notice of Violation; or

(iii) Category II (Moderate) violation where the department issued a Notice of Imposition of Civil Penalty less than $20,000.

(i) Category II (Moderate) violation where the department issued a Notice of Imposition of Civil Penalty greater than or equal to $20,000; or

(iii) Any Category I (Major) violation where the department issued a Notice of Violation or Notice of Imposition of Civil Penalty.

(2) The department may order suspension of a seed dealer license. The department will base the decision of whether to suspend a seed dealer license on the magnitude of violation(s), gravity of circumstance ascribed to the violation(s) as described in OAR 603-056-540, past occurrences of violations and volume of seed as described in OAR 603-056-0530, and other factors the department considers appropriate.

(a) The department may suspend a license for the following:

(A) Any Category I (Major), Category II (Moderate), or Category III (Minor) violation where the department issued a Notice of Violation or Notice of Imposition of Civil Penalty.

(B) Any violation of Oregon Seed Law.

(b) The department may order a suspension concurrently with the issuance of a Notice of Violation or a Notice of Imposition of Civil Penalty or through a separate enforcement action.

(c) The department shall base the duration of a suspension period on magnitude of the violation(s), the gravity of circumstance ascribed to the violation(s), and past occurrence of violations as follows and may consider any other factors it considers appropriate when setting a suspension period within the allowable ranges below:

(A) Up to three years for the following:

(i) Category III (Minor) violation where the department issued either a Notice of Violation or Notice of Imposition of Civil Penalty.

(ii) Category II (Moderate) violation where the department issued either a Notice of Violation or Notice of Imposition of Civil Penalty.

(ii) Up to five years for the following:

(i) Category I (Major) violation where the department issued either a Notice of Violation or Notice of Imposition of Civil Penalty.

(3) The department may order revocation of a seed dealer license. The department will base the decision of whether to revoke a seed dealer license on the magnitude of violation(s),the gravity of circumstance ascribed to the violation(s) as described in OAR 603-056-540, past occurrences of violations and volume of seed as described in OAR 603-056-0530, and any other factors the department considers appropriate. .

(a) The department may revoke a license for the following:

(A) Any Category I (Major) or Category II (Moderate) violation where the department issued a Notice of Imposition of Civil Penalty.

(B) Any violation of Oregon Seed law.

(b) The department may order revocation concurrently with the issuance of a Notice of Violation or a Notice of Imposition of Civil Penalty or through a separate enforcement action.

(4) The department may reissue a license that has been suspended or revoked as follows:

(a) The department may reissue a suspended license only when all of the following have occurred:

(i) Person(s) have completed any corrective actions ordered by the department; and

(ii) In the case where a Notice or Notices of Imposition of Civil Penalty were issued, person(s) have paid all civil penalties imposed; and

(iii) The suspension period has expired.

(iv) Person(s) have re-applied for a license as described in OAR 603-056-0050.

(b) The department may, but is not required to, reissue a revoked license. The department shall only consider reissuing a revoked license when all of the following have occurred:

(i) Person(s) have completed any corrective actions ordered by the department; and

(ii) In the case where a Notice or Notices of Imposition of Civil Penalty were issued, person(s) have paid all civil penalties imposed; and

(iii) A time period has elapsed from the date of the revocation of the license of at least three years for a Category II (Moderate) violation or five years for a Category I (Major) violation.

(iv) Person(s) have re-applied for a license as described in OAR 603-056-0050.

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.711
DOA 9-2020, amend filed 07/14/2020, effective 07/14/2020
AD 5-1996, f. & cert. ef. 6-7-96

Or. Admin. R. 603-056-0095 Seed Dealer License Fees

The following designated annual license fees shall be applicable to each described activity under authority of ORS 633.700:

(1) Seed retailer: $40; and

(2) Seed wholesaler: $750.

History

Statutory/Other Authority: ORS 561.190 & 633.700
Statutes/Other Implemented: ORS 633.700
DOA 8-2016, f. & cert. ef. 4-15-16
DOA 11-2014, f. & cert. ef. 7-28-14
DOA 18-2000, f. & cert ef. 6-14-00
AD 18-1993, f. & cert. ef. 12-1-93
AD 12-1993(Temp), f. 8-20-93, cert. ef. 8-23-93
AD 1-1992, f. & cert. ef. 2-3-92
AD 5-1991(Temp), f. 6-28-91, cert. ef. 7-1-91
AD 3-1990, f. & cert. ef. 3-16-90
AD 30-1977, f. & cert. ef. 12-30-77

Or. Admin. R. 603-056-0101 Record keeping

The following recordkeeping obligations apply to seed dealers and seed conditioners:

(1) Seed dealers and seed conditioners shall keep a complete record for each lot of seed for a period of three years after the final disposition of the lot of seed.

(2) Seed dealers and seed conditioners shall make available to the department any records that they are required to keep under this section upon request of the department. In addition to committing a violation and being subject to enforcement action for that violation, persons who fail to make available records to the department shall be considered uncooperative for the purposes of determining gravity of circumstance as described in OAR 603-056-540 and civil penalty amount as described in OAR 603-056-540 for any violation that is related to the records that were not made available.

(3) Any person who is involved in seed dealings shall make available to the department upon request, any records or documents related to their own transactions with respect to each lot of seed.

History

Statutory/Other Authority: ORS 633.680 & ORS 561
Statutes/Other Implemented: ORS 633.680
DOA 9-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 603-056-0105 Labeling of Seed Containers

(1) The labeling of seed containers or bins, required by ORS 633.520, 633.531, 633.541 and 633.545, shall not be smaller than eight point type.

(2) The person who sells, offers for sale or transports agricultural or vegetable seed within this state shall be responsible for the required labeling.

(3) In addition to the statutory labeling requirements, seed packaged in hermetically sealed containers shall also be labeled to indicate that the seed has been preconditioned as to moisture con-tent and that the container has been hermetically sealed. The hermetically sealed containers may also be labeled with the statement “germination test valid until (month and year),” but the date shall not be more than 36 months after the test date.

(4) As provided in ORS 633.520(1), in addition to the name of the kind, the following seeds shall be labeled with one of the variety names or the statement “variety not stated”: Alfalfa; Bahiagrass; Barley; Bean, field; Beet, field; Brome, smooth; Broomcorn; Clover, crimson; Clover, red; Clover, white; Corn, field; Corn, pop; Cotton; Cowpea; Fescue, tall; Flax; Lespedeza, striate; Millet, foxtail; Millet, pearl; Oat; Pea, field; Peanut; Rice; Rye; Safflower; Sorghum; Sorghum-Sundangrass, hybrid; Soybean; Sudangrass; Sunflower; Tobacco; Trefoil, birdsfoot; Wheat, common; and Wheat, durum. In the event two or more varieties of agricultural seed are packaged in one container, the label shall contain the kind, variety and percentage of each, in addition to the term “mixture” or “mixed seed.”

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.520, 633.531, 633.541 & 633.545
AD 8-1983, f. & ef. 7-19-83

Or. Admin. R. 603-056-0125 Lot Sizes

(1) In order to facilitate the Department’s activities under ORS 633.670 and 633.680, the following agricultural seeds shall be limited to lot sizes of 55,000 pounds each:

(a) Bentgrass (Agrostis species);

(b) Bluegrass (Poa species);

(d) Clover (Trifolium species);

(e) Fescue (Festuca species);

(f) Meadow Foxtail (Alopecurus pratensis);

(g) Orchardgrass (Dactylis glomerata);

(h) Ryegrass, perennial (Lolium perenne);

(i) Timothy (Phleum pratense);

(j) Wheatgrass (Agropyron species);

(k) Ryegrass, Annual or Italian (Lolium-multiflorum);

(l) Ryegrass, Wimmera (Lolium rigidum);

(m) Vetch, Hairy (Vicia villosa);

(n) Vetch, Other (Vicia spp.).

(2) There shall be allowed a five percent tolerance in determining compliance with the provisions of section (1) of this rule.

(3) All laboratory analysis or test reports shall indicate the lot size applicable to the sampled seed.

(4) The lot size limitations established in section (1) of this rule shall not apply to agricultural seeds in lots contained in a single container exceeding 55,000 pounds, so long as such seed remains in such container (i.e., railroad hopper car).

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.680
AD 8-1983, f. & ef. 7-19-83
AD 1064(10-75), f. 7-21-75, ef. 8-11-75
AD 1039(29-74), f. 8-20-74, ef. 9-11-74

Or. Admin. R. 603-056-0130 Labeling of Sod Quality for Varieties of Agricultural Seed

In addition to the labeling requirements of ORS 633.520 and rules promulgated thereunder, and in the event seed is found to meet the sod quality standards established by the Department, the seed varieties as described in OAR 603-056-0145, may be labeled as “Oregon Sod Quality Seed” by the permanent attachment of a tag, as prescribed in 603-056-0135, to the container thereof. As used in this rule “permanent” means until delivery of the seed to the ultimate purchaser.

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.680
AD 9-1982, f. & ef. 9-9-82
AD 1040(30-74), f. 8-20-74, ef. 9-11-74

Or. Admin. R. 603-056-0135 Description and Use of Tags for Sod Quality Seed

(1) The official tag referred to in OAR 603-056-0130 shall be prepared and issued by the Department; be numerically identified; and set forth the kind and variety, lot number and date of issuance. Duplicate tags shall be attached to each container of the lot of seed qualifying as sod quality. No person shall attach such tag to any container or lot not qualifying as therein indicated nor remove such tag prior to delivery of the seed to the ultimate purchaser.

(2) A sample form of the tag is herewith reproduced for informational purposes (coloring of which may be modified). (See Exhibit 1.)

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.680
AD 8-1983, f. & ef. 7-19-83
AD 9-1982, f. & ef. 9-9-82
AD 1040(30-74), f. 8-20-74, ef. 9-11-74

Or. Admin. R. 603-056-0140 Application, Fees, and Procedures for Sod Quality Qualification

Any person desiring to have his seed qualify as “Oregon Sod Quality Seed” shall:

(1) Request the Department or Oregon State University obtain seed samples for this purpose. Should such sampling be apart from and in addition to that performed by the Department or Oregon State University in their regulatory or other certification activity, the person requesting such sampling shall pay to the Department the fees chargeable for sampling under OAR 603-056-0305. In addition, such person shall pay to the Department a fee of $.20 each for the issuance of the tags described in 603-056-0135.

(2) The testing of such seed samples obtained shall be performed by authorized personnel of Oregon State University in accordance with the standards prescribed in OAR 603-056-0145.

(3) The person requesting such seed qualification shall be responsible for having a copy of the seed test results communicated by Oregon State University to the Department.

(4) If the sample subject to testing for “Oregon Sod Quality Seed” qualification is from a regularly Certified Seed lot, only part of which is to be qualified as “Oregon Sod Quality Seed,” then a separate sample shall be required from that part of the lot to be so qualified.

(5) Notwithstanding any other provisions of this section, the Director may accept sod quality testing results from laboratories that are recognized by Oregon State University for Seed Certification testing.

History

Statutory/Other Authority: ORS 561.190, 632 & 633.680
Statutes/Other Implemented: ORS 633.680
DOA 19-2000, f. & cert. ef. 6-14-00
DOA 16-1999, f. & cert. ef. 7-1-99
DOA 7-1998, f. & cert. ef. 8-10-98
AD 16-1991, f. & cert. ef. 9-10-91
AD 9-1982, f. & ef. 9-9-82
AD 11-1981, f. & ef. 7-6-81
AD 1040(30-74), f. 8-20-74, ef. 9-11-74

Or. Admin. R. 603-056-0145 Standards for Sod Quality Certification

(1) The seed lots submitted shall meet all standards for certification by Oregon State University.

(2) The seed standards for "Oregon Sod Quality Seed" of hard fescue, sheep fescue, blue fescue, Kentucky bluegrass, red fescue, chewings fescue, perennial ryegrass, bentgrass and tall fescue shall be as set out in Table 1.

(3) "Noxious Weed" and "Crop and Weed" analyses shall be based on a 20 gram sample for hard fescue, sheep fescue and blue fescue, 25 gram sample for Kentucky bluegrass (except a 10 gram Poa annua search), 30 gram sample for red fescue and chewings fescue, 50 gram sample for ryegrass and tall fescue, and a 2-1/2 gram sample for bentgrass. Testing shall be discontinued when results of the tests exceed the maximum limits set forth in Table 1.

[ED. NOTE: Tables referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 561.190 & 633.520
Statutes/Other Implemented: ORS 633.680
DOA 18-2011, f. & cert. ef. 10-4-11
DOA 10-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-20-11
DOA 25-2000, f. & cert. ef. 9-15-00
AD 1-1991, f. & cert. ef. 1-14-91
AD 3-1990, f. & cert. ef. 3-16-90
AD 9-1982, f. & ef. 9-9-82
AD 2-1979, f. & ef. 1-29-79
AD 1060(6-75), f. 5-30-75, ef. 6-25-75
AD 1040(30-74), f. 8-20-74, ef. 9-11-74

Or. Admin. R. 603-056-0160 Labeling of Endophyte Fungus Tested Grass Seed

(1) In addition to the labeling requirements of ORS 633.520, and rules promulgated thereunder, and in the event forage grass seed is found to meet the tolerance standard for endophyte fungus, as specified in OAR 603-056-0170(3), then the forage grass seed may be labeled as having been satisfactorily tested for endophyte fungus through the attachment of a tag prescribed in section (2) of this rule.

(2) The tag referred to in section (1) of this rule shall be prepared and issued by the Department, be numerically identified, and set forth the date, lot number and kind of seed. Duplicate tags shall be attached to each container of the lot of qualifying seed. A sample form of the prescribed tag is herewith reproduced for informational purposes (see Exhibit 2). An applicant for endopyhyte fungus testing shall pay the Department a fee of $.20 for each tag or duplicate tag issued.

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561.190 & 633.680
Statutes/Other Implemented: ORS 633.680
DOA 19-2000, f. & cert. ef. 6-14-00
AD 16-1991, f. & cert. ef. 9-10-91
AD 12-1983, f. & ef. 9-20-83

Or. Admin. R. 603-056-0165 Application and Fees for Endophyte Fungus Testing

(1) An application for endophyte fungus testing shall be made on a form prescribed by the Department, which shall include the consent of the applicant for the Department to enter premises in order to obtain seed samples for testing purposes.

(2) At the time seed samples are obtained, unless the Department specifies a later time, the applicant shall pay to the Department a fee as set forth in 603-052-1150. The fees specified in this rule are for the purpose of defraying expenses incurred by the Department, and any other cooperating agency, in carrying out the sampling and testing procedures to determine the existence of endophyte fungus in forage grass seed, and payment of the fee shall not be construed as granting any right or privilege to an applicant.

History

Statutory/Other Authority: ORS 561.190 & 633.680
Statutes/Other Implemented: ORS 633.680
DOA 9-2003, f. & cert. ef. 1-14-03
AD 16-1991, f. & cert. ef. 9-10-91
AD 12-1983, f. & ef. 9-20-83

Or. Admin. R. 603-056-0170 Procedures and Tolerance Standard for Endophyte Fungus Testing

(1) Sampling of forage grass seed shall be performed by the Department on a random basis so as to obtain a representative sample of the lot of seed. Sampling procedures shall be consistent with those set forth in the Joint Rules and Regulations for the Enforcement of the Federal Seed Act, 7 CFR SS201.201–201.230.

(2) Testing of forage grass seed samples shall include the seed staining technique or other scientifically recognized diagnostic tests for the presence of endophyte fungus in grass seed. Testing shall be performed by the Department, or in whole or in part by such other cooperating agency it may designate.

(3) A forage grass seed sample shall be considered satisfactorily tested for endophyte fungus, Epichloe typhina (Acremonium coenophialum), or the metabolites thereof, if the test of the seed sample indicates a level of five percent or less.

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.680
AD 12-1983, f. & ef. 9-20-83

Or. Admin. R. 603-056-0205 Prohibited and Restricted Noxious Weed Seed

(1) As provided in ORS 633.561 and 633.571, the following are declared as prohibited noxious weed seeds:

(a) Austrian peaweed (Sphaerophysa salsula);

(b) Bearded creeper (Crupina vulgaris);

(d) Camelthorn (Alhagi camelorum);

(e) Dalmatian toadflax (Linaria dalmatica);

(f) Dyers woad (Isatis tinctoria);

(g) Fieldcress, Austrian (Rorippa austriaca);

(h) Garlic, wiId (Allium vineale);

(i) Goatgrass, jointed (Aegilops spp.);

(j) Halogeton (Halogeton glomeratus);

(k) Italian and slenderfIower thistle (Carduus pycnocephalus and C. tenuiflorus);

(l) Knapweeds Russian, diffuse, spotted and squarrose (Centaurea [=Acroptilon] repens, C. diffusa, C. maculosa and C. virgata);

(m) Musk thistle (Carduus nutans);

(n) Perennial pepperweed (Lepidium latifolium);

(o) Quackgrass (Elytrigia [=Agropyron] repens);

(p) Ragwort, tansy (Senecio jacobaea);

(q) Serrated tussock (Nasella trichotoma);

(r) Skeletonweed (Chondrilla juncea);

(s) Sowthistle, perennial (Sonchus arvensis);

(t) Spurge, leafy (Euphorbia esula);

(u) Starthistles, Malta, yellow, Iberian and purple (Centaurea melitensis, C. solstitialis, C. iberica and C. calcitrapa);

(v) Thistle, Canada (Cirsium arvense);

(w) White top (Cardaria draba and its varieties, and C. pubescens).

(2) As provided in ORS 633.561 and 633.571, the following are declared as restricted noxious weed seeds with the maximum allowable number of seeds per pound: Maximum Allowed Per Pound:

(a) Bedstraw (Galium tricorne) — 45;

(b) Dodder (Cuscuta spp.) — 9;

(d) Ragweed (Ambrosia artemisiifolia) — 18;

(e) Medusahead rye (Elymus caput-medusae) — 45;

(f) St. Johnswort or goatweed (Hypericum perforatum) — 180.

(3) Any lot of agricultural seed or vegetable seed found containing prohibited noxious weed seeds or restricted noxious weed seeds in excess of the allowable number per pound, may be embargoed, seized or detained as authorized by ORS 633.670(3). The embargoed, seized or detained seed may be released if treated to destroy the viability of the noxious weed seed. Any treatment to destroy the viability of noxious weed seed shall include the grinding or incineration of the screenings so that no whole noxious weed seed are visible upon inspection.

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.680
AD 5-1996, f. & cert. ef. 6-7-96
AD 7-1989, f. & cert. ef. 5-26-89
AD 1-1989(Temp), f. & cert. ef. 1-26-89
AD 8-1983, f. & ef. 7-19-83

Or. Admin. R. 603-056-0210 Embargo, Seizure, Detention or Quarantine of Seed

Any embargo or seizure of agricultural seed or vegetable seed under the authority of ORS 633.670(3), and any quarantine or detention of agricultural seed or vegetable seed under the authority of 633.690, shall conform to the requirements of 561.605 to 561.630 relating to the exercise of the Department’s seizure, detention and embargo powers.

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.680
AD 8-1983, f. & ef. 7-19-83

Or. Admin. R. 603-056-0305 Regular Fees and Charges for Seed Sampling and Inspection

The following fees and charges are established for the services indicated. For Official Verification services, including but not limited to: fumigation, seed treatment, check-weighing and check loading, a charge of $48 per hour shall apply. Chargeable time shall be computed to the nearest one-half hour, but shall not include travel time from the Department office to an inspection point. For Official Sampling services, a charge of $36 minimum shall apply for each call:

(1) $36 for the first lot sampled;

(2) $6 for each additional lot sampled;

(3) In instances were the first lot sampled and subsequent additional lots sampled equal an amount less than $48 per hour; an hourly charge of $48 per hour shall apply. Chargeable time shall be computed to the nearest one-half hour, but shall not include travel time from the Department office to an inspection point.

(4) The Department shall charge a fee of $50, for each occurrence, when services are requested and the seed lot is inaccessible.

History

Statutory/Other Authority: ORS 561.190, 632 & 633.680
Statutes/Other Implemented: ORS 561, 632 & 633.680
DOA 11-2010, f. & cert. ef. 7-12-10
DOA 19-2000, f. & cert. ef. 6-14-00
AD 16-1991, f. & cert. ef. 9-10-91
AD 8-1983, f. & ef. 7-19-83
AD 11-1981, f. & ef. 7-6-81
AD 1100(21-76), f. & ef. 7-20-76
AD 865(1-68), f. 1-22-68, ef. 2-1-68

Or. Admin. R. 603-056-0310 Phytosanitary Certificates

(1) Certificate issuance (five copies) — $5.

(2) Each additional copy — $1.

(3) Each lot must be officially sampled and the sample must be current; complete information necessary for issuance of the certificate must be received by the Department in writing; and in the case of seed, an official seed laboratory report received indicating the lot meets import requirements of the receiving country prior to issuance. Field inspections are required for some seed exported to some countries.

History

Statutory/Other Authority: ORS 561.190, 632 & 633.680
Statutes/Other Implemented: ORS 561, 632 & 633.680
DOA 19-2000, f. & cert. ef. 6-14-00
AD 16-1991, f. & cert. ef. 9-10-91
AD 8-1983, f. & ef. 7-19-83
AD 11-1981, f. & ef. 7-6-81
AD 865(1-68), f. 1-22-68, ef. 2-1-68

Or. Admin. R. 603-056-0315 Field Inspection Fees and Charges Relating To Seed

The fees and charges for seed field inspections required for the issuance of certificates by the Department are established at $6.50 per acre for each field with a minimum fee of $50 for each field inspected and a maximum fee of $450 per field. The fee for processing all applications for field inspection shall be $3 for each application; this includes applications for inspecting bean seed fields for certification for replanting in Malheur County. Bean seed fields inspected for certification for replanting in Malheur County shall have inspection fees of $3.50 per acre per inspection with a minimum per field charge of $30. Applications must be postmarked by April 1 for fall planted or perennial crops and May 1 for spring planted crops. Late applications may be charged the established rate for time and mileage, which is higher than the fees listed above.

History

Statutory/Other Authority: ORS 561, 632 & 633
Statutes/Other Implemented: ORS 561, 632 & 633.680
DOA 10-2010, f. & cert. ef. 4-21-10
DOA 3-2000, f. & cert. ef. 1-11-00
AD 18-1994, f. & cert. ef. 11-10-94
AD 8-1983, f. & ef. 7-19-83
AD 11-1981, f. & ef. 7-6-81
AD 1100(21-76), f. & ef. 7-20-76
AD 865(1-68), f. 1-22-68, ef. 2-1-68

Or. Admin. R. 603-056-0320 Miscellaneous Fees and Charges for Seed Sampling and Inspection

In the event the conditions of the request, or in the event an applicant’s failure to have seed, hay or straw available for inspection or service at the designated time and place, results in the need for additional mileage or time, such shall be charged in accordance with the regular fees and charges prescribed in OAR 603-056-0305.

History

Statutory/Other Authority: ORS 561, 632 & 633
Statutes/Other Implemented: ORS 561, 632 & 633.680
DOA 19-2000, f. & cert. ef. 6-14-00
AD 1100(21-76), f. & ef. 7-20-76
AD 865(1-68), f. 1-22-68, ef. 2-1-68

Or. Admin. R. 603-056-0400 Germination of Vegetable Seeds

(1) The Oregon Standards of germination percentages as established are as follows: Kind of Seed — Oregon Standard Germination:

(a) Asparagus — 70;

(b) Beans (other than Limas) — 70;

(d) Beans, Lima (small) — 80;

(e) Beets — 65;

(f) Broccoli — 75;

(g) Brussels Sprouts — 70;

(h) Cabbage — 75;

(i) Carrot — 55;

(j) Cauliflower — 75;

(k) Celery — 55;

(l) Celery cabbage — 75;

(m) Celeriac — 55;

(n) Chard, Swiss — 65;

(o) Chicory — 65;

(p) Citron — 65;

(q) Collard — 80;

(r) Corn (sweet) — 75;

(s) Cucumber — 80;

(t) Dill — 60;

(u) Egg plant — 60;

(v) Endive — 70;

(w) Kale (edible) — 75;

(x) Kohl Rabi — 75;

(y) Leek — 60;

(z) Lettuce — 80;

(aa) Muskmelon — 75;

(bb) Mustard — 75;

(cc) Okra — 50;

(dd) Onion — 70;

(ee) Parsley — 60;

(ff) Parsnip — 60;

(gg) Peas — 80;

(hh) Peppers — 55;

(ii) Pumpkin — 75;

(jj) Radish — 75;

(kk) Rutabaga — 75;

(ll) Salsify — 75;

(mm) Spinach — 60;

(nn) Squash — 75;

(oo) Tomatoes — 75;

(pp) Turnips — 80;

(qq) Watermelons — 70.

(2) Vegetable seeds and packages of such vegetable seeds may be labeled with the words “Oregon Standard Germination” in lieu of the approximate percentage of germination when the percentage of germination of such seed is equal to or greater than the percentage established in these standards.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.680
AD 930(15-70), f. 12-17-70, ef. 1-15-71
AD 213, f. 7-9-45, ef. 7-16-45

Or. Admin. R. 603-056-0410 Germination Tests

The germination test for agricultural and vegetable seed in hermetically sealed containers shall have been completed within the following period, exclusive of the calendar month in which the test was completed, immediately prior to shipment, delivery, transportation, or sale:

(1) In the case of agricultural or vegetable seeds shipped, delivered, transported, or sold to a dealer for resale, 18 months;

(2) In the case of agricultural or vegetable seeds for sale or sold at retail, 36 months.

History

Statutory/Other Authority: ORS 561.190 & 633.680
Statutes/Other Implemented: ORS 633.680
AD 865(1-68), f. 1-22-68, ef. 2-1-68

Or. Admin. R. 603-056-0415 Conditions of Packaging

The following conditions are considered as a minimum for packaging seed in hermetically sealed containers:

(1) A container shall not allow water vapor penetration through any wall, including the wall seals, greater than 0.05 gram of water per 24 hours per 100 square inches of surface at 100°F with a relative humidity on one side of 90 percent and on the other of zero percent. Water vapor penetration or WVP is measured by the standards of the U.S. Bureau of Standards as:

gm. H20/24 hr./100 sq.in./100°F/90%RH V. 0% RH

(2) The percentage of moisture, on a wet weight basis, of agricultural or vegetable seeds subject to the provisions of this rule shall not exceed the following: Maximum Percent Seed Moisture:

(a) Gramineae Family:

(A) Sweet corn — 8.0;

(B) Kentucky bluegrass — 8.0;

(D) Perennial ryegrass — 8.0.

(b) Liliaceae Family: Onion, leek, chive, welsh onion — 6.5;

(A) Beet, chard — 7.5;

(B) Spinach — 8.0.

(d) Cruciferae Family: Cabbage, broccoli, cauliflower, collards, Chinese cabbage, kale, turnip, rutabaga, kohlrabi, Brussels sprouts, mustard, radish — 5.0;

(e) Leguminosae Family:

(A) Snap bean, lima bean, pea — 7.0;

(B) Crimson clover — 8.0.

(f) Umbelliferae Family:

(A) Carrot, celery, celeriac — 7.0;

(B) Parsnip — 6.0;

(g) Solanaceae Family:

(A) Tomato — 5.5;

(B) Pepper — 4.5;

(h) Cucurbitaceae Family:

(A) Cucumber, muskmelon, squash, pumpkin — 6.0;

(B) Watermelon — 6.5.

(i) Compositae Family: Lettuce — 5.5;

(j) All other agricultural or vegetable seed not listed above — 8.0;

(k) Turf or Pasture Seed Mixtures — 8.0.

(3) A tolerance of one (1.0) percent moisture is applicable to the maximum percentage of moisture listed in section (2) of this rule and the percentage of moisture found by an official test. The percentage of moisture shall be determined by the air oven method.

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.680
AD 8-1983, f. & ef. 7-19-83
AD 865(1-68), f. 1-22-68, ef. 2-1-68

Or. Admin. R. 603-056-0431 Chemically Treated Seed

(1) As used in this rule:

(a) “Treated seed” means agricultural seed, including grain intended for planting purposes, and vegetable seed, which have been injected, coated, sprayed or otherwise intentionally exposed to a pesticide as defined in ORS 634.006(8);

(b) “Common name of the pesticide” means the name or abbreviation of a name of the substance as it appears on the pesticide label.

(2) In addition to the labeling requirements of ORS 633.520, 633.531 and 633.541, each container of treated seed shall:

(a) Be labeled in compliance with any direction for labeling treated seed as indicated on the label of the seed treatment pesticide;

(b) Be clearly labeled that the seed has been treated, e.g., “treated seed — (common name of the pesticide),” “this seed treated with (common name of the pesticide)”; “(common name of the pesticide) treated,” or “treated with (common name of the pesticide) — do not use for feed.” If there is no common name of the pesticide the generally known chemical name, or abbreviation of the name, shall be used. The term “mercurial,” “mercury,” “mercury compound,” or “mercurial seed treatment” may be used as the common name of the seed treatment pesticide containing mercury or a form of mercury.

(3) In addition to the labeling requirements of section (2) of this rule, if the seed treatment pesticide is one determined to be harmful to humans or other vertebrate animals, then the containers of the treated seed shall:

(a) Be labeled with a sign of a skull and crossbones, and the word “Poison” printed in red on a white background or the reverse thereof;

(b) Be labeled with a warning or caution statement identifying the particular hazards involved in handling the treated seed (e.g., skin contact, inhalation, swallowing), and a statement of any known characteristics of poison from the pesticide along with the identity of an antidote and method of administering it, which label shall substantially conform to the same information on the label of the seed treatment pesticide.

(4) Only those pesticides registered for seed treatment purposes by the U.S. Environmental Protection Agency or by the Department may be used for seed treatment.

History

Statutory/Other Authority: ORS 561 & 633
Statutes/Other Implemented: ORS 633.680
AD 8-1983, f. & ef. 7-19-83

Or. Admin. R. 603-056-0500 Purpose, Scope and Effective Date

(1) Any person who violates any provision the Oregon Seed Law or the terms or conditions of any final order issued by the department under the Oregon Seed Law shall be subject to any penalty or enforcement action allowable under the Oregon Seed Law, including, but not necessarily limited to, a Notice of Violation, a Notice of Civil Penalty with a civil penalty not to exceed $10,000 per violation, probation, and suspension or revocation of their seed dealer’s license. The department shall provide notice and the right to contested case hearing in accordance with ORS 183.310 to ORS 183.550 for all final orders issued under the Oregon Seed Law.

(2) The rules contained in chapter 603, division 56 shall apply to all department action that is commenced after the effective date of the rules. If the Department has commenced an action prior to the effective date of these rules, but a final order has not yet been issued, the rules in effect at the time of the commencement of the action will apply. An action is commenced when the Department serves a Notice of Violation or Notice of Civil Penalty or other order on a person.

History

Statutory/Other Authority: ORS 633.996
Statutes/Other Implemented: ORS 561.305 & Ors 633.996
DOA 9-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 603-056-0510 Enforcement Procedures

(1) For a violation classified as Category I under OAR 603-056-0530, the Department may, but is not required to, issue a Letter of Advisement. Failure to complete the recommended corrective action within the specified time period or repeated violations may result in the issuance of a Notice of Violation or Notice of Civil Penalty.

(2) For a violation classified as Category II under OAR 603-056-0530, the Department may, but is not required to, issue a Letter of Advisement. Failure to complete the recommended corrective action within the specified time period or repeated violations may result in the issuance of a Notice of Imposition of Civil Penalty. For repeat violations or violations committed willfully, intentionally, or knowingly or for flagrant violations, the Department may issue a Notice of Violation or Notice of Imposition of Civil Penalty without first issuing a Letter of Advisement.

(3) For a violation classified as Category III under OAR 603-056-0530, the Department may issue a Notice of Violation or a Notice of Imposition of Civil Penalty.

(4) Notices of Violation and Notices of Imposition of Civil Penalty shall be imposed as provided in ORS 183.745 and OAR 137-003-0501 through OAR 137-003-0700.

(5) Notices of Violation and Notices of Imposition of Civil Penalties may also include additional information deemed appropriate by the department, including but not limited to the following:

(a) A statement that the record of the proceeding to date, including information in the Department’s file or files on the subject of the contested case and all materials submitted by a person, automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and

(b) A statement that a collaborative dispute resolution process is available if the person requests a hearing as stated in the notice.

(8) The department may consolidate separate and distinct violations against a person for the assessment of multiple civil penalties for multiple violations. Prior to the referral of a case to the Office of Administrative Hearings, the department may consolidate actions by issuing a single Notice of Violation or Notice of Civil Penalty (or any amendment thereto) that details multiple violations. After referring the case to the Office of Administrative hearings, the department may request that an Administrative Law Judge consolidate actions by filing or a making motion.

History

Statutory/Other Authority: ORS 561, 633 & 183.335 (5)
Statutes/Other Implemented: ORA 183.745 & 633.680
DOA 9-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 603-056-0520 Entry of Order and Appeal Rights

(1) If a person, having been served a Notice of Violation or a Notice of Imposition of Civil Penalty, fails to request a hearing as specified in OAR 603-056-0510(5)(f), or if a hearing is not held for any reason, or after the hearing, a final order may be issued by the Director.

(2) The final order shall be signed by the Director.

(3) A final order becomes final by operation of law or on appeal. A civil penalty assessed must be paid within 10 days after the order becomes final. The order may be recorded with the county clerk in any county of this state.

History

Statutory/Other Authority: ORS 561, 633 & 183.335 (5)
Statutes/Other Implemented: ORS 183.745 & 633.680
DOA 9-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 603-056-0530 Determination of Civil Penalty Amount

(1) In determining the amount of a civil penalty to be assessed for a violation, the Department shall calculate the amount of the civil penalty using the following formula:

(2) If the formula in this rule generates a civil penalty for a single violation that exceeds $10,000, the department shall instead assess a civil penalty of $10,000 for that violation.

(3) If the formula in this rule generates a civil penalty for a single violation that is less than the base penalty amount for that violation, the department shall instead assess the base penalty amount.

(4) The department may, but is not required to, reduce or remit a civil penalty upon request during a contested case hearing on that civil penalty and upon such terms and conditions as the department considers proper and consistent with public health and safety or otherwise consistent with purpose of the Oregon Seed Law.

History

Statutory/Other Authority: ORS 561, 633 & 183.335 (5)
Statutes/Other Implemented: ORS 183.745 & ORS 633.680
DOA 9-2020, adopt filed 07/14/2020, effective 07/14/2020

Or. Admin. R. 603-056-0540 Civil Penalties; Magnitude of Violation and Gravity of Circumstance

(1) When calculating a civil penalty for a violation, the department will determine the base penalty (B) by determining the magnitude of the violation as specified in section (2) of this rule and the gravity of circumstance pertinent to the violation as specified in section (3) of this rule.

(2) Magnitude of Violation: Violations are categorized as to their magnitude of violation as follows:

(a) Category III (Minor) violations are as follows:

(A) Selling, offering for sale, or exposing for sale in the state of Oregon any agricultural or bulk flower seed that is not labeled or is mislabeled as to the total percentage, by weight, of inert matter.

(B) Selling, offering for sale, or exposing for sale in the state of Oregon any agricultural or bulk flower seed that is not labeled or is mislabeled with respect to the month and year beyond which an inoculant, if shown in the labeling, is no longer claimed to be effective.

(b) Category II (Moderate) violations are as follows:

(A) Selling, offering for sale, or exposing for sale in the state of Oregon any agricultural, flower, or vegetable seed that is not labeled or is mislabeled as to origin, other crop seed, weed seed, percentage of hard seed, month and year of testing, or name and address of labeler or seller.

(B) Selling, offering for sale or exposing for sale in the state of Oregon any agricultural, flower, or vegetable seed shipped, delivered, transported or sold to a dealer for resale that has not been tested to determine the percentage of germination within the preceding 18 months.

(C) Selling, offering for sale or exposing for sale in the state of Oregon any hermetically sealed seed to be sold at retail that has not been tested within the preceding 36 months to determine the percentage of germination.

(D) Failing to keep all records required by Oregon law (ORS chapter 633, any rule adopted pursuant thereto or any of the terms or conditions of an order issued pursuant thereto).

(E) Selling, offering for sale or exposing for sale in the state of Oregon any agricultural, flower or vegetable seed without a valid Oregon seed dealer’s license.

(A) Selling, offering for sale or exposing for sale in the state of Oregon any agricultural, flower, or vegetable seed that bears a label that is false or misleading in any particular way that is not otherwise specified in this rule.

(B) Selling, offering for sale or exposing for sale in the state of Oregon any agricultural, flower, or vegetable seed that is not labeled or is mislabeled as to kind, variety, lot number, percentage of germination, or net quantity of contents.

(C) Selling, offering for sale or exposing for sale in the state of Oregon any agricultural, flower, or vegetable seed that is mislabeled as to variety name for seed varieties protected by the Plant Variety Protection Act (7 USC §§ 2321 – 2582; 7 CFR §§ 97.1 – 97.900).

(D) Selling, offering for sale or exposing for sale in the state of Oregon any agricultural, flower or vegetable seed that is not labeled or is mislabeled as to chemical treatment as described in OAR 603-056-0431.

(E) Selling, offering for sale or exposing for sale in the state of Oregon any agricultural, flower, or vegetable seed containing prohibited noxious weed seeds as established under OAR 603-056-0205 or the Federal Seed Act.

(F) Selling, offering for sale or exposing for sale any agricultural or vegetable seed containing restricted noxious weed seeds in excess of the permissible numbers established in OAR 603-056-0205.

(G) Selling, offering for sale or exposing for sale in the state of Oregon any tuber, horticultural plant or agricultural, cereal grain, flower or vegetable seed that is represented as certified, but was not produced under an official certification program as described in ORS 633.620 or 633.511(2).

(H) Selling, offering for sale or exposing for sale in the state of Oregon any agricultural, flower, or vegetable seed using labels, tags or seals for which the seed does not meet the requirements, including, but not limited to:

(i) Certified seed tags as described in ORS 633.511(2);

(ii) Endophyte tags as described in OAR 603-056-0160; and

(iii) Oregon Sod Quality seed tags as described in OAR 603-056-130.

(I) Falsifying or altering any records pertaining to any dealing with agricultural, flower or vegetable seed, including seed labels, seed tests, records, or other documents pertaining to seed dealings.

(J) As a seed conditioner, knowingly mislabeling agricultural, flower or vegetable seed as to kind or variety in the course of cleaning, blending, bagging, or storing seed or as part of other activities commonly performed by seed conditioners.

(K) Failing to provide records as requested by the department.

(3) Gravity of Circumstance: The department shall rank the violation as to its gravity of circumstance. Following are the factors that may be considered in assigning a gravity ranking to a specific violation. A violation lacking factors that would determine it to be of either high or medium level shall result in the gravity being ranked low level.

(a) High: a violation may be considered to have a high gravity of circumstance when any of the following are determined:

(A) The violation was flagrant.

(B) The violation resulted in damage to human health, animal health, or the environment.

(C) For violations determined under OAR 603-056-0540 (2)(c)(D), if the treatment is also classed as a pesticide as described in OAR 603-057-0525 (3)(a)(C).

(D) Persons failed to comply with an officially ordered quarantine of agricultural, flower, or vegetable seed.

(E) Persons willfully tampered with, falsified or misrepresented in any manner samples of any agricultural, flower or vegetable seed.

(F) Persons interfered with the inspection or sampling of agricultural, flower or vegetable seed by the Director or their agents during the enforcement of ORS 633.511 to 633.750.

(G) Persons interfered with an investigation by the Director or their agents during the enforcement of ORS 633.511 to 633.750.

(b) Medium: a violation may be considered to have a medium gravity of circumstance when any of the following are determined:

(A) The violation was flagrant.

(B) The violation could have caused damage to human health, animal health, or the environment.

(C) For violations determined under OAR 603-056-0540 (2)(c)(D), if the treatment is not classed as a pesticide as described in OAR 603-057-0525 (3)(a)(C).

(D) Persons knowingly tampered with, falsified, or misrepresented in any manner samples of any agricultural, flower, or vegetable seed.

(E) Persons failed to cooperate with the inspection or sampling of agricultural, flower, or vegetable seed by the department during the enforcement of ORS 633.511 to 633.750.

(F) Persons failed to cooperate with an investigation by the department during the enforcement of ORS 633.511 to 633.750.

(c) Multiple violations of the same level may result in all violations of that type to be considered at the next highest level.

History

Statutory/Other Authority: ORS 561, 633 & 183.335 (5)
Statutes/Other Implemented: ORS 183.745 & 633.680
DOA 9-2020, adopt filed 07/14/2020, effective 07/14/2020

Division 57 PESTICIDE CONTROL

Or. Admin. R. 603-057-0001 Definitions

In addition to the definitions set forth in ORS 634.006, the following shall apply:

(1) "Accident" means an undesirable and unintended event, caused by the use or application of pesticides, that adversely affects the environment.

(2) “Aerial pesticide applicator” or “aerial applicator” means an aerial pesticide applicator as defined in ORS 634.128.

(3) “Commercial pesticide applicator” or “commercial applicator” means a pesticide applicator as defined in ORS 634.006.

(4) “Commercial pesticide operator” or “pesticide operator” means a pesticide operator as defined in ORS 634.006.

(5) "Common Exposure Route" means a likely way (oral, dermal, respiratory) by which a pesticide may enter an organism.

(6) "Compatibility" means the properties of a pesticide that permit its use with other chemicals without undesirable results being caused by such combination.

(7) "Competence" means the proficiency in the performance of activities related to pesticide application, the degree of which is directly related to the nature of such activities.

(8) "Environment" means water, air, land and plants, humans, or other animals living therein or thereon, and the interrelationships existing among them.

(9) “Immediately Supervised Trainee” is a type of trainee as defined in ORS 634.006(26).

(10) "Immediate Supervision" means supervision by an appropriately licensed commercial, noncommercial, or public applicator who is:

(a) Located on the pesticide application site at all times during the application; and

(b) Available at the specific point of pesticide use within a time period of no more than five minutes.

(11) “Noncommercial pesticide applicator” or “noncommercial applicator” means a noncommercial pesticide applicator as defined in ORS 634.006.

(12) "Non-Target Organism" means plant or animal life other than to which the pesticide is applied or is intended to be applied.

(13) “Pesticide Apprentice” is a type of trainee, as defined in ORS 634.006(26) that engages in pesticide application activities under the supervision of a licensed commercial, noncommercial, or public applicator as described in OAR 603-057-0127. A pesticide apprentice is limited to the categories of pesticide application authorized on the commercial, noncommercial, or public applicator license of the supervisor.

(14) “Pesticide consultant” or “consultant” means a pesticide consultant as defined in ORS 634.006.

(15) “Pesticide dealer” means a pesticide dealer as defined in ORS 634.006.

(16) “Private applicator” means a private applicator as defined in ORS 634.006.

(17) “Public pesticide applicator” or “public applicator” means a public applicator as defined in ORS 634.006.

(18) "Regulated Pest" means a specific organism determined by the Department to be a pest requiring control, or eradication in order to protect the environment.

(19) For the purpose of pesticide registration as specified in ORS 634.016, "pesticide product" means a pesticide readily distinguishable from any other pesticide by its content, registration number assigned by the United States Environmental Protection Agency, brand name, trade name, manufacturer, registrant, use as specified in labeling, or other distinction, but not including size or quantity of package.

(20) For the purposes of ORS 634.006(8), ORS 634.006(12)(c), ORS 634.106(7), ORS 634.126(1)(c), Oregon Laws 2022, chapter 53, Section 3(1)(b), OAR 603-057-0001(13), and OAR 603-057-0127, the terms "direct charge of," "supervises," "direct supervision," and “supervision” mean that:

(a) The supervisor of the person applying a pesticide has determined that the person applying a pesticide has sufficient knowledge and ability to safely apply the particular pesticide according to its label directions and any other additional directions;

(b) The person applying a pesticide is applying the particular pesticide under the instructions of their supervisor; and

(c) The person applying a pesticide is applying the pesticide in such proximity to their supervisor that such supervisor is reasonably available for any needed consultation or further direction, even though such supervisor is not physically present at the time or place of the pesticide application.

(21) For the purposes of section (20) of this rule, “supervisor” means a person that is responsible for the actions of a person applying a pesticide.

History

Statutory/Other Authority: ORS 561.190, 634, HB 4062 (2022) Section 2(9) & HB 4062 (2022) Section 8(1)
Statutes/Other Implemented: ORS 634.306 & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 16-2012, f. & cert. ef. 6-1-12
DOA 2-2012, f. 1-13-12, cert. ef. 1-1-13
AD 12-1992, f. 10-13-92, cert. ef. 1-1-93
AD 17, f. & cert. ef. 11-15-89
AD 7-1980, f. & ef. 9-25-80
AD 7-1977, f. & ef. 4-5-77

Or. Admin. R. 603-057-0006 Pesticide Registration Fees

(1) The annual registration fee for each pesticide product for calendar year 2025 shall be $360.

(2) Beginning for calendar year 2026 pesticide product registration, the annual nonrefundable registration fee for each pesticide product shall be $400.

History

Statutory/Other Authority: ORS 634 & ORS 634.016
Statutes/Other Implemented: ORS 634 & ORS 634.016
DOA 25-2025, amend filed 11/03/2025, effective 11/04/2025
DOA 24-2022, amend filed 09/20/2022, effective 09/21/2022
DOA 10-2015, f. & cert. ef. 10-7-15
DOA 21-2012, f. & cert. ef. 7-10-12
DOA 3-2006, f. & cert. ef. 3-8-06
DOA 17-2005(Temp), f. 10-14-05, cert. ef. 1-1-06 thru 6-29-06
DOA 42-2003, f. & cert. ef. 12-23-04
Reverted to DOA 40-2003, f. & cert. ef. 10-17-03
DOA 41-2003(Temp), f. 11-14-03, cert. ef. 11-23-03 thru 5-20-04
DOA 38-2003(Temp), f. 10-15-03 cert. ef. 11-23-03 thru 5-19-04
DOA 40-2003, f. & cert. ef. 10-17-03
DOA 26-2001, f. & cert. ef. 11-6-01
DOA 21-1999, f. 9-30-99, cert. ef. 11-1-99
AD 17, f. & cert. ef. 11-15-89
AD 24-1981, f. & ef. 12-1-81
AD 7-1977, f. & ef. 4-5-77
AD 1014(4-74), f. 1-18-74, ef. 2-11-74
AD 1008(22-73)(Temp), f. & ef. 12-5-73
AD 855(27-67), f. 10-9-67, ef. 1-1-68

Or. Admin. R. 603-057-0100 License Fees

The following designated annual fees shall be applicable to each described license:

(1) Pesticide Operator: $90 including one category; $15 for each additional category; and $20 for each additional category after license issued.

(2) Commercial Applicator: $50 including one category; $7.50 for each additional category; and $12.50 for each additional category after license issued.

(3) Immediately Supervised Trainee or Pesticide Apprentice: Same as commercial, noncommercial, or public applicators.

(4) Public Applicator: Same as commercial applicators.

(5) Pesticide Dealer: $75, with a separate license required for each sales outlet or location.

(6) Pesticide Consultant: $40.

(7) Noncommercial Applicator: Same as commercial applicators.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.116, 634.122, 634.126, 634.132, 634.136 & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 16-2012, f. & cert. ef. 6-1-12
DOA 2-2012, f. 1-13-12, cert. ef. 1-1-13
DOA 39-2003, f. 10-17-03, cert.ef. 11-15-03
AD 24-1981, f. & ef. 12-1-81
AD 7-1977, f. & ef. 4-5-77
AD 1001(15-73), f. 11-20-73, ef. 12-11-73

Or. Admin. R. 603-057-0102 Pesticide Operator Financial Responsibility

As provided in subsections (5) and (6) of ORS 634.116, the following shall apply:

(1) Evidence of the issuance of a public liability policy of insurance may be documented to the Department by a pesticide operator either by furnishing a copy of said policy or furnishing a certificate of insurance issued by the insurer. Should said policy be subsequently endorsed or in any manner modified as to the protection offered thereby, the Department shall be furnished a copy of the policy endorsement or be furnished an additional certificate of insurance evidencing the modifications.

(2) The public liability policy of insurance may be limited to only injuries or damages caused by the specific activities for which the pesticide operator is licensed. Should the pesticide operator subsequently become licensed in additional categories of activities, the pesticide operator shall furnish the Department the documentation described in section (1) of this rule evidencing additional protection for such additional categories.

(3) As provided in subsection (10) of ORS 634.116, a pesticide operator engaged in the business of applying pesticides by aircraft may have his public liability policy of insurance limited to the time period within which such pesticide operator is actually engaged in the application of pesticides by aircraft, subject to the following:

(a) The Department is furnished the documentation required by section (1) of this rule; and

(b) The public liability policy of insurance identifies the specific aircraft to which it applies.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.116
AD 7-1977, f. & ef. 4-5-77

Or. Admin. R. 603-057-0104 Limitations on Pesticide Licensing Exemptions

The licensing exemptions in ORS 634.106(2) and 634.106(5)-(7) do not apply to persons using pesticides classified as restricted use or highly toxic, as those terms are defined in ORS 634.006.

History

Statutory/Other Authority: ORS 634.306(13)
Statutes/Other Implemented: ORS 634.106
DOA 38-2023, adopt filed 10/30/2023, effective 11/17/2023

Or. Admin. R. 603-057-0106 Immediately Supervised Pesticide Trainee

(1) There is herewith established a type of trainee license as defined in ORS 634.006(26) which shall bear the designation "Immediately Supervised Trainee."

(2) An immediately supervised trainee license may only be issued upon receipt by the department of:

(a) An appropriately completed license application form; and

(b) Payment of the appropriate fee.

(3) The fee for an immediately supervised trainee license shall be the same as the fee for a pesticide trainee license.

(4) An immediately supervised trainee license shall expire on December 31 of the year of issuance, or of the following year if issued a license for two consecutive years.

(5) An immediately supervised trainee license authorizes the holder to conduct pesticide application activities under the immediate supervision of an appropriately licensed supervisor as detailed in OAR 603-057-0001. The immediately supervised trainee may apply pesticides only in the categories listed under the supervisor’s license. If the supervisor is a licensed public applicator, the immediately supervised trainee may only apply pesticides as described in ORS 634.116(12).

(6) An immediately supervised trainee license may be renewed.

(7) For each pesticide application made by an immediately supervised trainee, a pesticide application record, as required by ORS 634.146 and OAR 603-057-0130, must be made that also contains the names and pesticide license numbers of the immediately supervised trainee(s) and their supervisor(s). The employer of the immediately supervised trainee shall retain the record for a period of three years and release them to the department for inspection as required or authorized by ORS chapters 561 or 634 or rules adopted thereunder.

(8) An immediately supervised trainee license does not authorize the holder to conduct pesticide applications by helicopter or fixed wing aircraft.

(9) For purposes of this rule, “an appropriately licensed supervisor” is:

(a) A licensed commercial, noncommercial, or public applicator;

(b) Licensed in the category, or categories, in which the immediately supervised trainee is currently engaged.

(10) Any immediately supervised trainee conducting pesticide application activities without an appropriately licensed supervisor, without an appropriately licensed supervisor on the site where the application is being made, or who is unable to identify their supervisor, will be considered unlicensed and subject to enforcement actions in accordance with ORS 634.900.

History

Statutory/Other Authority: ORS 561.190 & 634
Statutes/Other Implemented: ORS 634.306 & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 11-2012, f. 5-15-12, cert. ef. 1-1-13
AD 12-1992, f. 10-13-92, cert. ef. 1-1-93

Or. Admin. R. 603-057-0108 Aerial Applications Generally

(1) A person may not spray or otherwise apply a pesticide by aircraft unless the person is an individual that holds a valid aerial pesticide applicator certificate issued by the Oregon Department of Agriculture.

Aerial Pesticide Applicator

(2) An aerial pesticide applicator certificate is a type of license.

(3) For 2016, an aerial pesticide applicator certificate may only be issued to an individual upon receipt and approval by the department of:

(a) An appropriately completed license application form;

(b) Payment of the appropriate fee;

(c) Proof that the individual holds a valid commercial pilot certificate for the type of aircraft to be used by the aerial pesticide applicator in applying pesticides;

(d) Proof that the individual holds a valid pesticide applicator, public applicator, or private applicator license or certificate; and

(e) Proof, in the form of a sworn statement or a declaration that the individual has either:

(A) At least fifty (50) hours of experience as a licensed pesticide applicator, licensed public applicator or certified licensed private applicator on flights conducted for the purpose of carrying out spraying or otherwise applying pesticides by aircraft; or

(B) At least fifty (50) hours of flight training experience as a licensed pesticide applicator, licensed public applicator, or certified private applicator, or as a pesticide trainee or public trainee under the supervision of a licensed pesticide applicator, licensed public applicator, or certified licensed private applicator, on flights conducted for the purpose of carrying out, or training to carry out, spraying or otherwise applying pesticides by aircraft.

(4) The department shall suspend or revoke the aerial pesticide applicator certificate if the certificate holder fails to maintain the valid commercial, noncommercial, public, or private applicator license that was the basis of obtaining the aerial pesticide applicator certificate.

(5) The annual fee for an aerial pesticide applicator certificate shall be the same as the fee for commercial applicators.

(6) The certification period for an aerial pesticide applicator certificate issued for 2016 will expire on December 31, 2016.

(7) As of January 1, 2017, the certification period for an aerial pesticide applicator certificate shall not exceed five years.

(8) Beginning January 1, 2017, an aerial pesticide applicator certificate may only be issued to an individual upon receipt and approval by the department of:

(a) An appropriately completed license application form;

(b) Payment of the appropriate fee;

(c) Proof that the individual holds a valid commercial pilot certificate for the type of aircraft to be used by the aerial pesticide applicator in applying pesticides;

(d) Proof that the individual holds a valid commercial, noncommercial, public, or private applicator license or certificate;

(e) Proof, in the form of a sworn statement or a declaration that the individual has either:

(A) At least fifty (50) hours of experience as a licensed commercial, noncommercial, public, or private applicator on flights conducted for the purpose of carrying out spraying or otherwise applying pesticides by aircraft; or

(B) At least fifty (50) hours of flight training experience as a licensed commercial, noncommercial, public, or private applicator, or as an immediately supervised trainee or pesticide apprentice under the supervision of a certified aerial pesticide applicator, on flights conducted for the purpose of carrying out, or training to carry out, spraying or otherwise applying pesticides by aircraft; and

(f) Proof that the individual has passed a national examination, or other examination approved by the department, testing the knowledge of the individual regarding proper spraying and other application of pesticides by aircraft.

(9) An applicant for an aerial pesticide applicator certificate issued under OAR 603-057-0108 (7) shall be required to pass a re-examination each fifth year after taking the original aerial pesticide applicator examination.

(10) If the department’s records indicate that an applicant for certificate renewal has successfully completed during the preceding five years at least 10 credit hours in programs of instruction or educational courses satisfactory to the department and related to the spraying or other application of pesticides by aircraft:

(a) The department shall count any credit hours in satisfactory programs of instruction or educational courses as described above toward any instruction or education requirements imposed by the department for the issuance or renewal of a commercial, noncommercial, or public applicator license.

(b) The department may not count any credit hours in satisfactory programs of instruction or educational courses described above toward any instruction or education requirements imposed by the department for the issuance or renewal of a private applicator’s license.

(11) As of January 1, 2017, and for an individual, the certification period of their commercial, noncommercial, public, or private applicator license may be aligned with the certification period for their aerial pesticide applicator certificate.

(12) An aerial pesticide applicator that was certificated solely on the basis of a public applicator license shall not spray or otherwise apply pesticides by aircraft to any lands beyond those lands that they are authorized to spray or otherwise apply pesticides to from the ground.

(13) In order to be authorized to make aerial pesticide applications, a pesticide applicator that is also certificated as an aerial pesticide applicator, must be employed by a pesticide operator with an aerial endorsement or other similar specification assigned by the department.

History

Statutory/Other Authority: ORS 634.106, 634.112, 634.116, 634.122 & 634.126
Statutes/Other Implemented: ORS 634.128 & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 14-2016, f. & cert. ef. 6-28-16

Or. Admin. R. 603-057-0110 Pesticide Operator, Applicator, and Trainee Categories

In accordance with subsection (2) of ORS 634.306, the following categories of pesticide operators, and commercial, noncommercial, and public applicators are established. The license categories permitted for each license type are indicated in this rule. The license subcategories for each license type are indicated in OAR 603-057-0115.

(1) Agricultural Pest Control: This shall include pesticide operators, commercial applicators, noncommercial applicators as described in ORS 634.006(8)(b), and public applicators who use or supervise the use of pesticides in the production of agricultural crops and livestock (including Christmas tree plantations and commercial nurseries), or on agricultural lands, grasslands, or non-crop agricultural lands.

(2) Aquatic Pest Control: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of pesticides in treating standing or running water.

(3) Demonstration and Research: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of pesticides, or of any substance or mixture of substances that is being evaluated for use as a pesticide, for experiments or research such as for gathering data to satisfy registration requirements of the United States Environmental Protection Agency or of the department. The exemption provided manufacturers under subsection (1) of ORS 634.106 only applies to laboratory research. The uses included in this category must be:

(a) Authorized by an experimental use permit issued by the United States Environmental Protection Agency;

(b) Authorized by an experimental use permit issued by the department as provided in OAR 603-057-0160; or

(c) By a federal or state agency that is exempt from obtaining an experimental use permit as provided in OAR 603-057-0160(2)(b).

(4) Forest Pest Control: This shall include pesticide operators, commercial applicators, noncommercial applicators as described in ORS 634.006(8)(b), and public applicators who use or supervise the use of pesticides in the production of forest crops, or on forestry lands (not including Christmas tree plantations or commercial nurseries).

(5) Industrial, Institutional, Health, and Structural Pest Control: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of pesticides in, on, or around food handling establishments, human dwellings, institutions (i.e., schools, hospitals, etc.), industrial establishments (including warehouses and grain elevators), and any other structures or areas utilized for the storing, processing, or manufacturing of products.

(6) Marine Fouling Organism Control: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of marine antifouling paint or coating on boat or ship hulls or other parts of boats or ships.

(7) Ornamental and Turf Pest Control: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of pesticides in the establishment and maintenance of ornamental plantings and turf (not including Christmas tree plantations, commercial nurseries or forest crops). The exemption provided persons under subsection (5) of ORS 634.106 only applies to persons principally engaged in home lawn and garden care.

(8) Public Health Pest Control: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of pesticides for the control of any pest which may be deleterious to the public health, including mosquito and other vector control.

(9) Regulatory Pest Control: This shall include public applicators who use or supervise the use of pesticides upon regulated pests not otherwise specified in this section.

(10) Right-of-Way Pest Control: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of pesticides in right-of-way areas.

(11) Seed Treatment: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of pesticides on any seed, including, but not limited to, agricultural seed, flower seed, and vegetable seed, as defined in ORS 633.511. Treatment of a person's own seed on their own premises with pesticides other than those classified a restricted use or highly toxic as defined in ORS 634.006, is exempt under subsections (12) and (16) of ORS 634.006.

(12) School Integrated Pest Management: This shall include pesticide operators, commercial applicators, noncommercial applicators as described in ORS 634.006(8)(b), and public applicators who use or supervise the use of pesticides on the campus of a school, as defined in ORS 634.700 and OAR 603-057-0500. School Integrated Pest Management does not include any of the following:

(a) The use of any pesticide in areas where the integrated pest management plan adopted by the school under 634.705 does not apply;

(b) The use of any pesticide for the purpose of controlling wood-destroying pests, such as, but not limited to, termites, carpenter ants, and powder post beetles;

(c) The use of any pesticide for the purpose of controlling the following public health pests: bed bugs, lice, fleas, ticks, and adult mosquitoes.

(d) The use of any pesticide by using power-driven pesticide application equipment or power-driven devices;

(e) The use of any highly toxic or restricted-use pesticide, as defined in ORS 634.006, ;

(f) The use of any pesticide that is not registered with the State Department of Agriculture, as described in ORS 634.016; or

(g) The use of any pesticide formulated or packaged as a total release fogger, which is a pressurized container designed to automatically release the total contents in one operation for the purpose of creating a permeating fog within a confined space to deliver the pesticide throughout a space. Pesticide types listed in ORS 634.705(4) are excluded from this provision.

History

Statutory/Other Authority: ORS 634.306, 561 & 634
Statutes/Other Implemented: 634, ORS 634 & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 2-2019, amend filed 01/23/2019, effective 01/23/2019
DOA 8-2009, f. & cert. ef. 7-15-09
AD 17-1990, f. & cert. ef. 10-2-90
Reverted to AD 12-1985, f. & ef. 11-27-85
AD 1-1990(Temp), f. & cert. ef. 3-1-90
AD 12-1985, f. & ef. 11-27-85
AD 7-1977, f. & ef. 4-5-77
AD 1066(12-75), f. 8-11-75, ef. 10-15-75

Or. Admin. R. 603-057-0115 Pesticide Operator, Applicator, and Trainee Subcategories

The following subcategories of pesticide operators and commercial, noncommercial, and public applicators are hereby established within the categories set forth in OAR 603-057-0110:

(1) Under “Agricultural Pest Control”:

(a) Insecticide and Fungicide: This shall include pesticide operators, commercial applicators, noncommercial applicators as described in ORS 634.006(8)(b), and public applicators who use or supervise the use of insecticides, fungicides, and/or nematicides in the production of agricultural crops, or on agricultural lands, grasslands, and non-crop agricultural lands;

(b) Herbicides: This shall include pesticide operators, commercial applicators, noncommercial applicators as described in ORS 634.006(8)(b), and public applicators who use or supervise the use of herbicides in the production of agricultural crops or on agricultural lands, grasslands, and non-crop agricultural lands;

(c) Soil Fumigation: This shall include pesticide operators, commercial applicators, and public applicators who use or supervise the use of soil applied fumigants in the production of agricultural crops or on agricultural lands, grasslands, or non-crop agricultural lands;

(d) Livestock Pest Control: This shall include pesticide operators, commercial applicators, noncommercial applicators as described in ORS 634.006(8)(b), and public applicators who use or supervise the use of pesticides in agricultural areas for control or eradication of such livestock pests as insects, mites and ticks;

(e) Vertebrate Pest Control: This shall include pesticide operators, commercial applicators, noncommercial applicators as described in ORS 634.006(8)(b), and public applicators who use or supervise the use of pesticides in agricultural areas for control of vertebrate pests other than livestock predators.

(2) Under “Industrial, Institutional, Health, and Structural Pest Control”:

(a) Pest Control, General: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of pesticides, other than fumigants, in or around structures, institutions and establishments for the protection of stored, processed, and manufactured products or for the protection of human health;

(b) Structural Pest Control: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of pesticides, other than fumigants, in, on, or around structures for the control of wood-destroying pests (i.e., termites, carpenter ants, powder post beetles, etc.);

(c) Space Fumigation: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of fumigants in enclosed or confined areas or structures for the control of pests in structures, in stored food or feed, and in other agricultural products. Field treatment of utility poles, pilings, bridge supports, and similar elements of construction are excluded from this category;

(d) Moss Control: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of pesticides for the control of moss and algae on structures;

(e) Wood Treatment: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of pesticides to treat wood products (i.e., lumber, poles, ties, etc.) before the use of those products in construction, and to field treat utility poles, pilings, bridge supports, cross arms, and similar elements of construction with fumigants or other pesticides.

(3) Under “Ornamental and Turf Pest Control”:

(a) Insecticide and Fungicide: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of insecticides and fungicides in the establishment and maintenance of ornamental plantings and turf;

(b) Herbicide: This shall include pesticide operators and commercial, noncommercial, and public applicators who use or supervise the use of pesticides in the establishment and maintenance of ornamental plantings and turf.

(4) Under “Regulatory Pest Control”:

(a) M-44 Device: This shall include only employees of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control, who are licensed as public applicators and who use the M-44 device containing sodium cyanide for the control of coyotes and certain other wild canids, which shall be in the manner as specified by the administrative rules of the Department;

(b) Livestock Protection Collar: This shall include only employees of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control, who are licensed as public applicators and who use the livestock protection collar containing sodium fluoroacetate (Compound 1080) for the control of coyotes, which shall be in the manner as specified by the administrative rules of the Department;

(c) Weed Control: This shall include public applicators who use or supervise the use of pesticides for the control of plants designated by local weed control districts or the Department as noxious weeds as set forth in ORS 569.355.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306(2) & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
AD 6-1997, f. & cert. ef. 6-11-97
AD 10-1987, f. & ef. 7-1-87
AD 12-1985, f. & ef. 11-27-85
AD 7-1977, f. & ef. 4-5-77
AD 1066(12-75), f. 8-11-75, ef. 10-15-75

Or. Admin. R. 603-057-0120 General Standards of Commercial Applicator, Public Applicator and Noncommercial Applicator Competence

(1) Competence in the use or handling of pesticides shall be determined on the basis of written examinations which, in addition to the requirements of OAR 603-057-0125, shall include the following general standards:

(a) Comprehension of labeling format, labeling terminology, and the labeled warnings and instructions;

(b) Knowledge of safety factors to be considered, including need and use of protective clothing, first aid procedures in the event of accidents, symptoms of various pesticide poisonings, and proper storage, transportation, handling, and disposal methods;

(c) Knowledge of potential consequences to the environment from the use or misuse of pesticides, as influenced by climate, topography, vegetative buffers or other pesticide practices directly relating to protection of water, and existence of plant and/or animal life,;

(d) Methods to minimize pesticide drift and off-target deposition of pesticides, including nozzle selection, calibration, product formulation, product volatility, buffers and barriers, adjuvants, precision application technology, and environmental conditions (wind, inversion, temperature, etc.);

(e) Knowledge of methods of use or application, including the various formulations (dust, wettable powder, etc.) of pesticides, the compatibility of various pesticides, the types of application equipment or devices, and the times when various pesticide formulations or equipment would be appropriately used; and

(f) Knowledge and comprehension of existing laws and rules governing pesticide use or application, including classifications of various pesticides (highly toxic, restricted use, or general).

(2) The applicant shall be notified within 30 days of taking a written examination, as to the grade received in such examination and whether such grade is passing or failing. Such notification shall be deemed an "order" for the purposes of judicial review provided in ORS 183.480.

(3) An applicant for a commercial, public, or noncommercial applicator license renewal shall be required to take a reexamination each fifth year after taking the original examination, and be subject to the provisions of this section and OAR 603-057-0125 in regard thereto. However, if the Department's records indicate the applicant for license renewal has complied with the provisions of 603-057-0150, the written examination shall be waived, except in the category "Regulatory Pest Control," subcategory "Livestock Protection Collar."

(4) If an applicant for a commercial, public, or noncommercial applicator license has passed a current written examination accredited by another state with which the Department has a reciprocal agreement on certification or licensing, and submits evidence of the same to the Department at the time of submitting an initial license application with applicable fee, the license examination may be waived.

(5) In the event an applicant for a commercial, public, or noncommercial applicator license fails the written examination or re-examination, the applicant shall be eligible to take the examination again.

History

Statutory/Other Authority: HB 2058, ORS 634.122, ORS 561 & 634
Statutes/Other Implemented: ORS 634.306(5) & HB 4062 (2022)
DOA 8-2025, minor correction filed 04/22/2025, effective 04/22/2025
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 1-2020, amend filed 02/04/2020, effective 02/04/2020
DOA 21-2012, f. & cert. ef. 7-10-12
AD 6-1997, f. & cert. ef. 6-11-97
AD 15-1978, f. & ef. 9-15-78
AD 7-1977, f. & ef. 4-5-77
AD 1066(12-75), f. 8-11-75, ef. 10-15-75

Or. Admin. R. 603-057-0125 Special Standards of Pesticide Applicator Competence

In addition to the requirements of OAR 603-057-0120, the written examination shall include the following applicable special standards for the category or subcategory indicated:

(1) “Regulatory Pest Control — M-44 Device”:

(a) Knowledge of the characteristics and habits of predatory animals, and particularly coyotes;

(b) Knowledge of the toxicity levels of sodium cyanide, the hazards in the use or application thereof, and the common exposure routes thereof;

(c) Knowledge of the common types of accidents associated with the use or application of sodium cyanide in the quantities and forms utilized;

(d) Knowledge of precautions to be undertaken to protect the applicator and the immediate environment and nontarget organisms in the vicinity;

(e) Knowledge of the effects of weather, terrain, soil, drainage, and other topographical or climatic conditions that are associated with the use or application of sodium cyanide in the prescribed manner for predator control;

(f) Knowledge of the operation, repair, and maintenance procedures for the device known as the “M-44 spring loaded sodium cyanide coyote control device,” including placement and retrieval thereof;

(g) Knowledge of the departmental rules relating to the use of sodium cyanide and the above described device, including the placement of adequate warning signs, the keeping of records relating to pesticide device locations and numbers, and the inventorying of numbers and species of animals eradicated.

(2) “Regulatory Pest Control-Livestock Protection Collar”:

(a) Ability to read and understand pesticide labels and labeling information, including all labeling and use restrictions for sodium fluoroacetate (Compound 1080) livestock protection collars;

(b) Ability to recognize the technical name, sodium fluoroacetate, and understand the basic properties of Compound 1080;

(c) Ability to recognize potential hazards posed to humans, domestic animals, and non-target wildlife by the use of the livestock protection collar;

(d) Ability to recognize general symptoms of poisoning by Compound 1080 in humans and domestic animals and take appropriate action;

(e) Knowledge that only an employee of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control, certified and licensed as a public pesticide applicator in the category “Regulatory Pest Control,” subcategory “Livestock Protection Collar,” by the Oregon Department of Agriculture can handle or use Compound 1080 and the livestock protection collar;

(f) Ability to recognize situations where use of the livestock protection collar can be expected to be safe and effective, as well as those situations where alternative methods of control would be more suitable. These methods may include but would not be limited to use of the M-44 device, guard animals, fences, repellents, fright devices, snares, and traps;

(g) Knowledge of the use restrictions set forth in OAR 603-057-0360 and the record-keeping requirements set forth in 603-057-0375, which include a record of each animal (target or non-target) found poisoned or suspected of having been poisoned as a result of the use of Compound 1080;

(h) Knowledge of the requirement for immediate (within three days) reporting of suspected poisonings of non-target species and suspected poisonings of humans or domestic animals by Compound 1080 to the U.S. Environmental Protection Agency and the Department, as set forth in OAR 603-057-0375(3);

(i) Ability to distinguish between damaged livestock protection collars that can be repaired and those that must be disposed of properly;

(j) Knowledge of how to make appropriate repairs to damaged livestock protection collars prior to reuse and how to dispose of them properly if they cannot be repaired;

(k) Knowledge of how to properly dispose of dead animal remains, vegetation, or soil contaminated by a punctured livestock protection collar;

(l) Knowledge of safe handling and storage procedures for the livestock protection collar;

(m) Knowledge of the requirement to post and maintain bilingual (English/Spanish) warning signs at logical points of access to areas where livestock protection collars are in use; and

(n) Knowledge of the requirement to perform inspections of livestock protection collars in use twice weekly.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306(5)
AD 6-1997, f. & cert. ef. 6-11-97
AD 7-1977, f. & ef. 4-5-77
AD 1066(12-75), f. 8-11-75, ef. 10-15-75

Or. Admin. R. 603-057-0127 Pesticide Apprentice Standards of Competence

(1) The department may issue a pesticide apprentice license for one licensing period, or portion thereof. The department may issue the license to an applicant that is at least 18 years of age upon receipt of:

(a) A license application form that contains all of the information requested by the department;

(b) Payment of the appropriate fee; and

(c) Documentation that the applicant successfully completed, within two years of the date of initial application, a written examination developed and administered by the department for the purpose of assuring that the applicant is competent in the use of pesticides as a pesticide apprentice. The content of this examination shall include the topics listed in OAR 603-057-0120. Successful completion of the examination shall require answering at least 70 percent of the examination questions correctly.

(d) A pesticide apprentice license shall expire on December 31 of the year of issuance, or the following year if issued a license for two consecutive years.

(2) The department may renew a pesticide apprentice license for consecutive licensing periods upon receipt of:

(a) A license renewal application form containing all of the information requested by the department;

(b) Payment of the appropriate fee; and

(c) Documentation that the applicant successfully completed the required credit hours of pesticide instructional sessions during the previous licensing period. The department must accredit the instructional sessions. Eight (8) credit hours are required for each year of a licensing period. Four (4) of the eight (8) credit hours must be core credits as described in OAR 603-057-0135. All training requirements may be waived for the first year of the initial licensing period only.

(3) If a person licensed as a pesticide apprentice does not deliver the form, fee, and documentation described in section (2) of this rule to consecutively renew their license, the person will not be eligible to renew their pesticide apprentice license. The person must retake the qualifying examination as described in (1)(c) of this rule.

(4) A pesticide apprentice license authorizes the holder to conduct pesticide application activities under the supervision of an appropriately licensed supervisor. The licensed apprentice may apply pesticides only in the categories listed on the supervisor’s license. If the supervisor is a licensed public applicator, the licensed apprentice may only apply pesticides as described in ORS 634.116(12).

(5) For each pesticide application made by a pesticide apprentice, a pesticide application record, as required by ORS 634.146 and OAR 603-057-0130, must be made that also contains the names and pesticide license numbers of the appropriately licensed pesticide apprentice(s) and the supervisor(s). The employer of the licensed pesticide apprentice shall retain the record for a period of three years and release them to the department for inspection as required or authorized by ORS chapters 561 or 634 or rules adopted thereunder.

(6) A pesticide apprentice license does not authorize the holder to conduct pesticide applications by helicopter or fixed wing aircraft.

(7) For purposes of this rule “an appropriately licensed supervisor” is:

(a) A licensed commercial, noncommercial, or public applicator;

(b) Licensed in the category, or categories, in which the pesticide apprentice is currently engaged.

(8) Any pesticide apprentice conducting pesticide application activities without a valid appropriately licensed supervisor, or who is unable to identify their supervisor, will be considered unlicensed and subject to enforcement actions in accordance with ORS 634.900.

History

Statutory/Other Authority: ORS 561.190 & 634
Statutes/Other Implemented: ORS 634.306 & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 16-2012, f. & cert. ef. 6-1-12
DOA 2-2012, f. 1-13-12, cert. ef. 1-1-13
AD 12-1992, f. 10-13-92, cert. ef. 1-1-93

Or. Admin. R. 603-057-0130 Applicator’s Records and Reports

(1) Pursuant to subsection (13) of ORS 634.116, a public applicator shall prepare and maintain the records, and submit the reports, required of pesticide operators by 634.146.

(2) A noncommercial pesticide applicator shall prepare and maintain the records, and submit the reports, required of pesticide operators by ORS 634.146.

(3) A commercial applicator and public applicator shall include their full name and pesticide applicator license number legibly on the records required by ORS 634.116 and 634.146.

(4) If a pesticide application is conducted by a pesticide apprentice or an immediately supervised trainee, then the names and pesticide license numbers of both the pesticide apprentice or immediately supervised trainee and their supervising applicator must be included legibly on the record.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.146 & HB 4062 (2022) Section 2 (7)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 26-2012, f. & cert. ef. 10-30-12
AD 7-1977, f. & ef. 4-5-77

Or. Admin. R. 603-057-0135 Private Applicator Standards of Competence

(1) As provided in ORS 634.142, competence of a private applicator in the use or handling of pesticides shall be determined on the basis of a written examination and evidenced by the issuance of a certificate.

(2) A private applicator certificate shall be valid for a period of up to five calendar years from its issuance and expire on December 31 of the fifth year.

(3) An applicant for a private applicator's initial certificate or for a private applicator's renewal shall be required to successfully complete the written examination then in use for certification of private applicators. Successful completion of the written examination shall consist of correctly responding to at least 70 percent of the questions contained in the examination.

(4) In lieu of the written re-examination requirement of section (3) of this rule, an applicant for renewal of a private applicator certificate may attend pesticide training sessions approved by the Department, totaling 16 hours of Department approved pesticide use related instruction, during the period preceding the expiration of his/her certificate as follows:

(a) An individual shall be required to attend the core pesticide training session and accumulate twelve additional units of Department approved pesticide training;

(b) Not more than eight units of Department approved pesticide training may be accumulated for recertification during a single 12-month period (January–December);

(c) Credit for attending core pesticide training can only be obtained twice during the five year certification period. The second core pesticide training session attended will be credited toward the twelve additional units of Department approved pesticide training required for recertification; and

(5) The core pesticide training required by section (4) of this rule shall consist of a total of at least 4 units of instruction (50–60 minutes of instruction per unit) on any one or more of the following topics:

(a) Principles of Integrated Pest Management as defined in ORS 634.650;

(b) Label Comprehension;

(d) Methods to minimize pesticide drift and off-target deposition of pesticides, including nozzle selection, product formulation, product volatility, buffers and barriers, adjuvants, precision application technology, and environmental conditions (wind, inversion, temperature, etc.);

(e) Pest resistance prevention;

(f) Laws (environmental, endangered species, ground and surface water protection, worker protection standards (WPS), pesticide and pesticide container disposal); and

(g) Personal Safety (including personal protective equipment (PPE)).

(6) The submission of pesticide training sessions to the Department for approval, assignment of approved units of instruction and conditions relating thereto shall be done in accord with OAR 603-057-0150(2).

(7) The Department shall make available to each holder of a private applicator certificate of the expiration date of his/her certificate, of his/her attendance of core training, and of the number of units of additional Department approved pesticide training accumulated toward renewal of the certificate.

(8) The requirement for re-examination as specified in section (3) of this rule and the alternate procedure of attending Department approved pesticide training as specified in section (4) of this rule shall be waived if the applicant for a private applicators certificate renewal is a commercial applicator, noncommercial applicator, public applicator or consultant. Said waiver shall be in effect only for the period the applicant is a commercial applicator, noncommercial applicator, public applicator or consultant. Such waiver shall not affect the requirement for re-examination or the alternate procedure of OAR 603-057-0150 for commercial applicators, noncommercial applicators, public applicators or consultants specified elsewhere in these administrative rules.

(9) The fee for a private applicator certificate shall be $25.

History

Statutory/Other Authority: ORS 561.190 & 634
Statutes/Other Implemented: ORS 634.124 & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 21-2012, f. & cert. ef. 7-10-12
AD 8-1996, f. 7-12-96, cert. ef. 8-9-96
AD 8-1993, f. 6-8-93, cert. ef. 8-1-93
AD 8-1988, f. 8-30-88, cert. ef. 10-1-88
AD 7-1977, f. & ef. 4-5-77

Or. Admin. R. 603-057-0140 Pesticide Dealer Records

(1) As provided in subsections (6) and (7) of ORS 634.322, a pesticide dealer shall prepare and maintain records of his sales of restricted-use and highly toxic pesticides for a period of three years. Such records shall include:

(a) The names and addresses of the purchasers of such pesticides, and the license or certificate numbers of the purchasers;

(b) The date of sale;

(d) The quantity of each sale of such pesticides.

(2) In addition to the requirements of a pesticide dealer otherwise specified in (1) of this section, a pesticide dealer shall prepare and maintain records of sales of products containing the active ingredient carbofuran as follows:

(a) The name and address of the person who received the product when the product was not delivered directly to the purchaser;

(b) The crop(s) to which the product will be applied;

(d) The amount of product that will be applied to each acre of each crop;

(e) The intended date of application to each crop.

(3) The information required by (2) above shall be obtained by the pesticide dealer from the person receiving the product at the time of distribution or sale.

(4) All information prepared for every distribution or sale of a pesticide product containing the active ingredient carbofuran shall be submitted by the pesticide dealer to the Oregon Department of Agriculture within five business days of the distribution or sale.

(5) Failure to comply with the conditions set forth in OAR 603-057-0140 may be considered as violations of ORS 634.372, and may be subject to any enforcement action available to the department under ORS 634.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.322
DOA 8-2007,f. & cert. ef. 5-9-07
DOA 4-2007(Temp), f. 2-26-07, cert. ef. 3-1-07 thru 8-27-07
AD 7-1977, f. & ef. 4-5-77

Or. Admin. R. 603-057-0145 Pesticide Consultant Standards of Competence

(1) As provided in ORS 634.132, competence of a pesticide consultant to advise or make recommendations concerning the use, handling, or selection of restricted-use pesticides shall be determined on the basis of a written examination. As a supplement to the subject matters set forth in section (2) of ORS 634.132, the examination shall also include the subject matters set forth in OAR 603-057-0120(1) relating to the General Standards of Commercial Applicator, Public Applicator and Noncommercial Applicator Competence.

(2) A pesticide consultant licensed pursuant to this section may not advise or make recommendations in subcategories (a) or (b) of 603-057-0115(4), Regulatory Pest Control, regarding the use, handling, or selection of the M-44 Device containing sodium cyanide or the livestock protection collar containing sodium fluoroacetate (Compound 1080).

(3) A pesticide consultant licensed pursuant to this section may add the category Demonstration and Research, as defined in OAR 603-057-0110 (3), to their license following successful completion of the written examination for the Demonstration and Research category.

(4) A pesticide consultant licensed pursuant to this section in the category Demonstration and Research is eligible to be licensed as a commercial applicator, public applicator and noncommercial applicator in the category of Demonstration and Research without further examination. An application for such commercial, noncommercial, or public applicator's license, or for the addition of the category to an existing license, and the appropriate fee payment must be made separately from the application for, or the addition to, a pesticide consultant’s license.

(5) If an applicant for a pesticide consultant's license has passed a current written examination accredited by another state with which the Department has a reciprocal agreement on certification or licensing, and submits evidence of the same to the department at the time of submitting his license application with applicable fee, the license examination may be waived.

(6) An applicant for a pesticide consultant's license renewal shall be required to take and successfully complete a reexamination each fifth year after taking the original examination, and be subject to the provisions of this section in regard thereto. However, if the Department's records indicate the applicant for license renewal has complied with the provisions of OAR 603-057-0150, the written reexamination shall be waived.

(7) In the event an applicant for a pesticide consultant's license fails the written examination or reexamination, the applicant shall be eligible to take the examination again upon submitting a new application for the same.

(8) A pesticide consultant licensed pursuant to this section shall also be eligible to be licensed as a private applicator for the purpose of purchasing, using or supervising the use of any restricted use or highly toxic pesticides for the purpose of producing agricultural commodities or forest crops on land owned or leased by the person. An application and fee payment for a private applicator’s license must be made separately from the application and fee payment for the pesticide consultant license. The certification date of the private applicator license will be consistent with that of the consultant license.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306(5) & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 8-2009, f. & cert. ef. 7-15-09
AD 6-1997, f. & cert. ef. 6-11-97
AD 15-1978, f. & ef. 9-15-78
AD 7-1977, f. & ef. 4-5-77

Or. Admin. R. 603-057-0150 Alternative Requirements for Competence of Commercial, Public, or Noncommercial Applicator or Consultant License Renewal

In lieu of the written re-examination requirements of OAR 603-057-0120(3) or of 603-057-0145(4), an applicant for renewal of a commercial applicator license, a public applicator license, a noncommercial applicator license or a pesticide consultant license may accumulate at least 40 credits by attending pesticide-instructional sessions, accredited by the Department, during the five-year period preceding the year in which the written re-examination would be required, in accordance with the following:

(1) Not more than 15 credits may be accumulated for recertification purposes by an applicant during any one calendar year.

(2) In the event a pesticide instructional session is desired to be considered for accreditation by an applicant, such applicant shall submit to the Department, or person authorized by the Department, a written request for accreditation not less than 30 days prior to the scheduled session, which written request shall include the agenda and summary of each topic/presentation of the session, the session sponsor, the name and address of the session sponsor, and the time and place of such session. Upon receipt of such written request, the Department, in consultation with Oregon State University, shall evaluate the instructional value of the session and either deny accreditation or assign credits to the entire session or any portion thereof in a range from 1 to 15, assigning no more than one credit for each 50 minute period of instruction. No such instructional sessions shall be considered for accreditation that is less than two credit hours in length except for computer based trainings as approved by the Department. In the event an instructional session is accredited, the Department shall provide the session instructor or sponsor with attendance certificates to be completed by such instructor or sponsor and returned by the applicants to the Department within 15 days after the session is completed. Under exceptional circumstances, as described in writing by an applicant, a written request for accreditation submitted later than 30 days prior to the scheduled session may be assigned credits in accordance with the provisions of this rule. Falsification of any part of such attendance certificate shall be considered grounds for license revocation proceedings by the Department.

(3) This section shall not apply to persons licensed to use the livestock protection collar in Oregon, in accordance with OAR-603-057-0120(3).

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306(5) & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 21-2012, f. & cert. ef. 7-10-12
AD 6-1997, f. & cert. ef. 6-11-97
AD 8-1996, f. 7-12-96, cert. ef. 8-9-96
AD 10-1987, f. & ef. 7-1-87
AD 15-1978, f. & ef. 9-15-78

Or. Admin. R. 603-057-0160 Pesticide Use for Experimental or Research Purposes

(1) Use of any substance or combination of substances as a pesticide with the intent of gathering data needed to satisfy pesticide registration requirements of the United States Environmental Protection Agency (EPA) or of the department shall be considered pesticide use for experimental or research purposes.

(a) An experimental use permit that is issued by the department constitutes the approval required by ORS 634.022(2).

(b) The permit requirement in this section is in addition to pesticide licensing requirements.

(2) The requirement to obtain an experimental use permit is not applicable to:

(a) Experiments or research conducted by federal or state agencies; or

(b) Experiments or research conducted entirely in one or more greenhouses; or

(A) Use pesticides that are registered by EPA and the department; and

(B) Use pesticides in the manner consistent with the product label.

(3) To obtain an experimental use permit, a person must submit a complete application to the department and be in compliance with subsection (14) of this section. The pesticide use described in the application may not begin until the department issues the experimental use permit.

(a) The applicant must use a form approved by the department; and

(b) The application must be submitted to the department at least 30 days prior to intended use.

(4) There are two types of experimental use permits: site-specific and collective.

(5) A site-specific experimental use permit authorizes pesticide use for experimental or research purposes that are at sites specified in the permit and are not covered by a collective experimental use permit.

(a) Approvable sites include, but are not limited to, aquatic, residential, recreational and structural sites, areas with public access, commodity storage facilities, and areas exceeding a total of one acre.

(b) Each application for a site-specific experimental use permit will include the following:

(A) The name, address, and telephone numbers of the applicant and of the person responsible for carrying out the provisions of the experimental use permit;

(B) Identification of each pesticide to be used, including;

(i) The name of the pesticide active ingredient;

(ii) The name of the pesticide product, if any; and

(iii) The EPA registration number of the pesticide product, if any.

(C) The name, address, and telephone numbers of the person responsible for carrying out the provisions of the experimental use permit at each specific site, and the number of the pesticide-related license issued to the person by the department, and the means of locating the person in case of an emergency;

(D) The purpose of the experiment or research, including a list of the intended target pest(s), if any;

(E) The approximate date(s) of pesticide use;

(F) The intended crop or site of pesticide use;

(G) Specific description and location of each site where pesticide use may occur, including the size (for example, acres, or square feet) of each site;

(H) Disposition of any food or feed item from the crop or site on which the pesticide will be used;

(I) Application rate(s) of the pesticide, and number of applications;

(J) Method of application;

(K) Timing and duration of the proposed experiment or research;

(L) Total amount of pesticide to be used, diluent, and dilution rate;

(M) Copy of any experimental use permit issued by EPA, if applicable;

(N) A copy of the labeling that will accompany the pesticide in the field; and

(O) Any other information pertinent to the experiment or research specifically requested by the department.

(6) A site-specific experimental use permit may be issued for up to twelve months from the date of approval by the department.

(7) A collective experimental use permit authorizes pesticide use for experiments or research without identifying any specific site. Approvable sites include agricultural and forestry sites.

(a) The applicant may use one or more sites in any location in Oregon provided that the total size of all of the sites used for a particular pesticide does not exceed one acre.

(b) Each application for a collective experimental use permit will include the following:

(A) The name, address, and telephone numbers of the applicant and of the person responsible for carrying out the provisions of the experimental use permit, the number of the pesticide-related license issued to the person by the department, and the means of locating the person in case of an emergency;

(B) A signed statement that all pesticide use will comply with all of the provisions of the collective experimental use permit and of this section; and

(8) A collective experimental use permit will be issued for as long as one calendar year, ending December 31st.

(9) Any person conducting pesticide use for experimental or research purposes must be appropriately licensed by the department and include the category Demonstration and Research, as specified in OAR 603-057-0110(3), on that license. This licensing requirement applies to all persons making pesticide applications for experimental or research purposes and is not limited to persons conducting pesticide research authorized by an experimental use permit.

(10) Any crop or site on which a pesticide is used for experimental or research purposes shall be under the control of the person authorized to conduct that pesticide use. Said control may include:

(a) Ownership, rental or lease of the land on which the crop or site is located by the person;

(b) Ownership, rental or lease of the land on which the crop or site is located by the immediate employer of the person;

(c) Documented permission for the pesticide use from the owner, renter or leaseholder of the land on which the crop or site is located;

(d) Documented permission for the pesticide use from the public entity in possession or control of the land on which the crop or site is located.

(11) Any person using pesticides for experimental or research purposes shall prepare, maintain, and provide records in the same manner as in ORS 634.146 and OAR 603-057-0130.

(12) As provided by ORS 634.322(6), the department may deny an application for an experimental use permit or, amend, suspend or revoke any experimental use permit issued by the department.

(13) The department may establish conditions in an experimental use permit approval that the department determines necessary to be consistent with ORS Chapter 634 and this section.

(14) The holder of an experimental use permit shall provide the department a summary report of the experiments and research conducted under the permit no later than 30 days after the expiration date of the permit.

(a) Each summary report must include, at a minimum, the identification number of the experimental use permit, the records required by subsection (11) of this section, any adverse environmental, human, or animal health effects resulting from the pesticides used, and, if any pesticide use occurred on a food or feed item, documentation of food or feed item destruction, crop/site isolation, or other measures taken to prevent the food or feed item from being used or consumed.

(b) If the required summary report is not provided to the department, the department will not issue any future experimental use permit to the applicant.

(15) If information is provided in an experimental use permit application, summary report, or other form that is identified by the applicant as confidential, the department will hold the information confidential to the extent allowed under ORS Chapter 192.

(16) Any food or feed item to which a pesticide used for experimental or research purposes has been applied must be rendered unusable for food or feed unless a tolerance greater than the residues resulting from the use has been established or, if allowed by law, conditions implemented to prevent any use of the treated crop/site for food or feed for a period no less than 365 days. Such food or feed item may include, but is not limited to crop, forage (including grazing rangeland or pasture), green chop, hay, seed screenings, silage, and straw. The department requires documentation of food or feed item destruction or crop/site isolation as a condition of the experimental use permit.

(17) The department may monitor any pesticide used for experimental or research purposes. Monitoring may include, but is not limited to:

(a) Observing, inspecting, and documenting mixing, loading, transportation, and application activities;

(b) Inspecting and documenting application equipment;

(d) Interviewing any person that may have knowledge regarding the pesticide use; and

(e) Reviewing any records.

(18) The permit holder or the person that conducted the pesticide use must immediately report to the department any adverse environmental, human, or animal health effects resulting from pesticides used for experimental or research purposes.

(19) In addition to any other liability or penalty provided by law, any failure by any person to comply with the provisions of this section, as determined by the department, may be used as a basis for one or more of the following actions, if applicable:

(a) To revoke, suspend or refuse to issue an experimental use permit, in accordance with ORS 634.022 or 634.322(6);

(b) To revoke, suspend or refuse to issue any license of a permit holder or of a person that conducted a pesticide use for experimental or research purposes, in accordance with ORS 634.322(4);

History

Statutory/Other Authority: ORS 634
Statutes/Other Implemented: ORS 634 & HB 4062 (2022) Section 2(7)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 15-2009, f. & cert. ef. 12-7-09
DOA 8-2009, f. & cert. ef. 7-15-09

Or. Admin. R. 603-057-0180 Pesticide License Equivalency Provision

A commercial applicator, noncommercial applicator as described in ORS 634.006(8), or public applicator licensed pursuant to ORS 634.122 in the subcategory Agriculture-Herbicide, or in the subcategory Agriculture-Insecticide/Fungicide, or in the category Forest Pest Control, shall be eligible to be licensed as a Private applicator to purchase, use, and/or supervise the use of any pesticide, classified by the department as a restricted-use or highly toxic pesticide, for the purpose of producing agricultural commodities or forest crops on land owned or leased by the licensee or licensee’s immediate employer. An application and fee payment for such private applicator license must be made separately from the application and fee payment for the commercial, noncommercial, or public pesticide applicator license. The certification date of the private applicator license will be consistent with that of the commercial, noncommercial, or public pesticide applicator license.

History

Statutory/Other Authority: ORS 634
Statutes/Other Implemented: ORS 634 & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 19-2018, minor correction filed 05/23/2018, effective 05/23/2018
DOA 9-2009, f. & cert. ef. 7-15-09

Or. Admin. R. 603-057-0190 License Equivalency Provision for Noncommercial Pesticide Use

(1) Pursuant to ORS 634.006(12), an appropriately licensed commercial applicator is not required to additionally obtain and maintain a noncommercial applicator license to use, apply, or supervise the use of restricted-use or highly toxic pesticides to land or property owned or leased by the licensed commercial pesticide applicator or their employer if all of the following conditions are met:

(a) The individual applies or otherwise uses pesticides only in the license categories listed on the individual’s commercial applicator license;

(b) The individual applies or otherwise uses pesticides only in the course of their employment with a licensed pesticide operator; and

(c) The licensed pesticide operator prepares and maintains the records, and submits the reports, required of pesticide operators by ORS 634.146 and OAR 603-057-0130.

(2) This rule shall not apply to individuals who perform the work, duties or responsibilities of a private applicator or a public applicator.

History

Statutory/Other Authority: HB 4062 (2022) Section 2(9), ORS 634.146 & ORS 634.306(13)
Statutes/Other Implemented: ORS 634.006(12) & 634.006(8)
DOA 38-2023, adopt filed 10/30/2023, effective 11/17/2023

Or. Admin. R. 603-057-0200 Limitations on Restricted Use Pesticides

As provided in ORS 634.306 and ORS 634.322 and in addition to other provisions of ORS Chapter 634, the following limitations and procedures shall apply to the distribution and use of restricted use pesticides identified in OAR 603-057-0205:

(1) A restricted use pesticide shall only be:

(a) Distributed for use by and used by an appropriately licensed commercial, noncommercial, public or private applicator; and

(b) Distributed or sold to users by an appropriately licensed pesticide dealer.

(2) A private applicator, a pesticide operator, a commercial applicator, a noncommercial applicator, a public applicator, or their designated agent shall display their appropriate certificate or license to the pesticide dealer at the time of purchase of a restricted use pesticide, so that the number thereof may be recorded by the pesticide dealer pursuant to OAR 603-057-0140.

History

Statutory/Other Authority: ORS 561.190 & 634
Statutes/Other Implemented: ORS 634.306, 634.322 & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
AD 13-1992, f. & cert. ef. 10-13-92
AD 10-1987, f. & ef. 7-1-87
AD 7-1977, f. & ef. 4-5-77
AD 1036(26-74), f. 8-20-74, ef. 9-11-74

Or. Admin. R. 603-057-0205 Listing of Restricted Use Pesticides

As provided in ORS 634.006(22), 634.306(4), and 634.316, restricted-use pesticides shall include all of the following:

(1) Any pesticide active ingredient, formulation, product or usage classified as restricted-use by the United States Environmental Protection Agency, through administration of the Federal Insecticide, Fungicide and Rodenticide Act, and identified in current Title 40, Chapter 1, Sub-Chapter E, Part 152 of the Code of Federal Regulations;

(2) Any pesticide product having labeling which specifies the product as being restricted-use and has been accepted by the department for the purpose of registration as provided in ORS 634.016; or

(3) Any pesticide or device which the department has found and determined to be so injurious or detrimental to persons (including sensitive subgroups), pollinating insects, bees, animals, crops, wildlife, land or environment, other than the pests it is intended to prevent, destroy, control or mitigate, that additional restrictions are required. In establishing and maintaining classifications of restricted-use pesticides and devices, the department shall take into consideration:

(a) Laws and regulations of the federal government, including the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq., as amended, and the Federal Environmental Pesticide Control Act of 1972, 86 Stat. 973;

(b) Laws and regulations of other states; and

(c) Advice and counsel of experts in pesticides from industry, universities and colleges and other governmental agencies or bodies, and of other stakeholders.

History

Statutory/Other Authority: ORS 561.190 & 634.306
Statutes/Other Implemented: ORS 634.306 & 634.316
DOA 22-2020, amend filed 12/15/2020, effective 12/15/2020
AD 13-1992, f. & cert. ef. 10-13-92
AD 17-1990, f. & cert. ef. 10-2-90
Reverted to AD 10-1987, f. & ef. 7-1-87
AD 1-1990(Temp), f. & cert. ef. 3-1-90
AD 10-1987, f. & ef. 7-1-87
AD 12-1985, f. & ef. 11-27-85
AD 24-1981, f. & ef. 12-1-81
AD 7-1980, f. & ef. 9-25-80
AD 8-1978, f. & ef. 6-23-78
AD 28-1977, f. & ef. 12-5-77
AD 7-1977, f. & ef. 4-5-77
AD 1036(26-74), f. 8-20-74, ef. 9-11-74

Or. Admin. R. 603-057-0216 Pesticide Residue Tolerances in Foods

The rules governing residue tolerances of pesticides permitted on raw agricultural products and the exemptions from such tolerances, adopted by the United States Environmental Protection Agency and in effect as of the effective date of this rule, are hereby adopted by the Department as the rules governing residue tolerances of pesticides permitted on raw agricultural products and exemptions from such tolerances in the State of Oregon. Said federal rules are set forth in Title 40 Code of Federal Regulations (CFR), Chapter 1, Part 180.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306 & 634.042
DOA 16-2007, f. & cert. ef. 10-25-07
DOA 9-2007(Temp), f. & cert. ef. 6-7-07 thru 12-1-07
AD 7-1977, f. & ef. 4-5-77

Or. Admin. R. 603-057-0301 2,4-D; High Volatile Esters

The high volatile esters of 2,4-D (2,4-Dichlorophenoxyacetic acid), including the methyl, ethyl, propyl, butyl, and amyl esters thereof, shall be subject to the restrictions and conditions on the use or application thereof as set forth in OAR 603-057-0305 to 603-057-0320.

History

Statutory/Other Authority: ORS 561.190, 634.306 & 634.322
Statutes/Other Implemented: ORS 634.306 & 634.322
AD 1072(18-75), f. & ef. 12-5-75

Or. Admin. R. 603-057-0305 Areas Affected

All lands situated north of Interstate Highway 80N within the Counties of Morrow and Umatilla, excluding therefrom land presently subject to the East Umatilla Chemical Control District Order, shall be subject to the restrictions and limitations set forth in OAR 603-057-0305 to 603-057-0320.

History

Statutory/Other Authority: ORS 561.190, 634.306 & 634.322
Statutes/Other Implemented: ORS 634.306 & 634.322
AD 1072(18-75), f. & ef. 12-5-75

Or. Admin. R. 603-057-0310 Time Period

The restrictions and conditions on the use or application of the high volatile esters of 2,4-D specified in OAR 603-057-0301 shall apply for the period of April 1 to September 1 of each year.

History

Statutory/Other Authority: ORS 561.190, 634.306 & 634.322
Statutes/Other Implemented: ORS 634.306 & 634.322
AD 1072(18-75), f. & ef. 12-5-75

Or. Admin. R. 603-057-0315 Prohibited Acts

(1) No landowner shall use, apply, or cause to be applied, either by ground or aerial equipment, 2,4-D in the formulations described in OAR 603-057-0301 within the area prescribed in 603-057-0305 or within the time period prescribed by 603-057-0310, without first having applied for and received a permit from the Department as provided in 603-057-0320.

(2) No commercial applicator, public applicator, noncommercial applicator, trainee as described in ORS 634.006, or pesticide operator shall use, apply, or cause to be applied, either by ground or aerial equipment, 2,4-D as prescribed in section (1) of this rule without first having received a copy of a valid permit from the landowner as provided in OAR 603-057-0320.

(3) No person shall violate the restrictions or conditions of a permit issued under OAR 603-057-0320.

History

Statutory/Other Authority: ORS 561.190, 634.306 & 634.322
Statutes/Other Implemented: 634.306, 634.322 & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
AD 1072(18-75), f. & ef. 12-5-75

Or. Admin. R. 603-057-0320 Permits and Applications

(1) Application for a permit to use or apply 2,4-D, otherwise prohibited by the provisions of OAR 603-057-0315, shall be made by a landowner to the Department on forms prescribed by the Department or, should there be insufficient time to utilize the United States mail, be made by a landowner by means of telegram or telephone to the Department. The application shall contain the following:

(a) The name and address of the landowner-applicant;

(b) The names of any authorized agents of the landowner;

(d) The amount of acreage to which the pesticide will be applied and the location of such acreage;

(e) The purpose for which the pesticide is to be applied or used;

(f) The amount of the pesticide to be applied, the common or chemical name of the pesticide, and the rate of application per acre;

(g) The name and address of any person other than the landowner intended to apply the pesticide.

(2) Permits shall be on forms prescribed by the Department and, in addition to the information described in section (1) of this rule, shall include a permit number, dates of issuance and expiration, and any special restrictions and conditions on the use or application being permitted.

(3) The person to whom a permit is issued shall retain a copy of the same until 60 days after the expiration date of such permit, and shall deliver a copy of such permit to any other person applying or causing application of the pesticide who shall also retain his copy of the permit until 60 days after the expiration date of such permit.

(4) Permits shall only be issued upon the determination by the Department that the use or application of the pesticide is for the eradication or control of sagebrush or rabbit brush, and upon the further determination of the Department that the geography, time periods, and climatic conditions would reasonably allow the use or application of the pesticide without substantial adverse effects upon grapes.

History

Statutory/Other Authority: ORS 561.190, 634.306 & 634.322
Statutes/Other Implemented: ORS 634.306 & 634.322
AD 1072(18-75), f. & ef. 12-5-75

Or. Admin. R. 603-057-0325 Sodium Cyanide and M-44 Device

Sodium cyanide and the M-44 device shall be subject to the restrictions and conditions set forth in OAR 603-057-0335 to 603-057-0350.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306(5)
AD 6-1997, f. & cert. ef. 6-11-97

Or. Admin. R. 603-057-0335 Sodium Cyanide and M-44 Device; Restrictions on Use

Only employees of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control, who are licensed as public applicators in the category specified in OAR 603-057-0115(4)(a), shall be entitled to use sodium cyanide and the M-44 device for the control of coyotes and certain other wild canids.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306(13) & 634.322(6)
AD 6-1997, f. & cert. ef. 6-11-97
AD 12-1985, f. & ef. 11-27-85
AD 1-1982, f. & ef. 3-5-82
AD 7-1977, f. & ef. 4-5-77
AD 1066(12-75), f. 8-11-75, ef. 10-15-75

Or. Admin. R. 603-057-0350 Sodium Cyanide and the M-44 Device; Records and Reports

(1) Public pesticide applicators using sodium cyanide and the M-44 device shall not be required to keep records as specified in ORS 634.146 or OAR 603-057-0130, but instead shall make and maintain records which contain but are not limited to the following:

(a) Species and numbers of animals eradicated, whether target or non-target, and the dates and locations thereof;

(b) Numbers and locations of devices emplaced, with dates of installations and retrievals;

(d) The name and address of the person on whose property sodium cyanide and the M-44 device was used; and

(e) The name and address of the pesticide applicator.

(2) The records required by section (1) of this rule shall be made available to the Department for inspection and verification. Upon request of the Department, such record information shall be submitted to the Department in the form of periodic reports. Such records shall be maintained by the user for at least three years after the cessation of the user use activity.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306(13) & 634.322(6)
AD 6-1997, f. & cert. ef. 6-11-97
AD 12-1985, f. & ef. 11-27-85
AD 1-1982, f. & ef. 3-5-82
AD 1066(12-75), f. 8-11-75, ef. 10-15-75

Or. Admin. R. 603-057-0355 Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar

(1) Sodium fluoroacetate (Compound 1080) and the livestock protection collar shall be subject to the restrictions and conditions set forth in OAR 603-057-0360 to 603-057-0375.

(2) Failure to comply with the restrictions and conditions set forth in OAR 603-057-0360 to 603-057-0375, as determined by the Oregon Department of Agriculture, may be used as a basis for one or more of the following actions:

(a) To revoke, suspend or refuse to issue or renew the license or certification of an applicant, licensee or certificate holder in accordance with ORS 634.322(4);

(b) To amend, suspend or revoke the registration(s) pertaining to the livestock protection collar in accordance with ORS 634.322(5);

(d) To initiate and pursue any other action of an enforcement nature available through ORS 634.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306(13) & 634.322(6)
AD 6-1997, f. & cert. ef. 6-11-97
AD 7-1977, f. & ef. 4-5-77

Or. Admin. R. 603-057-0360 Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Restrictions on Use

(1) Coyotes shall be the only species that may be considered to be a regulated pest, as defined in OAR 603-057-0001(8), and therefore considered to be a target organism, upon which sodium fluoroacetate (Compound 1080) and the livestock protection collar may be used.

(2) Only employees of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control, licensed as public pesticide applicators in the subcategory specified in OAR 603-057-0115(4)(b) shall use the livestock protection collar containing sodium fluoroacetate (Compound 1080).

(3) The following shall apply to use of the livestock protection collar containing sodium fluoroacetate (Compound 1080):

(a) Use of collars shall conform to all applicable federal, state and local regulations;

(b) Use of collars shall be limited to appropriate sites within the geographic boundaries of Curry County, Oregon;

(d) Collars shall only be filled with Compound 1080 solution by the manufacturer;

(e) Collars shall be used only to take coyotes that prey upon domestic livestock within fenced pastures no larger than 2,560 acres;

(f) Collars may be used only after a finding by United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control personnel that appropriate non-lethal methods of coyote control, by method, have failed to reduce losses to an acceptable level, and all other available lethal or non-lethal methods have been found to be ineffective or inappropriate;

(g) Prior to use of the livestock protection collar at a particular site, a preapplication inspection report will be completed by the applicator which identifies the following:

(A) Non-lethal techniques utilized at the site, and the reason each one was found to be impractical or unsatisfactory;

(B) Non-lethal techniques considered for the site, and the reason each one was considered impractical or unsatisfactory;

(D) Lethal techniques considered for the site, and the reason each one was considered impractical or unsatisfactory.

(h) Where collars are in use, each logical point of access shall be conspicuously posted with a bilingual (English/Spanish) warning sign not less than 8” x 10” in size. Such signs shall be inspected weekly to insure their continued presence and legibility, and will be removed when all collars are removed and accounted for;

(i) Each collar in use shall be inspected by the applicator at least twice a week to insure that it is properly positioned and unbroken;

(j) Damaged or broken collars shall be removed from the field and either returned to the manufacturer for repair or disposed of properly;

(k) If a collar is lost, an intensive search for the missing collar shall be conducted within twelve hours from the time the loss is noted. Use of all other collars at the particular site shall be terminated after twelve hours if a search is not conducted for the lost collar and a cause for the loss identified. If the collar is lost due to a deficiency which can be corrected, appropriate corrections will be enacted prior to the continued use of collars on that site;

(l) If a collar is found to have been punctured by a predator attacking a collared animal, an intensive search shall be conducted for the animal which punctured the collar;

(m) Disposal of punctured or unserviceable collars and contaminated animal remains, vegetation and soil shall be accomplished by deep burial or burning at a safe location, preferably on the property of the landowner;

(n) Storage of livestock protection collars containing Compound 1080 shall only be under lock and key in a dry place away from food, feed, domestic animals and corrosive chemicals. Collars shall not be stored in any structure occupied by humans.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306(13) & 634.322(6)
AD 6-1997, f. & cert. ef. 6-11-97
AD 10-1987, f. & ef. 7-1-87
AD 7-1977, f. & ef. 4-5-77

Or. Admin. R. 603-057-0365 Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Registrant of Livestock Protection Collars

Only the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Damage Control may be the registrant of the livestock protection collar containing the active ingredient sodium fluoroacetate (Compound 1080).

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306(13) & 634.322(6)
AD 6-1997, f. & cert. ef. 6-11-97
AD 7-1977, f. & ef. 4-5-77

Or. Admin. R. 603-057-0375 Sodium Fluoroacetate (Compound 1080) and the Livestock Protection Collar; Records and Reports

(1) Public pesticide applicators using the livestock protection collar shall not be required to keep records as specified in ORS 634.146 or OAR-603-057-0130, but instead shall make and maintain records which contain but are not limited to the following:

(a) The name and address of the person on whose property the livestock protection collar was used and the name and address of the public pesticide applicator;

(b) The location and size of agricultural or rangeland areas (fields) in which the livestock protection collars containing sodium fluoroacetate (Compound 1080) were used;

(c) The date each individual collar was obtained by the applicator, placed on livestock, punctured or ruptured (along with apparent cause), lost or unrecovered, or removed and put in storage;

(d) The species, date, and location of each animal found poisoned or suspected of having been poisoned as a result of the use of Compound 1080 in livestock protection collars;

(e) A written description of any intensive search for missing collars or poisoned animals conducted as specified in OAR 603-057-0360(3)(j) and (k).

(2) The registrant shall keep records of all collars distributed. Records shall include the name and address of each recipient along with dates and numbers of collars received.

(3) The records required by sections (1) and (2) of this rule shall be maintained by the applicator for a period of three years and shall be made available to the Department for inspection and verification upon request of the Department. This record information shall be submitted to the Department and the U.S. Environmental Protection Agency in the form of periodic reports. Any poisoning of non-target species shall be reported immediately (within three days) to the U. S. Environmental Protection Agency and the Department. Each accident or injury to humans or domestic animals shall likewise be reported.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306(13) & 634.322(6)
AD 6-1997, f. & cert. ef. 6-11-97
AD 7-1977, f. & ef. 4-5-77

Or. Admin. R. 603-057-0376 Microencapsulated Methyl Parathion

(1) Microencapsulated methyl parathion shall be subject to the restrictions and conditions on the use thereof as set forth in this rule.

(2) In recognition of the possible injurious or adverse effects to bees from their exposure to miroencapsulated methyl parathion, such insecticide:

(a) Shall not be applied on any field crop having an average of five or more blooms per square yard for the area to be sprayed;

(b) Shall not be applied to any corn crop having ten percent or more of its plants with spike anthers;

(c) Shall not be applied on any orchard or vineyard having an average of one or more open blooms per tree or vine (except second bloom of pears); and

(d) Shall not be applied on any field crop, orchard, vineyard, fence line, ditch bank or edge of agricultural land, having an average of five or more weed blooms per square yard.

(3) The following applications of microencapsulated methyl parathion shall be exempt from the restrictions of section (2) of this rule; if such applications are made in accordance with the label directions for such insecticide, and if such label is a part of the federal and state registrations of such pesticide:

(a) Applications on tree fruit in the “Hood River-The Dalles” growing areas made at least 30 days after full bloom of the Red Delicious apples and made not less than 14 days prior to harvest of such tree fruit (the date of Red Delicious apple “full bloom” for any particular area shall be established by the Department, in consultation with the Oregon State University Extension Service Agent for such particular area);

(b) Applications on wheat in growing areas east of the Cascade Mountain Range, during the fall and winter seasons of each year;

(d) Applications on white-blooming peas.

(4) Microencapsulated methyl parathion is a highly toxic pesticide and therefore is also subject to the restrictions set forth in OAR 603-057-0200.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306 & 634.322
AD 19-1978, f. & ef. 12-11-78

Or. Admin. R. 603-057-0378 Limitations on Pesticide Products Containing Clopyralid

(1) Any application or use of a pesticide product known to contain the active ingredient clopyralid to a location other than an agricultural, forest, right-of way, golf course or cemetery site is prohibited.

(2) For the application or use of a pesticide product containing clopyralid on a site allowed under (1) above, all applicable label instructions must be followed. Providing grass clippings or other materials from a treated site for use in compost is prohibited.

(3) Pesticide products known to contain the active ingredient clopyralid and having product labeling which authorizes application or use on an agricultural, forest, right-of way, golf course or cemetery site, or on any other site, may be registered and distributed during 2003. For 2004 and subsequent years, a pesticide product known to contain the active ingredient clopyralid must satisfy one of the following requirements in order to be registered:

(a) The label must specify that the product may only be used on sites allowed by (1) above; or

(b) The label must clearly and prominently display the following statement: "Use of this product in Oregon is limited to the sites stated on this label which are agricultural, forest, right-of-way, golf course or cemetery sites."

(4) Failure to comply with sections (1), (2), or (3) above may result in one or more of the following actions:

(a) Revocation, suspension or refusal to issue or renew the license or certification of an applicant, licensee or certificate holder in accordance with ORS 634.322(4);

(b) Imposition of a civil penalty, in accordance with ORS 634.900;

History

Statutory/Other Authority: ORS 634.322(6) & 634.026(1e)
Statutes/Other Implemented: ORS 634
DOA 26-2003, f. & cert. ef. 7-15-03
DOA 14-2003(Temp), f. & cert. ef. 3-28-03 thru 9-24-03

Or. Admin. R. 603-057-0384 Persistent, Bioaccumulative, and Toxic (PBT) Polutants

(1) The following pesticide active ingredients, previously canceled by the United States Environmental Protection Agency, have been designated as “high priority” persistant, bioaccumulative and toxic pollutants (PBTs) by the Oregon Department of Environmental Quality:

(a) Aldrin;

(b) Chlordane;

(d) Dieldrin;

(e) Hexachlorobenzene;

(f) Mercury based pesticides including, but not limited to, mercurous; chloride and mercuric chloride;

(g) Mirex;

(h) Toxaphene.

(2) In addition to the “high priority” active ingredients listed in (1), the following pesticide active ingredients, having been previously canceled by the United States Environmental Protection Agency have been identified as persistant, bioaccumulative and toxic pollutants (PBTs).

(a) Heptachlor;

(b) 2,4,5-Trichlorophenol.

(3) Any application or use of a pesticide product known to contain one or more of the active ingredients identified in (1) or (2) above is herewith prohibited.

(4) Failure to comply with the prohibition specified in (3) above, as determined by the Oregon Department of Agriculture, may be used as a basis for one or more of the following actions:

(a) To revoke, suspend or refuse to issue or renew the license or certification of an applicant, licensee or certificate holder in accordance with ORS 634.322(4);

(b) To impose a civil penalty, in accordance with ORS 634.900;

History

Statutory/Other Authority: ORS 634
Statutes/Other Implemented: ORS 634
DOA 31-2000, f. & cert. ef. 11-7-00
DOA 23-2000(Temp), f. & cert. ef. 8-28-00 thru 2-10-01

Or. Admin. R. 603-057-0388 Prohibits the Application of Four Neonicotinoid Insecticides

(1) It is prohibited to apply any product containing dinotefuran, imidacloprid, thiamethoxam, or clothianidin, regardless of application method, to linden trees, basswood trees or other Tilia species.

(2) Failure to comply with section (1) above may result in one or more of the following actions:

(a) Revocation, suspension or refusal to issue or renew the license or certification of an applicant, licensee or certificate holder;

(b) Imposition of a civil penalty;

History

Statutory/Other Authority: ORS 561.020, 634.322(6) & 634.900
Statutes/Other Implemented: ORS 634
DOA 6-2015, f. & cert. ef. 2-27-15

Or. Admin. R. 603-057-0392 Limitations on Pesticide Products Containing Aminocyclopyrachlor

(1) In addition to the other prohibitions stated in this rule, it is prohibited to apply any product containing aminocyclopyrachlor on any of the following sites:

(a) Rights of way;

(b) Natural areas, such as wildlife management areas, wildlife openings and wildlife habitats;

(d) Inner or outer banks of ditches or canals.

(2) An exception to the prohibitions in subsections (1)(a) - (1)(c) of this rule is if all of the following conditions are met:

(a) Applications are noncontiguous and, in the aggregate, do not exceed more than five percent of an acre;

(b) Use is limited to one application per 365 days per treated area; and

(3) In addition to the other prohibitions stated in this rule, it is prohibited to apply any product containing aminocyclopyrachlor in any area where the roots of nontarget trees or shrubs may extend.

(4) In addition to the other prohibitions stated in this rule, it is prohibited to apply any product containing aminocyclopyrachlor by any type of aerial application method.

(5)(a) In addition to the other prohibitions stated in this rule, it is prohibited to apply any product containing aminocyclopyrachlor in any of the following areas unless the application meets all of the conditions of section (2) of this rule:

(A) Sage-grouse core areas;

(B) Sage-grouse low density areas; or

(b) For purposes of this section, “core areas,” “low density” areas, and “general habitat” are defined in OAR 635-140-0002 and designated in maps maintained by the Oregon Department of Fish and Wildlife.

(6) In addition to the other prohibitions stated in this rule, it is prohibited to allow or provide plant materials, including sawdust, bark or other byproducts from trees, that have been treated with or otherwise exposed to aminocyclopyrachlor for use in compost, mulch or animal bedding that is subsequently used for compost or mulch.

(7) For purposes of this rule, “rights of way” means the following areas involved in common transport:

(a) City, county, state and federal roads and highways;

(b) Railroads and airports;

(c) Electric utilities (transformer stations and substations, switching stations, transmission lines and distribution lines), excluding wind farms;

(d) Pipelines;

(e) Banks of public bargeways and areas around locks and dams; and

(f) Bicycle, bridle, snowmobile and other public recreational paths.

(8) Failure to comply with this rule may result in one or more of the following actions:

(a) Revocation, suspension or refusal to issue or renew the license or certification of an applicant, licensee or certificate holder;

(b) Imposition of a civil penalty; or

History

Statutory/Other Authority: ORS 561.020, 634.016, 634.306, 634.322, 634.372 & 634.900
Statutes/Other Implemented: ORS 634
DOA 10-2019, adopt filed 05/09/2019, effective 05/09/2019

Or. Admin. R. 603-057-0405 General Requirements

As specified by Oregon Laws 1999, Chapter 1059, Sections 2 to 11, 15, 20, 21 and 22, each pesticide user must report to the Oregon Department of Agriculture the use of any pesticide product, as defined by ORS 634.006(8) except antimicrobial pesticide products.

(1) "Pesticide user" means any person who uses or applies a pesticide in the course of business or any other for-profit enterprise, or for a governmental entity, or in a location that is intended for public use or access (Chapter 1059, Oregon Laws 1999, Section 2).

(2) The Oregon Department of Agriculture shall determine which pesticide products are antimicrobial, according to the Federal Insecticide, Fungicide and Rodenticide Act, 7 U. S. C. 136(1) (P.L. 92-516, as amended). Antimicrobial products are substances or mixtures of substances used to destroy or suppress the growth of harmful microorganisms, whether bacteria, viruses, or fungi, on inanimate objects and surfaces. Types of antimicrobial pesticides include disinfectants and sanitizers. These products are exempt from reporting.

(3) Pesticide use reporting shall be subject to the conditions set forth in OAR 603-057-0410. Failure to comply with these conditions may be used as a basis for one or more of the following actions:

(a) Revoke, suspend, or refuse to renew the license or certificate of an applicant, licensee or certificate holder in accordance with ORS 634.322(4);

(b) Initiate and pursue any other action of an enforcement nature available through ORS 634.

(4) "Accredited University" as used in Oregon Laws 1999, Chapter 1059 and these rules means a privately or publicly operated institution of higher education accredited by a nationally recognized accrediting agency or association as determined by the U.S. Commissioner of Education.

(5) "Accepted Research Institute" means an institution of higher learning and applied science accepted by the Department.

(6) "Principal Investigator" means a person who leads the activities of a particular research project. In a university setting, this person is a member of the university faculty, and holds, at a minimum, the title or rank of assistant professor or equivalent.

(7) “Ready to Use” pesticide product means a pesticide product used directly from its original container, consistent with labeling, and without dilution or mixing prior to application.

(8) "Researcher" has the same meaning as "Principal Investigator". In a university setting, researcher refers to faculty scientists concentrating on certain areas of applied science or basic research.

(9) “Urban area” means a site that is ‘urban, general indoor” as specified in OAR 603-057-0413(7), or a site that is “urban, general outdoor’ as specified in OAR 603-057-0413(8).

History

Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999
Statutes/Other Implemented: Ch. 1059 OL 1999
DOA 11-2006, f. & cert. ef. 4-12-06
DOA 27-2001, f. & cert. ef. 12-4-01

Or. Admin. R. 603-057-0410 Pesticide Users Required to Report

(1) All pesticide products used by each pesticide user shall be reported at least once yearly to the Department. All pesticide use in a given calendar year shall be reported no later than January 31 of the following calendar year. A pesticide user may report the use of pesticide products on a more frequent basis if so selected by the pesticide user. Each report will include the required pesticide use information for the preceding specified period, or since the most recent filing of a pesticide use report, whichever time period is shorter.

(2) No action specified in OAR 603-057-0405(3) shall be taken for failure to report pesticide use for calendar year 2002, 2003, 2004, 2005, or 2006, or for any calendar year in which the Department does not provide a fully effective means for pesticide users to report pesticide use. Any pesticide use information obtained from pesticide users by the Department, by any means, for calendar year 2002, 2003, 2004, 2005 or 2006 will not be maintained by the Department and will not be made available to any person.

(3) Commercial pesticide operators are required to file the pesticide use report when a commercial pesticide operator uses a pesticide product in the course of business.

(4) All agencies, instrumentalities, subdivisions, counties, cities, towns, municipal corporations, districts, governmental bodies, schools and utilities are required to file the pesticide use report when a pesticide product is used by their employees.

(5) Employers are required to file the pesticide use report when an employee uses a pesticide product as an employee in the scope of his or her employment.

(6) All other pesticide users, other than as described in subsection (3), (4) or (5) of this section, using a pesticide product, are required to file the pesticide use report.

(7) Reports of pesticide use shall be made to the Department using forms or methods specified by the Department.

(8) A pesticide user may authorize another person, or persons, to serve as his/her agent(s) or proxy(ies) in filing pesticide use information with the Department.

History

Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999
Statutes/Other Implemented: Ch. 1059 OL 1999
DOA 11-2006, f. & cert. ef. 4-12-06
DOA 37-2003, f. & cert. ef. 10-15-03
DOA 16-2003(Temp), f. & cert. ef. 4-22-03 thru 10-18-03
DOA 23-2002(Temp), f. 12-2-02, cert. ef. 12-4-02 thru 6-1-03
DOA 27-2001, f. & cert. ef. 12-4-01

Or. Admin. R. 603-057-0411 Pesticide User Information

(1) Before filing pesticides use reports with the Department, each pesticide user shall register with the Department. The Department will record the pesticide user identification information identified below in a database separate from the database used to record reported pesticides use information. The Department will assign to each registered pesticide user a unique identification number. The pesticide user shall use the assigned identification number when filing pesticides use reports with the department.

(2) The following information regarding identification of a pesticide user shall be provided to the Department for the purpose of registering each pesticide user and assigning a unique identification number to each pesticide user.

(a) Identification of the pesticide user required to file the report, which shall be either:

(A) The name of the pesticide user; or

(B) The name of the agency, instrumentality, subdivision, county, city, town, municipal corporation, district, governmental body, school or utility; or

(D) The name of the person using the pesticide.

(b) The mailing address of the pesticide user named, including street or postal address, city, state and five-digit ZIP code.

(d) The facsimile (fax) number of the pesticide user named, if available.

(e) The electronic mail (e-mail) address of the pesticide user named, if available.

(f) The name of the responsible person filing the report for the pesticide user named, if different from the pesticide user named.

(g) The telephone number of the responsible person filing the report for the pesticide user named, if different from the telephone number already provided.

History

Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999
Statutes/Other Implemented: Ch. 1059 OL 1999
DOA 11-2006, f. & cert. ef. 4-12-06
DOA 27-2001, f. & cert. ef. 12-4-01

Or. Admin. R. 603-057-0412 Pesticide Product Identification; Date of Use; Amount

Each report of pesticide use shall include the following information regarding the identification and amount of pesticide product used:

(1) The name of the specific pesticide product used.

(2) The United States Environmental Protection Agency (EPA) registration number of the specific pesticide product used, or, if the product does not have an EPA registration number, the identification number assigned to the product by the Department.

(3) The date the pesticide product was used. If the product was used at a single site or type of site having the same five digit zip code or third-level hydrologic unit location on multiple days in a calendar month, only the date for the last day of the use is to be reported.

(4) The amount of the undiluted pesticide product used, including the appropriate units of measure.

(5) If the product is a "Ready to Use" product then the date of use is the day when the product container is emptied or disposed, and the amount used is the total amount stated on the label.

History

Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999
Statutes/Other Implemented: Ch. 1059 OL 1999
DOA 11-2006, f. & cert. ef. 4-12-06
DOA 27-2001, f. & cert. ef. 12-4-01

Or. Admin. R. 603-057-0413 Description of the Type of Site Where the Pesticide Was Used

Each report of pesticide use shall include a general description of the type of site where the pesticide was used. Site descriptions must be chosen from the list of options developed by the Department. Site descriptions, at a minimum, will identify the major site at which the pesticide was applied. Major categories shall include, but not be limited to, the following:

(1) Agriculture. This shall include the use of pesticides in the production of agricultural crops and livestock (including Christmas tree plantations and commercial nurseries), or on agricultural commodities before movement into channels of commerce, or on agricultural lands, grasslands, or non-crop agricultural lands

(2) Aquatic. This shall include the use of pesticides in treating standing or running water. Examples of sites include irrigation ditch, lake, or river.

(3) Forestry. This shall include the use of pesticides in the production of forest crops, or on forestry lands (not including Christmas tree plantations or commercial nurseries).

(4) Public health and regulatory pest control. This shall include the use of pesticides for the control of any pest that may be deleterious to the public health, including mosquito and other vector and regulatory pest control.

(5) Right-of-Way. This shall include the use of pesticides in right-of-way areas. Examples of sites include irrigation ditch banks, railroads, road shoulders, or utility lines.

(6) Research. This shall include the use of one or more specific pesticides with the intent of gathering data needed to satisfy registration requirements of the United States Environmental Protection Agency. If the research is not conducted by a government agency, the pesticide use shall be under the authority of an "experimental use permit" issued by the United States Environmental Protection Agency or issued by the Department.

(7) Urban, general indoor sites. This shall include the use of pesticides inside dwellings, non-agricultural buildings, establishments, institutions, schools and commercial transportation vehicles. This shall also include the use of pesticides on commodities, including agricultural commodities stored indoors that have entered into channels of commerce, including commercial warehouses and commercial grain elevators.

(8) Urban, general outdoor sites. This shall include the use of pesticides outside dwellings, non-agricultural buildings, establishments, institutions, or schools for ornamental and turf pest control, including parks, rest areas, and golf courses. This shall also include the use of pesticides on commodities, including agricultural commodities stored outdoors that have entered into channels of commerce.

History

Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999
Statutes/Other Implemented: Ch. 1059 OL 1999
DOA 11-2006, f. & cert. ef. 4-12-06
DOA 27-2001, f. & cert. ef. 12-4-01

Or. Admin. R. 603-057-0414 Description of the Purpose of Pesticide Use

Each report of pesticide use shall include a general description of the purpose for the pesticide use. The purpose for the use must be chosen from the list of options developed by the Department. The purpose description, at a minimum, will identify the most applicable major category description for the pesticide use. Major categories include, but are not limited to, the following:

(1) Weed control;

(2) Insect control;

(3) Disease control;

(4) Rodent control;

(5) Big game repellant;

(6) Predator control;

(7) Plant growth regulation;

(8) Marine-fouling organism control;

(9) Wood preservation;

(10) Bird control;

(11) Desiccation and defoliation;

(12) Fish control;

(13) Research; and

(14) Slug Control.

History

Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999
Statutes/Other Implemented: Ch. 1059 OL 1999
DOA 27-2001, f. & cert. ef. 12-4-01

Or. Admin. R. 603-057-0415 Location of Pesticide Use; Aggregation of Information

Each report of pesticide use shall include the following information regarding the location of a pesticide use made by the pesticide user:

(1) For uses made to a site in an urban area as defined in OAR 603-057-0405(9), the location shall be reported by identifying the five-digit zip code for the site.

(2) For uses made to any site not in an urban area as defined in OAR 603-057-0405(9), the location shall be reported by identifying the third-level hydrologic unit for the site.

History

Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999
Statutes/Other Implemented: Ch. 1059 OL 1999
DOA 11-2006, f. & cert. ef. 4-12-06
DOA 27-2001, f. & cert. ef. 12-4-01

Or. Admin. R. 603-057-0416 Reports of Pesticide Use for Research

If the description of pesticide use is "Research" as specified in OAR 603-057-0413(6), then each report of pesticide use shall include the following information:

(1) Identification of the pesticide user filing the report, including the information required in OAR 603-057-0411.

(2) The name of the specific pesticide product used.

(3) The United States Environmental Protection Agency (EPA) registration number of the specific pesticide product used, or, if the product does not have an EPA registration number, the identification number assigned to the product by the Department or the identification number of the product recognized by the Department.

(4) The identification of the purpose of the pesticide use shall be reported as research.

(5) The description of the site at which the pesticide product was used shall be reported as research.

(6) The location at which the pesticide product was used shall be reported by identifying the third-level hydrologic unit for the site.

(7) The date the pesticide product was used shall be reported as the last day of the calendar month of the use.

(8) The amount of the undiluted pesticide product used in the calendar month, including the appropriate units of measure.

History

Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999
Statutes/Other Implemented: Ch. 1059 OL 1999
DOA 11-2006, f. & cert. ef. 4-12-06
DOA 27-2001, f. & cert. ef. 12-4-01

Or. Admin. R. 603-057-0417 Access to Reported Information

(1) Some information reported to the Department by pesticide users is prohibited from release to the public according to Oregon Laws 1999, Chapter 1059. Information that would reveal the identity of the owner or lessee or the specific location of property where a person has applied a pesticide is prohibited from public release.

(2) Pesticide use information reported under Oregon Laws 1999, Chapter 1059 may be released to certain persons, provided those persons maintain the confidentiality of any information that is required to be treated as confidential. Persons who may receive this information are limited to the following;

(a) Staff of the Department or other federal or state agency which require the information as part of an investigation conducted under provision of law; or

(b) A federal, state or local agency; or

(c) A health or environmental researcher, acting in an official capacity from an accredited university or accepted research institute.

(3) A federal, state or local agency must agree to maintain the confidentiality of the information identified in subsection (1) of this section, unless the public interest, by clear and convincing evidence, requires disclosure in the particular instance.

(4) Any person that releases, or causes to be released, to the public information made confidential by Oregon Laws 1999, Chapter 1059 may be subject to civil penalty as described in OAR 603-057-0420. The agency, university, or research institute employing or retaining such person or for which such person is acting in an official capacity, may also be subject to civil penalty as described in 603-057-0420.

(5) In addition, if a person causes information identified as confidential to be released or who fails to preserve the confidentiality shall be denied all future access to confidential data collected under 603-057-0410 through 603-057-0416.

History

Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999
Statutes/Other Implemented: Ch. 1059 OL 1999
DOA 11-2006, f. & cert. ef. 4-12-06
DOA 27-2001, f. & cert. ef. 12-4-01

Or. Admin. R. 603-057-0418 Requests for Pesticide Use Information

(1) An agency seeking confidential information shall make a formal written request to the Department that shall:

(a) Identify the requesting agency.

(b) Identify the Principal Investigator for the agency.

(d) Explain the reason for requesting the information, including the use that will be made of the requested information.

(e) Include a completed and signed confidentiality agreement prepared by the Department.

(f) Identify each person having access to the information, and the position of each person within the agency.

(g) Identify the person responsible for maintaining the security of the information.

(h) Explain the procedures by which the requesting agency will assure the confidentiality of the information.

(2) A health or environmental researcher acting in an official capacity from an accredited university seeking confidential information shall make a formal written request to the Department that shall:

(a) Describe the information sought.

(b) Describe the research being conducted, including identity of the Principal Investigator, purpose of the research and the use that will be made of the requested information.

(d) Include a completed and signed confidentiality agreement prepared by the Department.

(e) Identify each person having access to the information, and the position of each person within the university.

(f) Describe the procedures by which the requesting researcher and university will assure the confidentiality of the information.

(3) A health or environmental researcher acting in an official capacity from an accepted research institute seeking access to confidential information shall make a formal written request to the Department which shall be equivalent in content to (2) above.

(4) The Department will consider each request for pesticide use information, as described in (1), (2) and (3) above, as follows:

(a) The Department will respond to the request within 30 days of receipt of the request.

(b) The Department, in its discretion, may request more detailed explanations in the request for information before considering it.

(c) If the request is approved, the requested information may be released to the requestor. The Department will release only the information that is directly pertinent to the research project or agency need. Information will be released in a manner that achieves the highest level of confidentiality but still provides pertinent data.

(d) If the request is denied, the requester will be informed of the basis for denial.

(5) Any breach of the confidentiality agreement as determined by the Department, may result in a civil penalty as set forth in 603-057-0420.

History

Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999
Statutes/Other Implemented: Ch. 1059 OL 1999
DOA 27-2001, f. & cert. ef. 12-4-01

Or. Admin. R. 603-057-0420 Civil Penalty Determination for Failure to Comply with Confidentiality Agreement

When the Department has determined that a violation of 603-057-0417 has occurred the Director shall calculate the amount of the civil penalty to be assessed utilizing the formula: BN+(0.1xBN) (T+D) = Penalty Amount where:

(1) B = Base fine, the primary fine for violating the confidentiality agreement. This base amount is set at $2,000.

(2) N = Number of times, including the current violative act, that the person has been determined by the Department to have committed this violative act.

(3) T = Preventability of violation and whether negligence or misconduct was involved. T will be weighted from 0 to 7 in the following way:

(a) 0 = information is insufficient to make any finding;

(b) 3 = the person’s actions determined to be violative were reasonably avoidable;

(4) D = Direct release of confidential information. D will be weighted from 0 to 5 in the following way:

(a) 0 = information is insufficient to make any finding;

(b) 1 = information protected under 603-057-0417 was not directly released, but the information released was sufficient to allow a reasonable determination of the protected information;

(c) 3 = either the identity of the owner or lessee of a specific property, or the address of the property itself where a pesticide had been applied was directly released;

(d) 5 = both the identity of the owner or lessee of a specific property and the address of the property itself where a pesticide had been applied was directly released.

History

Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999
Statutes/Other Implemented: Ch. 1059 OL 1999
DOA 27-2001, f. & cert. ef. 12-4-01

Or. Admin. R. 603-057-0425 Household Pesticide Use Information

According to Chapter 1059, Oregon Laws 1999, Section 4 (5), the Department is to develop a mechanism(s) to identify the use of pesticides by households. The following rules shall apply;

(1) The Department shall utilize a survey. Such a survey shall have the following characteristics:

(a) Be statistically valid such that information obtained from participating households can be used to accurately estimate pesticide use by all households;

(b) Gathers information similar in content to information reported by pesticide users; and

(2) The Department may utilize the assistance of other agencies, including federal, state and local, and of private entities in developing, implementing and maintaining a mechanism to identify pesticide use by households.

History

Statutory/Other Authority: ORS 634, 561.190 & Ch. 1059 OL 1999
Statutes/Other Implemented: Ch. 1059 OL 1999
DOA 11-2006, f. & cert. ef. 4-12-06
DOA 27-2001, f. & cert. ef. 12-4-01

Or. Admin. R. 603-057-0500 Definitions

In addition to the definitions set forth in ORS 634.006 and OAR 603-057-0001, the following shall apply to OAR 603-057-0500 to 603-057-0532:

(1) "Director" means the Director of the Department of Agriculture or the Director's authorized deputies or officers.

(2) "Enforcement" means any documented action taken by the Department to address a violation.

(3) "Flagrant" means any violation where the Department has documented evidence that the respondent had actual knowledge of the law and knowingly committed the violation.

(4) “Gravity of Effect” is the ranking of a violation with respect to its effect, or potential effect, on the public interests reflected in ORS 634. A violation is ranked as high, medium, or low.

(5) “Gross negligence” means an act or omission that does not reflect an exercise of reasonable care under the circumstances and that is characterized by conscious indifference to or reckless disregard of any purpose of the State Pesticide Control Act.

(6) “Injury” includes, but is not limited to, adulteration.

(7) “Intentionally” means the person acts, or fails to act, with a deliberate or an express purpose. For instance, a person acts intentionally when the person either consciously chooses not to determine whether a pesticide label authorizes use of a pesticide on a particular crop, or when the person knows that a pesticide label does not authorize use of the pesticide on a particular crop but still chooses to apply the pesticide to the crop.

(8) “Knowingly” means the person acts, or fails to act, with a practical understanding of, or a distinct skill in, the general activity that was obtained through such means as instruction, study, practice, or experience.

(9) "Magnitude of Violation" is the categorization of a violation in relation to other types of violations after considering its potential to affect the public interests reflected in ORS 634. A violation is categorized as major, moderate, or minor.

(10) "Person" has the meaning given in ORS 634.006.

(11) "Violation" is an act or omission that:

(a) Does not comply with a provision of ORS chapter 634 that relates to pesticide application, sale, or labeling;

(b) Does not comply with a provision of ORS chapter 634 that relates to restricted-use pesticides; or

(12) “Willfully” means the person acted, or failed to act, after calculating and considering the potential effects and consequences.

(13) “Willful misconduct” means an act or omission that is characterized by or resulting from calculation and consideration of effects and consequences, and with awareness that the act or omission will be incompatible with any purpose of the State Pesticide Control Act.

(14) “School” has the meaning defined in ORS 634.700.

History

Statutory/Other Authority: ORS 561, 634, 183.335 & 634.006
Statutes/Other Implemented: ORS 183.745, 634.006, HB 4062 (2022), 634.322, 634.372, 634.900 - 634.915, 634.306 & HB 2687 (2023)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 1-2019, amend filed 01/23/2019, effective 01/23/2019
DOA 21-2012, f. & cert. ef. 7-10-12
DOA 6-2009, f. & cert. ef. 5-7-09
DOA 1-2009(Temp), f. & cert. ef. 1-23-09 thru 7-22-09
AD 4-1990, f. & cert. ef. 3-16-90

Or. Admin. R. 603-057-0502 Civil Penalties Generally

In addition to any other penalty provided by law, the Director may assess a civil penalty for a violation.

(2) Where the Director determines that a violation occurred before June 25, 2007, the Director will determine the amount of any civil penalty for that violation using OAR 603-057-0525 and 603-057-0529. The amount of such civil penalty for a first violation shall not exceed $1,000, and the amount of such civil penalty for any subsequent violation of the same provision shall not exceed $2,000.

(3) Where the Director determines that a violation did not result from gross negligence or willful misconduct, and if the violation occurred between June 25, 2007 and December 31, 2015, the Director will determine the amount of any civil penalty for that violation using OAR 603-057-0525 and 603-057-0530. The amount of such civil penalty for a first violation shall not exceed $1,000, and the amount of such civil penalty for any subsequent violation of the same provision shall not exceed $2,000.

(4) Where the Director determines that a violation did not result from gross negligence or willful misconduct, and if the violation occurred on or after January 1, 2016, the Director will determine the amount of any civil penalty for that violation using OAR 603-057-0525 and 603-057-0531. The amount of such civil penalty for a first violation shall not exceed $2,000, and the amount of such civil penalty for any subsequent violation of the same provision shall not exceed $4,000.

(5) Where the Director determines that a violation resulted from gross negligence or willful misconduct and occurred on or after June 25, 2007, the Director will determine the amount of any civil penalty for that violation using OAR 603-057-0525 and 603-057-0532. The amount of such civil penalty for a first or a subsequent violation shall not exceed $10,000.

(6) Where the Director determines that a violation involves a failure to comply with a confidentiality agreement related to the pesticide use reporting program, the Director will determine the amount of any civil penalty for that violation using OAR 603-057-0420. The amount of such civil penalty for a first or subsequent violation of such confidentiality agreement shall not exceed $10,000.

(7) If a person requests a hearing, nothing in this division of administrative rules prevents the Department from amending the notice to impose civil penalties for the violation under OAR 603-057-0525 and either OAR 603-057-0530 or 603-057-0531, and, in the alternative, under OAR 603-057-0525 and 603-057-0532. The amended notice will specify which civil penalty will be assessed if the hearing does not occur for any reason.

(8) A civil penalty imposed under the applicable statutes and these rules may be remitted or reduced upon such terms and conditions as the Director considers proper and consistent with public health and safety.

(9) Civil penalties shall be due and payable ten (10) business days after the order becomes final by operation of law or on appeal. A person may pay a civil penalty before an order becomes final. Payment of a civil penalty before an order becomes final is an admission by the person of all of the allegations in the Notice of Imposition of Civil Penalty.

History

Statutory/Other Authority: ORS 561, 634 & 183.335(5)
Statutes/Other Implemented: ORS 183.745, 634.006, 634.306, 634.322, 634.372 & 634.900 - 634.915
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 5-2016, f. & cert. ef. 2-26-16
DOA 6-2009, f. & cert. ef. 5-7-09
DOA 1-2009(Temp), f. & cert. ef. 1-23-09 thru 7-22-09

Or. Admin. R. 603-057-0505 Consolidation of Proceedings

Notwithstanding that each and every violation is a separate and distinct act and in cases of continuing violations, each day’s continuance is a separate and distinct violation, proceedings for the assessment of multiple civil penalties for multiple violations against a person may be consolidated into a single proceeding.

History

Statutory/Other Authority: ORS 561 & 634
Statutes/Other Implemented: ORS 634.306
AD 4-1990, f. & cert. ef. 3-16-90

Or. Admin. R. 603-057-0510 Notice of Violation, Notice of Assessment of Civil Penalties, and Notice of Contested Case Rights and Procedures

(1) The Director may determine that a person committed a violation and decide to not impose a civil penalty. In such circumstances, the Director will issue a written Notice of Violation. The Notice of Violation shall inform a person of the existence of a violation and the consequences of non-compliance.

(2) The Director may determine that a person committed a violation and decide to impose a civil penalty. In such circumstances, the Director will issue a written Notice of Imposition of Civil Penalty. The Notice of Imposition of Civil Penalty will inform the person of the existence of a violation, state the amount of the penalty imposed for the violation, and summarize how the penalty was calculated.

(3) Notices of Violation and Notices of Imposition of Civil Penalties shall be served by registered or certified mail.

(4) Notices of Violation and Notices of Imposition of Civil Penalties shall include, but not be limited to:

(a) A caption with the name of the Department and with the name of the person to whom the notice is issued;

(b) A reference to the particular sections of the statutes and administrative rules involved;

(d) A statement of the person’s right to be represented by counsel and that legal aid organizations may be able to assist a person with limited financial resources;

(e) A statement of the person's right to request a hearing;

(f) A statement of the procedure to request a hearing, including but not limited to the following;

(A) Any request for hearing must be in writing;

(B) Any request for hearing must be received by the Department within ten (10) days of the date the Department mailed the notice; and

(g) A statement that if a request for hearing is not received by the Department within the time stated in the notice the person will have waived the right to a contested case hearing;

(h) A statement of the authority and jurisdiction under which a hearing will be held on the matters asserted or charged;

(i) A statement that if the person requests a hearing a Notice of Contested Case Rights and Procedures will be provided before any hearing;

(j) A statement indicating whether and under what circumstances an order by default may be entered, including but not limited to, that the notice becomes a final order unless the person makes a timely written request for a hearing; and

(k) Other information required by law.

(5) Notices of Violation and Notices of Imposition of Civil Penalties may also include additional information deemed appropriate by the Director, including but not limited to the following:

(b) A statement that a collaborative dispute resolution process is available if the person requests a hearing as stated in the notice.

(6) If a person timely requests a hearing for either a Notice of Violation or a Notice of Imposition of Civil Penalty, the Department will mail a written Notice of Contested Case Rights and Procedures to the person before the commencement of the hearing, or request that an administrative law judge inform the person of the rights and procedures.

History

Statutory/Other Authority: ORS 561, 634 & 183.335(5)
Statutes/Other Implemented: ORS 183.745, 634.006, 634.306, 634.322, 634.372 & 634.900 - 634.915
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 6-2009, f. & cert. ef. 5-7-09
DOA 1-2009(Temp), f. & cert. ef. 1-23-09 thru 7-22-09
AD 4-1990, f. & cert. ef. 3-16-90

Or. Admin. R. 603-057-0520 Entry of Order and Appeal Rights

(1) If a person, having been served a Notice of Violation or a Notice of Imposition of Civil Penalty, fails to request a hearing as specified in OAR 603-057-0510(4)(f), or if a hearing is not held for any reason, or if after the hearing the person is found to be in violation, an order may be issued by the Director. If a Notice of Imposition of Civil Penalty was served, the order may assess a civil penalty.

(2) The order shall be signed by the Director.

(3) The order, if not appealed as provided in ORS 183.480 to 183.497 or if sustained on appeal, shall constitute a judgment. If any civil penalty has not been paid when due and payable, the order may be recorded with the county clerk in any county of this state. The clerk shall record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record. Recording the order has the effects provided for in ORS 205.125 and 205.126, including but not limited to the effect of becoming a lien upon the title of any interest in real property located in that county and owned by the person. The Department may enforce the order as provided in ORS 205.125 and 205.126, bring an action in a court of this state to recover the civil penalty, or take any other action authorized by law to enforce the order.

History

Statutory/Other Authority: ORS 561, 634 & 183.335(5)
Statutes/Other Implemented: ORS 183.745, 634.006, 634.306, 634.322, 634.372 & 634.900 - 634.915
DOA 6-2009, f. & cert. ef. 5-7-09
DOA 1-2009(Temp), f. & cert. ef. 1-23-09 thru 7-22-09
AD 4-1990, f. & cert. ef. 3-16-90

Or. Admin. R. 603-057-0525 Civil Penalties; Magnitude of Violation and Gravity of Effect

(1) The Director will consider the magnitude of the violation and its gravity of effect when calculating a civil penalty for a violation.

(a) The Director shall determine the magnitude of the violation as specified in section (2) of this rule.

(b) The Director shall determine the gravity of effect pertinent to the violation as specified in section (3) of this rule.

(2) Magnitude of Violation: Violations are categorized as to their magnitude of violation as follows:

(a) Category I (Major):

(A) Make false or misleading claims through any media, relating to the effect of pesticides or application methods to be utilized (ORS 634.372(1));

(B) As a commercial, noncommercial, or public applicator or pesticide operator, intentionally or willfully apply or use a worthless pesticide or any pesticide inconsistent with its labeling (ORS 634.372(2));

(C) As a pesticide consultant recommend the application or use of any pesticide inconsistent with its labeling (ORS 634.372(2));

(D) As a pesticide dealer knowingly distribute any pesticide for application or use inconsistent with its labeling (ORS 634.372(2));

(E) Perform pesticide application activities in a faulty, careless or negligent manner (ORS 634.372(4));

(F) As a pesticide dealer, refuse or neglect to prepare required records of restricted use and highly toxic pesticide product sales and to maintain those records for at least three years prior to the date of inspection (ORS 634.372(5), OAR 603-057-0140). Occurs when four or more items across any of the records inspected are missing or contain incorrectly recorded information;

(G) As a pesticide operator, public applicator or noncommercial applicator, refuse or neglect to prepare required pesticide application records, and to maintain those records for at least three years prior to the date of inspection (ORS 634.372(5); 634.146(1); OAR 603-057-0130). Occurs when four or more items across any of the records inspected are missing or contain incorrectly recorded information;

(H) Prepare required records, reports or application forms which are false, misleading or fraudulent (ORS 634.372(6));

(I) Operate pesticide applicators' apparatus, machinery or equipment without a licensed commercial, public, noncommercial or private applicator performing the actual application, or supervising such application if performed by a trainee as defined in ORS 634.006 (ORS 634.372(7));

(J) As a commercial, public, or noncommercial applicator, work or engage in the application of any classes of pesticides without first obtaining and maintaining a commercial, public, or noncommercial applicator license, or apply pesticides which are not specifically authorized by such license (ORS 634.372(8)). No license;

(K) As a pesticide operator, engage in the business of, or represent or advertise as being in the business of, applying pesticides on the property of another, without first obtaining and maintaining a pesticide operator's license, nor shall such person engage in a class of pesticide application business which is not specifically authorized by the license issued by the Department. Further, no such person shall employ or use any person to apply or spray pesticides who is not a licensed commercial applicator, licensed immediately supervised trainee or licensed pesticide apprentice (ORS 634.372(9)):

(i) Firm licensing — No license;

(ii) Employee licensing — No license.

(L) As an immediately supervised trainee or pesticide apprentice, work or engage in the application of any class of pesticides without first obtaining and maintaining the appropriate trainee’s license and otherwise being in compliance with the provisions of this chapter (ORS 634.372(10). No license;

(M) Act as or purport to be, a pesticide dealer or advertise as such without first obtaining and maintaining a pesticide dealer's license (ORS 634.372(11));

(N) Act as or purport to be a pesticide consultant without first obtaining and maintaining a pesticide consultant's license (ORS 634.372(12));

(O) Apply any pesticide classified as a restricted-use or highly toxic pesticide to agricultural, horticultural or forest crops on land owned or leased by the person without first obtaining and maintaining a private applicator certificate (ORS 634.372(13));

(P) As a person described in ORS 634.106(5), use power-driven pesticide application equipment or devices (use hand or backpack types only), or use or apply any pesticide other than those prescribed by the Department (ORS 634.372(14));

(Q) Deliver, distribute, sell or offer for sale any pesticide which has been misbranded (ORS 634.372(15));

(R) Formulate, deliver, distribute, sell or offer for sale any pesticide which is adulterated (ORS 634.372(16));

(S) Make application of pesticides, by aircraft or otherwise, within a protected or restricted area without first obtaining a permit for such application from the committee of the protected or restricted area in which the application is to be made, nor shall such person make such an application contrary to the conditions or terms of the permit so issued (ORS 634.372(20));

(T) Use isopropyl ester of 2,4-D, or any other ester of equal or higher volatility with regard to plant damage as determined by the Department, without first obtaining a permit for such use as provided in ORS 634.322(10); 634.372(21));

(U) Sell, use or remove any pesticide or device subjected to a "stop sale, use or removal" order until the pesticide or device has been released there-from as provided in ORS 634.322(3) (634.372(22));

(V) Other violations with a substantially similar potential to affect the public interests reflected in ORS chapter 634.

(b) Category II (Moderate):

(A) Operate a faulty or unsafe spray apparatus, aircraft or other application device or equipment (ORS 634.372(3));

(B) As a pesticide dealer, refuse or neglect to prepare required records of restricted use and highly toxic pesticide product sales and to maintain those records for at least three years prior to the date of inspection (ORS 634.372(5); OAR 603-057-0140). Occurs when two or three items across any of the records inspected are missing or contain incorrectly recorded information;

(C) As a pesticide operator, public applicator or noncommercial applicator, refuse or neglect to prepare required pesticide application records, and to maintain those records for at least three years prior to the date of inspection (ORS 634.372(5); 634.146(1); OAR 603-057-0130). Occurs when two or three items across any of the records inspected are missing or contain incorrectly recorded information;

(D) As a commercial, public, or noncommercial pesticide applicator, work or engage in the application of any classes of pesticides without a commercial, public, or noncommercial applicator license, or apply pesticides which are not specifically authorized by such license (ORS 634.372(8)). Inappropriate license;

(E) As a pesticide operator, engage in the business of, or represent or advertise as being in the business of, applying pesticides on the property of another, without first obtaining and maintaining a pesticide operator's license, nor shall such person engage in a class of pesticide application business which is not specifically authorized by the license issued by the Department. Further, no such person shall employ or use any person to apply or spray pesticides who is not a licensed commercial applicator, licensed immediately supervised trainee, or licensed pesticide apprentice (ORS 634.372(9)):

(i) Firm licensing — Inappropriate license;

(ii) Employee licensing — Inappropriate license.

(F) As an immediately supervised trainee or pesticide apprentice, work or engage in the application of any class of pesticides without first obtaining and maintaining the appropriate trainee's certificate and otherwise being in compliance with the provisions of ORS chapter 634 (ORS 634.372(10)). Inappropriate license;

(G) Formulate, deliver, distribute, sell or offer for sale any pesticide which has not been registered as required by ORS 634.016 (634.372(17));

(H) Formulate, deliver, distribute, sell or offer for sale any powdered pesticide containing arsenic or any highly toxic fluoride which is not distinctly colored (ORS 634.372(18));

(I) Distribute sell or offer for sale any pesticide except in the manufacturers original unbroken package (ORS 634.372(19));

(J) Other violations with a substantially similar potential to affect the public interests reflected in ORS chapter 634.

(A) As a pesticide dealer, refuse or neglect to prepare required records of restricted use and highly toxic pesticide product sales and to maintain those records for at least three years prior to the date of inspection (ORS 634.372(5); OAR 603-057-0140). Occurs when one item across any of the records inspected is missing or contains incorrectly recorded information;

(B) As a pesticide operator, public applicator or noncommercial pesticide applicator, refuse or neglect to prepare required pesticides application records, and to maintain those records for at least three years prior to the date of inspection (ORS 634.372(5); 634.146(1); OAR 603-057-0130). Occurs when one item across any of the records inspected is missing or contains incorrectly recorded information;

(3) Gravity of Effect: The Director shall rank the violation as to its gravity of effect. Following are the factors that may be considered in assigning a gravity ranking to a specific violation. The existence of one or more factors determined to be of high level shall result in the gravity being ranked high level. Lacking any factor determined to be high level, the existence of one or more factors determined to be of medium level shall result in the gravity being ranked medium level. Lacking any factor determined to be of high or medium level shall result in the gravity being ranked low level:

(a) Rank — High Level:

(A) Human Threat: Injury or illness occurred which was confirmed by medical evaluation conducted through the Oregon Pesticide Analytical And Response Center to have been caused by the pesticide exposure;

(B) Environmental Threat:

(i) Evidence of injury to crops, wildlife, and/or livestock documented by the Department or other appropriate federal or state agency; or

(ii) Evidence of surface or groundwater contamination documented by the Department or other appropriate federal or state agency.

(i) Designated as restricted use or highly toxic; or

(ii) Use or distribution halted due to emergency suspension.

(D) Conditions of Usage:

(i) Wide area of application;

(ii) Use in area of high population density (e.g., urban, suburban); or

(iii) Usage resulted in a pesticide residue or metabolite on a food or feed crop, on a raw agricultural commodity, or on a crop having food or feed by-products, and for which there is no tolerance or exemption from tolerance established, or for which the established tolerance was exceeded.

(iv) Usage resulting in a pesticide residue or a metabolite of a pesticide being deposited onto a school as defined in OAR 603-057-0500(14) by a person other than that authorized by the school’s governing body as defined in ORS 634.700(2).

(b) Rank — Medium Level:

(A) Human Threat: Physical irritation occurred which was confirmed by medical evaluation conducted through the Oregon Pesticide Analytical And Response Center to have been caused by pesticide exposure.

(B) Environmental Threat: Symptoms of exposure visible in crops, wildlife, and/or livestock documented by the Department or other appropriate federal or state agency.

(i) Moderate area of application; or

(ii) Use in area of medium population density.

History

Statutory/Other Authority: ORS 561, 634 & 183.335(5)
Statutes/Other Implemented: ORS 183.745, 634.006, 634.306, 634.322, 634.372, 634.900 - 634.915 & HB 4062 (2022)
DOA 38-2023, amend filed 10/30/2023, effective 11/17/2023
DOA 21-2012, f. & cert. ef. 7-10-12
DOA 6-2009, f. & cert. ef. 5-7-09
DOA 1-2009(Temp), f. & cert. ef. 1-23-09 thru 7-22-09
AD 4-1990, f. & cert. ef. 3-16-90

Or. Admin. R. 603-057-0529 Civil Penalty For A Violation Occurring Before June 25, 2007; Formula for Amount

(1) When the Director determines that a violation occurred before June 25, 2007, the Director will determine the amount of any civil penalty for that violation using OAR 603-057-0525 and this section. To determine the amount of the civil penalty, calculate it utilizing the formula: NB + [(.1 x NB) x (P + H + R + C)] = Penalty Amount where:

(a) N = the number of times, within a period of three years prior to and including the date of the current violative act, that the person has been determined by the Director to have committed that violative act;

(b) B = the base penalty determined using the following matrix: [Matrix not included. See ED. NOTE.]

(A) The Magnitude of Violation is determined according to OAR 603-057-0525(2).

(B) The Gravity of Effect is determined according to OAR 603-057-0525(3).

(c) P = past occurrence of unrelated violations under ORS Chapter 634 for a period of three years prior to the date of the current violative act. P will be weighted from O to 6 in the following manner:

(A) O = no prior violation or insufficient evidence on which to base a finding;

(B) 1 = past occurrence of an unrelated Category III violation;

(D) 3 = past occurrence of an unrelated Category I violation, two unrelated Category II violations or three unrelated Category III violations;

(E) 4 = past occurrence of two unrelated Category I violations, three unrelated Category II violations or four unrelated Category III violations;

(F) 5 = past occurrence of three unrelated Category I violations, four unrelated Category II violations, or five or more unrelated Category III violations;

(G) 6 = past occurrence of three or more unrelated Category I violations or five or more unrelated Category II violations.

(d) H = History of the person in taking all feasible steps or procedures necessary or appropriate to correct a violative action. H will be weighted from -2 to 2 in the following way:

(A) -2 = the person took all feasible steps or procedures to correct any prior violations;

(B) O = there is no prior history or insufficient information on which to base a finding;

(D) 2 = the person took no action to correct prior violations.

(e) R = preventability of violation. R will be weighted from -2 to 7 in the following way:

(A) -2 = the person's actions determined to be violative were unavoidable;

(B) O = information is insufficient to make any finding;

(D) 7 = the person's actions were flagrant.

(f) C = cooperativeness on the part of the person to assist the department in its investigation and to the extent possible, rectify the violation. C will be weighted from -2 to 2 in the following way:

(A) -2 = the person is cooperative;

(B) -1 = the person provides limited cooperation;

(D) 1 = the person is generally uncooperative;

(E) 2 = the person is uncooperative.

(2) If the calculation utilizing the formula in this section results in an amount more than $1,000 for a first violation of any provision of ORS 634, the Director shall assess a civil penalty of $1,000. If the calculation utilizing the formula in this section results in an amount more than $2,000 for any subsequent violation of the same provision of ORS 634, the Director shall assess a penalty of $2,000. In addition, the Director may consider this adjustment if the Director remits or reduces the amount as provided in ORS 634.910 or OAR 603-057-0502(6).

[ED. NOTE: Matrix referenced is available from the agency.]

History

Statutory/Other Authority: ORS 561, 634 & 183.335(5)
Statutes/Other Implemented: ORS 183.745, 634.006, 634.306, 634.322, 634.372 & 634.900 - 634.915
DOA 5-2016, f. & cert. ef. 2-26-16

Or. Admin. R. 603-057-0530 Civil Penalty For A Violation Not Resulting From Gross Negligence or Willful Misconduct Between June 25, 2007 and December 31, 2015; Formula for Amount

(1) When the Director determines that the violation did not result from gross negligence or willful misconduct, and if the violation occurred between June 25, 2007 and December 31, 2015, the Director will determine the amount of the civil penalty using this section. To determine the amount of the civil penalty, calculate it utilizing the formula: NB + [(.1 x NB) x (P + H + R + C)] = Penalty Amount where: