1979 replacement part dead animals...

Chapter 601

1979 REPLACEMENT PART

Dead Animals

601.010 Definitions

601.020 Applicability of dead animal provisions601. 030 License required to engage in animal

disposal business

601. 040 Application for license and payment of fee; disposition of funds collected

601.050 Investigation of place of business andapplicant; issuance of license

601. 060 License limitations601.070 Revocation or refusal to issue license601.080 License for conveyance transporting dead

animals

601.090 Requirements as to conduct of businessand construction of premises

601. 100 Transportation and handling of deadanimals

601. 110 Inspection of place of business or conveyance

601. 120 Department to administer and enforcedisposal provisions

601. 130 Jurisdiction of courts; restraining violation

601. 140 Carcass of domestic animal to be buried ordestroyed

601.990 Penalties

CROSS REFERENCES

Administrative procedures governing state agencies, Enjoining violations of law, 561. 280183.310 to 183.500

Brand inspectors, powers and duties, 604.540Diseased, exposed, quarantined or dead animals, disposi- 601.990

tion and sale, 619.031 Jurisdiction over prosecutions, 561.290

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601.010 Definitions. As used in thischapter, the term " department" means the

State Department of Agriculture.

601. 020 Applicability of dead animalprovisions. ( 1) Any person engaged in thebusiness of obtaining, by purchase or otherwise, the body, carcass or parts of animals, forthe purpose of obtaining the hide, skin orgrease from such body, carcass or parts ofanimals or for the purpose of disposing of suchbody, carcass or parts in any way whatsoever, is deemed to be engaged in the business ofdisposing of the bodies, carcasses or parts ofanimals, and is subject to all the provisionsand penalties of this chapter.

2) However, ORS 601. 010 to 601. 130 donot apply to:

a) The slaughtering and handling ofanimals for human consumption or to thedissection of animals for scientific research.

b) Persons in cities and towns who gatherup and dispose of the bodies of dead fowl, cats, dogs and other small animals, if they gatherup and dispose of such bodies of small animalsin the regular course of their garbage business.

601.030 License required to engage inanimal disposal business. Before any personshall engage in the business of disposing ofthe bodies, carcasses or parts of animals byrendering, burning, burying or any othermeans, he shall procure from the departmenta license. All such licenses shall expire onJune 30 next succeeding their date of issuance.

601.040 Application for license andpayment of fee; disposition of funds collected. ( 1) Any person desiring to obtain alicense to dispose of the bodies, carcasses orparts of animals shall file with the department an application for such license. The

application shall be upon a form furnished bythe department and shall contain such information as the department may, by rule andregulation, prescribe.

2) At the time of filing, the applicantshall pay to the department a license fee of

50. All such fees shall be remitted by thedepartment to the State Treasurer, who shallplace all money so received in the Departmentof Agriculture Service Fund for the purpose ofcarrying into full force and effect ORS601. 010 to 601. 130. [ Amended by 1979 c.499 § 151

601.080

601.050 Investigation of place of business and applicant; issuance of license.

Upon receiving an application for a license, the department shall immediately cause oneof its officers, employes or deputies to inspectthe place where such applicant desires toconduct the business, and ascertain:

1) Whether the applicant is a responsibleand suitable person to be entrusted with alicense to conduct such business.

2) Whether the place where such business

is to be conducted is a suitable and sanitaryplace in which to dispose of the bodies, carcasses and parts of animals.

3) Whether it conforms to the rules and

regulations prescribed by the department.

If the applicant meets such requirements, thedepartment shall issue him a license to conduct such business.

601.060 License limitations. Any licenses issued under ORS 601. 050 or 601.080

shall be nontransferable by the licensee andshall apply to only one place of business orconveyance, as specified in the license. Anylicensee, operating more than one place ofbusiness or conveyance shall obtain a separatelicense for each such place or conveyance.

601.070 Revocation or refusal to issue

license. Upon determining that any personlicensed under ORS 601. 050 or 601.080, orwho has applied for a license under ORS601. 040 or 601.080, has violated, or failed tocomply with any of the provisions of ORS601.010 to 601. 130 or any of the rules andregulations of the department made under

such sections, or that such person has failed to

place and keep the premises, where he con- ducts the licensed business or his conveyance, in the manner required by such sections, thedepartment may revoke his license, or refuseto issue a license to such person. [ Amended by1961 c.425 § 10]

601.080 License for conveyance

transporting dead animals. ( 1) Before anyperson, not holding a license for the disposalof bodies, carcasses or parts of animals, transports for hire the bodies, carcasses or parts ofanimals upon the highways of the state, he

shall obtain a license for such truck or conveyance used, from the department.

2) The license fee for each conveyanceshall be $ 10 per year. The license shall expireon June 30 next succeeding the date of itsissuance. Application for the license shall be

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601.090 ANIMALS

made on forms furnished by the departmentwith such information as the department mayrequire.

601.090 Requirements as to conduct

of business and construction of premises.

Every person engaged in the business of disposing of the bodies, carcasses or parts ofanimals shall conduct such business and shall

construct, arrange and keep the premises onwhich such business is conducted in accord-

ance with the following requirements:

1) All buildings on such premises shall beconstructed as to allow them to be kept in a

sanitary condition and shall be provided withproperly drained concrete or cement floors. Such buildings shall be fly -tight and so constructed as to exclude rats, other rodents and

vermin.

2) Such place shall be so situated, ar-

ranged and constructed as not to interferewith the comfortable enjoyment of life and

property by any of the residents of this state.

3) In case such dead bodies, carcasses or

parts of animals are to be disposed of by rendering, the cooking vats or tanks shall beairtight except for proper escapes or vents for

steam used in rendering or cooking. Suchescaping steam shall be released throughtraps, or other means, in such manner as not

to cause unnecessary annoyance or create anuisance in its disposal.

4) All storing, skinning and dismembering of dead bodies, carcasses or parts of animals shall be done within a building on thepremises in such a manner that no public

annoyance or nuisance shall be caused by theunsightly appearance or stench of such bodies, carcasses or parts of animals.

5) In no case shall the process of skin-

ning, butchering or dismembering of animalsor parts of animals be commenced except at

the place where the process of rendering,

burning or burying is to be completed.

6) In case dead bodies, carcasses or parts

of animals are disposed of by burning, theplace where such burning is done shall be solocated, constructed and arranged as not to

essentially interfere with the comfortableenjoyment of life and property by residents ofthis state. All parts of such bodies, carcasses

or parts of animals not entirely consumed bysuch burning shall be disposed of by burying, as provided by this section, or in any suchmanner as may be directed by the department.

7) In case dead bodies, carcasses or parts

of animals are disposed of by burying, theyshall be buried to such a depth that no part of

any such body, carcass or part of an animalshall be nearer than four feet to the natural

surface of the ground and every part of such

body, carcass or part of an animal shall becovered with quicklime and by at least fourfeet of earth.

601. 100 Transportation and handlingof dead animals. ( 1) Except as provided insubsection ( 3) of this section, all persons licensed under ORS 601.050 or 601.080 shalltransport bodies, carcasses or parts of animals

to their establishments in a covered wagon, truck bed or tank which is watertight and so

constructed that no drippings or seepings can

escape therefrom. Such wagon, truck bed ortank shall be so constructed as to conform to

the rules and regulations that may be established by the department. The bodies, carcasses or parts of animals shall not be removedfrom such wagon, truck bed or tank except atthe place of final disposition.

2) However, any person licensed underORS 601.050 or 601.080 may, for the purposeof securing economy of handling and transportation, establish a refrigerated assembly plantwhere whole bodies of dead animals or their

carcasses or parts may be placed in storagepending the assembly of an economical quantity for transportation to the central plant. Such assembly plant shall conform to suchregulations by the department as shall keep itin sanitary condition. Each such assemblyplant shall be subject to an annual license feeOf $ 10.

3) Whole bodies of dead animals, the

condition of which has not become obnoxious

to human senses, and which cannot be placed

in an ordinary wagon, truck bed or tank asdescribed in subsection ( 1) of this section, maybe transported in an open wagon or truck. Insuch case the body shall be suitably coveredand concealed.

4) In the case of transporting offal orparts of bodies from slaughterhouses or other

places, the containers in which they are transported must have tight covers and be kept in a

sanitary condition.

601. 110 Inspection of place of business or conveyance. The department shallcause one or more of its officers, employes or

deputies to inspect, as often as it may deemadvisable, each place or conveyance licensedunder ORS 601.050 or 601.080. However, each

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DEAD ANIMALS

such place for disposal shall be inspected atleast once during each license year. For thepurpose of making such inspection, every

authorized officer, employe and deputy of thedepartment shall have free access to all premises licensed under such sections.

601. 120 Department to administer

and enforce disposal provisions. The department shall administer and enforce ORS

601.010 to 601.130 and may make and enforceall rules and regulations which the depart-

ment deems necessary to carry out the purposes of such sections. Such rules and regulations shall be published in pamphlet form asprovided by ORS 561. 190.

601. 130 Jurisdiction of courts; res-

training violation. (1) Justice courts, municipal courts acting as justice courts and districtcourts have concurrent jurisdiction with cir-

cuit courts of all prosecutions arising underORS 601.010 to 601. 130.

2) In addition to any penalty provided bysubsection ( 1) of ORS 601.990, the circuitcourt is vested with jurisdiction to restrainany violation, or threatened violation, of ORS

601.990

601.010 to 601. 130 upon suit by the department. In any such suit, the district attorney ofthe county where such suit is instituted shallrepresent the department, or the AttorneyGeneral may represent the department insuch suit.

601. 140 Carcass of domestic animalto be buried or destroyed. No person shall

knowingly leave the carcass of any domesticanimal, which he has owned or had in charge,

within one -half mile of any dwelling or withinone - fourth mile of any running stream ofwater for longer than 15 hours without burying or burning it.

601.990 Penalties. ( 1) Violation of anyprovision of ORS 601.010 to 601. 130 or anyrule or regulation of the department madeunder such sections, is punishable, upon con-

viction, by a fine or not less than $ 10 nor

exceeding $250.

2) Violation of ORS 601. 140 is punish-

able, upon conviction, by a fine not exceeding100.

CERTIFICATE OF LEGISLATIVE COUNSEL

Pursuant to ORS 173. 170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter arecorrect copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and otherchanges specifically authorized by law. Done at Salem, Oregon, Thomas G. CliffordOctober 1, 1979. Legislative Counsel

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Chapter 602


Bees

602. 140 Transfer of ownership of apiary equip- GENERALLY

602.010 Definitions

602.020 Chief Apiary Inspector602.030 Inspection of apiaries; notice to eradicate

602. 240

and eradication of disease; quarantine of

602. 170

apiaries

602.040 Diseased apiary declared public nuisance;

602. 260

abatement; limitations on moving diseased bees

602.050 Laboratory test for existence of AmericanFoulbrood

602.060 Prohibited conduct

602.070 Movement of bees; notice; inspection602.081 Importation of bees or used apiary equip-

ment or appliances

602.083 Quarantine of imported bees, appliances602.085 Exceptions to quarantine of bees, appli-

ances

602.087 Diseased bees discovered during quarantine; notice of seizure; disposition

602.090 Registration of apiaries

602.100 Establishing standards of colony strength; certification of hives

602. 110 Registration of apiary equipment602. 120 Issuance of brand or serial number certifi-

cate

602. 130 Identification of hive bodies, supers andframes

602. 140 Transfer of ownership of apiary equip-

602. 990 Penalties

CROSS REFERENCES

PENALTIES

Administrative procedures governing state agencies, 602. 990

183. 310 to 183 500 Jurisdiction over prosecutions, 561. 290Agricultural products, marketing, Ch. 576Bees and honey as commodity, 576 051Enjoining violations of law, 561 280

821

ment

602. 150 Prohibited conduct relating to brands and

602. 220

serial numbers

602. 160 Posting registration number or statement

602. 240

of ownership

602. 170 Jurisdiction of courts

602. 180 Disposition of fees

602. 990 Penalties

CROSS REFERENCES

PENALTIES

Administrative procedures governing state agencies, 602. 990

183. 310 to 183 500 Jurisdiction over prosecutions, 561. 290Agricultural products, marketing, Ch. 576

Bees and honey as commodity, 576 051Enjoining violations of law, 561 280

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DISEASE CONTROL

602.210 Authority to seize apiary property602. 220 Notice of seizure

602.230 Disposition of seized apiary property602.240 Department not responsible for loss or

damage

602.250 Claim by owner; reimbursement602. 260 Title of apiary property sold by depart-

ment

602.270 Temporary custody of apiary property; notice; reimbursement

602.280 Costs to be paid from sale proceeds; disposition of balance

602.990 Penalties

CROSS REFERENCES

PENALTIES

Administrative procedures governing state agencies, 602.990

183.310 to 183 500 Jurisdiction over prosecutions, 561. 290Agricultural products, marketing, Ch. 576Bees and honey as commodity, 576 051Enjoining violations of law, 561 280

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BEES

GENERALLY

602.010 Definitions. As used in thischapter, the term:

1) " Apiary" and " apiary property" in-

cludes bees, honey, beeswax, bee comb, hives, frames and other equipment, appliances and

material used in connection with an apiary. 2) " Apiarist" means any person, firm or

corporation who owns bees or is a keeper of

bees.

3) " Appliances" means any implement ordevice used in the manipulating of bees ortheir brood or hives, which may be used in anyapiary.

4) `Bees" means honey - producing insectsof the genus Apis and includes the adults, eggs, larvae, pupae or other immature stagesthereof, together with such materials as are

deposited into hives by their adults, excepthoney and beeswax in rendered form.

5) " Colony" or " colonies of bees" refers toany hive occupied by bees.

6) " Department" means the State Depart- ment of Agriculture.

7) " Disease" means American or Europe-

an Foulbrood or any other disease or anycondition affecting bees or their brood whichmay cause an epidemic.

8) " Hive" means any receptacle or container made or prepared for use of bees, or box

or similar container taken possession of bybees.

9) " Inspector" means any person authorized to enforce the provisions of this chapter.

10) " Location" means the premises uponwhich an apiary is located.

11) " Person" includes any individual, partnership, association or corporation, butdoes not include any common carrier whenengaged in the business of transporting bees, hives, appliances, bee cages or other commodities which are the subject of this chapter, inthe regular course of business. [ Amended by1961 c. 177 § 1; 1963 c.65 § 11

602.020 Chief Apiary Inspector. Thedepartment is authorized to appoint a Chief

Apiary Inspector and such deputy apiaryinspectors as may be necessary to carry outthis chapter. The administration of such sec-

tions by the Chief Apiary Inspector shall beunder the direction and control of the Director

of Agriculture. [Amended by 1961 c. 177 §21

602.040

602.030 Inspection of apiaries; notice

to eradicate and eradication of disease;

quarantine of apiaries. (1) The Chief ApiaryInspector shall make, or cause to be made,

whenever he deems it necessary, inspectionsof all apiaries.

2) Whenever a disease exists in any apiary, the inspector making the inspection shallmark the hives containing diseased bees. Theinspector shall, in writing, notify the owner orperson in charge of such apiary, stating in thenotice the nature of the disease found in each

colony, identifying such colony by reference tothe mark placed upon the hive thereof, and

ordering the eradication of such disease within a specified time. When the person in charge

of any apiary is not known, the notice shall beserved by posting in a conspicuous place in theapiary or mailing a copy to the owner's registered address.

3) The owner or person in charge of anydiseased apiary must eradicate such diseasewithin the time specified in the notice. If the

disease is American Foulbrood, the time specified in the notice shall not be less than 24hours nor more than 120 hours from the time

of serving notice. Eradication of AmericanFoulbrood shall be by burning the diseasedcolonies, including the bees, brood, combs, frames, honey and wax, and by burying theashes and disinfecting the hives by meansapproved by the department.

4) Any apiary which is found to containfive percent or more colonies of bees infected

with American Foulbrood may be summarilyquarantined by the department. Colonies ofbees which have died because of such infection

shall be counted in computing the percentageof colonies infected. Notice of the quarantine

shall be posted prominently on the apiary, andthe owner notified of such quarantine. Duringthe quarantine no bees, honey, equipment orother materials may be removed from theapiary, except under the supervision of aninspector, and for the purpose of eradicatingthe disease. The quarantine shall be removed

when an inspection by the department madeat least 30 days after the last previous inspec-

tion shows the apiary apparently free fromAmerican Foulbrood. [ Amended by 1953 c.400 §71

602.040 Diseased apiary declared

public nuisance; abatement; limitations on

moving diseased bees. ( 1) Every apiary inwhich diseased bees are found is declared tobe a public nuisance. Whenever any suchnuisance exists and the owner refuses or ne-

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602.050 ANIMALS

glects, after notice by an inspector to abate itwithin the time specified in the notice issued

under ORS 602.030, the inspector shall abate

it by burning the condemned hives and theircontents, including bodies, bottom boards,

covers and supers, within 48 hours after theexpiration of the time specified in the notice.

During the period of time specified in suchnotice and during any extended time permitted under the provisions relative to an appeal

for diagnosis as provided by ORS 602.050, noperson shall remove any of the hives or theircontents which are marked to indicate infesta-

tion with American Foulbrood, except that the

hive or its contents may be removed by theowner or bailee for the purpose of destroyingit under the supervision of an inspector.

2) If, upon inspection of an apiary, Euro- pean Foulbrood is found to exist therein to a

serious extent, no colonies shall be removed

from such apiary except under the supervisionof an inspector and after affected colonies

have been treated in a manner which shows

the disease is being eradicated. [ mended by1953 c.400 §71

602.050 Laboratory test for existenceof American Foulbrood. The inspector maytake a sample of material from any hive suspected of containing American Foulbrood. Such sample shall be submitted to the depart-

ment or to a laboratory designated by thedepartment to test for the presence of Ameri- can Foulbrood. The findings of the department

or the designated laboratory shall be deemedprima facie correct.

602.060 Prohibited conduct. ( 1) No

person shall:

a) Possess any bees which have not beenregistered as provided by ORS 602.090;

b) Interfere with any inspector engagedin the performance of his duties pursuant to

this chapter;

c) Keep bees in hives with immovablecombs;

d) Damage or destroy bees or their equipment by poison, by moving them a short distance or by any other means. Any personviolating this provision is liable for the damages, which may be recovered in an action atlaw; or

e) Place in any combless package of beesoffered for sale or distribution in this state

any food, article or substance containing honey.

2) No person in possession of an appli-

ance, hive or equipment contaminated with

any disease shall negligently or wilfully expose or handle such appliance, hive or equipment in a manner which will permit bees tobecome infected with such disease.

3) No person shall carelessly or negligently expose combs wet with honey or combscontaining honey or pollen to bees. [ mended by1953 c.400 §7; 1961 c. 177 §31

602.070 Movement of bees; notice;

inspection. ( 1) No person shall move bees

from one location to another within this state

without notifying the department, in writing, of such movement within five days after mov-

ing the bees. The written notice shall state thenumber of colonies moved, the location fromwhich and to which the bees were moved and

proper directions for locating the bees.

2) When the department receives noticeof a movement of bees it shall, if it deems it

necessary, make an inspection of such bees forthe presence of disease.

3) When an inspection is requested byany person for the purpose of obtaining acertificate of inspection for out of state movement of bees or appliances, the applicant for

such certificate shall pay the cost of inspection, including per diem and traveling expenses Of the inspector. [ Amended by 1953 c.400 § 71

602.080 [Repealed by 1953 c.400 §71

602.081 Importation of bees or used

apiary equipment or appliances. No personshall bring or cause to be brought into theState of Oregon bees or used apiary equipment or appliances, excepting used packaged

bee cages returned empty to this state, without an accompanying certificate of health asapproved by the department, made within 60days prior to such movement, by an authorized inspector or other officer of the state or

country in which the movement originated, stating that such bees, equipment and appliances are free from disease. [ 1961 c. 177 § 51

602.083 Quarantine of imported bees,

appliances. ( 1) All bees and appliances im-

ported into this state shall be placed in quarantine not to exceed 30 days in a location or

place designated and approved by the department. Any person importing bees or appliances shall obtain approval from the departmentprior to importation.

2) The department shall establish reason-

able provisions relating to and covering bees

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BEES 602.100

and appliances in quarantine. Bees or appli- required under subsection (1) of ORS 602.040, ances, including those in quarantine, are and

subject to the provisions of this chapter.

3) If the department verifies that a person owning or possessing imported bees hasviolated any provision of this chapter, it may, notwithstanding other provisions of law, suspend for a period not to exceed two years theright of such person to again import bees orappliances. [ 1967 c. 123 §21

602.085 Exceptions to quarantine ofbees, appliances. The provisions of ORS

602.083 do not apply to:

1) A person or the bees or appliances heowns or controls, if such bees are brought intothis state as " combless packages of bees." Combless packages of bees" means bees,

which may include a queen bee, packed forshipment and imported into this state in pack-

ages which contain no honey, honeycomb, broodcomb, or appliances previously used onbees.

2) Bees and applicances registered with

the department, which, after being moved ortransported out of state, are moved or trans-

ported back into Oregon within five months, if

they are accompanied into Oregon by a healthcertificate issued by an authorized official ofthe other state approved by the department.

3) Oregon registered bees absent fromthis state for two months or less. A healthcertificate for Oregon registered bees andappliances described in subsection ( 2) of this

section is not necessary when they are returned or moved or transported back into

Oregon if, during their absence from Oregonthey have not been brought into contact withor commingled with bees or appliances in the

other state that are not covered by a healthcertificate. [ 1967 c. 123 § 41

602.087 Diseased bees discovered

during quarantine; notice of seizure; disposition. (1) If at any time during the quarantine as authorized in ORS 602.083 the department determines that two percent or moreof the colonies of bees under quarantine areinfected with American or European Foul - brood, the department shall seize said beesand shall notify the owner or person in possession of the bees in writing that:

a) The department has seized the infected

colonies of bees, that they are declared to be apublic nuisance and they shall be destroyedand the nuisance abated as authorized or

b) The department has seized the remain-

ing colonies of bees under quarantine and allsuch colonies are to be removed from Oregon

within 10 days of the date of such notice, and

that if they are not removed within such period, the colonies will be disposed of by thedepartment as authorized and required byORS 602.210 to 602.260.

2) Colonies of bees which have died because of infection with American Foulbrood

shall be counted in computing the percentageof colonies infected. [ 1967 c. 123 §31

MAN Registration of apiaries. ( 1)

Every person who owns or is in charge of anyapiary located within this state, shall causesuch apiary to be registered with the department as in this section provided.

2) Application for registration shall be

made on a form furnished by the department. The registration shall cover each colony ofbees owned by the applicant, and shall givethe locations of such colonies and the nameand address of the owner. The registration

shall be made before April 1 of each year andwhenever colonies are acquired from sources

other than his own registered apiaries thereafter. Each registrant shall furnish an address

to which any notice required by this chapter tobe given may be sent, and shall agree that anynotice sent by the department to such addressshall be deemed to be notice in fact.

3) The application for registration shall

be accompanied by a fee of $ 1 per applicant.

The application shall also be accompanied bya colony registration fee of 15 cents for eachcolony of bees owned by the applicant over sixin number.

4) When the ownership of bees whichhave been subject to the charge provided in

this section is changed, the department maytransfer the registration to the new owner

without charges. However, if the new owner

has not been previously registered, he shallpay the registration fee of $1. [ Amended by 1953c.400 §7; 1961 c. 177 §6; 1963 c.65 §21

602.100 Establishing standards of

colony strength; certification of hives. ( 1)

The department shall, after public hearing, establish standards of colony strength forapiaries used in the commercial pollenization

of agricultural and horticultural crops.

2) For purposes of this section " colonystrength" has reference to the potential of a

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602.110 ANIMALS

hive of bees to pollenize horticultural or agri-

cultural crops. Standards of colony strengthshall be based upon, among other things:

a) The number of bees per hive.

b) The number of cells containing broodper hive.

c) The health of the bees and the brood.

d) Such other factors as may relate to theability of the colony to pollenize horticulturaland agricultural crops.

3) The department may at such places asthe volume of business is found to warrant the

furnishing of such work, provide qualifiedinspectors who shall carry on colony strengthcertification work. The department may identify and certify hives of bees used in commercial pollenization on the basis of colonystrength. The department shall establish aschedule of fees to cover the cost of inspection

and certification of hives for colony strength.

602.110 Registration of apiary equipment. ( 1) Upon receipt of an application of

any person therefor, accompanied by a fee of1, the State Department of Agriculture shall

register, in a registration book kept in its

office for that purpose, the apiary equipmentidentifying brand of such applicant, if a certificate for such brand has not been previouslyissued. Any person owning apiary equipmentwho, prior to July 5, 1947, was not in possession of any established apiary equipment

identifying brand, may make application tothe department for a serial -number brandtherefor.

2) Upon receipt of any application for theissuance of a serial -number brand, accompa-

nied by a fee of $1, the department shall issueto the applicant, an exclusive apiary equipment serial number and shall register it as

provided by this section.

3) Every application for the registrationof an apiary equipment brand or for an apiaryequipment serial number shall contain the

name and address of the applicant and the

name of the county in Oregon in which suchapplicant regularly keeps the greatest numberof bee colonies. Such information shall be

registered, together with the brand or apiaryequipment serial number of such applicant.

602.120 Issuance of brand or serialnumber certificate. Upon the registration of

the brand or the issuance of an apiary equipment serial number as provided by ORS

602. 110, the State Department of Agricultureshall issue to the applicant a certificate set-

ting forth a concise description of the brand orthe serial number. The possession of this

certificate entitles the person in whose name

it is issued to the exclusive and sole use of the

brand or apiary equipment serial numberdescribed or set forth in it.

602.130 Identification of hive bodies,

supers and frames. Every person who is inpossession of an apiary equipment brand orapiary equipment serial number, as provided

by ORS 602.110, shall identify all hive bodiesand supers by burning a replica of the apiaryequipment brand or apiary equipment serialnumber on both ends of all hive bodies and

supers. Such replica shall be not less than

one -half inch in height. Such persons mayidentify frames with the replica of the brandor serial number permanently on the top barsthereof. A replica of the brand or serial num-

ber may be permanently placed on any otherequipment in any manner or position desired.

602.140 Transfer of ownership of

apiary equipment. (1) In case of a transfer ofownership of any apiary equipment by thepossessor of a registered and certified brand or

serial number, a copy of the bill of sale specifying the equipment transferred, as to identification and amount, shall be forwarded byregistered mail to the State Department ofAgriculture. The department shall record suchbill of sale in a book kept in its office for thatpurpose.

2) In no case, after any such transfer ofapiary equipment, shall the replica of theoriginal brand or serial number be defaced orobliterated. The brand or serial number, if

any, of the new owner, shall be placed belowthe original brand or, if that is not possible,

then as near to the original brand as can

conveniently be done.

602.150 Prohibited conduct relatingto brands and serial numbers. No person

shall:

1) Alter, deface, remove or obliterate thereplica of a registered brand or serial number

which appears on any apiary equipment, withthe intent to steal it or prevent the identifica-

tion thereof.

2) Have in his possession any apiaryequipment upon which appears a replica of

any registered brand or serial number, unlesssuch person is the possessor of a certificate of

registration for such brand or serial number

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BEES

issued by the State Department of Agricul- ture, if a bill of sale for such apiary equipment has not been previously forwarded to thedepartment as provided by ORS 602.140.

3) Have in his possession any apiaryequipment which has previously borne thereplica of a registered brand or serial number,

but which brand or serial number has beenaltered, defaced, obliterated or removed.

602.160 Posting registration numberor statement of ownership. Any owner orpossessor of an apiary in which there arehives that are not marked with a registered

brand or apiary equipment serial number, shall, unless such apiary is located at theowner's place of residence or beekeeping headquarters, post and keep posted in a prominentplace at each apiary, in figures at least oneinch high, the registration number issued bythe State Department of Agriculture which

currently applies to the colonies of bees insuch apiary. In lieu of posting such registration number, such owner or person in posses-

sion may post a statement of the ownership ofthe apiary giving on it the name and addressof the owner.

602.170 Jurisdiction of courts. The

district courts and circuit courts have concurrent jurisdiction with justice courts in theenforcement of ORS 602.010 to 602. 100.

602.180 Disposition of fees. The de-

partment shall deposit all fees paid to it underthis chapter into the Department of Agricul-

ture Service Fund. Such fees are continuouslyappropriated to the department for the pur-

pose of administering and enforcing this chapter, including release and publication of information and material to better acquaint the

bee industry with the law and regulationspromulgated thereunder. [Amended by 1961 c. 177

7; 1979 c.499 § 161

DISEASE CONTROL

602.210 Authority to seize apiary

property. In order to control and eradicatediseases which could cause irreparable dam-

age to the bee industry and to all segments ofagriculture of this state, any apiary propertywithin the state which exists in violation of

ORS 602.081 or 602.090 may be seized by thedepartment. [1963 c.65 §41

602.220 Notice of seizure. ( 1) Whenev-

er apiary property is seized under ORS602.210, the department shall give notice of

827

602.240

such seizure to the owner of the apiary; or, after reasonable effort to ascertain the owner

or his address if such owner remains unknown

or cannot be located, notice shall be given to

the person in possession of the apiary. 2) Notice of seizure shall:

a) Be in writing.

b) Describe the property seized. c) Describe the violation involved.

d) State the time within which the violation must be corrected, which time shall be

not less than 15 days from notice of seizure.

3) A warning to all persons that the apiary property may not be removed, togetherwith a copy of the written notice of seizure, shall be posted in a conspicuous place in the

apiary. [ 1963 c.65 §51

602.230 Disposition of seized apiaryproperty. If the violation charged is not corrected within the time prescribed by the noticeof seizure, the department may dispose of theapiary property in the following manner:

1) The department shall give writtennotice to the owner or to the person in posses-

sion of the apiary that the seized property willbe disposed of by public sale at a stated timeand place not less than 10 days from date of

such disposal notice.

2) If the owner remains unknown or

cannot be located, the department shall also,

not less than 10 days before the sale, cause anotice of such disposal sale to be published in

a newspaper of general circulation in the

county where the apiary is located.

3) The apiary property shall be sold to thehighest bidder, taking into considerationwritten bids received before the time of sale

and oral bids at the sale. However, any personsubmitting a bid must agree to comply withthe provisions of this chapter before his bidwill be acknowledged.

4) If there is no acknowledged bid and if

the apiary property is not otherwise disposedof under the provisions of ORS 602.270, the

department may dispose of such property inany other manner it deems necessary including destruction without indemnity to anyperson. ( 1963 c.65 § 61

602.240 Department not responsiblefor loss or damage. The department shall

not be responsible for any loss or damage tothe apiary property during seizure or disposal. 1963 c.65 §71

SUPERSEDED

602.250 ANIMALS

602.250 Claim by owner; reimbursement. If the owner appears and files a written

claim with the department for the apiaryproperty before the time of sale, he must, within 24 hours before the scheduled time ofsale, reimburse the department for its actual

costs already incurred and comply with thenotice of the department before he is given

control and custody of the apiary property. Ifthe owner fails so to reimburse and comply, the sale shall be carried out as in cases where

the owner does not appear. [1963 c 65 § 81

602.260 Title of apiary property soldby department. The purchaser of the soldapiary property shall have clear and absolutetitle to the apiary property upon receiving abill of sale from the department. [1963 c.65 §91

602.270 Temporary custody of apiaryproperty; notice; reimbursement. ( 1) Not-

withstanding ORS 602.210 and 602.220, whenit is necessary for the department, or personsunder its supervision, to feed bees in order to

maintain colony strength or to prevent themfrom dying, the department may, withoutcharge therefor, give temporary custody of theseized apiary property to any person who willmaintain it in compliance with this chapter.

2) Within 10 days after such emergencydisposal the department shall notify in writing the owner or person in possession of theapiary of such disposal. If the owner is unknown or cannot be located, the departmentalso shall cause a notice of such disposal to be

published in a newspaper of general circula-

tion through the area where the apiary waslocated within 10 days after disposal.

3) If the owner appears and files a written claim with the department within 30 daysafter such disposal, he must within such 30-

day period reimburse the person maintainingthe apiary property for costs actually incurredbefore such owner is given control and custodyof the apiary property.

4) If the owner does not comply with theprovisions of subsection (3) of this section, the

person maintaining the apiary property shallhave clear and absolute title thereto upon

receiving a bill of sale from the department. 1963 c.65 § 101

602.280 Costs to be paid from sale

proceeds; disposition of balance. ( 1) All

costs incurred by the department in the seizure and sale of the apiary property, includingsalary and mileage of department personnel, shall be paid from the proceeds of the sale.

2) If the proceeds of the sale are inade-

quate to pay all of the costs incurred by thedepartment, the department shall pay thedeficiency from funds available under thischapter.

3) Any balance remaining from the proceeds of the sale shall be paid to the owner of

the apiary property. If the owner is unknownor cannot be located, the balance shall be held

by the department for a period of two years.

4) If the owner fails to establish his right

to the proceeds within two years after the date

of sale of the apiary property, all right, titleand claim thereto shall vest in the department

to use in carrying out this chapter. [ 1963 c.65

11; 1967 c.637 §201

PENALTIES

602.990 Penalties. ( 1) Violation of anyof the provisions of ORS 602.010 to 602.100 is

punishable, upon conviction, by a fine notexceeding $500 or imprisonment in the countyjail not exceeding six months, or both.

2) Violation of any of the provisions ofORS 602. 110 to 602.160 is punishable, upon

conviction, by a fine not exceeding $ 100 or

imprisonment in the county jail for not lessthan 10 days nor exceeding six months, orboth.

828

SUPERSEDED

BEES


Pursuant to ORS 173. 170, I, Thomas G Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter are

correct copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and otherchanges specifically authorized by lawDone at Salem, Oregon, Thomas G. CliffordOctober 1, 1979 Legislative Counsel

829

SUPERSEDED

830

SUPERSEDED

Chapter 603


Meat Dealers and Slaughterers

REGULATION OF MEAT DEALERS ANDSLAUGHTERERS

603.010 Definitions

603.015 Policy603.025 Licenses required; application; term;

603. 085

renewal; fee

603.027 Refund of license fee in specific instances; application

603.034 Denial, suspension or revocation of license; activities of licensees; license exemption

603.045 Custom slaughter and processing regulations

603.055 Equipment and facilities requirements603.065 Slaughter methods

603.075 Brand inspection services603. 085 Rulemaldng authority

603.095 Disposition of funds received by department

603.200 Payment by processors to producers; payment by sellers to processors; interest; definitions

603.992 Penalties

CROSS REFERENCES

Administrative procedures and rules of state agencies, 183.310 to 183.500

Brand inspection exemption for custom slaughterers, 604 360

Brand inspectors, duties and powers, 604.540

Cattle hide transactions by custom slaughterers, 604 095, 604.105

Collection of brand inspection fees by slaughterer or meatpacker, 604 400

831

PENALTIES

Enjoining violations of law, 561. 280Inspection of livestock by brand inspector before slaugh-

ter, 604.360

Livestock entry permit, 596 341Record of livestock brands and marks at stockyards,

604 210

Unclean slaughterhouses, 433.710

Unlawful transporting of meat animal carcasses, 164 863

SUPERSEDED

ANIMALS

832

SUPERSEDED

MEAT DEALERS AND SLAUGHTERERS

REGULATION OF MEAT

DEALERS AND

SLAUGHTERERS

603.010 Definitions. As used in thischapter:

1) " Custom processing establishment" means a stationary establishment whereinslaughtered meat animals or meat, caused to

be delivered by the owners thereof, are prepared for compensation, payment or remuner-

ation of any kind, and are thereafter returnedto the owner thereof or to his order.

2) " Custom slaughtering establishment" means a mobile or stationary establishmentwherein meat animals, caused to be delivered

by the owners thereof, are slaughtered forcompensation, payment or remuneration of

any kind, and are thereafter returned to theowner thereof or to his order.


4) " Equipment" means all machinery, fixtures, containers, vessels, tools, imple-

ments, and apparatus used in and about anestablishment.

5) " Establishment" means and includes:

a) Any building, vehicle or structure inwhich meat animals are slaughtered for consumption or meat products are prepared, sold,

offered or held for sale.

b) The ground upon which such place orbusiness is operated or used and so much

ground adjacent thereto as is also used in

carrying on the business of the establishment. The department may prescribe such additionalarea or places which, although they may notbe contiguous or adjacent to the above area or

establishment, may be included therein. 6) " Meat animal" means any live cattle,

equines, sheep, goats, swine, poultry or rabbits.

7) " Meat or meat product" means any

edible muscle, except any muscle found in thelips, snout or ears, of meat animals, which isskeletal or found in the tongue, diaphragm,

heart or esophagus, with or without any accompanying and overlying fat, and any portion of bone, skin, sinew, nerve or blood ves-

sels normally accompanying the muscle tissueand not separated from it in the process of

dressing or as otherwise prescribed by thedepartment.

8) " Meat seller establishment" means an

establishment wherein meat products are sold,

603.025

offered or held for sale, but which are not

prepared other than to be ground, seasoned,

salted, frozen, boned, cut up, wrapped orpacked -

9) " Nonslaughtering processing establishment" means any building, structure or vehicle wherein the activities of a slaughterhouse,

custom slaughtering establishment or custom

processing establishment or of an animal foodslaughtering establishment or animal foodprocessing establishment under ORS chapter619 are not performed, but wherein meat

products are prepared.

10) " Poultry" means chickens, ducks,

geese, turkeys and all other domesticated

fowls or birds.

11) " Prepared" means ground„ seasoned,

canned, cooked, salted, frozen, smoked, cured,

pickled, packed, boned, dried, cut up, wrappedor otherwise manufactured or processed.

12) " Slaughterhouse" means an establish-

ment wherein meat animals are slaughtered.

13) " Unwholesome" includes all meats or

meat products which are diseased, contami-

nated, including drug or chemical residue, putrid, unsound, unhealthful or unfit for food.

Amended by 1953 e. 692 §6; 1955 c.724 § l; 1959 c.239 § l; 1961 c. 164 § 1; 1969 c.565 § 1, 1973 c. 175 §3; 1975 c.304 §11

603.015 Policy. The purpose and intentof ORS 599.205, 604.170 and this chapter is to

protect the livestock industry of this stateagainst theft of meat animals and, givingcognition to the Federal Meat Inspection Actas defined in ORS chapter 619, to provide thedepartment with the means to complement

the enforcement of that Act by authorizingthe department to take necessary and propermeasures for the protection of the health and

welfare of Oregon consumers. Such measuresshould include the prevention of sale and

distribution of unwholesome meat and meat

products, the exercising of quality controlsand supervision, the establishment of general

sanitary and safeguard provisions and theidentification of meat animals and meat prod-

ucts. [1973 c. 175 § 21

603.020 [ Amended by 1955 c.724 § 2; 1969 c.565 § 2; repealed by 1973 c. 175 § 151

603.025 Licenses required; applica-

tion; term; renewal; fee. (1) No person shall

engage in any activity described or identifiedin subsection ( 4) of this section without first

obtaining and maintaining a license thereforfrom the department, nor shall such person

sell, offer for sale or expose for sale meat

833

SUPERSEDED

603.027 ANIMALS

products without such license. All such li-

censes shall expire on January 1 next succeeding their date of issuance. Renewal applications must be postmarked prior to January 1to be a timely application.

2) Application for a license required bythis section shall be made to the department,

on forms prescribed by the department, whichshall contain such information as the depart-

ment deems necessary. The license is personaland nontransferable, with a separate license

required for each establishment location. A

new license is required at any time there is achange in ownership, legal entity or establishment location.

3) In addition to other license require-

ments of this section, an applicant for a li-

cense, whose average weekly dollar value ofmeat animal purchases exceeds $ 10,000, for

which the fee is prescribed by paragraph (c) ofsubsection (4) of this section shall submit with

his application a surety bond with one or morecorporate sureties authorized to do business in

this state, in an amount equal to twice the

average daily value of meat animal purchasesduring the preceding calendar year, or theamount of $ 20,000, whichever amount is

greater. The department shall prescribe the - form for and approve the bond, which shall be

conditioned upon faithful performance by thelicensee of all obligations to the producers of

meat animals arising from the sale of meatanimals by producers to the licensee.

4) Each of the following activities shallbe licensed, and the indicated fee paid with

the application therefor:

a) Operation of a meat seller establish-

ment, which shall only allow the meat products preparation described in subsection (8) of

ORS 603. 010, $20.

b) Operation of a nonslaughtering processing establishment, which shall allow

selling meat products at the same locationwithout obtaining the license described inparagraph (a) of this subsection, $50.

c) Operation of a slaughterhouse, which

shall allow selling meat products at the samelocation without obtaining the license described in paragraph ( a) of this subsection,

50.

d) Operation of a custom slaughteringestablishment or custom processing establish-

ment, which shall not allow selling meat

products without first obtaining and maintaining the license described in paragraph (a) of this subsection, $50.

e) Operation of a slaughterhouse, custom

slaughtering establishment or custom process-

ing establishment wherein only poultry orrabbits are slaughtered or prepared, which

shall allow selling only poultry or rabbit prod-

ucts at the same location without obtainingthe license described in paragraph ( a) of thissubsection, $20.

5) The license required by this sectionshall be displayed at all times in a conspicu-

ous manner at the address shown on the li- CerLse. [ 1973 c. 175 § 4; 1975 c.703 § 1]

603.027 Refund of license fee in spe-

cific instances; application. ( 1) Notwith-

standing subsection (2) of ORS 603.025, whenever any business licensed pursuant to therequirements of paragraph ( a) of subsection

3) of ORS 603.025 is transferred by sale orotherwise, the person to whom the license was

issued may apply to the department for arefund of that portion of the license fee applicable to the then unexpired portion of the

license period. The person to whom the busi-

ness is transferred shall not be required to paya license fee that exceeds the amount of anyrefund to which the transferor is entitled

pursuant to this subsection.

2) Application for the refund referred to

in subsection ( 1) of this section shall be made

at such time and in such manner as the de-

partment by rule may prescribe. [ 1975 c. 188 §21

603.030 [ Amended by 1953 c.692 § 6; 1955 c.712 § 20, 1955 c.724 §3; 1957 c.65 §1; 1961 c.425 § 11; 1969 c.565 §3;

repealed by 1973 c. 175 § 151

603.033 [ 1955 c. 724 §5; 1965 c 483 § 7; 1967 c 392 § l;

1969 c.565 §4, repealed by 1973 c. 175 § 151

603.034 Denial, suspension or revoca-

tion of license; activities of licensees; license exemption. (1) In accordance with the

provisions of ORS 183.310 to 183.500, the

department may suspend, revoke, or refuse toissue a license to any applicant or licenseewhose establishment construction, equipment

or sanitation does not meet the requirements

of the State Meat Inspection Act as defined inORS chapter 619, or of ORS 599.205, 604.170

and this chapter, or of the rules promulgated

thereunder.

2) Notwithstanding the provisions of ORS183.310 to 183. 500, upon conviction of a licen-

see of any violation of the State Meat Inspec- tion Act, as defined in ORS chapter 619, or of

any provisions of ORS 599.205, 604.170 andthis chapter, or of the rules promulgated

thereunder, or upon determination by the

834

SUPERSEDED

MEAT DEALERS AND SLAUGHTERERS

department that a licensee has failed to main-

tain the surety bond required by subsection (3) of ORS 603.025, the department is authorizedto forthwith suspend or revoke such license.

The department shall, by certified mail addressed to such licensee at the address shownon the license, render notice that such licensehas been revoked or suspended.

3) Subject to ORS 603.025, authority tocarry on more than one type of activity at thesame establishment shall only be approved bythe department if there is compliance by thelicensee with the laws and rules applicable to

each separate activity.

4) ORS 599.205, 604.170 and this chaptershall not require a person to obtain a license

to slaughter on his own premises a meat ani-

mal, owned by him, for his own consumptionor for consumption by members of his household, nonpaying guests or his employes. [ 1973

c 175 §5; 1975 c 703 §21

603.035 [ 1953 c.692 §5; repealed by 1955 c.724 §17]

603.040 [ Amended by 1953 c.692 § 6; 1955 c.724 § 6; repealed by 1973 c. 175 §151

603.045 Custom slaughter and pro-

cessing regulations. A custom slaughteringestablishment or a custom processing establishment shall:

1) Not buy or sell carcasses of meat animals, meat or meat products capable of use as

human food unless such are marked, tagged orotherwise identified as inspected meat or meat

products as required by ORS chapter 619. 2) Mark, tag or otherwise identify all

individually wrapped packages or containersof meat or meat products slaughtered or pre-

pared for the owner of a meat animal, at the

time and in the manner prescribed by thedepartment, so as to protect the people of thisstate from the purchase, use or consumptionof uninspected or unwholesome meat or meat

products. In addition to such marking, taggingand identifying as the department may prescribe, each such package or container shall be

marked with the words " Not Inspected" andNot For Sale" in letters at least three - eighths

inch in size.

3) Provide the owner of the meat animal

with a certificate, prescribed by the department, giving the accurate weight of the carcass resulting from the slaughter of suchanimal and the weight of the resulting product delivered to the owner.

4) Provide the owner of the meat animal

with certificate and tags, prescribed by the

603.065

department, establishing ownership of saidcarcass.

5) Record, and deliver to the departmentas it directs:

a) An accurate description of the breedcharacteristics and the brand or marks of each

animal slaughtered.

b) The name and address of the personfrom whom each such animal was receivedand the date thereof.

c) The name and address of the person towhom the meat products of each such animal

were delivered upon completion of the slaughter or preparation and the date thereof.

6) Maintain and only utilize an establishment and equipment in accordance with rules

promulgated by the department.

7) Prepare and maintain records of all

meat animals received by him for slaughter. Such records shall include:

a) The number and kind of poultry orrabbits or, in the case of other meat animals,

an accurate description of the breed character-

istics and the brand or marks of such othermeat animal, slaughtered.

b) The name and address of the person

from whom each such animal was receivedand the date thereof.

c) The name and address of the person towhom the meat products of each such animal

were delivered upon completion of the slaughter and the date thereof. [ 1973 c 175 § 6; 1977

c.758 §1]

603.050 [ Amended by 1955 c. 724 § 7; repealed by1973 c. 175 § 151

603.055 Equipment and facilitiesrequirements. Each establishment, other

than those subject to ORS 603.045, shall

maintain and only utilize an establishmentand equipment in accordance with rules pro-

mulgated by the department. [1973 c. 175 § 71

603.060 [ Amended by 1955 c.724 § 8; 1959 c.239 § 2; 1967 c 396 §2; repealed by 1969 c.565 §481

603.065 Slaughter methods. ( 1) Cattle,

equines, sheep or swine shall be slaughteredby a licensee and handled in connection withslaughter, by any method which:

a) Renders each such animal insensible to

pain by a single blow or gunshot or by anelectrical, chemical or other means that israpid and effective, before the animal is

shackled, hoisted, thrown, cast or cut; or

835

SUPERSEDED

603.075 ANIMALS

b) Is in accordance with the ritual re-

quirements of any religious faith that pre- scribes a method of slaughter whereby theanimal suffers loss of consciousness by ane- mia of the brain caused by the simultaneousand instantaneous severance of the carotid

arteries with a sharp instrument.

2) No licensee engaged in the slaughter ofanimals described in subsection ( 1) of this

section shall slaughter by any method otherthan therein described, nor shall shackle,

hoist, or otherwise bring such animals notpreviously rendered insensible to pain inaccordance with subsection ( 1) of this section

into position for slaughter by any methodwhich shall cause injury or pain. [ 1973 c. 175

111

603.070 [ Amended by 1955 x724 § 9; repealed by1969 c.565 §481

603.075 Brand inspection services.

Any establishment required by the laws ofthis state to have brand inspection shall after

the first service call during a calendar weekpay to the department for such subsequentservices the fees established under ORS604.390, which shall not be less than $11 per

service call. Such fees are appropriated as set

forth in ORS chapter 604. For the purposes of

this subsection a calendar week is defined as

the period commencing at 12:01 a.m. on Sun- day and ending at 12 midnight Saturday. [1973c 175 §8; 1975 c 574 §11

603.080 [ Amended by 1955 c.724 § 10; repealed by1969 c.565 §481

603.085 Rulemaking authority. In

accordance with the provisions of ORS

183.310 to 183.500 the department may promulgate rules necessary to carry out andenforce ORS 599.205, 604.170 and this chapter, including but not limited to:

1) The methods of marking or taggingpackages required by subsection ( 2) of ORS603.045.

2) The establishment of minimum standards of construction of establishments and

equipment and of maintenance and sanitation

of such establishments and equipment.

3) The establishment of the major phases

of processing and forms of the certificates andtags required by subsections ( 3) and ( 4) ofORS 603.045. [ 1973 c. 175 § 91

603.090 [Repealed by 1955 c 724 §171

603.091 [ 1959 e. 565 § 16; 1969 c.565 § 5; repealed by1973 c 175 § 151

603.095 Disposition of funds received

by department. Except as provided in ORS603.075, all moneys received by the department pursuant to ORS 599.269, 604.170 andthis chapter shall be paid into the Departmentof Agriculture Service Fund. Such moneys are

continuously appropriated to the departmentfor the purpose of administering ORS 599.269, ORS chapter 604 and this chapter and for the

purpose of administering such provisions ofORS chapters 162, 164 and 607 as apply totheft of livestock. [ 1973 c. 175 § 10; 1975 c.574 § la;

1979 c.499 § 171

603.100 [Repealed by 1955 x724 §171

603.101 ( 1959 c.565 § 17; 1969 c.565 § 6; repealed by1973 c. 175 § 151

603.110 [Repealed by 1955 c 724 §171

603.120 [ Amended by 1955 c 724 § 11; repealed by1973 c 175 § 151

603. 130 [ Repealed by 1955 c.724 §171

603.140 [ Amended by 1955 c 724 § 12; repealed by1973 c. 175 § 151

603.150 [ Amended by 1955 c.724 § 13; repealed by1973 c 175 § 151

603.160 [Repealed by 1973 c. 175 §151

603. 170 [Repealed by 1955 c.724 §171

603.172 [ 1965 c.483 §6; repealed by 1969 c 565 §481

603.180 [Repealed by 1973 c 175 § 151

603.190 [ Amended by 1955 c 724 § 14; repealed by1973 c. 175 § 151

603.200 Payment by processors toproducers; payment by sellers to processors; interest; definitions. Notwithstandingany other provision of law:

1) In the absence of a contract or other

agreement providing otherwise, any processorwho purchases meat animals from the producers thereof shall make full payment therefor

not later than the second business day afterthe day the processor takes delivery of anysuch meat animal.

2) In the absence of a contract or other

agreement providing otherwise, any meatseller who purchases meat or meat products

from the processor thereof shall make fullpayment therefor not later than the seventh

business day after the day the meat sellertakes delivery of any such meat or meat product.

3) Any person who fails to make paymentas required by subsections ( 1) and ( 2) of thissection shall pay, in addition to the amount

836

SUPERSEDED

MEAT DEALERS AND SLAUGHTERERS 603.992

due, interest thereon at the rate of one percent action. See the Preface to Oregon Revised Statutes for

per month. further explanation.

4) As used in this section:

a) " Meat animal' has the meaning forthat term provided in ORS 603.010.

b) " Meat or meat product" has the mean-

ing for that term provided in ORS 603.010. c) " Meat seller" means a person required

to obtain a license the fee for which is prescribed in paragraph ( a) of subsection ( 4) ofORS 603.025.

d) " Processor" means a person required toobtain a license the fee for which is prescribedin paragraphs ( b) to ( e) of subsection ( 4) ofORS 603.025. [ 1975 c.703 § 101

Note: 603.200 was enacted into law by the Legisla- tive Assembly but was not added to or made a part ofORS chapter 603 or any series therein by legislative

151603.310 [ 1961 c.407 HI, 2; repealed by 1973 c. 175

603.320 [ 1961 c.407 §3; repealed by 1973 c. 175 § 151

PENALTIES

603.990 [ Subsection ( 3) enacted as 1959 c.565 § 19;

repealed by 1973 c. 175 § 151

603.992 Penalties. (1) Except as provided in subsection (2) of this section, violation of

any of the provisions of ORS 599.205, 604.170and this chapter, or rules promulgated there-

under, is a misdemeanor.

2) Violation of ORS 603.065 is a Class Bmisdemeanor. [ 1973 c. 175 § 121


Pursuant to ORS 173 170, I, Thomas G Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter are

correct copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and otherchanges specifically authorized by law. Done at Salem, Oregon, Thomas G. CliffordOctober 1, 1979. Legislative Counsel

837

SUPERSEDED

ANIMALS

838

SUPERSEDED

Chapter 604


Brands and Marks

DEFINITIONS; GENERAL PROVISIONS adverse claims to proceeds; disposition

604.012 Brand" defined of proceeds if no satisfactory claim

604.022 General definitions 604.324 Method of proof of ownership of livestock604.032 Certificate defined or right to proceeds of sale

604.060 Marking domestic animals on the ear604•330 Taking up transportation certificates;

604.070 Killing unbranded or improperly brandeddisposition

cattle604.340 Carrier to receive proper certificate before

604.080 Prohibited livestock transactions transporting livestock; delivery of certifi-

604.090 Tampering with brands on hides of ani- 604.355

cate to consignee

Impounding and disposing of livestockmals; unlawfully selling or destroyingbelieved not owned by possessor

604.095

hides

When certificate of release required for 604•360 Brand inspection before sale or slaughter

certain cattle hide transactions; condi- of livestock; exemptions

tions for issuance of certificate; proce- 604370 Permitting inspectiondure when proof of ownership or right of 604.380 Making or uttering false representationpossession not furnished 604.390 Brand inspection fee; payment of travel

604. 100 Cattle hide inspection by department; fee; expenses for inspections not made at

place of performing inspection; costs of official station

inspector 604.395 Exemption from brand inspection fee

604. 105 Custom slaughterers required to identify 604.400 Collection and disposition of brand inspec- cattle hides tion fee

604.410 Refunding of inspection feesRECORDING OF BRANDS 604.420 Collecting fees in stockyards under federal

jurisdiction604.110 Recording brands with department; fur- 604.425 Reciprocal agreements with other states;

nishing copies of brands authority with respect to livestock enter - 604.120 Adjustment of conflicting brands in Oregong g604.130 Restrictions on use of brands and lace ofp 604.430 Issuance and disposition of certificate

recording; requirements for painted forms

604.135

brands

Prohibited use of design or mark similar to604.440 Establishment of brand inspection system

registered design or markfor intrastate cattle movements; scope of

604.140 Recording and re- recording of brands 604.460

system

Transactions in violation of brand inspec- 604.145 7h ee letters or figures" construed tion system prohibited

604.150 Certified copy of record604.160 Recorded brand as property; transfer of

brands PERSONS ADMINISTERING BRANDING LAWS;

604.170 Publication of brand and mark book; JURISDICTION OF COURTSdisposition of fees

604.531 Appointment, qualifications and compen- 604.180 aBrand as prim facie evidence; proof of tion of brand inspectorssa r

right to use brand604.535 Appointment of employes of other govern-

604.190604. 190 Recordation as requisite to admissibility f mental agencies as brand inspectorsbrand

604.540 General powers and duties of brand in- 604.210 Public record of brands and marks on

spectors and police officerslivestock received in stockyards

604, Livestock police officers, powers and604.220 Use of unrecorded brand duties604.230 Use of earmarks, wool and tattoo marks

604.545 Department' s powers regarding use andrecording of brands; review of decision

BRAND INSPECTION CERTIFICATE; 604.550 Jurisdiction of courts

TRANSPORTATION OF LIVESTOCK

604.310 Certificates required for transportation of FEEDLOTSlivestock

604.312 Special brand inspection certificate furnished in certain cases 604.620 License; privileges; application; fee; expi-

604.315 Out-of -state certificates or documents inration

lieu of Oregon papers; inspection fees 604.630 Inventory; record; audit604.320 Submitting proof of ownership or right to

604•640 Inspection of cattle; addition to inventory; possession of livestock subject to brand

fee

inspection; seizure and sale of livestock 604•650 Inventory upon removal; fee; prohibitedupon failure to do so acts

604.323 Payment of proceeds from sale of im- 604•660 Separation of cattle at slaughterhouse

pounded livestock to owner; settling 604.670 Rules by department

839

SUPERSEDED

PENALTIES

604.992 Penalties

ANIMALS

CROSS REFERENCES

Oregon Beef Council:

Collection procedures, 577. 520

Contributions to be made at time of brand inspec-

tion, 577.511

Parakeets sold or held for sale to be banded to identifybreeder, 596.480

Regulation of meat dealers and slaughterers, Ch. 603

Sale of freshly branded range livestock prohibited, 607.345 to 607.360

604. 160

Department powers regarding use and recording ofbrands, 604.545

604.395

Accepting out -of -state inspection certificates, 604.315

604.545

Enjoining violations of law, 561. 280

604.550Jurisdiction over prosecutions, 561.290

840

SUPERSEDED

BRANDS AND MARKS

DEFINITIONS; GENERALPROVISIONS

604.010 [ Amended by 1957 c 287 § l; repealed by1967 c. 129 § 1 ( 604.012 enacted in lieu of 604.010)]

604.012 ' Brand" defined. ( 1) ` Brand"

as used in this chapter and other laws relatingto animals, means a distinctive design, markor identification, made or applied to the hide,

skins or wool in places on animals by the useof a hot iron or by any other method or processapproved by the department.

2) After one or more public hearings andunder the provisions of ORS 183. 310 to183.500, the department may promulgaterules relating to:

a) The brands, and the animals to which

such brands may be applied, which in additionto a hot iron brand shall be legal in Oregon

and which shall be subject to and covered bythis chapter and other laws prescribed in thissection.

b) The designation of places and the limitation of the places on animals to which a

brand shall only be used or applied thereon. c) The process, method or the means of

making, applying and using a brand whichshall include but not be limited to the use of ahot iron brand on an animal in Oregon. [ 1967

c. 129 §2 ( enacted in lieu of 604 010)]

604.020 [ Amended by 1953 c.358 § 15; 1959 c.396 § l; 1961 c.267 § l; repealed by 1967 c. 129 §191

604.022 General definitions. As used in

this chapter, unless otherwise required bycontext:

1) ` Brand inspection" of livestock means

the examination of such livestock by a brandinspector for brands, tags, flesh marks orearmarks, dewlaps, wattles, color, sex, age orany other form of identification to establishownership or to prevent theft of livestock. Brand inspection" also means the inspection

necessary to insure the identity of livestockwhich may be affected with communicable orcontagious disease.

2) ` Brand inspector" means a person

appointed pursuant to ORS 604.531 to inspectlivestock as to brands.

3) " Committee" means the Livestock

Advisory Committee. 4) " Common carrier" means any person

who transports for hire or who holds himself

out to the public as willing to transport forhire, compensation or consideration by rail, motor vehicle, boat or aircraft from place to

604.022

place, persons or property, or both, for thosewho may choose to employ him.

5) " Contract carrier" means any personengaged in transportation by rail, motor vehicle, boat or aircraft of persons or property, orboth, for compensation, under special and

individual agreements, leases or other ar-

rangements and not included in the termcommon carrier."

6) " Custom slaughtering establishment" means any establishment licensed pursuant toparagraph ( d) of subsection ( 3) of ORS603.025.

7) " Department" means the State Depart-

ment of Agriculture.

8) " Director" means the Director of Agri-

culture.

9) " Livestock" means all cattle, horses,

mules and asses, or other animals designated

by the department. For purposes of ORS604.355, " livestock" shall include sheep.

10) " Livestock auction market," " stock-

yard," " market agency," or other facility designated by the department, means any place, establishment or facility conducted or operated for compensation or profit usually consisting of buildings, pens, enclosures, chutes orother personal or real property, in which orthrough which livestock or other animals

designated by the department are received, held or maintained for the purpose of sale byauction or public bidding, consignment, or tobe disposed of on a commission basis or simi-

lar arrangement where change of ownershipmay take place.

11) " Packer" means any person engagedin the business of buying livestock for purposes of slaughter or manufacture or prepar-

ing meats or meat products for sale or shipment.

12) " Private carrier" means any personnot included in the term "common carrier" or

contract carrier," who transports by rail, motor vehicle, boat or aircraft property ofwhich he is the owner, lessee or bailee, whensuch transportation is for the purpose of sale,

lease, rent or bailment or in the furtherance

of any commercial enterprise.

13) " Slaughterhouse" means any establishment licensed pursuant to paragraph (c) ofsubsection (3) of ORS 603.025.

14) " Transported," " transporting" and

transportation" refer to and mean any move-

841

SUPERSEDED

604.032 ANIMALS

ment of livestock whether by common carrier, contract carrier, private carrier or on the hoof. 1967 c 129 § 3; 1973 c.430 § 1; 1975 c.574 § 2; 1977 c 175

1]

604.030 [ Repealed by 1967 c. 129 § 191

604.032 Certificate defined. As used in

this chapter, unless otherwise required by thecontext:

1) ` Brand inspection certificate," which

shall not be valid for a period of more than

eight days from the date of issuance, means a

written document in a form approved by thedepartment which shall contain:

a) The date of issuance.

b) A description by sex, predominatingbreed, brands, marks or other identifyingcharacteristics of the livestock inspected.

c) The name of the person in possessionand, if such person is not the owner, the name

of the owner.

d) The point where the shipment originat-

ed.

e) A signed statement by the brand inspector that he has inspected the livestock and

that to the best of his knowledge the person inpossession is the lawful owner or such owner's

agent.

f) The destination of the shipment if the

inspection is performed other than at the

destination.

g) Such other information as the department may prescribe.

2) " Memorandum brand inspection certif-

icate" is a written document in a form pre-

scribed by the department. It may be issuedfree of charge to any person purchasing livestock at a stockyard, livestock auction marketor other place wherein brand inspection is

required and where such brand inspection has

been performed by an Oregon brand inspector. The purpose of such certificate shall be toauthorize the transportation of the livestock

described therein directly to the point or destination contained therein. It shall contain such

information as the department may deemnecessary to show the livestock describedtherein have been brand inspected but includ-

ing, among other things, the destination of thelivestock and the date of issuance. It shall notbe valid for the authorization for transporta-

tion or slaughter for a period of more than

eight days from date of issuance.

3) " Record of transfer" means a legible,

dated writing which recites the transfer of

ownership of certain livestock described bybrands, marks and other identifying characteristics from one named person to another,

and which is signed by the transferor. It neednot set forth the consideration for the sale ifsuch be the case. If the transfer of ownershipis subject to acceptance and payment of a

check, bill of exchange, other credit instru-

ment or is subject to any other condition, thetransferor may so indicate.

4) " Special brand inspection certificate,"

which shall be valid during the calendar yearin which it is issued, means a written document in a form approved by the departmentwhich shall contain:

a) The date of issuance.

b) A description by sex, predominatingbreed, brands, marks or identifying characteristics of the livestock inspected.

c) The name and address of the owner.

d) A signed statement by the brand inspector that he has inspected the livestock andthat to the best of his knowledge the livestock

are owned by the person named thereon. 5) " Transportation certificate" means a

certificate signed by the owner or person inlawful possession of the livestock to be trans-

ported, on a form to be approved by the department, containing the following:

a) The name of the owner.

b) The point of origin and the point of

destination of such transportation.

c) Description by marks, brands or otheridentifying characteristics of the livestock tobe transported.

d) A form for record of transfer.

e) Such other information as the depart-

ment may prescribe. [ 1967 c. 129 §41

604.040 [ Amended by 1953 c.358 § 15; 1961 c.267 § 2; repealed by 1967 c. 129 § 191

604.050 [ Amended by 1953 c 358 § 15; 1961 c.267 § 3; repealed by 1967 c 129 § 191

604.060 Marking domestic animals onthe ear. ( 1) No person, in marking domesticanimals on the ear, shall cut, mark or remove

any part of the ear exceeding one -half. 2) All justices of the peace have jurisdic-

tion over violations of this section.

604.070 Killing unbranded or improperly branded cattle. No person shall kill, orcause to be killed for sale, or use, any unbranded neat cattle which during any period

842

SUPERSEDED

BRANDS AND MARKS

of the year run at large upon the public range,

or any such cattle on which the brand has notpeeled off and fully healed, unless such cattlehave an older and recorded brand. No personshall purchase and kill, or cause to be killed,

for sale or use, any such neat cattle having abrand not legally owned by such person, without having taken a duly executed and acknowledged bill of sale for them, from theowner thereof.

604.080 Prohibited livestock transac-

tions. No person shall purchase, sell, move, transport or handle livestock in violation ofthe provisions of this chapter. [1967 c. 129 § 51

604.090 Tampering with brands onhides of animals; unlawfully selling ordestroying hides. (1) Any person who cuts orburns or otherwise mutilates, disfigures, removes or obliterates the brand, earmark,

ear, dewlap or other mark or identificationupon any hide of any cattle, sheep or horse, orburns or in any manner destroys the hide ofany cattle, sheep or horse or who buys or sells, or has in his possession with intent to sell or

otherwise dispose of, the hide of any cattle, sheep or horse with brand, dewlap, earmark, ear or other mark of identification, cut orburned or otherwise disfigured, mutilated,

obliterated or removed, commits a Class Bmisdemeanor.

2) The provisions of subsection ( 1) of this

section do not apply to the normal shearingprocess of sheep. [ 1971 c.743 §299; 1977 c. 175 §21

Note: 604 090 was enacted into law by the Legisla- tive Assembly but was not added to or made a part ofORS chapter 604 by legislative action. See the Preface toOregon Revised Statutes for further explanation.

604.095 When certificate of releaserequired for certain cattle hide transactions; conditions for issuance of certifi-

cate; procedure when proof of ownershipor right of possession not furnished. ( 1)

Unless brand inspection was performed at

time of slaughter, no custom slaughteringestablishment or other person other than a

licensee who slaughters any cattle shall offerto sell, trade or remove from Oregon, or otherwise dispose of, any cattle hide without firstobtaining a certificate of release from a brandinspector.

2) Before issuing a certificate of release, the department brand inspector shall satisfyhimself that the person in possession of thecattle hide is the lawful owner of such hide orhas a right to its possession as agent of such

604.105

lawful owner. When a person in possession ofsuch cattle hide fails to furnish proof of own-

ership or right to possession, the brand inspector may, in addition to refusing to issue acertificate of release, either:

a) Seize, hold, unload for inspection orotherwise impound or prevent the movement

of such cattle hide; or

b) Permit the sale of the cattle hide andimpound the proceeds of such sale.

3) " Certificate of release" means a writ-

ten document in a form prescribed by thedepartment which shall contain but not belimited to:

a) The date of issuance;

b) The name of the person in possession

of the cattle hide, and if such person is not theowner, the name of the owner; and

c) A signed statement by a brand inspector that he has inspected the cattle hide andthat to the best of his knowledge the person in

possession of the cattle hide is the lawfulowner or such lawful owner's agent.

4) All funds impounded by the department, as provided for in paragraph ( b) of

subsection (2) of this section, shall be adminis-

tered and handled in the same manner as thefunds are handled under the provisions ofsubsection ( 3) of ORS 604.320 and ORS604.323. [ 1973 c.430 §4; 1975 c.574 §31

604.100 Cattle hide inspection bydepartment; fee; place of performing inspection; costs of inspector. (1) A fee to be

fixed by the department, of not more than 40cents per cattle hide, shall be charged forcattle hide inspection in this state. Such fee

shall be paid by the person at whose instancethe cattle hide inspection is made. All feescollected under this section shall be appropri-

ated and handled as provided in subsection (2) of ORS 604.400.

2) Upon request of the owner or person in

charge, the department may perform cattlehide inspection at such place as may be designated by the person requesting same. In allsuch cases, the department may, as a condition of performing such inspection, require thepayment of the reasonable cost of the time

and travel of the brand inspector to and fromthe brand inspector's official station. [ 1973

c.430 §51

604.105 Custom slaughterers re-

quired to identify cattle hides. No customslaughtering establishment shall fail to iden-

843

SUPERSEDED

604.110 ANIMALS

tify each cattle hide and the person fromwhom such hide was obtained. [ 1973 c.430 § 6;

1975 c.574 §41

RECORDING OF BRANDS

604.110 Recording brands with department; furnishing copies of brands. (1)

The department shall record livestock brands.

2) The department, upon request, shall

furnish to the county sheriffs of the respectivecounties a copy of all brands used by stockgrowers and stock owners within such county.

Amended by 1957 c.287 §21

604.120 Adjustment of conflicting

brands. The department shall adjust conflict-

ing stock brands and make such changesthereof as may be necessary. Such changes areconclusive and such brands as the department

indicates may be recalled or adjusted at anytime by means of written notice from thedepartment given to the owner of the brand.

604.130 Restrictions on use of brands

and place of recording; requirements forpainted brands. (1) Similar brands shall not

be used by more than one person. 2) No brand shall be recorded in this state

elsewhere than in the office of the department.

3) Painted brands must be composed ofnumbers, letters or symbols or a combination

of numbers, letters and symbols. [ Amended by1967 c 129 §11; 1973 c.94 § 1; 1975 c 574 §51

604.135 Prohibited use of design ormark similar to registered design or mark. After the department as authorized in ORS604.110 to 604.230 has recorded a distinctivedesign or identification mark for an ownerthereof and has designated and approved a

position or place on an animal in which such

design or identification mark can be used, no

other person is authorized to use or apply asimilar or identical design or identificationmark in such position or place on an animal.

1967 c. 129 §81

604.140 Recording and re- recordingof brands. ( 1) Any person desiring to adoptany brand on any species of livestock, sheep orpoultry, shall make and sign an application

setting forth: a) A facsimile and description of the

brand.

b) Its definite location on the animal.

c) A statement of the desire to adopt it.

2) He shall file the application with thedepartment, which shall record the brand, ifavailable, and issue a certificate to the person

adopting it. After the issuance of such certificate the holder thereof has exclusive right to

use such brand within the state subject to the

conditions prescribed by this section.

3) Such person, upon requesting a brandbe recorded, or upon requesting a brand bere- recorded, shall pay to the department forsuch recording or re- recording a fee to be fixedby the department not to exceed $ 50 to recordeach brand and $ 10 to re- record each brand,

on each species of livestock, sheep or poultryon which such brand is to be used.

4) Between September 1, 1977, and Janu-

ary 1, 1978, and during the same period ofevery second year thereafter, every owner of arecorded brand shall re- record it by paying theappropriate fee and filing with the department an application for re- recording on a formapproved by the department. Upon re-

recording, the holder of the brand shall havethe right to continue the exclusive use of such

brand. No person shall claim or own any livestock brand which is not recorded or re-

recorded with the department in accordance

with this section.

5) Within 60 days after the expiration of

a brand recording period, the department

shall give notice of expiration to the existingbrand holder. The notice shall be given bycertified mail addressed to the brand holder athis address as shown in the department

records. If an existing brand holder fails tore- record the brand within 30 days after deliv-

ery of the notice of expiration, the recordedbrand shall be considered abandoned, and anyother person shall be at liberty to adopt, record and use any brand so abandoned. How- ever, no person shall be at liberty to claim oruse any such abandoned brand until after ithas been recorded in his own name in themanner prescribed in this section.

6) No person has the right to record anybrand of any kind on the jaw of cattle or anybrand consisting of three letters or figures onthe shoulders of cattle. Such letters and figures on the shoulders of cattle are reserved tothe owners of livestock for the purpose of

indicating age, breeding or such other information as he may desire. However, nothing inthis section shall be construed to prevent the

use by the department of any brand authorized by law. The provisions of this section

8"

SUPERSEDED

BRANDS AND MARKS 604.180

relating to the use of brands consisting ofthree letters or figures on the shoulder ofcattle shall not be construed to affect the

privilege of persons presently having suchbrands recorded from continuing their use. Noperson using such brand for identificationshall use figures or letters in combination insuch a way as to conflict with a three letter orfigure brand recorded with the department forthe purpose of indicating ownership. [ Amended

by 1957 c.287 § 3; 1959 c. 16 § 1; 1973 c 94 § 2; 1975 c.5746; 1977 c. 175 §3]

604.145 " Three letters or figures"

construed. In subsection ( 6) of ORS 604.140,

the wording " three letters or figures" shall beconstrued to mean " three or more letters orthree or more figures" or any combinationthereof. [1967 c. 129 § 71

604.150 Certified copy of record. Atany time after the recording of any brand asprovided in ORS 604.140, any person mayprocure from the department a certified copyof the record of such brand by paying thereforthe sum of $1.

604.160 Recorded brand as property; transfer of brands. ( 1) Any brand recordedin compliance with ORS 604.140 is the property of the person causing such record to bemade. It shall be subject to sale, assignment,

transfer, devise and descent as personal property.

2) If the record holder of a brand is deceased and has not bequeathed it by will, thepersons entitled to such deceased person'spersonal property may relinquish all their

interest in such brand to any other distributeeor a third person by executing an affidavit tothat effect. The affidavit shall state:

a) That the decedent was the owner andrecord holder of the brand.

b) The time and place of his death.

c) A description of the brand.

d) The names and addresses of his surviv- ing spouse and issue, if any.

e) The fact of intestacy. f) That all the distributees who might

have a claim to the brand are parties to theaffidavit and that they mutually agree thatthe ownership of it is to be vested in a designated person.

3) If such decedent bequeaths the privilege of using a brand to more than one person, such persons may release their interest in

such brand in the same manner as in the caseof intestacy.

4) The affidavit shall be executed andfiled with the department not later than 60days from the date of issuance of the order ofdistribution by the probate court, relating tosuch classes of personal property. However, ifthe estate of any deceased person who is arecord holder of a brand is not probated, theaffidavit must be executed and filed with thedepartment not later than six months fromthe death of the record holder of the brand. Ifthe affidavits provided for by this section arenot filed within the time limited in this section, the privilege of use of such brand shallterminate. No person shall claim or use aterminated brand until after it has been

recorded in his own name and the recordingfee has been paid as authorized by ORS604.140.

5) Instruments of writing evidencing thesale, assignment or transfer of such brand

shall be acknowledged or witnessed by twowitnesses and shall be recorded, when accom-

panied by an application properly filled outand signed by the new owner of such brand asprovided by ORS 604. 140, by the departmentin a book or file to be kept for that purpose, upon the payment to the department a fee of

15. The recording of such instrument and theapplication shall have the same force and

effect as to third parties as the recording ofinstruments affecting real estate, and a certified copy of the record of any such instrumentand the application may be introduced inevidence, the same as is provided for certified

copies of instruments affecting real estate. Amended by 1959 c.396 §4; 1975 c.574 §71

604.170 Publication of brand and

mark book; disposition of fees. ( 1) The

department may publish a state livestock, animal and poultry brand and mark book andsupplements thereto, which may be sold atcost throughout the state.

2) All fees paid the department as provided by ORS 604.140, 604.150 and 604.160,

shall be deposited by the department with theState Treasurer, who shall deposit them in theDepartment of Agriculture Service Fund. Allsuch fees are continuously appropriated to thedepartment for the purposes described in ORS603.095. [ Amended by 1973 c. 175 § 14; 1979 c 499 § 181

604.180 Brand as prima facie evidence; proof of right to use brand. (1) In allactions for legal or equitable remedies, or inany criminal proceedings, when the title or

845

SUPERSEDED

604.190 ANIMALS

right of possession is involved, the brand of

any animal shall be prima facie evidence thatthe animal belongs to the owner of the brand, and that such owner is entitled to possessionof the animal at the time of the action, if suchbrand has been recorded as provided by ORS604.140.

2) Proof of the right of any person to usesuch brand shall be made by a copy of therecord, certified to by the department in accordance with ORS 604.150, or the original

certificate issued to the person by the department or by the former state veterinarian. Parol evidence is inadmissible to prove the

ownership of a brand. [ Amended by 1979 c284179]

604.190 Recordation as requisite to

admissibility of brand. No evidence of ownership of stock by brands shall be permitted inany court of this state unless the brand hasbeen recorded as provided by ORS 604.140. However, in the case of goats and hogs, evi-

dence of ownership may be considered in anyaction for legal or equitable remedies, or in

any criminal proceeding, as provided by ORS604.230. On the trial of any person chargedwith the violation of any of the stock laws, theprosecution may prove, as tending to showconversion by the accused, that the animalwas branded into a brand, or marked into a

mark, claimed by the accused to be the brandor mark of the accused, although neither such

brand or mark is recorded. [Amended by 1973 c.943; 1979 c.284 §1801

604.200 [Repealed by 1977 c 175 § 91

604.210 Public record of brands andmarks on livestock received in stockyards. Every person who owns, operates,

manages or has charge or control of any stock-

yard, or any yard or place through or by whichhorses, cattle or sheep are shipped, or arereceived for the purpose of placing or loadingfor transportation or shipment, shall make

and keep a public record of all brands andmarks on all horses, cattle or sheep so received at or in, or shipped by or through, suchstockyard, or other yard or place. Such recordshall also include the names of the persons

from whom any such horses, cattle or sheepwere received. The record shall, during business hours, be open to inspection or examina-

tion by any person desiring to inspect or examine it. However, this section does not applyto any stock unloaded out of cars for the purpose of feeding. [Amended by 1973 c. 94 § 4]

604.220 Use of unrecorded brand. Noperson shall use or cause to be used, anybrand upon a horse, gelding, mare, mule, ass, jenny, foal, bull, steer, cow, heifer, calf orsheep without first having the brand recordedin the office of the department, and permis-

sion granted for its use. [Amended by 1973 c.94 §51

604.230 Use of earmarks, wool and

tattoo marks. The owners of animals other

than goats or hogs in this state may use earmarks and they shall be taken in evidence inconnection with the owner's recorded brand inall actions for legal or equitable remedies, or

in any criminal proceedings, when the title tosuch property is involved, or proper to beproved. Owners of goats or hogs may also useearmarks. However, in no case shall the per-

son using such earmarks cut off more thanone -half the ear so marked, nor cut the ear onboth sides to a point. In the case of goats or

hogs, the earmarks, as well as the paint, woolor tattoo brand thereon, shall be considered inevidence in all actions for legal or equitable

remedies, or in any criminal proceeding, whenthe title to such property is involved, or properto be proved, whether or not the brand hasbeen recorded under ORS 604.140. [ Amended by1973 c.94 §6; 1979 c.284 §1811

BRAND INSPECTION

CERTIFICATE;

TRANSPORTATION OFLIVESTOCK

604.310 Certificates required for

transportation of livestock. (1) ( a) Except as

provided in paragraph ( b) of this subsection,

livestock transported from any point in thestate to or through any point outside of thestate, regardless of final destination, must beinspected before leaving the state and must beaccompanied by a brand inspection certificateor a memorandum brand inspection

certificate.

b) Livestock transported from an auctionyard licensed pursuant to ORS 599.235 to anypoint outside of the state may, in lieu of thecertificates mentioned in paragraph (a) of thissubsection, be accompanied by an invoiceissued by the auction yard operator whichcontains the livestock identification information obtained from brand inspection of thelivestock at the auction yard.

2) Livestock transported from a place

within this state to a range outside this state

and returned to a place within the state after

846

SUPERSEDED

BRANDS AND MARKS

movement therefrom shall be inspected as tobrands before removal from the state.

3) ( a) Livestock transported, the destination of which is any stockyard, livestock auction market or market agency within thestate, shall be accompanied by either a brandinspection certificate, a memorandum brandinspection certificate or a transportation certificate. If accompanied by a transportationcertificate or a memorandum brand inspectioncertificate only, a brand inspection must bemade and the brand inspection fee collected atthe point of destination.

b) Livestock transported from any of theplaces or agencies designated in this section, following brand inspection therein, destined toa point within the state or to a point outside ofthis state, may be so moved when accompanied by a memorandum brand inspectioncertificate. Other livestock may be transported from places or agencies mentioned in thissection accompanied by a transportation certificate executed by the owner thereof or hisauthorized agent.

4) Subject to the provisions of subsection5) of this section, all livestock transported in

any manner must be accompanied by a transportation certificate, a brand inspection certificate, a special brand inspection certificate ora memorandum brand inspection certificate, and, when the movement is accompanied by atransportation certificate and a change ofownership or right to possession occurs as anincident to or in connection with the movement, such certificate shall be accompanied bya record of transfer. Upon arrival of the livestock at a point where brand inspection is

required a copy of the transportation certificate and record of transfer or the brand in-

spection certificate or memorandum brand

inspection certificate, as the case may be, must be submitted to the brand inspector.

5) A transportation certificate is notrequired for the following movements of livestock within Oregon:

a) Movement by the owner or person inlawful possession of livestock when drifted, herded or trailed to or from pasture or range, in the regular course of ranch operation; or

b) Movement by the owner or person inlawful possession of horses. [ Amended by 1953c.358 §15, 1957 c.287 §4; 1961 c.267 §4; 1977 c. 175 §41

604.312 Special brand inspectioncertificate furnished in certain cases. ( 1)

Any owner or person in lawful possession of

847

604.315

livestock for showing, displaying or exhibitingthem or for livestock used for handling, herding, trailing, racing, or used for rodeo work, may apply to the department for a specialbrand inspection certificate.

2) Notwithstanding the provisions of thischapter, the department may issue such person a special brand inspection certificate orcertificates covering the livestock. A fee to befixed by the department, of not more than $5per head, shall be charged for issuing thecertificate or certificates.

3) Upon presentation of a valid special

brand inspection certificate during the periodfor which it is issued, no further Oregon brandinspection is necessary for livestock namedtherein which are being moved out of state orinto this state if there has been no change ofownership since the date of issuance of thecertificate. It is not the intent of this sectionto eliminate the requirement that such livestock must be brand inspected at places where

brand inspection is otherwise required by law, such as at livestock auction markets orstockyards.

4) Notwithstanding any other provisionof this chapter, the department may issue anontransferable brand inspection certificate toan owner of a horse. The certificate shall bevalid as long as there is no change of ownership of the horse. Information on the certificate shall include the date of issuance, the

name of the horse owner and the identifyingcharacteristics of the horse such as brands, breed, sex and color. The department shallcharge and collect a fee of $20 for the issuanceof each certificate. If the owner of a horsepossesses a valid certificate issued pursuant to

this subsection, no other proof of ownership ofthe horse shall be required at any time orplace when brand inspection of the horse isrequired by law. [ 1961 c.267 § 9; 1975 c.574 § 8; 1977

c. 175 §51

604.315 Out -of -state certificates or

documents in lieu of Oregon papers; inspection fees. (1) The department may acceptbrand inspection certificates or similar documents from other states in lieu of Oregonbrand inspection certificates, memorandumbrand inspection certificates or further brandinspection of livestock moved or transportedinto Oregon through an auction market orstockyard in Oregon which has been posted bythe Federal Government, providing:

SUPERSEDED

604.320 ANIMALS

a) The state from which the livestockoriginates has a brand inspector stationed at

such posted auction market or stockyard; and

b) The brand inspection services andprocedures of such other state meet the minimum procedures and standards of the laws ofOregon and have been approved by the department; and

c) The Federal Government has approvedand authorized such other state to providebrand inspection services in the posted auctionmarket or stockyard located in Oregon.

2) Nothing in this section shall be construed to mean that brand inspection feesshall be collected by the department on livestock being moved or transported into Oregon, unless such authority is otherwise provided bythis chapter.

3) Notwithstanding ORS 604.310 thedepartment may accept and recognize brandinspection and brand inspection certificates of

other states, in lieu of Oregon brand inspection and brand inspection certificates, on

livestock transported from a place within thisstate to an auction market situated outside of

this state, providing:

a) The out-of -state auction market hasofficial brand inspection services available;

b) The out-of -state auction market issituated within 100 miles of the borders of theState of Oregon;

c) The official brand inspection servicesavailable are at least equivalent to the brandinspection services of the department;

d) There exists a cooperative or reciprocalagreement between the department and the

out-of -state brand inspection agency concerning such services and fees therefor; and

e) The owner or person in possession whotransports the livestock gives assurance, in

the manner prescribed by the department, that the livestock will be transported to the

out-of -state auction market directly and without interruption. [ 1959 c.396 § 3; 1977 c. 175 §61

604.320 Submitting proof of ownership or right to possession of livestocksubject to brand inspection; seizure andsale of livestock upon failure to do so. ( 1)

Any person in possession of livestock shall, whenever such livestock become subject to

brand inspection as required by ORS 604.310to 604.550, submit proof of his ownership orright to possession of them.

2) Before issuing a brand inspection certificate the brand inspector shall satisfy himself that the person in possession is the ownerof the livestock or has a right to its possession. When the person in possession of livestockfails to furnish proof of ownership or right topossession, the brand inspector may, in addition to refusing to issue a brand inspectioncertificate, either:

a) Seize, hold, unload for inspection orotherwise impound or prevent the movement

of such livestock; or

b) Permit the sale of the livestock andimpound the proceeds of such sale.

3) Whenever the proceeds from the sale oflivestock are impounded, all of such proceeds

remaining after payment of the costs of saleand related charges shall be transmitted tothe department and shall be held in a sus- pense account in the Department of Agricul- ture Account in the State Treasury for threeyears; provided that any person holding proceeds of sale impounded by the departmentmay retain them in his possession for a periodnot to exceed 30 days from the date of impounding after which time the proceeds shallimmediately be transmitted to the department. These proceeds shall not be subject to

tithing or in any other manner treated asmoneys of the department during such period. Amended by 1953 c 358 §15; 1973 c. 11 § 11

604.322 [ 1953 c.358 § 15; 1961 c.425 § 12; repealed by

1967 c. 129 §12 (604.323 enacted in lieu of 604.322)]

604.323 Payment of proceeds fromsale of impounded livestock to owner;

settling adverse claims to proceeds; disposition of proceeds if no satisfactory claim.

1) All proceeds of sale impounded as providedin ORS 604.320 shall be subject to claim and

proof of ownership thereof during a period notto exceed 60 days from the date of impound-

ing. If a person claiming ownership of theproceeds of sale in the custody of the department provides satisfactory evidence of owner-

ship of the proceeds and as of such time noother persons have presented adverse claims

to the department, the proceeds shall be paidto that person. If more than one person, each

claiming adversely to the other, makes claimto proceeds of sale impounded by the department during the 60 days and the proceedshave not been paid out as authorized by thissubsection, the right, if any, of such personsas to the proceeds shall be determined asprovided in this section.

848

SUPERSEDED

BRANDS AND MARKS

2) Upon notice that several persons claimthe right to receive the proceeds, the depart-

ment shall give notice to the adverse claim- ants and to other persons the departmentbelieves may be interested or concerned therein. The notice to each claimant shall be for-

warded in duplicate with one copy being forwarded by certified mail and one copy byregular mail. In its notice the departmentshall establish a final date, which shall not beless than 30 days after the mailing date thereof, on or before which all persons described inthis subsection may file or personally presentevidence or testimony to the department as totheir reasons or claim to the proceeds. Thedepartment through its livestock police officers, personnel or other persons shall investi-

gate the claims of all such persons and other

matters relating thereto.

3) Within 15 days after the final dateprovided in subsection ( 2) of this section, thedepartment shall give written notice to persons who have filed claims, one copy forwarded by certified mail and one copy by regularmail, as to the department's opinion and determination as to which, if any, of the claim- ants or other persons should be paid all or apart of the impounded proceeds. If the department in its review of all evidence and testimony believes that justice would be best servedand the intent and purpose of the brand lawmore reasonably and fairly carried out in aparticular situation, it may determine that apart of such impounded proceeds shall be paidto more than one claimant.

4) The determination by the departmentshall become final unless any of the personswho have filed claims shall, within 30 daysafter the date the determination and opinionis mailed by the department, file an action forequitable remedies against the department.

The department shall not pay out any of theimpounded proceeds until after the 30-dayperiod has expired and if action is filed thedepartment shall continue to hold the proceeds pending final order of the court.

5) At the expiration of the three -yearholding period, if the department has not beenable to dispose of the impounded proceeds asauthorized by this section, the proceeds shallbe transferred to and may be expended by thedepartment in carrying out and enforcing thischapter. [ 1967 c. 129 § 13 ( enacted in lieu of 604.322),

1973 c. 11 § 2; 1979 c.284 §1821

604.340

604.324 Method of proof of ownershipof livestock or right to proceeds of sale. (1) Proof of ownership of livestock or of entitle- ment to the proceeds of sale of livestock maybe, except as otherwise required or modified inthis section, by any means which tend to logically and credibly establish ownership, or insituations involving the right to possessionsuch means as logically and credibly tend toestablish such right.

2) In all cases where livestock subject to

brand inspection bear a brand currentlyrecorded in the office of the department asprovided in ORS 604.110 to 604.130, 604.140and 604. 150 to 604.220, full weight shall beaccorded such brand consistently with theprovisions of ORS 604.180. In cases, however, where livestock bear a brand not recorded

with the department as required by ORS604.110 to 604.130, 604.140 and 604.150 to604.220, the disputable presumption of ownership arising from either possession, commonreputation or the exercise of acts of ownershipshall prevail as against a person claimingsolely by or under an unrecorded brand. Whenlivestock bear a brand recorded to a personother than the person in possession, such

livestock or the proceeds of sale may be heldat least until the person in possession furnish-

es the department a release executed by theowner of the recorded brand or a record of

transfer tracing title to the owner of therecorded brand.

3) Whenever the brand inspector in thecourse of his duties has doubts as to the own-

ership of livestock and it becomes necessaryfor the person in possession to furnish addi-

tional proof of ownership, such proof may bemade by appropriate record of transfer, billsof sale, affidavit or other means suitable to

the circumstances of the situation. [ 1953 c.358

15]

604.330 Taking up transportation

certificates; disposition. Brand inspectors,

at the time of inspecting livestock as tobrands, shall take up transportation certificates accompanying such livestock. Such

certificates shall be filed with the departmentwhere the originals or copies thereof shall be

available for use by the department and peaceofficers for a period of at least three years. Amended by 1953 c.358 §15; 1961 c.267 §5]

604.340 Carrier to receive proper

certificate before transporting livestock; delivery of certificate to consignee. ( 1) No

common carrier, contract carrier or private

849

SUPERSEDED

604.355 ANIMALS

carrier shall transport any livestock without ( a) Hold, handle, dispose of or sell the

receiving from the person in possession ofanimal or part thereof as authorized or provid-

h 1' took b d . rtificate ed in ORS 607.308 and 607.321 to 607.339, orsuc ives a ran inspection ce ,

memorandum brand inspection certificate or

transportation certificate, as the case may be. Such certificates shall be retained by thecarrier and accompany the livestock to theirdestination and be delivered to the consignee.

Each carrier shall be entitled to receive and

retain one copy of each transportation certificate, brand inspection certificate or memorandum brand inspection certificate or record of

transfer, as the case may be.

2) A carrier who violates the provisions of

this section shall, in addition to any criminal

liability which may accrue against him or it, be liable for any damage to another personthereby injured, in the amount of such damage, costs and reasonable attorney's fees. Amended by 1953 c 358 §15; 1967 c. 129 § 141

604.350 [ Amended by 1953 c 358 § 15; repealed by1967 c 129 §15; ( 604.355 enacted in lieu of 604.350)]

604.355 Impounding and disposing oflivestock believed not owned by possessor. ( 1) Any livestock, part or hide thereofmay be inspected at any time or place bypolice or peace officers, livestock police officers, brand inspectors or other authorized

personnel of the department. If such personfinds from such inspection:

a) That any brand inspection certificate, memorandum brand inspection certificate or

transportation certificate accompanying such

livestock and purporting to describe and authorize the movement of such livestock is false

or erroneous in any material respect; or

b) That such livestock or any of them, orany part or hide thereof, is not owned by theperson in possession, whether accompanied bya brand inspection certificate, memorandumbrand inspection certificate or transportation

certificate or not, such officer may seize, em-

bargo or otherwise impound such livestock,

part or hide until satisfactory proof of ownership or the right to possession is established. In addition to such action the livestock policeofficers, brand inspectors or authorized de-

partment personnel may take such otheraction as may be authorized by law.

2) Whenever a livestock police officer,

brand inspector or other authorized personnel

of the department seizes, embargoes or im-

pounds an animal or any part thereof, thedepartment may:

b) Hold, handle, dispose of or sell theanimal or part thereof under a plan or system

which may be established by the departmentafter public hearing under ORS 183. 310 to183.500. This may include authority for thedepartment from funds collected under this

chapter to pay for the holding of an animalunder seizure at any place deemed necessarypending final investigation thereof. And forrepayment to the department by the person inpossession or the lawful owner thereof, or forsale at public auction if costs are not paid. Purchasers at such sale shall have valid titlethereto, or

c) Allow the animal to be moved and heldby a person, under seizure and not to bemoved therefrom without prior approval of

the department. The animal shall only bereleased or disposed of as approved or ordered

by the department.

3) Every livestock police officer, brandinspector or other authorized representative

upon seizing or impounding pursuant to thissection any livestock, part or hide in the possession of any common carrier, contract carrier, private carrier or person, shall issue tosuch carrier or person a certificate of seizure

in a form to be prescribed by the department. Such certificate shall operate to relieve thecarrier or person from liability to the owner orshipper of such livestock, part or hide or to theconsignee thereof for loss or damage resultingfrom such seizure or impounding. [ 1967 c 129

16 (enacted in lieu of 604.350)]

604.360 Brand inspection before saleor slaughter of livestock; exemptions. ( 1)

Subject to subsection ( 4) of this section, no

packer or person operating a slaughterhouseshall slaughter or permit the slaughter of anylivestock at such an establishment until such

livestock has been inspected by a brand inspector of this state and a brand inspectioncertificate issued.

2) No person operating any stockyard, livestock auction market or market agency

shall sell or offer for sale any livestock in orthrough such establishment until such livestock has been inspected by a brand inspectorof this state and a brand inspection certificate

issued therefor. Whenever any livestock isoffered for sale at such place and not sold, the

identical animals may be offered for sale atthe same stockyard, livestock auction market

850

SUPERSEDED

BRANDS AND MARKS

or market agency within eight days of theoriginal date such livestock was offered forsale without being required to pay a secondbrand inspection fee upon presentation of theprior brand inspection certificate. In any suchinstance the unsold livestock must be presented for brand inspection without animals having been taken from or other animals havingbeen added to such lot or group of livestockand must be retained on the premises wherefirst offered for sale until again offered forsale within the time limited.

3) Each of the persons indicated in subsections (1) and (2) of this section shall keep orcause to be kept a copy of all brand inspectioncertificates, including memorandum brandinspection certificates, of livestock for a periodof one year next succeeding the date of issuance thereof and shall make such certificateavailable for inspection by representatives ofthe department.

4) No brand inspection shall be requiredat a custom slaughtering establishment if theowner of cattle to be slaughtered by suchcustom slaughtering establishment executes

and delivers to the operator of such establishment a certificate, on a form prescribed by thedepartment, certifying that such person is theowner of the cattle and describing the cattleby breed characteristics and brands or marks. Amended by 1953 c.358 § 15; 1973 c 430 § 2; 1975 c.5749]

604.370 Permitting inspection. No

person shall refuse to permit inspection of anylivestock, part or hide, while in transit orthereafter, by a brand inspector or policeofficer. No person shall refuse to permit hislivestock to be sheared or to have any otheraction taken to make the brands visible. Amended by 1959 c.396 §61

604.380 Making or uttering false representation. No person shall knowingly makeor utter any false certificate, affidavit or

record of transfer or make or induce any falseinspection, or certify to any material factrequired by ORS 604.310 to 604.430 to be setforth in any of such writings or documentsknowing it to be untrue. [Amended by 1953 c.358

15; 1973 c. 11 § 31

604.390 Brand inspection fee; payment of travel expenses for inspectionsnot made at official station. (1) A fee to befixed by the department, of not more than 40cents per head, except for horses which shallbe not more than $ 2 per head, shall be

604.410

charged for brand inspection in this state. Such fee shall be paid by the person at whoseinstance the brand inspection is made.

2) Upon request of the owner or person incharge, the department may perform brandinspection of livestock at such place as may bedesignated by the person requesting same. Inall such cases the department may as a condition of performing such inspection require thepayment of the reasonable cost of the timeand travel to and from the brand inspector'sofficial station. [ Amended by 1953 c 358 § 15; 1971c.773 §6; 1975 c.574 §10; 1977 c. 175 §7]

604.395 Exemption from brand inspection fee. ( 1) Notwithstanding ORS604.310 to 604.550, no brand inspection feeshall be collected by the department at a livestock auction market or stockyard on anyanimal where the sale price, or the value ofthe animal if sale is not involved, is not morethan $ 10. The determination by the department as to the sale price, or the value or otherfactors which result in noncollection of thebrand inspection fee, shall be conclusive andfinal.

2) The provisions of subsection ( 1) of thissection do not apply to animals going to orbeing sold for slaughter or being exported orshipped out of the state. [ 1957 c.287 §5; 1963 c.357

l; 1971 c. 773 §7; 1973 c.151 § 21

604.400 Collection and disposition ofbrand inspection fee. (1) The operators of all

stockyards, slaughterhouses, packing plantsand livestock auction markets are responsiblefor the collection of brand inspection fees atsuch places, respectively, except when brandinspection certificates accompany the livestock to such places. They shall promptly payover and deliver to the brand inspector making inspection at such places all brand inspection fees collected by them.

2) All fees paid the department as provided in ORS 604. 100 and 604.390shall be deposited by the department with the State Trea- surer, who shall deposit them in the Depart- ment of Agriculture Service Fund. Such feesare continuously appropriated to the department for the purposes described in ORS603.095. [ Amended by 1973 c.295 § 1; 1979 c.499 § 191

604.410 Refunding of inspection fees. 1) Should the identical livestock transported

to or through a point outside of the state asprovided in subsection ( 1) of ORS 604.310 be

returned to the state without unloading enroute, and in continuation of the same ship-

851

SUPERSEDED

604.420

ment or movement, and if no change of owner-

ship has occurred or is involved, and if suchmovement constitutes a normal ranch opera-

tion of the owner of such livestock, such owneris entitled to a refund of the brand inspection

fees paid by him in connection with suchmovement. In order to obtain the refund the

owner shall make claim for it to the directorwithin 90 days from the inception of suchmovement, on a form of affidavit to be provid-

ed by the department. Upon receipt of suchaffidavit and claim, the director shall makethe refund to which the claimant is entitled. Payment shall be made from the Brand In- spection Account.

2) If livestock described in subsection ( 2) of ORS 604.310 is returned to a place withinthe state within eight months from date oforigin of movement from this state or if cattletransported from a place within this state to arecognized livestock show, fair or exhibit

outside this state are thereafter directly returned from such show, fair or exhibit to a

place within this state, the owner or person inlawful possession may apply to the department for a refund of one -half of the fee forsuch brand inspection. Application for suchrefund shall be made to the department, on

forms supplied by the department, within 90days after the return of such livestock to thestate. It shall be accompanied by certificatesof brand inspection issued upon removal ofsuch livestock from this state and certificates

of brand inspection, if any, issued by anyother state, authorizing the return of thelivestock to this state. In addition, the applicant for refund shall attach his affidavit de-

claring that the animals described in theOregon brand certificate, as to which a refund

is requested, were moved to such other state

and returned to Oregon on respective datesstated, and are the identical animals described

in the brand certificate issued by such otherstate. Upon proof so established the directorshall make the refund to which the claimant

is entitled, making payment from the BrandInspection Account. [ Amended by 1961 c.267 § 6; 1977 c. 175 §8; 1977 c.214 §91

604.420 Collecting fees in stockyardsunder federal jurisdiction. The department

shall apply to the United States Secretary ofAgriculture for authorization to charge and

collect fees in stockyards subject to the juris-

diction of such secretary, for the inspection ofbrands and other identifying characteristics oflivestock. The department shall also register

as the market agency of the state for such

purpose and do all other things necessary oradvisable, in conformance with 7 U.S.C.A. 217a for the protection of livestock and the

prevention of livestock theft. [Amended by 1957c.287 §6]

604.425 Reciprocal agreements with

other states; authority with respect tolivestock entering Oregon. The director

shall have authority to enter into reciprocalagreements with other states in the preven-

tion of livestock theft. When the laws of suchstates require an official brand certificate forinterstate shipment of livestock, livestock

from such states that enter Oregon withoutofficial brand certificates may be declaredestrays and handled in the same manner asOregon estrays. The director or his authorizedagent shall have authority to hold animals orhold proceeds from the sale of said estrays andtransmit proceeds to the proper state authori-

ty of the state of origin. Notwithstanding allother laws to the contrary and where not inconflict with the law or regulations of theFederal Government, for the protection of

livestock and the livestock industry of thisstate and the prevention of livestock theft,

livestock entering Oregon may be subjected tobrand inspection and animals without proper

brand inspection certificates may be treatedas estrays. [1957 c.287 § 121

604.430 Issuance and disposition ofcertificate forms. ( 1) The department shall

issue brand inspection certificate forms andmemorandum brand inspection certificateforms, and provide for the disposition thereof,

as may be required for compliance with theprovisions of ORS 604.012 and 604.310 to604.550 and the rules and regulations promul-

gated thereunder.

2) The department shall provide transportation certificate forms, the use of which isauthorized under the provisions of ORS

604.310. Such forms may be sold by the department at cost and the proceeds used toreimburse the department for expenses incurred in connection therewith. [ 1953 c.358 § 13;

1963 c.66 § 11

604.440 Establishment of brand inspection system for intrastate cattle move-

ments; scope of system. (1) In order to carryout the intent and purposes of this chapter toreduce theft of cattle and the possibilities of

conflicting claims of ownership thereof, thedepartment is authorized to establish, main-

tain and enforce a system of brand inspection

852

SUPERSEDED

BRANDS AND MARKS

at such times and such places as an intrastate, regional movement of cattle takes place with-

in this state. The department is also authorized to establish, maintain and enforce a system of brand inspection at such times andsuch places as a change of ownership takesplace. Such system may include:

a) That such brand inspection may be inaddition to or may be in lieu of other brandinspections required or allowed by ORS chapter 604, and the circumstances or conditionsunder which the alternative shall be allowed.

b) The times and places such brand inspection shall take place in relation to thetime of movement or location change orchange of ownership.

c) The establishment of a brand inspection fee as provided for in subsection ( 1) ofORS 604.390, and the person responsible forpayment of the fee.

d) The type of certificate, as defined inORS 604.032, to be issued upon such brandinspection, and the persons responsible for theretention or presentation of the certificate.

e) Establishment of geographic, regionalor political areas within the state in whichsuch brand inspection would be required. Saidareas shall not be more than 12.

f) The circumstances and conditions under which any exemption from or modificationof the requirements of such a system may beallowed, particularly as these exemptions ormodifications may be determined feasible inrelation to the movement or sale of minimumnumbers of livestock.

2) The system authorized by this sectionshall be established only after public hearingsand in accordance with the provisions of ORS183.310 to 183.500.

3) In establishing a system authorized bythis section, the department shall take intoconsideration the following:

a) The customs, practices and theft orownership problems of the cattle industry inthis state, geographic, regional or politicalareas therein and in other states.

b) The desirability as determined by amajority of persons so affected within anygeographic, regional or political area whensuch brand inspection is required.

c) The laws and regulations of the UnitedStates and of other states.

853

604.531

d) The volume of cattle movement orlocation within this state, or within geographic, or regional, or political areas therein.

e) The economic feasibility in carryingout any such system. [ 1973 c. 190 §21

604.450 [ 1973 c. 190 §3; repealed by 1977 c.214 § 101

604.460 Transactions in violation ofbrand inspection system prohibited. Noperson shall purchase, sell, move, change

location, transport or handle cattle in violation of ORS 604.440 to 604.460 or regulationsthereunder. [1973 c. 190 § 61

Note: 604.460 was enacted into law by the Legisla- tive Assembly but was not added to or made a part ofORS chapter 604 or any series therein by legislativeaction. See the Preface to Oregon Revised Statutes forfurther explanation.

PERSONS ADMINISTERINGBRANDING LAWS;

JURISDICTION OF COURTS

604.510 [Repealed by 1977 c.214 §10]

604.520 [ Amended by 1957 c.287 § 7; 1967 c.208 § 6; repealed by 1977 c.214 §101

604.530 [Repealed by 1957 c.287 § 8 ( 604 531 enactedin lieu of 604.530)]

604.531 Appointment, qualifications

and compensation of brand inspectors. (1)

The department shall appoint brand inspectors to carry out and enforce the provisions oflaw listed in ORS 604.540.

2) In making appointments under subsection ( 1) of this section, the department mayappoint as brand inspectors persons in theunclassified service of state merit system who

possess the necessary experience, knowledgeand qualifications and pay them on any reasonable and fair basis. However, at any timethe average monthly compensation receivedby such a person during a six -month periodequals or exceeds the minimum wage or start-

ing step of the pay range or schedule established for brand inspectors by the Public Em- ploye Relations Board, then the person andthe position are subject to classified meritsystem. If such person in the opinion of thedepartment has satisfactorily carried out hisduties as a brand inspector, he shall be givenregular merit system status and shall be enti-

tled to be hired by the department upon suc- cessfully passing a noncompetitive examination for this classification.

3) In making appointments under subsection ( 1) of this section, the department may

SUPERSEDED

604.535 ANIMALS

appoint as brand inspectors persons subject to

classified merit system. At any time in anyarea where the work load decreases or other

facts or conditions require only the part -timeservices of a person in a classified position,

the department may declare the position to beunclassified.

4) The department may require brandinspectors, as principal, to execute a bondpayable to the state, with a surety companyauthorized to do business within the state as

surety, conditioned that such brand inspectorshall faithfully perform his duties prescribedby law. [ 1957 c.287 § 9 ( enacted in lieu of 604.530);

1961 c.267 § 71

604.535 Appointment of employes ofother governmental agencies as brandinspectors. ( 1) " Agency," as used in this

section, means state, county or city government.

2) The department, by written agreementwith an agency or its employe, may appoint asa brand inspector a person employed by anagency, including but not limited to peaceofficers, police officers, sheriffs, town mar-

shals and their deputies.

3) Whenever any employe of an agency, with the approval of the department, is en-

gaged in carrying out and enforcing any of theprovisions of this chapter, or regulations pro-

mulgated thereunder, as authorized by thissection:

a) The duties, responsibilities and author-

ity provided by this chapter are in addition toand not in lieu of the duties, responsibilities

and authority already held by the employingagency or the employe thereof. The provisionsof this chapter shall be considered in parimateria with the law under which such agen-

cy or its employe is authorized to act in itsofficial capacity.

b) The employe shall carry out and enforce the provisions of this chapter under the

direction and control of his agency.

c) The employe shall have the power and

authority of a brand inspector and the samepower and authority as employes of the department engaged in a similar capacity ortype of work.

d) The employe shall comply with theprovisions of this chapter and the instructions

or regulations promulgated by the department.

4) The agency or its employe may bereimbursed by the department for the services

performed by the employe, on any basis that isfair and reasonable. The agency or its employeis authorized to receive such payment. If payment is made to the agency, it is hereby authorized to expend the money in carrying outand enforcing the provisions of this chapter orthe provisions of a law, ordinance or orderunder which it otherwise acts in its official

capacity.

5) Notwithstanding other laws to thecontrary, the department without hearingmay revoke the appointment of a brand inspector appointed pursuant to the provisions

of this section.

6) Any agency or its employes, with theapproval of the department, are authorized toand are responsible for the collection of brandinspection fees. Such fees shall be promptlypaid to the department. [ 1959 c.396 § 71

604.540 General powers and duties ofbrand inspectors and police officers. (1) In

carrying out ORS 133.460, 133.465, 142.070, 164.045, 164.055, 164.095, 164.245, 167.850, and ORS chapters 596, 599, 600, 601, 603, 604, 605, 607 and 619, all brand inspectorshave the powers of peace officers to make

arrests, stop the movement of livestock, partsor hides, impound the proceeds from the salethereof, serve and execute warrants of arrest,

warrants of search and seizure and take such

other steps, including the use of emergencyvehicles and other equipment, as may bedeemed necessary or proper in accomplishingthe enforcement of such sections.

2) All brand inspectors and police officers

shall note and investigate the movement oflivestock, parts or hides for the purpose of

preventing theft thereof. [ Amended by 1957 c.287

11; 1971 c. 743 §400; 1973 c.295 §2; 1975 c.304 §71

604.542 Livestock police officers,

powers and duties. Livestock police officersof the department who in addition to other

duties may supervise brand inspectors, shallbe furnished identification badges, uniforms, emergency vehicles and other equipment theymust use in their duties. They shall enforceand carry out the provisions of this chapter, the statutes named therein, laws relating toanimals and livestock, or other laws under thejurisdiction of the department at the times

and in the manner and method as shall beapproved by the director. [1967 c 129 § 101

604.545 Department's powers regard-

ing use and recording of brands; review ofdecision. (1) Before a terminated brand pro-

854

SUPERSEDED

BRANDS AND MARKS

vided for in subsection ( 4) of ORS 604. 160 isrecorded in the name of a new owner, thedepartment may investigate all matters relating to the brand, including but not limited tothe time and date of death of the owner, thenames and locations of persons entitled to the

deceased person's personal property, the reason for failure to file affidavits as required byORS 604. 160, the past and present use of thebrand, as well as the ownership and numberof animals on which the brand appears.

2) If it appears that an affidavit can befiled within a time to be established by thedepartment in the manner provided for inORS 604.160 or there are other reasonablefacts as to why the brand should be recordedin the name of some person or persons whowere entitled to the deceased person's personalproperty or the brand should be vested in aperson designated by them as authorized byORS 604.160, the department in its discretionmay authorize and shall record the brand in

the name of such person rather than in thename of a new applicant or person.

3) The decision of the department as tothe recording and use of any brand shall befinal unless an appeal is taken to the CircuitCourt of Marion County, Oregon, within 60days after the date of a recording of suchbrand. The decision of the department shallnot be changed or set aside unless there isconclusive proof to the court sitting without ajury that the decision of the department isunreasonable, capricious or arbitrary. [ 1959

c.396 §5]

604.550 Jurisdiction of courts. Justicecourts, district courts and circuit courts haveconcurrent jurisdiction of violations of ORS604.070 and 604.310 to 604.430.

FEEDLOTS

604.610 ` Licensed feedlot" defined. As used in ORS 604.620 to 604.670, " licensedfeedlot" means a beef cattle feedlot, licensedby the department, that has more than 500head of cattle being fed for slaughter at onetime during a calendar year. [1975 c. 162 §21

604.620 License; privileges; applica-

tion; fee; expiration. (1) No person shall beentitled to utilize the brand inspection andinventory procedures prescribed in ORS604.630 to 604.650 and 604.670 without firstobtaining and maintaining a license as alicensed feedlot.

855

604.650

2) An application for a license or renewalthereof shall be made to the department onforms prescribed by the department, and shallbe accompanied by the annual license fee of

100. The license is personal and nontransferable. A new license is required at any timethere is a change in ownership, legal entity orestablishment location. All such licenses shall

expire on January 1, next succeeding the dateof issuance.

3) In accordance with the provisions of

ORS 183.310 to 183. 500, the department maysuspend, revoke or refuse to issue or renew a

license to any applicant or licensee whoseestablishment construction or methods of

operation do not comply with the requirements established by the department. [ 1975

c 162 §3]

604.630 Inventory; record; audit. Atthe time a license is issued, the department

and the licensee shall jointly make and recorda physical inventory of all cattle in the feedlotof the licensee. Thereafter, such inventoryrecord shall be maintained by the licensee andshall be subject to review or audit by thedepartment at any time during the normalbusiness hours of the licensee at least once amonth for the purpose of reconciling the samewith the records of the department. [1975 c. 1625]

604.640 Inspection of cattle; additionto inventory; fee. All cattle received at thelicensed feedlot shall be consigned to specialholding pens and held therein until inspectedand released to the general feedlot area by thedepartment's brand inspector. The depart-

ment's inspector shall review and verify alldocuments of title, transportation certificates, brand inspection certificates, memorandum

brand inspection certificates, or record of

transfer relating to such cattle, and if suchdocuments are in order shall add such cattle tothe department's inventory records of thelicensee. The department shall not charge forsuch inspections unless a transportation certificate is subject to review and verification. In this event, the department shall charge thebrand inspection fee established under ORS604.390. [1975 c. 162 § 61

604.650 Inventory upon removal; fee; prohibited acts. ( 1) All cattle, includingsalvage animals, dead animals, other saleanimals and fed cattle being sent to slaughter, removed from the licensed feedlot shall beinventoried by the department' s brand inspec-

SUPERSEDED

604.660 ANIMALS

for and the number thereof deducted from thedepartment's inventory records of the licensee. The department shall thereafter issue itsbrand inspection certificate, or other appropri-

ate document evidencing brand inspection, listing thereon only the number and generaldescription of the cattle removed from thelicensed feedlot. The department shall charge

the brand inspection fee established under

ORS 604.390 for such inventory and inspection.

2) Upon completion of the inventory andinspection of the cattle being removed fromthe licensed feedlot, no person shall add, re-

move or substitute for any animal in the lot ofcattle subjected to such inventory and inspection. [ 1975 c. 162 § 71

604.660 Separation of cattle at

slaughterhouse. Cattle delivered from a

licensed feedlot directly to a slaughterhouselicensed under the provisions of ORS 603.025

shall be kept separate and apart from cattle at

such slaughterhouse that are required to bebrand inspected prior to slaughter. [ 1975 c. 162

81

604.670 Rules by department. The

department, under the provisions of ORS

183. 310 to 183. 500 may promulgate such rulesas are necessary to administer and enforce theprovisions of ORS 604.610 to 604.670, includ-

ing but not limited to: 1) The time and manner of maintaining

inventory records; and2) Controls and minimum standards of

construction and methods of operation bylicensees. [ 1975 c. 162 § 41

PENALTIES

604.990 [ Subsection ( 6) of 1963 Replacement Partenacted as 1961 c.267 §10; subsection (7) of 1963 Replace- ment Part enacted as 1961 c.462 §7 and amended by 1963c.87 §4; repealed by 1967 c. 129 § 19]

604.992 Penalties. Violation of any ofthe provisions of this chapter is a misdemean- or. [1967 c 129 § 181


Pursuant to ORS 173. 170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter arecorrect copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and otherchanges specifically authorized by law. Done at Salem, Oregon, Thomas G. Clifford

October 1, 1979. Legislative Counsel

856

SUPERSEDED

Chapter 605

1971 REPLACEMENT PART1979 reprint)

Breeding of Animals

605.010 Breeding horses near dwellings or in 605.040 Misrepresentation of pedigree; mutilationuninclosed place

of certificate or proof of pedigree605.020 Breeding pen to be fenced or walled605.030 Bulls used for "public service" must be of 605.990 Penalties

pure blooded breeding

CROSS REFERENCES

Brand inspectors, powers and duties, 604 540 Parakeet breeders to band birds sold or held for sale, Cruelty to animals, 167.850 596.480Lien for stud or artificial insemination services, 87.226

857

SUPERSEDED

ANIMALS

858

SUPERSEDED

BREEDING OF ANIMALS

605.010 Breeding horses near dwellings or in uninclosed place. No person shallbreed any horses within 150 feet of any houseor dwelling used wholly or partly as a dwelling house, in any city or town within thisstate. Such breeding must be done within apen or corral inclosed by a wall or fence completely obstructing the view.

605.020 Breeding pen to be fenced orwalled. Any person breeding horses or engaging in or maintaining and operating a pen orcorral for breeding purposes within any city ortown, shall surround such breeding place witha solid wall or fence not less than 10 feet inheight.

605.030 Bulls used for " public ser-

vice" must be of pure blooded breeding. No person shall offer for sale or use or offerfor public service for fee, compensation orreward, any bull that is not of pure bloodedbreeding. The term `Public service" as used inthis section means the breeding of any cow notowned by the owner of the bull for fee, compensation or reward.

605.040 Misrepresentation of pedi-

gree; mutilation of certificate or proof ofpedigree. (1) No person shall:

a) By any false representation and with

605.990

intent to defraud, obtain from any corporation, club, association, society or companyorganized in whole or in part for the purposeof improving breeds of cattle, horses, sheep, swine or other domestic animals, a false certificate of registration of any such animal intheir herd register or other register, or obtainthe transfer of any such certificate.

b) Knowingly and with intent to defraud, give a false pedigree of any such animal.

c) During the existence of any mortgageon or lien or charge against any such animal, spoliate, mutilate or destroy the registrationcertificates or proofs of pedigree, or so encum-

ber the same that the animal covered therebycannot, in connection with the records, rulesand regulations of the corporation, club, asso-

ciation, society or company under which theanimal is registered, be directly designatedthereby.

2) Violation of this section is a Class Bmisdemeanor. [ 1971 c.743 § 3001

605.990 Penalties. Violation of ORS605.010 or 605.020 is punishable, upon conviction, by a fine of not less than $50 nor exceeding $200 or by imprisonment in the county jailfor not less than five days nor exceeding 90days.


Pursuant to ORS 173. 170, I, Robert W Lundy, Legislative Counsel, do hereby certify that I have compared each sectionprinted in this chapter with the original section in the enrolled bill, and that the sections in this chapter are correctcopies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and other changesspecifically authorized by lawDone at Salem, Oregon,

Robert W. LundyDecember 1, 1971. Legislative Counsel

859

SUPERSEDED

ANIMALS

860

SUPERSEDED

Chapter 606


Grazing and Ranging; Grazing DistrictsNote: 606.010, 606.020, 606.030, 606.040, 606.050,

606.060, 606.070, 606 080, 606.090, 606. 100, 606 110, 606.120, 606.310, 606.320, 606.330, 606.340, 606.350, 606.360, 606.410 and 606.420 repealed by 1955 c 139 § 1

606.210 [Renumbered 607.365]

606.220 [Renumbered 291. 540 and then 293.575]

861

606.230 [Renumbered 294.0701

606.240 [Renumbered 311. 7171

606.990 [ Amended by 1955 c. 139 § 2; renumbered607.990 ( 10)]

SUPERSEDED

ANIMALS

862

SUPERSEDED

Chapter 607


Stock Running at Large; Livestock Districts

DEFINITIONS 607.313607.005 Definitions607.007 " Estray "; " adequate fence "; " taking up" 607.321

defined

MALE STOCK RUNNING AT LARGE ON OPENRANGE

607. 261 Male stock running at large on open range

TAKING UP AND SELLING ANIMALS; ESTRAYS;

LIVESTOCK DISTRICTS

607.008 Incorporated cities are livestock districts607.010 Petition for creation of district607.012 Boundaries of proposed district607.013 Hearing on proposed formation of district607.015 Election to create livestock district607.020 Changing boundaries and dissolution of

owner; payment of costs to person taking

districts

607.025 Cash deposit by petitioners607.040 Notice of creation of a livestock district;

up livestock

filing of documents by county clerk607.042 Voters of livestock district not to petition

giving notice

for or vote on another district coveringsame class of animals; only one electiona year on same proposal

607.043 Land entirely inclosed by federal land607.044 Civil liability for livestock at large in

livestock district607.045 Livestock at large in livestock districts607.051 Status of districts designated by order of

State Department of Agriculture

MALE STOCK RUNNING AT LARGE ON OPENRANGE

607. 261 Male stock running at large on open range

TAKING UP AND SELLING ANIMALS; ESTRAYS;

Stock running at large and grazing on

INTERFERING WITH Al 1MALS

607.300 Determining adequacy of fences607.303 Owner or lessee of property taking up

certain state highways

livestock unlawfully permitted to run at

Stock at large or grazing on highway from

large; notice to owner and department607.304 Delivery of livestock to department or

Stock running at large on highways in

owner; payment of costs to person taking

Washington County

up livestock; arbitration

607.308 Alternative procedure for person taking

defense highways

up livestock607.311 Taking up estray prohibited without

giving notice

607.328

607.332

607.336

607.337

607.338

607.339

607.341

607.344

607.345

607.350

607.355

607.360

607.365

Notice to department by persons taking upestrays; recovery of costs

Investigation by department upon receiptof notice; procedure if department determines estray owner

Procedure for sale of estrays; determiningvalue; notice

Claim by owner before saleTitle of purchaser at sale

Use of proceeds from sale

Use of proceeds where private person hastaken up livestock

Liability of departmentJurisdiction of courts

Freshly branded" defined for ORS607.345 to 607.360

Interfering with calves and colts on openrange; selling freshly branded cattle orhorses

Producing, on demand, the mothers ofcalves or colts

Disposal of calves and colts wrongfullyheld

Applicability of statutes regulating handling of calves and colts

Driving domestic animals from range

REGULATION OF STOCK ON CERTAINHIGHWAYS

607.505 Stock running at large and grazing onKlamath Falls -Malin Highway

607.510 Stock running at large and grazing oncertain state highways

607.515 Stock at large or grazing on highway fromCanyonville to Umpqua National Forest

607.520 Stock running at large on highways inWashington County

607.527 Stock herded or grazed on interstate anddefense highways

607.992 Penalties

CROSS REFERENCES

PENALTIES

Administrative procedures and rules of state agencies, Livestock districts, boundaries and types, 1957 c.604183.310 to 183.500Restrictions on use of streets by animals, incorporatedBrand inspectors, powers and duties, 604 540

communities, 487.660Branding and marks for livestock, 604 425 Water, storage for livestock, 537.300Fencing provisions, Ch. 608Hogs not permitted to run at large, 608.510Killing unbranded or freshly branded cattle running at 607,005

large, 604.070 District election procedures, Ch 255

863

SUPERSEDED

ANIMALS

607.010 Population, determination of, 190.520

Judicial examination to determine legality of any district's organization and actions, 33.710 and 33.720

864

SUPERSEDED

STOCK RUNNING AT LARGE; LIVESTOCK DISTRICTS 607 -013

DEFINITIONS LIVESTOCK DISTRICTS

607.005 Definitions. As used in this 607.008 Incorporated cities are live - chapter: stock districts. All incorporated cities are

livestock districts_ n s57 , AM 6s11) " Class of livestock" means a class,

species, genus or sex of livestock, including aclass, species or genus of neutered livestock.


3) " Federal land" means a tract of landcontaining 25,000 acres or more owned oradministered by, or under the jurisdiction of, the United States and not subject to the lawsof this state.

4) " Legal voter" means a registered voterresiding within the boundaries of the proposedlivestock district.

5) " Livestock" means animals of the

bovine species, horses, mules, asses, sheep, goats and swine.

6) " Livestock district" means an area

wherein it is unlawful for livestock or a classof livestock to be permitted to run at large.

7) " Open range" means an area whereinlivestock may lawfully be permitted to run atlarge. [ Amended by 1957 c.604 § 2; part derived from1957 c.604 § §171 28; 1971 c.647 §132]

607.007 " Estray "; "adequate fence ";

taking up" defined. As used in this chapter, unless the context requires otherwise:

1) " Estray" means livestock of any unknown person which is unlawfully running atlarge or being permitted to do so, or which isfound to be trespassing on land inclosed by anadequate fence.

2) " Adequate fence" means a continuousbarrier consisting of natural barriers, structures, masonry, rails, poles, planks, wire orthe combination thereof, installed and maintained in a condition so as to form a continuous guard and defense against the ingress oregress of livestock into or from the landsinclosed by said fence. Such natural barriersshall include hedges, ditches, rivers, streams, ponds or lakes.

3) " raking up" means the intentional

exertion of control over livestock, includingbut not limited to the restriction of movement, holding under herd, feeding, pasturing orsheltering of such livestock. [ 1971 c 579 § 21

607.010 Petition for creation of district. (1) A legal voter who desires to create a

livestock district may petition the countycourt or board of county commissioners to holdan election for such purpose. The petition

shall be filed with the county clerk of thecounty wherein the district is sought to be

created, shall set forth the name by which theproposed district is to be designated, and shalldescribe the boundaries thereof.

2) The petition shall contain the signatures of six or more legal voters from eachprecinct, or portion of precinct, included with-

in the boundaries of the proposed district; butin no case shall the petitioners be required toobtain the signatures of more than 100 legalvoters. No person shall sign the petition unless he owns real property within the proposedlivestock district.

3) The proposed livestock district shallcontain not less than 2,000 acres.

4) The petition shall state what livestockor class or classes thereof are not to be permit-

ted to run at large within the proposed live-

stock district. A class of livestock may befurther designated or described by minimumor maximum age limits or by breed. [ Amended

by 1957 c.604 §41

607.012 Boundaries of proposed district. The boundaries of the proposed livestockdistrict shall follow subdivision lines of sections, section lines, township lines, donationland claim boundaries or lines, lakes, rivers, the boundary line of this state, public roads orcounty boundary lines, except that the boundary of an established livestock district may beused as a boundary for the proposed livestockdistrict if the districts are adjacent to eachother and will have a common boundary line. 1957 c.604 §51

607.013 Hearing on proposed formation of district. (1) Upon receiving a petitionas provided in ORS 607.010, the county courtor board of county commissioners shall makean order declaring its intention to hold a hearing on the petition, naming the proposed district and describing its boundaries.

2) The order shall fix the time and placefor the hearing. The time shall be not lessthan 30 days after the making of the order.

865

SUPERSEDED

015 o fI0

The county court or board of county commissioners shall direct the county clerk to publisha notice of the hearing in a newspaper ofgeneral circulation in the county. The noticeshall be headed: " Notice of the Proposed For-

mation of Livestock District,

County" ( stating the name of theproposed district and the name of the county). It shall state the time and place of the hearingon the matter of formation of the district, shall describe the territory included therein, specify the boundaries thereof and name thelivestock or class of livestock which shall not

lawfully be permitted to run at large therein. The notice shall be published once a week fortwo successive weeks prior to the time fixed

for the hearing. A copy of the published noticeshall be forwarded to the department by certified mail.

3) At the hearing any person interestedmay appear and present evidence relating tothe petition. If, after a full hearing, the county court or board of county commissioners is ofthe opinion that the boundaries of the proposed livestock district should be changed, the

county court or board of county commissionersmay make the necessary changes. [ 1957 c.604

06, 71

607.015 Election to create livestock

district. Within 15 days after the hearing, thecounty court or board of county commissionersshall call an election to be held in the proposed district. The election shall be conducted

in accordance with ORS 255.005 to 255.275and 255.345. The notice shall clearly statethat the purpose of the election is to make itunlawful to permit livestock or a class oflivestock to run at large within the boundariesdescribed. [ Amended by 1957 c.604 § 8; 1971 c.647133; 1975 c.647 § 501

607.020 Changing boundaries and

dissolution of districts. ( 1) Any area containing 2,000 acres or more may be withdrawnfrom a livestock district, or a complete dissolution may be effected in the same manner ascreation of a livestock district as provided inORS 607.005 to 607.045. The notice of election

for withdrawal or dissolution shall clearlystate that the purpose of the election is toallow livestock or a class of livestock to run atlarge within the boundaries described.

2) The boundary of an area to be withdrawn from a livestock district shall be drawnin compliance with ORS 607.012, except to the

extent that it follows the boundary of thelivestock district.

3) No withdrawal from a livestock districtshall be allowed if the area remaining withinthe livestock district will be less than 2,000acres.

4) Any withdrawal from or dissolution ofa livestock district which is the subject of anorder of the department issued under section33, chapter 604, Oregon Laws 1957, shall bemade with reference to the boundaries estab-

lished thereby.

5) Any area may be annexed to an existing livestock district in the same manner ascreation of a livestock district as provided inORS 607.005 to 607.045, except that:

a) The area may be less than 2,000 acres;

b) The election procedures provided inORS 607.015, and the notice and order provid-

ed in ORS 607.013, shall only apply to and becarried out in the area proposed to be annexed; and

c) The qualified voters on a proposed

annexation shall be limited to those residingwithin the area to be annexed. [ Amended by

1957 c.604 §9; 1977 c.308 §11

607.025 Cash deposit by petitioners. When, at the request of the petitioners, theelection is to be held on a day other than oneon which a regular primary or general election is scheduled to be held, and if the request

is approved by the county court or board ofcounty commissioners, one or more of thepetitioners shall deposit money with the county clerk in an amount to be fixed by the county court or board of county commissioners, which shall be a sum deemed by it sufficientto defray the probable expenses of the specialelection. Until the money is deposited, thecounty clerk shall neither take action norincur expense in connection with the specialelection. If the amount deposited exceeds thetotal expenses of the election, as ascertained

by the county clerk and certified by him to thecounty court or board of county commissioners, the excess shall be returned to the petitioner or petitioners who deposited the money. Amended by 1957 c.604 § 101

607.030 [ Amended by 1957 c.604 § 11, repealed by1971 c.647 § 1491

607.035 [Repealed by 1971 c.647 §1491

607.040 Notice of creation of a livestock district; filing of documents bycounty clerk. (1) If a majority of all the votescast is in favor of the creation of the livestock

866

SUPERSEDED

STOCK RUNNING AT LARGE; LIVESTOCK DISTRICTS 607.051

district, the county clerk shall give noticethereof by publication, in a newspaper ofgeneral circulation in the county, once a weekfor two consecutive weeks, that on and afterthe 60th day from the date of the first publication of the notice it shall be unlawful forlivestock or a class of livestock to be permittedto run at large within the boundaries of thelivestock district. The notice shall state thename by which the district is to be known, theboundaries thereof and shall also set forth thepenalties for violation of ORS 607.045.

2) The county clerk shall file a copy of thenotice, copies of all other published notices,

the petitions and all other data or documentsrelating to the district in the county records ina book, record or file identified as " LivestockDistricts." No other type of data or documentsshall be filed therein. The county clerk shallalso mail one certified copy of the final published notice, as provided in this section, bycertified or registered mail to the department.

Creation, withdrawal from or dissolution of adistrict shall not be effective until and unlessthe department has been so notified. [ Amended

by 1957 c.604 § 121

607.042 Voters of livestock districtnot to petition for or vote on another dis-

trict covering same class of animals; onlyone election a year on same proposal. (1)

The legal voters of a livestock district shallnot petition for or vote on a proposed livestockdistrict which includes their livestock districtwithin its boundaries, unless the petition orelection relates to a class of livestock different

from that which is not permitted to run atlarge in their district.

2) An election shall not be held for thecreation or dissolution of or withdrawal froma livestock district in the same area withinone year from the date of a prior election onthe same proposal. [ 1957 c 604 § 131

607.043 Land entirely inclosed byfederal land. The creation or dissolution of alivestock district shall not affect land entirelyinclosed by federal land, unless the inclosedland is accurately and completely described inthe petition. The legal voters residing on theinclosed land shall not vote on the creation ordissolution of such a district unless theinclosed land is accurately and completelydescribed in the petition. [1957 c 604 § 141

607.044 Civil liability for livestock atlarge in livestock district. A person shall beliable to the owner or laWul possessor of land

867

if he permits an animal of a class of livestockto run at large upon such land and the land islocated in a livestock district in which it isunlawful for such class of livestock to be permitted to run at large. [1957 c.604 § 151

607.045 Livestock at large in livestock districts. (1) No person owning or having the custody, possession or control of ananimal of a class of livestock shall permit theanimal to run at large or to be herded, pastured or to go upon the land of another in alivestock district in which it is unlawful forsuch class of livestock to be permitted to runat large.

2) This section is not intended to prohibit

a person from driving livestock along a publicroad.

3) Justice, district and circuit courts haveconcurrent jurisdiction of actions for the prosecution of violations of this section. [ Amended

by 1957 c.604 §161

607.050 [Repealed by 1957 c.604 §411

607.051 Status of districts designatedby order of State Department of Agricul- ture. The livestock districts designated bydepartment order under section 33, chapter604, Oregon Laws 1957, shall be subject in allrespects to the provisions of ORS 607.005 to607.045. [ 1957 c.604 §371

607.105 [Repealed by 1957 c.604 §411

607. 110 [Repealed by 1957 c.604 §411

607.115 [Repealed by 1957 c 604 §411

607. 120 [Repealed by 1957 c.604 §411

607. 125 [ Repealed by 1957 c.604 §411

607.130 [Repealed by 1957 c.604 §411

607.135 [Repealed by 1957 c.604 §411

607.140 [Repealed by 1957 c.604 §411

607.205 [Repealed by 1957 c 604 §411

607.210 [Repealed by 1957 c.604 §411

607.215 [Repealed by 1957 c. 604 §411

607.220 [Repealed by 1957 c 604 §411

607.225 [Repealed by 1957 c 604 §411

607.230 [Repealed by 1957 c.604 §411

607.235 [Repealed by 1957 c.604 §411

607.240 [Repealed by 1957 c.604 §141

607.245 [Repealed by 1957 c.604 §411

607.250 [Repealed by 1957 c.604 §411

607.255 [Repealed by 1957 c.604 §411

SUPERSEDED

607.261

607.260 [Repealed by 1957 e.604 §41]

MALE STOCK RUNNING ATLARGE ON OPEN RANGE

ANIMALS

607.261 Male stock running at largeon open range. ( 1) No person shall turn

upon, or allow to run upon, the open range,

any bull other than a purebred bull of a recognized beef breed. The department shall byregulation define " purebred bull of a recognized beef breed." No person shall turn upon,

or allow to run upon, the open range, anyfemale breeding cattle unless he turns withsuch female breeding cattle one purebred bullof a recognized beef breed for every 25 fe- males or fraction thereof of 10 or over.

2) No owner of any stallion or jackass, ofthe age of 18 months or more, shall permit it

to run upon the open range during the periodApril 1 to October 31 of each year. No owner

of any ram shall permit it to run at large uponthe open range during the period July 1 toOctober 31 of each year. [ 1957 c.604 § 181

TAKING UP AND SELLINGANIMALS; ESTRAYS;

INTERFERING WITH

ANIMALS

607.300 Determining adequacy of

fences. Whenever livestock has broken

through a fence on the open range and a determination of the .adequacy of the fence isnecessary in order to determine if such livestock is an estray, the department shall makethe determination of the adequacy of the fenceand shall consider, among other things, thecustoms and practices of good husbandmen in

the particular area with reference to fences. 1971 c 579 §31

607.301 [ 1953 c.367 § l; 1957 c.604 § 19; repealed by1971 c 579 §91

607.303 Owner or lessee of propertytaking up livestock unlawfully permittedto run at large; notice to owner and department. ( 1) A person who finds livestock

unlawfully being permitted to run at largeupon his premises, or premises of which he

has lawful possession or control, may take upthe livestock if the owner thereof is known tohim.

2) A person taking up livestock shallwithin five days give notice of the taking upby certified or registered mail addressed to the

owner or person having control of the livestock. The notice shall:

a) Contain a concise description of the

livestock, including marks and brands, if any. b) State that the livestock will be re-

leased to and sold by the department as anestray unless redeemed before such sale.

c) Designate the time and place of sale, as

approved by the department. The sale shall beheld not less than 30 days nor more than 45days from the date of the taking up.

3) A person taking up livestock shallwithin five days of giving the notice providedin subsection (2) of this section forward a copyof the notice to the department or give a copyof the notice to a brand inspector or other

agent of the department. [ 1957 c.604 §241

607.304 Delivery of livestock to department or owner; payment of costs to

person taking up livestock; arbitration. (1) If the owner of the livestock does not appearin response to the notice given under subsec-

tion (2) of ORS 607.303, the livestock shall bedelivered to the department, at a place designated by the department, at least 48 hours inadvance of the date of sale and shall thereaf-

ter be sold by the department in accordancewith ORS 607.328.

2) If the owner of the livestock does appear, the livestock shall be delivered to him orhis agent if he pays to the person taking upthe livestock, before the date of sale:

a) The cost of taking up the livestock;

b) The cost of giving notice;

c) The cost of keeping the livestock; and

d) The cost of repairing any damage doneby the livestock to the property of the persontaking it up.

3) The person taking up the livestock, upon delivery thereof to the owner, shallnotify the department that such action hasbeen taken.

4) If the owner is unable to agree with

the person taking up the livestock as to theamount of the costs payable to such person, such owner shall:

a) Within five days of the date he is ad- vised of the amount of such costs, give written

notice to the department and the person tak-

ing up the livestock that he disagrees with theamount of the costs, that he desires arbitra-

tion of such disagreement and that he desiresthe department to furnish him with a list of

868

SUPERSEDED


arbitrators from which he can appoint onearbitrator;

b) Within five days of the date he is furnished the list of arbitrators, give writtennotice to the department and the person tak-

ing up the livestock of the name of the personappointed by him as arbitrator from such list.

5) Upon receiving the notice of the ownerdescribed in paragraph (a) of subsection (4) ofthis section, the department shall furnish to

the owner and the person taking up the livestock the names of five arbitrators selectedfrom the list of qualified persons maintainedin accordance with subsection ( 10) of this

section. Upon receiving the notices of appointment of arbitrators, as provided in paragraph

b) of subsection (4) and subsection ( 6) of thissection, the department shall give writtennotice to each appointed arbitrator of hisappointment.

6) Within five days of the date he is furnished the list of arbitrators, the person tak-

ing up the livestock shall give written noticeto the department and to the owner of the

name of the person appointed by him as arbitrator from such list.

7) Upon receiving the notice provided insubsection ( 5) of this section, the two arbitrators shall each give the department written

notice of his acceptance of such appointment. The department shall thereafter appoint a

third arbitrator and notify all three arbitrators of such appointment. The third arbitrator

shall give the department written notice of hisacceptance of such appointment. The threearbitrators shall act as a board of arbitration

and may hear witnesses, take testimony, inspect documents, the livestock and premisesand thereafter render their decision as to theamount allowable as costs. Such decision shall

be by majority vote and conclusive as to theowner and person taking up the livestockupon receipt of the decision by the department. Written notice of such decision shall begiven to the department, the owner and the

person taking up the livestock within 30 daysof the appointment of the third arbitrator.

8) ( a) If the owner gives the notice re-

quired by paragraph ( a) of subsection ( 4) ofthis section, but does not therein indicate hisdesire to arbitrate or his desire to have a listof arbitrators furnished to him, the owner'sright to arbitration shall be deemed waivedand the livestock shall be delivered to the

department, at a place designated by thedepartment, by the person taking up the live-

stock. Thereafter the livestock shall be sold bythe department in accordance with ORS607.328.

b) If the person taking up the livestockfails to give the notice required by subsection6) of this section, such person's right to arbi-

tration shall be deemed waived and the live-

stock shall not be sold. The owner shall beentitled to the immediate possession thereof

without payment of any of the costs describedin subsection (2) of this section.

9) At any time during the arbitrationprovided for in this section, the owner of the

livestock may give written notice to the department and the person taking up the livestock of his desire to regain immediate posses-

sion and custody of such livestock. If the owner gives such notice, and at the same time

deposits with the department a cash deposit in

an amount equal to the accrued costs claimed

by the person taking up the livestock as of thedate such notice is given, the livestock shall

be released to him or his agent within 48

hours after the giving of such notice and cashdeposit. The department is authorized to paythe costs determined by the arbitrators pursuant to subsection ( 7) of this section to the

person taking up the livestock and return thebalance, if any, to the owner.

10) The department shall establish and

maintain a list of persons qualified by experience and knowledge to act as arbitrators inaccordance with subsection ( 7) of this section.

In furnishing the names of five arbitrators, asprovided in subsection ( 5) of this section, the

department shall first determine that none ofsuch persons named:

a) Is related to either the owner or person

taking up the livestock;

b) Is, or has been, an agent, employe orbusiness associate of either the owner or per-

son taking up the livestock; or

c) Has for any reason bias or prejudicetowards either the owner or person taking upthe livestock.

11) If either the owner or person takingup the livestock intentionally fails to discloseto the department that any of the five arbitrators furnished to them as provided in subsection (5) of this section does not meet the criter-

ia described in subsection ( 10) of this section,

the department shall upon determining suchintentional failure to disclose:

869

SUPERSEDED

607.308 ANIMALS

a) Declare the arbitrator disqualified and immediately preceding the giving of suchany arbitration decision previously rendered notice, but not such costs incurred prior there- void and of no effect; to. [ 1971 c.579 § 4; 1975 c.65 §41

b) Select a person from its list to replacethe disqualified arbitrator; and

c) Direct the arbitration be undertaken

with the newly appointed arbitrator as amember of the board of arbitration. [ 1957 c.604

25; 1971 c.579 §6, 1975 c.65 § 11

607.305 [ Amended by 1953 c.367 § 13, renumbered607.3441

607.306 [ 1953 c.367 §2; repealed by 1957 c.604 §411

607.308 Alternative procedure for

person taking up livestock. A person takingup livestock of a known owner, in lieu of following the procedure established by ORS607.303 and 607.304, may, within five daysafter the taking up, deliver the livestock andthe notice described in subsection ( 1) of ORS

607.313 to the department at a place designat-

ed by the department. The livestock shallthereafter be disposed of by the department inaccordance with ORS 607.321 or 607.328. [ 1957

c.604 §26; 1975 c.65 §21

607.310 [Repealed by 1953 c.367 § 131

607.311 Taking up estray prohibitedwithout giving notice. ( 1) A person who

finds an estray upon his premises or premisesof which he has lawful possession or control

may take up the estray.

2) No person shall knowingly take up orretain possession, custody or control of an

estray without giving the notice required byORS 607.313. [ 1953 c.367 § 9, 1975 c.65 § 31

607.313 Notice to department by persons taking up estrays; recovery of costs. 1) Any person taking up an estray shall,

within five days thereof, give written notice to

the department of the taking up. Such noticeshall include:

a) A statement of the description of the

livestock, including marks and brands orother identifying characteristics.

b) The date of the taking up.

c) The location of the taking up andpresent location of the livestock.

2) In the event any person gives the notice required by subsection ( 1) of this section, but fails to do so within the time allowed

therein, such person taking up an estray shallonly be entitled to recover his costs as provided in subsection ( 2) of ORS 607.304, ORS

607.332 and 607.338 incurred within five days

607.315 [Repealed by 1953 c.367 § 131

607.316 [ 1953 c.367 §3; repealed by 1971 c.579 §91

607.320 [Repealed by 1953 c.367 § 131

607.321 Investigation by departmentupon receipt of notice; procedure if de-

partment determines estray owner. (1) Thedepartment, when it receives a notice as described in ORS 607.313, shall undertake to

determine the owner of the estray from therecorded brand, marks, other identifyingcharacteristics and other relevant information

tending to establish ownership.

2) A record of such information, together

with the findings of the department support-

ing its determination of ownership, shall bemade and preserved for three years.

3) In the event the department deter-

mines the owner of the estray, it shall givewritten notice to such owner at his last -knownaddress, which shall contain the matters described in paragraph ( b) of subsection ( 4) of

ORS 607.328. If such owner does not appear

and claim the estray prior to sale, in accordance with ORS 607.332, the sale shall becarried out as provided in ORS 607.328. [ 1953

c. 367 §4; 1975 c.65 §51

607.325 [Repealed by 1953 c 367 § 131

607.326 [ 1953 c.367 §5; repealed by 1971 c.579 §91

607.328 Procedure for sale of estrays;

determining value; notice. ( 1) The depart-

ment shall cause livestock to be sold at public

sale:

a) In the event the department does not

determine the owner of an estray pursuant toORS 607.321; or

b) In the event livestock of a known owner is delivered to it pursuant to subsection ( 1) or (8) of ORS 607.304; or

c) In the event livestock of a known owner is delivered to it pursuant to ORS 607.308, and sale thereof is required because of theowner's failure to appear and claim the same

as provided in ORS 607.332.

2) Prior to the holding of any public sale, as provided in subsection ( 1) of this section,

the department shall make a determination ofthe approximate market value of the livestock, which determination shall be conclusive

as to the method of public sale to be followed.

870

SUPERSEDED


3) In the event the determination of approximate market value by the department is

50 or less for one or more head of livestock

having been taken up at the same time by aperson, the department shall:

a) Designate a time and place of public

sale, which shall be held not less than five

days nor more than 20 days after receivingthe notice of taking up.

b) Cause a notice of such public sale to be

given by posting a written or printed notice ofthe time and place of sale, a description of thelivestock and that such sale shall take place if

the livestock is not claimed by the ownerthereof prior to the sale. Said posting shall bein two public places of the county where thelivestock was taken up for not less than 48hours prior to the date of sale. If the department is satisfied that adequate notice hasbeen given an owner pursuant to subsection2) of ORS 607.303, notice need not be posted.

4) In the event the determination of approximate market value by the department ismore than $ 50 for one or more head of live-

stock having been taken up at the same timeby a person, the department shall:

a) Designate a time and place of publicsale, which shall be held not less than 30 days

nor more than 45 days after receiving thenotice of taking up.

b) Cause a notice of such public sale to bepublished in a newspaper of general circulation in the area in which the livestock was

taken up, once a week for two successiveweeks prior to the date of sale. Such noticeshall state the time and place of sale, a description of the livestock and that such saleshall take place if the livestock is not claimed

by the owner thereof prior to the sale. If thedepartment is satisfied that adequate noticehas been given an owner pursuant to subsection ( 2) of ORS 607.303, notice need not bepublished. [ 1971 c.579 §5; 1975 c.65 §61

607.330 [Repealed by 1953 c 367 § 131

607.331 [ 1953 c. 367 §6; repealed by 1957 c.604 §411

607.332 Claim by owner before sale. 1) If the owner of livestock appears and

claims it prior to sale, he shall pay to thedepartment all costs described in subsection

1) of ORS 607.337 and, except as limited bysubsection (2) of ORS 607.313, shall pay to theperson taking up the livestock all costs described in subsection (2) of ORS 607.304 whichhave accrued theretofore. Upon such payment, the livestock shall be released to the owner or

871

his agent. Except as provided in subsection (2)

of this section, if the owner fails to pay thecosts, the sale shall be carried out in accordance with ORS 607.328.

2) If the owner is unable to agree with

the person taking up the livestock as to theamount of the costs payable to such person,

such owner and person taking up shall proceed with arbitration of such disagreement as

provided by subsections ( 4) to ( 10) of ORS607.304. [ 1957 c.604 §21; 1975 c.65 §71

607.335 [Repealed by 1953 c.367 § 131

607.336 Title of purchaser at sale. Thepurchaser of livestock sold in accordance withORS 607.328 shall have clear and absolute

title to such livestock. [1953 c.367 § 8, 1975 c.65 § 81

607.337 Use of proceeds from sale. ( 1)

All costs incurred by the department in thetaking up and sale of an estray shall be paidfrom the proceeds thereof in the followingpriority:

a) Cost of publication of notice.

b) Cost of the sale.

c) Cost of transportation of the estray tothe point of sale.

d) Reasonable cost of feed and care priorto sale.

e) All other costs including the time andmileage of the employes of the department.

2) If the proceeds of the sale are inade-

quate to pay all of the costs mentioned insubsection ( 1) of this section, the department

shall pay the deficiency. 3) Subject to subsections ( 1) and ( 3) of

ORS 607.338, any balance remaining from theproceeds of sale shall be transmitted to the

department which shall deposit it in the De- partment of Agriculture Account in the Gen-

eral Find. Proceeds so deposited shall be held

in such account for a period of three years

subject to claim by the owner. 4) If the owner fails to establish his right

to the proceeds of sale within three years, all

right, title and claim thereto shall be trans-

ferred to the department to expend and use in

carrying out this chapter and ORS chapter604. Proceeds now being held by the department as the result of sale of estrays are sub-

ject to this subsection. [ 1957 c.604 § §22, 23; 1967

c. 113 § l; 1967 c 637 §211

607.338 Use of proceeds where pri-

vate person has taken up livestock. (1) If

the department sells livestock pursuant to

SUPERSEDED

607.339 ANIMALS

ORS 607.328, it shall from the proceeds of the

sale first reimburse itself for the costs de-

scribed in subsection ( 1) of ORS 607.337, and

from the balance, if any, pay to the persontaking up the livestock the costs described insubsection (2) of ORS 607.304, except as limit-

ed by ORS 607.308, subsection ( 2) of ORS607.313 and subsection (2) of this section.

2) If the department sells livestock pur-

suant to ORS 607.328 which has been delivered to it pursuant to subsection ( 1) of ORS

607.304, it shall allow to the person taking up

607.339 Liability of department.

Except for gross negligence the department

shall not be liable for the payment of the

proceeds of sale or return of custody of an

estray to a person claiming to be the trueowner of such estray. [1953 c.367 § 71

607.340 [Repealed by 1953 c.367 §131

607.341 Jurisdiction of courts. Justice

courts and district courts shall have concur-

rent jurisdiction with circuit courts of proceed-

ings brought on violations of ORS 607.303 to607.341. (1953 c.367 § 111

the livestock only his reasonable costs, andthe department's determination of the reason- 607-344 eshly branded defined

ableness thereof shall be final. However, the for ORS 607.345 to 607.360. As used in ORSdepartment may, upon written request of the

607.345 to 607.360, " freshly branded" means

person taking up the livestock, submit the any animal on which there is a brand that hasquestion of the amount of reasonable costs to not been peeled off or entirely healed. [Formerly

arbitration. In such event, the department7.3051

shall furnish to the person taking up the 607,345 Interfering with calves andlivestock the names of five arbitrators select- colts on open range; selling freshly branded from the list of qualified persons main- ed cattle or horses. No person shall: tained in accordance with subsection ( 10) of 1) Hold under herd, confine in any pas - ORS 607.304, and the person taking up the ture, building, corral or other inclosure, orlivestock shall appoint one aribtrator from picket out, hobble or tie together, or in anysuch list within five days of the date he is manner interfere with the freedom of calvesfurnished such list. The department shall or neat cattle or colts of horses, on the openthereafter appoint one arbitrator and the two range, which are less than seven months old, arbitrators shall jointly appoint a third arbi- unless such animals are accompanied by theirtrator from such list. Written notice of the mothers . appointment of such third arbitrator shall be

2) Sell or offer to sell any freshly brandedgiven by such two arbitrators to the depart- neat cattle or horses. ment and the person taking up the livestockwithin five days of the date they are furnished 607.350 Producing, on demand, thesuch list. The three arbitrators shall act as a mothers of calves or colts. The person,

board of arbitration and may hear witnesses, separating calves or colts from their motherstake testimony, inspect documents, the live- shall, upon demand of the sheriff, inspector orstock and the premises and thereafter render other officer, produce, within a reasonable

their decision as to the amount of reasonable time, the mother of each such animal, so thatcosts. Their decision shall be final. - Written the interested parties may ascertain if thenotice of such decision shall be given to the animal, so produced as the mother thereof,

department and the person taking up the does or does not claim or suckle such calf orlivestock within 30 days of the appointment of , colt.

t e t ar ltrator.

3) Any balance remaining from the proceeds of the sale after the department hasreimbursed itself and has paid the costs of the

person taking up the livestock shall be paid tothe owner of the livestock.

4) Nothing contained in this section isintended to require the department to pay thecosts of the person taking up the livestock ifthe proceeds of the sale thereof are not suffi-

cient to pay such costs. [ 1957 c 604 § 27; 1971 c.579

7, 1975 c 65 §91

607.355 Disposal of calves and colts

wrongfully held. All animals held in violation of ORS 607.345 or 607.350 shall be considered estrays. The nearest stock inspector, as soon as he has knowledge thereof, shallcause them to be disposed of as estrays under

the estray laws in force in his county or district.

607.360 Applicability of statutes regulating handling of calves and colts. ORS607.345 to 607.355 do not apply to:

872

1) The calves of milch cows where such

SUPERSEDED


cows are actually used to furnish milk for

household purposes or for carrying on a dairy.

2) Any freshly branded animal which hasbeen branded previously with an older andduly recorded brand, and for which animal theclaimant has a legally executed bill of salefrom the owner of the older brand on suchanimal.

3) Young animals under the age of 10months which are accompanied by their mothers.

4) Animals other than cattle or horses, or

the offspring thereof, which during someperiod of the year run at large upon the publicrange.

607.365 Driving domestic animals

from range. ( 1) No person, who is not the

owner of such animal, shall take or drive,

cause to be taken or driven, or assist in driv-

ing or taking away any horse, gelding, mare, foal, mule, ass, jenny, bull, cow, heifer, steer, calf, sheep, hog or any other domestic animalfrom the range or place where it is lawfullygrazing, pasturing or ranging, or in the habitof ranging, or where it has been herded orplaced by the owner thereof, for a distance ofmore than 10 miles from such place.

2) Persons violating this section shall beliable to the owner of such animal for all

damages sustained by reason of such drivingor taking away of such domestic animal.

3) All fines collected for violations of this

section shall be paid over to the county treasurer of the county in which the offense wascommitted, and used for the support of com-

mon schools within such county. [ Formerly606.210]

607.405 [ Repealed by 1957 c.604 §411

607.410 [Repealed by 1957 c.604 §411

607.415 [Repealed by 1957 c.604 §411

607.420 [Repealed by 1957 c.604 §411

607.425 [Repealed by 1957 c.604 §411

607.430 [Repealed by 1957 c.604 §411

607.435 [Repealed by 1957 c.604 §411

607.440 [Repealed by 1957 c.604 §411

607.445 [Repealed by 1957 c.604 §411

REGULATION OF STOCK ONCERTAIN HIGHWAYS

607.505 Stock running at large andgrazing on Klamath Falls -Malin Highway. 1) No person shall permit cattle, horses,

mules, sheep, goats or hogs to run at large, bepastured, staked or tethered upon the state

highway extending from the easterly boundary of the incorporated City of Klamath Fallsto the westerly boundary of the incorporatedCity of Malin.

2) As used in this section, " state high-

way" includes only those highways over whichthe Department of Transportation has control.

607.510 Stock running at large andgrazing on certain state highways. No

person shall allow cattle, horses, mules, sheep, goats, swine or other livestock of any kind, torun at large, be pastured, staked or tethered

upon the following state highways:

1) That part of the Oregon Coast High-

way, State Highway No. 9, extending from thenorth boundary of Tillamook County to thesouth boundary of Lane County.

2) That part of the Alsea Highway, StateHighway No. 27, from its junction with theCorvallis- Newport Highway in Benton Countyto Waldport in Lincoln County.

3) That part of the Corvallis- Newport

Highway, State Highway No. 33, from Corval- lis in Benton County to Newport in LincolnCounty.

4) That part of the Salmon River High- way, State Highway No. 39, from Valley Junc- tion in Polk County to a connection with theOregon Coast Highway at or near Otis inLincoln County.

5) That part of the Wilson River High-

way, State Highway No. 37, from the eastboundary of Tillamook County to the intersec- tion of the Wilson River Highway with theOregon Coast Highway, which is State High- way NO. 9. [ Amended by 1971 c.579 §8; 1977 c. 176 § 11

607.515 Stock at large or grazing onhighway from Canyonville to UmpquaNational Forest. No person shall permit anycattle, horses, mules, sheep, goats, hogs orother livestock, to run at large, be pastured,

staked or tethered upon the state highwayextending from the easterly boundary of theincorporated City of Canyonville easterly tothe west boundary of the Umpqua NationalForest.

873

SUPERSEDED

607.520

607.520 Stock running at large onhighways in Washington County. No person, either as owner or in possession or control

of any horses, mules, cattle, swine, sheep orgoats shall permit them to run at large on anyhighway or public road in Washington Coun- ty.

607.525 [ Repealed by 1957 c.604 §411

607.527 Stock herded or grazed on

interstate and defense highways. ( 1) Not-

withstanding ORS 166.610, 366.460, 366.465, 374.340 and subsection ( 2) of 607.045 and

notwithstanding the existence of an openrange area, except as provided by subsection2) of this section, no person, except in case of

emergency, shall drive, herd, pasture, graze, range, tether or stake any livestock, as defined by ORS 607.005, within the boundariesof the right of way for a state highway that ispart of the national system of interstate anddefense highways, to wit: Interstate 5, Inter- state 80 N, or Interstate 82. This section is not

intended to prohibit the hauling of livestock, in vehicles, on a highway or the use of structures or undercrossings, constructed and approved as provided by law, as stock ways, norto abrogate a duty provided under ORS607.303 to 607.341.

2) Upon application by an owner or person in charge of livestock, the State HighwayEngineer or his duly authorized local representative may issue written permits, on suchterms as he finds proper, authorizing theowner or person in charge of livestock to herd

or drive the livestock on a single trip across orwithin the boundaries of a right of way for ahighway as described in subsection ( 1) of thissection. [ 1963 c.350 § 11

607.530 [ Amended by 1955 c.275 § l; repealed by1957 c. 604 §411

607.535 [Repealed by 1957 c.604 §411

607.540 [Repealed by 1957 c 604 §411

607.545 [ Repealed by 1957 c.604 §411

607.550 [Repealed by 1957 c.604 §411

607.555 [Repealed by 1957 c.604 §411

607.560 [Repealed by 1957 c.604 §411

607.565 [Repealed by 1957 c.604 §411

607.570 [Repealed by 1957 c.604 §411

607.575 [Repealed by 1957 c.604 §411

607.605 [Repealed by 1957 c.604 §411

607.610 [Repealed by 1957 c.604 §411

607.615 [Repealed by 1957 c.604 §411

607.620 [Repealed by 1957 c.604 §411

607.625 [Repealed by 1957 c.604 §411

607.630 [Repealed by 1957 c.604 §411

607.635 [Repealed by 1957 c.604 §411

607.640 [Repealed by 1957 c.604 §411

607.645 [Repealed by 1957 c.604 §411

607.650 [Repealed by 1957 c.604 §411

607.655 [Repealed by 1957 c.604 §411

PENALTIES

607.990 [ Amended by 1953 c.367 § 13; subsection (2) of 1963 Replacement Part enacted as 1957 c.604 § 39; subsection ( 3) of 1963 Replacement Part enacted as 1953

c.367 § 10; subsection ( 5) of 1963 Replacement Part

formerly 606.990; subsection ( 10) of 1963 ReplacementPart enacted as 1963 c.350 §2; repealed by 1967 c. 113 § 2607.992 enacted in lieu of 607.990)]

607.992 Penalties. Violation of anyprovision of this chapter is a misdemeanor.

1967 c. 113 §3 (enacted in lieu of 607.990)]

CER'T' IFICATE OF LEGISLATIVE COUNSEL

Pursuant to ORS 173.170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter arecorrect copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and otherchanges specifically authorized by law. Done at Salem, Oregon, Thomas G. Clifford


874

SUPERSEDED

Chapter 608


Fences to Prevent Damage by or to Animals

CIVIL LIABILITY

608.015 Civil liability for animals trespassing onadequately fenced land situated on openrange

FENCES AND CROSSINGS ON RAILROAD RIGHTOF WAY; RAILROAD'S LIABILITY

608.310 Erecting and maintaining fences, crossings, gates and cattle guards

608.320 Railroad refusing or failing to maintainfences, gates and guards

608.330 Leaving gate open608.340 Liability of railroad for killing or injuring

stock

608.350 Fences sufficient to relieve railroad ofliability

608.360 When railroad's negligence is presumed;

contributory negligence and wilful intentas defense

608.370 Service of process on agent

608.380 Notice of stock injured or killed

608.390 Notifying brand inspector608.400 Inspection of injured livestock and notice

to owner

FENCING AGAINST HOGS

608.510 Fencing against hogs

608.990 Penalties

CROSS REFERENCES

PENALTIES

Fencing land taken by condemnation for forest product 608.310ways, 376.530 Exemption for mass transit system, 267.245

Line and partition fences, Ch. 96

Stock running at large, Ch. 607

875

SUPERSEDED

FA No

876

SUPERSEDED

FENCES TO PREVENT DAMAGE BY OR TO ANIMALS 608.320

CIVIL LIABILITY

608.010 [Repealed by 1957 c.476 §41

608.015 Civil liability for animals

trespassing on adequately fenced landsituated on open range. ( 1) As used in thissection, " open range" means an area wherein

livestock may lawfully be permitted to run atlarge.

2) A person who permits a horse, mule, ass, sheep, goat or animal of the bovine species to trespass on land inclosed by an adequate fence and situated on open range shallbe liable to the owner or lawful possessor of

the inclosed land for damage done by theanimal. The person seeking to recover thedamages shall plead and prove that his fenceconsisted of structures, masonry, hedges,

ditches, rails, poles, planks, rivers, streams, ponds, lakes, wire fences, natural or artificial

barriers of any kind or any combination thereof. The adequacy of the fence shall be determined by reference to the customs and practices of good husbandmen in the particulararea with reference to fences. The question of

the existence of the fence and the adequacythereof are questions of fact.

3) Nothing contained in subsection ( 2) ofthis section is intended to modify the provisions of ORS 608.310 to 608.400. [ 1957 c.476

W, 21

608.020 [Repealed by 1957 c 476 §41

608.030 [Repealed by 1957 c.476 §41

608.040 [Repealed by 1957 c.476 §41

608.050 [Repealed by 1957 c.476 §41

608.060 [Repealed by 1957 c 476 §41

608.070 [Repealed by 1957 c.476 §41

608.080 [Repealed by 1957 c.476 §41

608.210 [Repealed by 1957 c.476 §41

608.220 [Repealed by 1957 c.476 §41

608.230 [Repealed by 1957 c.476 §41

608.240 [Repealed by 1957 c.476 §41

605.250 [Repealed by 1957 c.476 §41

608.260 [Repealed by 1957 c.476 §41

608.270 [Repealed by 1957 c.476 §41

FENCES AND CROSSINGS ONRAILROAD RIGHT OF WAY;

RAILROAD'S LIABILITY

608.310 Erecting and maintainingfences, crossings, gates and cattle guards.

1) Every person, or his lessee or agent, owning or operating any railroad, shall erect andmaintain good and sufficient lawful fences on

both sides of his railroad line, except at thecrossings of and upon public roads and high-

ways, within such portions of cities as are or

may be laid out and platted in lots and blocksand at railroad station grounds. Such person

shall also at the same time erect and maintain

necessary farm crossings and gates and sufficient cattle guards at all public crossings.

2) Railroad lines shall be so fenced andfarm crossings, gates and cattle guards installed, within three months from the timesuch lines are put in operation. However, the

Public Utility Commissioner, upon complaintor upon his own motion in the manner provid-

ed by ORS 756.500 to 756.610, may prescribethe number, location and character of farm

crossings which may be necessary and themanner in which they shall be constructed sothat they are reasonably adequate, safe, sufficient and convenient, but not so as to impair

the terms of any contract between the landowner and the railroad or decree in condemnation relative to such crossings.

3) Upon complaint or upon his own mo-

tion and after hearing, as provided in ORS756.500 to 756.610, the Public Utility Com- missioner may, by order, determine and prescribe any other description of fence than thatdesignated as a lawful fence, which shall be

constructed and maintained by any such railroad company between the points which aredesignated in such order, and may provide forthe apportionment of the costs of reconstruc-

tion necessitated thereby as between the parties interested.

4) The Public Utility Commissioner, forgood cause shown, upon complaint, or upon his

own motion, and after notice and hearing asprovided in ORS 756.500 to 756.610, maysuspend the operation of this section as to anyparticular portion of any line of railroad. Amended by 1971 c.655 §2481

608.320 Railroad refusing or failingto maintain fences, gates and guards. ( 1)

Any person shall forfeit and pay into the StateTreasury the sum of $ 100 for each mile offence on either side of a railroad, or for each

farm crossing, gate or cattle guard which hefails, neglects or refuses to erect and maintainin violation of ORS 608.310. This shall be

877

SUPERSEDED

608.330

recovered as other penalties are recovered and

paid into the State Treasury.

2) If a person neglects or refuses to com-

ply with ORS 608.310 to 608.330, the Attor- ney General, prosecuting attorney of the proper county or Public Utility Commissionermay, by mandamus, compel compliance withsuch sections.

3) The provisions of ORS 608.310 to

608.330 are cumulative to existing remedies.

608.330 Leaving gate open. ( 1) No

person shall intentionally or negligently leaveopen or unfastened any farm crossing gate, orlet down and leave down any bars of anyrailroad fence.

2) Justices of the peace have original

jurisdiction for violations of this section.

608.340 Liability of railroad for killing or injuring stock. Any person, or hislessee or agent, owning or operating any railroad, is liable for the value of any horses, mules, colts, cows, bulls, calves, hogs or sheepkilled, and for reasonable damages for anyinjury to any such livestock upon or near anyunfenced track of any railroad in this state, whenever the killing or injury is caused byany moving train, engine or cars upon suchtrack. '

608.350 Fences sufficient to relieve

railroad of liability. No railroad track shallbe deemed to be fenced within the meaning ofORS 608.340 unless it is guarded by suchfence against the entrance thereon of anylivestock on either side of the track, and not

more than 100 feet from the track. Whatever

is a lawful fence in the county where thekilling or injury occurs, and no other, shall bedeemed a lawful fence under ORS 608.340.

However, complete natural defenses against

the entrance of stock upon the track, such as

natural walls or deep ditches, shall be deemedto be a fence under such section, when it, in

connection with other and ordinary lawfulfences, forms a continuous guard and defense

against the entrance of such livestock uponthe track.

608.360 When railroad's negligence ispresumed; contributory negligence and

wilful intent as defense. In every action forthe recovery of the value of any livestockkilled, or for damages for injury to any livestock, under ORS 608.340, proof of such kill-

ing or injury shall of itself be deemed conclusive evidence in any court of this state of

negligence upon the part of the person, or his

lessees or agents, owning or operating suchrailroad. Contributory negligence on the partof the plaintiff in such action may be set up asa defense, but allowing stock to run at largeupon common unfenced range or upon inclosed

land owned or in possession of the owner of

such stock shall not be deemed contributorynegligence. In any such action, proof of wilfulintent on the part of the plaintiff to procure

the killing or injury of such stock shall defeatthe recovery of any damages for such killingor injury.

608.370 Service of process on agent.

In any action authorized by ORS 608.340, service of summons or any other necessary

process may be made upon any person, or hislessees or agents, owning or operating anyrailroad, by personal service upon any authorized agent thereof, residing or stationed in thecounty where such action is brought.

608.380 Notice of stock injured or

killed. Whenever any livestock mentioned inORS 608.340 is killed or injured by a movingtrain or engine upon the unfenced railroad

track of any railroad in this state, the owner, operator, lessee or his agent of the railroad

shall immediately notify or cause notice to begiven to the sheriff of the county where theaccident occurred, and within a reasonable

time shall deliver to the sheriff a writtendescription of the livestock so killed or in-

jured, including brands, earmarks and anymarks of ownership, and a statement of thecondition of or extent and nature of injuries tothe livestock.

608.390 Notifying brand inspector.

Upon receipt of the information mentioned in

ORS 608.380, the sheriff shall immediatelynotify the nearest brand inspector and deliverthe written statement to him.

608.400 Inspection of injured livestock and notice to owner. When notified of

the killing or injury of livestock under thecircumstances described in ORS 608.380, the

brand inspector or sheriff shall go to the scene

of the accident, examine any identifyingmarks and, if the ownership of the livestock isdetermined, notify the owner. If the ownerremains unknown, the sheriff shall cause

publication in a county newspaper of a description of the livestock and the facts of the

accident.

878

SUPERSEDED

FENCES TO PREVENT DAMAGE BY OR TO ANIMALS 608.990

FENCING AGAINST HOGS

608.510 Fencing against hogs. The

owner or occupant of premises is not requiredto fence against hogs. No owner or person

entitled to the possession of a hog shall permitit to run at large or upon the property of another person.

608.520 [Repealed by 1957 c.476 §41

605.530 [Repealed by 1957 c.476 §41

608.540 [ Repealed by 1957 c.476 §41

PENALTIES

608.990 Penalties. (1) Violation of ORS

608.330 is punishable, upon conviction, by afine not exceeding $ 50 or by imprisonment inthe county jail not exceeding 10 days, or both.

2) Violation of ORS 608.380 is punish-

able, upon conviction, by a fine not exceeding500.


able, upon conviction, by a fine of not _morethan $25. [ Amended by 1957 c.476 §31


Pursuant to ORS 173. 170, I, Robert W. Lundy, Legislative Counsel, do hereby certify that I have compared each sectionprinted in this chapter with the original section in the enrolled bill, and that the sections in this chapter are correctcopies of the enrolled sections, with the exception of the changes in form permitted by ORS 173 160 and other changesspecifically authorized by law. Done at Salem, Oregon, Robert W. LundyDecember 1, 1971. Legislative Counsel

879

SUPERSEDED

ANIMALS

880

SUPERSEDED

Chapter 609


Animal Control

609. 110 Dog License Fund609. 140 Right of action by owner of damaged

DOGS

609.010 Definitions for ORS 609.040 to 609.110 and609.140 to 609.190

609.015 Application of ORS 609.010 to 609.190

609.020 Dogs as personal property609.030 Establishing dog control district; appoint-

ment, duties and powers of supervisors

609. 160

of dog control district; county governingbody may act as supervisors of dog con-

609. 170

trol district; dog control officer609.040 Election to determine whether dogs shall

609. 190

run at large

609.060 Notice of election result; dogs running atlarge prohibited; deposit of fees andfines

609.090 Impounding certain dogs; disposing ofdogs; fees for impoundment; release of

dog to owner or other person609.092 Owner may forfeit bail where dog is public

nuisance

609.095 When dog is public nuisance; public nuisance prohibited; complaint

609.097 Exception to dog as public nuisance609.100 Dog licenses, tags and fees609.105 Exemption for guide dogs for the deaf

609. 110 Dog License Fund609. 140 Right of action by owner of damaged

WILD ANMALS

609. 205 Prohibitions against keeping of wild orexotic animals

609. 990 Penalties

CROSS REFERENCES

PENALTIES

Animals, cruelty, 167. 850 Pets in trailer parks, 446 115

County and municipal financial administration, Ch. 294 Rabies control, 433. 340 to 433. 390

881

livestock

609.150 Right to kill dog that kills or injures livestock

609.155 Impounding dog that kills or injureslivestock; testing dog; killing dog; release

609.157 Disputable presumption that dog kills orinjures livestock

609. 160 Keeping dog with knowledge that it hasinjured livestock

609. 170 Claim by owner of livestock609. 180 Hearing and payment of claims

609. 190 Subrogation of county paying claim; collection by district attorney

WILD ANMALS

609. 205 Prohibitions against keeping of wild orexotic animals

609. 990 Penalties

CROSS REFERENCES

PENALTIES

Animals, cruelty, 167. 850 Pets in trailer parks, 446 115

County and municipal financial administration, Ch. 294 Rabies control, 433. 340 to 433. 390

881

SUPERSEDED

882

SUPERSEDED

ANIMAL CONTROL

DOGS

609.010 Definitions for ORS 609.040 to609.110 and 609.140 to 609.190. ( 1) As used

in ORS 609.140 to 609. 190, " livestock" means

horses, mules, jackasses, cattle, sheep, goats, swine, domesticated fowl and any fur - bearinganimal bred and maintained commercially orotherwise, within pens, cages and hutches.

2) As used in ORS 609.040 to 609.110,

any dog shall be considered " running at large" when it is off or outside of the premises be-

longing to the owner or keeper of such dog, ornot in company of and under the control of itsowner or keeper. [ Amended by 1959 c.618 § 1; 1967c.495 § l; 1975 c.749 §21

609.015 Application of ORS 609.010 to609.190. ( 1) ORS 609.010 to 609.190 apply inevery county except as otherwise provided bycounty charter or ordinance. The provisions ofORS 609.010 to 609. 190 shall not be construedto limit the powers of cities and counties to

adopt ordinances and regulations, relating tothe control of dogs.

2) A county dog licensing and controlprogram shall not apply within the limits of acity which has its own dog licensing and control program. [ 1967 c.496 § 3; 1977 c.237 § l; subsec-

tion (2) enacted as 1977 c.802 §21

609.020 Dogs as personal property. Dogs are hereby declared to be personal property.

609.030 Establishing dog control

district; appointment, duties and powers

of supervisors of dog control district, county governing body may act as supervisors of dog control district; dog controlofficer. (1) The governing body of any countymay declare the county a dog control district.

2) Upon declaration of the dog controldistrict the county governing body may appoint a board of supervisors, and provide forthe terms, compensation and other aspects of

service by board members, at least two ofwhom shall be connected directly or indirectlywith the livestock industry.

3) The board may issue licenses and enforce all of the county and state laws relatingto the control of dogs within the county, including that of making arrests and shall perform such other duties as the county governing body may assign to it.

4) The county governing body may electto act as the board of supervisors of the dogcontrol district.

1r ,

5) The county governing body may provide for appointment of a dog control officerand otherwise provide for administration and

enforcement of a dog control program. Amended by 1957 c.79 § l; 1963 c.398 § l; 1975 c.297 § 1;

1977 c. 189 §91

609.040 Election to determine whether dogs shall run at large. ( 1) When the

petition of 100 or more legal voters of anycounty is filed with the county clerk 45 daysbefore the general or special election in anyyear, the county clerk shall cause notice to begiven that at the election a vote will be taken

for and against permitting dogs to run atlarge in the county.

2) On the petition of 15 or more legal

voters of an election precinct in any countybeing filed with the county clerk 45 daysbefore the general or special election in anyyear, the county clerk shall cause notice to begiven that at the election a vote will be taken

for and against permitting dogs to run atlarge in that precinct.

3) On the petition of 20 or more legal

voters of any incorporated city or precinctbeing filed with the county clerk before thetime of giving notice of the general or specialelection in any year, the county clerk shallcause notice to be given that at the election a

vote will be taken for and against permittingdogs to run at large in the city.

4) The provisions of this section shall not

apply to areas in the county inside a city thathas an established dog licensing program. Amended by 1977 c.802 §41

609.050 [ Amended by 1967 c.496 § l; repealed by1977 c.802 § 151

609.060 Notice of election result; dogs

running at large prohibited; deposit offees and fines. (1) If a majority of all votescast in the election provided for by ORS609.040 is against permitting dogs to run atlarge, or if the governing body of the countyby ordinance prohibits dogs from running atlarge, the county shall give notice, by publication in some newspaper having a generalcirculation in the county, and in the electionprecinct if the prohibition of dogs running atlarge affects any one precinct only, for threeconsecutive weeks.

2) ( a) As used in this section, " running at

large" does not include (A) use of a dog underthe supervision of a person in order to legallyhunt, chase or tree wildlife; (B) use to control

883

SUPERSEDED

609.090

or protect livestock; or (C) use in other relatedagricultural activities.

b) After 60 days from the date of the

notice, every person owning a dog shall keepthe dog from running at large in any county, city or precinct where prohibited. Any personwho is the owner or who has the control or

possession of a dog and who has knowledgethat the dog is or has been running at large isguilty of a violation of this subsection if henegligently permits or causes the dog to thereafter run at large in the county, city or precinct.

3) County license fees and the penalty forviolation of subsection ( 2) of this section or

ORS 609.100, when collected, shall be paid

into the county treasury, and kept in a specialfund. [ Amended by 1965 c.499 § l; 1977 c.802 §51

609.070 [Repealed by 1969 c.677 §51

609.080 [ Amended by 1959 c.618 § 2, repealed by1967 c.495 §41

609.090 Impounding certain dogs;

disposing of dogs; fees for impoundment; release of dog to owner or other person.

1) When any dog is found running at large inany county, precinct or city, which is subjectto ORS 609.010 to 609. 190 or when a dog is apublic nuisance described by ORS 609.095 or609.150, every chief of police, constable, sheriff or deputy of either, or other police or dogcontrol officer shall impound it or cite the

owner or keeper to court or do both.

2) All dogs taken up and impoundedunder this section and ORS 609.030 shall be

held in an adequate and sanitary pound to beprovided by the county governing body fromthe general fund or out of funds obtained from

dog licenses and from the redemption of dogsso impounded. However, in lieu of the estab-

lishment of a dog pound, the county governingbody may contract for the care of the dogs. Unless claimed by the owner, a dog shall beimpounded for at least three days if the dog iswithout a license or identification tag and forat least five days if it has a license or identifi-

cation tag. A reasonable effort shall be madeto notify the owner of a dog before the dog isremoved from impoundment. Unless the coun-

ty governing body provides otherwise, if theowner appears and redeems the dog, he shallpay a sum of not less than $ 10 for the firstimpoundment and not less than $20 for each

subsequent impoundment and also pay theexpense of keeping the dog during the time itwas impounded. If the dog is unlicensed theowner shall also purchase a license and pay

the applicable penalty for failure to have alicense. If no owner appears to redeem a dogwithin the allotted time, or if the dog has beenimpounded as a public nuisance for killing orinjuring a person, it shall be killed in a humane manner. If in the opinion of the dogcontrol board or county governing body thedog is not dangerous and can be safely kept, the board or governing body may release thedog to a responsible person upon receivingassurance that the person will properly care

for the dog and not allow it to become a nuisance, and upon payment of a sum established

by the county governing body plus cost of keepduring its impounding, and purchase of alicense if required. The person shall thereafter

be liable as owner of the dog as provided bythis chapter.

3) Notwithstanding the provisions ofsubsection ( 2) of this section, any dog impounded for biting a person shall be held fornot less than 10 days before redemption or

destruction to determine if the dog is rabid.

4) A board or county governing body mayprovide for lesser fees or fines under thissection for certain senior citizens under cer-

tain circumstances. [ Amended by 1953 c.571 § 2; 1957 c.79 § 2; 1963 c 237 § 1, 1963 c.585 § 1; 1967 c.495 § 2;

1969 c 677 §4; 1973 c.655 §3, 1975 c.499 § 1; 1977 c.802 §61

609.092 Owner may forfeit bail wheredog is public nuisance. A citation issued forviolation of subsection ( 2) of ORS 609.095shall give the person cited the option of forfeiture of bail in lieu of appearance in court. 1977 c.802 § 14]

Note: 609.092 was enacted into law by the Legisla- tive Assembly but was not added to or made a part ofORS chapter 609 or any series therein by legislativeaction. See the Preface to Oregon Revised Statutes forfurther explanation

609.095 When dog is public nuisance; public nuisance prohibited; complaint. (1)

A dog is a public nuisance if it: a) Bites a person;

b) Chases vehicles or persons;

c) Damages or destroys property of persons other than the owner of the dog;

d) Scatters garbage;

e) Trespasses on private property of persons other than the owner of the dog;

f) Disturbs any person by frequent orprolonged noises; or

g) Is a female in heat and running atlarge.

884

SUPERSEDED

ANIMAL CONTROL

2) The owner or keeper of a dog in a county subject to ORS 609.010 to 609.190 shall notallow his dog to be a public nuisance undersubsection ( 1) of this section.

3) Any person who has cause to believe adog is being maintained as a public nuisancemay complain, either orally or in writing, tothe county. The complaint shall be consideredsufficient cause for the county to investigatethe matter and determine if the owner or

keeper of the dog is in violation of subsection2) of this section. [ 1973 c.655 § 2; 1977 c.802 § 71

609.097 Exception to dog as publicnuisance. A dog shall not be considered apublic nuisance under ORS 609.095 or de-

stroyed under ORS 609.090 if he bites a per-

son wrongfully assaulting the dog or the dog'sowner or if he bites a person trespassing uponpremises occupied by the dog's owner afterbeing provoked by that person. [1975 c.499 §41

Note: 609.097 was enacted into law by the Legisla- tive Assembly and was added to and made a part of609.010 to 609.190 but not to 609.040 to 609.130 bylegislative action. See the Preface to Oregon RevisedStatutes for further explanation.

609.100 Dog licenses, tags and fees. 1) In a county having a dog control program

under this chapter, every person owning orkeeping any dog which has a set of permanentcanine teeth or is six months old, whichever

comes first, shall, not later than March 1 ofeach year or within 30 days after he becomes

owner or keeper of the dog, procure from thecounty in which he resides, a license for thedog by paying to the county a license fee provided, however, that the county governingbody may provide for dates other than March1 for annual payment of fees. The fee for the

license shall be determined by the countygoverning body in such amount as it findsnecessary to carry out ORS 609.040 to609. 130. A license fee shall not be less than $9

for each dog, except that the fee shall not beless than $ 3 for each spayed female or neu-

tered male dog for which a veterinarian'scertificate of operation for the spaying orneutering of the dog is presented to the county. If the person fails to procure a licensewithin the time provided by this section, thecounty governing body may prescribe a penalty in an additional sum to be set by the governing body.

2) The county shall, at the time of issuinga license, supply the licensee, without charge, with a suitable identification tag, which shallbe fastened by the licensee to a collar and kept

609.140

on the dog at all times when not in the immediate possession of the licensee.

3) The license fees in subsection ( 1) of

this section do not apply to dogs that are keptprimarily in kennels and are not permitted torun at large. The county governing body mayestablish a separate license for dogs that are

kept primarily in kennels when the dogs ceaseto be taxed as inventory under ORS 310.608, the fee for which shall not exceed $5 per dog.

4) No license fee shall be required to be

paid for any dog owned by a blind person whouses it as a guide. A license shall be issued for

such dog upon filing with the county an affidavit by the blind person showing such dog tocome within this exemption.

5) The county shall keep a record of doglicenses. [ Amended by 1953 c.27 § 2; 1959 c.374 § l; 1969 c.677 § 1; 1973 c.655 § 4; 1977 c. 189 § 10; 1977 c.802

81

609.105 Exemption for guide dogs for

the deaf. Notwithstanding ORS 609.015 or609. 100, a county or city shall not charge a feeto license a dog owned and used as a guide bya deaf person. [1979 c.366 § 11


609.110 Dog License Fund. All fundsderived under ORS 433.340 to 433.385 and609.040 to 609.130 shall be turned over to the

county treasurer, who shall keep them in afund to be known as the Dog License Fund, tobe expended as provided for by law. At the endof a fiscal year any amount of money in thefund determined by the county governingbody to be in excess of the requirements of theDog License Fund may be placed in the general fund of the county. [Amended by 1963 c.309 R; 1969 c.677 §2; 1973 c.655 §5; 1977 c. 189 §111

609.120 [ Amended by 1969 c.677 § 3; repealed by1977 c.802 § 151

609.130 [ Repealed by 1977 c.802 § 151

609.140 Right of action by owner ofdamaged livestock. ( 1) The owner of anylivestock which has been damaged by beinginjured, chased, wounded or killed by any dogshall have a cause of action against the owner

of such dog for the damages resulting therefrom, including double the value of any livestock killed and double the amount of anydamage to the livestock.

885

SUPERSEDED

609.150

2) If one or more of several dogs owned bydifferent persons participate in damaging anylivestock, the owners of the respective dogs

shall be jointly and severally liable under thissection. The owners of dogs jointly or severally liable under this section have a right ofcontribution among themselves. The right

exists only in favor of an owner who has paidmore than his pro rata share, determined bydividing the total damage by the number ofdogs involved, of the common liability, and histotal recovery is limited to the amount paid byhim in excess of his pro rata share.

3) An action brought under this section

may be tried as an action at law in any courtof competent jurisdiction.


a) " Owner" means the head of the familyof the home where the dog is cared for at thetime of the damage.

b) "Head of the family" means any personwho has charge or manages the affairs of a

collective body of persons residing together, the relations between whom are of a perma-

nent and domestic character. [ Amended by 1973c.655 §7; 1975 c 749 §11

609.150 Right to kill dog that kills orinjures livestock. ( 1) Except as provided in

subsection (3) of this section, any dog, whetherlicensed or not, which, while off the premises

owned or under control of its owner, kills,

wounds, or injures any livestock not belongingto the master of such dog, is a public nuisanceand may be killed immediately by any person. However, nothing in this section applies toany dog acting under the direction of its master, or the agents or employes of such master.

2) If any dog, not under the control of itsowner or keeper, is found chasing or feedingupon the warm carcass of livestock not the

property of such owner or keeper it shall bedeemed, prima facie, as engaged in killing, wounding or injuring livestock.

3) No person shall kill any dog for killing, wounding, injuring or chasing chickens upona public place, highway or within the corporate limits Of any city. [ Amended by 1975 c 749 §61

609.155 Impounding dog that kills orinjures livestock; testing dog; killing dog; release. ( 1) In a county with a dog controlprogram, upon finding a dog engaged in killing, wounding, injuring or chasing livestockor upon receipt from a complainant of evi-

dence that a dog has been so engaged, the dog

control officer or other law enforcement offi-

cer shall impound the dog.

2) If there is reason to believe that rea-

sonable testing of a dog impounded pursuantto subsection ( 1) of this section, including butnot limited to a fecal examination or examina-

tion of the teeth of the dog, will provide substantial further evidence as to whether the

dog has been engaged in killing, wounding, injuring or chasing livestock, the county governing body shall provide for the administration of the tests by a licensed veterinarian.

3) ( a) After completion of such tests as

are administered pursuant to subsection (2) of

this section, the county governing body shalldetermine whether the dog has been engagedin killing, wounding, injuring or chasinglivestock. If the county governing body determines that the dog has been so engaged, thedog shall be killed in a humane manner andcosts of keeping and testing of the dog duringthe impoundment shall be paid by the ownerof the dog. If the county governing body determines that the dog has not been so engaged, the dog shall be released to its owner and, ifthe dog had been impounded upon receipt ofevidence from a complainant, the complainant

shall pay the costs of keeping and testing ofthe dog during the impoundment.

b) Notwithstanding ORS 609.090, a dogimpounded pursuant to subsection ( 1) of thissection shall not be released until a determi-

nation is made by the county governing bodypursuant to this subsection. [ 1975 c. 749 § 4; 1977

c.802 §9l

609.157 Disputable presumption that

dog kills or injures livestock. A disputablepresumption shall arise that a dog has beenengaged in killing, wounding, injuring orchasing livestock within the meaning of ORS609. 140 and 609.155 if:

1) The dog is found chasing livestock notthe property of the owner of the dog in an areawhere freshly damaged livestock are found;

2) The dog is found feeding upon a warmcarcass of a livestock animal;

3) An examination of the dog's fecesindicates ingestion of portions of the anatomy

or covering of the anatomy of livestock by thedog; or

4) Portions of the anatomy or covering ofthe anatomy of livestock is found on the teethof the dog, unless the dog is regularly used forthe purpose of herding sheep. [ 1975 c.749 §51

886

SUPERSEDED

ANIMAL CONTROL

609.160 Keeping dog with knowledgethat it has injured livestock. (1) No person

shall own, harbor or keep any dog with knowledge that it has killed or wounded any livestock or, with knowledge that, while off thepremises owned or under the control of its

owner and while not acting under the direction of its master or the agents or employes of

such master, it has killed or seriously injuredany person.

2) However, no person shall be liable for

harboring or keeping such dog, with knowledge that it has killed or wounded chickens,

unless the owner fails to pay full damages forthe chickens killed or wounded within threedays after receipt of a demand for such damages from the owner. [ Amended by 1975 c.499 §2]

609.170 Claim by owner of livestock. In a county with a dog control program theowner of any livestock killed, wounded,

chased or injured by any dog may, within 10days after the killing, wounding, chasing orinjuring occurred, or became known to him, present to the dog control board or countygoverning body a verified statement containing a full account of the incident, stating indetail the amount of damage claimed on account thereof, and the name and address of

the owner or keeper of the dog, if known. Theclaim shall be supported by the affidavit of atleast one disinterested person as to all materi-

al facts contained in it. [Amended by 1953 c.640 §2; 1975 c.749 §7; 1977 c.802 § 101

609.180 Hearing and payment of

claims. All claims presented as provided byORS 609.170 shall be heard at the first regu-

lar session of the dog control board or countygoverning body after their presentation, or assoon thereafter as may be practicable. If theboard or governing body determines that anylivestock has been damaged by being injured, chased, wounded or killed, it shall file and

enter a record of the value of the livestock and

order a warrant drawn for the amount of

damages thus found, or any portion thereofthat it considers just, to be paid by the countytreasurer out of the dog fund. If it considersthe claim unjust, it shall disallow it and enter

that fact upon its record. No claim shall be

allowed where it appears that the injury or

609.990

damage complained of was caused by a dogowned or controlled by the claimant or hisagent. [Amended by 1975 c. 749 § 8; 1977 c.802 § 111

609.190 Subrogation of county payingclaim; collection by district attorney. Ineach case where a claim against the dog fundof any county has been paid by the dog controlboard or county governing body, the countyshall be subrogated to all the rights of theowner of the livestock killed, wounded, chased

or injured against the owner of the dog fordamages. The district attorney shall proceedpromptly, in a lawful way, to collect it. Anymoney so collected shall be paid over immediately to the treasurer of the county and credit- ed to the dog fund. [Amended by 1975 c.749 §9; 1977c.802 § 12]

609.205 Prohibitions against keepingof wild or exotic animals. Subject to the

provisions of ORS chapters 496, 497 and 498

relating to wildlife, no person shall keep incaptivity any wild animal unless the keepingis authorized by county or city ordinance. Acity or county may prohibit by ordinance thekeeping of exotic animals. [1977 c.802 § 31

609.310 [ 1963 c.217 § l; repealed by 1977 c.802 § 151

609.320 [ 1963 c 217 §2; repealed by 1977 c.802 § 151

609.330 [ 1963 c.217 §3; repealed by 1977 c.802 §151

609.340 [ 1963 c.217 §4; repealed by 1977 c.802 § 151

609.350 [ 1963 c.217 §5; repealed by 1977 c.802 §151

PENALTIES

609.990 Penalties. ( 1) Violation of ORS

609.060, 609. 100 or 609.160 is punishable by afine of not more than $250.

2) Violation of subsection ( 2) of ORS

609.095 is punishable by a fine of not morethan $ 25 for the first violation, or not morethan $ 50 for each additional violation occur-

ring within six months of the first violation. In addition to any fines, if a dog has beenrepeatedly found to be a public nuisance under ORS 609.095, the court may order suchdisposition of the dog as the court considersnecessary for the safety or health of the public. [ Amended by 1963 c.237 § 2; 1965 c.499 § 2; 1967

c.495 §3; 1973 c.655 §6; 1977 c.802 § 131

887

SUPERSEDED


Pursuant to ORS 173 170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter arecorrect copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173 160 and otherchanges specifically authorized by Iaw. Done at Salem, Oregon, Thomas G. Clifford


888

SUPERSEDED

Chapter 610


Predatory Animals

EXTERMINATION OF NOXIOUS RODENTS ANDPREDATORY ANIMALS

610. 105 Authority to control noxious rodents or

GENERAL PROVISIONS

610.002 Predatory animals" defined610.003 Bobcat and red fox control permitted

610.005 Administration of laws for the destructionLevying tax and fixing bountyof predatory animals

610.010 Cooperative agreements with the Federalby the county clerkFish and Wildlife Service

610.015 County appropriations for destruction ofExcess and deficiency of fundpredatory animals

610.020 Predatory Animal, Rabbit and RodentReport by county clerk to county courtControl Fund

610.025 County appropriations matching state

Bounties on gophers and moles in Colum-

funds for control and eradication of pre-

bia and Washington Counties

datory animals; gifts from private persons

610.030 Apportionment of money appropriated bythe state to eradicate animals

610.032 Refund of unexpended funds appropriated

by county for predatory animal control610.035 Employment of hunters and trappers;

cooperation with Fish and Wildlife Ser- vice

610.040 Money from sale of skins610.045 Keeping coyotes in captivity610.050 Molesting device, or animal caught by

device, prohibited

610.060 Effect of certain wildlife law provisions on

predatory animal control

EXTERMINATION OF NOXIOUS RODENTS ANDPREDATORY ANIMALS

610. 105 Authority to control noxious rodents or

BOUNTIES ON ANIMALS GENERALLY

predatory animals

610.110 County revolving fund for extermination

coyotes, wolves, wildcats, foxes and

of rodents

610.125 Purchase, preparation and sale of neces-

Levying tax and fixing bounty

sary poison and supplies

610. 130 Duties, assistants and compensation of

by the county clerk

agricultural agent

610.145 Labeling containers of poison; cooperation

Excess and deficiency of fund

with state and federal organizations

BOUNTIES ON ANIMALS GENERALLY

610.205 County's authority to give bounty on

610. 405

coyotes, wolves, wildcats, foxes and

bits; election

seals; tax levy610.210 Levying tax and fixing bounty610.215 Issuance of warrants and marking of skins

610. 415

by the county clerk610.220 Payment of bounties from general fund610.225 Excess and deficiency of fund610.230 Application for bounty; affidavit610.235 Report by county clerk to county court

BOUNTIES ON GOPHERS, MOLES, SQUIRRELS

AND OTHER CROP - DESTROYING RODENTS

610. 405 Tax levy and fund for payment of bounties

bits; election

on crop-destructive rodents610.410 Rules and regulations in payment of boun-

Financing rabbit bounty program

ty610. 415 Bounties on gophers, moles and squirrels

number of scalps

in Marion County610.420 Bounties on gophers and moles in Tilla-

rants; report to court and records

mook County610.425 Bounties on gophers, moles and squirrels

in Yamhill County610.430 Bounties on gophers and moles in Colum-

bia and Washington Counties

610. 990 Penalties

CROSS REFERENCES

1" Ul\/ J41D

Animals in trailer parks, 446. 115 Hunting and trapping predatory animals in municipalBlack bear and cougar as game mammal, 496. 004 watershed areas, 448. 305 .

Casting artificial light on predators restricted, 498. 146 Restriction on power of State Fish and Wildlife Commis -

Constructing trailer park near breeding place of rodents sion to limit taking of predators, 496. 162prohibited, 446. 100

County and municipal financial administration, Ch. 294Dogs, Ch. 609

610. 145Explosives, use for repelling predatory buds and animals, 480. 122 Intergovernmental cooperation, Ch 190

889

BOUNTIES ON JACKRABBITS

610.505 Petition for tax levy for bounty on jackrabbits; election

610.510 Ballots in jackrabbit bounty elections610.515 Financing rabbit bounty program610.520 Procedure for obtaining bounty; minimum

number of scalps

610.525 Marking of scalps and issuance of warrants; report to court and records

610. 990 Penalties

CROSS REFERENCES

1" Ul\/ J41D

Animals in trailer parks, 446. 115 Hunting and trapping predatory animals in municipalBlack bear and cougar as game mammal, 496. 004 watershed areas, 448. 305 .

Casting artificial light on predators restricted, 498. 146 Restriction on power of State Fish and Wildlife Commis -

Constructing trailer park near breeding place of rodents sion to limit taking of predators, 496. 162prohibited, 446. 100

County and municipal financial administration, Ch. 294Dogs, Ch. 609

610. 145Explosives, use for repelling predatory buds and animals, 480. 122 Intergovernmental cooperation, Ch 190

889

SUPERSEDED

890

SUPERSEDED

PREDATORY ANIMALS

GENERAL PROVISIONS

610.002 " Predatory animals" defined. As used in ORS 610.002 to 610.990, predatory animal" or " predatory animals"

includes coyotes, rabbits, rodents and birds

which are or may be destructive to agricultural crops, products and activities, but excludinggame birds and other birds determined by theState Fish and Wildlife Commission to be inneed of protection. [ 1959 c.240 § 2; 1971 c.658 § 29;

1977 c. 136 § 4, subsection ( 2) of 610.002 renumbered

610.003; 1979 c.399 §21

610.003 Bobcat and red fox control

permitted. Notwithstanding any other provision of law, the State Department of Agricul- ture, after consultation with the State Depart-

ment of Fish and Wildlife, may implementbobcat and red fox control procedures as authorized under ORS 610.002 to 610.990, for aspecified period of time and within a specified

area, if the State Department of Agriculture

determines such action is necessary to protectdomestic mammals or birds. [Formerly subsection2) of 610.002; 1979 c.399 §41

610.005 Administration of laws for

the destruction of predatory animals. Thelaws for the destruction, eradication or controlof predatory animals by the state shall beadministered by the State Department ofAgriculture. Any sums appropriated by thelegislature for such purposes shall be expended in cooperation with the Fish and WildlifeService of the United States Department of

Interior. No part of any such appropriationshall be paid for bounties. [Amended by 1959 c.240

3]

610.010 Cooperative agreements withthe Federal Fish and Wildlife Service. TheState Department of Agriculture shall enterinto definite cooperative agreements with the

Federal Fish and Wildlife Service, prescribingthe manner, terms and conditions of such

cooperation and the amounts which the Stateand Federal Governments will contribute

thereto. [Amended by 1959 c.240 §41

610.015 County appropriations for

destruction of predatory animals. The

various county courts and boards of countycommissioners may appropriate out of countygeneral funds any amount of money that, intheir judgment, is necessary to be expended incooperating with the State Department ofAgriculture and with the Federal Fish and

Wildlife Service in carrying out ORS 610.002

891

610.025

to 610.040, 610.105 to 610.145 and 610.505 to

610.525. However, no county shall be calledupon to appropriate any amount of money forthe purpose of such sections where it is not

spent within the border of the county. [Amendedby 1959 c.240 §51

610.020 Predatory Animal, Rabbit

and Rodent Control Fund. ( 1) From all

money received by the State Fish and WildlifeCommission from licenses, fines, gifts andotherwise, constituting the State WildlifeFund, the State Fish and Wildlife Commissionshall set aside three percent in a budget fund

to be known as the Predatory Animal, Rabbitand Rodent Control Fund. The amount setaside shall not exceed $ 40,000 in any onecalendar year.

2) Such fund shall be expended by theState Fish and Wildlife Commission in cooperation with the State Department of Agricul- ture and the Federal Fish and Wildlife Service

for the control and destruction of predatoryanimals, rabbits and rodents in the state. Anypart of such fund remaining unexpended atthe end of any calendar year shall remain inthe fund for expenditure during the succeeding year. [ Amended by 1959 c.680 § 11

610.025 County appropriations

matching state funds for control and eradication of predatory animals; gifts fromprivate persons. ( 1) On presentation of a

petition signed by 100 taxpayers of any countyand a statement from the State Department of

Agriculture to the effect that certain statefunds are available for expenditure in the

county where the petitioners reside, the county court may appropriate from the generalfund of the county an amount of money equalto, or in excess of, the state funds available for

expenditure within the county and forwardsuch money to the State Department of Agri- culture to be expended for the control and

eradication of predatory animals as provided

by ORS 610.030 to 610.040.

2) The county court or board of countycommissioners of any county may accept giftsand donations from private persons or associations of persons to be expended for the control

and eradication of predatory animals as pro-

vided by ORS 610.025 to 610.040. Moneysreceived by the county under this subsectionshall be forwarded to the State Department ofAgriculture to be expended for the control and

eradication of predatory animals as provided

by ORS 610.025 to 610.040. [ Amended by 1953c 606 §4; 1965 c.485 § 11

SUPERSEDED

610.030

610.030 Apportionment of money

appropriated by the state to eradicateanimals. ( 1) The State Department of Agri-

culture shall apportion any money appropriat-

ed by the state legislature for the purpose setforth in ORS 610.025, among the countiesaccording to the necessity for control anderadication of predatory animals and thefinancial cooperation received from the counties.

2) Moneys paid or forwarded pursuant to

ORS 610.025 by the county court of any county to the State Department of Agriculture, and moneys allotted by the State Departmentof Agriculture for expenditure within anycounty, hereby are appropriated continuouslyfor and shall be expended only in the controlof coyotes and other harmful predatory am- mals within the boundaries of the county inaccordance with the terms and conditions

fixed by the State Department of Agricultureand the Federal Fish and Wildlife Service,

unless otherwise authorized by the countyCourt. [ Amended by 1953 c.606 §4; 1965 c.485 § 21

610.032 Refund of unexpended funds

appropriated by county for predatoryanimal control. Any unexpended and unobli- gated funds appropriated by a county court orboard of county commissioners for the destruction; eradication or control of predatory animals under ORS 610.015 or 610.025 may berefunded if the State Department of Agricul- ture finds that such funds are not necessary tocarry out ORS 610.002 to 610.040, 610.105 to610.145 and 610.505 to 610.525. [1959 c.541 § 21

610.035 Employment of hunters andtrappers; cooperation with Fish and Wild- life Service. ( 1) The State Department of

Agriculture may employ hunters and experttrappers throughout the state for the purpose

of controlling and eradicating coyotes andother harmful predatory animals. The department may also provide funds for administrative purposes in connection with predatoryanimal control and eradication.

2) For the purpose of carrying on thiswork the department shall enter into con-

tracts with the Federal Fish and Wildlife

Service in order to prevent duplication, secureproper administration and enlist the financialsupport of the Federal Government.

610.040 Money from sale of skins. Money received by the State Department ofAgriculture from the sale of skins shall be

paid into the State Treasury and expended. in

the county from which the skins were taken, in the control and eradication of predatoryanimals.

610.045 Keeping coyotes in captivity. Coyotes shall not be kept in captivity exceptin public parks or zoos or in compliance with

the terms and conditions of a permit issuedpursuant to ORS 497.308 and 497.312. Thejustice court, district court and circuit court

have concurrent jurisdiction of any violationof this section. [Amended by 1977 c.247 § 31

610.050 Molesting device, or animalcaught by device, prohibited. (1) No personshall steal, take or molest a trap, poison baitstation, coyote getter or other device which is

operated, possessed or controlled by an employe of a county, state or Federal Govern- ment for the purpose of the eradication of

noxious or predatory animals.

2) No person shall steal, take or molest

any noxious or predatory animal captured or

killed by any such device described in subsection (1) of this section. [ 1959 c.299 §2( i), (2)]

610.060 Effect of certain wildlife law

provisions on predatory animal control.

Nothing in the wildlife laws is intended todeny the right of any person to control predatory animals as provided in ORS 610. 105. 1971 c.658 § 28; 1973 c.723 § 126; 1975 c.214 § 2; 1975

c. 791 § 3]

EXTERMINATION OF

NOXIOUS RODENTS ANDPREDATORY ANIMALS

610.105 Authority to control noxiousrodents or predatory animals. Any personowning, leasing, occupying, possessing or

having charge of or dominion over any land, place, building, structure, wharf, pier or dockwhich is infested with ground squirrels and

other noxious rodents or predatory animals, assoon as their presence comes to his knowledge,

may, or his agent may, proceed immediatelyand continue in good faith to control them bypoisoning, trapping or other appropriate andeffective means. [Amended by 1971 c.658 §301

610.110 County revolving fund forextermination of rodents. The county courtor board of county commissioners in any county may, or on a petition of 100 or more taxpayers and landowners of the county shall, unlessa remonstrance containing the names of agreater number of taxpayers and landowners

is presented, appropriate adequate funds, not

892

SUPERSEDED

PREDATORY ANIMALS

less than $500, for the creation of a revolvingfund to be used in the extermination ofground squirrels and other noxious rodents or

predatory animals, in accordance with ORS610.105 to 610.145.

610.115 [Repealed by 1969 c. 167 § 11

610. 120 [Repealed by 1969 c 167 § 1]

610.125 Purchase, preparation and

sale of necessary poison and supplies. Thecounty court or board of county commissionersmay purchase poison and other supplies neces-

sary for the extermination of ground squirrelsand other noxious rodents or predatory am- mals and cause the poison to be mixed andpoison baits to be prepared and sell them atcost to residents of the county, for the purposeof exterminating predatory animals. The

proceeds derived from any sale thereof shallbe paid to and become a part of the revolvingfund provided for in ORS 610.110. [ Amended by1969 c. 167 § 21

610.130 Duties, assistants and com-

pensation of agricultural agent. The agri-

cultural agent of each county, or in countiesnot having an agricultural agent, any personappointed by the court, shall carry out ORS610.105 to 610.145. The person appointed bythe court shall be deemed the agriculturalagent for the purposes of such sections, to mixany poison and prepare poison baits and dis-

tribute such poison or baits or other necessarysupplies provided by the court or board ofcounty commissioners, to applicants for suchsupplies, and to collect all moneys and receipt

therefor. He shall make a monthly report tothe court. The agricultural agent shall receive

no additional compensation for performingsuch duties. He shall be allowed such additional assistance as in the opinion of the court

or board is necessary to effectively carry outthis section. In counties not having an agricultural agent the court or board of county commissioners shall fix the compensation of the

person appointed and shall prescribe by ordersuch additional assistance necessary to carryOut this section. [Amended by 1969 c. 167 § 31

610. 135 (Repealed by 1969 c 167 § 11

610.140 [Repealed by 1969 c. 167 § 11

610.145 Labeling containers of poison; cooperation with state and federalorganizations. ( 1) All poison baits preparedand distributed by the agricultural agent, shall be placed in containers, plainly labeled, to show the contents thereof.

610.215

2) In order to secure the most effectiveand economical expenditures of funds for theextermination and destruction of groundsquirrels and other noxious rodents or preda-

tory animals, the county court or board ofcommissioners shall cooperate, so far as practicable, with the state and federal organizations engaged in similar work.

BOUNTIES ON ANIMALSGENERALLY

610.205 County's authority to givebounty on coyotes, wolves, wildcats, foxesand seals; tax levy. ( 1) The several countycourts may levy a tax of not less than onefour - hundredth of one percent (. 000025) andnot to exceed one - fortieth of one percent

00025) of the true cash value of all taxable

property within the county, for the purpose ofpaying a bounty on coyotes, gray wolves, blackwolves, wildcats, gray foxes, red foxes andseals.

2) The county courts shall, at the firstregular meeting of the courts in June of eachyear, decide by a resolution of the courtwhether or not it shall pay the bounties onany, or all, of the animals mentioned in this

section. If the court decides in favor of payingsuch bounty on any or all of such animals, atax to provide funds therefor shall be levied,

as provided by ORS 610.210, and the bountiespaid, in the manner and amounts, and uponsuch animals, as provided by ORS 610.210 to610.235. If such county courts decide not topay a bounty on such animals, no tax shall belevied Or collected. [ Amended by 1967 c.293 § 34; 1967 c 594 §21

610.210 Levying tax and fixing bounty. (1) The county court of each county may, on the first Monday of January of each year, levy a tax as described in ORS 610.205, whichshall go into the general fund and be collectedthe same as all other taxes.

2) The county courts may fix the bountiesupon the animals mentioned in ORS 610.205within their respective counties.

610.215 Issuance of warrants and

marking of skins by the county clerk. Thecounty clerk shall issue warrants on the county treasurer in payment for all skins on whichthere is a bounty as provided by ORS 610.205and 610.210. He shall take such skin so paid

for and mark it by punching three holes ofone - quarter of one inch in diameter each at

the base of each ear. He shall keep a record of

893

SUPERSEDED

610.220 ANIMALS

whom he paid for such skin and the amountpaid for it. In the case of seals, he shall punch

three holes in the scalp between the earholes. The county clerk shall not be liable for thebounty on any such skin or scalp presented tohim bearing such mark. Any skin or scalp towhich is attached a fine fur may be returnedto the owner after it has been marked by thecounty clerk. [Amended by 1957 c.566 § 11

610.220 Payment of bounties fromgeneral fund. If the amount collected for thepurpose of paying the bounty on skins, asprovided by ORS 610.210, becomes exhausted, the county clerk shall continue to pay for allskins received out of any money in the generalfund of the county not otherwise appropriated.

610.225 Excess and deficiency of

fund. If on January 1 of each year there is asurplus of money raised as provided by ORS610.210, the county court shall deduct theamount of the surplus on hand from the

amount of levy which they will make as required by such section. If there is a deficiencyin the money raised for bounty purposes onJanuary 1 of each year, the county court shalladd the amount of the deficiency to theamount of the levy for the ensuing year.

610.230 Application for bounty; affidavit. ( 1) No bounties shall be paid under

ORS 610.205 to 610.235, by any county clerkunless the person applying for the bounty fileswith the county clerk an affidavit, sworn tobefore the county clerk, or anyone authorizedto administer oaths. The affidavit shall state:

a) The kind of animal from which theskin was taken and the number of skins

presented.

b) That the county in which the animalwas killed is the county in which the skin ispresented for payment of a bounty.

c) That the animal from which the skinwas taken was not brought or received, deador alive, from any other county or state.

d) That the animal was killed within six

months from the date of making the affidavit.

e) That the animal was killed by theperson presenting such skin in such countyand in the state.

f) That it was not fostered or whelped in

captivity prior to the killing thereof.

2) The county clerk may require of theapplicant for bounty, such corroborative testimony as to him seems proper concerning thetruth set forth in such affidavit.

3) No person shall kill any animal in onecounty and take the skin into another countyand collect the bounty on it, or sell or offer tosell such skin for the purpose of getting thebounty thereon. [ Amended by 1957 c.566 § 21

610.235 Report by county clerk tocounty court. The county clerk, or otherofficer to whom such skins have been presented shall, at the first meeting in January of thecounty court, file a statement showing thenumber of skins received by him, the numberand amounts of warrants drawn by him andthe names of persons to whom issued.

610.240 [Repealed by 1959 c 299 §41

610.245 [ Amended by 1957 c.566 § 4; repealed by1959 c 299 §41


610.255 [Repealed by 1959 c 299 §41

610.260 [Repealed by 1959 c.299 §41

610.265 [Repealed by 1959 c.299 §41

610.270 [Repealed by 1959 c.299 §41

610.275 [Repealed by 1959 c.299 §41

610.280 [Repealed by 1959 c.299 §41

610.285 [ Repealed by 1959 c.299 §41

610.290 [Repealed by 1959 c.299 §41

610.295 [Repealed by 1961 c. 154 §11

610.300 [Repealed by 1971 c.743 §4321

BOUNTIES ON GOPHERS, MOLES, SQUIRRELS AND

OTHER CROP - DESTROYINGRODENTS

610.405 Tax levy and fund for payment of bounties on crop-destructive rodents. The county courts may levy a tax andcreate a fund for the payment of bounties for

killing gophers, moles, gray digger squirrelsand other rodents destructive of crops and

gardens. The amount estimated by the countycourt as being sufficient for such purpose maybe placed in the county budget, and if authorized at the meeting held for the purpose ofpassing upon the tax levy by the voters of thecounty, shall become one of the items forwhich expenditure may be made during thesucceeding year.

610.410 Rules and regulations in

payment of bounty. The county court shallmake such rules and regulations as may benecessary to establish that the rodent for

894

SUPERSEDED

PREDATORY ANIMALS

which a payment of bounty is asked has beenactually killed in such county. Whenever abounty is paid the county clerk shall immediately destroy the scalp or other portion of theanimal required to be produced by the countycourt. Warrants for payment for such bountyshall be drawn against the fund created by thetax levy as provided by ORS 610.405.

610.415 Bounties on gophers, molesand squirrels in Marion County. ( 1) The

County Court of Marion County may levy atax not to exceed one -tenth of one mill on adollar of the assessed valuation of the taxableand assessable property in the county, eachYear, for the payment of bounties upon gophers, moles and gray digger squirrels takenand killed in the county.

2) The funds derived from such tax, ifany, shall be placed in a special fund knownas the gopher, mole and squirrel bounty fund, and the County Clerk of Marion County shallpay as a bounty for each scalp of each mole orgopher the sum of 10 cents, and for each scalpof each gray digger squirrel produced andexamined at his office, the sum of five cents, by drawing a warrant against such fund. Thereafter such scalp shall be destroyed bythe clerk.

3) At any time there is a surplus at theend of any year in such special fund, the county court may transfer any part of such surplusto the general fund of the county.

610.420 Bounties on gophers and

moles in Tillamook County. (1) The CountyCourt of Tillamook County shall levy a taxnot to exceed one -tenth of one mill on a dollarof the assessed valuation of the taxable andassessable property in the county, each year, for the payment of bounties upon gophers andmoles taken and killed in the county.

2) The funds derived from such tax shallbe placed in a special fund known as the gopher and mole fund, and the County Clerk ofTillamook County shall pay as a bounty forevery scalp of every mole or gopher produced

and examined at his office, by drawing awarrant against such fund, at the rate of five

cents for each scalp. Thereafter such scalpshall be destroyed by the clerk.

3) At any time there is a surplus at theend of any year in such special fund, the county court may transfer any part of the surplusto the general fund of the county.

610.505

610.425 Bounties on gophers, moles

and squirrels in Yamhill County. ( 1) The

County Court of Yamhill County shall levy atax not to exceed one -tenth of one mill on adollar of the assessed valuation of taxable andassessable property in the county, each year, for the payment of bounties upon gophers, silver gray squirrels and moles taken and

killed in the county. 2) The funds derived from such tax shall

be placed in a special fund known as the gopher, squirrel and mole fund, and the CountyClerk of Yamhill County shall pay as a bounty for every scalp of every gopher, silver graysquirrel or mole that is killed within suchcounty and produced and examined at his

office, by drawing a warrant against suchspecial fund, at the rate of 10 cents for eachscalp. Thereafter all such scalps shall be destroyed by the clerk.


610.430 Bounties on gophers and

moles in Columbia and Washington Coun- ties. ( 1) The County Courts of ColumbiaCounty and of Washington County shall levya tax not to exceed one -tenth of one mill on adollar of the assessed valuation of the taxableand assessable property in the counties, respectively, each year, for the payment ofbounties upon gophers and moles taken andkilled in such counties.

2) The funds derived from such tax shallbe placed in a special fund known as the go-

pher and mole bounty fund, and the CountyClerks of Columbia County and WashingtonCounty, respectively, shall pay as a bounty forevery scalp of every mole or gopher produced

and examined at his office, by drawing awarrant against such special fund, at the rate

of 10 cents for each scalp. Thereafter the scalpshall be destroyed by the clerk.


BOUNTIES ON JACKRABBITS

610.505 Petition for tax levy for bounty on jackrabbits; election. (1) Whenever apetition signed by 10 percent of the legalvoters of any county is filed with the countyclerk, asking that the question of whether or

895

SUPERSEDED

610.510 ANIMALS

not the county shall levy a tax to providefunds for the payment of a bounty upon jackrabbits, the county court shall direct the clerkof the court to give notice of such election inthe manner prescribed for giving notices ofthe election of state and county officers.

2) The petition shall be filed not less than45 days prior to the election upon which thequestion is to be voted. The question may bevoted upon at any state election. However, theelection provided for by this section, shall notbe held at any time other than a state election. The petition shall specify the amount ofbounty to be paid which, in any event, shallnot exceed five cents per scalp of each rabbit.

610.510 Ballots in jackrabbit bountyelections. The county clerk shall furnishballots to be used at the election provided for

by ORS 610.505, which shall have printedthereon the words:

Shall County pay a rabbit bountyof cents each?

Yes

No

The ballot shall also have printed on it thedirection that the voter shall place an " X"

before the word " Yes," or the word " No." The

vote shall be canvassed and returns made

thereon the same as the votes are canvassed

for the state or county officials.

610.515 Financing rabbit bountyprogram. If a majority of votes cast on thequestion of a rabbit bounty as provided byORS 610.505 to 610.525, is in favor of the

bounty, the county court shall, at its regularmeeting for the purpose of levying taxes, compute the estimated expenditure for thepurpose of such sections for the ensuing year, and make a sufficient levy, either as a generalcounty tax or a special rabbit bounty tax, tocover such estimate. If the amount levied in

any one year to pay the earned bounty for thatyear is insufficient, the amount unpaid shall

be provided for in the levy for the succeedingyear.

610.520 Procedure for obtaining

bounty; minimum number of scalps. ( 1)

Any person killing any jackrabbits, in order toobtain the bounty provided by ORS 610.505 to610.525, shall, within 60 days of the date of

such killing, present, or cause to be presentedby his agent, to the clerk of such county, the

scalp and ears of such animal. He shall makeand file with such county clerk an affidavitsetting forth:

a) The number of rabbits from whichsuch scalps were taken.

b) That the rabbits were killed withinsuch county, within 60 days preceding.

c) That the rabbits were not bred orreared in captivity.

2) Every person presenting such scalpsfor the payment of bounty shall be identifiedin writing by some resident taxpayer of suchcounty, unless the person is known to thecounty clerk as being an actual resident of thecounty and entitled to credence, which factshall be indorsed on his affidavit by the clerk. No person shall be entitled to collect bountyon any less than 50 scalps at any time.

610.525 Marling of scalps and issuance of warrants; report to court andrecords. ( 1) Upon the presentation of such

scalps in the manner prescribed in ORS610.520, the county clerk shall punch, orcause to be punched, a hole in each ear of suchscalps of sufficient size to be easily noticeable, and issue his warrant on the county treasurerfor the amount of the bounty to which theparty presenting the scalps is entitled. Thewarrant shall be paid in the same manner as

other county warrants are paid.

2) The county clerk shall, at each sessionof the county court, present a statement of thenumber and amount of such warrants issuedsince the last preceding term, showing towhom issued, together with the scalps which

have accumulated during that time, whichshall, after examination by the court, be effectively destroyed.

3) The county clerk shall keep a record ofthe scalps presented, showing:

a) The number presented.

b) By whom presented.

c) The amount paid in bounty.

PENALTIES


610.045 is punishable, upon conviction, by afine of not more than $500.

2) Violation of ORS 610.050 is punishableupon conviction by a fine of not more than

500, or by imprisonment in the county jailnot more than one year, or both.

896

SUPERSEDED

PREDATORY AN MALS

3) Violation of any provision of ORS610.205 to 610.235 by making a false affidavitis perjury and punishable as provided in ORS162.065. Violation of such sections in anyother manner is punishable, upon conviction,

by a fine of not more than $500 or by impri-

ai n_am

sonment not exceeding one year, or both.

Amended by 1959 c.299 § 3; subsection ( 2) enacted as

1959 c.299 §2(3); 1971 c.743 §4011



CHAPTERS 611 TO 615Reserved for expansion]

897

SUPERSEDED

ANIMALS

898

SUPERSEDED

CHAPTER

RESERVED

FOR

EXPANSIONSUPERSEDED

CHAPTER

RESERVED

Ims

EXPANSIONSUPERSEDED

CHAPTER

RESERVED

FOR

EXPANSIONSUPERSEDED

TITLE 49

FOOD AND OTHER COMMODITIESPurity; Sanitation; Grades; Standards;

Labels; Weights and Measures)

Chapter 616. General and Miscellaneous Provisions618. Weights and Measures619. Labeling and Inspection of Meat and Meat Food Products620. Sale of Horse Meat621. Purity, Grades, Standards and Labels of Dairy Products and Substitutes622. Shellfish624. Food Service Facilities625. Bakeries and Bakery Products627. Manufacture of Ice628. Refrigerated Locker Plants632. Grades, Standards and Labels for Agricultural and Horticultural Products633. Grades, Standards and Labels for Feeds, Fertilizers and Seeds634. Pesticide Control635. Nonalcoholic Beverages

Chapter 616


General and Miscellaneous Provisions

DEFINITION SALE OF ADULTERATED, MISBRANDED, OR616.005 Definition IMJTATION FOODS

616.205 Definitions for ORS 616.205 to 616.385

ADMINISTRATION AND ENFORCEMENT OF616.210 Selling of food" construed616.215 Prohibited acts

FOOD, DRINK AND SANITATION LAWS 616.217 Restriction on labeling or selling food fishGENERALLY product as halibut

616.010 Department ofp Agriculture and Health616.220 Injunction against violations of ORS

Division to administer and enforce food616.215

616.225 Disposal of adulterated, misbranded,

laws unsound or perishable food or consumer

616.015 Cooperation between Health Division and 616.230commodity

Regulations fixing definitions and stan- Department of Agriculture dards; conformity to federal regulations

616.020 Surveys by Health Division 616.235 What food deemed adulterated616.245 Adding poisonous or deleterious substance

616.065 Certificate of analysis or test as evidence 616.250 When food deemed misbranded

899

SUPERSEDED

FOOD AND OTHER COMMODITIES

616.256 Labeling exemption for foods to be repack -

616. 345

aged

616265 When advertisement deemed false616.270 Determining when label or advertisement

616.355

misleading

616.275 Liability for dissemination of false adver-

616.360

tisement

616.286 Inspection and investigation powers of

macaroni and noodle products

department

616.295 Reports and information issuable by

616. 726

department

616.305 District attorney to prosecute violations616.310 Notice or warning of minor violations616.315 Jurisdiction of courts

616.320 Short title

616.325 Consumer commodity labeling requirements; restrictions on consumer com-

616. 745

modity distribution; rulemaldng; conformance to federal standards

616.330 Alcoholic beverage exemption616.333 Diethylstilbestrol use in food; label

PESTICIDE CHEMICALS AND FOOD ADDITIVES

616.335 Definition for ORS 616.335 to 616.385616.341 Use of poisons, pesticides or food additives

SANITARY REGULATIONS FOR FOOD ANDFOOD ESTABLISHMENTS

616.695

restricted

616. 345 Rules and regulations governing use of

616. 815

pesticide chemicals

616.350 Control of food additives616.355 Enforcement procedure for violation of

616. 711

ORS 616.341, 616.W or 616.350616.360 Standards for rules

616.366 Rules for use of poisons, pesticides, food or


color additives; matters to be considered616.380 Enforcement procedure for control of food

616. 726

additives

616.385 Public hearing required for regulations

SANITARY REGULATIONS FOR FOOD ANDFOOD ESTABLISHMENTS

616.695 Definitions for ORS 616.695 to 616.755616.700 Department to enforce sanitation require-

616. 815

ments for food and food establishments616.706 Issuance, suspension and revocation of

STANDARDS OF QUALITY AND IDENTITY FOR

licenses; status; posting; cancellation616. 711 Where licenses not required; when ORS

Definitions for ORS 616. 775 to 616. 790

616.695 to 616.755 not applicable

616.716 When inspection required; ORS 616.695 to


616.755 in addition to other laws616.721 Exemptions from ORS 616.695 to 616.755

616.726 City regulation of food and food establish-

products exempted

ments authorized; department to exam-

Enforcement of ORS 616. 775 to 616. 790 by

ine city regulation for adequacy616.731 Deposit and use of fees and money616.735 When insanitary conditions exist616.740 Condemnation where insanitary condi-

tions exist

616. 745 Handling of food by diseased persons

OPEN DATE LABELING

616. 800 Short title

616. 805 Definitions for ORS 616. 800 to 616. 835 and

prohibited

616.750 Procedure where food handler suspected

616. 815

of disease

616.755 Securing information from health officers

STANDARDS OF QUALITY AND IDENTITY FOR

Label required to be affixed to package

FLOUR PRODUCTS

616.775 Definitions for ORS 616. 775 to 616. 790616.780 Standards of quality or identity for flours,

Sale of perishable food after expiration of


616.785 Sale of unenriched flours, macaroni or

removal of packages with expired pull

noodle products prohibited; certain

dates

products exempted

616.790 Enforcement of ORS 616. 775 to 616. 790 by

labels prohibited

department-, inspection; sampling; failure

Rulemaldng authority

to permit inspection

OPEN DATE LABELING

616. 800 Short title

616. 805 Definitions for ORS 616. 800 to 616. 835 and

PENALTIES

616. 992 General penalty616. 994 Penalty for open date labeling law viola-

tions

CROSS REFERENCES

Administrative procedures and rules of state agencies,

183. 310 to 183. 500Food products, detention, seizure or embargo, 561 605 to

561. 620Inspection of business records, 576. 024Product test reports, publication and distribution by State

Department of Agriculture, 561 315

Prohibitions against altering or removing seal, sign,

stamp or similar object used by department, againstselling products from used containers bearing suchmarkings and against reusing, imitating or counterfeiting markings used by department, 561. 220, 561. 230

Use of fees from certain commodity regulations, 561 145

900

616.994

616.810 Exemption for alcoholic beverages

616. 815 Open date labeling required for packagedperishable food sold at retail

616.820 Label required to be affixed to packagenot later than time of delivery to retailseller

616.825 Sale of perishable food after expiration of

616. 870

pull date prohibited; exceptions; time forremoval of packages with expired pull

616. 875

dates

6161M Altering labels or using nonconforminglabels prohibited

616.835 Rulemaldng authority

PENALTIES

616. 992 General penalty616. 994 Penalty for open date labeling law viola-

tions

CROSS REFERENCES


183. 310 to 183. 500Food products, detention, seizure or embargo, 561 605 to

561. 620Inspection of business records, 576. 024

Product test reports, publication and distribution by StateDepartment of Agriculture, 561 315


stamp or similar object used by department, againstselling products from used containers bearing such

markings and against reusing, imitating or counterfeiting markings used by department, 561. 220,

561. 230


900

UNIT PRICING


616.555 Items exempt from unit pricing requirements

6181860 Unit pricing of packaged consumer commodities required; explanation to consumers

616.865 Temporary sale items exempt616. 870 Prescribed pricing by units of measure-

ment

616. 875 Rules; retail establishments presumed

subject to unit pricing until exempted bydepartment

616.880 Written warning notice for minor violation616.885 Civil penalty; judicial review616.590 Short title

PENALTIES

616.992 General penalty616.994 Penalty for open date labeling law viola-

tions

CROSS REFERENCES


183.310 to 183.500Food products, detention, seizure or embargo, 561 605 to

561. 620Inspection of business records, 576.024Product test reports, publication and distribution by State





900

SUPERSEDED

GENERAL AND MISCELLANEOUS PROVISIONS

616.235 Fish, 513.020Fish, when unfit for human consumption, 509.070, Meat packing plants, 620.070

509.075 Milk and daisy products containers, 621 656 to 621 666Shellfish, Ch. 622

616.250 Slaughterhouses, 433. 710Commodity sales regulations, 618.201 to 618 246

616.745SANITARY REGULATIONS Refrigerated locker plant, diseased persons working, Be- rages, buildings used for manufacture, 635.045 628.270

Dairy products plants, 621 151 to 621 291 Restaurants, diseased persons working, 624.080

901

SUPERSEDED


902

SUPERSEDED

GENERAL AND MISCELLANEOUS PROVISIONS 616.065

DEFINITION

616.005 Definition. As used in thischapter, ORS 632.275 to 632.290, 632.450 to632.490 and 632.900 to 632.985, the termdepartment" means the State Department of

Agriculture.

ADMINISTRATION ANDENFORCEMENT OF FOOD, DRINK AND SANITATION

LAWS GENERALLY

616.010 Department of Agriculture

and Health Division to administer andenforce food laws. The duty of administration and enforcement of all regulatory legislation applying to:

1) The production, processing and distribution of all food products or commodities ofagricultural origin shall, in addition to such

further legislation as shall specifically namethe department as the administering agency, be performed by the department to the exclusion of any other department not so specifically named.

2) The sanitation of establishments

where food or drink is consumed on the premises where sold, or to sanitary practices usedin such establishments, be performed by theHealth Division.

616.015 Cooperation between HealthDivision and Department of Agriculture. In order to more effectively utilize the agencies of the state in the public interest andwithout unnecessary duplication and expense, the relationship between the production, processing and distribution of food and the publichealth hereby is recognized. Therefore thereshall be the fullest cooperation between theHealth Division and the department.

616.020 Surveys by Health Division. 1) In addition to any Health Division survey,

investigation or inquiry authorized by law, which involves the production, processing ordistribution of agricultural products, the

Health Division shall make such furthersurveys, investigations or inquiries as may berequested by the Director of Agriculture forthe purpose of showing the manner in whichthe production, processing or distribution ofagricultural products may affect the publichealth.

2) In order that maximum protection tothe public health may result from the activities of the Health Division and the depart-

903

ment, the Health Division shall notify theDirector of Agriculture in writing of anycontemplated survey which affects or mayaffect agricultural products which are under

the regulation of the department. The noticeshall cover in detail the scope of the surveyunder consideration, and the reasons therefor.

However, this section shall not be construed

as prohibiting such division from taking immediate action in any case where such actionseems necessary in the interests of publichealth. The written notice is not required inthe case of a survey instituted on the requestof the Director of Agriculture.

3) Not less than 30 days after the completion of any such survey, the Health Divi- sion shall file with the Director of Agriculturea certified copy of its report. The report shallinclude the findings of the division with respect to all matters covered thereby. Whenev- er the findings in the report of any survey, investigation or inquiry made by the divisionshow any hazard to public health existingincident to the production, processing or distribution of any agricultural commodity, thedepartment shall take such action as may benecessary and within the scope of its resourcesto remove such hazards.

616.025 [ Amended by 1953 c.686 §37; 1965 c. 107 § 1; 1973 c.174 §17; repealed by 1973 c.227 §261

616.030 [Repealed by 1953 c.686 §371

616.035 [Repealed by 1953 c.686 §371

616.040 [Repealed by 1953 c.686 §371

616.045 [Repealed by 1953 x686 §371

616.050 [Repealed by 1953 c.686 §371

616.055 [Repealed by 1973 c.227 §261

616.060 [Repealed by 1973 c.227 §261

616.062 [Repealed by 1953 c.686 §371

616.065 Certificate of analysis or testas evidence. The certificate of analysis ortest of any chemist, or other authorized officer, employe or deputy of the department, signed and certified to by him, is prima facieevidence in all courts of justice of the mattersand facts certified to therein.

616.070 [Repealed by 1973 c.227 §261

616.075 [Repealed by 1969 c. 131 §51

616.OW [ Amended by 1953 c.686 §37; 1965 c. 107 § 2; 1973 c 174 §18; repealed by 1973 c.227 §261

616.085 [Repealed by 1953 c.686 §371

616.090 [Repealed by 1973 c.227 §261

SUPERSEDED

616.205 FOOD AND OTHER COMMODITIES

616.095 [ Amended by 1953 c.66 §2; part renumbered from dust, dirt and, as far as may be neces- 561.605 to 561.620; part renumbered as part of 561.6251 say by all reasonable means, from all foreign

616.100 [ Renumbered as part of 561.6251 or injurious substances.

616.110 [Renumbered 561. 6301

616.115 [Repealed by 1973 c 227 § 261

616.120 [Repealed by 1973 c.227 §261

SALE OF ADULTERATED,

MISBRANDED, OR IMITATIONFOODS

616.205 Definitions for ORS 616.205 to616.385. As used in ORS 616.205 to 616.385,

unless the context clearly indicates a differentmeaning:

1) " Advertisement" includes all represen-

tations disseminated in any manner or by anymeans, other than by labeling, for the purposeof inducing, or which are likely to induce, directly or indirectly, the purchase of the food.

2) ( a) " Color additive" means a material

which:

A) Is a dye, pigment, or other substance

made by a process of synthesis or similarartifice, or extracted, isolated, or otherwisederived, with or without intermediate or finalchange of identity, from a vegetable, animal, mineral, or other source; or

B) When added or applied to a food or to

the human body or any part thereof, is capable, alone or through reaction with other

substance, of imparting color thereto.

However, "color additive" does not include anymaterial which has been exempted under the

federal Act.

b) The term " color" includes black, whiteand intermediate grays.

c) Nothing in paragraph ( a) of this subsection applies to any pesticide chemical, soilor plant nutrient, or other agricultural chemi-

cal solely because of its effect in aiding, re- tarding or otherwise affecting, directly orindirectly, the growth or other natural physiological process of produce of the soil and there-

by affecting its color, whether before or afterharvest.

3) " Consumer commodity" means any

food as defined by ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to616.366, 616.790 and 616.992 or by the federal Act.

4) " Contaminated with filth" means the

condition of any food not securely protected

5) " Director" means the Director of Agri- culture.

6) " Federal Act" means the Federal Food,

Drug and Cosmetic Act, 21 U.S.C. 301 et seq., 52 Stat. 1040 et seq.

7) " Food" means:

a) Articles used for food or drink for manor for dogs and cats;

b) Chewing gum; and

c) Articles used for components of anysuch article.

8) " Food additive" means any substancethe intended use of which results or may

reasonably be expected to result, directly orindirectly, in its becoming a component orotherwise affecting the characteristics of anyfood, including any substance intended for usein producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, and including anysource of radiation intended for any such use, if such substance is not generally recognized,

among experts qualified by scientific trainingand experience to evaluate its safety, as having been adequately shown through scientificprocedures or experience based on common

use in food to be safe under the conditions ofits intended use. " Food additive" does not

include:

a) A pesticide chemical in or on a raw

agricultural commodity;

b) A pesticide chemical to the extent thatit is intended for use, or is used in the production, storage or transportation of any raw

agricultural commodity; or

c) A color additive.

9) " Food establishment" means:

a) Any room, building, structure or place, used or intended for use, or operated for stor-

ing, preparing, compounding, manufacturing, processing, freezing, packaging, distributing, handling or displaying food.

b) The ground upon which such place or

business is operated or used and so much

ground adjacent thereto as is also used in

carrying on the business of the establishment. The department may prescribe such additionalarea or places which, although they may notbe contiguous or adjacent to the above area or

establishment, may be included therein.

904

SUPERSEDED


c) Vehicles, machinery, equipment, utensils, tools, fixtures, implements and all other

articles or items, used in operating or carryingon the business of a food establishment.

10) " Immediate container" does not include package liners.

11) " Label" means a display of written, printed or graphic matter upon the immediate

container of any article. A requirement madeunder authority of ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to616.366, 616.790 and 616.992 that any word, statement or other information appears on alabel has not been obeyed unless such word, statement or other information also appears

on the outside container or wrapper, if anythere be, of the retail package of such articleor unless such word, statement or informationis easily legible through the outside containeror wrapper.

12) " Labeling" means all labels and otherwritten, printed or graphic matters upon an

article or any of its containers or wrappers, oraccompanying such article.

13) " Package" means any container or

wrapping in which any consumer commodityis inclosed for use in the delivery or display ofthat consumer commodity to retail purchasers, but does not include:

a) Shipping containers or wrappings usedsolely for the transportation of any consumercommodity in bulk or in quantity to manufacturers, packers or processors, or to wholesaleor retail distributors thereof;

b) Shipping containers or outer wrappings used by retailers to ship or deliver anycommodity to retail customers if such containers and wrappings bear no printed matterPertaining to any particular commodity.

14) " Pesticide chemical" means any substance which, alone, in chemical combinationor in formulation with one or more othersubstances is a `pesticide" as defined in ORS634.211.

15) " Principal display panel" means thatpart of a label that is most likely to be displayed, presented, shown or examined under

normal and customary conditions of displayfor retail sale.

16) " Raw agricultural commodity" meansany food in its raw or natural state, includingall fruits that are washed, colored, or other-

905

wise treated in their unpeeled natural formprior to marketing. [ Amended by 1961 c.637 § l; 1973 c.227 § 11

616.210 " Selling of food" construed. The provisions of ORS 616.205 to 616.295regarding the selling of food include the manufacture, production, processing, packing,

exposure, offer, possession and holding of anysuch article for sale; and the sale, dispensingand giving of any such article, and the supply- ing or applying of any such articles in theconduct of any food establishment. [Amended by1973 c 227 § 2]

616.215 Prohibited acts. The followingacts and the causing thereof within the Stateof Oregon are prohibited:

1) The manufacture, sale or delivery, holding or offering for sale of any food that isadulterated or misbranded.

2) The adulteration or misbranding ofany food.

3) The receipt in commerce of any foodthat is adulterated or misbranded, and thedelivery or proffered delivery thereof for payor otherwise.

4) The distribution in commerce of aconsumer commodity if such commodity iscontained in a package, or if there is affixed tothat commodity a label, which does not conform to ORS 616.205 to 616.215, 616.225 to616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790 and 616. 992 and of rules promulgatedpursuant thereto. However, this prohibitiondoes not apply to persons engaged in businessas wholesale or retail distributors of consumercommodities except to the extent that suchpersons:

a) Are engaged in the packaging or labeling of such commodities; or

b) Prescribe or specify by any means themanner in which such commodities are packaged or labeled.

5) The dissemination of any false advertisement.

6) The refusal to permit entry or inspection, or to permit the taking of a sample, or topermit access to or the copying of any record, as authorized.

7) The giving of a guaranty or undertaking which is false, except by a person whorelied on a guaranty or undertaking to thesame effect signed by, and containing the

SUPERSEDED


name and address of the person from whom hereceived in good faith the food.

8) The removal or disposal of a detainedor embargoed article in violation of ORS616.225.

9) The alteration, mutilation, destruction, obliteration or removal of the whole or any

part of the labeling of, or the doing of anyother act with respect to a food, if such act isdone while such article is held for sale andresults in such article being adulterated ormisbranded.

10) Forging, counterfeiting, simulating orfalsely representing, or without proper authority using any mark, stamp, tag, label orother identification device authorized or re-

quired by rules promulgated under the provisions of ORS 616.205 to 616.295 and 616.305to 616.315.

11) The use by any person to his ownadvantage, or disclosure, other than to thedirector or his authorized representative or tothe courts when relevant in any judicial proceeding under ORS 616.205 to 616.385, of anyinformation acquired under the authority ofORS 616.205 to 616.385 concerning any method or process which is a trade secret entitled toprotection. [ Amended by 1973 c.227 § 31

616.217 Restriction on labeling orselling food fish product as halibut. Noperson shall label or offer for sale any foodfish product designated as halibut, with orwithout additional descriptive words, unlesssuch food fish product is Hippoglossus hippo - glossus or Hippoglossus stenolepsis. [ 1967 c.413

2]

616.220 Injunction against violationsof ORS 616.215. In addition to the remedies

provided by ORS 616.205 to 616.295, the department or its authorized agents may applyto the circuit court for, and such court shallhave jurisdiction upon hearing and for causeshown to grant, a temporary or permanentinjunction restraining any person from violating any provision of ORS 616.215, irrespectiveof whether or not there exists an adequate

remedy at law.

616.225 Disposal of adulterated, mis-

branded, unsound or perishable food or

consumer commodity. (1) Whenever a dulyauthorized representative of the departmentfinds, or has probable cause to believe, that

any food or consumer commodity is adulterated, or so misbranded as to be dangerous orfraudulent, within the meaning of ORS

616.205 to 616.295, he shall affix to sucharticle a tag or other appropriate marking, giving notice that such article is, or is suspected of being adulterated or misbranded and hasbeen detained, embargoed or seized, and warn-

ing all persons not to remove or dispose ofsuch article by sale or otherwise until permission for removal or disposal is given by anauthorized representative of the department. No person shall remove or dispose of suchdetained, embargoed or seized article by saleor otherwise without permission of the department.

2) Whenever the department or any of itsauthorized representatives finds in any room, building, vehicle of transportation, or otherstructure, any meat, fluid milk, dairy product, seafood, poultry, vegetable, fruit or other

perishable articles which are unsound, or

contain any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same

hereby being declared a nuisance, the department or its authorized representative forthwith shall condemn or destroy the same, or inany other manner render it unsalable as human food.

3) The department shall carry out theprovisions of this section as provided in ORS561.605 to 561.630. [ Amended by 1973 c.227 § 41

616.230 Regulations fixing definitionsand standards; conformity to federal regulations. ( 1) The department, by rule, shallestablish definitions and standards of identi-

ty, quality and fill of container for the State ofOregon. In carrying out the provisions of thissubsection, the department shall take intoconsideration definitions and standards estab-

lished in other states and definitions andstandards established pursuant to the federalAct.

2) Whenever in the judgment of the department such action will promote honestyand fair dealing in the interest of consumers, the department shall promulgate rules estab-

lishing definitions and standards of identity, quality and fill of container for foods forwhich no such definitions or standards havebeen established under the federal Act. Inaddition, the department may promulgaterules supplementing or amending any ruleunder the federal Act which sets definitionsand standards of identity, quality and fill ofcontainer for foods.

3) Temporary permits for interstate shipment of experimental packs of food varying

906

SUPERSEDED


from the requirements of definitions andstandards of identity under the federal Actare effective in this state under the conditionsstated in such permits. In addition, the department may issue additional permits when suchpermits are determined by the department tobe necessary to the completion or conclusive- ness of an otherwise adequate investigationand when the interests of consumers are safe- guarded. Such permits shall be subject to anyterms and conditions the department mayprescribe. [ Amended by 1973 c 227 §5, 1975 c 304 §51

616.235 What food deemed adulterated. A food shall be deemed to be adulterated:

1) ( a) If it bears or contains any poisonousor deleterious substance which may render itinjurious to health. However, if the substanceis not an added substance such food shall notbe considered adulterated under this paragraph if the quantity of such substance insuch food does not ordinarily render it injurious to health.

b) If it bears or contains any added poisonous or added deleterious substance, otherthan a pesticide chemical in or on a raw agricultural commodity and other than a foodadditive or color additive, which is unsafe

within the meaning of ORS 616.245, or it is araw agricultural commodity and it bears orcontains a pesticide chemical which is unsafe

within the meaning of ORS 616.341 or if it is, bears or contains any food additive which isdeclared unsafe by the department under ORS616.350. However, when a pesticide chemicalhas been used in or on a raw agriculturalcommodity in conformity with an exemptiongranted or tolerance prescribed under ORS

616.341, and such raw agricultural commodityhas been subjected to processing, such ascanning, cooking, freezing, dehydrating ormilling, the residue of such pesticide chemicalremaining in or on such processed food, notwithstanding ORS 616.341 and this sectionare not unsafe if such residue in or on the rawagricultural commodity has been removed tothe extent possible in good manufacturingpractice, and the concentration of such residuein the processed food when ready -to -eat, is notgreater than the tolerance prescribed for theraw agricultural commodity.

c) If it consists in whole or in part of adiseased, contaminated, filthy, putrid or decomposed substance, or if it is otherwise unfitfor food.

d) If it has been produced, prepared,

packed or held under insanitary conditions

whereby it may have become contaminatedwith filth, or whereby it may have been rendered diseased, unwholesome or injurious tohealth.

e) If it is, in whole or in part, the productof a diseased animal or an animal which hasdied otherwise than by slaughter, or that hasbeen fed upon the uncooked offal from aslaughterhouse.

f) If its container is composed, in whole orin part, of any poisonous or deleterious substance which may render the contents injurious to health.

2) ( a) If any valuable constituent hasbeen in whole or in part omitted or abstractedtherefrom;

b) If any substance has been substitutedwholly or in part therefor;

c) If damage or inferiority has been concealed in any manner; or

d) If any substance has been added there- to or mixed or packed therewith so as to in- crease its bulk or weight, or reduce its qualityor strength or make it appear better or ofgreater value than it is.

3) ( a) If it is confectionery and has partially or completely imbedded therein anynonnutritive object. This paragraph does notapply in the case of any nonnutritive object if, in the judgment of the department, such object is of some practical functional value tothe confectionery product and would not render the product injurious or hazardous tohealth.

b) If it bears or contains any alcohol otherthan alcohol not in excess of one -half of onepercent by volume derived solely from the useof flavoring extracts.

c) If it bears or contains any nonnutritivesubstance. This paragraph does not apply to anonnutritive substance which is in or on con-

fectionery if, in the judgment of the department, its use is of some practical functionalvalue in the manufacture, packaging or storing of such confectionery and if the use ofsuch substance does not promote deception ofthe consumer or otherwise result in adulteration or misbranding in violation of any provision of ORS 616.205 to 616.215, 616.225 to616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790 and 616.992. The department, for thepurpose of avoiding uncertainty in the application of this subsection, may promulgate

907

SUPERSEDED

R1 R_245 FOOD AND OTHER COMMODITIES

rules allowing or prohibiting the use of partic- ( 5) If in package form, unless it bears a

ular nonnutritive objects or substances. label containing:

d) If it bears or contains any color additive which is determined unsafe pursuant toORS 616.350. [ Amended by 1959 c. 301 § l; 1961 c.637

2; 1973 c.227 §61

616.240 [Repealed by 1965 c.501 § 101

616.245 Adding poisonous or deleterious substance. Any poisonous or deleterioussubstance, other than a pesticide, added to anyfood except where such substance is requiredin the production thereof or cannot be avoidedby good manufacturing practice, shall be

deemed to be unsafe for purposes of the application of paragraph ( b) of subsection ( 1) ofORS 616.235; but when such substance is sorequired or cannot be so avoided, the department shall promulgate rules limiting thequantity therein or thereon to such extent asthe department finds necessary for the protection of public health, and any quantity exceed-

ing the limits so fixed shall also be deemed tobe unsafe for purposes of the application ofparagraph ( b) of subsection ( 1) of ORS

616.235. While such a rule is in effect limitingthe quantity of any such substance in the caseof any food, such food shall not, by reason ofbearing or containing any added amount ofsuch substance, be considered to be adulterat-

ed within the meaning of paragraph ( a) ofsubsection ( 1) of ORS 616.235. In determiningthe quantity of such added substance to betolerated in or on different articles of food, thedepartment shall take into account the extent

to which the use of such substances is required or cannot be avoided in the productionof each such article and the other ways inwhich the consumer may be affected by thesame or other poisonous or deleterious substances. [Amended by 1973 c.227 § 71

616.250 When food deemed misbranded. A food shall be deemed to be misbranded:

1) If its labeling is false or misleading inany particular, or fails to conform to ORS616.325.

2) If it is offered for sale under the nameof another food.

3) 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 foodimitated.

a) The name and place of business of themanufacturer, packer or distributor; and

b) An accurate statement of the net quan-

tity of the contents in terms of weight, measure, volume or numerical count. The statement shall be separately and accurately statedupon the principal display panel of the labelunder paragraph (b) of this subsection:

A) The same reasonable variations al-

lowed in ORS chapter 618 shall be permitted.

B) Exemptions as to small packages shall

be established by rules promulgated by thedepartment.

6) If any word, statement or other information required by or under authority of ORS616.205 to 616.295 to appear on the label orlabeling is not prominently placed thereonwith such conspicuousness, as compared with

other words, statements, designs or devices, inthe labeling, and in such terms as to render itlikely to be read and understood by the ordinary individual under customary conditions ofpurchase and use.

7) If it purports to be or is represented asa food for which a definition and standard of

identity has been prescribed by rule as provided by ORS 616.230, unless it conforms to suchdefinition and standard and its label bears thename of the food specified in the definitionand standard, and, in so far as may be re-

quired by such rule, the common names ofoptional ingredients, other than spices, flavor-

ing and coloring present in such food. 8) If it purports to be or is represented as

a food for which a standard of quality hasbeen prescribed by rule as provided by ORS616.230 and its quality falls below the standards such rule specifies, a statement that itfalls below such standard.

9) If it is a food for which a standard orstandards of fill of container have been pre-

scribed 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 rulespecifies, a statement that it falls below suchstandard.

10) If it is not subject to the provisions ofsubsection ( 7) of this section, unless its labelbears:

4) If its container is so made, formed or ( a) The common or usual name of the food,

filled as to be misleading. if any there be; and

908

SUPERSEDED


b) In case it is fabricated from two ormore ingredients, the common or usual nameof 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 thatcompliance with the requirements of paragraph ( b) of this subsection is impractical orresults in deception or unfair competition, exemptions shall be established by rule promulgated by the department.

11) If it purports to be or is representedfor special dietary uses, unless its label bearssuch information concerning its vitamin, mineral and other dietary properties as thedepartment determines to be, and by ruleprescribed as, necessary in order to fully in- form purchasers as to its value for such uses.

12) If it bears or contains any artificialflavoring, artificial coloring or chemical preservative, unless it bears labeling stating thatfact. To the extent that compliance with therequirements of this subsection is impractica-

ble, exemptions shall be established by rulepromulgated by the department. This subsection and subsections ( 7) and ( 10) of this section with respect to artificial coloring do notprohibit the use of harmless coloring matterin butter, cheese or ice cream. The provisionsof this subsection with respect to chemicalpreservatives do not apply to a pesticide chemical when used in or on a raw agriculturalcommodity which is the product of the soil.

13) If it is a raw agricultural commoditywhich is the product of the soil, bearing orcontaining a pesticide chemical applied after

harvest, unless the shipping container of suchcommodity bears labeling which declares thepresence of such chemical in or on such commodity and the common or usual name andthe function of such chemical. However, nosuch declaration is required while such com-

modity, having been removed from the shipping container, is being held or displayed forsale at retail out of such container in accordance with the custom of the trade.

14) If following the labeled directions orinstructions on the product in using it as afood ingredient will result in the final foodbeing adulterated or misbranded.

15) If it is a color additive, unless itspackaging and labeling are in conformity withthe packaging and labeling requirementsapplicable to such color additive prescribedunder the provisions of the federal Act.

16) If it has been salvaged, unless it bearslabeling or notification stating that fact. Forthe purposes of this subsection, " salvaged"

means the reconditioning, repacking, relabeling, cleaning or culling of foods that havebeen damaged or adulterated as a result offire, storm, flood, water, smoke, chemicals, radiation or commercial transit accident.

Amended by 1953 c.267 §2; 1973 c.227 §8; 1973 c.563 § 11

616.255 [Repealed by 1973 c.227 §9 ( 616.256 enactedin lieu of 616.255)]

616.256 Labeling exemption for foodsto be repackaged. The department may byrule exempt from any of the labeling requirements of ORS 616.205 to 616.385, food whichis, in accordance with the practice of thetrade, to be processed, labeled or repacked insubstantial quantities at establishments other

than those where originally processed orpacked. Such exemptions shall be conditionedupon the fact that such food is not adulteratedor misbranded under the provisions of ORS

616.205 to 616.385, upon the removal fromsuch processing, labeling or repacking establishment. [1973 c.227 § 10 ( enacted in lieu of 616.255)]

616260 [Repealed by 1973 c.227 §261

616.265 When advertisement deemedfalse. An advertisement of a food shall bedeemed to be false if it is false or misleadingin any particular.

616.270 Determining when label oradvertisement misleading. If any article isalleged to be misbranded because the labelingis misleading, or if any advertisement is alleged to be false because it is misleading, thenin determining whether the labeling or advertisement is misleading, there shall be takeninto account, among other things, not onlyrepresentations made or suggested by statement, word, design, device, sound or in anycombination thereof, but also the extent towhich the labeling or advertisement fails toreveal facts material in the light of such representations or material with respect to conse-

quences which may result from the use of thearticle to which the labeling or advertisementrelates under the conditions of use prescribed

in the labeling or advertisement thereof orunder such conditions of use as are customaryor usual.

616.275 Liability for dissemination offalse advertisement. No publisher, radio

broadcast licensee or agency or medium forthe dissemination of an advertisement, except

411R]

SUPERSEDED

Al R296 FOOD AND OTHER, COMMODITIES

the manufacturer, packer, distributor or sellerof the article to which a false advertisementrelates, is liable under this section by reasonof the dissemination by him of such falseadvertisement, unless he has refused, on therequest of the department, or its authorizedrepresentative, to furnish the department thename and post -office address of the manufacturer, packer, distributor, seller or advertising

agency who caused him to disseminate theadvertisement.

616.280 [Repealed by 1961 c.637 §171

616.285 [Repealed by 1973 c.227 § 11 ( 616 286 enacted in lieu of 616.285)]

616.286 Inspection and investigation

powers of department. ( 1) For purposes of

enforcement of ORS 616.205 to 616.385, the

department or any of its authorized representatives are authorized upon presentation of

appropriate credentials to the owner, operator

or agent in charge:

a) To enter at reasonable times any foodestablishment or warehouse in which food is

being held for introduction into commerce orvehicle being used to transport, hold or intro- duce such food in commerce.

b) To inspect at reasonable times andwithin reasonable limits such food establishment, warehouse or vehicle and all pertinent

equipment, finished and unfinished materials,

containers and labeling therein, and to obtainsamples necessary to the enforcement of ORS616.205 to 616.385.

c) To have access to and to copy allrecords of carriers in commerce showing themovement in commerce of any food or theholding thereof during or after such movement, and the quantity, shipper and consigneethereof. Evidence obtained under the authori-

ty of this paragraph shall not be used in acriminal prosecution of the person from whomobtained and carriers shall not be subject toother provisions of ORS 616.205 to 616.385 byreason of their receipt, carriage, holding ordelivery of food in the usual course of businessas carriers.

2) Upon completion of any inspection of afood establishment, warehouse or vehicle, and

prior to leaving the premises, the authorizedrepresentative of the department making theinspection shall furnish to the owner, operator

or agent in charge a written report setting

forth any conditions or practices observed bysuch representatives which in his judgment

indicate that any food in such establishment, warehouse or vehicle:

a) Consists in whole or in part of any

filthy, putrid or decomposed substance; orb) Has been prepared, packed or held, in

whole or in part, under insanitary conditionswhereby it may have become contaminatedwith filth or whereby it may have been rendered injurious to health.

3) If the authorized representative of the

department making any inspection of a foodestablishment, warehouse or vehicle has obtained samples in the course of such inspection, upon completion of the inspection and

prior to leaving the premises, he shall furnishto the owner, operator or agent in charge a

receipt describing the samples obtained, andshall tender or offer payment therefor.

4) If samples are obtained as provided insubsection (3) of this section, and analyses are

made of such samples for the purpose of ascer-

taining whether such food consists in whole orin part of any filthy, putrid or decomposedsubstance or is otherwise unfit for food, a copyof the results of such analyses shall be furnished by the department to the owner, operator or agent in charge. [ 1973 c.227 § 12 ( enacted in

lieu of 616.285)]

616.290 [ Repealed by 1973 c 227 § 261

616.295 Reports and information

issuable by department. (1) The departmentmay cause to be published from time to timereports summarizing all judgments, decreesand court orders which have been renderedunder ORS 616.205 to 616.295, 616.305 to616.315, and 616.992, including the nature ofthe charge and the disposition thereof.

2) The department also may cause to bedisseminated such information regarding foodas the department deems necessary in theinterest of public health and the protection of

the consumer against fraud.

3) Nothing in this section shall be construed to prohibit the department from collect-

ing, reporting and illustrating the results ofits investigations. [ Amended by 1973 c.227 § 131

616.300 [ Repealed by 1953 c.686 §371

616.305 District attorney to prosecuteviolations. The district attorney of each county to whom the department or its authorizedrepresentative reports any violation of ORS616.205 to 616.295 or 616.305 to 616.315 shallcause appropriate proceedings to be instituted

910

SUPERSEDED


in the proper courts without delay and to be exaggerate the amount of the commodityprosecuted in the manner required by law. contained in the package.

616.310 Notice or warning of minorviolations. Nothing in ORS 616.205 to616.295, 616.305 to 616.315 and 616.992 shallbe construed as requiring the department toreport for the institution of proceedings underthose sections minor violations of those sections whenever the department believes that

the public interest will be served adequatelyin the circumstances by a suitable writtennotice or warning. [Amended by 1973 c.227 § 141

616.315 Jurisdiction of courts. Justicecourts and district courts have concurrentjurisdiction with the circuit courts for theenforcing of the provisions of ORS 616.205 to616.295, 616.305 to 616.315 and 616.992. Amended by 1973 c.227 § 151

616.320 Short title. ORS 616.205 to616.385 may be cited as the Oregon Food Law.

616.325 Consumer commodity labeling requirements; restrictions on consumer commodity distribution; rulemaking; conformance to federal standards. ( 1) All

labels of consumer commodities shall conformto such requirements for the declaration of net

quantity of contents as the department by rulemay prescribe. In carrying out the provisionsof this subsection, the department shall consider the requirements and exemptions provided in the federal Fair Packaging and La- beling Act, 15 U.S.C. 1451, et seq., as amended, and the rules promulgated pursuant there- to.

2) The label of any package of a consumercommodity which bears a representation as tothe number of servings of such commoditycontained in such package shall bear a statement of the net quantity, in terms of weight, measure or numerical count, of each such

serving.

3) No person shall distribute or cause tobe distributed in commerce any packagedconsumer commodity if any qualifying wordsor phrases appear in conjunction with the

separate statement of the net quantity ofcontents required by subsection ( 1) of this

section, but nothing in this subsection prohibits supplemental statements, at other placeson the package, describing in nondeceptiveterms the net quantity of contents. Such supplemental statements of net quantity of contents shall not include any term qualifying aunit of weight, measure or count that tends to

911

4) Whenever the department determinesthat rules containing prohibitions or requirements other than those prescribed by subsection (1) of this section are necessary to preventthe deception of consumers or to facilitatevalue comparisons as to any consumer commodity, the department shall promulgaterules with respect to that commodity which:

a) Establish and define standards for thecharacterization of the size of a package inc-

losing any consumer commodity, which maybe used to supplement the label statement ofnet quantity of contents of packages contain-

ing such commodity. This paragraph shall notbe construed as authorizing any limitation onthe size, shape, weight, dimensions or number

of packages which may be used to inclose anycommodity;

b) Regulate the placement upon anypackage containing any consumer commodityor upon any label affixed to such commodity, of any printed matter stating or representingby implication that such commodity is offeredfor retail sale at a price lower than the ordi-

nary and customary retail sale or that a retail

sale price advantage is accorded to purchasersthereof by reason of the size of that packageor the quantity of its contents;

c) Require that the label on each packageof a consumer commodity bear the common orusual name of such consumer commodity, ifany, and in case such consumer commodityconsists of two or more ingredients, the common or usual name of each such ingredient

listed in order of decreasing predominance. However, nothing in this paragraph requiresthat any trade secret be divulged; or

d) Prevent the nonfunctional slack -fill ofpackages containing consumer commodities.

5) For the purposes of paragraph ( d) ofsubsection ( 4) of this section, a package isnonfunctionally slack - filled if it is filled tosubstantially less than its capacity for reasonsother than protection of the contents of suchpackage or the requirements of machines usedfor inclosing the contents in such package. The department may adopt any rules promulgated by the Federal Government pursuant tothe federal Fair Packaging and Labeling Act, 15 U.S.C. 1451, et seq. [ 1973 c.227 § 24; 1975 c 304

15]

SUPERSEDED


616.330 Alcoholic beverage exemption. ORS 616.205 to 616.215, 616.225 to

616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.341, 616.350 to 616.366, 616.790, 616.992 and this section do not apply to alcoholic beverages. [1973 c.227 § 25a]


616.333 Diethlystilbestrol use in food; label. (1) A retail or wholesale food distribu-

tor shall place a warning label on food containing diethylstilbestrol.

2) The label shall state: " WARNING:

This product contains diethylstilbestrol (DES), a synthetic hormone. Studies associate consumption of DES with vaginal cancer andmale genital abnormalities."

3) As used in this section, " food" means

fruits, vegetables, meats, poultry, eggs, dairyproducts and other natural and processed

products offered for sale for human or animalconsumption. [ 1979 c.268 § 41

PESTICIDE CHEMICALS ANDFOOD ADDITIVES

616.335 Definition for ORS 616.335 to616.385. As used in ORS 616.205 and 616.335to 616.385, " experts qualified by scientifictraining and experience to evaluate the safetyof food additives" or similar phrases mean

individuals with sufficient training and experience in biology, medicine, pharmacology, physiology, toxicology, veterinary medicine orother appropriate sciences to recognize and

properly evaluate the behavior and effects ofchemical substances upon the body of man oranimals when such substances are taken into

the body as food additives. [1961 c.637 § 141

616.340 [ 1961 c.637 § 4; repealed by 1973 c.227 § 16616.341 enacted in lieu of 616.340)]

616.341 Use of poisons, pesticides or

food additives restricted. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a rawagricultural commodity or any color additive,

with respect to any particular use or intendeduse, shall be considered unsafe for the purposeof application of ORS 616.235 unless there isin effect a rule promulgated pursuant to ORS

616.366 limiting the quantity of such substance, and the use or intended use of such

substance conforms to the terms prescribed by

such rule. While such rule relating to suchsubstance is in effect, a food shall not, byreason of bearing or containing such substance in accordance with the rule, be considered adulterated within the meaning of ORS616.235. [ 1973 c.227 § 17 ( enacted in lieu of 616.340)]

616.345 Rules and regulations gov-

erning use of pesticide chemicals. ( 1) The

department shall promulgate regulations

establishing tolerances for pesticide chemicalsor exempting them from the necessity of atolerance as provided by ORS 616.341 withrespect to the presence in or on raw agricultural commodities of poisonous or deleteriouspesticide chemicals and of pesticide chemicals

which are not generally recognized, among

experts qualified by scientific training andexperience to evaluate the safety of pesticidechemicals, as safe for use, to the extent neces-

sary to protect the public health. In promulgating such regulations, or regulations authorized by ORS 616.355, the departmentshall give appropriate consideration to but notbe limited by:

a) The necessity for the production of anadequate wholesome and economic food supply.

b) The other ways in which the consumer

may be affected by the same pesticide chemical or by other related substances that arepoisonous or deleterious.

c) The laws and regulations of the UnitedStates and other states.

d) The opinions of recognized experts and

governmental agencies in the field of pesticidechemicals.

2) The department shall promulgate

regulations exempting any pesticide chemical

from the necessity of a tolerance with respectto use in or on all raw agricultural commodi-

ties when such tolerance is not necessary toprotect the public health.

3) Any person who has registered, or whohas submitted an application for the registration of, an economic poison or pesticide with

the department as required by law, may filewith the department a petition as authorized

by ORS 183.310 to 183. 500, proposing thepromulgation of a regulation establishing atolerance for a pesticide chemical which con-

stitutes, or is an ingredient of such economic

poison or pesticide, or exempting the pesticidechemical from the requirement of a tolerance.

The petition shall contain data showing:

912

SUPERSEDED


a) The name, chemical identity, and com- to accomplish the physical or other technicalposition of the pesticide chemical; effect for which such additive is intended.

b) The amount, frequency, and time ofapplication of the pesticide chemical;

c) Full reports of investigations madewith respect to the safety of the pesticidechemical;

d) The results of tests on the amount ofresidue remaining, including a description ofthe analytical method used;

e) Practicable methods of removing residue which exceeds any proposed tolerance;

f) Proposed tolerances for the pesticidechemical if tolerances are proposed; and

g) Reasonable grounds in support of thepetition. Samples of the pesticide chemicalshall be furnished to the department uponrequest. [ 1961 c.637 § 5; 1975 c.304 § 16]

616.350 Control of food additives. Thedepartment, for the protection of the healthand life of animals or the people of this state, may take measures to control, limit or prohibit the use or intended use, or the presence offood additives. It may promulgate rules relating thereto. Such rules may prescribe for anyreason as set forth in this section, that anyfood additive is unsafe within the meaning ofparagraph ( b) of subsection ( 1) of ORS616.235. In promulgating rules under theprovisions of this section the authority of thedepartment includes:

1) Providing for an exemption from theoperation of ORS 616.335 to 616.385 of theuse or intended use of a specific food additive.

2) Prescribing, with respect to one ormore proposed uses of the food additive involved, the conditions under which such additive may be safely used including but notlimited to, specifications as to the particularfood or classes of food in or in which such

additive may be used, the maximum quantitywhich may be used or permitted to remain inor on such food, the manner in which suchadditive may be added to or used in or on suchfood, and any directions or other labeling orpackaging requirements for such additive

deemed necessary to assure the safety of suchuse.

3) Establishing and prescribing tolerances, if appropriate, to assure that the proposeduse of a food additive will be safe. The department shall not:

a) Fix such tolerance limitation at a level

higher than it finds to be reasonably required

b) Establish a rule for such proposed useif it finds upon a fair evaluation of the databefore it, that such data does not establishthat such use would accomplish the intendedphysical or other technical effect.

4) Prescribing for the exemption from therequirements of this section any food additive, and any food bearing or containing such additive, intended solely for investigational use byqualified experts when in the opinion of the

department, such exemption is consistent withthe public health. [ 1961 c.637 § 8; 1973 c.227 § 181

616.355 Enforcement procedure forviolation of ORS 616.341, 616.345 or

616.350. ( 1) Whenever the department determines under the provisions of ORS 616.341,

616.345 or 616.350 the fact that a product orfood does or may seriously endanger or affectthe health or life of animals or people, byreason of the addition to or the application of

a pesticide chemical or other poisonous or

dangerous chemical, substance or material inor on such product or food, the department is

authorized and is directed to take or carry outany measure, action or procedure necessaryfor the protection of the health or life of animals or people.

2) The order, rules promulgated thereunder or amendments thereto, may include:

a) Seizing, embargoing and quarantiningsuch product or food in accordance with theapplicable provisions of ORS 561.605 to561. 630.

b) Prohibiting temporarily or permanently the sale, offer for sale or the disposing ofsuch product or food.

c) Requiring reconditioning, processing orreprocessing, relabeling or other procedures asset out in ORS 561. 605 to 561. 625 before such

product or food may be sold, offered for sale ordisposed of for consumption by animals orpeople.

d) Requiring such product or food to bedestroyed without indemnity if it is verified itis unfit or unsafe for consumption by animalsor people. [ 1961 c 637 § 6; 1973 c.227 § 19; 1975 c.30417]

616.360 Standards for rules. In the

promulgation of rules under ORS 616.341,

616.345, 616.350, 616.366 and 616.380, thedepartment shall give appropriate consideration to:

913

SUPERSEDED


1) Measures and procedures required to

protect the health and life of animals and the

people of this state.

2) The laws of other states.

3) The laws of the United States. Thedepartment's rules shall conform in so far aspracticable with, but shall not be more restrictive than, the laws and rules of the Federal

Food and Drug Administration. 4) The opinions of recognized experts and

governmental agencies in the field of foodadditives. [ 1961 c.637 § 9; 1973 c.227 § 201

4) In adopting, amending or repealingsuch rules the department shall consider,

among other relevant factors, the followingwhich the petitioner, if any, shall furnish:

a) The name and all pertinent informa-

tion concerning such substance, includingwhere available, its chemical identity andcomposition;

b) A statement of the conditions of the

proposed use including directions, recommendations and suggestions;

c) Specimens of proposed labeling; 616.365 [ 1961 c.637 § 10; repealed by 1973 c.227 § 21 ( d) All relevant data bearing on the physi-

616 366 enacted in lieu of 616.365)] cal or other technical effect and the quantity

616.366 Rules for use of poisons, pesticides, food or color additives; matters tobe considered. (1) The department, whenever public health or other considerations in thisstate so require, is authorized to adopt, amendor repeal rules whether or not in accordancewith rules promulgated under the federal Act,

prescribing therein tolerances for: a) Any added, poisonous or deleterious

substances;

b) Food additives;

c) Pesticide chemicals in or on raw agricultural commodities; or

d) Color additives.

2) Such authority includes but is notlimited to:

a) Zero tolerances, and exemptions fromtolerances in the case of pesticide chemicals inor on raw agricultural commodities;

b) Prescribing the conditions under whicha food additive or a color additive may besafely used; and

c) Exemptions where such food additive

or color additive is to be used solely for investigational or experimental purposes.

3) Such rules may be promulgated uponthe department's own motion or upon the

petition of any interested party requestingthat such rules be promulgated. It is incum- bent upon a petitioner to establish by datasubmitted to the department that a necessityexists for such rule, and that its effect will notbe detrimental to the public health. If the data

furnished by the petitioner is not sufficient toallow the department to determine whethersuch rule should be promulgated, the depart-

ment may require additional data be submitted and failure to comply with the requestshall be sufficient grounds to deny the request.

required to produce such effect;

e) The probable composition of any substance formed in or on a food resulting fromthe use of such substance;

f) The probable consumption of such

substance in the diet of man and animals

taking into account any chemically or phar- macologically related substance in such diet;

g) The safety factors which, in the opinion of experts qualified by scientific trainingand experience to evaluate the safety of suchsubstances for the use or uses for which theyare proposed to be used, are generally recognized as appropriate for the use of animalexperimentation data;

h) The availability of any needed practicable methods of analysis for determining the

identity and quantity of such substance in oron an article, any substance formed in or onsuch article because of the use of such sub-

stance, and the pure substance and all inter- mediates and impurities; and

i) Facts supporting a contention that theproposed use of such substance will be a use- ful one. [ 1973 c.227 § 22 ( enacted in lieu of 616 365)]

616.370 [ 1961 c.637 § 11; repealed by 1973 c.227 § 261

616.375 [ 1961 c.637 § 12; repealed by 1973 c.227 §261

616.380 Enforcement procedure forcontrol of food additives. Whenever thedepartment determines the fact that a product

or food containing a food additive is or mayseriously endanger or affect the health or lifeof animals or people, it may seize, embargoand quarantine such product or food, or takeother necessary procedures or action as authorized by ORS 616.355 for the regulationand control of pesticide chemicals or other

poisonous or dangerous chemicals. [ 1961 c.637

13]

914

SUPERSEDED


616.385 Public hearing required forregulations. All regulations promulgated

under ORS 616.335 to 616.385 shall only bepromulgated after public hearing and shall bein accordance with the applicable provisions ofORS 183.310 to 183.500. [ 1961 c.637 § 151

616.405 [Renumbered 632.9001

616.410 [Renumbered 632.9051

616.415 [Renumbered 632.910]

616.420 [Renumbered 632.9151

616.425 [Renumbered 632.9201

616.430 [Renumbered 632.9251

616.435 [Renumbered 632.9301

616.440 [Renumbered 632.9351

616.445 [ Amended by 1973 c.587 § l; renumbered632.940]

616.450 [Renumbered 632.9551

616.455 [Renumbered 632.9601

616.460 [ Renumbered 632 9651

616.465 [Renumbered 632.9701

616.470 [Renumbered 632.9751

616.475 [Renumbered 632.9801

616.480 [ Amended by 1955 c.363 § 14; renumbered632.985]

616.505 [ Renumbered 632.4501

616.510 (Renumbered 632.4551

616.515 [Renumbered 632.4601

616.520 (Renumbered 632.4651

616.525 [Renumbered 632.4701

616.530 [Renumbered 632.4751

616.535 [Renumbered 632.480]

616.540 [Renumbered 632.4851

616.545 [ Renumbered 632 490]

616.550 [Repealed by 1963 c.461 §341

616.605 [ Amended by 1965 c. 13 § l; 1971 c.318 § l; renumbered 632.2751

616.610 [Renumbered 632.280]

616.615 [ Renumbered 632.2851

616.620 [Renumbered 632.2901

616.625 [Repealed by 1965 c. 107 §71

616.630 [Repealed by 1965 c. 107 §71

616.635 [Repealed by 1965 c. 107 §71

616.640 [Repealed by 1965 c. 107 § 71

SANITARY REGULATIONSFOR FOOD AND FOOD

ESTABLISHMENTS

616.695 Definitions for ORS 616.695 to616.755. As used in ORS 616.695 to 616.755, unless the context requires otherwise:


2) " Food establishment" means:

a) Any room, building, structure or place, used or intended for use, or operated for stor-

ing, preparing, compounding, manufacturing, processing, freezing, packaging, distributing, handling, salvaging or displaying food.

b) The ground upon which such place orbusiness is operated or used and so muchground adjacent thereto as is also used in

carrying on the business of the establishment. The department may prescribe such additionalarea or places which, although they may notbe contiguous or adjacent to the above area orestablishment, may be included therein.

c) Vehicles, machinery, equipment, utensils, tools, fixtures, implements, and all other

articles or items, used in operating or carryingon the business of a food establishment.

3) " Food" means any article used, orintended to be used, for food, drink, confectionor condiment, whether simple or compound, or

any part or ingredient thereof or in the preparation thereof, and for human consumption.

4) " Salvaging" means the business of

reconditioning, repacking, relabeling, cleaning or culling of foods that have been damaged or adulterated as a result of fire, storm,

flood, water, smoke, chemicals or commercialtransit accident. [ 1965 c.501 § 1; 1975 c.389 § 11

616.700 Department to enforce sanitation requirements for food and foodestablishments. ( 1) The department shallenforce the provisions of ORS 616.695 to

616.755 and adopt rules necessary therefor inaccordance with the applicable provisions of

ORS 183. 310 to 183. 500, to insure and verifythat:

a) Food establishments are constructedand maintained in a clean, healthful andsanitary condition. This shall include floors, walls, ceilings, doors, windows, lighting andventilation, toilet and lavatory facilities, water supply, separation or partitioning ofrooms, health and cleanliness of personnel,

cleanliness and sanitation of surroundingpremises, disposal of all waste and sewage

915

SUPERSEDED


material, insect and rodent control, construc-

tion and sanitation of equipment and utensils,

ventilation, lighting and prohibition of petstherein; provided, however, that ORS 616.695

to 616.755 shall not be applied to prevent

licensing and operation of a food establishment solely because such establishment is inan area which is part of and not separate froma domestic kitchen if the establishment isupon investigation by the department found tobe constructed and maintained in a clean,

healthful and sanitary condition. b) Food establishments maintain time

and temperature controls, indicating andrecording thermometers and indicating pressure gauges for pressure cookers and retorts, minimum temperature and time period stan-

dards for cooking foods, and other facilitiesnecessary to carry out the intent and purposeof ORS 616.695 to 616.755.

c) Food dispensed, transported, sold, heldfor sale, stored, salvaged or displayed, is not

filthy, decomposed, putrid, unsafe, contaminated, deleterious to health, unfit, unwhole-

some, unclean, insanitary or diseased. 2) Food establishments in operation as of

January 1, 1966, and who are licensed on suchdate, shall be given a reasonable period of

time thereafter by the department to complywith major construction or alterations found

to be necessary to carry out the intent andpurpose of ORS 616.695 to 616.755. The provi-

sions of this subsection do not apply to anymeasure or procedure, including construction, found to be necessary by the department, ifthere is or may be a serious immediate dangerto the health of the persons affected by suchdelay or as a result of such delay. [ 1965 c.501 § 2;

1971 c 131 § 1; 1975 c.389 §2]

616.705 [Repealed by 1965 c.501 § 101

616.706 Issuance, suspension and

revocation of licenses; status; posting;

cancellation. (1) Except as otherwise provid-

ed in ORS 616.695 to 616.755, no person shalloperate a food establishment without first

obtaining and thereafter maintaining a license therefor. Application for a license shall

be made in writing to the department onforms prescribed by the department. Eachlicense shall expire on December 31 next

following its date of issuance. The license feeis $ 25. Duplicate copies may be issued for $ 1per copy-

2) The department may, subject to theapplicable provisions of ORS 183.310 to

183. 500, suspend, revoke or refuse to issue

such license or a license as prescribed in subsection ( 1) of ORS 616.711 if the licensee has

violated any of the provisions of ORS 616.695to 616.755 or regulations prescribed thereunder.

3) A license is personal to the applicant

and may not be transferred. A new license isnecessary if the business entity of the licenseeis changed, or if the membership of a partnership is changed, irrespective of whether or notthe business name is changed.

4) The license shall cover all operations of

the person licensed thereunder, under one

entity or ownership. With prior approval ofthe department, the location of a licensed foodestablishment, or any part thereof, may bemoved without the requirement of a new

license if there is no change in the ownershipor business entity.

5) The license shall be posted in a conspicuous place in the main office of the foodestablishment. Duplicate copies of the license

shall be conspicuously posted in branch offices, warehouses and other places owned or

operated by the licensee at locations otherthan the main office. A license is automatical-

ly canceled if the food establishment ceases ordiscontinues operations or business. [ 1965 c.501

3; 1975 c.389 §3; 1979 c. 183 §21

616.710 [Repealed by 1965 c.501 § 101

616.711 Where licenses not required;

when ORS 616.695 to 616.755 not applica-

ble. (1) No license or duplicate of a license, asprescribed in ORS 616.706, is necessary for:

a) Retail food stores.

b) Warehouses where packaged foods are

only stored, if no food is prepared, compounded, manufactured, processed, packaged or

displayed.

c) Building or food establishments wherethe principal activity is the receiving, storage, sorting, cleaning and packing of fresh fruitsand vegetables.

2) All provisions of ORS 616.695 to

616.755 other than licensing apply to foodestablishments set forth in subsection ( 1) ofthis section.


616.755 do not apply to:"

a) Restaurants, commissaries, vending

machines and mobile food and beverage unitslicensed under ORS 624.010 to 624.120, 624.310 to 624.440 or those which are exempt-

ed under ORS 624.330.

916

SUPERSEDED


b) Food service facilities not preparingfood for distribution to the public or to institu-

tional facilities licensed and regulated by theHealth Division.

c) Shellfish operations licensed underORS chapter 622.

d) Ice manufacturing facilities regulatedunder ORS chapter 627.

e) A person processing, manufacturing orpackaging food for his family use or consumption.

f) Commercial transit salvage operations

not involving sale of food to the general public. [ 1965 c.501 § 4; 1973 c.423 § 1; 1975 c.389 §41

616.715 [Repealed by 1965 c.501 § 101

616.716 When inspection required;

ORS 616.695 to 616.755 in addition to otherlaws. (1) Except as provided in subsection ( 2)

of this section, the department may inspectthe applicant's food establishment and shallnot issue a license until or unless such establishment is in compliance with the provisionsof ORS 616.695 to 616.755 and regulationspromulgated thereunder.

2) All food establishments in operation on

January 1, 1966, who have prior thereto filedan application and paid the license fee, shall

be issued licenses without the necessity ofprior department inspection required undersubsection ( 1) of this section. Except as other-

wise provided by law, such food establishments shall thereafter be in compliance withthe provisions of ORS 616.695 to 616.755.

Food establishments in operation on January1, 1966, whose application and fee were not

received by the department until on or aftersuch date, and all new food establishmentsthereafter, shall be subject to the provisions ofsubsection ( 1) of this section.

3) The provisions of ORS 616.695 to616.755 are in addition to and not in lieu of all

other laws relating to food and to food establishments. [ 1965 c. 501 § 5; 1975 e. 389 §51

616.720 [Repealed by 1965 c.501 § 101

616.721 Exemptions from ORS

616.695 to 616.755. ( 1) Except as provided in

subsection (6) of this section, the provisions of

ORS 616.695 to 616.755 do not apply to a foodestablishment that is subject to and is beinginspected by a federal agency.

2) To be exempt from the provisions ofORS 616.695 to 616.755 as set forth in subsection ( 1) of this section, a person shall file an

application for such exemption on forms pre-

scribed by the department.

3) An applicant for renewal of a license,

or any person operating under an exemption

approved by the department, shall file anapplication for exemption with the department prior to December 15 of each year, cover-

ing the subsequent year of operation.

4) An applicant to operate a new food

establishment shall file an application and

receive approval thereof, if any, prior to start- ing such business.

5) Unless exempt from licensing as provided in ORS 616.711, food establishments

exempt from certain provisions of ORS616.695 to 616.755 as authorized in this section, shall be subject to the provisions of ORS616.706 and shall be required to obtain and

maintain licenses thereunder. [ 1965 c.501 § 6;

1975 c.389 §61

616.725 [Repealed by 1965 c. 501 § 101

616.726 City regulation of food andfood establishments authorized; depart-

ment to examine city regulation for adequacy. (1) The provisions of ORS 616.695 to

616.755 do not prohibit any city from enactingand enforcing any ordinance establishing asystem, program, inspection services and

licensing thereunder, within the corporate

limits or boundaries thereof, which carries out

the purposes and intent of ORS 616.695 to616.755, if the same is at least equal to theprovisions of ORS 616.695 to 616.755 and

regulations promulgated thereunder. A copyof each such ordinance, including any amendment thereof, shall be forwarded by the city tothe department.

2) Not less than once each two years thedepartment shall investigate the ordinanceand determine if it meets the requirementsand standards of subsection ( 1) of this section

and if such system, program and inspections

thereunder are being properly carried out andenforced. If the department finds such program, system and inspections do not meet

these requirements and standards, it shall

give written notice of such finding to the chiefadministrative officer of the city.

3) If the department thereafter finds, not

less than 30 days after the date of givingnotice, that such system, program and inspec-

tions continue to fail to be enforced properlyor are not carrying out the intent and purposes of ORS 616.695 to 616.755, the depart-

ment shall make a finding to that effect and

917

SUPERSEDED


thereupon the provisions of ORS 616.695 to

616.755 shall become applicable to all persons

and food establishments within the corporate

limits of such city. [ 1965 c.501 § 7; 1975 c.389 § 71

616.730 [Repealed by 1965 c.501 § 101

616.731 Deposit and use of fees and

money. The department shall deposit all feespaid to it under this chapter in the Depart-

ment of Agriculture Service Fund. Such fees

are continuously appropriated to the department for the purpose of administering andenforcing the provisions of this chapter. [ 1965c.501 §8; 1975 c.389 §8; 1979 c.499 §201

616.735 When insanitary conditionsexist. A food establishment shall be consid-

ered unclean, unhealthful and insanitary if:

1) Food in the food establishments is notprotected from adulteration as defined in ORS

616.235, as required by the department; 2) The refuse, dirt and waste products,

subject to decomposition or fermentationincident to the operation of the food establish-

ment are not removed as required by thedepartment;

3) All trunks, trays, boxes, baskets, buck-

ets, or other receptacles, chutes, platforms,

racks, troughs, shelves and all knives, saws,

cleavers and other utensils and machineryused in operation of the food establishment

are not thoroughly cleaned as required by thedepartment;

4) Proper toilet and lavatory facilities arenot provided for employes, or not maintained

and kept in a clean and sanitary condition; or

5) The clothing and persons of operatives, employes, clerks or other persons therein

employed are unclean. [ Amended by 1975 c.389 §91

616.740 Condemnation where insamL

tary conditions exist. ( 1) Whenever the

department determines that any floor, side - wall, ceiling, locker, closet, furniture, receptacle, implements or machinery of any foodestablishment is kept in an unclean, un-

healthful or insanitary condition, the department shall:

a) Notify the owner or person in charge ofsuch food establishment that such food establishment shall not be used for such purposes

until it is put in a sanitary condition by making the changes ordered by the department inthe notice; and

b) Post a notice upon the food establishment found in an unclean, unhealthful or

insanitary condition, to the effect that it iscondemned for further use on account of the

unclean, unhealthful or insanitary condition.

2) The notice shall not be removed from

any such food establishment until the samehas been put in a sanitary condition. A continued use of such food establishment without

making the changes ordered, or unauthorizedremoval of the notice is a violation of this

section. [ Amended by 1975 c.389 § 101

616.745 Handling of food by diseasedpersons prohibited. (1) The Health Division

may, by rule, define certain communicablediseases which may be spread to the publicthrough the handling of food in food establishments.

2) No owner or employer shall require,

permit or suffer any person to work, nor shallany person work, in a food establishment whois affected with a disease described in subsection ( 1) Of this section. [ Amended by 1973 c.829

55; 1975 c 389 § 11]

616.750 Procedure where food han-

dler suspected of disease. If the department

for reasonable cause believes that any personworking in any food establishment is affectedwith any infectious or contagious disease, thedepartment may require the person to beexamined by a competent physician and thatthe physician furnish the department with a

certificate stating whether upon examinationthe physician has found the person to be af-

fected with any infectious or contagious disease. If within five days after so required theperson has not furnished the department with

such a certificate by a competent physician, heis guilty of a violation of ORS 616.745 and thedepartment may apply to the circuit court toenjoin the person from continuing to work inthe food establishment until the certificate is

furnished. The circuit court hereby is authorized to issue the injunction. [ mended by 1975c.389 §12]

616.755 Securing information from

health officers. The department may, for thepurpose of enforcing the provisions of ORS616.745 and 616.750, request information

from any city, county or state health officer, bureau, board or commission within Oregon. Such officer, bureau, board or commission,

when so requested, shall furnish the depart-

ment any and all information which he or itmay have.

918

616.760 [Repealed by 1965 c.501 § 101

SUPERSEDED


616.765 [Repealed by 1965 c 501 § 107

616.770 [Repealed by 1965 c 501 § 101

STANDARDS OF QUALITY

AND IDENTITY FOR FLOURPRODUCTS

616.775 Definitions for ORS 616.775 to616.790. As used in ORS 616.775 to 616.790unless the context requires otherwise:

1) ` Bread," ` rolls" and " buns" have the

same meaning as they have in ORS 625.212. 2) " Flour," `white flour," `wheat flour,"

plain flour," " bromated flour," " self- risingflour," " self- rising white flour," " self- risingwheat flour," "phosphated flour," "phosphated

white flour" and " phosphated wheat flour"

have the same meaning as they have in thedefinitions and standards promulgated by theState Department of Agriculture pursuant toORS 616.780 and 625. 160.

3) " Macaroni products," " vegetable ma-

caroni products," " macaroni products made

with nonfat milk," " noodle products" and

vegetable noodle products" have the same

meaning as they have in the definitions andstandards promulgated by the State Depart- ment of Agriculture pursuant to ORS 616.780.

4) ` Enriched" as applied to any of theflours, macaroni products and noodle productsdefined in subsections ( 2) and ( 3) of this section means the addition of the vitamins, min-

erals and other nutrients necessary to makethat food conform to the definition and standards for enriched flour, enriched macaroniproducts and enriched noodle products pro-

mulgated by the State Department of Agricul- ture pursuant to ORS 616.780 and 625. 160. 1971 c. 176 §5; 1975 c.265 §37

616.780 Standards of quality or identity for flours, macaroni and noodle products. The State Department of Agricultureshall adopt and promulgate standards of iden-

tity or standards of quality for flours, macaroni products and noodle products pursuant to

the provisions of ORS 616.230 for those flours, macaroni products and noodle products forwhich definitions and standards have been

promulgated by authority of the UnitedStates. The definitions and standards so promulgated shall conform so far as practicable

to the definitions and standards promulgated

by authority of the United States and shallnot be inconsistent with definitions and stan-

dards promulgated by such authority. The

department shall periodically amend its definitions and standards so as to keep in harmonyas far as practicable with the definitions and

standards promulgated by authority of theUnited States. The other applicable provisions

of ORS 616.205 to 616.385 shall apply to suchflours, macaroni products and noodle products

and to any standards of identity or qualitypromulgated hereunder. [1971 c. 176 §47

616.785 Sale of unenriched flours, macaroni or noodle products prohibited;

certain products exempted. ( 1) It shall be

unlawful for any person to manufacture, mix, compound, sell or offer for sale for human

consumption any of the flours, macaroni products or noodle products specified in subsec-

tions ( 2) and ( 3) of ORS 616.775 unless theyare enriched.

2) Subsection ( 1) of this section shall not

apply to flours sold to distributors, commercialbakers, or other processors if such flours willbe:

a) Resold to a distributor, commercial

baker or other processor;

b) Used in the manufacture, mixing orcompounding of:

A) Enriched flour, enriched macaroni

products or enriched noodle products; or

B) Enriched breads, enriched rolls or

enriched buns as defined by subsection ( 3) ofORS 625.212; or

c) Used in the manufacture of a nonbak-

ery product such as specified in subsection (2) of ORS 625.010. [ 1971 c. 176 §67

616.790 Enforcement of ORS 616.775

to 616.790 by department; inspection; sampling, failure to permit inspection. (1) TheState Department of Agriculture shall enforce

ORS 616.775 to 616.790 and 616.992 and shallhave, in connection therewith, all the powers

conferred and imposed on it by law and anyother powers necessary or proper to enable itto enforce these sections.

2) For the purpose of ORS 616.775 to616.790 and 616.992 the State Department of

Agriculture, or such officers or employes ofthe department as are designated, is authorized:

a) To take food samples for analysis;

b) To conduct examinations and investigations;

c) To enter at reasonable times any factory, mill, bakery, warehouse, shop or establishment where any flour, bread, rolls, buns,

919

SUPERSEDED


macaroni products or noodle products specified

in ORS 616.780 are manufactured, processed,

packed, sold or held, or any vehicle being usedfor the transportation thereof; and

d) To inspect any such place or vehicleand any flours, breads, rolls, buns, macaroniproducts or noodle products specified in ORS616.780, and air pertinent equipment, materi-

als, containers and labeling.

e) To make reasonable rules and regula-

tions to carry out ORS 616.775 to 616.790, 616.992, 625. 160, 625.212 and 625.215, subject to the applicable provisions of ORS

183. 310 to 183.500. Such rules and regula-

tions shall be published as provided by ORS561. 190.

3) Refusal to furnish authorized officers

and employes of the State Department of

Agriculture, upon demand either personal or

in writing, with a sufficient sample for analysis of any food product specified in subsection2) of this section after tender of the market

price therefor is prima facie evidence thatsuch food is not enriched as required. [ 1971

c. 176 §7; 1973 c.227 § 25; 1975 c.265 § 41

OPEN DATE LABELING

616.800 Short title. ORS 616.800 to

616.835 and 616.994 may be cited as the OpenDate Labeling Law. [1973 c 173 § 21

616.805 Definitions for ORS 616.800 to616.835 and 616.994. As used in ORS 616.800to 616.835 and 616.994, unless the context

requires otherwise:

1) " Food" means any substance used orintended to be used for human consumption as

food, drink or condiment.

2) " Open date" means a date clearly visible to retail consumers showing the pull date, packing date or other date described in subsection (2) of ORS 616.835.

3) " Packing date" means the date specifying the time a perishable food was packagedin its final form for sale to the consumer.

4) " Perishable food" means any food thatmay spoil or otherwise become unfit for human consumption because of its nature, typeor physical condition. " Perishable food" in-

cludes, but is not limited to, fresh or processed

meats, poultry, seafood, dairy products, bakery products, eggs in the shell, and foods thathave been packaged or refrigerated. ORS

616.800 to 616.835 and 616.994 shall not

apply to fresh fruits or vegetables or to foodsthat have been canned or frozen.

5) " Pull date" means, whichever is earli-

er, the date specifying the time:

a) The perishable food manufacturer, processor or packager recommends that a

perishable food should be removed from retail

sale, allowing the consumer time for normalhome consumption or use under proper careand storage conditions; or

b) A perishable food should no longer beoffered for sale or sold as fresh. A perishable

food shall be considered fresh only so long assignificant changes in appearance, taste, odor,

nutritional value, or other indicia of quality orfitness for human consumption have not taken place or are not likely to have taken placeunder generally accepted food handling practices for that particular food. [ 1973 c 173 § 31

616.810 Exemption for alcoholic beverages. ORS 616.800 to 616.835 and 616.994

do not apply to alcoholic beverages. [ 1973 c. 1739]

616.815 Open date labeling requiredfor packaged perishable food sold at re-

tail. No person shall sell or offer for sale at

retail any packaged perishable food unless thepackage bears a clearly marked, printed orstamped label showing the open date for theperishable food in the package. Such labelshall be so designed and placed as to be clearlyvisible to the consumer. [1973 c. 173 § 41

616.820 Label required to be affixed

to package not later than time of deliveryto retail seller. (1) The perishable food manufacturer, processor or packager shall affix,

print or stamp the label required by ORS616.815 to the perishable food retail package

and to all closed shipping cartons, containersor wrappers of such perishable food packages

not later than the time of delivery of the perishable food packages to the retail seller.

2) No perishable food manufacturer,

processor or packager shall fail to comply withsubsection (1) of this section. [ 1973 c. 173 § 51

616.825 Sale of perishable food after

expiration of pull date prohibited; exceptions; time for removal of packages withexpired pull dates. (1) No person shall sell or

offer for sale at retail any packaged perishable food after the expiration of the open pull

date appearing on the label of the package orcontainer unless:

920

SUPERSEDED


a) The package has been separated frompackages of perishable food with open pull

dates that have not expired;

b) Each such package or group of packages is clearly identified in retail display ashaving an expired open pull date; and

c) The food is fit for human consumptionaccording to applicable state and federal law.

2) Notwithstanding the provisions of thissection, a vendor shall be allowed the firsteight business hours after the expiration ofthe open pull date within which to remove allpackages with an expired pull date. [ 1973 c. 173

6]

616.830 Altering labels or using nonconforming labels prohibited. No personshall:

1) Alter, deface or remove the open date

from any perishable food retail or shippingpackage carton, container or wrapper.

2) Label any perishable food retail orshipping package carton, container or wrapper

in a manner that does not conform to the rulespromulgated pursuant to ORS 616.835. [ 1973

c. 173 §71

616.835 Rulemalcing authority. In

accordance with any applicable provision ofORS 183.310 to 183. 500, the department, inconsultation with the industries affected,

shall promulgate rules to carry out ORS616.800 to 616.835 and 616.994. Such rulesshall include, but are not limited to:

a) Impractical or not meaningful becauseof the size of the package or the nature of theperishable food;

b) Possibly unconstitutional as interfer- ence with the free movement of goods in inter-

state commerce. [ 1973 c. 173 § 81

UNIT PRICING


1) " Consumer commodity" means any ofthe following items:

a) Food, including all material, solid,

liquid or mixed, whether simple or compound,

used or intended for consumption by humanbeings or domestic animals normally kept ashousehold pets, and all substances or ingredi-

ents to be added thereto for any purposes; b) Paper products, including napkins,

towels, facial tissues, toilet tissues, disposable

plates and cups;

c) Wrapping products, including thosemade of paper, plastic and aluminum; and

d) Soaps, detergents, cleaning aids, deo- dorizing aids, waxes and wax removers, disin- fectants, polishes and polish removers, bleach-

es, scouring pads and all other laundry andhousehold cleaning products.

2) " Grocery store or food market" meansany retail establishment or department thereof:

1) Establishing which particular foods ( a) That sells consumer commodities, theare subject to ORS 616.800 to 616.835 and gross annual receipts from the sale of which is616.994. 1. 5 million or more; and

2) Establishing which one or more of thefollowing types of open date is to be used forparticular groups or classes of perishable

foods:

a) The packing date. b) The pull date.

c) The date on which fowl, includingchickens, fryers, turkeys, ducks, geese andother domesticated birds, are killed or slaughtered to be processed into perishable food.

3) Specifying the size, content and formof the labeling information required by ORS616.800 to 616.835 and 616.994.

4) Exempting from the operation of ORS616.800 to 616.835 and 616.994 those perish-

able foods for which open date labeling wouldbe:

b) That is part of a chain system or contracts with a supplier or cooperative which

utilizes common purchasing, warehousing ordistribution facilities and the chain, coopera-

tive or supplier has computer hardware for

inventory control, ordering or pricing labels. 3) " Package" means any container or

wrapping in which any consumer commodityis inclosed for use in the delivery or display ofthat consumer commodity to retail purchasers.

4) " Unit retail price" means the retail

price of the contents of a package of any consumer commodity, expressed in terms of theretail price of such contents per single whole

unit of weight, volume, measure or count,

computed to the nearest 10th of a cent when

less than $ 1 and to the nearest cent when $ 1or more. [ 1977 c 181 § 3; 1979 c.827 § 11

921

SUPERSEDED


616.855 Items exempt from unit pric-

ing requirements. ORS 616.850 to 616.890do not apply to:

1) Fresh fruits and vegetables.

2) Products sold in quantities of one

avoirdupois ounce, or 28.35 grams or one fluidounce, or less.

3) Packaged consumer commodities that

may be lawfully sold only upon the written ororal direction of a licensed practitioner. As

used in this subsection, " practitioner" has the

meaning for the term provided in ORS689.005.

4) Alcoholic beverages that are subject tothe Federal Alcohol Administration Act.

5) Tobacco, cosmetics and personal care

products, hardware and household equipment.

6) Products sold in one size limit only, orin such manner that the department deter-

mines that no comparison is meaningful.

7) Consumer commodities sold for imme-

diate consumption on the premises.

8) Patent or proprietary medicines.

9) Products sold through coin- operated

vending machines or products sold by manualdistribution from mobile catering units toindividual consumers. [ 1977 c. 181 § 4; 1979 c777

57; 1979 c. 785 §6; 1979 c.827 § 4]

616.860 Unit pricing of packaged

consumer commodities required; explana-

tion to consumers. (1) Except as provided in

ORS 616.855 and 616.865, no person shall sell

or offer for retail sale at a grocery store orfood market any packaged consumer commodity unless there is clearly displayed upon thecommodity package or at a place in reasonableproximity to where the commodity is offeredfor sale a statement of the unit retail price of

the commodity pursuant to ORS 616.870 andthe total retail price of the commodity.

2) If the tag, stamp, sign or label used todisplay the unit retail price is not affixeddirectly to the consumer commodity, the tag, stamp, sign or label shall also contain thebrand name and the quantity or size of theproduct by weight, measure or count.

3) Whenever the department adopts administrative rules under ORS 616.875 where-

in formats and methods to explain unit pric-

ing are prescribed, such explanations of theuse of unit pricing shall be provided and displayed by each grocery store. [ 1977 c. 181 § 5; 1979

c.827 § 2]

616.865 Temporary sale items ex-

empt. When a packaged consumer commodityis sold or offered for sale at retail at a price

lower than the price at which the commodityis regularly sold or offered for sale, the retailseller is exempt from the requirements of

subsection ( 1) of ORS 616.860 as to such commodities unless the lower price is to be ineffect for more than 30 consecutive businessdays. [1977 c. 181 § 61

616.870 Prescribed pricing by unitsof measurement. Retail sellers of packaged

consumer commodities shall express unit

retail price statements in terms of the price

per single whole unit of weight, volume, mea-

sure or count as prescribed by administrativerules adopted by the department under ORS616.875 for particular consumer commodities

or groups for consumer commodities. [ 1977 x181

7; 1979 c 827 §31

616.875 Rules; retail establishments

presumed subject to unit pricing untilexempted by department. (1) In accordancewith any applicable provision of ORS 183.310to 183. 500, the department may promulgaterules for the administration and enforcement

of the provisions of ORS 616.850 to 616.890.

2) A retail establishment or department

thereof shall be considered to have gross annual receipts from the sale of consumer com-

modities of $ 1. 5 million or more as describedin subsection ( 2) of ORS 616.850, unless the

establishment demonstrates to the department that it does not. The determination ofthe director shall be deemed a final order notin a contested case for purposes of judicial

review under ORS 183.310 to 183.500. [ 1977

c 181 § 8]

616.880 Written warning notice forminor violation. Nothing in ORS 616.850 to616.890 shall be construed as requiring thedepartment to cite incidental or minor viola-

tions of ORS 616.860 to 616.870 whenever the

department believes that the public interest

will be served adequately in the circumstancesby issuance of an alleged written warningnotice. Each such notice issued shall include

the name and address of the grocery store orfood market, the date of the notice issuance, a

description of the alleged violation and a

statement of the penalties for a continued

course of violation. [1977 c. 181 § 91

616.885 Civil penalty; judicial review. 1) Any person who pursues a continued

course of violation of ORS 616.860 to 616.870

922

SUPERSEDED


shall forfeit and pay to the General Fund ofthe State Treasury, a civil penalty, in anamount determined by the Director of Agri- culture, of not more than $ 250 for each of-

fense. The issuance of orders assessing civilpenalties pursuant to ORS 616.850 to 616.890, the conduct of hearings and the judicial review thereof shall be as provided in ORS183.310 to 183.500.

2) Such civil penalty may be recovered inan action brought thereon in the name of the

State of Oregon in any court of appropriatejurisdiction.

3) In any court action with respect to acivil penalty, the court may review the penalty as to both liability and reasonableness ofamount. [ 1977 c. 181 § 101


616.890 may be cited as the Unit Pricing Law. 1977 c 181 § 21

PENALTIES

616.990 [ Subsection ( 2) of 1959 Replacement Part

renumbered as part of 561. 990; subsection ( 3) enacted as

1961 c.637 § 16; 1965 c. 107 § 3; subsection ( 10) enacted as

1971 c 176 § 9; repealed by 1973 c.227 §261

616.992 General penalty. The first

violation of any provisions of this chapter, ORS 632.275 to 632.290, 632.450 to 632.490

and 632.900 to 632.985 or of any rule promulgated pursuant thereto is a Class B misde-

meanor, and a Class A misdemeanor for a

second or subsequent offense. [1973 c.227 § 281

616.994 Penalty for open date labeling law violations. Violation of any provisionof ORS 616.800 to 616.835 and 616.994 or of

any rule promulgated pursuant thereto is a

Class B misdemeanor. [1973 c. 173 § 101


Pursuant to ORS 173. 170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter arecorrect copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and otherchanges specifically authorized by law. Done at Salem, Oregon, Thomas G CliffordOctober 1, 1979 Legislative Counsel

CHAPTER 617Reserved for expansion]

923

SUPERSEDED


924

SUPERSEDED

CHAPTER

RESERVED

FOR

EXPANSIONSUPERSEDED

Chapter 618


Weights and Measures

DEFINITIONS

618.010 Definitions

LICENSING OF COMMERCIALLY OPERATED

WEIGHING OR MEASURING INSTRUMENTS

618. 121 License required for commercially operated weighing or measuring instrument; scope of license

618. 126 Exemptions from licensing requirement618. 131 Weights and measures licenses in addition

to other licenses; effect of conflictinglaws

618. 136 Establishing license fees; renewals; disposition of fees

618. 141 Maximum license fees

618. 146 Term of licenses; suspension and revocation of licenses

618. 151 Commercial use of unlicensed weighing ormeasuring instrument prohibited

618. 156 Forms, certificates and identification tags; license application forms

618. 161 Notice of violation to owner or operator of

unlicensed weighing or measuring instrument; tagging or sealing instrumentsto prevent unauthorized use

COMMODITY SALES REGULATIONS

GENERAL PROVISIONS

618.016 Policy618.021 Duties of director

618.026 Delegation of duties and powers of depart-

ed

ment and director

618.031 Rulemaking authority618.036 Establishing weights and measures sys-

Labeling of packaged commodities; use of

tem; use of federal system

618.041 Standards for weights and measures

Cost per unit labeling requirements

system; security of state primary stan-

Restriction on manner of packaging com-

dard

618.046 Secondary standards; verification of

Commodity price and quantity advertising

accuracy

618.051 Specifications and tolerances of commer-

tain advertising terms

cial weights and measures; consideration

Weight" defined; construction of term in

of federal requirements; status of non-

sales transactions

conforming weights and measures

618.056 Testing and inspecting weights and mea-

pressing fractional prices

sures offered for sale or used commer-

Written invoice of certain commodity sales

cially618.061 Testing weights and measures at institu-

Sale by weight required for certain food

tions supported by state funds618.066 Department to investigate weights and

measures law violations

618.071 Inspection and investigation authority ofdepartment; written notices for minorviolations

618.076 Approving use of weights and measures; use of certain terms describing conditionof equipment; seizure and destruction of

nonconforming equipment618.081 Owners of weights and measures required

to correct deficiencies; reexamination ofincorrect weights and measures prior touse

618.086 Orders restricting distribution of weightsand measures; violating terms of ordersprohibited

618.091 Security seal to be attached to weights andmeasures devices

618.096 Prohibited acts involving commercialweights and measures

618. 101 Evidentiary presumptions regardingweights and measures law

618. 115 Voluntary inspection of weighing or measuring instruments; fees

LICENSING OF COMMERCIALLY OPERATED

WEIGHING OR MEASURING INSTRUMENTS

618. 121 License required for commercially operated weighing or measuring instrument;

scope of license

618. 126 Exemptions from licensing requirement618. 131 Weights and measures licenses in addition

to other licenses; effect of conflictinglaws

618. 136 Establishing license fees; renewals; disposition of fees

618. 141 Maximum license fees

618. 146 Term of licenses; suspension and revocation of licenses

618. 151 Commercial use of unlicensed weighing ormeasuring instrument prohibited

618. 156 Forms, certificates and identification tags; license application forms

618. 161 Notice of violation to owner or operator of

unlicensed weighing or measuring instrument; tagging or sealing instruments

to prevent unauthorized use

COMMODITY SALES REGULATIONS

618.201 Department to weigh or measure packagedcommodities; distribution of commodities ordered withheld from sale prohibit-

ed

618.206 Manner of selling commodities; exemptions

618.211 Labeling of packaged commodities; use oflabeling terms restricted; scope of rules

618.216 Cost per unit labeling requirements618.221 Restriction on manner of packaging com-

modities; fill of container requirements

618226 Commodity price and quantity advertisingrequirements; restriction on use of cer-

tain advertising terms618.231 Weight" defined; construction of term in

sales transactions

618.236 Price misrepresentation prohibited; ex-

pressing fractional prices618.241 Written invoice of certain commodity sales

required; contents of writing618.246 Sale by weight required for certain food

products; labeling requirements

LICENSING LAW ENFORCEMENT


618.406 Citations for enforcement of weights and

measures licensing laws; delegation ofauthority of director

618.411 Effect of other laws on prosecutions underthis chapter

618.416 Inspector's authority to issue citation618.421 Citation for violation of weights and mea-

sures licensing laws; form618.426 Private person may commence action618.431 Contents of summons

418.436 Contents of complaint

618.441 Delivery of summons and complaint618.446 Appearance of person cited; return of

summons and bail in lieu of appearance

618.451 Effect of written statement of person cited

618.456 Hearing on request of person cited; notice618.461 Hearing for citation after first conviction;

judgment; post - judgment procedure;

disposition of fines; appropriation offinds

618.466 Warrant of arrest when person cited fails

to comply; warrant not to be issued laterthan 60 days after forfeiture of security

RY-1+9

SUPERSEDED


SECURITY SEAL ENFORCEMENT


618.506 Enjoining security seal violations; notice todefendant; voluntary compliance; temporary order; attorney fees and costs

618.511 Remedial power of court

618.516 Civil action by private party; damages; attorney fees and costs; effect of priorinjunction; time for commencing action

618.521 Investigative demand; petition to modify618.526 Method of serving investigative demand618.531 Effect of failure to obey investigative

demand

618.536 Civil penalties

618.541 Loss of license by person violating injunction

618.546 Reports by district attorney to AttorneyGeneral; filing of voluntary compliances

618.551 Remedies supplementary to existing statutory or common law remedies

PENALTIES

618.991 Penalties

CROSS REFERENCES

Administrative procedures and rules of state agencies, 183.310 to 183.500

Bread, standard of weight, 625.200

Grades and standards, fixing, 632.900 to 632.980Labeling requirements as to weight or measure of meat or

meat products, 619.066

Legislative review of need for agency, 182.615Prohibitions against altering or removing seal, sign,


Utility product or service, standards and tests, 757.250 to757. 255

Weighing, inspection and grading of grain and othercommodities, 586.570 to 586.680

618.501

Jurisdiction over prosecutions, 561. 290

618.506

Railroad track scales, inspection and sealing, 761. 330, 761 340

926

SUPERSEDED

WEIGHTS AND MEASURES

DEFINITIONS

618.010 Definitions. As used in thischapter, unless the context requires otherwise:

1) " Advertising" or " advertisement"

means any public notice or announcement of

commodities for sale, services to be performed,

equipment or facilities for hire, or any otherthing offered to the public, via publishing orbroadcasting media or by signs, banners,

posters, handbills, labels or similar devices,

for the purpose of inducing, directly or indirectly, the purchase or use of such commodities, services, equipment or facilities.

2) " Commercial' or " commercially used" means any application or use in connectionwith or related to transactions in which, in

exchange for commodities received or servicesrendered, consideration is given in terms of

currency, negotiable instruments, credit,

merchandise or any other thing of value. 3) " Commodity" means any merchandise,

product or substance produced or distributed

for sale to, or use by, others. 4) " Commodity in bulk form" means any

quantity of a commodity that is not a commodity in package form.

5) " Commodity in package form" meansany quantity of a commodity put up or pack-

aged in any manner in advance of sale, inunits suitable for either wholesale or retail

sale by weight, volume, measure or count, exclusive, however, of any auxiliary shippingcontainer inclosing packages that individuallyconform to the requirements of ORS 618.010

to 618.246. An individual item or lot of anycommodity not in package form as defined inthis subsection, but on which there is markeda selling price based on an established priceper unit of weight or of measure, is a commod-

ity in package form. 6) " Department" means the State Depart-


7) ` Director" means the Director of Agri- culture.

8) " Inspector" means any state officer oremploye designated by the director as a supervisor of, or an inspector of, weights and measures.

9) " Intrastate commerce" means any andall commerce or trade begun, carried on and

completed wholly within the limits of thisstate.

10) " Introduced into intrastate com-

merce" means the time and place at which the

618.010

first sale and delivery of a commodity is madewithin this state, the delivery being madeeither directly to the purchaser or to a common carrier for shipment to the purchaser.

11) " Liquid -fuel measuring device"

means any meter, pump, tank, gage or apparatus used for volumetrically determining thequantity of any internal combustion enginefuel, liquefied petroleum gas or low- viscosityheating oil.

12) " National Bureau of Standards" means the National Bureau of Standards ofthe Department of Commerce of the UnitedStates.

13) " Person" has the meaning for thatterm provided in ORS 174.100.

14) " Remote readout" means any console, cabinet, panel or instrument connected to or

associated with a weighing or measuringdevice which indicates, displays or printsvalues of weight or measure at a location

physically separate from the weighing ormeasuring device.

15) " Sale" and " sell' include barter andexchange.

16) " Security seal' means a lead -and -wireseal, or similar nonreusable closure, attached

to a weighing or measuring instrument ordevice for protection against undetectableaccess, removal, adjustment or unauthorized

use.

17) " Vehicle" means any wheeled conveyance in, upon or by which any property, livestock or commodity is or may be transportedor drawn, but does not include railroad rollingstock.

18) " Weighing device" means any scale, balance or apparatus used for gravimetricallydetermining the quantity of any commodityon a discrete or continuous basis.

19) " Weights and measures" means all

weights and measures, instruments and devic-

es of every kind for weighing and measuring, and any appliances and accessories associated

with any or all such instruments and devices. However, ` weights and measures" does not

include meters for the measurement of elec-

tricity, gas or water when operated in a system of a public utility, as that term is definedin ORS 757.005. None of the provisions of

ORS 618.010 to 618.246 apply to such publicutility meters or to any associated appliancesor accessories. [ Amended by 1973 c.293 § 1; 1975c.615 § l; 1977 c. 132 §31

927

SUPERSEDED


GENERAL PROVISIONS

618.016 Policy. It is the express intentand purpose of ORS 618.010 to 618.356 and

618.991 to establish statutory authority forthe administration, regulation and enforce-

ment of weights and measures requirements

generally within this state. The objectives ofstate supervision of weights and measures

under ORS 618.010 to 618.356 and 618.991

include the following:

1) Assuring that weights and measures incommercial service within the state are suit-

able for their intended use, properly installed, accurate and are so maintained by their owneror user.

2) Preventing unfair dealing by weight ormeasure in any commodity or service advertised, packaged, sold or purchased within this

state.

3) Making available to all users of physical standards or weighing and measuringequipment the precision calibration and relat-

ed metrological certification capabilities of the

weights and measures facilities of the depart-

ment.

4) Promoting uniformity, to the extentsuch conformance is practicable and desirable, between weights and measures requirements

of this state and those of other states and

federal agencies.

5) Encouraging desirable economic

growth while protecting the consumer throughthe adoption by rule of weights and measuresrequirements as necessary to ensure equityamong buyers and sellers. [ 1973 c.293 § 31

618.021 Duties of director. The directorshall:

1) Maintain custody of the state standards of weight and measure and of the other

standards and equipment provided for by ORS618.010 to 618.356 and 618.991;

2) Keep accurate records of all standardsand equipment;

3) Exercise general supervision over the

weights and measures sold or offered for sale

or in use in this state; and

4) Report to the Governor annually, andat such other times as the Governor mayrequire, on all of the activities of the director

in carrying out ORS 618.010 to 618.356 and618.991. [ 1973 c.293 § 51

618.026 Delegation of duties and pow-

ers of department and director. Except for

rule making, the duties and powers of thedepartment and the director pursuant to ORS

618.010 to 618.356 and 618.991 may be delegated at the discretion of the director. [ 1973

c.293 § 141

618.031 Rulemaldng authority. (1) Thedepartment is authorized to make any rulesnecessary to carry out ORS 618.010 to618.246, but in making such rules the department shall consider so far as is practicable

and desirable the requirements established byother states and by authority of the UnitedStates. Such rules shall govern the use orapplication of weights and measures and

weights and measures transactions in thisstate.

2) Such rules may: a) Establish standards of net weight,

measure or count, and reasonable standards of

fill for any commodity in package form; b) Establish procedures governing the

technical and reporting activities to be followed, and prescribe report and record formsand marks of approval and rejection to be

used by inspectors of weights and measures inthe discharge of their duties;

c) Prescribe exemptions for weights and

measures from the sealing, labeling or marking requirements of ORS 618.010 to 618.246;

d) Establish procedures governing thevoluntary registration of commercial weigh-

ing and measuring device servicemen andservice agencies;

e) Establish schedules of fees for licens-

ing commercial weighing and measuringdevices and for testing or certification;

f) Prescribe specifications relating to theadvertising, labeling, dispensing and sellingof commodities in bulk form to or by retailoutlets reasonably necessary for the protectionof purchasers thereof;

g) Establish guidelines to assure thatamounts of commodities or services sold or

offered for sale are represented accurately andinformatively to all interested parties; and

h) Prescribe specifications, tolerances and

other technical requirements for weights andmeasures so as to eliminate from use, weightsand measures:

A) That are not accurate;

B) That are of such construction that theyare faulty, in that they are not reasonably

928

SUPERSEDED


permanent in their adjustment or will not

repeat their indications correctly; or

C) That facilitate the perpetration of

deceit or misrepresentation.

3) Nothing in subsection ( 2) of this section is intended to limit the authority of thedepartment to make any other rules necessaryto carry out ORS 618.010 to 618.246. [ 1973

c.293 §6; 1975 c.615 §2; 1977 e. 132 §41

618.036 Establishing weights and

measures system; use of federal system.

The department may utilize, for all commercial purposes in this state, either that system

of weights and measures customarily used inthe United States or the metric system ofweights and measures. In prescribing thebasic units of weight and measure, tables ofweight and measure, weight and measure

equivalents, specifications, tolerances and

other technical requirements for commercial

weighing and measuring devices, the department shall recognize those published by theNational Bureau of Standards, and they shallbe applicable to weighing and measuringequipment and transactions in this state. [ 1973

c 293 § 151

618.041 Standards for weights and

measures system; security of state pri-

mary standard. (1) Standards of weight andmeasure that are traceable to the United

States prototype standards and that are supplied by the Federal Government or that areotherwise approved as being satisfactory bythe National Bureau of Standards shall be the

state's primary standards of weight and measure.

2) The state primary standards shall bekept in a safe and suitable place in the metrol-

ogy laboratory of the office of weights andmeasures, and shall not be removed from the

laboratory except for repairs or for calibrationas may be prescribed by the National Bureauof Standards. [ 1973 c 293 § 161

618.046 Secondary standards; verification of accuracy. The state shall supplysecondary standards and such other equipment as is necessary to carry out ORS 618.010to 618.356 and 618.991. Such standards shall

be verified, by comparison with the stateprimary standards prescribed in ORS 618.041, upon their initial receipt and thereafter as

often as the department considers necessary. 1973 c.293 § 171

618.050 [Repealed by 1973 c.293 §551

618.056

618.051 Specifications and tolerances

of commercial weights and measures;

consideration of federal requirements;

status of nonconforming weights andmeasures. The department by rule shallprescribe the specifications, tolerances and

other technical requirements applicable to

commercial weights and measures within this

state. In so doing the department shall takecognizance of those uniform requirements

recommended by the National Bureau ofStandards and published in appropriate Na-

tional Bureau of Standards handbooks andsupplements thereto. For the purposes of ORS618.010 to 618.356 and 618.991, weights and

measures are correct when in conformance

with all applicable sections of ORS 618.010 to

618.356 and 618.991 and rules promulgated

pursuant thereto. All other weights and mea-

sures are incorrect. [1973 c.293 § 181

618.056 Testing and inspectingweights and measures offered for sale or

used commercially. The department mayinspect and test, to ascertain if they are correct, all weights and measures sold, offered or

exposed for sale. The department may, asoften as it considers necessary, cause to beinspected and tested, to ascertain if they arecorrect, all weights and measures commercial-

ly used:

1) In determining the weight, measurement or count of commodities or things sold,

offered or exposed for sale, on the basis of

weight, measure or count; or

2) In computing the basic charge or payment for services rendered on the basis of

weight, measure or count. However, the de-

partment by rule may provide for tests to bemade on representative samples of such devic-

es. The lots of which samples are representa-

tive shall be held to be correct or incorrect

upon the basis of the results of the inspectionand tests on such samples; or

3) In determining quantities or amountswhen a charge is made for such determination. However, in the case of single- service

devices designed to be used commercially onlyonce and to be then discarded, or devices uni-

formly mass - produced, as by means of a moldor die, and not susceptible of individual ad-

justment, the inspection and testing of eachindividual device is not required and the in-

specting and testing requirements of thissection will be satisfied when inspections and

tests are made on representative samples of

such devices. The lots of which samples are

929

SUPERSEDED


representative shall be held to be correct or

incorrect upon the basis of the results of theinspections and tests on such samples. [ 1973

c.293 §8; 1977 c. 132 § 51

615.060 [Repealed by 1973 c.293 § 551

618.061 Testing weights and mea-

sures at institutions supported by statefunds. The department shall, from time totime, test all weights and measures used in

checking the receipt or disbursement of supplies in every institution for the maintenanceof which moneys are appropriated by theLegislative Assembly, and report its findingsin writing to the supervisory board or to theexecutive officer of the institution concerned.

1973 c.293 § 71

618.065 [ Formerly 618.750, repealed by 1973 c.29355]

618.066 Department to investigate

weights and measures law violations. Thedepartment shall investigate complaints made

to it concerning violations of ORS 618.010 to618.356 and 618.991 and, upon its own initia- tive, shall conduct such investigations as it

considers appropriate to develop informationrelating to prevailing procedures in commercial quantity determination and relating topossible violations of ORS 618.010 to 618.356and 618.991, and in order to promote the

general objective of accuracy in the determination and representation of quantity in commercial transactions. [1973 c.293 § 91

618.070 [Repealed by 1973 c.293 §551

618.071 Inspection and investigation

authority of department; written noticesfor minor violations. When necessary for theenforcement of ORS 618.010 to 618.356 and

618.991, or rules promulgated pursuant there-

to, the department is:

1) Authorized to enter during normalbusiness hours any premises, including buildings or mobile facilities, where commercial

transactions are conducted, commodities are

located, or weights and measures are em-

ployed-

a) If such premises are not open to the

public, a department representative shall firstpresent his credentials and obtain consent

before making entry thereto.

b) If such entry is denied, the departmentmay apply for a search warrant from anyperson authorized to issue search warrants.

2) Empowered to stop any commercialvehicle and, after presentment of credentials,

require the person in charge to move the vehi-

cle to a designated place for inspection onprobable cause that a violation of ORS618.010 to 618.356 and 618.991 has occurred

or is occurring.

3) Authorized, in the public interest, to

issue written notices or warnings to violators

for minor infractions of ORS 618.010 to

618.356 and 618.991 in lieu of referring thematter to the district attorney. [ 1973 c.293 § 131

618.076 Approving use of weightsand measures; use of certain terms des-

cribing condition of equipment; seizureand destruction of nonconforming equipment. ( 1) The department shall approve foruse such weights and measures as it findsupon inspection and test to be correct, as provided in ORS 618.051, and shall reject suchweights and measures as it finds upon inspection or test to be incorrect, as provided in ORS618.051, but which in its best judgment are

susceptible of satisfactory repair.

2) In carrying out this section and pursuant to ORS 618.031, the department mayuse such terms as " rejected," " illegal," " incor-

rect," " condemned," " correct," " tested," " ap-

proved," " certified" or terms of similar import

on marks or tags or certificates necessary toconvey to all interested parties the conditionor status of the device or apparatus so markedor tagged.

3) In accordance with ORS 561. 605 to

561. 630, the department may condemn, seizeand destroy incorrect weights and measuresthat are not susceptible of satisfactory repair.

Similarly, weights and measures that havebeen rejected may also be seized, confiscatedand destroyed by the department if such arenot corrected as required by ORS 618.081, orif such weights and measures are used or

disposed of contrary to the requirements ofORS 618.081. [ 1973 c.293 § 121

618.080 [Repealed by 1973 c 293 §551

618.081 Owners of weights and mea-

sures required to correct deficiencies; reexamination of incorrect weights and

measures prior to use. The owner of weights

and measures rejected pursuant to ORS618.076 shall cause such weights and mea-

sures to be made correct within the time speci-

fied by the department or may dispose of suchweights and measures in such manner as is

authorized by the department. Weights andmeasures that have been rejected shall not

again be used commercially until they have

930

SUPERSEDED


been officially reexamined by the departmentand found to be correct, or approval for use is

given by the department, or the rejection taghas been removed and the rejected device

repaired and placed in service by a person orfirm so authorized by the department. [ 1973

c 293 § 201

618.086 Orders restricting distribution of weights and measures; violatingterms of orders prohibited. (1) The depart-

ment is authorized to issue stop -use orders, hold orders, and removal orders with respect

to weights and measures being, or susceptibleof being, commercially used, and to issue holdorders and removal orders with respect to

packages or amounts of commodities sold,

offered or exposed for sale, or in process of

delivery, whenever in the course of its enforcement of ORS 618.010 to 618.356 and

618.991 it is considered necessary. 2) No person shall use, remove from the

premises or vehicles specified, or fail to remove from the premises or vehicles specified,

any weight, measure or package or amount of

commodity contrary to the terms of a stop -useorder, hold order, or removal order issued

under the authority of this section. [ 1973 c.293

11]

618.090 [Repealed by 1973 c.293 §551

618.091 Security seal to be attachedto weights and measures devices. A securi-

ty seal shall be affixed to any adjustmentmechanism, readout compensator, primaryindicator, or retainer to prevent removal of ameasurement element, in such manner as the

department by rule may prescribe, on all

commercial weights and measures. [ 1973 c.293

19]

618.096 Prohibited acts involvingcommercial weights and measures. No

person shall:

1) Use, or have in his possession for the

purpose of using for any commercial purposespecified in ORS 618.056, sell, offer or exposefor sale or hire, or have in his possession for

the purpose of selling or hiring, an incorrectweight or measure or any device or instrument used or intended for use to falsify anyweight or measure.

2) Use, or have in his possession for the

purpose of current use for any commercialpurpose specified in ORS 618.056, a weight or

measure that does not bear a seal or mark

such as is specified in ORS 618.076 unlesssuch weight or measure has been exempted

618.115

from testing by ORS 618.056 or by a rule ofthe department or unless the device has been

placed in service as provided by rule of thedepartment.

3) Dispose of any rejected or condemnedweight or measure in a manner contrary toORS 618.010 to 618.356 and 618.991 or rulespromulgated pursuant thereto.

4) Remove, alter or deface any securityseal, tag, seal or mark placed on any weight ormeasure by the department.

5) Sell, offer or expose for sale, less than

the quantity he represents of any commodity, thing or service.

6) Take more than the quantity he represents of any commodity, thing or servicewhen, as buyer, he furnishes the weight or

measure by means of which the amount of thecommodity, thing or service is determined.

7) Keep for the purpose of sale, advertise, sell, offer or expose for sale, any commodity, thing or service in a condition or mannercontrary to ORS 618.010 to 618.356 and618.991 or rules promulgated pursuant there-

to.

8) Use in retail trade, except in the prepa-

ration of packages put up in advance of saleand of medical prescriptions, a weight or

measure that is not so positioned that its

indications may be accurately read and theweighing or measuring operation observedfrom a reasonable customer position.

9) Violate any other provision of ORS618.010 to 618.356 and 618.991 or rules pro-

mulgated pursuant thereto. [ 1973 c.293 §501

618.100 [Repealed by 1973 c.293 §551

618.101 Evidentiary presumptions

regarding weights and measures law. Forthe purposes of ORS 618.010 to 618.356 and618.991, proof of the existence of a weight or

measure or a weighing or measuring instrument or device in or about any building, inclosure, stand or vehicle in which or from which

it is shown that buying or selling is commonlycarried on, is presumptive proof of the regular

use of such weight or measure or weighing or

measuring instrument or device for commercial purposes and of such use by the person incharge of such building, inclosure, stand orvehicle. [1973 c.293 § 511

618.110 [Repealed by 1973 c. 293 §551

618.115 Voluntary inspection of

weighing or measuring instruments; fees. In addition to the authority otherwise granted

931

SUPERSEDED


to the department to inspect and test weighingor measuring instruments or devices, the

department may, at the request of an owner oruser thereof, inspect and test weighing ormeasuring instruments or devices to ascertainif they are correct. As authorized by paragraph (e) of subsection (2) of ORS 618.031, the

department may establish fees for performingthe services and the person requesting theservices shall pay the established fees to thedepartment. [1977 c. 132 § 21

Note: 618. 115 was enacted into law by the Legisla- tive Assembly and was added to and made a part of ORSchapter 618 but not added to or made a part of any seriestherein by legislative action. See the Preface to OregonRevised Statutes for further explanation.

618.120 [ Repealed by 1973 c.293 § 551

LICENSING OF

COMMERCIALLY OPERATED

WEIGHING OR MEASURING

INSTRUMENTS

618.121 License required for commer-

cially operated weighing or measuringinstrument; scope of license. No person

shall operate or use for commercial purposes

within the state any weighing or measuringinstrument or device specified in ORS 618.141

that is not licensed in accordance with therequirements of ORS 618.010 to 618.356 and

618.991 unless exempted as provided in ORS618.126. Any license issued under ORS618.010 to 618.356 and 618.991 applies only tothe instrument or device specified in the license. However, the department may permitsuch license to be applicable to a replacement

for the original instrument or device. [ 1973

c. 293 §301

618.126 Exemptions from licensingrequirement. Commercial weighing or measuring instruments or devices specified inORS 618. 141 are exempt from the licensingrequirements in ORS 618. 121 if any of thefollowing apply:

1) Ownership and use of the instrumentor device is limited to federal, state or localgovernment agencies in the performance of

official functions.

2) The instrument or device is of a readilyportable type, not intended for use within the

state in excess of 30 days annually, and forwhich proof exists of satisfactory examination

within the immediately preceding six monthsby a state or local weights and measures authority.

3) The instrument or device is subject toinspection under ORS 761.330. However, this

exemption does not apply to combinationrailroad -track and motor - vehicle scales. [ 1973

c.293 §311

618. 130 [ Repealed by 1973 c.293 §551

618.131 Weights and measures li-

censes in addition to other licenses; effect

of conflicting laws. (1) The licenses requiredby ORS 618.010 to 618.356 and 618.991 are inaddition to any other licenses required by law.

2) If ORS 618.010 to 618.356 and 618.991

are in conflict with any other statutes, ordinances or regulations, the provisions of ORS618.010 to 618.356 and 618.991 take prece-

dence. [ 1973 c.293 § 531

618.136 Establishing license fees;

renewals; disposition of fees. (1) The licensefee for each type or class of commercial weigh-

ing or measuring instrument or device shallbe established by the department in anamount not to exceed the maximum limits setforth in ORS 618.141. Such fees shall be es-

tablished in the amounts necessary for thedepartment to carry out and enforce the provisions of ORS 618.010 to 618.246 relating tothe supervision of commercial weighing and

measuring instruments or devices, and to

maintain an emergency fund with an unencumbered balance in an amount not to exceed

the cost of administering ORS 618.010 to618.246 during a representative four -monthperiod in order to assure the orderly supervision of commercial weighing and measuringinstruments or devices within this state.

2) License fees become past due July 1each year for renewals, and on the date of

first commercial use for original installations.

3) All moneys received by the departmentpursuant to ORS 618.010 to 618.246 shall bepaid into the Department of Agriculture Ser- vice Fund. Such moneys are continuouslyappropriated to the department for the pur-

pose of administering those provisions of ORS618.010 to 618.246 relating to testing, inspection, licensing and regulation of commercialweighing and measuring instruments or devices. [ 1973 c.293 § 32; 1977 c. 132 § 8; 1979 c.499 § 211

618.141 Maximum license fees. The

license fees established pursuant to ORS

618. 136 for weighing or measuring instruments or devices shall not exceed the follow-

932

SUPERSEDED


ing:

Maximum

Discrete Weighing Devices Fee

Manufacturer's rated capacity) 0-400 pounds ......... ............................... $ 10

401 -1, 160 pounds .. ............................... $ 15

1, 161- 7,500 pounds ............................. $ 25

7,501 - 60.000 pounds ............................ $ 75

60,001 pounds or more ........................ $ 110

Continuous Weighing SystemsManufacturer's rated capacity)

Under 10 tons per hour ....................... $ 80

10 -150 tons per hour ........................... $135

151 -1, 000 tons per hour ...................... $ 270

Over 1, 000 tons per hour .................... $ 675

Liquid -Fuel Metering Devices forNoncorrosive Fuels Contained at

Atmospheric PressureMaximum device flowrate)

Under 20 gallons per minute .............. $ 10

20 -150 gallons per minute .................. $ 20

Over 150 gallons per minute .............. $ 35

Special Liquid -Fuel MeasuringEquipment

Type)

Liquefied petroleum gas meters

3/4 -inch pipe diameter or under..... 45

Over 3/4 -inch pipe diameter........... 85

Tanks, under 500 gallons capacitywhen used as measure containers

with or without gage rods or

markers ............ ............................... 55

Tanks, 500 or more gallons capacitywhen used as measure containers

with or without gage rods or

markers ............ ............................... 110

Any weighing or measuring device specifiedin this section that is equipped or associatedwith a remote readout shall be subject to an

additional fee equal to 50 percent of the estab-

lished basic device license fee. The additional

fee shall apply individually to each remotereadout associated with each device, up to amaximum of $ 100 in such additional fee per

device. [ 1973 c.293 §34; 1977 c. 132 § 61

618.146 Term of licenses; suspension

and revocation of licenses. (1) All weighingand measuring instrument or device licensesissued under ORS 618.010 to 618.356 and

618.991 expire on June 30 next after the date

of issuance.

618.161


ORS 183.310 to 183.500, any license issuedunder ORS 618.010 to 618.356 and 618.991

may be suspended or revoked by the department if the instrument or device is operated or

used contrary to ORS 618.010 to 618.356 and618.991 or rules promulgated pursuant there-

to. [ 1973 c.293 § 331

618.150 [Repealed by 1973 c.293 § 551

618.151 Commercial use of unli-

censed weighing or measuring' instrumentprohibited. The owner or person in posses-

sion of weighing or measuring instruments ordevices for which the license fees have not

been paid in the manner required by ORS618.010 to 618.356 and 618.991 shall not use

such weighing or measuring instruments ordevices for commercial purposes. [1973 c.293 § 35;

1979 c.333 § 11

618.156 Forms, certificates and iden-

tification tags; license application forms.

1) The department shall prescribe such forms, certificates and identification tags as it con-

siders necessary to carry out the licensingprovisions of ORS 618.010 to 618.356 and

618.991.

2) The department shall provide a certifi-

cate or other evidence of device license compli-

ance to each person fulfilling the weighing ormeasuring device licensing requirements ofORS 618.010 to 618.356 and 618.991.

3) Application for a weights and mea-

sures license shall be made upon a form pre-

scribed and furnished by the department andshall contain such information as the depart-

ment may require. [ 1973 c.293 § 361

618.160 [Repealed by 1973 c.293 §551

618.161 Notice of violation to owner

or operator of unlicensed weighing or

measuring instrument; tagging or sealinginstruments to prevent unauthorized use.

When weighing or measuring instruments ordevices specified in ORS 618. 141 are in commercial use and a valid license for such in-

struments or devices has not been procured bythe owner or operator thereof, the department

after giving notice of such requirements to theowner or operator is authorized to prohibit the

further commercial use of the unlicensed

instruments or devices until the proper license

has been issued. The department may employand attach to the instruments or devices such

forms, notices or security seals as it considersnecessary to prevent the continued unauthor-

933

SUPERSEDED


ized use of the instruments or devices. [ 1973

c.293 §371

618.170 [Repealed by 1973 c.293 §551

618. 175 [ 1961 c.643 §6; repealed by 1973 c.293 §551

618. 180 [Repealed by 1973 c.293 §551

618. 190 [ Amended by 1961 c.643 R; repealed by1973 c.293 §551

618.200 [Repealed by 1973 c.293 §551

COMMODITY SALES

REGULATIONS

618.201 Department to weigh or mea-

sure packaged commodities; distributionof commodities ordered withheld fromsale prohibited. (1) The department, as often

as necessary to provide adequate protection, shall weigh or measure and inspect packages

or amounts of commodities sold, offered or

exposed for sale, or in the process of delivery, to determine whether they contain the

amounts represented and whether they aresold, offered or exposed for sale in accordance

with ORS 618.010 to 618.356 and 618.991. Ifsuch packages or amounts of commodities are

found not to contain the amounts represented,

or are found to be sold, offered or exposed forsale in violation of ORS 618.010 to 618.356

and 618.991, the department may order themwithheld from sale and may so mark or tagthem.

2) In carrying out the provisions of thissection, the department may employ recognized sampling procedures under which thecompliance of a given lot of packages will be

determined on the basis of the result obtained

on a sample selected from and representative

of such lot.

3) No person shall:

a) Sell, offer or expose for sale, in intra-

state commerce, any package or amount of

commodity that has been ordered withheldfrom sale and marked or tagged as provided in

this section until such package or amount of

commodity has been brought into full compliance with all the requirements of ORS618.010 to 618.356 and 618.991; or

b) Otherwise dispose of any package oramount of the commodity that has been ordered withheld from sale and marked or tagged as provided in this section and that hasnot been brought into compliance with the

requirements of ORS 618.010 to 618.356 and

618.991, in any manner, except with the specific approval of the department. [ 1973 c.293

10]

618.206 Manner of selling commodities; exemptions. ( 1) Commodities in liquid

form shall be sold only by liquid measure orweight and, except as otherwise provided inORS 618.010 to 618.356 and 618.991, com-

modities not in liquid form shall be sold onlyby weight, measure of length or area, orcount. However, liquid commodities may besold by weight, and commodities not in liquidform may be sold by count only if such methods give accurate information as to the quan-

tity of commodity sold.

2) The provisions of subsection ( 1) of this

section do not apply to:

a) Commodities sold for immediate consumption on the premises where sold;

b) Vegetables sold by the head or bunch; c) Commodities in containers standard-

ized by the laws of this state or the UnitedStates;

d) Commodities in package form whenthere exists a general consumer usage to

express the quantity in some other manner;

e) Concrete aggregates, concrete mixtures

and loose solid materials such as earth, soil,

gravel, crushed stone and like substances sold

by cubic measure; orf) Unprocessed vegetable and animal

fertilizer sold by cubic measure.

3) The department may make such reasonable rules as are necessary to assure thatthe amounts of commodity for sale reflectaccurate and fair practices. [ 1973 c.293 § 211

618.210 [Repealed by 1973 c.293 §551

618.211 Labeling of packaged commodities; use of labeling terms restricted; scope of rules. (1) Except as otherwise pro-

vided in ORS 618.010 to 618.356 and 618.991and the rules promulgated pursuant thereto,

any commodity in package form introduced, delivered for introduction into or received inintrastate commerce and sold, offered or ex-

posed for sale in intrastate commerce, shall

bear on the outside of the package definite, plain and conspicuous declarations of:

a) The identity of the commodity in thepackage, unless it is visible through the wrapper;

b) The net quantity of the contents interms of weight, measure or count; and

934

SUPERSEDED


c) In the case of any package sold, offeredor exposed for sale in any place other than onthe premises where packed, the name and

place of business of the manufacturer, packer

or distributor, as may be prescribed by rule. 2) In connection with the requirements of

paragraph (b) of subsection ( 1) of this section,

neither the qualifying term "when packed" orany words of similar import, nor any termqualifying a unit of weight, measure or countsuch as " jumbo," " giant" or "full' that tends to

exaggerate the amount of commodity in apackage shall be used.

3) In connection with the requirements ofparagraph (b) of subsection ( 1) of this section,

the department by rule may establish: a) Reasonable variations to be allowed,

including variations below the declared

weight or measure caused by ordinary andcustomary exposure, only after the commodityis introduced into intrastate commerce, to

conditions that normally occur in good distribution practice and that unavoidably result indecreased weight or measure. However, suchvariations shall not be permitted to the extent

that the average of the quantities in the pack-

ages comprising a shipment, display or otherlot is below the quantity stated, and no unreasonable shortage in any package shall bepermitted even though overages in other

packages in the same shipment, display or lotcompensate for such shortage;

b) Exemptions for small packages; and

c) Exemptions for commodities put up invariable weights or sizes for sale intact and

either customarily not sold as individual unitsor customarily weighed or measured at time ofsale to the consumer. [ 1973 c.293 § 221

618.216 Cost per unit labeling requirements. In addition to the declarations

required by ORS 618.211, any commodity inpackage form which is one of a lot containingrandom weights, measures or counts of the

same commodity and which states the totalselling price of the package, shall bear on theoutside of the package a plain and conspicuous

declaration of the corresponding price per unitof weight, measure or count in terms consist-

ent with ORS 618.206. [ 1973 c.293 § 231

618.220 [Repealed by 1973 c.293 §551

618.221 Restriction on manner of

packaging commodities; fill of containerrequirements. No commodity in packageform shall be so wrapped, nor shall it be in a

618.236

container so made, formed or filled as to mis-

lead the purchaser as to the quantity of thecontents of the package, and the contents of a

container shall not fall below such reasonable

standard of fill as may be prescribed for thecommodity by the department. [1973 c.293 §241

618.226 Commodity price and quantity advertising requirements; restriction

on use of certain advertising terms. ( 1)

Whenever a commodity in package form isadvertised in any manner and the retail priceof the package is stated in the advertisement,

there shall be closely and conspicuously associated with such statement of price a declara-

tion of the quantity of contents of the packageas is required to appear on the package.

2) If the applicable law requires a dual

declaration of net quantity to appear on thepackage, only the declaration that sets forththe quantity in terms of the smaller unit ofweight or measure need appear in the advertisement.

3) There shall not be included as part ofthe declaration required under this section

such qualifying terms as " when packed,"

minimum," " not less than" or any other

terms of similar import, nor any term qualifying a unit of weight, measure or count such asjumbo," " giant" or " full' that tends to exag-

gerate the amount of commodity in the package. [ 1973 c.293 § 251

618.230 [Repealed by 1973 c.293 §551

618.231 " Weight" defined; construction of term in sales transactions. The wordweight" when referring to the quantity of

any commodity means net weight. Wheneverany commodity is sold on the basis of weight, the net weight of the commodity shall beemployed, and all contracts concerning commodities shall be so construed. [1973 c.293 § 261

618.236 Price misrepresentation pro-

hibited; expressing fractional prices. ( 1)

Whenever any commodity or service is sold, offered or exposed for sale, by weight, measure or count, the price shall not be misrepresented, nor shall the price be represented in

any manner calculated or tending to misleador deceive an actual or prospective purchaser.

2) Whenever an advertised, posted orlabeled price per unit of weight, measure orcount includes a fraction of a cent, all ele-

ments of the fraction shall be prominentlydisplayed and the numeral or numerals ex-

pressing the fraction shall be immediatelyadjacent to, of the same general design and

935

SUPERSEDED


style as, and at least one -half the height and

width of, the numerals representing the wholecents. [ 1973 c.293 §271

618.240 [Repealed by 1973 c.293 § 551

618.241 Written invoice of certain

commodity sales required; contents of

writing. In the case of sales to or by retailoutlets including restaurants, hospitals,

boarding houses and similar institutions, salesof commodities in bulk form whose value

exceeds $ 10 shall be accompanied by a printedor written delivery ticket or invoice bearingthe following information:

1) Name and address of the vendor and

the purchaser.

2) Date and place of the delivery. 3) Product identity and net quantity

delivered.

4) Quantity upon which charges arebased if different from the delivered quantityby reason of processing customarily performedsubsequent to a sale, but prior to delivery to apurchaser. [ 1973 c.293 §281

618.246 Sale by weight required forcertain food products; labeling requirements. (1) Except for immediate consumption

on the premises where sold, or as one of sever-

al elements comprising a ready -to -eat mealsold as a unit for consumption elsewhere than

on the premises where sold, all poultry, orparts thereof, meat, meat products, fish and

seafood, sold, offered or exposed for sale as

food, shall be sold, offered or exposed for sale

by weight.

2) If meat, poultry, fish or seafood iscombined with or associated with some other

food element to form either a distinctive foodproduct or a food combination, such food product or combination shall be sold, offered or

exposed for sale by weight. The quantity representation may be the total weight of thefood product or combination and a quantityrepresentation need not be made for each ofthe several elements of the food product or

combination.

3) In the case of ready -to -cook whole - carcass stuffed poultry, ready -to -cook stuffedpoultry roasts, rolls, bars and logs, and ready - to -cook stuffed poultry products designated byterms of similar import, the label must show

the total net weight and, in close proximity, the net weight of the poultry exclusive ofstuffing ingredients. [ 1973 c.293 § 291

618.250 [Repealed by 1973 c.293 §551

618.260 [Repealed by 1973 c.293 §551

618.270 [Repealed by 1973 c.293 §551

618.280 [Repealed by 1973 c.293 §551

618.290 [Repealed by 1971 c.743 §4321

618.300 [Repealed by 1973 c.293 §551

618.301 [ 1973 c.293 § 38; repealed by 1977 c. 132 § 9and 1977 c.842 §231

618.306 [ 1973 c 293 § 39; repealed by 1977 c. 132 § 9and 1977 c.842 §231

618.310 [Repealed by 1973 c.293 §551

618.311 [ 1973 c.293 § 40; 1975 c.304 § 3; repealed by1977 c. 132 §9 and 1977 c.842 §231

618.316 [ 1973 c.293 § 46; repealed by 1977 c. 132 § 9and 1977 c.842 § 231

618.320 [Repealed by 1973 c.293 § 551



618.330 [Repealed by 1973 c.293 §551




618.341 [ 1973 c.293 § 43; repealed by 1977 c. 132 § 9and 1977 c 842 §231

618.346 [ 1973 c 293 § 44; repealed by 1977 c. 132 § 9and 1977 c.842 §231

618.351 [ 1973 c.293 § 45; repealed by 1977 c. 132 § 9and 1977 c.842 § 231

618.356 [ 1973 c. 293 § 48; repealed by 1977 c 132 § 9and 1977 c.842 §231

LICENSING LAW

ENFORCEMENT

618.401 Definitions for ORS 618.401 to

618.466. As used in ORS 618.401 to 618.466, unless the context requires otherwise:

1) " Deputy state sealer" means the personappointed by the director to supervise theweights and measures section.

2) " Inspector" means a state employe

designated by the director as a supervisor orinspector of weights and measures.

3) " Person" has the meaning for thatterm provided in ORS 174. 100. [ 1973 c.374 § 41

936

SUPERSEDED


618.406 Citations for enforcement of

weights and measures licensing laws; delegation of authority of director. ( 1) In

the enforcement of the licensing laws of thischapter, the director has authority to issueand serve citations to any person violatingsuch laws.

2) The director may delegate the powersreferred to in subsection ( 1) of this section tothe deputy state sealer and to inspectors. [ 1973

c.374 §5]

618.410 [Repealed by 1973 c 293 §551

618.411 Effect of other laws on prosecutions under this chapter. Prosecutions for

violations of ORS 1. 510, 1. 520 and 618.401 to

618.466 are valid and proper, notwithstandingthe existence of any other general or specificlaw of this state dealing with the same orsimilar subject matters. [1973 c 374 §71

618.416 Inspector' s authority to issuecitation. When any inspector to whom theauthority to perform the duties specified inORS 1. 510, 1. 520 and 618.401 to 618.466 has

been delegated by the director, has reasonablecause to believe that there has been committed in his presence an act which is a violation

of the licensing laws of this chapter, or rulespromulgated pursuant thereto, the inspector

may issue and serve a citation to the violator. 1973 c.374 §81

618.420 [Repealed by 1973 c.293 § 551

618.421 Citation for violation of

weights and measures licensing laws; form. (1) A citation conforming to the requirements of this section shall be used for all

violations of the licensing laws of this chapter, and rules adopted under those laws.

2) The citation shall consist of, and beprepared in, four copies:

a) The complaint copy, to be forwarded tothe court.

b) The abstract of record copy, to be forwarded to the court, and thereafter forwarded

by the court pursuant to ORS 618.461.

c) The department record copy, to beforwarded to the department.

d) The summons copy, to be given to theperson cited.

3) Each of the citation copies shall con-

tain the information and blanks required byrules of the Supreme Court under ORS 1. 525.

4) The complaint copy shall also contain aform of certificate in which the complainant

618.436

shall certify, under penalties of false swear- ing, that the complainant has reasonable

grounds to believe, and does believe, that the

person cited committed the offense contrary tolaw or rule. The certification if made by aspecial police officer need not be made before

a magistrate or any other person. A privateperson shall certify before a magistrate, clerkor deputy clerk of the court and this actionshall be entered in the court record. A certifi-

cate conforming to the requirements of thissection shall be considered the equivalent of a

sworn complaint.

5) The complaint may be set aside by thecourt upon the motion of the person cited

before plea when it does not conform to therequirements of this section. However, this

section does not prohibit a requirement forlanguage in addition to that specified in thissection. [ 1973 c.374 §9; 1979 c.477 § 15]

618.426 Private person may com-

mence action. A private person may commence an action for a violation of the licens-

ing laws of this chapter, and rules promulgated pursuant thereto, as provided in subsection

4) of ORS 618.421. [ 1973 c 374 § 101

618.430 [Repealed by 1973 c.293 § 551

618.431 Contents of summons. A summons part of a citation shall state an alleged

violation of the licensing laws of this chapter, and rules promulgated pursuant thereto, and

shall be considered sufficient if it contains the

following:

1) The name of the court, the name of thepersons cited, the date on which the citationwas issued, the name of the complainant andthe time and place at which the person cited isto appear in court.

2) A statement or description of the al-

leged offense in such a manner as can be

readily understood by a person making areasonable effort to do so, and the date, time

and place at which the offense is alleged to

have occurred.

3) A notice to the person cited that acomplaint is to be filed with the court basedon the offense.

4) The amount of bail, if any, fixed forthe offense. [ 1973 c.374 § 111

618.436 Contents of complaint. Except

as provided in this section, a complaint part of

a citation shall state an alleged violation of

937

SUPERSEDED


the licensing laws of this chapter, and rulesprescribed pursuant thereto, and shall be

considered sufficient if it contains the follow-

ing: 1) The name of the court, the name of the

state in whose name the action is brought and

the name of the defendant.

2) A statement or description of the al-

leged offense in such a manner as can be

readily understood by a person making areasonable effort to do so and the date, timeand place at which the offense is alleged tohave occurred.

3) A certificate as provided in subsection

4) of ORS 618.421. [ 1973 c.374 § 121

618.441 Delivery of summons and

complaint. The person issuing the citationshall cause the summons copy or the citationto be delivered to the person cited and shall

cause the complaint copy and abstract ofrecord copy to be delivered to the court. Whenthe complaint is certified by a private personthe court shall cause the summons copy to bedelivered to the defendant and the department

copy forwarded to the department. [ 1973 c.374

131

618.446 Appearance of person cited;

return of summons and bail in lieu ofappearance. The person cited shall either

appear in court at the time indicated in the

summons copy, or prior to such time shalldeliver to the court the summons copy, together with check or money order in the amount ofthe bail set forth in the summons, and inclos-

ing therewith:

1) A request for a hearing; or2) A statement of matters in explanation

or mitigation of the offense charged; or

3) The executed appearance, waiver of

hearing and plea of guilty appearing on thesummons; and

4) His signature and address in the spaceprovided. [ 1973 c.374 § 141

618.451 Effect of written statement of

person cited. If the person cited has submitted to the court a written statement as provid-

ed in subsection (2) of ORS 618.446, such shall

constitute a waiver of hearing and consent tojudgment by the court declaring a forfeitureof bail on the basis of such statement and any

testimony or written statement of the arrest- ing special police officer or other witnesseswhich may be presented to the court. [1973 c 374

151

618.456 Hearing on request of personcited; notice. If the person cited requests a

hearing or if, pursuant to ORS 618.461, thecourt directs that a hearing be had, the courtshall fix a date and time for the hearing and, unless notice is waived, shall at least five days

in advance of the hearing mail to the defendant notice of the date and time so fixed. [1973c 374 § 161

618.460 [Repealed by 1973 c.293 §551

618.461 Hearing for citation after

first conviction; judgment; post - judgmentprocedure; disposition of fines; appropria-

tion of funds. In any case, the court shalldirect that a hearing be held for each subsequent citation after a first conviction of viola-

tion of any licensing law of this chapter, orrule promulgated pursuant thereto. The court

may enter the appropriate judgment, impose afine, direct that the fine be paid out of the baildeposited by the defendant and remit to thedefendant any amount by which the bail deposited exceeds the fine. No sentence to jail

may be imposed, nor any fine imposed inexcess of the bail deposited by the defendant, unless a hearing is held. The court shall complete the complaint copy for its record andforward the completed abstract of record copy

to the department with one -half of any fine orbail collected. All such funds shall be forwarded to the State Treasurer and deposited in theGeneral Fund to the credit of the Departmentof Agriculture Account. Such funds are con-

tinuously appropriated to the department forenforcement and administration of the licens-

ing laws of this chapter, and rules promulgated pursuant thereto. [1973 c.374 § 171

618.466 Warrant of arrest when per-

son cited fails to comply; warrant not tobe issued later than 60 days after forfei-

ture of security. (1) If a person cited fails to

comply with ORS 618.446, or if he fails toappear at any time fixed by the court, a warrant for his arrest may be issued. A warrantissued by a circuit, district or justice courtmay be served, without further indorsement, in any county in this state.

2) No warrant of arrest may be issuedpursuant to the section after a period of 60

days from the date of the entry of an orderdeclaring a forfeiture of bail or other securitygiven by the person cited. Unless a warranthas been issued before the expiration of suchperiod, the order of forfeiture of bail shall beconsidered a final disposition of the case. [ 1973

c 374 §181

938

SUPERSEDED


618.470 [Repealed by 1973 c.293 §551

618.480 [Repealed by 1973 c.293 § 55]

618.490 [Repealed by 1973 c.293 § 551

618.500 [Repealed by 1973 c.293 §551

SECURITY SEALENFORCEMENT


1) " Appropriate court" means the districtor circuit court of a county:

a) Where one or more of the defendantsreside; or

b) Where one or more of the defendantsmaintain a principal place of business; or

c) Where one or more of the defendants

are alleged to have committed a security sealviolation; or

d) With the defendant's consent, wherethe prosecuting officer maintains his office.

2) " Person" has the meaning for thatterm provided in ORS 174. 100.

3) " Prosecuting attorney" means the

Attorney General or the district attorney ofany county in which a security seal violationis alleged to have been committed.

4) " Security seal" means a lead -and -wireseal or similar nonreusable closure, attached

to a weighing or measuring instrument ordevice for protection against undetectableaccess, removal, adjustment or unauthorized

use.

5) " Security seal violation" means the

use, in violation of this chapter or any rulepromulgated pursuant thereto, of any liquidor gaseous metering instrument or device towhich a security seal is required to be affixed, when the security seal has been broken orremoved.

6) A " wilful violation" occurs when the

person committing the violation knew orshould have known that his conduct was aviolation. [ 1973 c.294 §21

618.506 Enjoining security seal violations; notice to defendant; voluntary compliance; temporary order; attorney feesand costs. ( 1) Whenever the prosecutingattorney has probable cause to believe that aperson is committing or has committed asecurity seal violation, he may bring suit inthe name of the State of Oregon in the appro-

618.506

priate court to restrain such person from

committing the alleged violation.

2) Before filing a suit under subsection1) of this section, the prosecuting attorney

shall in writing notify the person charged ofthe alleged security seal violation and therelief to be sought. Such notice shall be servedin the manner set forth in ORS 618.526 forthe service of investigative demands. The

person charged thereupon shall have 10 days

within which to execute and deliver to the

prosecuting attorney an assurance of voluntary compliance. Such assurance shall setforth what actions, if any, the person chargedintends to take with respect to the alleged

violation. The assurance of voluntary compliance shall not be considered an admission of a

violation for any purpose. If the prosecutingattorney is satisfied with the assurance ofvoluntary compliance, it may be submitted toan appropriate court for approval and if approved shall thereafter be filed with the clerk

of the court. Violation of an assurance of

voluntary compliance which has been approved by and filed with the court constitutesa contempt of court. The notice of the prose-

cuting attorney under this subsection is not apublic record until the expiration of 10 days

from the service of the notice.

3) Notwithstanding subsection ( 2) of thissection, if the prosecuting attorney allegesthat he has reason to believe that the delaycaused by complying with the provisions ofsubsection ( 2) of this section would cause

immediate harm to the public health, safetyor welfare, the prosecuting attorney mayimmediately institute a suit under subsection1) of this section.

4) A temporary restraining order may begranted without prior notice to the person if

the court finds there is a threat of immediate

harm to the public health, safety or welfare. Such a temporary restraining order shallexpire by its terms within such time afterentry, not to exceed 10 days, as the court fixes, unless within the time so fixed the order, for

good cause shown, is extended for a like periodor unless the person restrained consents that

it may be extended for a longer period.

5) The court may award reasonable attorney fees to the prevailing party in a suitbrought under this section. If the defendantprevails in such a suit and the court finds thatthe defendant had in good faith submitted to

the prosecuting attorney a satisfactory assurance of voluntary compliance prior to theinstitution of the suit or that the prosecuting

939

SUPERSEDED


attorney, in a suit brought under subsection3) of this section, did not have reasonable

grounds to proceed under that subsection, the

court shall award reasonable attorney fees tothe defendant. If the state prevails, the rea-

sonable expenses of investigation, preparation

and prosecution shall be taxed against the

defendant, upon application of the prosecutingattorney, in the same manner as costs aretaxed and shall be in addition thereto. [ 1973

c.294 §3]

618.510 [Repealed by 1973 c 293 §551

618.511 Remedial power of court. The

court may make such additional orders or

judgments as may be necessary to restore toany person in interest any moneys or property, real or personal, of which he was deprivedby means of a security seal violation, or asmay be necessary to insure cessation of suchviolations, pursuant to ORS 618.506. [1973 c.294

4]

618.516 Civil action by private party; damages; attorney fees and costs; effect ofprior injunction; time for commencingaction. (1) Any person who purchases or leases goods or services and thereby suffers anyascertainable loss of money or property, realor personal, as a result of a wilful security

seal violation may bring an individual actionin an appropriate court to recover actual damages or $200, whichever is greater. The courtor the jury, as the case may be, may awardpunitive damages and the court may providesuch equitable relief as it considers necessaryor proper.

2) Upon commencement of any actionbrought under subsection ( 1) of this section,

the clerk of the court shall mail a copy of thecomplaint or other initial pleading to theAttorney General and, upon entry of anyjudgment or decree in the action, shall mail a

copy of such judgment or decree to the Attor- ney General.

3) In any action brought by a personunder this section, the court may award, inaddition to the relief provided in this section,

reasonable attorney fees and costs. 4) Any permanent injunction or final

judgment or order of the court made under

ORS 618.506 or 618.511 is prima facie evidence, in an action brought under this section,

that the respondent committed a security sealviolation, but an assurance of voluntary compliance, whether or not approved by the court; shall not be evidence of such violation.

5) Actions brought under this section

shall be commenced within one year from the

discovery of the security seal violation. How- ever, whenever any complaint is filed by aprosecuting attorney to prevent, restrain orpunish security seal violations, the running ofthe statute of limitations with respect to everyprivate right of action under this section and

based in whole or in part on any matter complained of in the proceeding shall be suspended during the pendency thereof. [ 1973 c.294 § 51

618.520 [Repealed by 1973 c.293 §551

618.521 Investigative demand; peti-

tion to modify. ( 1) When it appears to the

prosecuting attorney that a person has committed or is committing a security seal violation, he may execute in writing and cause tobe served an investigative demand upon anyperson who is believed to have information,

documentary material or physical evidencerelevant to the alleged violation. The investigative demand shall require such person,

under oath or otherwise, to appear and testifyor to produce relevant documentary materialor physical evidence for examination, at such

reasonable time and place as may be stated inthe investigative demand or to do any of theforegoing, concerning the advertisement, saleor offering for sale of any goods or services orthe conduct of any trade or commerce which isthe subject matter of the investigation.

2) At any time before the return datespecified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to ex-

tend the return date, or to modify or set asidethe demand, stating good cause includingprivileged material, may be filed in the appropriate court. [ 1973 c.294 §61

618.526 Method of serving investigative demand. Service of any investigativedemand under ORS 618.521 shall be made

personally within this state. If personal service cannot be made, substituted service

therefor may be made in the following manner:

1) Personal service thereof without this

state;

2) The mailing thereof by registered orcertified mail to the last -known place of busi-

ness, residence or abode within or without thisstate of such person for whom the same isintended;

940

SUPERSEDED

WEIGH'T'S AND MEASURES

3) As to any person other than a naturalperson, in the manner provided for service ofsummons in an action or suit; or

4) Such service as the court may direct inlieu of personal service within this state. [ 1973

c.294 §71

618.530 [Repealed by 1973 c.293 §551

618.531 Effect of failure to obey investigative demand. ( 1) If any person afterbeing served with an investigative demandunder ORS 618.526, fails to obey an investigative demand issued by the prosecuting attorney, the prosecuting attorney may, after notice, apply to an appropriate court and, afterhearing thereon, request an order:

a) Granting injunctive relief to restrainthe person from engaging in the conduct ofany activity that is involved in the alleged orsuspected violation; or

b) Granting such other relief as may berequired, until the person obeys the investigative demand.

2) Any disobedience of any final order ofa court under this section shall be punished asa contempt of court. [ 1973 c.294 §81

618.536 Civil penalties. ( 1) Any personwho wilfully violates the terms of an injunction issued under ORS 618.506 shall forfeitand pay to the state a civil penalty of not morethan $1, 000 per violation. For the purposes ofthis section, the court issuing the injunctionshall retain jurisdiction and the cause shall becontinued, and in such cases the prosecutingattorney acting in the name of the state maypetition for recovery of civil penalties.

2) Any person who by an assurance ofvoluntary compliance submitted under ORS

618.506 agrees not to commit a security sealviolation and thereafter wilfully violates suchassurance shall forfeit and pay to the state acivil penalty of not more than $ 1, 000 per

violation. The prosecuting attorney may applyto an appropriate court for recovery of suchcivil penalty.

3) In any suit brought under ORS618.506, if the court finds that a person iswilfully committing or has wilfully committeda security seal violation, the prosecuting attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty notexceeding $500 per violation. [ 1973 c 294 §91

618.540 [Repealed by 1973 c. 293 § 551

941

618.551

618.541 Loss of license by personviolating injunction. Upon petition by theprosecuting attorney, the court may, in itsdiscretion, order suspension or forfeiture of

the license for any liquid or gaseous meteringinstrument or device operated in violation ofthe terms of any injunction issued under ORS618.506. [ 1973 c.294 § 101

618.546 Reports by district attorneyto Attorney General; filing of voluntarycompliances. A district attorney shall makea full report to the Attorney General of anyaction, suit, or proceeding prosecuted by suchdistrict attorney under ORS 618.506 to

618.541, including the final disposition of thematter, and shall file with the Attorney Gen- eral copies of all assurances of voluntarycompliance accepted under ORS 618.506. [ 1973c.294 §111

618.550 [Repealed by 1973 c.293 §551

618.551 Remedies supplementary toexisting statutory or common law remedies. The remedies provided in ORS 618.506to 618.541 are in addition to all other remedies, civil or criminal, existing at common lawor under the laws of this state. [1973 c.294 § 121

618.610 [Repealed by 1973 c.293 §551

618.620 [Repealed by 1973 c.293 §551

618.630 [ Amended by 1955 c.97 § l; repealed by 1973c.293 § 551

618.640 [Repealed by 1973 c.293 §551



618. 730 [ Amended by 1953 c 373 § 8; 1961 c.643 § 2; 1967 c 122 § l; 1969 e. 88 § 1; repealed by 1973 c 293 §551

618.732 [ 1967 c. 122 §3; repealed by 1973 c 293 § 551

618.735 [ 1961 c.643 § 5; 1969 c.88 § 2; repealed by1973 c.293 §551

618.740 [ Amended by 1967 c. 122 § 2; repealed by1973 c.293 §551

618.750 [ Amended by 1961 c. 643 § 3; renumbered618.0651

618.760 [ 1953 c.373 §6; repealed by 1973 c.293 §551

618.770 [Repealed by 1973 c.293 §551

618.780 [Repealed by 1973 c.293 §551

618.790 [Repealed by 1973 c. 293 §551

618.800 [Repealed by 1973 c.293 § 551

618.810 [Repealed by 1973 c.293 § 551

SUPERSEDED


PENALTIES ( b) If the violator is a person other than an

618.990 [Repealed by 1973 c.293 §551individual, by a fine of not more than $2,500.


618.086, 618.096, 618.121, 618.201 or 618.356is punishable as follows:

a) If the violator is an individual, byimprisonment for not more than six months,

or a fine not to exceed $500, or both.

2) For the purposes of this section, each

day of violation of ORS 618.086, 618.096, 618.121, 618.201 or 618.356 is a separate

offense and the penalties provided in subsection ( 1) of this section apply to each suchOffense. [ 1973 c.293 § 541


Pursuant to ORS 173. 170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter arecorrect copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173.160 and otherchanges specifically authorized by law. Done at Salem, Oregon, Thomas G. Clifford

October 1, 1979Legislative Counsel

942

SUPERSEDED

Chapter 619


Labeling and Inspection of Meat and Meat FoodProducts

619. 066 Labeling of meat products to conform toORS chapters 616 and 618

619. 071 Disposition of moneys received by department

LABELING OF FRYERS

619. 350 Definitions for ORS 619. 350 to 619. 380619. 355 Labeling required before sale for human

STATE MEAT INSPECTION

619.010 Definitions for ORS 619.010 to 619.026 and619.036 to 619.066

619.016 Short title619.021 Policy619.026 Meat preparation establishment sanitation

requirements

619.031 Slaughtering and processing establishment licensing, application of ORS chap-

619. 380

ter 603; rulemaldng, prohibited conductby licensees

619.036 Sanitation and record inspections; seizureof nonconforming foods

619.041 Prohibition on use of establishment orvehicle upon determination of insanitaryconditions; posting notice; removal ofnotice without departmental approvalprohibited

619.046 Rulemaking authority619.051 Prohibited acts619.056 Trichinae treatment required for pork

products

619.061 Tagging and identification of meat products by person operating retail sales andcustom slaughter or processing establishments

619. 066 Labeling of meat products to conform toORS chapters 616 and 618


LABELING OF FRYERS

619. 350 Definitions for ORS 619. 350 to 619. 380619. 355 Labeling required before sale for human

PENALTIES

619. 993 Penalties for meat inspection law violations

CROSS REFERENCES

Administrative procedures and rules of state agencies, 183. 310 to 183. 500

Brand inspectors, powers and duties, 604 540Fish, 509. 070, 509. 075, Ch. 513Fish and shellfish, marketing names, 506 800Grades and standards for agricultural products generally,

632 900 to 632. 985Horse meat, Ch. 620Meat dealer and slaughterer regulation, Ch. 603Oregon Beef Council to disseminate information on

quality of beef, 577. 120Product test reports, publication and distribution by State


943

Prohibitions against altering or removing seal, sign, stamp or similar object used by department, againstselling products from used containers bearing suchmarkings and against reusing, imitating or counterfeiting markings used by department, 561220, 561 230

Shellfish, Ch. 622

Unlawful transporting of meat animal carcasses, 164. 863

619. 360

Suspension of operator' s license upon conviction of violating statute, 482. 480

consumption; exception

619.360 Labeling required before transporting forsale for human consumption

619.365 Misrepresentation concerning grower,

state of origin or fresh condition619.370 Labeling concerning addition of chemical

preservative

619.375 Certain fryers excepted from provisions ofORS 619.350 to 619.380

619. 380 Enjoining violations

PENALTIES

619. 993 Penalties for meat inspection law violations

CROSS REFERENCES

Administrative procedures and rules of state agencies, 183. 310 to 183. 500

Brand inspectors, powers and duties, 604 540Fish, 509. 070, 509. 075, Ch. 513Fish and shellfish, marketing names, 506 800

Grades and standards for agricultural products generally, 632 900 to 632. 985

Horse meat, Ch. 620Meat dealer and slaughterer regulation, Ch. 603

Oregon Beef Council to disseminate information onquality of beef, 577. 120

Product test reports, publication and distribution by StateDepartment of Agriculture, 561 315

943

Prohibitions against altering or removing seal, sign, stamp or similar object used by department, againstselling products from used containers bearing such

markings and against reusing, imitating or counterfeiting markings used by department, 561220,

561 230

Shellfish, Ch. 622

Unlawful transporting of meat animal carcasses, 164. 863

619. 360

Suspension of operator' s license upon conviction of violating statute, 482. 480SUPERSEDED


944

SUPERSEDED

LABELING AND INSPECTION OF MEAT PRODUCTS 619.010

STATE MEAT INSPECTION

619.010 Definitions for ORS 619.010 to619.026 and 619.036 to 619.066. As used inORS 619.010 to 619.026 and 619.036 to619.066:

1) " Adulterated," "misbranded" and simi-

lar terms or words have the same meaningand are defined as contained in ORS chapter616, ORS 632.275 to 632.290, 632.450 to

632.490 and 632.900 to 632.985.

2) " Animal food slaughtering or processing establishment" means any establishmentas defined in subsection ( 8) of this sectionwherein animals are slaughtered or parts

thereof prepared, offered for sale, sold or usedin any manner as animal food.

3) " Capable of use as human food" meansany carcass, part of a carcass or meat product

of any meat animal, which has not been dena-

tured, or otherwise identified as required byrules prescribed by the department, to deterits use as human food, or which is naturallyinedible by humans.

4) " Custom processing establishment" means a stationary establishment whereinslaughtered meat animals, or meat, caused to

be delivered by the owners thereof, are prepared for compensation, payment or remuneration of any kind, and are thereafter returnedto the owner thereof or to his order.

5) " Custom slaughtering establishment" means a mobile or stationary establishmentwherein meat animals, caused to be delivered

by the owners thereof, are slaughtered forcompensation, payment or remuneration of

any kind, and are thereafter returned to theowner thereof or to his order.


7) " Equipment" means all machinery, fixtures, containers, vessels, tools, implementsand apparatus used in and about an establishment.

8) " Establishment" means and includes:

a) Any building, structure or vehicle inwhich meat animals are slaughtered for consumption or meat products are prepared, sold,

offered or held for sale.

b) The ground upon which such place ofbusiness is operated or used, and so muchground adjacent thereto as is also used incarrying on the business of the establishment. The department may prescribe such additionalarea or places which, although they may not

be contiguous or adjacent to the above area orestablishment, may be included therein.

9) " Federal Meat Inspection Act" meansthe Act so entitled approved March 4, 1907, 34 Stat. 1260), as amended by the Wholesome

Meat Act (81 Stat. 584).

10) " Food" means any article used forfood or drink for man or for dogs and cats.

11) " Label" means a display of written, printed or graphic matter upon the immediate

container, other than package liner, of anyarticle. A requirement made under authorityof ORS 576.024, 616.025, 616.080, 619.010 to619.071, 619.370 and 619.993 that any word, statement or other information appears on alabel has not been obeyed unless such word, statement or other information also appears

on the outside container or wrapper, if anythere be, of the retail package of such article, or unless such word, statement or information

is easily legible through the outside containeror wrapper.

12) " Labeling" means all labels and otherwritten, printed or graphic matter upon an

article or any of its containers or wrappers, oraccompanying such article.

13) " Meat animal" means any live cattle, equines, sheep, goats, swine, poultry or rabbits.

14) " Meat" or " meat product" means anyedible muscle, except any muscle found in thelips, snout or ears of meat animals, which isskeletal or found in the tongue, diaphragm, heart or esophagus, with or without any accompanying and overlying fat, and any portion of bone, skin, sinew, nerve or blood vessels normally accompanying the muscle tissueand not separated from it in the process of

dressing or as otherwise prescribed by thedepartment.

15) " Meat byproduct" means any ediblepart, other than meat, derived from one ormore meat animals.

16) " Official mark" means the official

inspection legend or any other symbol prescribed by regulations of the department toidentify the status of any article or animal.

17) " Person" means any individual, partnership, association, incorporated or unincor- porated business organization.

18) " Poultry" means chickens, ducks, geese, turkeys, and all other domesticatedfowls or birds.

19) " Prepared" means ground, seasoned, canned, cooked, salted, frozen, smoked, cured,

945

SUPERSEDED


pickled, packed, boned, dried, cut up, wrappedor otherwise manufactured or processed.

20) " Unwholesome" includes all meat or

meat products which are diseased, contami-

nated, including drug or chemical residue, putrid, unsound, unhealthful or unfit for food.

Amended by 1957 c. 104 §2; 1959 c.565 §2; 1973 c 174 §41


619.026 and 619.036 to 619.066 shall beknown as the State Meat Inspection Act. [1973c. 174 §2]

619.020 [Repealed by 1973 c. 174 §201

619.021 Policy. The intent and purposeof ORS 576.024, 616.025, 616.080, 619.010 to619.071, 619.370 and 619.993 is to give recognition to the Federal Meat Inspection Act

presently being enforced in this state and atthe same time recognize the responsibility ofthe State of Oregon to protect the publichealth of the citizens of this state. In further-

ance of this responsibility the department isauthorized to take all measures necessary andproper in its judgment to complement theenforcement of the Federal Meat InspectionAct, and to prevent and prohibit the sale anddistribution of unwholesome meat and meat

food products dangerous to the health, safetyand welfare of Oregon consumers. In thisrespect the department shall exercise general

sanitary and quality control, and establishsupervision and safeguards over meat estab-

lishments and meat products under its jurisdiction. [1973 c. 174 § 31

619.026 Meat preparation establish-

ment sanitation requirements. ( 1) Everyestablishment, including all equipment therein or thereon, shall be kept in a clean, health-

ful and sanitary condition. 2) Unclean, unhealthful and insanitary

conditions shall be deemed to exist if:

a) All the equipment utilized is not thor-

oughly cleaned on a daily basis, or more oftenas required by the department.

b) Meat and meat products being prepared, packed, stored, sold, distributed or

transported are not securely protected fromflies, dust, dirt and, as far as may be necessary, by all reasonable means from all otherforeign or injurious contamination.

c) The persons and clothing of all employes or other persons therein are unclean.

d) The refuse, dirt and waste products, subject to decomposition or fermentationgenerated in the operation of the establish-

ment, are not removed at least on a daily basisor as otherwise authorized by the department. 1973 c. 174 §51

619.030 [ Amended by 1957 c.104 § 3; repealed by1973 c. 174 §201

619.031 Slaughtering and processingestablishment licensing; application of

ORS chapter 603; rulemaldng; prohibited

conduct by licensees. ( 1) No person shall

operate an animal food slaughtering establishment or processing establishment withoutfirst obtaining a license therefor from thedepartment. The license fee shall be $ 20.

2) The provisions of subsections ( 2) and4) of ORS 603.025, subsections ( 1) and ( 2) of

ORS 603.034, subsection ( 7) of ORS 603.045and subsection ( 2) of ORS 603.075 shall applyto animal food slaughtering establishments orprocessing establishments. Except as providedin this subsection, the remainder of the provisions of ORS chapter 603 do not apply to suchestablishments.

3) Notwithstanding subsection ( 1) of thissection, a person licensed by the departmentunder ORS chapter 603 to slaughter meatanimals and subject to federal meat inspection, or a person licensed by the departmentunder ORS chapter 603 to slaughter only

poultry and rabbits and subject to federalpoultry inspection, or a person licensed by thedepartment under ORS chapter 603 as a non-

slaughtering processor may, without beingrequired to obtain an additional license, alsosell or dispose of meat products as animal foodprovided that such licensees also comply withthe provisions of subsection (4) of this section, ORS 619.010 to 619.026 and 619.036 to619.066.


ORS 183. 310 to 183.500, the department may

promulgate rules necessary to carry out andenforce any procedures or measures to protectthe health of the animals which are fed orintended to be fed the meat products sold by, or disposed by, animal food slaughtering establishments or processing establishments, and to protect the health of other animals inthis state. In addition to the provisions of ORS619.046, for the purposes of this section thedepartment shall take into consideration:

a) The provisions of ORS chapter 596.

b) The procedures necessary to insurethat such meat products which are only fit foror destined for animal consumption are not

sold for human consumption.

946

SUPERSEDED


5) A person licensed as provided by this an unclean, unhealthy or insanitary condition, section: the department shall:

a) Shall not sell, hold or offer for sale any ( a) Notify the owner or person in chargecarcass of a meat animal or part thereof which that such establishment or vehicle shall not beis unfit for or unwholesome as animal food. used for its intended purpose until it is put in

b) Shall not sell, hold or offer for sale acarcass of a meat animal or part thereof forhuman consumption.

c) Shall keep complete and accuraterecords of the meat animals purchased forslaughter, including but not limited to theirdescription, brands if any, date of purchaseand the name and address of the person fromwhom the animals were purchased.

d) Shall keep complete and accuraterecords of the sale of all meat animal carcass-

es or parts thereof, including the name andaddress of the purchaser.

e) Shall comply with the provisions ofORS 619.026. [ 1973 c. 174 § 13; 1975 c.304 § 191

619.036 Sanitation and record inspections; seizure of nonconforming foods. Thedepartment is authorized:

1) To inspect at reasonable times theequipment, meat and meat products and

premises of establishments, meat seller estab-

lishments, grocery stores, or other places ofbusiness, for the purpose of enforcing minimum sanitary requirements, wholesomeness

of meat and meat products and other provi-

sions of ORS 576.024, 616.025, 616.080,

619.010 to 619.071, 619.370 and 619.993 orrules promulgated thereunder.

2) To seize, embargo or detain any foodcommodity, or quarantine any building, equipment, vehicle or facility found upon inspectionor test to be in violation of ORS 619.026 to619.066 or of any rule promulgated pursuantthereto.

3) To inspect at reasonable times therecords required to be kept by subsection (5) ofORS 619.031. [ 1973 c. 174 § 121

619.040 [Repealed by 1973 c. 174 §201

619.041 Prohibition on use of establishment or vehicle upon determination ofinsanitary conditions; posting notice;

removal of notice without departmentalapproval prohibited. ( 1) Whenever the

department determines that any part of anestablishment where meat products destinedfor sale or distribution are prepared, packed, stored, sold or distributed for consumptionoutside such premises, or any vehicle used inthe transportation of such products is kept in

a sanitary condition by making the changesordered in the notice; and

b) Post a notice upon such establishmentor vehicle to the effect that it is condemnedfor further use on account of the unclean,

unhealthful or insanitary condition.

2) The notice shall not be removed without prior approval of the department. A continued use of such establishment or vehicle

without making the changes ordered, or anunauthorized removal of the notice, is a violation of this section. [ 1973 c. 174 § 81

619.046 Rulemaking authority. ( 1) Inaccordance with the provisions of ORS

183.310 to 183.500, the department may promulgate rules necessary to carry out andenforce the provisions of ORS 576.024,

616.025, 616.080, 619.010 to 619.071, 619.370

and 619.993, including but not limited to:

a) The establishment of conditions underwhich carcasses, meat and meat products of

meat animals shall be stored or otherwise

handled by any person engaged in buying, selling, freezing, storing, or transporting sucharticles, so as to assure that such articles willnot be adulterated or misbranded when delivered to the consumer.

b) The establishment of requirements for

any person engaged in buying, selling ortransporting dead, dying, disabled, or diseasedmeat animals, or parts thereof, to assure that

such animals, or the unwholesome meat or

meat products thereof, will be prevented from

being used for human food.

c) The establishment of minimum standards of quality and wholesomeness, and

definitions and standards of identity for meatproducts. The definitions and standards sopromulgated shall conform so far as practicable to the definitions and standards promulgated by authority of the United States andshall not be inconsistent with the definitionsand standards promulgated by such federalauthority under the Federal Meat InspectionAct. Such standards of quality and wholesomeness, and definitions and standards of

identity shall be applicable to any establishment, retail meat market, grocery store orother place where meat products are prepared,

sold, held or offered for sale.

947

SUPERSEDED


2) In promulgating such rules the department may consider:

a) Meat inspection programs and standards of other states and of the United States;

b) Economic, health and welfare conse- quences to this state which might result fromthe production, preparation, handling, sale orconsumption of unwholesome meat or meat

products;

c) Necessary procedures required to prohibit the sale or consumption of unwholesome

meat or meat products;

d) Minimum standards of refrigeration

necessary to protect meat or meat productsfrom spoilage, contamination and disease. 1973 c. 174 §91

619.050 [Repealed by 1973 c. 174 §201

619.051 Prohibited acts. No person

shall:

1) Have in their possession for any reasonor purpose unwholesome meat or meat prod-

ucts that are not denatured and properlyidentified;

2) Carry or transport, by vehicle or otherwise, the carcass or meat of any meat animaldestined for sale or distribution as food, unlessit is thoroughly protected from dust, dirt, fliesor other contaminants;

3) Sell, hold or offer for sale any meatproduct if such meat product is from a meatanimal not slaughtered at an establishment

having inspection under the Federal MeatInspection Act;

4) Engage in an activity requiring a license under the provisions of ORS chapter 603without first procuring such license from thedepartment and maintaining it as prescribedin ORS chapter 603. [ 1973 c. 174 § 61

619.056 Trichinae treatment required

for pork products. No food consisting whollyor in part of pork muscle tissue, such as bolo- gna style sausage, Vienna style sausage,

frankfurt style sausage, summer sausage, all

other similar sausages or pork products, or

prepared products containing pork muscle

tissue, except a fresh product consisting whol-

ly of pork muscle tissue, shall be kept, offeredor exposed for sale as food for human consumption, unless the pork muscle tissue enter-

ing into the products has been subjected toany method of treatment of pork or pork products which will destroy trichinae. [1973 c. 174 § 71

619.060 [Repealed by 1973 c. 174 §201

619.061 Tagging and identification ofmeat products by person operating retailsales and custom slaughter or processing

establishments. Any person operating aretail meat seller establishment, as defined inORS chapter 603, in conjunction with a cus-

tom slaughtering establishment or customprocessing establishment shall mark, tag oridentify all individually wrapped packages orcontainers of meat or meat products slaugh-

tered, wrapped, prepared or handled for theowner of a meat animal, at the time and inthe manner deemed necessary by the department to protect the people of this state fromthe purchase or consumption of uninspected

meat products. [1973 c. 174 § 101

619.066 Labeling of meat products toconform to ORS chapters 616 and 618. Thelabeling requirements for meat or meat products shall be those prescribed in ORS chapter616 and the labeling requirements as toweight or measure of meat or meat products

shall be those prescribed in ORS chapter 618. 1973 c. 174 §11; 1975 c.304 §181

619.070 [Repealed by 1957 x104 §211

619.071 Disposition of moneys re-

ceived by department. All moneys receivedby the department pursuant to ORS 619.010to 619.071 shall be paid into the Departmentof Agriculture Service Fund. Such moneys are

continuously appropriated to the departmentfor the purpose of administering ORS 619.010to 619.071. [ 1973 c. 174 § 15; 1979 c.499 §221

619.080 [ Repealed by 1957 c. 104 §211

619.090 [Repealed by 1973 c. 174 §201

619.100 [Repealed by 1973 c. 174 §201

619.110 [ Amended by 1957 e. 104 § 4; repealed by1973 c. 174 §201

619. 120 [Repealed by 1973 c 174 §201

619.130 [Repealed by 1973 c. 174 §201

619.140 [ Repealed by 1973 c. 174 §201

619.150 [ Repealed by 1973 c.174 §201

619.160 [Repealed by 1973 c. 174 §201

619.170 [Repealed by 1973 c. 174 §201

619.180 [Repealed by 1957 c. 104 §211

619.190 [Repealed by 1957 c. 104 §211


619.210 [Repealed by 1969 c.565 §481

619.220 [ Amended by 1957 c. 104 § 6; repealed by1969 c. 565 §481

948

SUPERSEDED


619.230 [ Amended by 1957 c 104 § 7; repealed by than three - sixteenths of an inch in height, 1973 c. 174 §20] with the words " grown in ( here insert the

619.240 [ Amended by 1957 c. 104 § 8; repealed by1973 c. 174 §201

619.250 [Repealed by 1955 c. 11 § 41

619.310 [ 1959 c.646 R; repealed by 1973 c. 174 §201

619.315 [ 1959 c.646 §2, repealed by 1973 c. 174 §201

619.320 [ 1959 c.646 § 3; 1961 c.230 § l; repealed by1973 c. 174 §201

619.322 [ 1961 c 230 §4; repealed by 1973 c. 174 §201

619.325 [ 1959 c 646 § 4; 1961 c.230 § 2; repealed by1973 c. 174 §20]

619.327 [ 1961 c.230 §5; repealed by 1973 c. 174 §201

201619.330 [ 1959 c. 646 § §5, 6; repealed by 1973 c. 174

619.335 [ 1959 c.646 §8; repealed by 1973 c. 174 §201

619.340 [ Subsection ( 1) enacted as 1959 c.646 § 7, subsection ( 2) enacted as 1961 c.230 §6; repealed by 1973c. 174 §20]

LABELING OF FRYERS


1) " Commission" means the Oregon FryerCommission.

2) " Pryer" means a chicken of any breedor variety, slaughtered under the age of six

months, produced for sale for human consumption as a fryer, broiler or fryer - roaster, or the cut -up parts of such a chicken.

3) " Immediate container" means the box, carton, bag, wrapper or other receptacle usedby any person in transporting a fryer, or inwhich a fryer is offered for sale. ` Immediatecontainer" does not include package liners.

4) " Label" means the information required by ORS 619.350 to 619.380 to be placedon a fryer or on the immediate container bymeans of a stamp, stencil or printing by machine, or by attaching to the immediate container, by means of glue or paste, a machine- printed label. [ 1959 c.385 § 11

619.355 Labeling required before salefor human consumption; exception. ( 1)

Each fryer, or the immediate container inwhich it is inclosed, which is sold, or displayed, exposed or offered for sale for humanconsumption in this state shall be conspicuously labeled with a label not less than oneinch in height and one and one -half inches inwidth in legible letters or figures of not less

name of the state in which the fryer wasgrown)." If the immediate container is made

of transparent material, the label may beplaced inside the material if it is affixed sothat it is easily readable by a consumer orpurchaser. If a fryer is not inclosed in animmediate container, the label shall be placedon a tag securely fastened to the fryer.

2) If fryers are packed in an institutionalor bulk pack, for resale in uncooked form, each whole or half fryer in the pack must beindividually labeled in the manner providedin subsection ( 1) of this section, but an institu- tional or bulk pack of pieces smaller thanone -half fryer size, for resale in uncookedform, may be labeled on the outside of thepack with the words " grown in (here insert thename of the state in which the fryer wasgrown)," in legible letters or figures not lessthan three- eighths of an inch in height, plainly visible to the public.

3) In a meat case display where fryerparts are displayed of less than one -half fryer

size, not contained in a container, each displayutensil must bear an identification tag orlabel with the words " grown in ( here insertthe name of the state in which the fryer wasgrown)," in letters not less than three -eighthsof an inch in height, plainly visible to thepublic.

4) The provisions of subsections ( 1) to (3)

of this section do not apply to fryers which aresold, displayed, exposed or offered for sale toultimate consumers at the farm or ranch

where the fryers were produced, if no fryersproduced elsewhere are sold, displayed, exposed or offered for sale to ultimate consumers at the farm or ranch. [ 1959 c.385 § §2, 31

619.360 Labeling required before

transporting for sale for human consumption. Except as provided in ORS 619.375, andexcept for a common carrier, no person shalltransport any fryer for purposes of sale forhuman consumption unless the fryer is labeled as required by subsections ( 1) to ( 3) ofORS 619.355 and ORS 619.370. [ 1959 c.385 § 71

619.365 Misrepresentation concern-

ing grower, state of origin or fresh condition. No person, by means of any representation, either verbal, printed or written, or byimproper use of labels, shall wilfully represent or pretend that fryers or parts thereof:

949

SUPERSEDED


1) Were grown by any person, or in anystate, other than by the person and in thestate where the fryers were in fact grown; or

2) Are fresh, if at any time after slaughter, they have ever been frozen. [ 1959 c.385 § 4;

1967 c.301 §11

619.370 Labeling concerning additionof chemical preservative. ( 1) No person

shall sell or display, expose, offer or possessfor sale for human consumption, a fryer towhich a chemical preservative has been add-

ed, unless it is conspicuously labeled in legibleletters or figures of not less than one- sixteenth of an inch in height with the wordspreservatives added: (here insert a list of the

preservatives, by their common or technicalnames)."

2) " Chemical preservative," as used in

this section, means any substance, includingbut not limited to antibiotics, which whenadded to fryers tends to prevent or retarddeterioration of the fryer, but does not includecommon salt, sugars, vinegars, spices or oils

extracted from spices, or substances added to

food by direct exposure to wood smoke. 3) Subsections ( 1) and ( 2) of this section

do not apply to a fryer or immediate containerwhich bears a label provided under section81. 120 of the United States Department ofAgriculture Regulations issued pursuant to

the Poultry Products Inspection Act (71 Stat. 441), as amended by the Wholesome PoultryProducts Act of August 18, 1969, ( 82 Stat.

971; U.S.C. 451) et seq. [ 1959 c.385 § 5, 1973 c. 174

141

619.375 Certain fryers excepted fromprovisions of ORS 619.350 to 619.380. Theprovisions of ORS 619.350 to 619.380 do not

apply to fryers being transported from thegrower's residence or place of business to awarehouse for storage, or to any place forinspection, grading, packing or processing. 1959 c 385 §61

619.380 Enjoining violations. In addition to other penalties and enforcement provi-

sions contained in ORS 619.350 to 619.380, circuit courts hereby are authorized, uponpetition of the commission, to enjoin by temporary or permanent injunction any violationof the provisions of ORS 619.350 to 619.380. 1959 c.385 §81

619.410 [ 1957 c 104 §l; repealed by 1973 c. 174 §201

619.420 [ 1957 c. 104 § 10, repealed by 1973 c. 174 §201

619.430 [ 1957 c. 104 § 11; repealed by 1973 c. 174 §201

619.440 [ 1957 c. 104 § 12; repealed by 1973 c. 174 §201

619.450 [ 1957 c. 104 § 13; repealed by 1973 c. 174 §201

619.460 [ 1957 c. 104 § 14; 1967 c.637 §22; repealed by1973 c. 174 §201

619.470 [1957 c. 104 §15, repealed by 1973 c. 174 §201

619.480 [ 1957 c. 104 §16; repealed by 1973 c 174 §201

619.490 [ 1957 c 104 § §17, 18; repealed by 1973 c. 174201

619.500 [ 1957 c. 104 § 19; 1971 c.695 § 8; repealed by1973 c. 174 §201

619.605 [ 1957 c. 104 § 1; 1969 c. 565 § 7; repealed by1973 c. 174 §201

619.610 [ 1955 c.712 § 1; 1957 c.614 § 6; 1959 c 56518; repealed by 1969 c.565 §8 ( 619.611 enacted in lieu of

619.610)]

619.611 [ 1969 c.565 § 9 ( enacted in lieu of 619.610);

repealed by 1973 c 174 §201

619.615 [ 1969 c.565 §11; repealed by 1973 c. 174 §201

619.620 [ 1955 c 712 § 10( 1); repealed by 1973 c. 17420]

619.627 [ 1969 c.565 §33; repealed by 1973 c. 174 §201

619.630 [ 1955 c.712 § 10(2); 1967 c.392 § 3; repealedby 1969 c.565 §481

619.632 [ 1969 c.565 § 13; repealed by 1973 c. 174 §201

619.635 [ 1961 c. 164 § 9; 1967 c.392 § 4; repealed by1969 c.565 §481

619.637 [ 1965 c.483 § 4, 1967 c.392 § 5; 1969 c 56512; repealed by 1973 c. 174 §201

619.639 [ 1969 c. 565 § 13a, repealed by 1973 c 174201

619.640 [ Amended by 1955 c.712 § 13; 1959 c. 565 § 6; 1961 c. 164 §2; repealed by 1967 c.392 § 111

619.642 [ 1959 c.565 § 10; 1961 c. 164 § 3, 1967 c.3926; repealed by 1969 c 565 §481

619.644 [ 1969 c.565 §26; repealed by 1973 c. 174 §201

619.645 [ 1957 c.614 § 2; 1959 c. 565 § 7; repealed by1969 c 565 §48]

619.647 [ Amended by 1959 c.565 § 5; 1961 c. 164 § 4; repealed by 1969 c.565 §481

619.650 [ 1955 c.712 § 14; repealed by 1973 c. 174 §201

619.652 [ 1957 c. 614 § 3( 1); repealed by 1959 c. 56520]

201

950

619.654 [ 1957 c.614 § 3( 2); repealed by 1959 c.565

619.656 [ 1957 c.614 §4, repealed by 1959 c.565 §201

619.658 [ 1957 c.614 §5; repealed by 1959 c.565 §201

619.660 [ 1955 c 712 §15; repealed by 1969 c.565 §481

619.662 [ 1969 c.565 §29, repealed by 1973 c. 174 §201

619.664 [ 1969 c 565 §30; repealed by 1973 c. 174 §201

SUPERSEDED


619.670 [ 1955 c. 712 § 2; 1961 c.164 § 5; repealed by 619.770 [ 1955 c. 712 § 10(6), ( 7); repealed by 19691973 c. 174 §201 c.565 §481

619.675 [ 1969 c.565 §35; repealed by 1973 c 174 §201

619.677 [ 1969 c.565 § 14; repealed by 1973 c. 174 §201

619.680 [ 1955 c.712 §3; repealed by 1969 c.565 §481

619.774 [ 1969 c.565 §47; repealed by 1973 c. 174 §20]

619.776 [ 1969 c.565 §28; repealed by 1973 c. 174 §201

619.778 [1969 c.565 §34; repealed by 1973 c. 174 §201

619.682 [ 1969 c.565 § 40; 1971 c. 734 § 91; repealed by 619.780 [ 1955 c.712 § §7, 9; 1957 c.614 §7; repealed by1973 c. 174 §20] 1969 c.565 §48]

619.684 [ 1957 c.629 § 3; 1961 c. 164 § 6; repealed by1969 c.565 §48]

619.686 [ 1957 c.629 § 5; 1961 c. 164 § 7; 1967 c.63723; repealed by 1969 c.565 §48]

619.687 [ 1959 c.565 §4; repealed by 1969 c.565 §481

619.781 [ 1969 c.565 §37; repealed by 1973 c. 174 §201

619.782 [ 1959 c.565 §12; repealed by 1969 c.565 §481

619.783 [ 1969 c.565 §38; repealed by 1973 c.174 §201

619.784 [ 1959 c.565 § 11; 1967 c.392 § 10; 1969 c.56519; repealed by 1973 c. 174 §201

619.688 [ 1957 c.629 § 6; 1969 c.565 § 15; 1971 c. 734619.786 [ 1959 c.565 § 14; 1969 c.565 § 20; repealed by92; repealed by 1973 c. 174 §201 1973 c. 174 §201

619.690 [ 1955 c.712 §4; repealed by 1959 c.565 §201

619.695 [ 1959 c.565 §3; repealed by 1973 c 174 §201

619.700 [ 1955 c.712 § 5; 1959 c.565 § 8; repealed by1973 c. 174 §20]

619.710 [ 1955 c 712 § 6; 1957 c.629 § 1; repealed by1973 c. 174 §201

619.712 [ 1969 c.565 §27; repealed by 1973 c 174 §201

619.714 [ 1969 c.565 § 16; 1971 c.645 § l; repealed by1973 c. 174 §201

619.715 [ 1965 c.483 § 2; 1967 c.392 § 7; repealed by1969 c.565 §481

619.716 [ 1971 c.645 §3; repealed by 1973 c. 174 §201

619.718 [ 1969 c.565 §17; repealed by 1973 c. 174 §20]

619.720 [ 1955 c.712 § 10(8); 1967 c.392 § 8; repealedby 1969 c 565 §481

619.722 [ 1969 c.565 §32; repealed by 1973 c. 174 §201

619.725 [ 1965 c.483 § 3; 1967 c.392 § 9; repealed by1969 c.565 §48]

619.730 [ 1955 c.712 § 10(3), 1969 c 565 § 18; repealedby 1973 x174 §201

619.732 [ 1969 c.565 §23; repealed by 1973 c. 174 §20]

619.734 [ 1969 c.565 §24; repealed by 1973 c. 174 §201

619.736 [ 1969 c.565 §25; repealed by 1973 c. 174 §20]

481619.740 [ 1955 c.712 § 10(4); repealed by 1969 c.565

619.750 [ 1955 c. 712 § 10(9); repealed by 1961 c16411]

619.760 [ 1955 c. 712 § 16, repealed by 1969 c.565 §481

619.765 [ 1959 c.565 §13; repealed by 1973 c 174 §201

619.769 [ 1969 c.565 §31; repealed by 1973 c. 174 §201

951

619.788 [ 1959 c.565 §9; repealed by 1973 c. 174 §201

619.790 [ 1955 c.712 §8; repealed by 1959 c.565 §201

619.795 [ 1969 c.565 §43; repealed by 1973 c. 174 §201

619.800 [ 1955 c.712 §11; repealed by 1969 c.565 §481

619.810 [ 1955 c.712 § 10(5); repealed by 1973 c. 17420]

619.815 [ 1969 c.565 §36; repealed by 1973 c. 174 §201

619.820 [ 1955 c.712 §12; repealed by 1969 c. 565 §481

619.822 [ 1969 c.565 §44; repealed by 1973 c. 174 §201

619.825 [ 1957 c.629 § 4; 1969 c.565 § 21; repealed by1973 c. 174 §20 and by 1973 c.794 §34]

619.827 [ 1969 c.565 §45; repealed by 1973 c. 174 §201

619.829 [ 1969 c.565 §42; repealed by 1973 c. 174 §201

619.830 [ 1955 c. 712 § 10( 10); repealed by 1973 c. 17420]

619.910 [ 1965 c. 150 H1, 2, 3, 4; repealed by 1973c. 174 §20]

PENALTIES

619.990 [ Subsection ( 5) enacted as 1955 c.712 § 17; subsection ( 6) enacted as 1959 c.565 § 19; 1961 c 164 § 10; subsection ( 7) enacted as 1965 c.483 § 8; subsection ( 8)

enacted as 1965 c. 150 §5; repealed by 1969 x565 §481

619.991 [ Derived from 1957 c 104 §20; 1959 c.385 §9; 1959 c 646 § 9; repealed by 1973 c. 174 §201

619.992 [ 1969 c 565 §46; repealed by 1973 c. 174 §201

619.993 Penalties for meat inspection

law violations. Violation of any of the provisions of ORS 576.024, 619.010 to 619.071 and619.370, or rules promulgated thereunder, is amisdemeanor. [1973 c. 174 § 16; 1975 c.304 §81

SUPERSEDED


CERTIFICA'T'E OF LEGISLA'T'IVE COUNSEL

Pursuant to ORS 173. 170, I, Thomas G Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter arecorrect copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and otherchanges specifically authorized by lawDone at Salem, Oregon, Thomas G. Clifford


952

SUPERSEDED

Chapter 620


Sale of Horse Meat

620.010 Definition

620.020 Stamping of carcasses620.030 Labeling620.040 Posting of notice620.050 Possession as prima facie evidence of

violation

620.060 Inspection prior to sale

620.070 Slaughtering; meat dealer's license required; sanitary regulations

620.080 Enforcement; right to enter premises620.090 Exception as to horse meat for interstate

or foreign commerce

620. 100 Violation by corporations, partnershipsand associations

620.110 Public policy concerning slaughter ofhorses and handling of horse food products

620.120 Prohibitions concerning slaughter of

horses and handling of horse food products

620.990 Penalties

CROSS REFERENCES

Administrative procedures and rules of state agencies, 620.990183.310 to 183.500

Jurisdiction over prosecutions, 561. 290Fixing grades and standards, 632.900 to 632 985Product test reports, publication and distribution by State

Department of Agriculture, 561. 315

953

SUPERSEDED


PI.SI

SUPERSEDED

SALE OF HORSE MEAT

620.010 Definition. As used in ORS620.010 to 620.100, " horse meat" includes the

meat of any horse, ass, mule, hinny, jenny orother equine animal.

620.020 Stamping of carcasses. It isunlawful to sell, offer for sale, or expose forsale any horse meat unless each quarter ofeach carcass is stamped with the words "HorseMeat" in green ink, which words shall belegible and shall be in full -faced type, not lessthan one inch in height.

620.030 Labeling. ( 1) It is unlawful to

sell, offer for sale or expose for sale any cut, processed, ground, smoked, dried or pickled or

cured horse meat, or any such horse meat incombination with other meat unless it is labeled with the words " Horse Meat," in legible

letters not less than one -half inch in heightand in what is known as full -faced type.

2) The label shall be attached as follows:

a) If the meat is in a package or othercontainer, the words shall be stamped on twosides of the package or container.

b) If the meat is not in a package or container, the words shall be stamped upon thesurface of the meat or else contained in a labelattached thereto.

620.040 Posting of notice. Every butch- er shop, grocery store, public market, salesroom or other food store, restaurant, or otherpublic eating room or dining room, wherehorse meat is sold, served or offered for saleshall have posted a sign " Horse Meat SoldHere," or " Horse Meat Served Here," as the

case may be. The sign shall be in legible full- faced type not less than three inches in heightand shall be posted in a conspicuous place notless than four feet nor more than six feet fromthe floor in full view of the patrons of suchbutcher shop, grocery store, public market, sales room, food store, restaurant, eating roomor dining room.

620.050 Possession as prima facie

evidence of violation. The possession by anybutcher shop, grocery store, food store, restaurant, or other public eating room or diningroom of any horse meat or any meat productcontaining horse meat which is not labeled asrequired by ORS 620.020 and 620.030, orwithout posting the notices required by ORS620.040, is prima facie evidence of a violationof ORS 620.010 to 620.100.

955

620.090

620.060 Inspection prior to sale. Nohorse meat shall be sold in this state for purposes of human consumption unless and until

the carcass of the animal is first inspected bya federal, state, county or city veterinaryinspector and determined to be free from anyand all infectious or other disease or conditions which would render the meat unwholesome for human consumption.

620.070 Slaughtering; meat dealer's

license required; sanitary regulations. It isunlawful to slaughter any horse, ass, mule, hinny, jenny or other equine animal, for thepurpose of sale or to offer for sale the meat

from any such animal without first procuringfrom the State Department of Agriculture ameat dealer's license as otherwise provided bylaw. No horse or other equine animal shall beslaughtered in any abattoir where other thanequine meat food animals are slaughtered. Nolicense shall be granted to any person for theoperation or maintenance of any abattoir orSlaughtering house wherein horses or otherequine animals are slaughtered for human

consumption unless all buildings and equipment used or intended to be used in connec-

tion therewith conform in every respect to thesanitary requirements prescribed by the lawsof this state and by rules and regulationsmade and promulgated by the State Depart- ment of Agriculture.

620.080 Enforcement; right to enterpremises. All authorized officers, employesand agents of the State Department of Agn- culture, and all persons employed as state,

county or city meat or food inspectors shallenforce ORS 620.010 to 620. 100. Any suchperson has the authority to enter any placewhere meat or meat products are sold, offered

for sale or served to the public during businesshours to inspect such meat and to take samples of such meat or meat products for analysis.

620.090 Exception as to horse meatfor interstate or foreign commerce. ORS620.010 to 620.100 do not apply to any personpreparing horse meat under the supervision ofthe United States Bureau of Animal Industryof the Department of Agriculture while suchmeat or meat products is offered for sale onlyin interstate or foreign commerce. However, ifany such person sells or offers for sale anyhorse meat or meat product containing horsemeat in intrastate commerce within this state, he is subject to all of the provisions of ORS620.010 to 620.100.

SUPERSEDED


620.100 Violation by corporations,

partnerships and associations. If any provision of ORS 620.010 to 620.090 is violated bya partnership, corporation or association, allthe members of the partnership or association,

and the managing head and all the officers ofthe corporation having knowledge of the violation, are guilty of violating those sections andare subject to the penalties provided in subsection (1) of ORS 620.990.

620.110 Public policy concerning

slaughter of horses and handling of horsefood products. It is declared to be the public

policy of Oregon that it is inimical to thehealth and welfare of the people of the Stateof Oregon that horses be slaughtered alongwith other meat animals or that the foodproducts derived from the slaughter of horsesbe commingled in storage plants, wholesale or

retail sales establishments handling othermeat animals. [1953 c.263 § 11

620.120 Prohibitions concerning

slaughter of horses and handling of horsefood products. It shall be unlawful toslaughter horses for human consumption in

any establishment where other domestic animals are slaughtered for human consumption

or to keep or offer for sale any food products

derived from horses in any wholesale or retailmeat market in which other meat or meat

food products are sold; providing, however, that the provisions of this section shall not

prohibit sale of frozen packaged horse meatlabeled as such from frozen food cabinets ingrocery stores or in the grocery section ofmarkets, or the sale of products containing

horse meat in sealed containers which shall belabeled to indicate that the product contains

horse meat or is animal food. [1953 c.263 § 21

620.310 [Repealed by 1955 c. 134 § 11

620.320 [Repealed by 1955 c. 134 § 11

620.330 [Repealed by 1955 c. 134 § 11

620.990 Penalties. ( 1) Violation of anyof the provisions of ORS 620.010 to 620.100 ispunishable, upon conviction, by a fine of notmore than $ 100 or by imprisonment in thecounty jail not to exceed 90 days, or both.

2) Anyone violating the provisions ofORS 620.120 shall, upon conviction, be pun-

ished by imprisonment in the county jail fornot more than one year or by a fine of notmore than $500, or both. [ Subsection ( 2) enacted

as 1953 c 263 §3; amended by 1955 c. 134 §21

CERTIFICATE OF LEGISLA'T' IVE COUNSEL

Pursuant to ORS 173. 170, I, Sam R. Haley, Legislative Counsel, do hereby certify that I have compared each sectionprinted in this chapter with the original section in the enrolled bill, and that the sections in this chapter are correctcopies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and other changesspecifically authorized by law. Done at Salem, Oregon, Sam R. Haley


956

SUPERSEDED

Chapter 621


Purity, Grades, Standards and Labels of DairyProducts and Substitutes

DEFINITIONS; GENERAL PROVISIONS621.005 Definitions621. 010 Restraining violations of ORS 621.055 to

621. 124 or 621. 151 to 621.291621.015 Disposition of license fees; appropriation621.020 Use of Ring Test or Whey Test for brucello-

sis .

GRADES AND STANDARDS OF QUALITY FOR

DAIRY PRODUCTS PLANTS

FLUID MILK

621.055 Definitions for ORS 621.055 to 621. 124

621.060 Establishing standards of quality and

Applicability of graders and plant provi-

identity621. 062 Deviation from standard of identity pro-

Operation of dairy products plant without

hibited621.065 Designation of grades621.070 License required to use grade designation621. 072 Licensing to use grade designation; deter-

Issuance of license; renewal; suspension;

mination of fees

621.077 Bacterial standards621.079 Milk sampler and grader license required

ucts plants

for certain operations

621.081 Milk sampler and grader license; fee;

dairy products plant

issuance; revocation

621.083 Procedures and equipment for graders

621.084 Weighing, sampling and testing fluid milk621.085 Milk not to be sold for human consump-

user of nonstandard bulk storage facili-

tion; coloring defective milk621.088 Sale or possession of milk or cream to

Grades and standards of quality for milk

which water has been added

621.089 Application of ORS 621.055 to 621. 120 to

Licensee to employ grader

person with only two cows or three goats621.090 City milk ordinances; minimum state

Record of grade of milk and cream graded

standards to be maintained

621.095 Application of ORS 621.055 to 621. 120 to

Condemnation of unlawful milk or cream

holder of permit or license where city

Weighing, sampling and testing for milk fat

milk ordinance in force

621. 100 Free movement of fluid milk within state;

Regulations regarding weighing, sampling

inspection areas; cities prohibiting sale

and testing

of unpasteurized fluid milk; emergencies621. 102 Application and enforcement outside area

ing, sampling or testing and to have own

of jurisdiction of tests, findings, orders

tests made

and notices of suspension of city or in-

Liability of licensee for inaccurate weigh-

spection agency

621. 105 Entry and use of fluid milk produced

Authority of department to take charge of

outside state; reciprocal agreements

621.115 Labeling requirements; bottling unpasteu-

noncompliance by licensee

rized fluid mills; sale or purchase during

Pasteurization to be supervised by li-

suspension; purchase from nonlicensed

censed pasteurizer operator

person

621. 117 Distributor or producer - distributor may

pasteurization process

sell only milk that is pasteurized or from

Pasteurizer operator license; fee

herd free of known disease; exception

621. 118 Pasteurization equipment; supervision by

ability to comply with changes in laws or

licensed pasteurizer operator621. 119 Falsely representing milk pasteurized

Suspension or revocation of licenses

prohibited

621. 120 Suspension of grade use privilege

621. 124 Milk not to be sold if from diseased animals or from animals that have not beentested or retested for brucellosis

957


621. 151 Title of ORS 621. 151 to 621. 291621. 152 Definitions for ORS 621. 151 to 621.291621. 156 Applicability of graders and plant provi-

sions to fluid milk and dairy products621. 161 Operation of dairy products plant without

license prohibited621. 166 Application for dairy products plant

license; fee; expiration621. 171 Issuance of license; renewal; suspension;

revocation

621. 176 Standards of construction for dairy products plants

621. 181 Standards of sanitation for operation ofdairy products plant

621. 186 Sanitation of equipment621.193 Standards for farm bulk storage facilities621. 198 Prohibition against use or dealing with

user of nonstandard bulk storage facilities

621. 201 Grades and standards of quality for milkand cream

621. 206 Licensee to employ grader621.211 Test for sediment in milk and cream621.216 Record of grade of milk and cream graded621.221 Price differential between grades621.226 Condemnation of unlawful milk or cream621.231 Weighing, sampling and testing for milk fat

content

621.236 Regulations regarding weighing, samplingand testing

621. 241 Right of producer to be present at weighing, sampling or testing and to have own

tests made

621246 Liability of licensee for inaccurate weighing, sampling, testing or recording

621.251 Authority of department to take charge ofweighing, sampling and testing upon

noncompliance by licensee621.256 Pasteurization to be supervised by li-

censed pasteurizer operator

621. 261 Regulations regarding equipment used inpasteurization process

621. 266 Pasteurizer operator license; fee621.276 Licensees to show knowledge of and

ability to comply with changes in laws orregulations

621.281 Suspension or revocation of licensesissued under ORS 621266

621.286 Prohibitions621.291 Applicability of ORS 621.151 to 621.286 to

cities having their own system of inspection and grading

621.297 Certification of milk and dairy producttesting laboratories; fee

957

SUPERSEDED


ICE CREAM AND OTHER FROZEN DESSERTS 621.410

621.305 Definitions for ORS 621.305 to 621.369621.311 Definitions and standards of identity for

frozen desserts

621.315 Standard weight and measure of packagesand containers of frozen desserts

621.320 Labeling requirements for frozen desserts621.325 Additional labeling required for frozen

desserts

621. 330 Labeling containers of frozen dessert mix621.335 Licenses to freeze and sell frozen desserts621.340 Selling frozen dessert with excessive

bacteria count prohibited

621.345 Sale or offering for sale of misrepresentedproduct prohibited

621. 348 Possession of misrepresented productprohibited

621.350 Sale or offer for sale of improperly labeledfrozen dessert prohibited

621.352 Mellorine to be sold only in properlylabeled factory filled containers

621.355 Selling frozen dessert without licenseprohibited

621.357 Use of certain words in sale or advertisingof mellorine prohibited

621.360 Sale of imitation frozen dessert prohibited

621.365 Reducing percentage of milk fat621. 367 Seizure or embargo of frozen desserts or

frozen dessert mixes which are improperly labeled or below minimum weight

621.368 Revocation of licenses

621.369 Possession of frozen dessert or frozendessert mix as prima facie evidence ofintent to sell

CONDENSED OR EVAPORATED MILK; IMITATION MILK AND DAIRY PRODUCT

SUBSTPrUTES

621.416

621.418

621.420

621.425

621.429

621.435

621.440

rI!

Requisites of milk used in manufacture ofcondensed or evaporated milk

Milk" and " imitation milk" definedStandards for imitation milk products; sale

of nonstandard imitation milk prohibited

Sale of imitation milk in eating places; posting notice

Labeling containers of imitation milkLabeling of machine vending imitation

milk products

Substitute dairy products; use in tradename or advertisement of words indicating product to be genuine

Person selling imitation dairy products tokeep sales book record

Restrictions on serving colored buttersubstitute in public eating place

CONTAINERS

621.656 Definitions for ORS 621. 656 to 621.666

621.661 Condemnation of unfit container and itscontents

621.666 Prohibition against unauthorized removal

of condemnation tag or marking or useof container or its contents

TESTING FOR MILK FAT CONTENT

621.720 Testing for milk fat content required621.730 Department to provide testing; contracts of

purchase not to be terminated; remedy; fees

621.740 Liability for payment of fees621.750 Rules for testing621.754 ORS 621.720 to 621. 754 supersede conflict-

ing statutes

621.405 Definitions and standards for condensedor evaporated milk 621.990 Penalties

CROSS REFERENCES

Administration and enforcement of food and dairy lawsgenerally, 616.005 to 616.120


183.310 to 183.500

Establishing grades and standards, inspection and classification, 632.900 to 632.985

Legislative review of need for agency, 182.615Liquid and nonliquid commodities, restrictions upon

measuring quantities for sale, 618 206Milk marketing, production and distribution, Ch. 583Product test reports, publication and distribution by State

Department of Agriculture, 561.315

When dairy products deemed adulterated, 616.235When dairy products deemed misbranded, 616.250

PENALTIES

621.015

Expenditures without allotment prohibited in certaincases, 291. 238

621.661

Prohibitions against altering or removing seal, sign, stamp or similar object used by department, againstselling products from used containers bearing suchmarkings and against reusing, imitating or counterfeiting markings used by department, 561. 220, 561. 230

621.990

Jurisdiction over prosecutions, 561.290

958

SUPERSEDED

DAIRY PRODUCTS AND SUBSTITUTES

Note: Section 23, chapter 842, Oregon Laws 1977, isoperative July 1, 1984, and repeals 621. 079, 621,081, 621.083, 621. 118, 621. 161, 621. 166, 621. 171, 621.206, 621.256, 621266, 621. 271, 621276, 621. 281 and 621. 293relating to the Department of Agnculture.

DEFINITIONS; GENERALPROVISIONS

621.005 Definitions. As used in thischapter, unless the context requires otherwise:


2) " Director" means the Director of theState Department of Agriculture.

3) " Grader" means a person who holds amilk sampler's and grader's license issuedunder ORS 621.081. [ Amended by 1979 c.320 § 151

621.010 Restraining violations of ORS621.055 to 621.124 or 621. 151 to 621.291. ( 1)

a) If the State Department of Agriculturebelieves that any person is engaged in or isabout to engage in any act or practice which isa violation of ORS 621. 055 to 621. 124 or

621. 151 to 621. 291, the department may applyfor a temporary or permanent injunctionrestraining the person from violating theprovisions of those sections. The application

for the injunction may be made to the circuitcourt of any county in which the person isengaged in or is about to engage in the unlawful act or practice, and such court has jurisdiction to grant a temporary or permanent injunction without bond. No injunction underthis section shall be granted without notice tothe person sought to be enjoined unless itappears from facts shown by affidavit thatserious injury to the public health wouldresult before the matter can be heard on no-

tice, in which case the court may grant atemporary injunction. The remedy providedthe department by this section is in additionto all other remedies, civil and criminal.

b) In case a temporary injunction isgranted without notice, in the contingencyspecified in paragraph ( a) of this subsection, the matter shall be made returnable on anorder requiring cause to be shown, on theearliest day that the business of the court willpermit, but not later than seven days from thedate of such order, why the injunction shouldnot be continued. When the matter first comesup for hearing after a temporary injunctionhas been granted without notice, the department must be ready to proceed and must haveserved upon the defendant, at least two days

prior to such hearing, a copy of the original or

621.015

an amended application for the temporaryinjunction and of the affidavits to be used insupport of such application; if the department

is not ready, or if the department fails to servethe defendant with a copy of the applicationand affidavits as required, the court shall

dissolve the temporary injunction. The defendant, however, shall be entitled to one contin- uance for a reasonable period, if he desires it, to enable him to meet the application for the

temporary injunction. The defendant may, inresponse to such order to show cause, present

affidavits relating to the matter, and if suchaffidavits are served on the department at

least two days prior to the hearing, the department shall not be entitled to any continuanceon account thereof. On the day upon which thematter is made returnable on an order to show

cause, such hearing shall take precedence overall other matters on the calendar of said day, except older matters of the same character,

and matters to which special precedence maybe given by law. When the cause is at issue itshall be set for trial at the earliest possibledate and shall take precedence over all othercases, except older matters of the same char-

acter, and matters to which special precedence

may be given by law.

2) The sole method of procedure availableto an applicant or licensee where a license

required by or issued under ORS 621. 055 to621. 124 or 621.151 to 621.291 is refused, revoked or suspended is the procedure provided in ORS 183.310 to 183.500; and the applicant or licensee shall not be permitted tolitigate collaterally, as a defense in a proceeding for an injunction under subsection ( 1) ofthis section, any matter concerning the refusal to grant or the revocation or suspension of a

license required by or issued under ORS621. 055 to 621. 124 or 621. 151 to 621. 291 if hewas heard or might have been heard on such

matter directly in an administrative hearingunder ORS 183.310 to 183. 500, or on an appeal from such hearing. [ 1955 c. 714 § 1; 1961 c.425

13]

621.015 Disposition of license fees; appropriation. The department shall depositall fees paid to it under this chapter in theDepartment of Agriculture Service Fund. All

such fees are continuously appropriated to thedepartment for the purpose of administeringand enforcing this chapter. [ 1963 c48 § 2; 1979

c.499 §23]

959

SUPERSEDED


621.020 Use of Ring Test or WheyTest for brucellosis. Notwithstanding allother laws to the contrary, the department inlieu of blood testing of dairy -type animals forbrucellosis as provided or required by thischapter, may approve by regulation the procedures, processes, practices, methods and the

use of the Rung Test or the Whey Test. [ 1957c.346 §6]

GRADES AND STANDARDS OFQUALITY FOR FLUID MILK

621.055 Definitions for ORS 621.055 to621. 124. As used in ORS 621. 055 to 621. 124, unless the context requires otherwise:

1) " Distributor" means a person purchas-

ing, only, unpasteurized fluid milk and causing it to be processed, including pasteurization, and bottled for distribution and sale forhuman consumption.

2) " Fluid milk" includes milk and anyother product made by the addition of anysubstance to milk or to any milk productwhich is produced, processed, distributed, sold, offered for sale or exposed for sale for humanconsumption in liquid form and shall include

the fluid milk products for which a standard

of identity has been established by the department.

3) " Milk" means the lacteal secretion of

cows and goats.

4) " Nonprocessing distributor" means a

person who sells fluid milk in consumer sizedunits under his own brand or trade name, which fluid milk has been processed and pack-

aged for such person by a distributor orproducer - distributor.

5) " Person" means and includes any individual, partnership, association or corporationand his or its agents.

6) " Producer" means a person engaged in

the production on a dairy farm of unpasteurized fluid milk, but who does not bottle fluidmilk for distribution and sale for humanconsumption.

7) " Producer- distributor" means a person

producing unpasteurized fluid milk on a dairyfarm and bottling such milk, either pasteurized or unpasteurized, on the premises where

produced for distribution and sale for humanconsumption; but a producer-distributor maypurchase unpasteurized milk from a producerand distribute such milk after pasteurization.

Amended by 1955 c 714 §11; 1959 c.346 §2]

621.060 Establishing standards of

quality and identity. (1) Official state stan-

dards of quality shall be established by thedepartment for fluid milk, both pasteurized

and unpasteurized, in the manner prescribed

by ORS 632.900 to 632.935.

2) The standards of quality establishedshall be based upon:

a) The health of the cows and goats;

b) The physical facilities of dairies and

milk processing plants;

c) The standard of sanitary maintenanceof dairies and milk processing plants including equipment used therein, the cleanliness ofoperating personnel, and the cleanliness ofadjacent land areas;

d) The physical facilities for the transportation of fluid milk, and the methods and

standards of sanitary maintenance of suchfacilities;

e) The quality of the fluid milk as shownby an examination by means suitable to thedetermination of its quality, and also, thefactors affecting the nutritional value of fluidmilk as a human food; and

f) Any other factor found by the department, upon hearing, to affect the quality, odor, flavor or wholesomeness of fluid milk.

3) Definitions and standards of identityfor fluid milk may be established by the department. [ Amended by 1971 c. 769 § 11

621.062 Deviation from standard of

identity prohibited. No person shall process, distribute, sell, offer for sale or expose for salefluid milk which does not conform to a stan-

dard of identity established by the department. [1959 c.346 §31

621.065 Designation of grades. Thereshall be two standards of quality establishedfor fluid milk. The highest standard of qualityestablished for fluid milk shall be designatedas " grade A." The other standard of qualityshall be designated as " grade B." [ Amended by

1955 c.714 §121

621.070 License required to use grade

designation. No person shall use any gradedesignation on bottle caps, in advertising, onlabels or in any other manner connected withthe sale of fluid milk, unless the person hasobtained from the department a license to usethe grade designation.

960

SUPERSEDED


621.072 Licensing to use grade designation; determination of fees. ( 1) The de-

partment shall issue a license to use the gradedesignation " grade A" or " grade B" to anyperson who:

a) Makes written application for a license; and

b) Is engaged in the business of producingor distributing, or both, fluid milk; and

c) Meets the requirements of the particular grade designation for which application ismade.

2) If a person carries on both the activities of a producer and of a producer - distributor such person shall obtain a separatelicense for each such activity.

3) Before and after issuing a license under ORS chapter 621 the department shall asit deems necessary inspect the physical facilities of the applicant's dairy or plant and suchother factors as may relate to the productionor distribution of fluid milk. The physicalfacilities must conform to the requirementscreated by regulation for the production anddistribution of fluid milk meeting the standards of quality for which the license to usethe particular grade designation is sought.

4) Each license issued under this sectionexpires one year from the date of its issuanceunless sooner revoked and may be renewedupon application of the licensee. Each application for a license or annual renewal thereofshall be accompanied by a license fee. The feesfor the several types of licenses shall in so faras reasonable and practical be based upon thecost of inspection. If a business under one

entity or ownership is required to obtain morethan one type of license under ORS 621.055 to

621. 291, the fees shall be adjusted by thedepartment in order that an owner is notrequired to pay more than a total of $ 120

during each license period.

5) The fees which shall be established bythe department, shall not exceed the followingfor each annual license:

Producer, $55.

Producer-distributor, $80.

Distributor, $80.

Nonprocessing distributor, $50.

6) The department may refuse to issue orrenew, or may suspend or revoke a license forany violation of ORS 621.055 to 621. 120 orrule thereunder. [ Formerly 621. 075; 1967 c 254 § 1; 1971 x773 §8]

621.081

621. 074 [Formerly 621080, repealed by 1963 c.48 §5]

621.075 [ Amended by 1955 c.714 § 13; renumbered621. 072]

621.077 Bacterial standards. All fluid

milk shall conform to the same bacterial standards. [Formerly 621. 0821

621.079 Milk sampler and grader

license required for certain operations. (1) Each person who operates or drives a farm

pickup milk tank truck for the purpose oftransporting milk in bulk from a farm, otherthan a farm owned or controlled wholly or inpart by such person, to any receiving pointshall obtain a license from the department as

provided by ORS 621. 081 authorizing suchperson to take samples of milk for analysis bythe department.

2) Each distributor who receives milk inproducer containers shall designate at least

one plant employe who shall obtain a license

as provided by ORS 621. 081 from the department authorizing such person to take samplesof milk for analysis by the department.

3) Each milk hauler, milk receiver orother person who grades fluid milk as fit or

unfit for processing as fluid milk due to quality, odor, flavor or wholesomeness shall firstobtain a license from the department as pro-

vided by ORS 621. 081 authorizing such personto sample and grade fluid milk. The gradershall make a true written record of grade, thereason for rejection with the name of theproducer, the date of rejection and the quanti-

ty involved. A copy of the record shall be madeavailable to the department. [ 1959 c. 145 H2, 3;

1979 c.320 § 11

621.080 [ Amended by 1959 c. 145 § 9; renumbered621.074]

621.081 Milk sampler and grader

license; fee; issuance; revocation. ( 1) Each

applicant for a milk sampler's and grader'slicense shall be required to demonstrate satis-

factorily by written examination given by thedepartment an adequate knowledge of milk

sanitation as it relates to the sampling, grading and handling of fluid milk and cream foranalysis. Each application for a license shallbe accompanied by a fee of $25. The fee shallnot be refunded for any reason.

2) Examinations for licenses shall begiven by the department at least once annually in Salem, and at such other places as appears by the volume of applications to benecessary and practical.

961

SUPERSEDED


3) The department shall issue licenses tothe applicants it finds to be qualified. Each

license shall be valid for so long as the licensee is employed in a position where milk sam-

pling or grading is necessary, unless revokedor suspended by the department.

4) The department may revoke or suspend or refuse to reissue the license of anyperson licensed as provided by ORS 621.079who fails to take such samples or to perform

grading as is required by the department orwho does not or has not complied with theprovisions of this chapter or rules promulgat-

ed under the authority of this chapter. [ 1959

c.145 §§ 4, 5, 6, 8; 1963 c.48 §3; 1971 c.773 § 9; 1979 c.320

2]

621.082 [ 1955 c.714 §16; renumbered 621.0771

621.083 Procedures and equipment

for graders. The department shall establishstandards of procedure and acceptable types of

equipment which shall be used by graders intaking and safeguarding samples of milk foranalysis. [1959 c. 145 §7; 1979 c.320 § 111

621.084 Weighing, sampling and testing fluid milk. Distributors and producer -

distributors and all other purchasers of milk

from producers shall weigh, sample and test

fluid milk purchased by them from producersin the same manner as milk and cream are

weighed, sampled and tested under ORS621.231 to 621. 251. [ 1955 c.714 § 81

621.085 Milk not to be sold for human

consumption; coloring defective milk. Anyfluid milk which contains sediment in excessof the sediment toleration for fluid milk estab-

lished by the department or which containsother foreign matter or deleterious substance

which renders it unfit for human consumption

shall be deemed to be unlawful milk and shall

not be sold or offered for sale for human con-

sumption. Any person grading fluid milk asunlawful shall immediately affix to the container thereof a condemnation tag which shallbe in such form as the department may prescribe, and in addition shall thoroughly mixwith that milk such harmless red coloringmatter as will prevent the fluid milk from

being sold, offered or exposed for sale forhuman consumption.

621.088 Sale or possession of milk or

cream to which water has been added. Noproducer, producer-distributor, distributor, or

nonprocessing distributor as defined by ORS

621.055, or licensee as defined by ORS621. 152, or a dairyman who produces and sells

milk for manufacturing purposes, an employeor agent thereof shall offer or expose for sale,

sell, exchange or deliver to any person, theretail trade or other places or have in possession or under control, with intent to sell, expose, deliver, purchase for resale or receive formanufacture, any milk or cream to whichwater has been added, as evidenced by officialdepartment laboratory test, except as may bepermitted by the department in:

1) The reconstitution of fluid milk; or

2) The transportation of the product con-

taining added water to a dairy products plant, as defined in ORS 621. 152, for recovery of themilk food solids. [ 1955 c.714 § 10; 1957 c.346 § 1;

1979 c.320 §3]

621.089 Application of ORS 621.055 to

621. 120 to person with only two cows orthree goats. The provisions of ORS 621.055 to

621. 120 do not apply to a person owning notmore than two producing cows or three producing goats, but such person may sell thefluid milk from such animals for human or

other consumption without complying with

the provisions of ORS 621. 055 to 621. 120 onlyif:

1) He does not advertise the milk for sale.

2) The milk is sold directly to the consumer.

3) No more than two producing cows orthree producing goats are located on the premises where the milk is produced. [ 1955 c.25 § 2;

1973 c.99 § 11

621.090 City milk ordinances; minimum state standards to be maintained. ORS 621.055 to 621. 120 do not prohibit an

incorporated city from enacting and enforcingan ordinance establishing standards of qualityfor fluid milk; except that the municipal grade

designations authorized by such ordinancesmust conform to the state grade designationsfor fluid milk created by ORS 621.065. Thedepartment shall investigate at least once

every two years the milk supply of incorporated cities having in force such ordinances, todetermine whether or not minimum state

standards of quality, at least, are being maintained. Whenever the department finds thatthe municipal standards are not being maintained and enforced so as to equal, at least,

the state standards of quality, it shall givewritten notification of that finding to thechief administrative officer of the city. If the

962

SUPERSEDED


department finds, not less than 30 days afterthe date of the written notice, that the municipal standards are not being maintained andenforced, the provisions of ORS 621.055 to621. 120 shall thereupon become applicable to

all persons selling, delivering, producing ordistributing fluid milk, or both, within thecorporate limits of the city. [ Amended by 1959c.241 § 1]

621.095 Application of ORS 621.055 to621. 120 to holder of permit or license

where city milk ordinance in force. Theprovisions of ORS 621.055 to 621. 120 do not

apply to any person holding a valid permit orlicense to produce, distribute or sell fluid milk

within the corporate limits of a city which hasenacted and is enforcing an ordinance theterms of which establish standards of qualityfor fluid milk equal at least to the standardsestablished by the department pursuant toORS 621.060; except as state regulations maybecome applicable to such persons after withdrawal of state approval of a city inspectionsystem as provided in ORS 621.090, and except as the provisions of ORS 621. 100 shall

also apply.

621. 100 Free movement of fluid milkwithin state; inspection areas; cities prohibiting sale of unpasteurized fluid milk; emergencies. (1) Subject to subsections ( 2) to

5) of this section, the fluid milk of any producer operating under and complying with thesystem of fluid milk regulation authorized byORS 621. 055 to 621. 120 may be transported orsold any place in this state irrespective of the

fact that such transportation or sale may be inan area operating under a system of inspection other than that under which it was produced.

2) A city having an approved system offluid milk inspection may inspect, on a permanent basis, the dairy farm of any producer orany fluid milk produced thereon for the purpose of approving fluid milk for use within thecorporate limits of the city.

3) Whenever an individual producer issupplying fluid milk to two or more cities eachhaving an approved system of inspection, thedepartment shall make a determination, afterconferring with authorized representatives of

both cities, which city shall carry on the inspection of the producer's dairy farm and milkproduced thereon, and in addition theretoshall make provision for the interchange ofinformation between the affected cities relating to the inspection.

963

621. 102

4) Whenever fluid milk from severalproducers is pooled and commingled prior to

movement for processing and bottling bydistributors operating under different inspection systems, the department, after conferringwith all inspection agencies concerned, shallassign definite areas within which each af-

fected inspection agency may carry on inspection if it wishes to do so, otherwise the depart-

ment shall carry on inspection of all dairyfarms and fluid milk of producers furnishingmilk to the pool.

5) Any city having an approved system offluid milk regulation may prohibit the salewithin the corporate limit of such city of unpasteurized fluid milk except for the purpose

of further processing, including pasteurization.

6) In the event of an emergency creatinga milk shortage in any area, the departmentmay also permit the transportation and sale insuch area of fluid milk prepared and processed

by producer - distributors or by distributorswithout restriction and irrespective of the fact

that such transportation or sale may be in anarea operating under a system of inspectionother than that under which the fluid milk

was processed and bottled.

7) Nothing in this section shall be construed to affect the provisions of ORS chapter583 ( 1953 edition).

621. 102 Application and enforcementoutside area of jurisdiction of tests, findings, orders and notices of suspension ofcity or inspection agency. (1) Notwithstand- ing ORS 621.095, if a city or inspection agencyin the enforcement of an ordinance, rule or

regulation, as authorized by ORS 621.090 or621. 100, issues any order affecting the operations of any person holding a valid permit orlicense to produce, distribute or sell fluid milkor suspends the privilege of such person to use

a grade designation on containers of fluidmilk, because of a violation of an order, rule, regulation or ordinance and provided at the

same time the person violated minimum state

standards or the provisions of ORS 621. 055 to621. 124, then such order or notice of suspension shall be effective against the operations

of such person including the deliveries of fluidmilk both within and without the limits of the

city or the area over which the inspectionagency has jurisdiction.

2) If the city or the inspection agencylacks authority or jurisdiction because of thelocation of the person or his operations, or for

SUPERSEDED

621. 105 FOOD AND OTHER COMMODITIES

any other reason, then the department herebyis authorized to use the same identical city orinspection agency tests, inspection findings, orders or notices of suspension as if they hadbeen issued, promulgated or adopted by thedepartment and the department has concur-

rent jurisdiction and authority to enforcethem against the person named therein as if

he had been operating subject to and had beenlicensed by the department under this chapter.

3) The violation by any person of anyorder or notice of suspension, enforceable bythe department as provided for in subsection

1) of this section, shall subject the person to

the same penalties as if he had been operatingsubject to and had been licensed by the department. [ 1957 c 346 § 21

621. 105 Entry and use of fluid milkproduced outside state; reciprocal agree-

ments. (1) The department may, for the purpose of assuring the people of this state acontinuous and adequate supply of wholesome

and nutritious fluid milk, permit the entryand use in this state of fluid milk produced inother governmental units under the conditions

set forth in this section. For the purposes of

this section the term " governmental unit"

means and includes any state, territory of theUnited States, or political subdivision of such

state or territory.

2) The department shall investigate and

survey the system of regulation of the fluidmilk industry in effect in the governmentalunit in which the fluid milk, for which entryis sought, is produced. The investigation shall

be made into all the factors relating to thequality of fluid milk as prescribed in ORS621. 060. Upon a determination by the department that the system of fluid milk regulationin effect in such governmental units is of a

nature that will reasonably assure that fluidmilk produced thereunder will be of a qualitysubstantially as high as fluid milk producedin this state, the department may issue apermit to any person operating under thatsystem for the movement of fluid milk intothis state.

3) Recognition by the department of thesystem of regulation and inspection of fluid

milk produced or processed in any other governmental unit shall only be granted in caseswhere such other governmental unit grants a

reciprocal recognition to fluid milk produced

or processed in this state.

4) The department may give full faithand credit to the acts of any other governmen-

tal unit administering a system of fluid milkregulation recognized by the department, suspending, temporarily or permanently, theright or privilege of any person under thejurisdiction of such governmental unit to

produce or process fluid milk.

5) The department shall arrange with

any other governmental unit administeringand enforcing a system of fluid milk regulation recognized by the department for theexchange of information necessary to assurean uninterrupted interchange of wholesome

and nutritious fluid milk between such governmental unit and this state.

6) Nothing in this section shall be construed to interfere with the operations and

effect of ORS chapter 583 [ 1953 edition).

621. 110 [ Repealed by 1979 c.320 §191

621. 115 Labeling requirements; bot-

tling unpasteurized fluid milk; sale or

purchase during suspension; purchase

from nonlicensed person. ( 1) No person

shall sell, expose for sale, offer for sale or

knowingly transport fluid milk in containers:

a) Which has been produced and pro-

cessed by a person who has not first obtaineda license to use a state grade designation on

fluid milk produced or processed by him.

b) Which is not labeled on the container

or container cap with the name and address ofthe producer, distributor, nonprocessing distributor or producer-distributor of the milk

and the applicable state grade; except that

containers of unpasteurized fluid milk shipped

by producers to a milk plant for pasteurizationand which are identified by shipper name ornumber shall not be required to be so labeled.

2) No person shall bottle unpasteurizedfluid milk except on the premises where it isproduced.

3) No producer or a producer - distributor

shall sell or offer for sale fluid milk duringthe period while such producer's or producer -

distributor's license to use a grade designationon fluid milk has been suspended under ORS621. 120.

4) No distributor shall knowingly purchase fluid milk from any person whose license to use a grade designation has beensuspended under ORS 621. 120.

964

SUPERSEDED


5) No distributor shall knowingly purchase fluid milk from any person who has notreceived a license under ORS 621. 072.

6) Each container of fluid milk sold, ex-

posed for sale, or offered for sale, by a nonprocessing distributor shall be labeled on thecontainer or on the container cap with eitherthe name and address of the distributor or

producer-distributor processing and bottlingthe fluid milk or with a code number, assigned

by the department, identifying such distributor or producer - distributor. [ Amended by 1955c. 714 § 14]

621. 117 Distributor or producer -

distributor may sell only milk that is pasteurized or from herd free of known disease; exception. No distributor or producer - distributor shall sell, offer or expose for sale

any fluid milk for human consumption whichhas not been pasteurized or produced by aherd free of known disease, except that whennot more than one reactor animal appears

when the herd is tested for brucellosis, milkmay still be sold if the animal is slaughteredand herd retested as provided in ORS chapter596 and regulations promulgated thereunderand no additional reactors appear. If one or

more additional reactors appear in successive

tests, no milk may be sold from this herd untilthe herd regains a brucellosis -free status. [1955c.714 §9(3); 1957 c 346 §3; 1969 c. 152 §5; 1975 c.299 § 11

621. 118 Pasteurization equipment;

supervision by licensed pasteurizer operator. ( 1) Where pasteurization equipment is

used by a distributor or producer-distributor, the pasteurization process shall be under thedirect supervision of a pasteurizer operatorlicensed under ORS 621. 266, and the provisions of ORS 621.261, 621. 266 and 621.276apply to such pasteurizer operator and thepasteurization process. If the pasteurizer

operator fails to comply with the regulationspromulgated by the department under ORS621.261, his license may be revoked or suspended or otherwise limited.

2) No distributor or producer - distributor

shall operate or permit the operation of anypasteurization equipment except under the

direct personal supervision of a person licensed as a pasteurizer operator under ORS621.266. [ 1955 c.714 §9( 1), ( 2)]

621. 119 Falsely representing milk

pasteurized prohibited. No person shall

falsely represent by word, design, device or by

621. 124

any other means that any fluid milk has beenpasteurized. [1955 c.714 § 9(4)]

621. 120 Suspension of grade use privilege. (1) In addition to the powers conferredon the department pursuant to ORS 621. 055

to 621.115, the department may suspend theprivilege of any person to use a grade designation on containers of fluid milk produced or

distributed by the person. The power of suspension may be exercised by the departmentfor any violation of ORS 621.055 to 621. 120, or of the regulations promulgated under the

authority of those sections.

2) No suspension shall be for a periodlonger than 10 days; except that in all casesthe department shall assure itself that theviolation for which the suspension was im-

posed has been corrected by the person againstwhom it was imposed before the suspension islifted.

3) No suspension shall be imposed unlessthe department has, within the six months

immediately preceding the violation for whichthe suspension is to be imposed, first notified

in writing the person to be suspended that afurther violation of the same character will be

grounds for suspension by the department. The notice of suspension shall be in writingand shall state length of the suspension and

the reason for the suspension.


183.500 do not apply to suspensions imposedunder authority of this section, however,

appeal shall be in the manner provided byORS 183.480 to 183.500. Nothing in this subsection shall be construed to deprive any person of the right to present any defense theperson may have to a criminal prosecutioninstituted for violation of ORS 621.055 to621. 115, nor shall it deprive the person of the

right to a declaratory judgment in a propercase. [ Amended by 1961 c.425 § 14, 1979 c 320 §41

621. 124 Milk not to be sold if from

diseased animals or from animals thathave not been tested or retested for brucellosis. ( 1) As used in this section " test"

means a test for brucellosis performed by aveterinarian in a manner approved by thedepartment.

2) The tests required by this section shallonly be made by state, assistant state or deputy state veterinarians employed or appointedby the department, or veterinarians employedby the United States Department of Agricul- ture.

965

SUPERSEDED


3) No person shall sell, offer or expose for

sale any fluid milk with knowledge that suchmilk has been produced from a herd of cows or

goats one or more of which are infected with

brucellosis at the time the milk was produced,

or with knowledge that all animals in such

herd have not been tested or retested for brucellosis. [ 1957 c.346 §5 ( enacted in lieu of 621. 125)]

621. 125 [Amended by 1955 c. 14 § l; repealed by 1957c.346 §4 ( 621. 124 enacted in lieu of 621. 125)]


621. 151 Title of ORS 621. 151 to

621.291. ORS 621. 151 to 621.291 shall be

known and may be cited as the Oregon DairyProducts Plant Act. [1953 c.686 §301

621. 152 Definitions for ORS 621. 151 to

621. 291. As used in ORS 621. 151 to 621.291,

unless the context requires otherwise:

1) " Contract milk hauler" means a person

who, under the terms of a contract or agree-

ment for hire or pay, accepts and transportsbulk milk from the premises of milk produc-

ers, receiving or transfer stations to milk orother dairy products plants.

2) " Cream" means that portion of milk

which consists of milk fat.

3) " Dairy products" means butter, all

known varieties of cheese, frozen desserts and

frozen dessert mixes containing milk, creamor nonfat milk solids; and evaporated, con-

densed, sterilized, concentrated, powdered,

dried or fermented milk, whey, cream or skim- med milk processed for human consumption.

4) " Dairy products plant" means:

a) Any establishment in which milk isreceived, processed or used in manufacturingdairy products for human consumption.

b) Any place or premises in or at whichmilk is received or collected.

c) Any contract milk hauler, or personhaving mobile equipment, including bulk tanktruck, used in the transportation of milk or

cream.

d) Any nonprocessing cooperative, corporation, association or person serving as a

marketing agent for producers. 5) " Department" means the State Depart-


6) " Disease -free herd" shall mean a herdof cows or goats which is not an infected herdas defined in this subsection. " Infected herd"

shall mean a herd of cows or goats in which a

reactor animal has been discovered by any ofthe tests authorized by law, and which has notregained its disease -free status following suchslaughter of reactor animals and retesting of

the herd as may be prescribed by the department pursuant to ORS chapter 596 or other

applicable law.

7) " Licensee" means a person licensed to

operate a dairy products plant pursuant to theprovisions of ORS 621. 151 to 621.291.

8) " Milk" means the lacteal secretion of

cows or goats.

9) " Milk hauler or receiver" means a

person who, in the course of his employment, accepts bulk milk or milk products from a

producer, milk plant, receiving or transferstation, and transports such commodity to amilk or dairy products plant.

10) " Pasteurize" means the process estab-

lished by the department pursuant to ORS621.261, by which each particle of milk, creamor any dairy product is treated, usually byheat, for the purpose of destroying or rendering harmless bacterial organisms, includingpathogenic organisms and viruses.

11) " Producer" means a person who pro-

duces milk to be sold to a dairy products plant. 12) " Unreasonable amount of sediment"

means milk or cream which contains more

than two and one -half milligrams of sediment

as measured by the sediment standards established by the United States Department ofAgriculture or similar method approved bythe department. [ 1953 c.686 § l; 1957 c.346 § 7; 1963

c.80 §l; 1969 c. 164 §4; 1971 c 769 §21

621. 155 [Repealed by 1953 c.686 §371

621. 156 Applicability of graders andplant provisions to fluid milk; and dairyproducts. ORS 621. 079, 621. 081, 621.084,

621. 117, 621. 118, 621. 119, 621.201, 621.206, 621.216, 621.226 and 621.266, are applicable

to the statutes relating to both fluid milk asdefined in ORS 621.055 and dairy products asdefined in ORS 621. 152. [ 1953 c. 686 § 29; 1955

c 714 §6; 1971 c.769 §3; 1979 c.320 §51

621. 160 [Repealed by 1953 c.686 §371

621. 161 Operation of dairy productsplant without license prohibited. No person

shall engage in any of the activities in theoperation of a dairy products plant unless thatperson has a valid dairy products plant license. A separate plant license shall be ob-

tained for each plant operated by a person atwhich dairy products are processed. No person

SUPERSEDED


shall be required to obtain a license while

acting as a milk hauler or receiver, or forreceiving or transfer stations operated inconjunction with a processing plant. [1953 c 6862; 1971 c.769 §41

621. 165 [ Repealed by 1953 c.686 §371

621. 166 Application for dairy products plant license; fee; expiration. ( 1) Ap- plication for a dairy products plant licenseshall be made to the department on forms

furnished by it. Except as provided in subsection (3) of this section, each application shallbe accompanied by a license fee of $ 60. If adairy products plant is also required to obtainan additional type of license under ORS

621.055 to 621.291, the combined license feesshall be adjusted in accordance with the provisions of subsection (4) of ORS 621.072.

2) The license and each annual renewal

shall be valid until June 30 next following itsissuance.

3) In addition to any other license feesrequired by this chapter, each person, cooperative, corporation or association acting as adairy products plant as defined in paragraphsa) and ( b) of subsection ( 4) of ORS 621. 152

who also performs the activities of a contract

milk hauler as defined in subsection ( 1) ofORS 621. 152, and each contract milk hauler

shall submit an application accompanied by alicense fee not to exceed the following:

a) $ 10 for one mobile milk tanker; and

b) $ 7.50 for each additional mobile milktanker.

4) The licensing provisions of this sectionshall not apply to any mobile milk tankerowned and operated by any person, cooperative, corporation or association acting as adairy products plant while transporting dairyproducts, as defined in subsection ( 3) of ORS

621. 152 from such dairy products plant towholesale or retail outlets for the purpose ofsale thereof.

5) For the purposes of this section " mobilemilk tanker" means each individual tank or

container used to transport fluid milk, milk ormilk products. [ 1953 c.686 § 3; 1967 c.254 § 2; 1971

c.769 §5; 1979 c.320 §61

621. 170 [Repealed by 1953 c.686 §371

621. 171 Issuance of license; renewal; suspension; revocation. (1) The department

shall issue the dairy products plant licensewhen it determines that the dairy products

621. 181

plant to be operated by the applicant is incompliance with the provisions of ORS

621. 151 to 621.291 and the regulations issued

under its authority.

2) The department may refuse to issue orrenew or may revoke or suspend the license ofany person who fails to comply with the provisions of ORS 621. 151 to 621.291 and the regulations promulgated under it. [1953 c.686 § 41

621. 175 [Repealed by 1953 c.686 §371

621. 176 Standards of construction for

dairy products plants. For the purpose ofassuring that the handling and processing ofdairy products is conducted in a sanitaryenvironment which will protect dairy productshandled, processed or stored from contamination, the department shall prescribe mini-

mum standards of construction for dairy products plants, including but not limited to, thefollowing:

1) Floors, walls, ceilings.

2) Doors and windows.

3) Lighting and ventilation.

4) Toilet and lavatory facilities.

5) Water supply.

6) Separation and partitioning of roomsfor carrying on the several handling, processing and storage functions. [ 1953 c.686 §51

621. 180 [Repealed by 1953 c.686 §371

621. 181 Standards of sanitation for

operation of dairy products plant. Thedepartment shall prescribe minimum stan-

dards of sanitation for the operation of dairyproducts plants including, but not limited to, the following:

1) Washing, cleaning, maintenance andcondition of floors, walls and ceilings of all

rooms directly connected with the handling, processing and storage of dairy products, andthe equipment used therein, including mobileequipment used in transportation of milk or

cream from farm to plant or bet,yeen plants.

2) Health and cleanliness of personnel.

3) Cleanliness and sanitation of sur- rounding premises.

4) Disposal of all waste and sewage material.

967

5) Insect and rodent control. [ 1953 c.686 §61

621. 185 [Repealed by 1953 c.686 §371

SUPERSEDED

621. 186 FOOD AND OTHER COMMODITIES

621. 186 Sanitation of equipment. ( 1)

The cans or other containers in which milk

and milk products are stored, received, trans-

ported or delivered by any person shall bethoroughly washed, sterilized and dried afteremptying and before being used again.

2) Subsection (1) of this section is applica-

ble to utensils, apparatus or equipment used

by a licensee for any purpose other than thatof handling milk and milk products.

3) The inside surfaces of any equipment, apparatus or container which comes in contact

with milk or its products shall be smooth,

readily cleanable, free from open seams, cracks, crevices and rust spots. [ 1953 c.686 § 71

621. 190 [Repealed by 1953 c.686 §371

621. 191 [ 1953 c.686 §8; repealed by 1969 c. 152 §61

621. 193 Standards for farm bulk stor-

age facilities. In accordance with any applicable provisions of ORS 183.310 to 183.500, thedepartment shall promulgate rules prescrib-

ing standards of construction and sanitationfor bulk storage tanks, equipment, buildings

and other facilities used by producers to storemilk that is to be sold to a dairy productsplant. Such standards of construction and

sanitation are for the purpose of insuring thewholesomeness of dairy products, and mayinclude, but are not limited to:

1) Size, location, construction and sanita-

tion of bulk storage tanks, equipment, buildings and other facilities.

2) Lighting and ventilation.

3) Water supply.

4) Cooling equipment. [ 1969 c. 164 § 21

621. 195 [Repealed by 1953 c.686 §371

621. 196 [ 1953 c.686 §9; repealed by 1969 c 152 §61

621. 198 Prohibition against use or

dealing with user of nonstandard bulkstorage facilities. (1) No producer shall store

milk that is to be sold to a dairy productsplant, in bulk storage tanks, equipment,

buildings or other facilities that do not con-

form to the standards prescribed pursuant to

ORS 621. 193.

2) No licensee shall receive or purchase

milk from a producer, that is stored in bulkstorage tanks, equipment, buildings or other

facilities that do not conform to the standards

prescribed pursuant to ORS 621. 193. [ 1969

c 164 § 31

621. 200 [ Repealed by 1953 c 686 §371

621.201 Grades and standards of

quality for milk and cream. (1) The depart-

ment shall establish by rule, as provided inORS 183.310 to 183.500, official state grades

and standards of quality applicable to all milkand official state standards of quality applicable to the several grades of cream. The several

grades of cream shall be known, in descendingorder of quality, as: Premium grade, firstgrade and second grade. Separate reasonablegrades and standards shall be established formilk and separate reasonable standards shall

be established for each grade of cream. The

grades and standards shall be based upon:

a) Bacteriological examination or test of

milk by the method known as the methyleneblue test, or by other reliable methods.

b) Sediment content.

c) Acid content.

d) Flavor.

e) Odor.

f) Condition of cleanliness.

g) Wholesomeness.

2) The grades and standards for milk and

the standards for the grades of cream mayfrom time to time be changed by the department as provided in subsection ( 1) of this

section. [ 1953 c.686 § 10; 1955 c 118 § l; 1979 c 91 § 11

621. 205 [ Repealed by 1953 c.686 §371

621.206 Licensee to employ grader. Each licensee shall employ a grader who shallaccurately and impartially grade all milkpurchased by the licensee from producersbefore it is commingled with other milk or

otherwise loses its identity. [1953 c.686 § 11, 1979c 320 §121

621. 210 [Repealed by 1953 c 686 §371

621.211 Test for sediment in milk andcream. A test to determine the amount and

nature of sediment in milk or cream shall be

made by a grader on the first milk or creampurchased or received from a producer. If thetest reveals no unreasonable amount of sedi-

ment, no further sediment test need be madeon the milk or cream purchased or received

from that producer during the following 30days, but at least one test for sediment content shall be made each 30 days on milk orcream purchased or received from each pro-

ducer. However, a grader may make a sediment test of milk or cream any time the grader has reason to believe it contains an unrea-

968

SUPERSEDED


sonable amount of sediment or that such test

otherwise is advisable. [ 1953 c.686 § 15; 1979 c.32016]

621.215 [Repealed by 1953 c.686 §371

621.216 Record of grade of milk andcream graded. The grader shall make a truewritten record of the grade of all milk graded

by the grader. The record shall also show thename of the producer, the date of delivery andof grading, and the quantity involved. Therecord shall be delivered to and retained bythe licensee for 30 days and shall be available

for inspection by the producer of the milk andby the department. [1953 c.686 § 12; 1979 c.320 § 141

621.220 [Repealed by 1953 c.686 §371

621.221 Price differential betweengrades. ( 1) A price differential between theseveral grades of milk and cream shall be

maintained by the licensee for all milk andcream purchased by the licensee directly fromthe producer. The differential shall be computed as provided in subsection ( 2) of thissection. The producer of milk or cream purchased by a licensee shall be paid on the basisof the applicable grades.

2) The price differential between theseveral grades of milk shall not be less thanfive percent of the price paid for milk of thenext highest grade. The price differentialbetween the several grades of cream shall benot less than three cents per pound of butterfat between premium and first grade creamand not less than five cents per pound of butterfat between first grade and second gradecream.

3) The licensee shall post in a conspicuousplace, at each place where milk or cream is

received by the licensee for purchase, theprices currently being paid for the severalgrades of milk or cream. The department mayinspect at reasonable times and in a reasonable manner those books, records and accounts

of any dairy products plant that relate to thepayments made by the licensee to producersfor milk or cream purchased by the licensee todetermine whether or not the payments havebeen made in compliance with the provisionsof this section. [ 1953 c.686 § 13; 1955 c. 118 § 2]

621.225 [Repealed by 1953 c.686 §371

621.226 Condemnation of unlawful

milk or cream. (1) Whenever a grader deter-

mines that any milk or cream is unlawful, heshall immediately affix to its container a

621.236

condemnation tag. Condemnation tags shallbe in such form as prescribed by the department. The grader shall also thoroughly mixwith the condemned milk or cream some

harmless coloring matter. 2) As used in this section the term " un-

lawful milk or cream" means:

a) Milk or cream which contains dirt,

filth, oil or other foreign matter which mayrender them, or dairy products from them, unfit for human consumption.

b) Milk or cream which is stale, cheesy, rancid, putrid, decomposed or actively foam- ing.

c) Milk or cream which contains an un-

reasonable amount of sediment of any kind. 1953 c.686 §141

621.230 [Repealed by 1953 c.686 §371

621.231 Weighing, sampling and testing for milk fat content. ( 1) All milk and

cream purchased from producers not subject to

subsection ( 4) of this section by the licenseeshall be accurately tested by the licensee forits milk fat content by means of the methodknown to the industry as the " Babcock Test," or any equally accurate and efficient testapproved by the department.

2) Each delivery of cream not subject tosubsection (4) of this section shall be weighed,

sampled and tested at time of delivery.

3) Each delivery of milk not subject tosubsection (4) of this section shall be weighed

and sampled at time of delivery and shall betested by means of an individual sample or acomposite sample made up from a representative sample from each delivery of milk. Thecomposite sample shall be made at intervalsnot to exceed 16 days.

4) When milk is sampled on the farm

from a bulk milk storage tank for testing, thesampling frequency shall be established byregulations promulgated by the department. 1953 c.686 § 18; 1959 c. 144 §11

621.236 Regulations regarding weighing, sampling and testing. ( 1) The depart-

ment shall promulgate regulations relating tothe weighing, sampling and testing of milkand cream on the following:

a) The procedure and method of conduct-

ing the test required by subsection ( 1) of ORS621. 231, including the proper equipment to beused to assure uniformity and accuracy.

b) The method of identification and preservation of samples of milk and cream.

969

SUPERSEDED


c) The method and frequency of weighingand sampling milk and cream.

d) The making and preservation ofrecords of the amount, grade and test of milk

and cream received from individual producers.

2) Subsection ( 1) of this section shall not

be construed as a limitation on the authorityof the department to make other necessaryregulations. [ 1953 c.686 § 19; 1959 c. 144 §21

621.241 Right of producer to be

present at weighing, sampling or testingand to have own tests made. The producerof milk or cream, or the producer's agent, hasthe right to be present while the licenseeweighs, samples or tests the milk or cream,

and to take samples of the milk or cream and

have them privately tested. At the request ofany producer, a dairy products plant shallnotify him of the time and place where themilk or cream will be weighed, sampled or

tested. [1953 c.686 § 201

621.246 Liability of licensee for inaccurate weighing, sampling, testing orrecording. If a producer is damaged by aninaccurate weighing, sampling or testing ofmilk or cream by a licensee or by the inaccurate recording of the results of any test, hemay, if action or suit is brought therefor, inaddition to damages, recover a reasonable

attorney's fee to be fixed by the court. [ 1953

c.686 §211

621.251 Authority of department totake charge of weighing, sampling andtesting upon noncompliance by licensee. The department, in lieu of revoking the license of any licensee, and with the licensee'swritten consent, may take charge of theweighing, sampling and testing of the milk orcream received or purchased by the licensee. In this event, the department shall employcompetent personnel of its own choice to per-

form the required weighing, sampling or

testing. The salary and necessary expenses ofsuch personnel shall be paid by the department, who shall be reimbursed by the licenseeeach month. The department shall continue in

charge of the weighing, sampling and testingof the milk or cream received or purchased bythe licensee until such time as the departmentis satisfied that the licensee will and can

comply with all the provisions of ORS 621. 151to 621.291. When the department is so satis-

fied, control of the weighing, sampling andtesting shall be returned to the licensee. [ 1953c.686 §221

621.255 [Repealed by 1953 c.686 §371

621.256 Pasteurization to be super-

vised by licensed pasteurizer operator. Inall dairy products plants where pasteurizationequipment is operated, the pasteurization

process shall be under the direct supervisionof a pasteurizer operator licensed under ORS

621.266. [ 1953 c.686 § 161

621.260 [Repealed by 1953 c.686 §371

621.261 Regulations regarding equipment used in pasteurization process. Thedepartment shall promulgate regulations

prescribing the equipment to be used in thepasteurization of dairy products and the manner of cleaning and maintaining the equipment. When the department authorizes theuse of heat as a method of pasteurization, it

shall prescribe the necessary regulations forthe use of recording thermometers or otherdevices for determining the time and temperature reached during the pasteurization pro - Cess. [ 1953 c.686 § 171

621.265 [Repealed by 1953 c.686 §371

621.266 Pasteurizer operator license; fee. ( 1) All applications for a license as apasteurizer operator shall be made to the

department on forms provided by it. Anylicenses issued by the department under thissection may be restricted in their applicationto the person licensed so as to authorize the

holder to engage only in a limited line ofactivity commensurate with the holder's ability.

2) The applicant shall be required to passa reasonable written examination and give a

practical demonstration of ability of the applicant to carry out the duties required under thelicense. Each application for a license shall be

accompanied by a fee of $25.

3) The fee shall not be refunded for anyreason. The license shall be valid for the life- time of the person to whom it is issued, exceptas provided in ORS 621. 276. [ 1953 c.686 § 23;

1963 c.48 §4; 1971 c.773 § 10; 1979 c.320 §71

621. 270 [Repealed by 1953 c.686 §371

621.271 [ 1953 c.686 §24; repealed by 1979 c.320 § 191

621. 275 [Repealed by 1953 c.686 §371

621.276 Licensees to show knowledge

of and ability to comply with changes inlaws or regulations. ( 1) When any amendment is made in the laws of this state or new

regulations are promulgated relating to achange in the grades of milk or the operation

970

SUPERSEDED


of pasteurizing equipment, the departmentmay require any person licensed by the department to demonstrate knowledge and fam-

iliarity with such amendments or changes andability to comply with them.

2) Any person who becomes subject to theprovisions of this section has not less than 30nor more than 60 days to meet such additionalrequirements. If, at the expiration of 60 days, the person licensed has not demonstrated

knowledge and ability in respect to such additional requirements, the license to grade milk

shall be suspended automatically. [ 1953 c.686

25; 1979 c.320 § 131

621.280 [Repealed by 1953 c.686 §371

621.281 Suspension or revocation of

licenses issued under ORS 621.266. If anyperson licensed under ORS 621.266 fails,

neglects or refuses to fully and faithfullycomply with any provisions of ORS 621. 151 to621.291 required of persons so licensed, his

license may be revoked or suspended, or otherwise limited. [1953 c.686 § 261

621.285 [ Repealed by 1953 c 686 §371

621.286 Prohibitions. ( 1) No person

shall operate or permit the operation of anypasteurization equipment except under the

direct personal supervision of a person licensed as a pasteurizer operator under ORS621.266.

2) No licensee shall sell, offer or exposefor sale any milk or cream which has not beenpasteurized or produced by a disease -freeherd, except to another licensee for the manufacture of dairy products.

3) No person shall knowingly sell, offer orexpose for sale any milk or cream which hasnot been pasteurized or produced by a disease - free herd, except to a licensee for the manu-

facture of dairy products. 4) No licensee shall sell, offer or expose

for sale any dairy product processed or manufactured by the licensee unless all of the milkor cream constituents have been pasteurized

and produced by a disease -free herd.

5) No person shall knowingly sell, offer orexpose for sale any dairy product unless all ofthe milk or cream constituents of such product

have been pasteurized and produced by adisease -free herd.

6) Excepting cottage cheese, the pasteurization requirement of subsections ( 4) and ( 5)

of this section shall not apply to cheese whichhas been aged for at least 60 days from the

621. 291

date of manufacture, which date must appearon the cheese or its container.

7) No person shall falsely represent byword, design, device, or by any other meansthat any milk, cream or dairy product hasbeen pasteurized.

8) No licensee shall fail, neglect or refuse

to provide for the grading of all milk andcream transported, received or purchased bythe licensee as required by ORS 621. 151 to621.291.

9) No person shall fail, neglect or refuse

to file the report required by ORS 621. 191. 10) No person shall alter, remove or

tamper with any condemnation tag affixed bythe department pursuant to the provisions ofORS 621.226.

11) No licensee or grader shall:

a) Negligently sample, weigh or test anymilk or cream.

b) Fraudulently manipulate any weight, sample or test of milk or cream.

c) Make a false entry or record of theweight, or test of milk or cream on any statement, record or invoice. ( 1953 c.686 § 28; 1969

c. 152 §1; 1971 c.743 §402; 1971 c.769 §6; 1979 c.320 §171

621.290 [Repealed by 1953 c.686 §371

621.291 Applicability of ORS 621. 151to 621.286 to cities having their own system of inspection and grading. (1) Nothingin ORS 621. 151 to 621.286 shall be construed

as prohibiting any incorporated city fromenacting and enforcing an ordinance estab-

lishing a system of continuous inspection ofdairy products and dairy products plants orfrom grading or degrading any dairy or dairyproducts or barring the same from sale withinthe city, provided that any such ordinanceshall provide a system of inspection equal at

least to the system of inspection of dairy products or dairy products plants established byORS 621. 151 to 621. 286 and the regulations

promulgated under its authority, and that thegrading of any dairy products or dairy products plants as provided by ordinance shall beat least equal to that employed by the StateDepartment of Agriculture.

2) The department shall investigate not

less than twice each year the enforcement bya city having a system of inspection and grading to determine whether or not such systemof inspection and grading is being enforced. Whenever the department shall find that it is

not being enforced or that the standards are

971

SUPERSEDED


not at least equal to those of the department,

the department shall give written notification

of such findings to the chief enforcement

officer of the city and shall file a copy of suchwritten notice with the city auditor, clerk orrecorder as the case may be. If the departmentthereafter shall find, not less than 30 days

after the date of such notice, that the system

of inspection and grading is not being enforced or is not at least equal to that of the

department, then the inspection and gradingby the department shall become applicable toall persons and establishments theretofore

operating under the municipal system; provided, however, that any dairy product may bedegraded or barred from sale in any municipality by local action in the event of an epidemic of disease, or is found to carry patho- genic bacteria, or if such degrading or barringfrom sale is necessary for the preservation ofthe life or health of the inhabitants of such

city. [ 1953 c.686 §361

621—M [1971 c.769 §8; repealed by 1979 c.320 §191

621.295 [ Repealed by 1953 c.686 § 371

621.297 Certification of milk and

dairy product testing laboratories; fee. (1)

Milk and dairy industry laboratories or othercommercial laboratories capable of analyzingmilk and dairy products, may be certified bythe department to perform, by officially recognized methods, certain analyses of milk and

dairy products. Certification shall be made bythe department's chief laboratory officer andshall be for those tests and analyses specified

in ORS 621.055 to 621. 120 or regulations

thereunder, and may be limited by the department to a specific test, to a specific method,

and to specific products.

2) Each laboratory certified by the department pursuant to subsection ( 1) of this

section, shall pay to the department on orbefore July 1 of each year it is certified, a feenot to exceed $ 100 to assist in payment of the

cost of inspection of certified laboratories bythe department. The department shall estab-

lish by regulation the amount of such fee dueunder this subsection considering its costs of

ICE CREAM AND OTHERFROZEN DESSERTS


621.369. As used in ORS 621.305 to 621.369:

1) " Animal fats" means those fats derivedfrom animal sources, except milk fat.

2) " Consumer" means any person who

purchases frozen desserts for consumption butnot for resale.

3) " Freezer head" means that part of a

machine or unit wherein the food is prepared

by freezing while stirring. 4) " Frozen dessert mix" includes the

unfrozen, blended ingredients, in liquid or

powdered form, from which the particular

frozen desserts defined and standardized in

ORS 621.311 are made by freezing the mixingredients to a solid or semisolid consistency.

5) " Frozen desserts" include any foodproduct as defined and standardized in ORS621.311.

6) " Machine" means the freezer or anyother device by which the liquid ingredientsfor frozen desserts are frozen to a solid or

semisolid consistency.

7) " Milk products" means the milk from

bovine animals or goats or any constituentpart of such milk, either liquid or dried, andincludes milk, cream, skim milk, milk fat, butter, butter oil, plastic cream, buttermilk,

condensed buttermilk, dry buttermilk or anycombination of such products.

8) " Milk shake base" means a semisolid

frozen dessert dispensed through a freezer

head for use in preparing milk shakes. 9) " Person" includes any individual, part-

nership, corporation or association regularlyengaged in the commercial preparation or sale

of any commodity covered by ORS 621.305 to621.369.

10) " Retailer" or " a person selling at

retail" or words of similar import mean anyperson who freezes or makes frozen desserts

for sale to or for use by a consumer, includingfrozen desserts served in connection with anymeal, but not including railroad dining cars orany hospital, school or institution or fraternal, social or religious organization which prepares

and serves food to its patients, students, members or guests.

11) " Vegetable fats" means those fats

derived from vegetable sources.

inspection and other relevant expenses. [ 1971 ( 12) " Wholesaler" or " a person selling at

c.769 §91 wholesale" or words of similar import mean

972

SUPERSEDED


any person, other than a retailer, engaged inthe business of freezing or making frozendesserts for sale. [ Amended by 1953 c 684 § 12; 1959c.343 § l; 1961 c.459 § l; 1965 c.45 §l; 1979 c.320 §81

621. 310 [ Amended by 1953 c.684 § 12; repealed by1961 c.360 §1 ( 621. 311 enacted in lieu of 621 310)]

621.311 Definitions and standards ofidentity for frozen desserts. ( 1) As author-

ized by ORS 616.230 and 632.900 to 632.935, the department shall establish definitions andstandards of identity for frozen desserts including ice cream, ice milk, sherbet, dietetic ordietary frozen desserts, mellorine, water iceand milk shake base.

2) In addition to other guideposts andstandards, the department in establishingdefinitions and standards for frozen dessertsshall take into consideration the following:

a) List of ingredients.

b) Percentage of butterfat.

c) Percentage of animal fat or vegetablefat content of mellorine.

d) Percentage of total milk solids content.

e) Percentage of total food solids content.

f) Weight per gallon.

g) Flavor and color labeling. [ 1961 c.360 § 2

enacted in lieu of 621310); 1965 c.45 §21

621.315 Standard weight and measure of packages and containers of frozen

desserts. M -ozen desserts sold in other thanindividual serving devices, shall be sold interms of gallons, quarts or pints weighing notless than 4.5 pounds per gallon, or less than36 ounces per one -half gallon, or less than 18ounces per quart, or less than nine ounces per

pint. If the average weight of 10 units, e.g. 10quarts, or any lot of frozen dessert of the samebrand and flavor equals or exceeds the mini-

mum weight established for such units by thissection, the requirements shall be deemed to

have been met; provided, no individual unitshall be more than five percent of the requiredunit weight under the minimum weight established for such unit. All packages and finaldelivery containers shall be labeled with thesize of the container in terms of pints, quarts

Or gallons. [Amended by 1953 c.684 § 121

621.320 Labeling requirements forfrozen desserts. ( 1) Frozen desserts sold in

package form or final delivery containersshall be labeled with:

a) The name and place of business of themanufacturer, packer or distributor.

621.330

b) The size of the container in terms ofpints, quarts or gallons.

c) The number of international unitsI.U.) of vitamin " A" contained in the frozen

dessert, when such dessert has been artificial-

ly enriched by the addition of vitamin "A."

2) Packages and final delivery containersof frozen desserts identified and standardizedin ORS 621. 311, which are filled in the presence of the purchaser at retail shall be ex-

empted from the labeling requirements of thissection if a sign in boldface type not less thanthree - eighths inch high is displayed in plain

view of the purchaser containing all the information required by that section to be on thelabel.

3) Except as otherwise provided in thissection, the provisions of the Federal Fair

Packaging and Labeling Act, 15 U.S.C. subsections 1451 et seq., shall apply to frozendesserts. [ Amended by 1953 c.684 § 12; 1961 c 360 § 3; 1969 c. 152 §2; 1979 c.320 §91

621.325 Additional labeling requiredfor frozen desserts. ( 1) In addition to the

labeling required by ORS 621.320, each package or final delivery container of frozen desserts which are identified or standardized

under ORS 621.311, shall be conspicuouslylabeled with the words " ice cream," " ice milk"

or " sherbet" as the case may be, in bold facedtype.

2) In addition to the labeling requirements of ORS 621.320 and subsection ( 1) of

this section, frozen dietetic or dietary dessertsidentified and standardized in ORS 621.311

shall be conspicuously labeled " Dietary orDietetic Frozen Dessert."

3) In addition to the labeling requirements of ORS 621.320, each package or final

delivery container containing mellorine shallbe labeled with the word " mellorine" in boldfaced type not smaller than the largest letter-

ing appearing on the package or container, followed by the words " containing vegetablefat" or " containing animal fat" in letters notless than three - eighths of an inch high.

Amended by 1953 c.684 § 12, subsection ( 3) enacted as1953 c.684 §7; 1961 c.360 §41

621.330 Labeling containers of frozendessert mix. All containers of frozen dessert

mix shall be conspicuously labeled as to thecontents of the container, the name and ad-

dress of the manufacturer or distributor and

the ` pull" date. [ Amended by 1953 c.684 § 12, 1979c 320 §10]

973

SUPERSEDED


621.335 Licenses to freeze and sell

frozen desserts. ( 1) A person engaged in the

business of both freezing and selling frozendesserts, either at wholesale or retail, shall

obtain a license from the department to carryon such business as provided in this section. Aseparate license shall be obtained for each

wholesale or retail establishment operated bysuch person.

2) A license to freeze and sell frozen des-

serts shall be issued by the department to anyapplicant upon payment to the department ofthe proper license fee which shall be computedas follows:

a) A person engaged in the business of

freezing and selling frozen desserts at wholesale or both at wholesale and retail, shall paya license fee of $20 for a single freezer headand $ 10 for each additional freezer head used

by such person in such business. b) A person engaged in the business of

freezing and selling frozen desserts at retailonly, shall pay a license fee of $15 for a singlefreezer head and $ 2.50 for each additional

freezer head used by such person in suchbusiness.

3) The license shall be valid for a term of

one year from the date of its issuance unless

sooner revoked or suspended. A license is

personal to the applicant and is not transfera-

ble. [ Amended by 1959 c.343 § 2; 1967 c.254 § 31

621.340 Selling frozen dessert withexcessive bacteria count prohibited. No

person shall sell or offer for sale at retail a

frozen dessert which has a bacteria count in

excess of 75,000 per gram. No wholesaler shall

sell, offer for sale or have in his possession

with intent to sell a frozen dessert or frozendessert mix to a retailer thereof which has abacteria count in excess of 50,000 per gram.

Frozen desserts in which cultured milk is an

ingredient shall not be required to meet anyminimum bacteria count standards. [ Amended

by 1953 c.684 § 12; 1969 c 152 §31

621.345 Sale or offering for sale ofmisrepresented product prohibited. No

person shall sell or offer for sale any productrepresenting it to be a frozen dessert unlessthe product conforms to the standard of identi-

ty for such product established by ORS621. 311. [ Amended by 1953 c.684 § 121

621.348 Possession of misrepresented

product prohibited. No manufacturer, pack-

er or wholesale distributor of frozen dessert orfrozen dessert mix shall have in his possession

with intent to sell the same:

1) A frozen dessert labeled in terms ofpints, quarts or gallons which does not meetthe weight requirements established for such

units by ORS 621.315.

2) A product represented to be a frozendessert or frozen dessert mix unless suchproduct conforms with the standard of identi-

ty for such frozen dessert or frozen dessertmix as established by ORS 621.311. [ 1953 c.684

12]

621.350 Sale or offer for sale of im-

properly labeled frozen dessert prohibited. No person shall sell or offer for sale afrozen dessert which is not labeled as required

by ORS 621. 305 to 621.369. [ Amended by 1953c.684 §12]

621.352 Mellorine to be sold only inproperly labeled factory -filled containers. No person shall sell mellorine except in pre-

packaged factory- filled containers or wrapperslabeled as required in ORS 621.325. [ 1953 c 684

12]

621.355 Selling frozen dessert withoutlicense prohibited. No person shall freeze

and sell a frozen dessert or any product representing it to be a frozen dessert unless suchperson has first obtained a license to bothfreeze and sell frozen desserts.

621.357 Use of certain words in sale

or advertising of mellorine prohibited. Noperson shall use the word " cream," " creamy,"

milk," "dairy" or their derivatives or phoneticequivalents in connection with the sale, offer-

ing for sale or the advertising for sale of mellorine; provided, however, this shall not be

construed to prevent the use of such words

when a part of an assumed business name or

corporate name which is in use on January 1, 1953. [ 1953 c.684 § 121

621.360 Sale of imitation frozen dessert prohibited. No person shall sell or offer

for sale any food which simulates or imitatesby appearance, taste or texture, or generalcomposition, a frozen dessert unless such

product conforms to the standards of identityestablished for frozen desserts by ORS

621.311. [Amended by 1953 c 684 § 121

621.365 Reducing percentage of milkfat. No person, except a manufacturer offrozen dessert mix, shall reduce the percent-

age by weight of milk fat in a frozen dessertmix by the addition of any milk product.

974

SUPERSEDED


621.367 Seizure or embargo of frozendesserts or frozen dessert mixes which are

improperly labeled or below minimumweight. The department may seize or embargo the movement of any frozen dessert orfrozen dessert mix which either is not properlylabeled or does not meet the minimum weightrequirements as provided in ORS 621.305 to

621.369. Any such seizure or embargo shall besubject to the provisions of ORS 561.605 to561. 630 and subsection ( 5) of 561. 990. [ 1953

c.684 §12]

621.368 Revocation of licenses. The

department may revoke a license issued pursuant to ORS 621.305 to 621.369 for a viola-

tion of ORS 621.305 to 621.369 by the licensee. [ 1953 c.684 § 12]

621.369 Possession of frozen dessertor frozen dessert mix as prima facie evi-

dence of intent to sell. In any proceedinginstituted for a violation of ORS 621.305 to621.369 in which possession with intent to sella frozen dessert or frozen dessert mix is an

issue, possession by the accused of such dessert or dessert mix in containers of the size

and type commonly used by him in sellingsuch product shall be prima facie evidence of

intent to sell. [1953 c.684 § 121

621.370 [Repealed by 1963 c.48 §51

CONDENSED OREVAPORATED MILK;

IMITATION MILK AND DAIRYPRODUCT SUBSTITUTES

621.405 Definitions and standards for

condensed or evaporated milk. ( 1) No

person shall within this state manufacture forsale, have in his possession with the intent to

sell, offer or expose for sale, or sell any condensed or evaporated milk unless it conformsto the definitions and standards establishedby the department pursuant to subsection ( 2) of this section.

2) The department shall establish defini-

tions and standards of identity, quality andfill of container for condensed and evaporated

milk. In establishing such definitions andstandards the department shall take intoconsideration:

621.418

Cosmetic Act, 21 U.S.C. 301, et seq., as

amended. [ Amended by 1975 c.304 §61

621.410 Requisites of milk used in

manufacture of condensed or evaporated

milk. ( 1) No person shall manufacture for

sale, or sell or exchange, or expose or offer for

sale or exchange, any condensed or evaporated

milk, or any substance containing any milk ormilk products and designed or intended to be

used or capable of being used for or as a substitute for condensed or evaporated milk, unless the milk used in the manufacture

thereof is pure, clean, fresh, healthful, una- dulterated and wholesome milk.

2) No person shall manufacture for sale, or sell or expose, or offer for sale or exchange,

any condensed or evaporated milk containing

any vegetable fat.

621.415 [Repealed by 1963 c. 165 § 1 ( 621.416 enactedin lieu of 621. 415)]

621.416 " Milk" and " imitation milk"

defined. ( 1) As used in this section `! milk"

means the lacteal secretion of cows and goats.

2) As used in this chapter " imitation milkproduct" means:

a) Any compound of milk and edible oil orfat not natural milkfat, with or without otheringredients, or

b) Any product not milk,

which compound or product is made to have or

has the appearance, taste, texture or generalcomposition similar to that of a fluid milk

product for which a standard of identity hasbeen established by the department under theprovisions of ORS 621.060 and which mayreasonably be mistaken for a fluid milk product. [ 1963 c. 165 § 2 ( enacted in lieu of 621.415); 1969

c 149 §1]

621.418 Standards for imitation milkproducts; sale of nonstandard imitation

milk prohibited. ( 1) The department shall

establish official state standards of qualityand identity for imitation milk products in themanner prescribed in ORS 632.900 to 632.935.

2) In establishing standards of qualityand identity for imitation milk products, thedepartment shall consider, in addition to otherfactors:

a) Such definitions and standards as ( a) The composition and purity of theestablished in other states; and product ingredients;

b) Such definitions and standards as

established by the Federal Government underthe authority of the Federal Food, Drug and

b) The nutritional value of the fats, nonfat solids, vitamins, minerals or other ingredi-

ents affecting the food value of the product;

975

SUPERSEDED


c) The degree of sanitation maintainedfor buildings, equipment and personnel in-

volved in the production, processing and distribution of the product.

3) No person shall sell or offer for sale

any imitation milk product which does notconform to a standard of quality and identityestablished by the department. [ 1969 c. 149 § §3,

41

621.420 Sale of imitation milk in eat-

ing places; posting notice. ( 1) No person

shall render, manufacture, sell, offer, expose

or have or possess with intent to sell, or use,

or serve to the patrons of any restaurant, lunch counter, eating house, hotel or diningcar, any imitation milk product except incompliance with ORS 621.416 to 621.430.

2) Restaurants, lunch counters, eating

houses and hotels using or serving imitationmilk product shall:

a) Post in a prominent place on the interi-

or wall of their lunch counters and diningrooms in plain view of all patrons a legible

notice in bold letters not less than one inch

high the words " imitation milk" or " imitation

with the blank being filled in withthe specific name of the milk product corres-

ponding thereto) "used and served here."

b) Plainly and legibly type or print on themenu furnished the patron the same words

required for display under paragraph ( a) ofthis subsection. [ Amended by 1963 c. 165 §31

621.425 Labeling containers of imitation milk. (1) Every bottle, can or other container used in the sale or offer for sale of an

imitation milk product shall be separately andconspicuously labeled with the trade name, ifany, of the product, and as an imitation milkor an imitation ( with the blank beingfilled in with the name of the milk product

corresponding thereto). The colors of the let-

ters of such wording shall be in contrast to thebackground color, if any, in order to be easilyreadable. The label shall plainly state all theingredients of the compound or mixture.

2) The department after public hearingand pursuant to ORS 183.310 to 183.500 is

authorized by regulation to carry out theintent and purpose of subsection ( 1) of this

section, including but not limited to establishing the size of the required wording on container caps or on other places or positions on

such containers. [ Amended by 1963 c. 165 § 6; 1969c. 152 §4]

621.429 Labeling of machine vendingimitation milk products. (1) As used in thissection, " vending machine" includes any self - service device offered for public use that, upon

insertion of a coin, coins, currency or token, orby other means, dispenses unit servings offood or beverage, either in bulk or package,

without the necessity of replenishing thedevice between each vending operation.

2) No person shall sell, offer for sale or

expose for sale by or through the use of avending machine any imitation milk productwithout placing on the vending machine, nextto the words describing the food or beveragebeing offered or exposed for sale, a plainlyvisible sign stating the imitation milk productbeing served with such other food or beveragesuch as " Imitation half and half used withcoffee" or " Imitation cream served with cere-

al." The words shall be legible, bold letters so

as to easily be read by the general public. 1963 c.165 §51

621. 430 [Repealed by 1963 c. 165 §81

621.435 Substitute dairy products;

use in trade name or advertisement of

words indicating product to be genuine. 1) No person engaged in the business, in

whole or in part, of manufacturing, selling, offering for sale, advertising or otherwise

dealing in or with any product used or intended or designed to be used as a substitute for or

imitation of milk, butter, cheese or any otherpure dairy or milk product, shall use as a partof his trade or corporate name, or as a name or

description of his product, or use in or on his

labels, packages, containers or advertisingmatter or sales literature thereto relating, anyof the following names: `` Milk," « butter,"

cream,» «creamery," ``churn," «cheese," etcowr

or " dairy," except as used in connection with

imitation milk products.

2) No such person shall use any pictorialor other representations resembling any of theobjects named in subsection ( 1) of this section

in or on the labels, packages, containers, ad-

vertising matter or literature referred to insubsection ( 1) of this section or any of theobjects named in subsection ( 1) of this section

in such a manner as to imply that the productis made of milk as defined herein.

3) This section shall not be construed to

forbid a true statement of or concerning theingredients or composition of a product or of

the contents of a package or container, when

the statement is not misleading or in any way

976

SUPERSEDED


deceptive, or to forbid or caution against theuse of such product.

4) This section does not apply to productsmanufactured in this state for the purpose of

shipping out of the state and not offered forsale in this state. [ Amended by 1963 c. 165 § 71

621.440 Person selling imitation dairyproducts to keep sales book record. Everyperson who sells oleomargarine, butterine,

renovated or process butter or any imitationbutter, or other imitation dairy products inthis state, shall keep a sales book in which allsales made to hotels, restaurants and public

dining rooms shall be entered at the time ofthe sale. The sales book shall state the

amount sold and the date of sale, together

with the name and address of the purchaser.

The sales book shall be open to the inspectionof all authorized officers, employes and depu-

ties of the department at all times.

621.445 Restrictions on serving colored butter substitute in public eatingplace. ( 1) In any public eating place servingmeals for compensation at which a butter

substitute colored to imitate butter is served,

the owner or manager shall:

a) Cause the butter substitute to beserved in triangular pats or triangular bricks

only.

b) Post in a prominent place on the interi-

or wall of the eating place a notice in boldletters not smaller than three inches high bytwo inches wide containing the words: " Butter

substitute served here."

c) Plainly type or print the same words oneach menu furnished the patrons.

2) The administration and enforcement of

this section is vested in the department.

621.455 [Repealed by 1953 c.686 §371

621.460 [Repealed by 1953 c.686 §371

621.465 [Repealed by 1953 c.686 §371

621.470 [Repealed by 1953 c 686 §371

621.475 [Repealed by 1953 c.686 §371

621.480 [Repealed by 1953 c.686 §371

621.485 [Repealed by 1953 c.686 §371

621.490 [Repealed by 1953 c.686 §371

621.495 [Repealed by 1953 c.686 §371

621.500 [Repealed by 1953 c.686 §371

621.505 [Repealed by 1953 c 686 §371

621.555 [Repealed by 1965 c. 107 §71

977

621.560 [Repealed by 1965 c. 107 § 71

621. 565 [Repealed by 1965 c. 107 §71

621. 570 [Repealed by 1965 c. 107 §71

621. 575 [ Repealed by 1965 c. 107 §71

621. 580 [Repealed by 1965 c. 107 §71

621.585 [Repealed by 1965 c. 107 § 71

621. 590 [ Repealed by 1965 c. 107 §71

621. 595 [Repealed by 1965 c. 107 §71

621. 600 [ Repealed by 1965 c. 107 §71

621.605 [ Repealed by 1959 c. 79 § 11

621. 610 [ Repealed by 1959 c. 79 § 11

621. 655 [ Repealed by 1955 c. 81 § 11

CONTAINERS

621.661

621.656 Definitions for ORS 621.656 to621.666. As used in ORS 621. 656 to 621.666:

1) " Container" includes milk and cream

cans, farm milk tanks, milk tank trucks, milk

storage tanks, pasteurizing vats, cheese vats, butter churns, butter tubs, cheese hoops and

any other receptacle designed for use or usedas a container of fluid milk, milk or dairyproducts.

2) " Dairy products" means dairy productsas defined in ORS 621. 152.

3) " Fluid milk" means fluid milk as defined in ORS 621.055.

4) " Milk" means milk as defined in ORS

621. 152. [ 1955 c.714 §21

621.660 [ Repealed by 1955 c. 81 § 11

621.661 Condemnation of unfit con-

tainer and its contents. ( 1) The State De-

partment of Agriculture shall condemn anycontainer which it finds is unfit for use as

such by reason of dirt, rust, open seams or anyother condition which would or may contami-

nate fluid milk, milk or dairy products orotherwise render them unfit for human use or

consumption. The department shall provide byappropriate rule for the method of plainlyidentifying condemned containers which shallinclude affixing a tag to, or marking on, thecontainer a notice of the fact of condemnationand a brief statement of the reasons therefor.

2) It shall be conclusively presumed thatany fluid milk, milk or dairy product in acontainer which has been condemned by thedepartment and which bears a condemnation

tag or marking is unfit for human consumption. The department shall condemn such

SUPERSEDED


fluid milk, milk or dairy product. The condemnation shall be carried out by thoroughlymixing with the contents of the container aharmless coloring matter prescribed by thedepartment. The department may authorizelicensed pasteurizer operators and graders to

make the condemnation.

3) If the container can be repaired, or thereason for the condemnation otherwise re-

moved, the condemnation of the container

may be lifted by the department. The department may authorize licensed pasteurizeroperators and graders to lift the condemnation

of a container when appropriate repairs have

been made or the reason for the condemnation

otherwise removed. [ 1955 c.714 § 3; 1979 c.320 § 181

621.665 [Repealed by 1955 c.81 § 11

621.666 Prohibition against unau-

thorized removal of condemnation tag ormarking or use of container or its contents. ( 1) No person except an authorized

employe or agent of the State Department of

Agriculture shall remove any condemnationtag or marking from a container.

2) No person shall place any fluid milk, milk or dairy product in any container bearinga condemnation tag or marking.

3) No person shall use the contents of anycontainer which has been condemned in the

manufacture, processing or bottling of anyfluid milk, milk or dairy products. [ 1955 c.714

41

621.670 [Repealed by 1955 c.81 § 11

621.675 [ Repealed by 1955 c. 81 § 11

621.680 [Repealed by 1955 c.81 § 11

621.685 [Repealed by 1953 c.423 §21

621.690 [Repealed by 1955 c.81 § 11

621.695 [ Repealed by 1955 c.50 § 11

621. 700 [Repealed by 1955 c.50 §11

621.705 [Repealed by 1955 c.50 §11

621. 710 [Repealed by 1955 c.50 §11

621. 715 [ Repealed by 1955 c.50 § 11

TESTING FOR MILK FATCONTENT

621.720 Testing for milk fat contentrequired. The State Department of Agricul-

ture shall establish and maintain procedures,

systems and plans to carry out and enforce theintent and purposes of ORS 621.720 to

621. 754. The department shall make availableto producers and other persons engaged in the

milk industry, department laboratory facilities, equipment, materials and services to

provide official testing, retesting or duplicatetesting of milk for its milk fat content bymeans of the method known to the industry asthe `Babcock Test" or any equally accurateand efficient test approved by the department. 1965 c.474 §21

621.730 Department to provide test-

ing; contracts of purchase not to be terminated; remedy; fees. ( 1) Within the availa-

bility of funds to be collected under ORS621.720 to 621.754, the department shall

maintain laboratory facilities and purchasenecessary equipment and materials to carryout ORS 621.720 to 621.754.

2) Any producer or other person engagedin the milk industry is authorized to requestthe department to provide and furnish official

testing, retesting or duplicate testing of milk. 3) No milk handler, dealer, licensee or

purchaser of milk shall terminate or threaten

to terminate the purchase of milk from a

producer, or take or threaten to take other

retaliatory action against a producer or sellerof milk, because such producer or seller hasexercised his rights and privileges as author-

ized in this section. In addition to any actionthe department is authorized to take against

any person taking such retaliatory steps orprocedures, the producer or seller of milk mayalso maintain an action for damages against

the same person. The prevailing party in suchaction shall be entitled to reasonable attorneyfees.

4) The department shall establish reason-

able fees for enforcing and carrying out ORS621. 720 to 621.754, in such amounts as are

necessary to reimburse it for the furnishing ofservices and materials as required thereunder.

1965 c 474 §3; 1979 c.499 §241

621.740 Liability for payment of fees. 1) The producer or person requesting official

testing and related testing services from thedepartment, as authorized under ORS 621. 720

to 621.754, is responsible for and shall pay thefees established thereunder to the department

under the rules established by the department.

2) If the producer or person requestingsuch services is selling milk to a first handleras defined and prescribed in ORS chapter 583,

or to a licensee under ORS 621. 151 to 621.291,

978

SUPERSEDED


the department may forward an itemizedstatement for services rendered, to the person

requesting the services and also to the firsthandler or licensee. The first handler or licen-

see shall pay the itemized amount to the department and shall deduct such amount from

the producer or other person selling milk inthe same manner and under the same proce-

dures as set forth in ORS 583.046. Any firsthandler or licensee who refuses to withhold

and pay the amount to the department, shallpay such amount to the department.

3) Nothing in this section shall be construed as relieving the producer or personrequesting the services from being primarilyresponsible for payment to the department.

The department, notwithstanding this section, may take all actions necessary to collect theamount due against the producer or person

requesting the services. [ 1965 c.474 §41

621.750 Rules for testing. (1) In estab-

lishing and maintaining the procedures, systems or plans to carry out the official testingand related testing services to be furnished toall segments of the milk industry, after publichearing and under the provisions of ORS183.310 to 183.500, the department shall

promulgate rules relating thereto includingbut not limited to the following:

a) Any producer may request the department to make an official milk fat content test

of the milk be is selling to a dealer, milkhandler or purchaser of milk. Official sample

test periods used by the department shallcorrespond to the testing periods used by thehandler, licensee or purchaser. At the time

samples of the producer's milk for the testingperiod involved are taken by the licensedsampler for such dealer, handler or purchaserof milk under this chapter, each sample shall

be split. One portion of the split sample shallbe placed in a separate container furnished

and approved by the department. The container shall be sealed as required by the department and signed or initialed by both the producer and the licensed sampler of the purchas-

er. The split sample shall be forwarded by thepurchaser to the department at the producer's

expense under rules prescribed relating there- to. The department shall combine the samplesfor the period involved and make the official

test requested of the composite group of samples. The department shall forward a copy ofthe test to the producer and a copy shall bemailed to the dealer, handler or purchaser of

milk as of the time and date prescribed by the

621.990

department. If the test performed and carried

out by the department varies by more thanone -tenth of one percent from the test made

by the dealer, handler or purchaser, suchdealer, handler or purchaser within the time

prescribed by the department shall adjust andmake proper payments to the producer based

upon the official tests made by the department.

b) The department shall prescribe for

similar official testing for milk fat to be madeavailable to any other person subject to thischapter and ORS chapter 583, including theseller or purchaser of milk, as prescribed bythe department.

2) It is recognized that the provisions of

this section are only guideposts and standardsfor department use. The department shall

provide the materials and services necessaryto give all segments of the milk industry thefacilities and services necessary to carry outthe intent and purpose of ORS 621.720 to621. 754, at a reasonable cost. [ 1965 c.474 §51

621.754 ORS 621.720 to 621.754 super-

sede conflicting statutes. The provisions ofORS 621.720 to 621. 754 are in addition to andnot in lieu of the provisions of ORS chapter583 and other provisions of this chapter. If theprovisions of ORS 621. 720 to 621.754 are in

conflict, they supersede the provisions of ORSchapter 583 and other provisions of this chapter. [1965 c.474 §61

621. 755 [Repealed by 1953 c.686 §371

621. 760 [Repealed by 1953 c.686 §371

621.765 [Repealed by 1953 c.686 §371

621.770 [Repealed by 1953 c.686 §371

621. 775 [Repealed by 1953 c.686 §371

621.785 [ Repealed by 1953 c.686 §371

621.790 [ Repealed by 1953 c.686 §371

PENALTIES

621.990 Penalties. ( 1) Violation of anyprovision of ORS 621.405, 621.440 or 621.445

is punishable, upon conviction, by a fine of notmore than $1,000, or by imprisonment in thecounty jail for not more than one year, orboth; but, upon a second conviction, violation

of the provisions listed above in this subsec-

tion is punishable by a fine of not more than1, 000, or by imprisonment in the county jail

for not more than one year, or both. Justicecourts, district courts and municipal courts

sitting as justice courts have concurrent juris-

979

SUPERSEDED


diction with the circuit courts of all prosecu-

tions arising under the provisions listed abovein this subsection. The district attorney mayinstitute prosecutions for violations of those

provisions by information, or the prosecutionsmay be instituted by indictment or by complaint verified before any magistrate. In allprosecutions under those provisions, the fines

collected shall be transmitted by the officercollecting them to the State Treasurer and thefines so remitted shall become a part of the

General Fund of the state.

2) Violation of any provision of ORS621.055 to 621. 120 or of any rule or regulationlawfully promulgated pursuant to those sections, is punishable, upon conviction, by a fineof not more than $ 100. Justice courts and

district courts have concurrent jurisdiction

with circuit courts of violations of ORS621.055 to 621. 120.

3) Violation of subsection ( 2) of ORS

621. 124 or failure to cause the retests re-

quired by subsection ( 3) of ORS 621. 124 to bemade is punishable, upon conviction, by a fineof not more than $100.

4) Violation of any of the provisions ofORS 621. 151 to 621.286 is a misdemeanor.

5) Violation of any provision of ORS621.305 to 621. 369 or any rule or regulationlawfully promulgated thereunder is punishable, upon conviction, by a fine of not morethan $500. Justice courts and district courtsshall have concurrent jurisdiction with circuit

courts, of all criminal actions instituted for

such violations.


able, upon conviction, by a fine of not morethan $100, or by imprisonment in the countyjail for not more than 30 days, or both; and

each subsequent violation of ORS 621.410 bya person having been previously convicted of aviolation of that section is punishable, upon

conviction, by a fine of not more than $500, orby imprisonment in the county jail for notmore than six months, or both.

7) Violation of any provision of ORS621.416 to 621.429 is punishable, upon convic-

tion, by a fine of not more than $1, 000 and thecost.


able, upon conviction, by a fine of not morethan $500, together with the necessary expenses and costs incurred in the prosecution of

the case.

9) Violation of ORS 621.666 is a misdemeanor.

10) Violation of ORS 621. 740 is punish-

able, upon conviction, by a fine of not morethan $2,500, or by imprisonment in the countyjail for not more than six months, or both.

11) Violation of ORS 621. 193 or 621. 198

is a misdemeanor.

12) Violation of subsection ( 3) of ORS621.418 is a misdemeanor. [ Amended by 1953

c 684 § 12; subsection ( 4) enacted as 1953 c.686 § 31;

subsection ( 9) of 1963 Replacement Part enacted as 1955

c 714 § 5, 1965 c. 107 § 4; subsection ( 10) enacted as 1965

c 474 §7; subsection ( 11) enacted as 1969 c 164 §6; subsec-

tion (12) enacted as 1969 c. 149 § 51

CERTIFICATE OF LEGISLA'T' IVE COUNSEL

Pursuant to ORS 173.170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter are

correct copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and otherchanges specifically authorized by lawDone at Salem, Oregon, Thomas G. Clifford

October 1, 1979 Legislative Counsel

980

SUPERSEDED

Chapter 622


Shellfish

622.010 Definitions

622.020 Certificate of shellfish sanitation requiredto be dealer

622.030 Exemptions622.040 Certificate required for each area of opera-

tion

622.050 Application for certificate; inspections; expiration and renewal

622.065 Denial, suspension and revocation of

license; procedure

622.080 Fees; areas of operation

622.090 Disposition of fees

622.100 Certificate not transferable

622. 110 Display of certificates622.160 Signed statement to be attached to shell-

fish consignment

622.170 Records of amount and source of shellfish

622.180 Powers of division; rules; inspections;

samples; condemnation

622.992 Penalties

CROSS REFERENCES

Administrative procedures and rules of state agencies, Unlawful to destroy or waste shellfish taken in state, 183.310 to 183.500 509.112, 509.505, 509.510

Fish and shellfish, marketing names, 506.800Seafood products as agricultural commodity, 576.051

981

SUPERSEDED


982

SUPERSEDED

SHELLFISH


1) " Division" means the Health Divisionof the Department of Human Resources.

2) " Assistant Director" means the Assis- tant Director for Health.

3) " Dealer" means every person or peddler engaged in the business of growing, harvesting, processing or distributing shellfishfor human consumption.

4) " Peddler" means every person who forhimself or as the agent of another goes from

place to place, or house to house, carrying oroffering shellfish for sale.

5) " Person" includes city, county andstate as well as those included within the

definition of person in ORS 174. 100.

6) " Shellfish" means all fresh and frozenoysters, clams or mussels, either shucked or in

the shell, and all fresh edible products thereof

intended for human consumption. [ 1955 c.331

l; 1969 c.283 §l; 1973 c 508 § 11

622.020 Certificate of shellfish sanitation required to be dealer. No person shall

act as a dealer without the certificate or cer-

tificates of shellfish sanitation issued by thedivision. [1955 c.331 § 3; 1973 c. 508 § 21

622.030 Exemptions. This chapter shall

not affect the following:

1) Retail stores selling to the ultimateconsumer.

2) Operations subject to ORS chapters616, 619, 620, 621, 625, 627, ORS 624.010 to624. 120, 632.275 to 632.290, 632.450 to

632.490 and 632.900 to 632.985 and to therules pursuant thereto.

3) Out-of -state dealers operating under astate shellfish program indorsed by the Unit- ed States Public Health Service. [ 1955 c.331 § 6;

1957 c.66 § l, 1969 c 283 §2; 1973 c.508 § 1a]

622.040 Certificate required for each

area of operation. A certificate of shellfish

sanitation shall specify the area of operationto which it applies. A separate certificatevalidated for each area of operation as defined

by ORS 622.080 and the division rules madeunder this chapter is required. [1955 c.331 § 7 ( 3);

1973 c.508 §31

622.050 Application for certificate;

inspections; expiration and renewal. ( 1) A

dealer shall make application to the division

for a certificate or certificates of shellfish

622.090

sanitation. The application shall be accompa-

nied by the required fee or fees. 2) The division shall issue the initial

certificate or certificates of shellfish sanita-

tion, if on inspection the assistant director

finds that the dealer has complied with all theprovisions of this chapter and the rules of the

division under this chapter.

3) Every certificate of shellfish sanitationshall expire on December 31, following thedate of issue. Any certificate of shellfish sanitation may be renewed on payment of therequired fee. Inspection is not a condition

precedent for renewal, but an inspection shallbe made at some time within the renewalyear. [ 1955 c.331 § 7( i), (2), ( 4); 1973 c.508 §41

622.060 [ 1955 c. 331 § 9; repealed by 1973 c.508 § 5; 622.065 enacted in lieu of 622.060)]

622.065 Denial, suspension and revocation of license; procedure. ( 1) The assis-

tant director may suspend, deny or revoke anycertificate of shellfish sanitation issued under

this section for violation of any applicableprovisions of ORS 622.010 to 622.180 or anyrule promulgated under ORS 622. 180.

2) Procedures for denial, revocation or

suspension of a certificate shall be as provided

in ORS 183.310 to 183.500. [ 1973 c.508 § 6

enacted in lieu of 622.060 and 622 070)]

622.070 [ 1955 c 331 § 10; repealed by 1973 c.508 § 5622.065 enacted in lieu of 622 070)]

622.080 Fees; areas of operation. The

following is the schedule of annual fees to bepaid to the division:

1) Fifty -five dollars for a certificate ofshellfish sanitation as a shucker - packer, for a

person operating a shellfish shucking, packing

or repacking plant for the distribution ofshellfish.

2) Forty dollars for a certificate of shellfish sanitation as a grower, for a person en-

gaged in the business of growing shellfish. 3) Fifteen dollars for a certificate of shell-

fish sanitation as a distributor, for any jobberor wholesaler who furnishes or sells shellfishto retail outlets. [ 1955 c.331 § 8; 1969 c. 283 § 3; 1973

c.508 §7; 1979 c.696 §101

622.090 Disposition of fees. The moneys received under ORS 622.050 shall be paid

into the State Treasury and placed to thecredit of the General Fund in the Health

Division Account. Such moneys hereby areappropriated continuously and shall be usedonly for the administration and enforcement

983

SUPERSEDED


of this chapter. ORS 291. 238 does not apply tothe expenditure of such moneys. [ 1955 c.331

7( 1); 1973 c.427 § 12]

622.100 Certificate not transferable.

A certificate of shellfish sanitation issued

under this chapter is not transferable fromA- 1— to another or from one area of

622. 180 Powers of division; rules;

inspections; samples; condemnation. For

the protection of the public health, the divi-

sion shall have the following powers and allpowers necessary and proper to insure sanitary conditions in the production and distribution of shellfish:

one e

operation to another. (1955 c.331 § 7(6)]

622.110 Display of certificates. Everydealer shall display his certificate or certificates of shellfish sanitation in accordancewith the rules made under this chapter. [ 1955

c.331 § 7(5); 1973 c.508 §81

622.160 Signed statement to be attached to shellfish consignment. No dealer

shall send or accept any shellfish without a

signed statement attached showing:

1) The name of the consignor.

2) The name of the consignee.

3) The number of the consignor's certifi-

cate of shellfish sanitation issued at the point

of origin and the date of harvesting or packing, if the consignor is required by law to havea certificate of shellfish sanitation.

4) The source of the shellfish and the fact

of certification of the source by the division orcertification by a state whose shellfish program is indorsed by the United States PublicHealth Service, if such certification is re-

quired by law. [ 1955 c.331 § 4; 1973 c.508 § 91

622.170 Records of amount and

source of shellfish. Any dealer who gathersor receives shellfish from any source otherthan that designated in his certificate or cer-

tificates of shellfish sanitation shall keepaccurate records of the amount and source of

such shellfish, which records shall be retained

for at least 90 days. The assistant directorshall have access to these records for inspec-

tion. [1955 c 331 § 5; 1973 c.508 § 101

1) The division shall have power to make

rules necessary to enforce the provisions ofthis chapter. These rules shall at least include

the water quality of growing areas, quality ofmarket shellfish, water supply, sewage and

waste disposal, drainage, plumbing, buildingconstruction, boat and barge sanitation, the

handling, storage, construction and maintenance of equipment, lighting and ventilation, insect and rodent control, garbage and refuse

disposal, shell disposal, cleanliness of prem-

ises, handling, storage and refrigeration ofshellfish and the marking of certificate numbers and dating codes on all containers.

2) The assistant director shall have power:

a) To inspect any dealer in every phaseand locale of operation.

b) To take samples of any shellfish forbacteriological and toxicity study.

c) To condemn or remove from sale and

destroy any shellfish which are unfit for human consumption, or are from an uncertified

source, or are improperly certified. d) To issue certificates of shellfish sanita-

tion in accordance with the provisions of thisChapter. [ 1955 c.331 § 2; 1973 c.508 § 111

622.990 [ 1955 c.331 § 11; repealed by 1973 c 508 § 12622.992 enacted in lieu of 622.990)]

622.992 Penalties. Violation of anyprovision of ORS 622.010 to 622. 180 or the

rules of the division promulgated under ORS622.180 is a Class C misdemeanor. [ 1973 c.508

13 ( enacted in lieu of 622.990)]


Pursuant to ORS 173. 170, I, Thomas G Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter are



984

SUPERSEDED

SHELLFISH

CHAPTER 623Reserved for expansion]

985

SUPERSEDED


986

SUPERSEDED

CHAPTER

RESERVED

FOR

EXPANSIONSUPERSEDED

Chapter 624


Food Service Facilities

COMMISSARIES, MOBILE UNITS AND VENDINGRESTAURANTS

624.010 Definitions for ORS 624.010 to 624.120624.015 Benevolent organization" defined624.020 License required to operate restaurant;

mobile unit or vending machinedenial, suspension and revocation of

Exemption of certain commissaries, mobilelicenses

624.023 Single toilet fixture allowed in small res-

ing requirementstaurant

624.025 License for temporary restaurant624.027 Exemption of confection operations from

mobile unit or vending machine; reportlicense requirements

624.028 Temporary restaurant license for benevo-

Diseased persons working in commissarylent organizations

624.030 Grading of restaurants; standards for

transmission of infectiontemporary restaurants

624.040 Display of notice of grade624.050 Operation to conform with grades; failure

ing information; cooperation with localto qualify as grade B; reinstatement of

health departments in educational pro-

license

624.060 Inspection of restaurants; report of assis-

outside jurisdiction

tant director

624.065 Inspection of temporary restaurants;

624. 310 to 624. 440

report of assistant director624.067 Inspection of benevolent organization

Disposition of fees and fines

restaurant facilities and operation624.070 Examination of food and drink samples;

unwholesome or adulterated food anddrink

624.075 Summary closure of temporary restaurant624.080 Diseased persons working in restaurants

or temporary restaurants; suspicion ofpossible transmission of infection

624. 100 Rules

624.110 Rating surveys; preparing and disseminating information; educational programs

624.120 Disposition of fees and fines624. 130 Emergency training in first aid required of

restaurant employes; training programs; fees

COMMISSARIES, MOBILE UNITS AND VENDING

MACHINES


624.320 License required to operate commissary, mobile unit or vending machine

624.330 Exemption of certain commissaries, mobile

units and vending machines from licensing requirements

624.340 Denial, suspension or revocation of license

624.370 Inspection of commissary, warehouse,

mobile unit or vending machine; report

of assistant director-, hearing624.380 Diseased persons working in commissary

or mobile unit-, suspicion of possible

transmission of infection

624.390 Rules

624.400 Rating surveys; preparing and disseminating information; cooperation with local

health departments in educational pro-

624.410

grams

Commissaries and sources of supplyoutside jurisdiction

624.420 Abating or enjoining violations of ORS624. 310 to 624. 440

624.430 License fees

624.440 Disposition of fees and fines

ADMINISTRATION AND ENFORCEMENT OF

FOOD SERVICE FACILITY LAWS

624.510 Delegating to county officials for administration and enforcement of laws; disbursement of fees to counties

624.990 Penalties

CROSS REFERENCES

PENALTIES

Administrative procedures and rules of state agencies, Imitation milk used, 621.420183.310 to 183.500 Restrictions on serving colored butter substitute, 621.445

Discrimination prohibited in places of public accommoda- tion, 30.670

Dog guides for blind, admission to public places, 346.620624. 120Notice required where:

Horse meat sold, 620.040 Expenditures without allotment prohibited in certainIce cream substitutes sold, 621.325 cases, 291. 238

987

SUPERSEDED


988

SUPERSEDED

FOOD SERVICE FACILITIES

RESTAURANTS


1) " Assistant director" means the Assis- tant Director for Health or an authorizedrepresentative.


3) " Temporary restaurant" means any

establishment operating temporarily in connection with any fair, carnival, circus or similar public gathering or entertainment, foodproduct promotion, or any other event where

food is prepared or served for consumption bythe public. " Temporary restaurant" does notinclude:

a) An establishment where food is prepared and served, by a fraternal, social orreligious organization, only to its own members and guests.

b) An approved school lunch room wherefood is prepared and served for school andcommunity activities where the preparationand service are under the direction of theschool lunch room supervisor.

c) A food product promotion where only asample of a food or foods is offered to demonstrate the characteristics of the food product. For the purposes of this paragraph, a sampleshall not include a meal, an individual hotdish or a whole sandwich.

d) A private residence, or part thereof, including the grounds, areas and facilitiesheld out for the use of the occupants generally, for which a special retail beer or specialretail wine license is issued under ORS

471. 290 for a period not exceeding one day. 4) " Restaurant" includes any establish-

ment where food or drink is prepared forconsumption by the public or any establishment where the public obtains food or drink so

prepared in form or quantity consumable thenand there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments whichprepare food or drink in consumable form forservice outside the premises where prepared,

but does not include railroad dining cars ortemporary restaurants as defined in subsection (3) of this section.

5) " Limited service restaurant" means a

restaurant serving only prewrapped sand- wiches, or a single dish or food product, and

989

624.020

nonperishable beverages. [ Amended by 1953 c. 1778; 1957 c.672 §l; 1959 c. 153 § l; 1973 c.824 § l; 1973 c.825

l; 1975 e. 792 §l; 1979 c.236 §4]

624.015 ` Benevolent organization"

defined. As used in ORS 624.028, and

624.067, " benevolent organization" means anyperson organized and existing for charitable, benevolent, eleemosynary, humane, patriotic, religious, philanthropic, recreational, social,

educational, civic, fraternal or other nonprofit

purposes. The fact that contributions to an

organization do not qualify for a charitablededuction for tax purposes or that the organization is not otherwise exempt from paymentof federal income taxes pursuant to the Inter- nal Revenue Code of 1954, as amended, constitutes prima facie evidence that the organization is not a bona fide benevolent organization. For purposes of this section, each subor- dinate lodge, chapter, council, grange, church, parish or other subdivision of an organization

constitutes a separate organization. [ 1973 c.824

41

624.020 License required to operaterestaurant; denial, suspension and revocation of licenses. ( 1) No person shall oper-

ate a restaurant without a license to do sofrom the division. The restaurant license shallbe posted in a conspicuous place on the premises of the licensee.

2) Application for the license shall be in

writing in the form prescribed by the divisionand shall contain the name and address of the

applicant and any other information whichthe division may require. All licenses issuedunder this section terminate and are renew- able on December 31 of each year.

3) Every applicant for a restaurant license or renewal thereof shall pay to the division a license fee of $ 70. An applicant for a

limited service restaurant shall pay to thedivision a fee of $25.

4) The assistant director may suspend, deny or revoke any license issued under thissection for violation of any of the applicableprovisions of ORS 624.010 to 624.120 or anyrule promulgated under ORS 624.010 to624.120.

5) Procedures for denial, revocation orsuspension of a license shall be as provided inORS 183.310 to 183. 500. [ Amended by 1953 c. 177

8, 1957 c 672 §2; 1971 c.661 § 1; 1973 c. 182 § 1; 1975 c.526

4a; 1975 c.607 §44, 1979 c 696 § 111

SUPERSEDED


624.023 Single toilet fixture allowed

in small restaurant. The division shall allow

restaurants with an occupancy capacity of no

more than 15 persons, including employes andpatrons, to have only one toilet fixture andadjacent lavatory on the premises. This singletoilet fixture shall comply with all divisionstandards for construction, maintenance,

cleanliness, accessibility and others, not inconflict with the state building code, that thedivision might provide. [1979 c.390 § 21

624.025 License for temporary restaurant. (1) No person shall operate a temporaryrestaurant without first procuring a license todo so from the division. The temporary restaurant license shall be posted in a conspicuous

place on the premises of the licensee.

2) Application for a temporary restaurantlicense shall be in writing in the form prescribed by the division and shall contain thename and address of the applicant, the specif-

ic location of the temporary restaurant andany other information the division may require-

3) All licenses issued under this sectionshall terminate 30 days after issuance unless

within the 30 days the temporary restaurantis discontinued or is moved from the specificlocation for which the license was issued. Ifwithin 30 days after issuance the temporaryrestaurant is discontinued or moved from thespecific location for which the license wasissued, the license shall terminate upon thediscontinuance or the removal.

4) Except as provided in ORS 624.028,

every applicant for a temporary restaurantlicense or renewal thereof shall pay to thedivision a license fee of $30.

5) The assistant director may suspend, deny or revoke any license issued under thissection or under ORS 624.028 if it appears, after a reasonable time has been given forcorrection of a sanitation violation, that theapplicant does not meet applicable minimum

sanitation standards as outlined in ORS624.010 to 624.120 or any rule promulgatedthereunder. Any suspension, denial or revocation action shall be taken in accordance with

ORS 183.310 to 183.500. [ 1957 c.672 § 9; 1973

c. 182 §2; 1973 c.824 §2; 1975 c.526 §5; 1979 c.696 § 121

624.027 Exemption of confection

operations from license requirements.

When the division determines that publichealth hazards are nonexistent, the division

may, by rule, exempt certain types of confec-

tion operations from the license requirementsof ORS 624.010 to 624.120. [ Formerly part of

624. 100; 1973 c.825 § 21

624.028 Temporary restaurant licensefor benevolent organizations. ( 1) Notwith-

standing subsections ( 3) and ( 4) of ORS

624.025, the division shall issue a license to abenevolent organization to operate a tempo-

rary restaurant pursuant to this section if thebenevolent organization has notified the divi-

sion, orally or in writing, of its intention tooperate a temporary restaurant. The divisionshall provide at least one place in each countyat which such notification may be made.

2) Not more than 13 temporary restaurant licenses per year may be issued pursuantto this section to each benevolent organization.

3) No license fee or inspection fee shall becharged for a temporary restaurant licensedpursuant to this section.

4) All licenses issued pursuant to thissection shall terminate three days after issuance unless within the three days the tem-

porary restaurant is discontinued or is movedfrom the specific location for which the licensewas issued. If within three days after issuancethe temporary restaurant is discontinued ormoved from the specific location for which thelicense was issued, the license shall terminateupon the discontinuance or the removal. [ 1973

c.824 §5]

624.030 Grading of restaurants; standards for temporary restaurants. ( 1) All

restaurants shall be graded as A, B or C inaccordance with the standards of sanitation

set forth in the rules of the division.

2) Temporary restaurants shall not begraded but no temporary restaurant shall beoperated in Oregon unless it is in conformancewith minimum sanitation standards estab-

lished by the rules promulgated pursuant toORS 624. 100. The assistant director mayreinstate or grant a temporary restaurantlicense which has been revoked, suspended or

denied when it is demonstrated that the operation is in conformance with the minimumsanitation standards. [ Amended by 1957 c.672 § 3; 1973 c.825 §3]

624.040 Display of notice of grade. Every restaurant shall display at all times, ina place designated by the assistant director, anotice approved by the assistant director stating the grade of the establishment. [Amended by1953 c 177 §8; 1973 c.825 §4]

990

SUPERSEDED


624.050 Operation to conform withgrades; failure to qualify as grade B; reinstatement of license. No restaurant shall beoperated within Oregon unless it is in conformance to grade A or grade B. However,

when any restaurant fails to qualify as gradeB, the assistant director may, in lieu of revocation or suspension of license, lower thegrade of the establishment to C and permit itsoperating during a temporary period not exceeding 30 days. The assistant director mayreinstate a restaurant license which has been

revoked, suspended or denied and may reinstate a grade which has been lowered when itappears from the inspection by the assistantdirector that the licensee is complying withthe respective grade requirements. [Amended by1953 c. 177 §8; 1957 c.672 §4; 1973 c.825 §51

624.060 Inspection of restaurants;

report of assistant director. ( 1) At least

once every six months the assistant directorshall inspect every restaurant located withinhis jurisdiction. The person operating therestaurant shall, upon the request of the assistant director, permit access to all parts of theestablishment.

2) One copy of the inspection report shallbe posted by the assistant director upon aninside wall of the restaurant, and the inspection report shall not be defaced or removed byany person except the assistant director. An- other copy of the inspection report shall befiled with the records of the division.

3) If the assistant director discovers theviolation of any provision of ORS 624.010 to624.120 or any rule concerning the grade inwhich the restaurant is classified, he shallmake a second inspection after the lapse of

such time as he deems necessary for the defectto be remedied. [ Amended by 1953 c.177 § 8; 1973c.825 §6]

624.062 [ 1971 c 661 § 2; 1973 c.825 § 6a; repealed by1973 c.825 §23a]

624.065 Inspection of temporary restaurants; report of assistant director. ( 1)

At least once during the operation of a temporary restaurant, the assistant director shallinspect the facilities and operation. The person operating the temporary restaurant shall, upon request of the assistant director, permitaccess to all parts of the establishment.

2) One copy of the inspection report shallbe posted by the assistant director somewhereon the establishment premises; and the report

shall not be defaced or removed by any person

624.080

except the assistant director until the tempo-

rary restaurant license is terminated. Anothercopy of the inspection report shall be filedwith the records of the division. [ 1957 c.672

10( 1), ( 2), 1973 c.824 §7; 1973 c.825 §71

624.067 Inspection of benevolentorganization restaurant facilities and

operation. (1) At any time during the operation of a temporary restaurant licensed pursuant to ORS 624.028, the assistant directormay inspect the facilities and operation.

2) The benevolent organization operatingthe temporary restaurant shall, upon requestof the assistant director, permit access to allparts of the establishment. [ 1973 c.824 §61

624.070 Examination of food and

drink samples; unwholesome or adulterated food and drink. Samples of food, drinkand other substances may be taken and examined by the assistant director as often as maybe necessary for the detection of unwholesomeness or adulteration. The assistant direc-

tor may condemn and forbid the sale of, orcause to be removed or destroyed, any food ordrink which is unwholesome or adulterated. Amended by 1953 c. 177 §8; 1973 c.825 §81

624.075 Summary closure of temporary restaurant. When the violation of anyprovision of ORS 624.010 to 624.120 or anyrule promulgated thereunder comes to the

attention of the assistant director and if theviolation is of such a nature as to constitute aserious hazard to the health of the public, immediate closure of the temporary restaurant may be secured upon notification of theoperator in writing. The inspection reportcarrying a statement ordering closure andsigned by the assistant director delivered tothe operator may serve as the written noticeof the closure. A copy of this notice shall befiled with the records of the division. Theclosure order shall have the effect of an immediate revocation of the operator's license. Theassistant director shall, if requested, provide aprompt hearing after closure in accordancewith ORS 183.310 to 183.500. [ 1957 c.672 § 10(3); 1973 c.825 §91

624.080 Diseased persons working inrestaurants or temporary restaurants; suspicion of possible transmission of infection. (1) The division may, by rule, definecertain communicable diseases which may bespread to the public by employes of a restaurant or temporary restaurant.

991

SUPERSEDED


2) No person who is affected with a com-

municable disease described in subsection ( 1) of this section or is a carrier of such disease

shall work in any restaurant or temporaryrestaurant. No restaurant or temporary res-

taurant shall employ any such person or anyperson suspected of being affected with anycommunicable disease or of being a carrier ofsuch disease. If the restaurant or temporaryrestaurant manager suspects that any employe has contracted any disease in a communicable form or has become a carrier of such

disease he shall notify the assistant directorimmediately. A placard containing this section shall be posted in all toilet rooms.

3) When suspicion arises as to the possi-

bility of transmission of infection from anyrestaurant or temporary restaurant employe, the assistant director may require any or allof the following measures:

a) The immediate exclusion of the employe from all restaurants and temporaryrestaurants; and

b) Adequate medical examinations of theemploye and his associates, with such labora-

tory examinations as may be indicated. Amended by 1957 c.672 § 5; 1973 c.825 § 101

624.090 [ Amended by 1953 c. 177 § 8, repealed by1973 c.825 §231

624.095 [ 1971 c.661 §4; repealed by 1973 c.825 §231

624.100 Rules. The division shall make

all rules necessary for the enforcement of ORS624.010 to 624.120, including such rules concerning the construction and operation ofrestaurants and temporary restaurants as arereasonably necessary to protect the publichealth of persons using these facilities. Partic- ularly, these latter rules shall provide for, butshall not be restricted to the following:

1) A water supply adequate in quantityand safe for human consumption.

2) Disposal of sewage, refuse and other

wastes in a manner that will not create a

nuisance or a health hazard.

3) The cleanliness and accessibility oftoilets and handwashing facilities.

4) The cleanliness of the premises.

5) The refrigeration of perishable foods.

6) The storage of food for protectionagainst dust, dirt and contamination.

7) Equipment of proper construction and

cleanliness of such equipment.

8) The control of insects and rodents.

9) The cleanliness and grooming of foodworkers.

10) Exclusion of unauthorized persons

from food preparation and storage areas.

Amended by 1957 c.672 §6; part renumbered as 624.027; 1973 c.825 § 111

624.110 Rating surveys; preparing

and disseminating information; educa-

tional programs. The division shall make

such rating surveys as are necessary to obtainuniform enforcement of ORS 624.010 to624.120 throughout the state, and shall pre-

pare and disseminate information pertainingto educational programs for the purpose ofencouraging compliance with ORS 624.010 to624.120 on the part of owners, managers and

employes of eating and drinking establishments. [Amended by 1973 c.825 § 121

624.120 Disposition of fees and fines. All license fees and fines collected under ORS624.010 to 624. 120 shall be paid into the Gen- eral Fund in the State Treasury and placed tothe credit of the Health Division Account and

such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 624.010 to624.120. [Amended by 1957 c.672 § 7; 1973 c.427 § 131

624.130 Emergency training in firstaid required of restaurant employes;

training programs; fees. ( 1) Any restaurantwhere food is served to be consumed on thepremises shall require that its food serviceemployes, within a reasonable time after dateof employment or October 4, 1977, be trained

to administer emergency first aid to relieveany person choking on food particles pursuantto a training program approved by the countyhealth officer or as described in Red CrossManual 32 -1138 as the " abdominal thrust"

procedures.

2) The county board of health shall provide or cause to be provided the necessary

training program at reasonable intervals, asdetermined by the county board.

3) For such training the county board ofhealth may charge reasonable fees to coveractual expenses of providing training andissuing verification of training.

4) The county board of health may waivein writing the training requirements of thissection in cases of undue hardship, or wherethe county board determines that the employe's assignment renders such trainingimpracticable or unnecessary.

992

SUPERSEDED


5) No civil or criminal liability to therestaurant or its employes shall result fromgood faith application by a trained person ofthe first aid described under subsection ( 1) ofthis section. [ 1977 c.824 § 11

COMMISSARIES, MOBILEUNI'T'S AND VENDING

MACHINES

624.310 Definitions for ORS 624.310 to624.440. As used in ORS 624.310 to 624.440unless the context requires otherwise:

1) " Approved" means approved by theadministrator.

2) " Commissary" means commissarycatering establishment, restaurant or anyother place in which food, beverage, ingredients, containers or supplies are kept, handled,

prepared or stored, and from which vendingmachines or mobile units are serviced.


4) " Employe" means any operator or anyperson employed by an operator who handlesany food, beverage, or ingredient to be dispensed through vending machines or mobileunits, or who comes into contact with productcontact surfaces of the container, equipment,

utensils or packaging materials, used in connection with vending machines or mobile unitoperations, or who otherwise services or main-

tains one or more such machines or units.

5) " Food" means any raw, cooked or processed edible substance, beverage or ingredient used or intended for use in whole, or inpart, for human consumption.

6) " Assistant director" means the Assis- tant Director for Health.

624.320

tion, association or any other public or privateentity.

11) " Product contact surface" means anysurface of the vending machine or mobileunit, appurtenance or container which comes

into direct contact with any food, beverage oringredient.

12) ` Readily perishable food" means anyfood, beverage or ingredient consisting inwhole or in part of milk, milk products, eggs,

meat, fish, poultry, or any other food capableof supporting rapid and progressive growth ofmicro- organisms which can cause food infec-

tions or food intoxications. However, `readilyperishable food" does not include products inhermetically sealed containers processed byheat to prevent spoilage or dehydrated, dry orpowdered products which are so low in mois-

ture content as to preclude development ofmicro- organisms.

13) " Single- service article" means anyutensil, container, implement or wrapper

intended for use only once in the preparation, storage, display, service or consumption offood or beverage.

14) " Utensil" means any kitchenware, tableware, glassware, cutlery, container,

cleaning brush or other equipment that comesinto contact with food or product contact surfaces during cleaning of vending machines, mobile units or commissary equipment, or

during storage, preparation, serving, dispensing or consumption of food.

15) " Vending machine" means any self - service device offered for public use which, upon insertion of a coin, coins, currency ortoken, or by other means, dispenses unit servings of food or beverage, either in bulk or

package, without the necessity of replenishingthe device between each vendirw nneratinn_

7) " Machine location" means the room,

inclosure, space or area where one or morevending machines are installed and are inoperation.

8) " Mobile unit" means any vehicle onwhich food is prepared, processed or convertedor which is used in selling and dispensing foodto the ultimate consumer.

9) " Operator" means any person, who bycontract, agreement or ownership is responsible for furnishing, installing, servicing, operating or maintaining one or more vendingmachines or mobile units.

10) " Person" means any individual, partnership, corporation, company, firm, institu-

993

16) " Warehouse" means any place wherefood, utensils, single- service articles, cleaningor servicing supplies for vending machines, mobile units or commissaries are stored. [ 1963

c.575 § 1; 1973 c.825 § 13; 1975 c.792 §21

624.320 License required to operate

commissary, mobile unit or vending machine. ( 1) After January 1, 1964, no personshall operate a vending machine, commissaryor mobile unit without first procuring a license to do so from the division. The licenseshall be posted in a conspicuous place in thecommissary. A card, emblem or other deviceclearly showing the name and address of thelicensee and the serial number of the license

SUPERSEDED


shall be affixed to each vending machine ormobile unit as the case may be.

2) Application for the license shall be in

writing in the form prescribed by the divisionand shall contain the following information:

a) Name and address of the applicant.

b) Location of all commissaries.

c) Locations where supplies are kept.

d) Locations where vending machines ormobile units are stored, repaired or renovated.

e) Identity and form of food to be dispensed through vending machines.

f) Number of each type of vending machine on location.

3) Specific locations of the vending machines and specific itineraries of the mobileunits shall be on file at the operator's businessoffice and shall be readily available to thedivision. The details of the conversion of any

vending machine to dispense products otherthan those for which the license was issued

shall be furnished in writing to the division. 1963 c 575 §2; 1973 c.825 § 141

624.330 Exemption of certain com-

missaries, mobile units and vending ma-

chines from licensing requirements. ( 1)

Vending machines dispensing only ball chewing gum, nutmeats and the following prepack- aged foods: Candy, chewing gum, nutmeats, potato chips, pretzels, popcorn, cookies, crack-

ers and bottled or canned soft drink beveragesshall be exempt from the provisions of ORS624.320 and 624.430.

2) The division may, by rule, exemptcertain other types of vending machines fromthe license requirements of ORS 624.310 to624.440 when it appears that there is no danger to the life and health of the people of thisstate.

3) The provisions of ORS 624.310 to624.440 do not include commissaries, mobile

units or vending machines which are present-

ly licensed and inspected by the State Depart- ment of Agriculture or United States PublicHealth Service. [ 1963 c 575 § §7, 15; 1973 c.825 § 151

624.340 Denial, suspension or revoca-

tion of license. The assistant director maydeny, suspend or revoke a license in accordance with ORS 183.310 to 183.500 in any casewhere he finds that there has been a substan-

tial failure to comply with the provisions ofORS 624.310 to 624.440 or the rules promulgated under ORS 624.310 to 624.440. [ 1963

c.575 §4; 1973 c.825 § 161

624.350 [ 1963 c. 575 §5; repealed by 1973 c 825 §231

624.360 [ 1963 c.575 §6; repealed by 1973 c.825 §231

624.370 Inspection of commissary,

warehouse, mobile unit or vending ma-

chine; report of assistant director; hear-

ing. ( 1) At least once every six months, theassistant director shall inspect every commissary and warehouse, and a representativenumber of each operator's mobile units and

vending machines. The assistant director shallbe granted access at reasonable times to all

parts of the commissary and shall have access, either in the company of an employe or otherwise, to the interior of all vending machinesor mobile units of the operator at such times

as the assistant director considers necessary toinsure compliance with the provisions of ORS624.310 to 624.440.

2) Samples of food, drink and other sub-

stances may be taken and examined by theassistant director as often as may be necessary for the detection of unwholesomeness oradulteration. The assistant director may condemn and prohibit the sale of or cause to beremoved or destroyed, any food or drink whichcontains any toxic, contaminated, filthy, putrid, decomposed or diseased substance or if itis otherwise unfit for human consumption.

3) One copy of the inspection report shallbe posted by the assistant director upon aninside wall of the commissary or placed in themobile unit. The inspection report shall not bedefaced or removed by any person except theassistant director. A copy of the inspectionreport on vending machines shall be sent tothe operator. Another copy of each inspectionreport shall be filed with the records of thedivision.

4) If the assistant director discovers the

violation of any provision of ORS 624.310 to624.440 or any rule promulgated thereunder, he shall make a second inspection after thelapse of such time as he considers necessaryfor the defect to be remedied.

5) If a violation is of a nature so as toconstitute a danger to the health of the peopleof this state, the assistant director may orderimmediate closure of the commissary, mobile

unit, or vending machine and shall, within 24hours of the time of inspection, mail to or

serve personally on the licensee a copy of theinspection report signed by the assistant director showing thereon the particular facilityclosed and the reason. The assistant director

994

SUPERSEDED


shall, if requested, hold a hearing in accordance with ORS 183. 310 to 183.500. [ 1963 x575

8; 1973 c.825 §17; 1975 c.792 §2]

624.380 Diseased persons working incommissary or mobile unit; suspicion of

possible transmission of infection. (1) No

person affected with a communicable disease

described in subsection ( 1) of ORS 624.080 oris a carrier of such disease shall work in anycommissary, mobile unit or in the servicing ofvending machines nor shall any operatoremploy any such person or any person suspect-

ed of being affected with any communicabledisease or of being a carrier of such disease. Ifthe operator suspects that any employe has aninfectious disease in a communicable form ormay be a carrier of such a disease he shall

notify the assistant director immediately. Aplacard containing this section shall be postedin all toilet rooms.

2) When, in the opinion of the assistantdirector, there is a possibility of transmissionof infection from any person or employe, theassistant director may require the immediateexclusion of such person or employe from all

commissaries, mobile units and vending machines and may require a medical examination of the person or employe and his associates including such laboratory examinationsas may be indicated. [ 1963 c.575 § 9; 1973 c.825

18]

624.390 Rules. The division shall makereasonable rules for carrying out the provisions of ORS 624.310 to 624.440, including butnot limited to the following:

1) Construction and operation of commissaries, mobile units and vending machines.

2) Water supply adequate in quantity andsafe for human consumption.

3) Disposal of sewage, refuse and otherwastes in a manner that will not create anuisance or health hazard.

4) Cleanliness of premises and facilities.

5) Refrigeration of perishable foods andthe wholesomeness of all food and beverageingredients.

6) Protection of food, utensils, wrappingand serving materials against dust, dirt andcontamination.

7) Equipment of proper construction andthe maintenance of such equipment.

8) Approved plumbing. 9) Sanitary facilities for employes in

commissaries.

624.420

10) Control and exclusion of insects androdents.

11) Labeling of foods or beverages.

12) Exclusion of vending machines dispensing chemicals, sanitizers, detergents, economic poisons and such other compounds of

similar nature from immediate areas wherefood and beverage vending machines arelocated.

13) Approval of plans for commissaries, mobile units and vending machines. [ 1963 c.575

10; 1973 c.825 § 191

624.400 Rating surveys; preparing

and disseminating information; cooperation with local health departments in educational programs. The division shall make

such surveys as are necessary to obtain uniform enforcement of ORS 624.310 to 624.440throughout the state and shall prepare anddisseminate information and shall cooperatewith and assist local health departments ineducational programs for the purpose of encouraging compliance with ORS 624.310 to624.440 on the part of operators and employes

of vending machines and mobile units. [ 1963

c.575 § 12; 1973 c.825 §201

624.410 Commissaries and sources of

supply outside jurisdiction. (1) Foods from

commissaries or other sources outside the

jurisdiction of the division may be sold in thelocal jurisdiction if such commissaries or othersources of supply conform to the provisions ofORS 624.310 to 624.440 and the rules promulgated under ORS 624.310 to 624.440 or to

substantially equivalent provisions.

2) The division shall investigate andsurvey the system of regulations in effect for

commissaries or sources of supply outside thestate. Upon determination that the regula-

tions in effect are of a quality substantiallyequal to the rules of ORS 624.310 to 624.440,

the division may permit such commissaries orsources of supply to be used in the state. [ 1963

c.575 §11; 1973 c.825 §211

624.420 Abating or enjoining violations of ORS 624.310 to 624.440. Any commissary, mobile unit or vending machineoperated contrary to the provisions of ORS624.310 to 624.440 is a public nuisance and

dangerous to health and may be abated orenjoined in the manner provided by law. [1963c.575 § 14]

995

SUPERSEDED

R24.430 FOOD AND OTHER COMMODITIES

624.430 License fees. ( 1) Every applicant for a license to operate a commissary,

vending machine, warehouse or mobile unitshall pay to the division an annual fee in thefollowing amounts:

Annual fee

a) Each commissary 50

b) Each warehouse 20

c) Mobile units 25

d) Vending machines as follows: Number of units

or machines Annual fee

1 - 10 25

11 - 20 50

21 - 30 75

31 - 40 100

41 - 50 125

51 - 75 150

76 - 100 200

101 - 250 350

251 - 500 550

501 - 750 750

751 - 1, 000 920

1, 001 - 1, 500 $ 1, 200

1, 501 - 2,000 or more $ 1, 500

2) All licenses issued under ORS 624.310to 624.440 shall terminate and be renewableon December 31 of each year. Such licensesshall not be transferable, nor shall refunds bemade on the unused portions of license orupon applications that have been denied. [ 1963

c.575 §3; 1973 c. 182 §3; 1975 c.526 §6; 1979 c.696 §131

624.440 Disposition of fees and fines.

All moneys collected under ORS 624.310 to624.440 shall be paid into the General Fund inthe State Treasury and placed to the credit ofthe Health Division Account and such moneys

hereby are appropriated continuously andshall be used only for the administration andenforcement of ORS 624.310 to 624.440. [ 1963

c.575 §13; 1973 c.427 §141

ADMINISTRATION AND

ENFORCEMENT OF FOODSERVICE FACILITY LAWS

624.500 [ 1971 c.661 §3; repealed by 1973 c.825 §231

624.510 Delegating to county officialsfor administration and enforcement of

laws; disbursement of fees to counties. (1)

The Assistant Director for Health shall delegate to any county board of commissionerswhich requests any of the authority, responsibilities and functions of the Assistant Director

for Health under ORS 624.010 to 624.120 and624.310 to 624.990 if the assistant directordetermines that the county is willing and ableto carry out the rules of the division relatingto fee collection, licensing, inspections, enforcement and issuance and revocation of

permits and certificates in compliance withstandards for enforcement by the counties andmonitoring by the division. Such standardsshall be established by the division in consultation with the appropriate county officialsand in accordance with ORS 431.345. Thedivision shall review and monitor each coun-

ty's performance under this subsection. Inaccordance with ORS 183. 310 to 183. 500, the

assistant director may suspend or rescind adelegation under this subsection. If it is determined that a county is not carrying out suchrules or the delegation is suspended, the unexpended portion of the fees collected undersubsection (2) of this section shall be available

to the division for carrying out the authority, responsibility and functions under this section.

2) The county may determine the amountof, and retain, any fee for any function undertaken pursuant to subsection ( 1) of this section or use the fee schedules pursuant to ORS624.020, 624.025 and 624.430. The county,

quarterly, shall remit 15 percent of the collected fees to the division for monitoring county programs and for providing the necessaryforms, licenses, and informational material

necessary to maintain a uniform state program.

3) In any action, suit or proceeding arising out of county administration of functionspursuant to subsection ( 1) of this section and

involving the validity of a rule promulgatedby the division, the division shall be made aparty to the action, suit or proceeding. [ 1973

c.825 §22a; 1975 c 790 §3; 1975 c 792 §41

PENALTIES

624.990 Penalties. ( 1) Violation of anyprovision of of ORS 624.010 to 624. 120 or

rules of the division promulgated under ORS624.010 to 624.120 is a Class C misdemeanor.

2) Violation of any provision of ORS624.310 to 624.440 or rules of the divisionpromulgated under ORS 624.310 to 624.440 isa Class B misdemeanor. [ Subsection ( 2) enacted as

1963 c.575 § 16, 1973 c 825 §221

996

SUPERSEDED



Pursuant to ORS 173. 170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter arecorrect copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and otherchanges specifically authorized by lawDone at Salem, Oregon, Thomas G. CliffordOctober 1, 1979. Legislative Counsel

997

SUPERSEDED


998

SUPERSEDED

Chapter 625


Bakeries and Bakery Products

625. 209 Standards for pans used for baking bread625. 212 Definitions for ORS 625. 215625. 215 Sale of unenriched breads prohibited

LABELING OF BREAD LOAVES

625. 220

BAKERIES

625.010 Definitions for ORS 625.010 to 625.270625.020 License required to operate bakery, excep-

Remedies of persons injured by violations

tions

625.030 Application for bakery license; inspection

tion of books and records; use of testimo-

of premises and equipment; issuance of

625. 270

certificate

625.040 Grounds for denial of application625.050 Expiration of bakery license; renewal;

transfer of license

625.060 Cancellation and suspension625.070 Posting and surrender of certificate625.080 Distributor's license required625.090 Application for license; inspection of

premises and equipment; issuance ofcertificate

625.103 Grounds for refusing to issue or revokinglicense

625.110 Expiration of distributor' s license; renewal; transfer of license

625.120 Display and surrender of certificate625.140 Inspection of bakeries and vehicles625.150 Sanitary regulations625.160 Powers of department; rules and regula-

tions

625. 180 License fees; additional vehicle registration fee

625.190 Disposition of fees; appropriation625.200 Standard of weight for bread; inspections

by department; sale of loaves of unauthorized weight prohibited; cakes andcookies

625. 209 Standards for pans used for baking bread625. 212 Definitions for ORS 625. 215625. 215 Sale of unenriched breads prohibited

LABELING OF BREAD LOAVES

625. 220 Labeling of bread loaves625.240 Labeling requirement for balloon bread625.250 Net weight of loaf to be stated if price is

Remedies of persons injured by violations

stated

625.260 Exceptions from labeling requirement for

tion of books and records; use of testimo-

unwrapped bread

625. 270 Unlawful sale prohibited; exception

ADVERTISING AND TRADE PRACTICES

625.310 Definitions for ORS 625.310 to 625.350625.320 Forbidden representations and usages625.330 Remedies of persons injured by violations625.340 Compelling defendant to testify; introduc-

tion of books and records; use of testimony as basis for prosecution

625.350 Prohibited contract illegal

MISCELLANEOUS

625.810 Adulterated and misbranded food

625.990 Penalties

CROSS REFERENCES

PENALTIES

Administrative procedures and rules of state agencies, 625.190183.310 to 183.500

Expenditures without allotment prohibited in certainFlour products, standards of quality and identity, 616. 775

to 616.790 cages, 291.238

Product test reports, publication and distribution by StateDepartment of Agriculture, 561. 315

999

SUPERSEDED


1000

SUPERSEDED

BAKERIES AND BAKERY PRODUCTS

BAKERIES


1) ` Bakery" means any place, premises orestablishment where any bakery product isregularly prepared, processed or manufac-

tured for sale other than for consumption onthe premises where originally prepared, processed or manufactured.

2) ` Bakery product" includes bread, rolls, cakes, pies, doughnuts and all similar goods, to be used for human food, but does not include cookies, biscuits or crackers.

3) ` Balloon bread" or " balloon loaf,"

which may be further defined by the department, means a loaf of bread manufactured orbaked by a person taking the approximateamount of bread dough used for the baking ofa loaf of bread in a pan, size or weight established by ORS 625.200 and 625.209, or bydepartmental regulation, and baking such loafin a pan of a larger size. By expanding orballooning the bread dough to fit the largerpan, such loaf after being baked in the largerpan then simulates a loaf of bread of a largerweight or size.

4) " Container" means the container or

wrapper in which bakery products are sold oroffered for sale.


6) ` Distributor" means any person otherthan a bakery engaged within the state in theselling, marketing, or distributing at wholesale or retail any bakery products but does notinclude:

a) Any person distributing solely bakeryproducts manufactured by him in a bakerylicensed under ORS 625.010 to 625.270.

b) Any retail food store selling or makingdelivery from a fixed place of business.

7) " Label" or " labeled" means:

a) The words " Net Weight" or the abbre- viation thereof "Net Wt. "; and

b) The applicable net weight as prescribed and required by ORS 625.200 for eachsuch loaf of bread; and

c) The name and place of business of themanufacturer or distributor; and

d) The identity of the bakery productwithin the container; and

625.040

e) Such other information and wording asmay be required by regulations promulgatedby the department under the authority granted by ORS 625. 160.

8) " Person" includes an individual, partnership, corporation, association or club.

Amended by 1955 c.298 § l; 1959 c 370 § l; 1963 c. 594 §2; 1969 c. 192 §11

625.020 License required to operatebakery; exceptions. (1) Except as provided insubsection ( 2) of this section, no person shall

operate or participate in the operation of anybakery within this state without a bakerylicense for that bakery, issued and in effectunder ORS 625.010 to 625.270.

2) A license is not required for a domestickitchen type bakery that is operated in behalfof a nonprofit institution or is otherwise notoperated for profit. [ Amended by 1975 c 312 § 11

625.030 Application for bakery license; inspection of premises and equipment; issuance of certificate. Application

for a bakery license shall be made in writingto the department on forms supplied by thedepartment. After receipt of the applicationand the fees required by ORS 625.180, thedepartment shall cause to be made a properdetailed inspection of the premises and equipment or of the plans and specifications of the

bakery involved. If the department finds thatthe premises and equipment are or will be of asanitary construction, design or condition andthat the applicant has complied with and will

be able to comply with ORS 625.010 to625.270, the application shall be approved andthe department shall issue to the applicant anumbered license certificate bearing the nameand address of the licensee and of the premises licensed.

625.040 Grounds for denial of application. The department shall refuse to grantany application for a bakery license if it findsafter proper investigation that:

1) The applicant has made to the department any false statement of a material nature;

2) The premises or equipment of thebakery sought to be licensed are not of a sanitary construction, design or condition. Howev- er, this section shall not be applied to prevent

licensing and operation of a bakery solelybecause such establishment is in an areawhich is part of and not separate from a domestic kitchen if the establishment is uponinvestigation by the department found to be

1001

SUPERSEDED


constructed and maintained in a clean, health- bakery products sold in a retail food store. Aful and sanitary condition; or distributor's license is not required of any

3) The applicant has failed to complyb t' 1 1 bak roducts

with ORS 625.010 to 625.270 or any otherapplicable law of this state relative to baker-

ies or bakery products or any regulation ineffect thereunder; except that if it is determined that an applicant has not so complied

he shall be allowed a reasonable time, not

exceeding 30 days, within which to comply, and his refusal or neglect to comply withinthat period is cause for denial of the application. [ Amended by 1973 c.243 § 11

625.050 Expiration of bakery license; renewal; transfer of license. Each bakerylicense expires on December 31 next followingits date of issue, unless sooner revoked forcause. Renewal may be obtained annually bypaying to the department the required annuallicense fee. The license is not transferable to

any person or applicable to any location otherthan that for which originally issued.

625.060 Cancellation and suspension.

The department may cancel or suspend anybakery license if it finds after proper investigation that:

1) The licensee has violated any provisionof ORS 625.010 to 625.270 or of any other lawof this state relating to the operation of bakeries or the manufacture or handling of anybakery product, or any regulation effectivethereunder; or

2) The licensed bakery premises or anyequipment used therein or in connection

therewith is in an insanitary condition andthe licensee has failed or refused to remedythe condition within 10 days after receiptfrom the department of written notice so to do.

625.070 Posting and surrender of

certificate. The operator of the licensed bak-

ery shall keep the numbered license certificate posted conspicuously on the licensedpremises. In the event of revocation or suspen-

sion of the license, the certificate shall be

surrendered by the licensee to the departmentpromptly upon demand.

625.080 Distributor' s license re-

quired. No person shall engage within this

state in the sale or distribution of any bakeryproduct, other than exclusively as a retail foodstore or otherwise at retail at a fixed place orplaces of business, without holding a licenseso to do issued to that person by the department; but this does not affect the delivery of

person stn u ing so e y ery p

manufactured by him in a bakery licensedunder ORS 625.010 to 625.270.

625.090 Application for license; in-

spection of premises and equipment; issuance of certificate. Application for a distributor's license shall be filed in writing withthe department on the form prescribed and

supplied by the department. After receipt ofthe application and the fees required by ORS625.180, the department shall cause to bemade a proper detailed inspection of the prem-

ises and equipment to be used by the applicantin distribution within this state of bakeryproducts. If the department finds that thepremises and equipment are or will be of a

sanitary construction, design or condition andthat the applicant has complied with and will

be able to comply with ORS 625.010 to625.270, the application shall be approved andthere shall be issued to the applicant a num-

bered license certificate bearing the name andaddress of the licensee.

625.100 Grounds for refusing to issueor revoking license. The department mayrefuse to issue or may revoke or suspend anydistributor's license by reason of his violationor participation in a violation of ORS 625.010

to 625.270 or of any other law of this staterelating or applicable to the sanitary handling, storage, packaging, sale, transportationor distribution of bakery products, or of anyregulation effective thereunder.

625.110 Expiration of distributor's

license; renewal; transfer of license. Eachdistributor's license expires on December 31 ofthe year of issue unless sooner revoked forcause and may be renewed annually uponwritten application to the department andpayment of the required annual license fee forthe following year. A distributor's license isnot transferable and is strictly personal to theperson to whom issued.

625.120 Display and surrender of

certificate. The distributor's numbered license certificate shall be kept posted conspicu-

ously at the licensee' s principal public place ofbusiness within this state. The licensee shallalso cause to be displayed conspicuously onthe outside of each vehicle used by him indistribution of bakery products the statementState Bakery Distributor's License No. ,"

including the proper license number. In event

1002

SUPERSEDED


of revocation or suspension of the license, the

certificate shall be surrendered by the licenseeto the department promptly upon demand.

625.130 [Repealed by 1961 c 425 §201

625.140 Inspection of bakeries andvehicles. The department shall cause to bemade periodically a thorough inspection ofeach licensed bakery to determine whether ornot the premises are constructed, equippedand operated in accordance with the requirements of ORS 625.010 to 625.270 and of allother laws of this state relating to bakeries orbakery products and all regulations effectivethereunder. Such inspection shall also bemade of each vehicle used by a bakery ordistributor licensed under ORS 625.010 to625.270 in transporting or distributing anybakery product within this state.

625.150 Sanitary regulations. The

department shall prescribe reasonable sanitation requirements, not inconsistent with existing laws or regulations issued thereunder, governing the storing, handling, mixing,

preparation, processing, manufacture, trans-

portation and distribution of bakery products, and the design, construction, installation,

maintenance, use, care and cleaning of utensils and equipment used therein or in connec-

tion therewith. Upon promulgation of anysuch regulation, any violation thereof is punishable as provided in subsection ( 1) of ORS625.990. Any such regulation may be amended, altered or repealed by the department.

625.160 Powers of department; rulesand regulations. (1) The department has thepowers necessary or proper to enable it to

carry out fully and effectually all the purposesand provisions of ORS 625.010 to 625.270. Thedepartment may adopt rules and regulationsnecessary and feasible for carrying out theprovisions of ORS 625.010 to 625.270, andmay amend or repeal the rules or regulations. The rules and regulations shall be publishedas provided by ORS 561. 190.

2) Such rules and regulations hereinprovided for shall include, but not be limitedto, the following:

a) The location of any and all advertising, lettering, wording or figures that appear on abakery product container and the minimumcontents thereof.

b) The size, form and method of printingto be used in such labeling.

625.200

c) Standards of identity and standards ofquality for bakery products which shall becompatible and not in conflict with the federal

standards of identity and quality for bakeryproducts. [ Amended by 1969 c 192 § 2; 1975 c 265 § 11

625.170 [Repealed by 1959 c.370 §51

625.180 License fees; additional vehicle registration fee. (1) Subject to subsection

2) of this section every bakery doing businessin this state shall pay a license fee not toexceed the sum of $ 25, and an additional

license fee equal to 75 cents each on the average number of employes for the precedingcalendar year.

2) Every domestic kitchen type bakeryoperated for profit and every distributor doingbusiness in this state shall pay a license fee of

10.

3) The payment of the bakery or distributor's license fee by any bakery or distributorentitles the bakery or distributor to the rightto use one vehicle for the delivery or distribution of bakery products. For each additionalvehicle so used each bakery shall pay an annual registration fee of $ 2 which shall be

payable together with the bakery or distributor's license fee; except that whenever anybakery, at any time during any license year, desires to use an additional vehicle required tobe registered by this section, and not so registered, such bakery or distributor shall, beforeusing such vehicle in the sale or distributionof bakery products, make application to thedepartment, pay the required $ 2 registrationfee and receive from the department a permitfor the use of the vehicle. All such vehicleregistrations shall, together with the bakeryand distributors' licenses, expire on December31 next following their date of issuance. Amended by 1967 c.244 § l; 1973 c.243 §2; 1975 c.312 § 21

625.190 Disposition of fees; appropri-

ation. All fees received by the departmentunder ORS 625.010 to 625.270 shall be deposited in the Department of Agriculture ServiceFund and are continuously appropriated to thedepartment for the purpose of carrying outORS 625.010 to 625.270. [ Amended by 1979 c. 499

251

625.200 Standard of weight for bread; inspections by department; sale of loavesof unauthorized weight prohibited; cakesand cookies. (1) Bread, manufactured, madeor kept for the purpose of sale, offered orexposed for sale, or sold in the form of loaves, shall be one of the following standards of

1003

SUPERSEDED


weights, and no other, namely: " Standard

loaf' which shall not weigh less than 15 ounces and not more than 1 pound 1 ounce orStandard large loaf" which shall weigh not

less than 1 pound 6 1/ 2 ounces and not morethan 1 pound 9 1/ 2 ounces or " Standard extralarge loaf' which shall weigh not less than 1pound 14 ounces and not more than 2 pounds2 ounces. When twin loaves, or multiple

loaves are baked, the weight specified in this

section shall apply to each unit of the twin ormultiple loaves.

2) Inspections by the department of theweight of bread may be made either on thepremises of the maker or manufacturer or at

the place or premises where the bread is sold, offered or exposed for sale to the public at

retail. The inspection by the department ofthe weight of bread shall be made within 24

hours after baking. In determining theweights prescribed in this section, the department shall average the weight of not less than

12 loaves of bread of any one unit of a specificvariety and brand name and such averageweight per loaf shall be within the tolerancesherein established for the respective loaf ofsuch unit. In the event there are less than 12

loaves of any one unit of a specific variety andbrand name available at the time of inspection, then the average weight per loaf shall bedetermined from such loaves of any one unitof a specific variety and brand name as maybe available.

3) For the purpose of this section breadshall be deemed to be in the form of loaves, whether or not the loaf is wrapped, or whether

transparent or other wrapping is used, orwhether or not the loaf is sliced, and shall bedeemed to be in package form when wrapped, and shall be labeled with the net weight pro-

vided for in this section and such other label-

ing as may be required by regulations promulgated by the department under the authoritygranted in ORS 625.160.

4) No person shall manufacture, make,

procure or keep for the purpose of sale, offeror expose for sale, or sell bread in the form ofloaves which does not conform to the weights

specified in this section.

5) This section does not apply to biscuits, buns, crackers, rolls or what is commonlyknown as cakes and cookies, which, when sold

or offered for sale, shall be sold either by netweight or numerical count, and when in pack-

age form shall be marked plainly as to the netweight or numerical count, except that pack-

ages containing more than 12 shall be labeledwith the net weight. [ Amended by 1953 c.657 § 2,

1959 c.370 §2, 1969 c 192 §31

625.205 [ 1953 c.651 § 2; 1955 c.298 § 2; 1971 c. 176

10; repealed by 1975 c 265 §151

625.209 Standards for pans used for

baking bread. Pursuant to the provisions ofORS 183. 310 to 183.500, the department maypromulgate, amend or repeal regulations

setting forth the dimensions and size of panswhich must be used in Oregon for the bakingof bread. The department may take into consideration but is not limited to:

1) The laws or regulations of the UnitedStates or other states relating to dimensionsand sizes of bread pans.

2) The customs, practices and problems of

the bread baking industry in this state andother states.

3) Dimensions and sizes of bread pans

reasonably necessary to insure continued fairtrade practices in the baking of bread.

4) Measures reasonably necessary inorder that the consumer will not be deceived

or misled by deceptive shapes, dimensions, sizes, contents or the value of loaves of bread. 1959 c 370 §41

625.210 [ Repealed by 1959 c 370 § 51

625.212 Definitions for ORS 625.215.

As used in ORS 625.215 unless the contextrequires otherwise:

1) ( a) ` Bread," ` white bread," ` milk

bread" and " raisin bread" have the same

meaning as they have in the definitions andstandards promulgated by the departmentpursuant to ORS 625. 160.

b) As used in this subsection, " bread" also

includes those commonly known as Vienna, French and Italian.

2) ( a) " Rolls," " buns," ` white rolls," "

white buns," " raisin rolls" and " raisin buns

have the same meaning as they have in thedefinitions and standards promulgated by thedepartment pursuant to ORS 625.160.

b) As used in this subsection, " rolls" or

buns" include doughnuts, sweet rolls or sweetbuns made with fillings or coatings, such as

cinnamon, the soft rolls, such as Parker Houserolls, hamburger buns, hot dog buns and thehard rolls, such as Vienna rolls or Kaiserrolls. However, rolls or buns shall not includefoods made with specialty flours, such as cakeflour.

1004

SUPERSEDED


3) " Enriched" as applied to any of thebreads, rolls or buns defined in subsections ( 1) and ( 2) of this section means the addition ofthe vitamins, minerals and other nutrientsnecessary to make that food conform to thedefinition and standards for enriched bread, enriched rolls or enriched buns promulgated

by the department pursuant to ORS 625. 160. 1971 c. 176 §2; 1975 c.265 §21

625.215 Sale of unenriched breads

prohibited. It shall be unlawful for any person to manufacture, bake, sell or offer for sale

for human consumption any of the breads, rolls or buns specified in subsections ( 1) and2) of ORS 625.212 unless they are enriched. 1971 c. 176 §31

LABELING OF BREADLOAVES

625.220 Labeling of bread loaves.

Bread sold or offered for sale in the form ofloaves shall be conspicuously labeled as required by subsection ( 7) of ORS 625.010, ORS625.200 and the regulations promulgated bythe department under the authority of ORS625. 160. In addition to such requirements, if

the loaf is balloon bread and if advertising, lettering, wording or figures appear on thecontainer:

1) On the top and on both sides, then thelabel shall also appear on at least two suchplaces on the loaf of bread.

2) On only the sides, then the label shallalso appear on both sides.

3) On only one side, then the label shallappear on such side.

4) On only the top, then the label shallappear on the top.

5) On both ends, then the label shall alsoappear on both ends.

6) On only one end, then the label shallalso appear on such end.

7) On an attaching tag, quick lock orsimilar locking device, then the label shallalso appear on such tag or device. [ 1963 c.594

3, 1965 c. 142 §l; 1969 c. 192 §4]

625.230 [ 1963 c.594 §4, repealed by 1969 c. 192 §71

625.240 Labeling requirement for

balloon bread. Notwithstanding the provisions of ORS 625.200 and 625.209, and in

addition to other labeling of loaves of breadrequired by this chapter, a loaf of balloonbread may be baked and sold, providing it is

625.260

conspicuously labeled with the words `BAL- LOON," ` BALLOON LOAF" or ` BALLOONBREAD" in the same manner and places asrequired for the labeling of bread by ORS625.220, except that the words or letters shallbe at least:

1) One -half inch in height when appearing on the top, bottom or sides of a loaf.

2) One- fourth inch in height when appearing on the ends of a loaf.

3) One - eighth inch in height. when appearing on an attaching tag, quick lock orother similar locking device common to thebaking industry. [ 1963 c.594 §5; 1965 c. 142 § 2; 1969

c. 192 §5]

625.250 Net weight of loaf to be statedif price is stated. (1) Other than on a container, if the word " bread" is used and the price

thereof is a part of or appears in any visualadvertisement, display, placard, or descriptivewording, then the applicable and appropriatenet weight of such loaf must also be shown inbold -faced letters or numbers at least one- eighth inch in height, or not less than one- fourth of the height of the word " bread," whichever is the greater. If the bread is balloon bread, then the words " BALLOON," BALLOON LOAF' or `BALLOON BREAD" shall also be shown in the same type and sizeletters.

2) In any radio or television broadcast, advertising the sale of bread, if the price ofsuch loaf is made a part thereof, then theappropriate net weight must also be stated. Balloon bread" or " balloon loaf" shall bementioned if the advertisement refers to balloon bread.

3) In any advertising, radio or televisionbroadcast which refers to the weight of a loafof bread, the weight shall be expressed inounces or a fraction thereof. [ 1963 c.594 § §6, 7;

1969 c 192 §61

625.260 Exceptions from labelingrequirement for unwrapped bread. ( 1)

Except as provided by subsection ( 2) of thissection, the provisions of ORS 625.220 and

625.240 do not apply in a bakery where unwrapped bread is on display and available forinspection by the prospective purchaser andwhere after purchase, each loaf is immediate-

ly placed in a bag by bakery personnel for theconvenience of such purchaser.

2) If the bread being sold under the provisions of subsection ( 1) of this section is balloon

bread, the bakery shall place a placard next to

1005

SUPERSEDED


or in with such loaves on which appears inbold -faced letters at least one inch in heightthe words `BALLOON LOAF" or `BALLOONBREAD." Such placard must be placed so that

it can be easily read by the prospective purchaser. [ 1963 c.594 §91

625.270 Unlawful sale prohibited;

exception. ( 1) Except as provided in subsec-

tion ( 2) of this section, no person shall sell,

offer for sale, hold for sale, or bake a loaf ofbread in violation of the provisions of ORS625.010 to 625.270 or orders thereunder.


625.250 do not apply to bread sold at an occasional temporary bake sale held by a fraternal, religious, social or service organization.

1963 c.594 §81

ADVERTISING AND TRADEPRACTICES


1) ` Bakery" means any place, premises orestablishment where any bakery product isregularly prepared, processed or manufac-

tured for sale other than for consumption on

the premises where originally prepared, processed or manufactured.

2) " Bakery products" includes bread,

buns, rolls, cakes, pies, cookies, doughnutsand all similar goods now manufactured bybakeries, to be used for human food.

625.320 Forbidden representations

and usages. No person shall, in connection

with the operation of any bakery or the sale ordistribution by bakeries of any bakery product:

1) Use any method or make any statement, whether by print, radio, display orotherwise, which is inaccurate in any materialparticular, or which misrepresents any bakeryproduct or ingredient thereof.

2) Give or loan to any customer any showcase, display table, rack or other displayequipment or contrivance.

3) Offer or give any article of value inconnection with the sale of a bakery product.

4) Offer or make any concession of anykind whatsoever, whether by the giving ofcoupons or otherwise, in connection with anysuch sale.

5) Offer for sale or sell a bakery productin combination with any other commodity.

625.330 Remedies of persons injured

by violations. (1) Any person injured by anyviolation of ORS 625.310 to 625.350 may

maintain an action in any court of generalequitable jurisdiction of this state to prevent,

restrain or enjoin the violation. If in the suit aviolation of ORS 625.310 to 625.350 is estab-

lished, the court shall enjoin and restrain or

otherwise prohibit the violation, and the

plaintiff in the action is entitled to recover the

damages by him sustained, and the costs ofsuit, including a reasonable attorney's fee.

2) In the event no injunctive relief is

sought or required, any person injured by anyviolation of ORS 625.310 to 625.350 maymaintain an action for damages alone in anycourt of general jurisdiction in this state. Themeasure of damages in such action shall be

the same as that prescribed by subsection ( 1) of this section.

625.340 Compelling defendant to

testify; introduction of books and records; use of testimony as basis for prosecution. Any defendant in an action or suit broughtunder the provisions of ORS 625.310 to

625.350 may be required to testify under theprovisions of ORS 45.050 or by deposition. Inaddition, the books and records of any such

defendant may be brought into court andintroduced into evidence. No information so

obtained may be used against the defendantas a basis for a criminal prosecution under

subsection (2) of ORS 625.990. [ Amended by 1979

c.284 §1831

625.350 Prohibited contract illegal.

Any contract, express or implied, made by anyperson in violation of any of the provisions ofORS 625.310 to 625.350 is declared to be an

illegal contract and no recovery thereon shallbe had.

MISCELLANEOUS

625.810 Adulterated and misbranded

food. The provisions of ORS 616.215, 616.235

and 616.250 relating to prohibited acts andadulterated and misbranded foods are applica-

ble to this chapter. [1975 c.265 § 71

1006

SUPERSEDED


PENALTIES

625.990 Penalties. ( 1) Violation of anyprovision of ORS 625.010 to 625.270 is punishable, upon conviction, by a fine of not lessthan $25 nor more than $ 500. Justice courtsand district courts have concurrent jurisdiction with circuit courts of all criminal offensesprovided for in ORS 625.010 to 625.270.

2) Violation of any provision of ORS625.310 to 625.350 by any person, firm or

625.990

corporation, whether as principal, agent,

officer or director, for himself or for another

person, or for any firm or corporation, is amisdemeanor for each single violation and is

punishable, upon conviction, by a fine of notless than $ 100 nor more than $ 500, or byimprisonment not exceeding six months, orboth. Justice courts have concurrent jurisdiction with district and circuit courts of prosecutions for violations of ORS 625.310 to 625.350.


Pursuant to ORS 173. 170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter arecorrect copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and otherchanges specifically authorized by law. Done at Salem, Oregon, Thomas G. CliffordOctober 1, 1979 Legislative Counsel

1007

SUPERSEDED


1008

SUPERSEDED

Chapter 626

1979 reprint)

Licensing and Regulation of Butter and CheeseMakers

Note: 626.010, 626 020, 626.030, 626 040, 626.050, 626 060, 626.070, 626.080, 626.090, 626. 100 and 626.990, all relating to the licensing and regulation of butter andcheese makers, repealed by 1953 c.686 §37.

1111:7

SUPERSEDED


1010

SUPERSEDED

Chapter 627


Manufacture of Ice

627.005 Definitions

627.015 Inspection of ice plants; closure for violation; hearing on closure

627.025 Taking samples to determine if ice isadulterated; condemnation and destruction of adulterated ice

627.035 Prohibition against person with communicable disease working in ice plants; exclusion of employes from plant

627.045 Rulemaldng authority

627.055 Order to cease operation for failure to

comply with law or rules

627.990 Penalties

CROSS REFERENCES

Adnunistrative procedures and rules of state agencies, 183.310 to 153.500

Laboratory inspection of water used in ice, 448.230

1011

PENALTIES

SUPERSEDED


1012

SUPERSEDED

MANUFACTURE OF ICE 627.045

627.005 Definitions. As used in this prompt hearing after closure in accordancechapter unless the context requires otherwise: with ORS 183.310 to 183.500. [ 1973 c.360 § 31

1) " Assistant director" means the Assis-

tant Director for Health.

2) " Adulteration" means the condition of

ice that contains or bears any toxic or deleterious substance or article which may render itinjurious to health, or that the ice has been

packed or held under insanitary conditionswhere it may have become contaminated withfilth.


4) " Ice plant" means any commercialestablishment in which ice is manufactured, processed, stored, packaged or distributed forhuman consumption or for use in contact with

food products, utensils or equipment but doesnot include establishments which are licensed

or certified by the division in accordance withORS 441.015 to 441.087, 441.525 to 441.595,

441.810 to 441 .820, 441.990, 442.300, 442.320,

442.330, 442.340 to 442.350 and 442.400 to

442.450, ORS chapter 446, ORS 624.010 to

624.120 or 624.310 to 624.990 or licensed bythe Department of Human Resources in ac-

cordance with ORS 443.400 to 443.455 and

subsection ( 2) of 443.991. [ 1973 c.360 § 2; 1977

c.717 §22]

627.010 [Repealed by 1973 c.360 §91

627.015 Inspection of ice plants; clo-

sure for violation; hearing on closure. ( 1)

The person operating the ice plant shall, uponrequest of the assistant director, permit ac-

cess, at any reasonable hour, to all parts of theestablishment, all equipment relating to theoperation of the ice plant, storage areas, toilet

and lavatory rooms and any other portion ofthe plant relating to product or employe sanitation.

2) The assistant director shall make suchinvestigations and surveys of ice manufactur-

ing practices as are necessary to assure theproduction and distribution of sanitary ice.

3) Where the violation of any provision ofthis chapter or any rule promulgated thereunder comes to the attention of the assistant

director, immediate closure of the ice plant

may be made upon notification to the operatorin writing. An inspection report setting forththe reason for closure and a statement order-

ing the closure signed by the assistant directormay serve as the written notice of closure. Theassistant director shall, if requested, provide a

627.020 [Repealed by 1973 c 360 §91

627.025 Taking samples to determineif ice is adulterated; condemnation anddestruction of adulterated ice. Samples of

ice, water and other substances relating tosafety of ice may be taken and examined bythe assistant director as often as necessary forthe detection of adulteration. The assistant

director may condemn and forbid the sale of, or cause to be removed or destroyed, any icewhich is adulterated and may require discontinuance of water service to the ice makingdevice. [1973 c.360 §41

627.030 [Repealed by 1973 c.360 §91

627.035 Prohibition against person

with communicable disease working in iceplants; exclusion of employes from plant.

1) The division may, by rule, define certaincommunicable diseases which may be spreadto the public through contaminated ice.

2) No person who is affected with a com-

municable disease described in subsection ( 1)

of this section or is a carrier of such disease

shall work in any ice plant. No ice plant shallemploy any such person or any person suspect-

ed of being a carrier of such disease. Themanager shall notify the assistant directorimmediately if he suspects that an employehas contracted such a disease in a communicable form.

3) The assistant director may requireimmediate exclusion of any employe from theice plant and such medical and laboratorytests as deemed necessary to determine thepresence or absence of disease. [ 1973 c.360 §51

627.040 [ Repealed by 1973 c.360 §91

627.045 Rulemaking authority. The

division shall make all rules necessary for theenforcement of this chapter, including suchrules concerning the construction and operation of the ice plant as are reasonably necessary to protect the health of persons served bythese facilities and the product manufactured

therein. The rules shall provide for, but shall

not be restricted to, the following:

1) A water supply safe for human consumption and protected from contamination.

2) Availability, cleanliness and maintenance of toilet and lavatory facilities.

1013

SUPERSEDED


3) Cleanliness of the premises includingcontrol of vermin, dirt, airborne contami-

nants, condensate or leakage.

4) Cleanliness of employes and ice han-

dling techniques.

5) Construction of the structure, equipment and all appurtenances and the mainte-

nance and cleanliness of such items.

6) Storage of supplies, equipment andtools.

7) Limitation of access by unauthorizedpersons.

8) Collection, storage and disposal of all

liquid and solid waste materials as applicable.

9) Packaging, storage and distribution ofice in a sanitary manner.

10) Plumbing. [ 1973 c.360 §61

627.050 [Repealed by 1973 c.360 §91

627.055 Order to cease operation for

failure to comply with law or rules. Theassistant director may, under the provisions ofORS 183.310 to 183.500, order any person tocease and desist from producing, storing,

processing or selling ice when such ice plantfails to meet the provisions of this chapter or

rules written pursuant thereto. [1973 c.360 § 71

627.060 [Repealed by 1973 c 360 §91

627.070 [Repealed by 1973 c.360 §91

627.080 [Repealed by 1973 c.360 §91

627.090 [Repealed by 1973 c.360 §91

627. 100 [Repealed by 1973 c 360 §91

PENALTIES

627.990 Penalties. Violation of anyprovision of this chapter or rules of the divi-

sion promulgated under this chapter is a Class

C misdemeanor. [1973 c.360 §81


Pursuant to ORS 173. 170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter are

correct copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and otherchanges specifically authorized by lawDone at Salem, Oregon, Thomas G. CliffordOctober 1, 1977 Legislative Counsel

1014

SUPERSEDED

Chapter 628


Refrigerated Locker Plants

625.210 Definitions for ORS 628.210 to 625.380 628.310 Use of nontoxic marking625.220 License required for locker plant business 628.320 Inspection of food; storage outside lockers628.230 Application for and issuance of license

628.330 Fresh meats, identification and chilling628.240 License fees; disposition628.250 Refusal, revocation or suspension of 625.340 Fish and wild game

licenses 628.350 Rules and regulations625260 Furnishing copies of law to applicants for Owners and operators of locker plants not

628.270licenses; posting copy

Prohibition against employes afflicted warehousemen

with communicable disease in plant; 628.370 Jurisdiction and prosecution of violationshealth certificate of ORS 628.210 to 628.380

628.280 Inspection of plants; maintenance in628-W Disposition of fines for violation of ORS

sanitary condition

628-990 Sanitary and safety requirements628.210 to 628.380

628.300 Maintaining uniform temperatures; 628.990 Penalties

records

CROSS REFERENCES

Administrative procedures and rules of state agencies, 628.270

183.310 to 183.500 Diseased persons handling food, 616.745 to 616.755

1015

SUPERSEDED


1016

SUPERSEDED

REFRIGERATED LOCKER PLANTS

628.010 [Repealed by 1953 c 114 §21

628.020 [Repealed by 1953 c. 114 §21

628.030 [Repealed by 1953 c. 114 §21

628.040 [Repealed by 1953 c. 114 §21

628.050 [Repealed by 1953 c. 114 §21

628.060 [Repealed by 1953 c. 114 §21

628.070 [Repealed by 1953 c. 114 §21

628.080 [Repealed by 1953 c. 114 §21


unless the context requires otherwise:

1) " Clean," " healthful" and " sanitary" mean free of flies and other insects, rodents,

dusts, dirt, decomposed material, mold, odors

or any condition which would in any waycontaminate the food products stored.

2) " Department" means the State Depart-


3) " Person" includes any individual, partnership, corporation, association, cooperativeassociation, county, municipality or other

entity engaging in the business of operatingor owning a refrigerated locker plant or offering the services thereof, as described in subsections (4) and (5) of this section.

4) " Refrigerated locker" or " locker"

means a separate, individual compartment in

a refrigerated locker plant, wherein food maybe placed and kept in frozen food storage.

5) " Refrigerated locker plant" or " locker

plant" means any place, premises or establishment in which separate and individual com- partments for the frozen food storage and

preservation of food for human consumption

are offered to the public upon a rental or other

basis providing compensation to the personoffering such services.

628.220 License required for locker

plant business. No person shall engage with-

in this state in the business of owning oroperating any refrigerated locker plant oroffering the services of such plant withouthaving obtained from the department a license for each such place of business. The

licensee shall at all times maintain the license

conspicuously displayed in the licensed plant.

628.230 Application for and issuance

of license. Application for the license re-

quired by ORS 628.220 shall be made to thedepartment in writing containing such information and in such form as may be prescribedby the department. The license is not transfer-

628.260

able and does not authorize the conduct of anyrefrigerated locker business at any addressother than that stated in the application. Licenses shall be issued for the fiscal year

commencing on July 1 and ending on June 30next following.

628.240 License fees; disposition. ( 1)

The license fee for a refrigerated locker plant

is $25.

2) If the license is issued after January 1but before June 30 of the same year, the li-

cense fee shall be one -half of the fee providedin subsection (1) of this section.

3) All fees received by the departmentpursuant to ORS 628.210 to 628.380 shall be

deposited in the Department of Agriculture

Service Fund and are continuously appropriated to the department for the purpose of ad-

ministering and enforcing those sections. Amended by 1955 c. 174 R; 1979 c.183 § 3; 1979 c.49926a]

628.250 Refusal, revocation or sus-

pension of licenses. The department, actingthrough the Director of Agriculture or the

division chief of the department in charge of

the inspection of refrigerated locker plants,

may refuse, revoke or suspend any licenseissued pursuant to ORS 628.220 to 628.240

upon finding, after a hearing had in conformance with ORS 183.310 to 183.500, that:

1) The licensee has violated any provisionof ORS 628.210 to 628.380 or any other law ofOregon relating to the operation of refrigerated locker plants or frozen food storage plants

or the handling or sale of any food for humanconsumption or has violated any rule or regulation promulgated by the department.

2) The building, room, basement or cellaroccupied by the refrigerated locker plant isnot properly lighted, drained, plumbed, venti- lated and maintained in a clean, healthful and

sanitary condition.

3) The floors, walls or ceilings of the

refrigerated locker plant or the furniture,

receptacles, implements or machinery used inthe locker plant are not maintained in a clean,

healthful and sanitary condition. [ Amended by1961 c.425 § 151

628.260 Furnishing copies of law toapplicants for licenses; posting copy. Twocopies of ORS 628.210 to ORS 628.380 and

subsection ( 2) of ORS 628.990 shall be fur-

1017

SUPERSEDED

628.270 FOOD AND OTHER, COMMODITIES

nished each applicant for a license. One copy 628.290 Sanitary and safety require - shall be posted in a conspicuous place in the meats. ( 1) Each refrigerated locker plant

plant operated by the licensee. wherein food is handled, wrapped or processed

628.270 Prohibition against employesshall have available and maintain in a clean

afflicted with communicable disease inplant; health certificate. ( 1) The Health

Division may, by rule, define certain communicable diseases which may be spread to thepublic through the handling of food in refrigerated locker plants.

2) No person afflicted with communicable

or infectious disease described in subsection1) of this section shall be permitted to work

in or about any refrigerated locker plant or tohandle any food in connection with the operation of such plant.

3) In the discretion of the department, an

employe of a locker plant may be required tofurnish a certificate of health from a physi-

cian duly accredited by the Health Divisionfor the purpose of issuing such certificates. Ifsuch certificate is required under municipal

ordinance upon examination deemed adequate

by the Health Division, a certificate issued incompliance with such ordinance is sufficient

under this section.

4) Any health certificate required by thissection shall be revoked by the Health Divi- sion at any time that the holder thereof isfound, upon physical examination of such

holder, to be afflicted with any communicableor infectious disease. Refusal of any personemployed in such locker plant to submit to

proper and reasonable physical examination,

upon written demand by the Health Divisionor the department, is cause for revocation of

the employe's health certificate and also issufficient reason for revocation of the locker

plant's license unless the employe immediate-

ly is removed from any work or operation in orabout such locker plant involving the handling of food. [ Amended by 1973 c.829 §561

628280 Inspection of plants; mainte-

nance in sanitary condition. The department shall cause a thorough inspection of

every plant or establishment licensed underORS 628.220 to 628.240 to be made periodical-

ly, to determine whether or not the premisesand equipment used in connection therewith

are constructed, maintained and operated in

accordance with the requirements of ORS628.210 to 628.380 and with the rules andregulations of the department thereunder

promulgated. Such locker plants shall be

maintained in a clean, healthful and sanitarycondition at all times.

healthful and sanitary condition, a washroomwith hot and cold running water.

2) Each refrigerated room with a temper-

ature below 30 degrees Fahrenheit, if used bythe public or accessible to locker renters, shall

be equipped with safety light or lights burning continuously during all times when theplant is open and so located as to assure easyexit from the refrigerated room. Switches for

safety lights shall be so located or installedthat the public cannot regulate their "on" and

off" positions.

3) Each refrigerated room with a temper-

ature below 12 degrees Fahrenheit, if used bythe public or accessible to locker renters, shall

be equipped with a distress signal, plainlymarked as such for use by patrons. The distress signal alarm may be located at a placeoutside the locker plant. The refrigerated

room shall be accessible to the public only atsuch times as an attendant is within hearingdistance of the distress signal alarm. The

distress signal when activated shall perform

continuously until arrested by a second operation. The distress signal shall produce a dis-

tinctive sound capable of being heard anddistinguished by an attendant from any othersignal. The operator of the locker room or his

employe shall test the distress signal on each

day on which the public has access to therefrigerated room.

4) Subsection ( 3) of this section does not

apply if an operating extension telephone, plainly marked for use by patrons as a distress signal, is located inside the refrigerated

room at a convenient height not to exceed four

feet above floor level.

5) All refrigerator doors shall be so constructed as to be opened from either the inside

or outside of any room or compartment towhich they give access, and shall be so maintained as to assure that such doors will open

freely at all times.

6) All machinery or other devices dangerous to the public shall be adequately coveredand guarded to protect locker room tenants

against injury. [Amended by 1955 c. 174 §21

628.300 Maintaining uniform temperatures; records. (1) The refrigeration system

of a refrigerated locker plant shall be equipped with accurate controls for the mainte-

1018

SUPERSEDED


nance of uniform temperatures as required in

this section in the various refrigerated rooms

of such plant and shall be of adequate capaci-

ty to provide under extreme conditions ofoutside temperatures and under peak load

conditions in the normal operation of such

plant, the following temperatures in the following rooms respectively:

a) Chill room temperature shall be withinfour degrees Fahrenheit plus or minus of 36

degrees above zero Fahrenheit, with a tolerance of 10 degrees Fahrenheit for 24 hoursafter fresh food is put in such room for chill -

ing-

b) In all locker plants operating on July5, 1947, the locker room temperature shall not

exceed 12 degrees Fahrenheit plus. In alllocker plants, the construction of which is

begun after July 5, 1947, the locker roomtemperature shall not exceed five degreesFahrenheit plus.

2) The temperatures required by subsection ( 1) of this section shall not be construed

as prohibiting variations therefrom due todefrosting, power failure or any emergencybreakdown.

3) An accurate direct reading thermome- ter shall be maintained in the chill room. Anaccurate self- registering or self- recordingthermometer shall be maintained in each

locker room or in each series of rooms through

which the same air circulates. The discs or

other temperature records made by such instruments shall be signed by the person incharge of the plant and shall be preserved at

such plant for at least one year from the dateof recording. Such temperature- recordingequipment and the recordings thereby made, are subject to inspection and testing by thedepartment to determine their accuracy.

628.310 Use of nontoxic marking. Inapplying marks directly to meat or other foodproducts, the operator of a refrigerated locker

room shall use only nontoxic ink or otherharmless substance.

628.320 Inspection of food; storage

outside lockers. The operator or person in

charge of a refrigerated locker room shall

have the right to inspect all food or any itembefore it is placed in any locker. Nothing shallbe stored outside of the lockers in a locker

room without being labeled and wrapped orotherwise properly covered.

628.990

628.330 Fresh meats, identification

and chilling. All fresh carcass meats on com- ing into custody or possession of the operatoror owner of a refrigerated locker plant shall

be identified with suitable tag or stamp andshall be placed in the chill room, unless previ-

ously chilled, for at least 24 hours beforeremoval to the cutting room.

628.340 Fish and wild game. All fish

shall be so handled, placed and stored as to

protect other stored foods and the plant equipment from fish flavors and fish odors. Fish

and wild game shall be stored and handled

only in conformity with fish and game laws ofthis state and regulations thereunder promul-

gated. Owners, operators or persons in charge

of refrigerated locker plants shall not be held

responsible for liable for violations of suchlaws and regulations by locker tenants.

628.350' Rules and regulations. The

department may make and enforce reasonablerules and regulations to carry out the provisions of ORS 628.210 to 628.380.

628.360 Owners and operators of

locker plants not warehousemen. Personswho own or operate refrigerated locker plants

shall not be (deemed to be warehousemen, nor

shall receipts or other instruments issued bysuch persons in the ordinary conduct of theirbusiness be I deemed to be negotiable warehouse receipts.

628.370 I Jurisdiction and prosecutionOf violations of ORS 628.210 to 628.380.

Justices courts and district courts shall haveconcurrent jurisdiction with the circuit court

of all prosecutions arising under ORS 628.210to 628.380. The district attorney may instituteprosecutions for violations of ORS 628.210 to628.380 by information, or the prosecutionsmay be instituted by indictment or complaintverified before any magistrate.

628.380 Disposition of fines for viola-

tion of ORS 628.210 to 628.380. In all prose-

cutions under ORS 628.210 to 628.380 and628.990, the fines collected shall be transmit-

ted by the officer collecting them to the StateTreasurer, who shall credit them to the De-

partment of Agriculture Service Fund. Such

fines shall be used for the purposes described

in ORS 628.240. [Amended by 1979 c.499 § 271

628.990 Penalties. Violation of ORS

628.210 to 628.380 is punishable, upon convic-

tion, by a fine of not less than $10 nor morethan $1, 000 or by imprisonment in the county

1019

SUPERSEDED


jail for not more than one year, or both.

Amended by 1953 c. 114 §21

1020

SUPERSEDED



Pursuant to ORS 173 170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter are




1021

SUPERSEDED


1022

SUPERSEDED

CHAPTER

RESERVED

FOR

EXPANSIONSUPERSEDED

Chapter 632


Grades, Standards and Labels for Agricultural

and Horticultural Products

REGISTRATION OF BRAND FOR, AND USE OF,

CONTAINERS, EQUIPMENT AND SUPPLIES

632. 275 Filing trademark for containers, equipment and supplies for fruit and vegetables

632. 280 Unlawful use of, or traffic in, name ormark as presumptive evidence

632. 285 Security for return not a sale632. 290 Acquiring of marked containers, supplies

and equipment

ONIONS


632.211 Establishment of grades and standards;

632.316

grading and inspection fee632.216 Certificate of grade required before sale or

632. 321

transportation of onions; exceptions

632.221 Only one inspection of each load or lot632.226 Labeling632.231 Sale of unlabeled onions

632.236 Transportation of unlabeled onions

632.241 Transportation permits

632.246 Seizing unlawful onions632.251 Access to premises or vehicle for inspec-

display prohibitedtion purposes

632.260 Defendant in prosecution to plead any

Labeling fruit or vegetables as Oregonexemption

REGISTRATION OF BRAND FOR, AND USE OF,

CONTAINERS, EQUIPMENT AND SUPPLIES

632. 275 Filing trademark for containers, equipment and supplies for fruit and vegeta-

bles

632. 280 Unlawful use of, or traffic in, name ormark as presumptive evidence

632. 285 Security for return not a sale632. 290 Acquiring of marked containers, supplies

and equipment

PACIONG AND LABELING OF HORTICULTURAL

POTATOES

632.306 Definitions for ORS 632306 to 632.361

632.311 Establishment of standard grades

632.316 Prohibition against advertising potatoes

ucts

for sale without stating grade632. 321 Labeling

632.326 Exemptions from labeling632.331 Permit authorizing transportation of

632.425

unlabeled potatoes

632.336 Grade inspection by department632.341 Exemption from grade inspection

632.346 Seizing unlawful potatoes632.351 Access to premises or vehicle for inspec-

display prohibited

tion purposes

632.361 Administration and enforcement


PRUNES


632.410 Establishing official grades and standards632.415 Application of factors to be considered;

ucts

change of grade

632.420 Sample kept of purchases according to

packing requirements

grade; determination of dispute as to

Used packages or containers

grade

632.425 Fees for inspecting and grading632.430 Enforcement; inspection or grading certifi-

Possession of unlabeled, falsely labeled or

cate as evidence

632.440 Injunction


WALNUTS AND FILBERTS

PRODUCTS


632.455 Labeling container of horticultural prod-

Grades and standards established by

ucts

632.460 Establishment of grades, branding and

superseded

packing requirements

632.465 Used packages or containers

632.470 False representations as to raising, pro-

Containers

duction or packing632.475 Possession of unlabeled, falsely labeled or

tion and fees

deceptively packed products632.480 Shipment or sale of deceptive pack, load or

for inspection

display prohibited632.485 Enforcement; entry and inspection; seizure632.490 Labeling fruit or vegetables as Oregon

Jurisdiction

grown or packed

1023

WALNUTS AND FILBERTS


632.516 Establishment of grades and standards

632.521 Grades and standards established by

632. 730

repealed statute; continued in effect until

632. 741

superseded

632.585 Necessity of conformity to standards632.590 Labeling632.595 Containers

632.600 Inspection districts; inspection, reinspec-

632. 761

tion and fees

632.610 Duty to notify department of availabilityfor inspection

632.615 Enforcement; inspection certificate as

632. 811

evidence

632.620 Jurisdiction

632.625 Violation of walnut and filbert law prohibited

1023

EGGS


632.715 Egg handler's license632.720 Fees

632. 730 Commercial egg breaker's permit; fee632. 741 Additional fee; method of payment; excep-

tions

632.745 When invoices required; exception; availa-

bility for inspection632.756 Maintenance of facilities and equipment;

632. 761

standards

Authority of department632.771 Information on container label; sale from

bulk display; advertising632.786 Prohibited acts

632. 811 Rules; considerations in promulgatingrules

632.815 Disposition of fees

1023

SUPERSEDED


GRADES AND STANDARDS FOR, INSPECTION

AND CLASSIFICATION OF, AGRICULTURAL

PRODUCTS

632.900 Horticultural and agricultural products"

defined

632.905 Department of Agriculture to fix grades

632. 955

and standards for agricultural productsand containers

632.910 Factors to be considered in establishinggrades and standards

632.915 Consideration of commercial or other use;

632. 965

change of grades, standards or classifi-

cations

632.920 Compliance with Administrative Proce- dures Act

632.935 Adoption of United States standards;

632. 975

cooperation with United States

632.940 Inspection and classification of agricultur-

632. 980

al and horticultural products by department

632.945 Procedure for department inspection andclassification; collection of costs

CROSS

Administrative procedures and rules of state agencies, 183.310 to 183 500

Fees for inspecting, grading and weighing onions andpotatoes in warehouse, 586.580

Fish and shellfish, marketing names, 506.800Product test reports, publication and distribution by State

Department of Agriculture, 561. 315

Use of fees from certain commodity regulations, 561. 145Seizure and disposal of unlawful products, regulations

governing, 561. 605 to 561 630Weights and measures generally, Ch. 618

632.246

Seizure and disposal of unlawful products, regulations

governing, 561 605 to 561. 630

632.275 to 632.290

Dairy products and substitutes, brands, Ch. 621Fryers, labeling, 619.350 to 619 380Prohibitions against altering or removing seal, sign,

stamp or similar object used by department, againstselling products from used containers bearing suchmarkings and against reusing, imitating or counterfeiting markings used by department, 561. 220, 561.230

Trademarks, Ch. 647

Unfair and deceptive trade practices generally, Ch. 646

632.336Exemption from grade inspection, 632.341

632.950 Termination of department inspection

activities by grower vote; election procedure; costs

632. 955 Investigation of complaint of purchaser'smisrepresentation of product; inspectionand classification of products received

by purchaser632.960 Appeal to department for classification

632. 965 Certificate of grade, classification, qualityor condition as prima facie evidence

632.970 Misrepresentation of grades and standardsfor agricultural products; improper use

of insignia indicating grade632. 975 Use of containers not conforming to stan-

dard

632. 980 Improper grading and incorrect certificates prohibited

632.985 Submitting hay, grain or potatoes to inspection

PENALTIES

632.990 Penalties

632.465

Prohibitions against altering or removing seal, sign, stamp or similar object used by department, againstselling products from used containers bearing suchmarkings and against reusing, imitating or counterfeiting markings used by department, 561. 220, 561. 230

632.815

Expenditures without allotment prohibited in certain

cases, 291.238

632.900 to 632.985

Establishment of standards for commodities received atpublic warehouses, 586.530

Grading, weighing and inspecting grain and other commodities, 586.570 to 586.680

Labeling requirements for meat and meat products, 619.066

Prohibitions against altering or removing seal, sign, stamp or similar object used by department, againstselling products from used contaioers bearing suchmarkings and against reusing, imitating or counterfeiting markings used by department, 561. 220, 561. 230

632.985

Grain and hay, inspection, 586.570 to 586.680632.346

Seizure and disposal of unlawful products, regulations 632.990

governing, 561 605 to 561 630 Jurisdiction over prosecutions, 561 290

1024

SUPERSEDED

AGRICULTURAL AND HORTICULTURAL PRODUCTS 632.216

632.005 [ Amended by 1959 c.633 § 2; 1961 c.655 § l; meet the standard of any grade established byrepealed by 1965 c.582 § 241 the department under ORS 632.211.

632.007 [ 1961 c.655 § 6; 1965 c.582 § 21; renumbered ( 2) " Department" means the State Depart - 632. 7101


632.010 [Repealed by 1965 c.582 §241 . 3) " Sell" includes offer, consign or expose

632.015 [ Amended by 1959 c.633 § 3; repealed by for sale. 1965 c.582 §241


632.025 [Repealed by 1965 c.582 §241

632.030 [Repealed by 1965 c.582 §241

632.035 [ Amended by 1959 c.633 § 5; 1961 c 655 § 3; repealed by 1965 x582 §241

632.040 [Renumbered 632 7301



632.055 [Repealed by 1965 c.582 §241

632.060 [Renumbered 632.7551

632.065 [Repealed by 1965 c.582 §241

632.067 [ 1959 c.633 § 9; 1961 c.655 § 4; repealed by1965 c.582 §241

632.070 [Repealed by 1965 c.582 §241

632.075 [Repealed by 1965 c.582 §241

632.080 [Repealed by 1965 c 582 § 241

632.085 [Renumbered 632. 7501

632.090 [ Amended by 1955 c.91 § 1; 1959 c.633 § 7; repealed by 1965 c 582 §241

632.092 [ 1959 c.633 §8; repealed by 1965 c.582 §241

632.095 [Repealed by 1965 x582 §241

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

632.760]

632.098 [ 1961 c.655 §8; repealed by 1965 c.582 § 241

632.100 [ Subsection ( 2) of 1961 Replacement Part

enacted as 1961 c.655 §9; repealed by 1965 c 582 §241

632. 105 [Repealed by 1965 c.582 §241

632. 110 [Renumbered 632.8151

632. 115 [Repealed by 1965 c.582 §241

632. 120 [Repealed by 1965 c. 582 §241

632. 125 [Repealed by 1965 c.582 §241

ONIONS

632.205 [Repealed by 1955 c.363 § 161


632.260. As used in ORS 632.211 to 632.260:

1) " Culls" means onions which fail to

4) " Transport" includes load or deliver.

5) " Unlabeled onions" means any onionsnot labeled as required by ORS 632.226. [ 1955

c.363 § 1]

632.210 [Repealed by 1955 c 363 § 161

632.211 Establishment of grades and

standards; grading and inspection fee. ( 1)

The department shall, in accordance with the

applicable provisions of ORS 632.900 to

632.935, establish grades and standards foronions which shall conform, in so far as prac-

ticable, to the official grades and standards

prescribed by the United States Departmentof Agriculture.

2) The grades and standards adopted bythe department under ORS 632.205, 632.210,

632.215, 632.220, 632.225, 632.230, 632.235,

632.240, 632.245 and 632.250 shall continue

in force and effect and be applicable until

superseded, changed or repealed by standardsand grades adopted by the department undersubsection ( 1) of this section.

3) The department may fix and collect afee for grading and inspecting of onions inaccordance with ORS 632.940. [ 1955 c.363 § 81

632.215 [Repealed by 1955 c.363 § 161

632.216 Certificate of grade required

before sale or transportation of onions;

exceptions. (1) No person shall sell or trans-

port onions without first obtaining a certificate of grade pursuant to ORS 632.940 to

632.965, unless the onions are:

a) Sold or transported in quantities of less

than one ton.

b) Graded and inspected onions which

have been reconditioned or re- sorted.

c) Culls labeled as such and other onions

which are exempted from labeling by ORS632.231 and 632.236.

2) For the purposes of subsection ( 1) of

this section, if the container of onions is la-

beled in accordance with ORS 632.226, a cer-

tificate of grade of the United States Depart-

ment of Agriculture or a shipping point inspection service recognized by the UnitedStates Department of Agriculture may be

1025

SUPERSEDED


accepted in lieu of a certificate issued under

ORS 632.965. [ 1955 c 363 § 21

632.220 [ Repealed by 1955 c.363 § 161

632.221 Only one inspection of eachload or lot. No more than one inspection

under ORS 632.216 is required for any load orlot of onions, regardless of the fact that, afterinspection, the load or lot inspected loses its

specific identity because of division of, oraddition of other inspected onions of the same

grade to, the load or lot inspected, or because

of reconditioning or re- sorting. [1955 c.363 § 31

632.225 [ Repealed by 1955 c.363 § 161

632.226 Labeling. Except as otherwiseprovided in ORS 632.231 and 632.236, noperson shall sell or transport onions, unless

their container is labeled with:

1) The name and address or brand name

of the grower or packer.

2) The net weight of its contents.

3) The word " culls" in bold -face lettersnot less than two inches high if the onions in

the container fail to meet the standards of anygrade established for onions by the department. [ 1955 c.363 §41

632.230 [Repealed by 1955 c.363 § 161

632.231 Sale of unlabeled onions.

Unlabeled onions may be sold: 1) By the grower at the field where

grown.

2) To a processing plant. 3) At retail to consumers if the onions are

displayed in open containers or bins and theonions were labeled and inspected for grade as

required by ORS 632.216 to 632.226, at orprior to the time of purchase by the retailer.

4) To a livestock feeder for feeding purposes. [ 1955 c.363 § 51

632.235 [ Repealed by 1955 c.363 § 161

632.236 Transportation of unlabeledonions. ( 1) Unlabeled onions may be transported for a distance of less than 50 miles on a

sale or delivery to:

a) A warehouse or other facility for grading or storage.

b) A livestock feeder for feeding purposes. 2) Upon written permit of the department

issued under ORS 632.241, unlabeled onions

may be transported:

a) To a processing plant.

b) For distances of 50 miles or more to a

livestock feeder for feeding purposes, or to awarehouse or other facility for grading orstorage. [ 1955 c.363 § 61

632.240 [Repealed by 1955 c 363 § 161

632.241 Transportation permits. ( 1)

Permits for transportation under subsection

2) of ORS 632.236 shall be issued by thedepartment to any person upon request madeprior to the date of transportation.

2) Two copies of the permit shall be is-

sued by the department. One copy shall beretained by the consignor. The second copyshall accompany the shipment at all times tobe delivered to the consignee at the point ofdestination of the shipment. The department

may issue and deliver additional copies of thepermit on request as they are needed. Permitsshall be retained by both the consignor andthe consignee for one year from the date ofissuance. Permits shall be presented to the

department or its duly authorized representatives for inspection upon request.

3) The department may collect from theperson making the request for the permit afee on a uniform basis in an amount reason-

ably necessary to defray the administrativecosts of the department in issuing permitsunder this section, but not exceeding $ 2 for

any permit. [ 1955 c.363 § 71

632.245 [Repealed by 1955 c.363 § 161

632.246 Seizing unlawful onions. Thedepartment may seize or detain any onionssold or transported in violation of any provision of ORS 632.216 or 632.226. [ 1955 c 363 § 91

632.250 [Repealed by 1955 c.363 §161

632.251 Access to premises or vehicle

for inspection purposes. The department or

any of its duly authorized representativesshall have free access at any reasonable hoursto any place or premises where onions arestored, processed or sold, and may stop or

enter any vehicle or means of conveyance usedto transport onions for the purpose of inspec-

tion or to determine whether any provisions ofORS 632.206 to 632.260 have been violated.

1955 c.363 §101

632.255 [ 1955 c.363 § 11; repealed by 1965 c 276 § 21

632.260 Defendant in prosecution to

plead any exemption. In any criminal proceeding brought for violation of any of theprovisions of ORS 632.216 or 632.226, exemp-

1026

SUPERSEDED


tion of the party accused from the requirements of ORS 632.216 or 632.226 shall be

pleaded and alleged by the defendant as amatter of defense upon a plea of not guilty. 1955 c.363 § 121

REGISTRATION OF BRAND

FOR, AND USE OF,

CONTAINERS, EQUIPMENT

AND SUPPLIES

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

vegetables. Any persons, firms, corporationsor associations engaged in producing, packing, canning tree fruits, vegetables and small

fruits who furnish or provide lug boxes orcontainers for any grower or other person, firm or corporation with his or its trade -mark

as defined by ORS 647.005, impressed orproduced thereon, or whose equipment or

supplies, owned by and used in his or its business, bears a trade -mark impressed or pro-

duced thereon, and any corporations and associations whose members are so engaged and

use such containers or have such equipment or

supplies may file such trade -mark with theCorporation Commissioner as provided in ORS

chapter 647. [Formerly 616.6051

632.280 Unlawful use of, or traffic in,

name or mark as presumptive evidence.

Each of the following is presumptive evidenceof unlawful use of or traffic in the containers,

supplies or equipment described in ORS632.275 if the description of the name, mark

or device has been filed and published asprovided in ORS 632.275:

1) The use, without the consent provided

for in ORS 632.290, of such container, supplies or equipment by any person other than:

a) The person, firm, corporation or association whose name, mark or device is upon the

container, supplies or equipment; and

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

2) The having by any junk dealer, or anydealer in secondhand articles, of possession of

any such containers, supplies or equipment.

Formerly 616.6101

632.285 Security for return not a sale. If the owner of containers marked or branded

pursuant to ORS 632.275, or of equipment or

supplies used in the business so marked or

otherwise impressed, or others lawfully entitled to use the containers, equipment or sup-

plies, requires the taking or accepting of money as a deposit for security for the safekeepingand return of the articles, it shall not consti-

tute a sale of such property, either optional orotherwise, in any proceedings under ORS632.275 to 632.290. [Formerly 616.6153

632.290 Acquiring of marked containers, supplies and equipment. Any person, firm, corporation or association, or any member of such corporation or association acquir-

ing containers, supplies or equipment markedpursuant to ORS 632.275, by purchase orother lawful means, and having written consent, shall not be required to again file andpublish the description, but shall as to the

containers, supplies and equipment, describe

any such written consent acquired as a part ofthe purchase and shall have all such benefits

as the vendor has under ORS 632.275 to

632.290. [Formerly 616.6201

POTATOES

Note: 1955 c. 711 § 1 repealed 632.305, 632.310,

632.315, 632.320, 632.325, 632 330, 632.335, 632.340,

632. 345, 632.350, 632.355 and 632.360 and enacted in lieu

thereof 632 306, 632.311, 632.316, 632.321, 632.326,

632.331, 632.336, 632.341, 632.346, 632.351, 632.356 and

632361.

632.305 [Repealed by 1955 c 711 § 11


632.361. ( 1) As used in ORS 632.306 to

632.361, " department" means the State De- partment of Agriculture of the State of

Oregon.


632.361 regarding the sale of potatoes includethe exposure, offer, possession, holding andconsignment of potatoes for sale, but the act of

selling potatoes by a grower at his field orplace of storage shall not become unlawfuluntil such time as transportation takes place.

The provisions of ORS 632.306 to 632.361

regarding the transportation of potatoes include the hauling and shipment of potatoes. 1955 c.711 § §2, 5; 1957 c.96 § 1]

632.310 [Repealed by 1955 c. 711 § 11

632.311 Establishment of standard

grades. The department hereby is directed toestablish standard grades for potatoes for the

State of Oregon. The official grades shall

conform, as far as practicable, to the official

grades of the United States as prescribed and

promulgated by the United States Departmentof Agriculture. The grades may be changedfrom time to time as may be necessary. The

1027

SUPERSEDED


provisions of ORS 632.910 to 632.930 shall

apply to the establishment of grades for potatoes under the provisions of ORS 632.306 to

632.361. [ 1955 c. 711 § 41

632.315 [Repealed by 1955 c. 711 § 11

632.316 Prohibition against advertis-

ing potatoes for sale without statinggrade. No person shall advertise potatoes for

sale without stating the grade of such potatoes. [ 1955 c 711 § 131

632.320 [ Repealed by 1955 x711 §11

632.321 Labeling. No person shall sellor transport potatoes, or offer or submit pota-

toes for transportation, unless each bag, box, carton or other container is labeled with:

1) The applicable Oregon grade or United

States grade, as promulgated by the department for use in Oregon, of potatoes in the

container; provided, however, if the potatoes

fail to comply with any such grade their container shall be labeled with the word "culls" in

bold face letters not less than two inches high.

2) The name and address or the regis-

tered brand name of the grower or packer,

providing such brand name is registered withthe Secretary of State or the United StatesGovernment and is filed with the department.

3) The name of the variety if the potatoesare not certified and are sold for seed.

4) The net weight of the contents of thecontainer. [ 1955 c.711 § 6; 1957 c.96 §21

632.325 [Repealed by 1955 c 711 § 11

632.326 Exemptions from labeling. ORS 632.321 shall not apply to:

1) Potatoes which have been certified for

seed as provided in ORS 633.620 and to which

is attached an official certification tag.

2) The casual sale by a grower of potatoesin quantities of 500 pounds or less, when such

sales are made at the grower's field wheregrown or place where stored, to a consumer;

and the transportation of such potatoes by theconsumer to his residence for use in his own

private household.

6) The sale at retail of grade labeled

potatoes when such potatoes are repacked into

open containers or sold from bulk displays, ifsuch potatoes are otherwise in compliancewith the provisions of ORS 632.306 to632.361.

7) The sale or transportation of potatoes

from the grower's place of storage to a ware-

house or other storage facility for the purposeof grading. [ 1955 c.711 § 7; 1957 c.96 § 31

632.330 [ Repealed by 1955 c 711 § 11

632.331 Permit authorizing transportation of unlabeled potatoes. ( 1) The de-

partment shall by written permit authorizepotatoes to be transported without being labeled as required by ORS 632.321:

a) To a processing plant, when such

transportation is for a distance of 50 miles ormore.

b) To a livestock feeder for feeding purposes, when such transportation is for a distance of 50 miles or more.

c) From the field where grown or fromthe place where stored to a warehouse or other

facilities for storage or grading, when thetransportation is for a distance of 50 miles or

more.

2) A person wishing to transport potatoesto any of the places or for any of the purposesmentioned in this section under permit shall

make a request therefor prior to any transportation. Two copies of the permit shall be is-

sued by the department to the person requesting it. One copy of the permit shall be retained by the consignor, and the second copyshall accompany the shipment at all times andbe delivered to the consignee at the destina-

tion of the shipment. The department mayissue and deliver additional copies of the

permits as they may be needed. The permitsshall be held by the consignor and the consignee for one year from the date of issuanceand shall be presented to the department forinspection at its request.

3) No person shall transport potatoes to

any of the places named in subsection ( 1) of3) The transportation of potatoes from this section without first obtaining a permit

the field where grown to a pit or warehouse therefor.

for storage or grading.

4) The sale and transportation of potatoes

to a processing plant.

5) The sale of potatoes to a livestock

feeder and the transportation of potatoes to a

livestock feeder for feeding purposes.

4) The department is authorized to collect

a fee for the issuance of permits required bythis section in an amount calculated by it tocover the expense of issuance of the permit,

but such fee shall not exceed $ 2 for each permit. [ 1955 c 711 § 8; 1957 c 96 § 41

1028

SUPERSEDED


632.335 [Repealed by 1955 c. 711 § 11

632.336 Grade inspection by department. ( 1) No person shall sell or transport

potatoes which have been labeled as required

by ORS 632.321, or which are subject to thelabeling provisions of that section, withoutfirst obtaining a grade inspection from thedepartment as provided in ORS 632.940, in-

cluding the payment of fees for such inspection. Such inspection shall be evidenced by acertificate as provided in ORS 632.965.

2) The department may prescribe andapprove exemptions from the requirements ofthe provisions of subsection ( 1) of this section,

if:

a) A person directly transports potatoesduring regular hours of inspection to thenearest department inspection point.

b) A person who desires to move or transport potatoes to a place or destination other

than that provided for in paragraph (a) of thissubsection, at least 24 hours in advance ofsuch movement or transportation, notifies the

department and thereafter directly moves ortransports the potatoes to a place or destina-

tion approved by the department.

c) The person authorized by the department to move or transport potatoes, as provid-

ed in paragraph (b) of this section, upon deliv-

ery to the approved place or destination notifies such receiver or purchaser that the potatoes are to be held for department inspection.

It shall be unlawful for such receiver or purchaser to sell or transport the potatoes until

an inspection has been made by the department.

3) The department may refuse to permitfurther exemptions from the provisions of

subsection ( 1) of this section if any person, asauthorized by paragraph ( a) or ( b) of subsection (2) of this section, fails or refuses to fol-

low or to comply with the directions or orderof the department, the provisions of this subsection, or rules and regulations promulgated

thereunder. [ 1955 c.711 § 9; 1957 c.96 § 5]

632.340 [Repealed by 1955 c 711 § 11

632.341 Exemption from grade in-

spection. (1) ORS 632.336 shall not apply to:

a) Potatoes which are sold or transportedin loads or quantities of less than one ton

providing each bag, box, carton or other container of such potatoes are labeled as required

by ORS 632.321.

b) Inspected and graded potatoes whichhave been reconditioned or re- sorted.

c) Potatoes which have been inspected byanother state or the United States for grades

comparable to those established by ORS632.306 to 632.361.

2) No more than one inspection shall berequired pursuant to ORS 632.306 to 632.361

for any load or lot of potatoes subject to inspection, notwithstanding that after suchinspection, the load or lot so inspected maylose its specific identity by reason of a divisionof the load or lot so inspected or addition to

such load or lot of other inspected potatoes of

the same grade, or by reason of reconditioningor re- sorting.

3) Any interested party may obtain areinspection of any load or lot of potatoes asprovided in ORS 632.960. [ 1955 c.711 § 101

632.345 [Repealed by 1955 c.711 § 11

632.346 Seizing unlawful potatoes.

The department may seize, embargo or detainany load or lot of potatoes, or any portionthereof, if such potatoes are being sold ortransported in violation of ORS 632.306 to

632.361. [ 1955 c.711 § 111

632.350 [Repealed by 1955 c.711 § 11

632.351 Access to premises or vehicle

for inspection purposes. The department or

its duly authorized representatives shall havefree access at all reasonable hours to anyplace or premises in which potatoes are stored,

processed or sold or to stop or enter any vehicle being used to transport potatoes for thepurpose of inspecting such place, premise orvehicle to determine if the provisions of ORS

632.306 to 632.361 are being violated. [ 1955

c. 711 § 121

632.355 [Repealed by 1955 c.711 § 11

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

632.360 [Repealed by 1955 c. 711 § 11

632.361 Administration and enforce-

ment. The administration and enforcement of

ORS 632.306 to 632.361 is vested in the department. [1955 c. 711 § 3]

PRUNES


department" means the State Department of

Agriculture.

1029

SUPERSEDED


632.410 Establishing official gradesand standards. (1) The department shall fix, establish and promulgate, after investigation

and public hearing, official grades and standards for grading and classifying driedprunes.

2) In establishing such grades and standards the department shall take into account

and base them upon the following factors: a) Flavor, texture, size, appearance and

moisture content.

b) Freedom from disease.

c) Freedom from or extent of damage ordeterioration.

d) Absence of foreign material, dirt, in-

sect infestation or scorch.

e) Extent of carmelization.

f) Method of packing or packaging.

g) Such other factors as may be indicativeof or which may affect quality or condition

and value or suitability for human consumption or for the commercial or other uses to

which that product normally is put. 3) In addition, the department shall take

into account any grades, standards or classifications for dried prunes established by theUnited States Department of Agriculture, and

also applicable state and federal food and druglaws. ORS 632.900 to 632.935 relating togrades and standards shall apply to ORS632.405 to 632.440.

632.415 Application of factors to be

considered; change of grade. (1) The factors

to be considered in establishing any grades orstandards for dried prunes, as provided byORS 632.410, shall be applied in accordancewith the extent to which and manner in which

they relate to the quality, quantity and condition of that product and the value or suitabili-

ty of it for human consumption or for thecommercial or other uses to which it is nor-

mally put.

2) Any such grades, standards or classifications established under ORS 632.405 to

632.440 may, from time to time, be changedby the department in order:

a) To conform them more nearly to therequirements or interests of consumers or to

commercial or trade requirements, practices

or methods.

b) To meet changed conditions.

c) To comply with new and improvedmethods of handling, processing, packing,

transporting, marketing or using dried

prunes.

d) To apply or make effective any newand improved method of test, analysis or

examination of the quality or condition of thatproduct or the value or suitability of it asstated in this section.

632.420 Sample kept of purchases

according to grade; determination of dispute as to grade. ( 1) Any person who purchases in commercial quantity any driedprunes which are to be further processed

before being sold or offered for sale for humanconsumption, the price or consideration for

such being dependent upon the quality orquantity determined according to the numberof dried prunes to the pound, shall keep for aperiod of not less than 30 days, convenientlyavailable to checking by the person fromwhom those dried prunes were purchased, the

exact sample used in so determining theirquality or quantity.

2) In the event of dispute as to the accu-

racy of that determination of quality or quantity, the department, upon the request of

either party to that sale and payment of therequired fee, shall examine the sample. The

determination by the department on the basisof such examination of the quality or quantityof those dried prunes shall be binding uponboth parties.

632.425 Fees for inspecting and grading. The department shall fix, assess andcollect fees for all inspections or grading ofdried prunes made pursuant to ORS 632.405

to 632.440, on a uniform basis, in a reasonableamount, which the department shall deter-

mine to be sufficient to cover the cost of such

inspection and grading.

632.430 Enforcement; inspection or

grading certificate as evidence. ( 1) The

department shall administer and enforce the

provisions of ORS 632.405 to 632.440. It mayemploy such inspectors and deputies and entersuch agreements with officers of the UnitedStates Department of Agriculture and make

such reasonable rules and regulations as may

be necessary to carry out such sections.

2) In any court proceeding any inspectionor grading certificate, issued pursuant to suchsections, is prima facie evidence of the factsstated in it.

1030

632.435 [ Repealed by 1965 c.276 §21

SUPERSEDED


632.440 Injunction. Any circuit cohas jurisdiction to restrain any violationthreatened violation of ORS 632.405

632.435, upon suit by the Attorney General.

PACKING AND LABELING OF

HORTICULTURAL PRODUCTS

urt to transportation from the owner's fields to a

or warehouse for storage or grading and packing, to or to processing plants. [Formerly 616.5101

632.450 Definitions for ORS 632.450 to632.485. As used in ORS 632.450 to 632.485:

1) " Horticultural products"

horticultural products exceptingare canned, bottled, frozen, dried, brined.

2) " Container" means the box,

chest, basket, carton, barrel, keg, hamper, bag, bin, tray, bucket or other receptacle, whether open or closed, used by anyperson in transporting horticultural products, or in which such products are offered for sale.

3) " Stamp," " mark" or " label plainly" means placing the information required byORS 632.450 to 632.485 on the container in

legible letters or figures of not less than three - eighths inch in height and not less than three -

sixteenths inch in width, by means of a rubberstamp, stencil, printing by machine, or byattaching to the package by means of glue orpaste, a machine - printed label. Such marks,

and the location thereof, shall conform to the

rules and regulations established by the department when promulgating grades for horticultural products.

4) " Deceptive pack" means any arrangement of horticultural products which has in

the outer layer or any exposed surface horticultural products which are so superior in

quality, size, condition or in any other respectto those in the interior of the lot or the unex-

posed portion as to materially misrepresentthe contents of the lot. A deceptive pack also

means a container slackly filled so as to deceive the purchaser in regard to the total

contents, or a container which has had a por-

tion of the original contents removed and then

offered for sale as a full pack. [ Formerly 616.5051

632.460 Establishment of grades,

branding and packing requirements. ( 1)

The department may establish by rule, asprovided in ORS 183.310 to 183.500, grades

for horticultural products and branding andpacking requirements as are deemed necessary-

means all (2) Except as expressly provided in ORS

those that 632.450 to 632.485, all grades and require- candied or

ments relating to fruits and vegetables ineffect on June 14, 1941, shall so remain unless

crate, lug, changed under the authority conferred bydrum, sack, ORS 632.450 to 632.485.

632.455 Labeling container of horticultural products. No person shall sell, offer

for sale or transportation, or transport withinOregon, horticultural products unless eachcontainer or package of such products is plain-

ly and conspicuously labeled with the nameand post -office address of the grower, shipper

or dealer, and the net contents of the container or package in terms of weight, measure or

numerical count. This section does not apply

3) The use of grade standards authorized

to be established by this section is not manda- tory unless otherwise specifically provided bylaw. However, the deceptive use or misuse of

any grade standards is unlawful. [ Formerly

616.515; 1979 c.91 § 21

632.465 Used packages or containers.

It is unlawful to sell or offer for sale or to

transport or offer for transportation, horticul-

tural products in used packages or containers

unless such used packages or containers are

first cleaned of all foreign matter and sub-

stances and are in all respects sanitary, andunless all previous markings, brands, grademarkings, labels, trademarks, names and

addresses are entirely removed or so defacedas to destroy their legibility, or by turningsuch container or package inside out. This

section does not apply to transportation fromthe owner's fields to a warehouse for storage

or grading and packing, or to processingplants. [Formerly 616.5201

632.470 False representations as to

raising, production or packing. No person, by means of any false representation, eitherverbal, printed or written, shall represent or

pretend that horticultural products were

raised, produced or packed by any person, orin any locality other than by the person, andin the locality where the same were in factraised, produced or packed. [Formerly 616.5251

632.475 Possession of unlabeled,

falsely labeled or deceptively packedproducts. ( 1) No person shall have in his

possession for sale or transportation any horticultural products not labeled as required in

ORS 632.450 to 632.485, or falsely marked orlabeled, or deceptively packed contrary to theprovisions of ORS 632.450 to 632.485.

1031

SUPERSEDED


2) The possession for sale or transporta-

tion by such person of any such horticulturalproducts so falsely marked, labeled or packedis prima facie evidence that such person has

so falsely marked, labeled or packed suchhorticultural products.


632.485 do not apply to the transportation ofhorticultural products by common carrier, except when the common carrier is issued a

written notice by the department that the lotof horticultural products offered for shipments

has been seized by the department for notmeeting the requirements of ORS 632.450 to632.485 and the notice is accompanied with a

copy Of the seizure notice. [ Formerly 616 5301

632.480 Shipment or sale of deceptive

pack, load or display prohibited. No personshall prepare, deliver for shipment, ship, transport, offer for sale or sell a deceptivepack, or package, load, arrangement or dis-

play of horticultural products. [Formerly 616.5351

632.485 Enforcement; entry and inspection; seizure. ( 1) The director and all

authorized agents of the department shall

enforce ORS 632.450 to 632.485 and to that

end may enter any place or conveyance within

this state where any fruit, nuts or vegetablesare produced, stored, packed, delivered for

shipment, loaded, shipped, being transported, or sold, and inspect all such fruit, nuts orvegetables and the containers thereof and

take for inspection such representative sam-

ples of the fruit, nuts or vegetables and such

containers, as may be necessary, to determinewhether or not ORS 632.450 to 632.485 have

been violated.

2) Whenever a duly authorized representative of the department finds, or has probable

cause to believe, that any products aremarked, labeled or packed in violation of ORS

632.450 to 632.485, he shall seize the products

and proceed in the manner directed by law forthe disposal of products seized by the department. [ Formerly 616.5401

632.490 Labeling fruit or vegetablesas Oregon grown or packed. All persons

operating under their own private brand inOregon in the business of packing or canningfruit or vegetables, either fresh, canned,

evaporated or otherwise, shall plainly designate on such private brand that goods were

Oregon grown or packed in Oregon. For the

purpose of this section it is sufficient for the

firms whose headquarters are in Oregon to

either designate the local address of the can-

nery or to designate the location of their mainoffice in Oregon. This section does not apply tosales to wholesalers, packers or others for

reselling. [Formerly 616.5451

1.: Z[ oldB 1


632.625. As used in ORS 632.505 to 632.625, department" means the State Department of

Agriculture.

632.510 [ Repealed by 1955 c.239 §81

632.515 [Repealed by 1955 c 239 § 81

632.516 Establishment of grades and

standards. The department shall, in accord-

ance with the applicable provisions of ORS632.905 to 632.980, establish standards and

grades for walnuts and filberts by rules orregulations enacted pursuant to ORS 183.310

to 183. 500. The grades shall conform, as far aspracticable or applicable in this state, to the

official grades and standards prescribed bythe United States Department of Agriculture.

The grades may be changed from time to timeas may be necessary. [1955 c.239 §2; 1971 c. 734 § 281

632.520 [Repealed by 1955 c.239 §81

632.521 Grades and standards estab-

lished by repealed statute; continued ineffect until superseded. Notwithstandingthe powers and duties of the department un-

der ORS 632.516, the statutory standards andgrades in ORS 632.510, 632.515, 632.520,

632.525, 632.530, 632.535, 632.540, 632.545, 632.550, 632.555, 632.560, 632.565, 632.570, 632.575 and 632.580 prior to the repeal of

those sections by section 8, chapter 239,

Oregon Laws 1955, shall continue in force and

effect and be applicable as if adopted by thedepartment until superseded or repealed byrules and regulations adopted by the department under ORS 632.516. [ 1955 e. 239 § 31

1032

632.525 [Repealed by 1955 c.239 §81

632.530 [Repealed by 1955 c 239 § 81

632.535 [Repealed by 1955 c 239 §81

632.540 [Repealed by 1955 c.239 § 81

632.545 [ Repealed by 1955 c.239 §81

632.550 [Repealed by 1955 c.239 §81

632.555 [Repealed by 1955 c 239 §81

632.560 [Repealed by 1955 c 239 §81

632.565 [Repealed by 1955 c.239 §81

SUPERSEDED


632.570 [ Repealed by 1955 c 239 §81

632.575 [ Repealed by 1955 c.239 §81

632.580 [Repealed by 1955 c.239 §81

632.585 Necessity of conformity tostandards. All unshelled walnuts and un-

shelled filberts sold or offered for sale or shipment in this state shall conform to the stan-

dards established by the department for suchwalnuts and filberts. [Amended by 1955 c 239 §51

632.590 Labeling. All unshelled wal-

nuts and unshelled filberts sold, displayed or

offered for sale or shipment in this state, shall

have the containers, bins, display table orother bulk display labeled with a legible labelcontaining:

1) Name of the state in which such nutswere grown.

2) Grade or registered brand and size ofnuts in the container.

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

However, containers of five pounds or less

capacity and bins and bulk tables shall berequired to be labeled only with the name ofthe state where grown and the grade and size

of such nuts. Such labeling shall not be required when nuts are being sold at retail froma properly labeled container or bulk displayand packaged in the presence of the purchaser

for the immediate purpose of the sale.

632.595 Containers. All containers ofunshelled walnuts or unshelled filberts of the

two highest grades established by the department, sold or offered for sale or shipment in

this state, shall be uniform, new, sound and

clean and otherwise conform to the standards

approved by the department. Containers forlower grades shall be clean, fairly bright andsound. [Amended by 1955 c.239 §61

632.600 Inspection districts; inspec-

tion, reinspection and fees. ( 1) The depart-

ment may designate certain areas as inspection districts and certain cities as inspection

points, as necessary for the enforcement ofORS 632.505 to 632.625 and the rules andregulations of the department.

2) All unshelled walnuts and unshelledfilberts shipped out of or into or received insuch inspection districts or inspection pointsin lots of 250 pounds or more shall be inspect-

ed by the department in accordance with itsrules and regulations. However, no inspectionshall be required for such nuts in transit to a

processing plant. Not more than one inspection shall be made by the department for anycar or lot of unshelled walnuts, or unshelled

filberts unless the buyer or seller of the car orlot applies for reinspection and advances the

charges for it as provided by the department. Any shipper of unshelled walnuts or unshelledfilberts who feels that the grade established

on any lot of nuts by any inspector, agent orrepresentative of the department is not a true

grade of such lot of unshelled walnuts or

unshelled filberts may appeal to the department for a reinspection. However, the depart-

ment may inspect any lot of less than 250pounds, if at any time it deems it necessary.

3) The department may fix, assess andcollect or cause to be collected fees for all

inspections of unshelled walnuts and un-

shelled filberts, on a uniform basis, in an

amount determined to be reasonable and to

cover the cost of its inspections and the en-

forcement of ORS 632.505 to 632.625.

Amended by 1955 c.239 §71

632.605 [ Subsection ( 2) enacted as 1955 c.239 § 4;

repealed by 1965 c 276 § 21

632.610 Duty to notify department ofavailability for inspection. (1) Every operator or person in charge of any motor vehicletransporting on the streets or highways anyunshelled walnuts or unshelled filberts, of

which inspection is required by ORS 632.505to 632.625, out of, into or through any inspection district, or any city which has been declared an inspection point, shall give notice bymail or in person to the nearest office or in-

spector of the department that such nuts are

available for inspection as required by law.

2) Any person, receiving any shipment, load or lot of such nuts, which has not beeninspected, for the purpose of sale or storage insuch quantities and in such places as would

require inspection, shall give notice within 24

hours by mail or in person to the nearestoffice or inspector of the department that such

nuts have been received and are being held forinspection.

632.615 Enforcement; inspection

certificate as evidence. ( 1) The department

shall enforce the provisions of ORS 632.505 to

632.625, and may make rules and regulationsnecessary or convenient for such enforcement. It may employ such inspectors, agents andrepresentatives as it finds necessary and enterinto agreements with the United States De- partment of Agriculture, its authorized

agents, officers and representatives as it

1033

SUPERSEDED


deems necessary to carry out such sections, ( 8) " Department" means the State Depart -

not contrary to the laws of this state. ment of Agriculture.

2) Upon complaint, properly filed, thatunshelled walnuts or unshelled filberts areoffered for sale or shipment in violation of

ORS 632.505 to 632.625, the department shall

make the necessary investigation. If the complaint is found true, the department shall

report the facts to the district attorney of thecounty in which the violation occurred and thedistrict attorney shall prosecute such offender.

3) Certificates of inspection of unshelled

walnuts and unshelled filberts issued by thedepartment shall be prima facie evidence of

the facts contained therein.

632.620 Jurisdiction. Justices of the

peace and district courts have concurrentjurisdiction with the circuit court in all pro-

ceedings to enforce the provisions of ORS632.505 to 632.625.

632.625 Violation of walnut and filbert law prohibited. No person shall sell or

offer for sale or shipment any unshelled walnuts or unshelled filberts in violation of anyof the provisions of ORS 632.505 to 632.625,

or the rules or regulations established under

such sections.

EGGS


632.815. As used in ORS 632.705 to 632.815:

1) " Adulterated" has the same meaningas set forth in ORS 616.235.

2) " At retail" means a sale or transaction

between a retailer and a consumer.

3) ` Bulk sale" means the sale of eggs in

containers other than consumer containers.

4) " Candling" means the examination ofthe interior of eggs by the use of transmittedlight used in a partially dark room or place.

5) " Consumer" means any person who

purchases eggs at retail or any restaurant,

hotel, boarding house, bakery, or institutionor concern which purchases eggs for serving toguests or patrons thereof, or for its own use in

cooking or baking. 6) " Consumer container" means a con-

tainer in which eggs are packed for sale toconsumers.

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

9) " Egg handler" means any person whocontracts for or obtains possession or control

of any eggs for:

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

b) Processing and sale to another egghandler, a retailer or a consumer.

10) " Egg products" means the white, yolk, or any part of eggs, in liquid, frozen, dried, orany other form, used, intended or held for use, in the preparation of, or to be a part of ormixed with, food or food products, for human

consumption, excepting products which con-

tain eggs only in a relatively small proportionor historically have not been in the judgmentof the department considered by consumers asproducts of the egg industry.

11) " Eggs" or " shell eggs" means eggs in

the shell from chickens, turkeys, ducks, geese

or any other species of fowl. 12) " Federal Act" means the Federal Egg

Products Inspection Act, 21 U.S.C. 1031 et

seq., 84 Stat. 1620 et seq. 13) " Labeling" has the same meaning as

set forth in subsection (12) of ORS 616.205.

14) " Lot" means an identifiable and cer-

tain quantity, group or shipment of one gradeor size of eggs of a particular producer, egghandler or retailer. Such identification and

certainty may be determined by the department by container labeling of codes, numbersor dates, or invoices containing such data.

15) " Misbranded" has the same meaningas set forth in ORS 616.250.

16) " Pasteurize" means the subjecting ofeach particle of egg products to heat or othertreatments to destroy harmful viable microor- ganisms, by such processes as may be prescribed by the department.

17) " Processing" means manufacturing

egg products, including breaking eggs or fil- tering, mixing, blending, pasteurizing, stabi- lizing, cooling, freezing, drying, or packagingegg products.

18) " Retailer" means any person whosells eggs to a consumer.

19) " Sell" or "sale" means to sell, offer for

sale, expose for sale, or have in possession forsale. [ 1965 c 582 § 1, 1975 c 748 § 11

19]

1034

632.710 [ Formerly 632 007; repealed by 1975 c 748

SUPERSEDED


632.715 Egg handler's license. ( 1)

Unless he is the holder of a permit issuedunder ORS 632.730, no person shall sell or

distribute within this state any eggs to consumers or to retailers without having firstobtained an egg handler's license from thedepartment. The license shall not be required:

a) Of a producer selling and deliveringeggs of his own production direct to an individual consumer; or

showing of ability and intent to comply withthe sanitary requirement specified by ORS632.705 to 632.815, and payment to the de-

partment of an annual permit fee of $50. Suchpermit shall be effective for one fiscal year

only and may be renewed from year to yearupon written application and payment of the

annual permit fee. [ Formerly 632.040; 1975 c.7484]

632.735 [ 1965 c.582 §5; repealed by 1975 c. 748 § 191

b) For the sale of uncandled eggs to other 632.740 [ 1965 c.582 § 6; repealed by 1 -975 c. 748 § 5than a consumer; or ( 632.741 enacted in lieu of 632. 740)]

c) For the sale by a retailer to a consumerof eggs which previously have been candledand graded by an egg handler in compliancewith ORS 632.705 to 632.815.

2) Application for such license shall bemade to the department, on forms prescribed

by the department.

3) Each egg handler's license shall expireon the 31st day of December following thedate of issuance. Such license shall not be

transferable to any person. The original of thelicense shall be conspicuously displayed in themain office of the licensee. A duplicate copy ofthe license shall be conspicuously displayed ineach separate branch, store, sales outlet, of-

fice, warehouse or location operated or ownedby the licensee in which eggs are candled orgraded.

4) The department, in accordance with

ORS 183.310 to 183.500, may refuse to issue, or may suspend or revoke, an egg handler'slicense issued under this section, or a permitissued under ORS 632.730, if the applicant, the permit holder, or the licensee has or is

violating the provisions of ORS 632.705 to632.815 or rules promulgated pursuant there- to. [ 1965 c.582 § 2; 1975 c 748 §21

632.720 Fees. There shall be paid to the

department with each application for an egghandler's license an annual license fee of $10.

Duplicate copies of licenses may be issued for5. [1965 c.582 §3; 1975 c.748 §31

632.725 [ 1965 c 582 §4; repealed by 1975 c 748 §191

632.730 Commercial egg breaker's

permit; fee. No person shall engage in the

commercial breaking of eggs for the purposeof recovering therefrom, for human food, thewhites, yolks or whole egg meats, or any partthereof, for resale as such, without first ob-

taining from the department a permit to do so. Such permit shall be issued to any personmaking written application for it and a proper

632.741 Additional fee; method of

payment; exceptions. ( 1) In addition to the

license fee prescribed in ORS 632.720, each

egg handler shall pay to the department a feeprescribed by the department, not to exceedtwo and one -half mills per dozen eggs sold bysuch egg handler. Such fee may be paid byeither of the following methods:

a) Remitting monthly payments, on datesprescribed by the department, accompanied bysuch reports concerning egg sales as the department may prescribe. The egg handlerutilizing this method shall prepare and maintain adequate books and records evidencinghis egg sales, and shall keep the same for atleast two years. The department is authorizedto inspect and audit such books and records as

provided in ORS 561.265 and the egg handlershall pay to the department its costs for thesame. The department shall assign such egghandler a number to be placed on egg containers in the manner prescribed by the department.

b) Purchasing Oregon state egg sealsfrom the department to be placed on egg containers in the manner prescribed by the department. In lieu of such purchase, the manu-

facturer of egg containers may obtain a permit from the department to imprint facsimiles

of the Oregon state egg seal on egg containersin the manner prescribed by the department, in which case the egg container manufacturershall pay the required fees therefor to thedepartment in the manner, at the times and

with any reports it may prescribe. Such permit may be suspended or revoked by the department in accordance with the provisions of

ORS 183.310 to 183.500, if it is determined

that the permittee has violated any of theconditions of the permit, the provisions of

ORS 632.705 to 632.815 or rules promulgated

pursuant thereto.

2) The fees required to be paid under

subsection ( 1) of this section and, except as

1035

SUPERSEDED


otherwise provided therein, the labeling re- 632.761 Authority of department. Thequired by ORS 632.771 shall not apply to: department is authorized to:

a) Eggs sold and shipped outside of this

state;

b) Eggs sold to the United States Govern- ment;

c) Bulk sales of eggs;

d) Eggs sold to another egg handler forprocessing into egg products; or

e) Eggs sold by a producer to consumersat his place of production. [ 1975 c.748 §6 ( 632.741

enacted in lieu of 632.740)]

632.745 When invoices required; ex-

ception; availability for inspection. ( 1)

Each person who sells eggs in bulk shall fur-

nish the purchaser with an invoice coveringeach such sale, showing the exact grade orquality and the size or weight of the eggs sold, according to the standards prescribed by thefederal Act or the department, together with

the name and address of the person by whomthe eggs were sold. The invoices shall be avail-

able during business hours for inspection bythe department. The invoices shall be kept forat least:

a) One year by the seller, and

b) 60 days by the purchaser.

2) No invoice shall be required on eggswhen sold to the United States Government or

to an individual consumer.

3) Any person or retailer selling eggsthrough its own stores or outlets may keep therecords required by subsection ( 1) of this section, at its principal place of business within

this state and is not required to keep therecords at the stores or outlets. [ 1965 c582 § 7;

1975 c.748 §71

632.750 [ Formerly 632.085; repealed by 1975 c.74819]

632.755 [ Formerly 632 060, repealed by 1975 c 7488 (632.756 enacted in lieu of 632. 755)]

632.756 Maintenance of facilities andequipment; standards. The plant facilities

and equipment utilized in processing eggs oregg products shall be constructed, maintainedand utilized in accordance with the rules

promulgated under the federal Act or promul-

gated by the department. [ 1975 c.748 § 9 ( enactedin lieu of 632. 755)]

632 760 [ Formerly 632.097; repealed by 1975 c 74810 (632.761 enacted in lieu of 632.760)]

1) Inspect at reasonable times plant

premises, facilities, equipment, containers andvehicles and to inspect and sample eggs and

egg products for the purpose of enforcing theprovisions of ORS 632.705 to 632.815 or rulespromulgated pursuant thereto.

2) Seize, embargo or detain, in accordancewith the provisions of ORS 561.605 to

561.630, any eggs or egg products determinedto be in violation of the provisions of ORS632.705 to 632.815 or rules promulgated pur-

suant thereto.

3) Condemn, in accordance with the pro-

visions of ORS 616.740, any plant premises, facilities, equipment, containers or vehicles

determined to be in violation of the provisions

of ORS 632.705 to 632.815 or rules promulgat-

ed pursuant thereto.

4) Enter into cooperative and reciprocal

agreements with any federal, state or othergovernmental agency in carrying out theprovisions of ORS 632.705 to 632.815, and toreceive and expend funds pursuant thereto.

1975 c.748 §11 ( enacted in lieu of 632.760)]

632.765 [ 1965 c.582 §8; repealed by 1975 c.748 §191

632.770 [ 1965 c.582 § 9; repealed by 1975 c.748 § 12632.771 encacted in lieu of 632.770)]

632.771 Information on container

label; sale from bulk display; advertising. 1) The labeling of any container used by an

egg handler shall include the informationrequired by the federal Act or rules promulgated thereunder, or:

a) The full, correct and unabbreviated

designation of size and grade or quality of theeggs;

b) The common or usual name, if anythere be, of the egg product;

c) The lot or production code, number or

date;

d) The net contents;

e) The name and address of the egg handler or distributor, and in the case of a distrib-

utor shall include qualifying terms as " packedfor," "distributed by" or "distributor "; and

f) The Oregon state egg seal or the official number assigned to the egg handler bythe department.

2) The labeling information required bysubsection ( 1) of this section shall be of a size

and in a location prescribed by the department

1036

SUPERSEDED


or by the rules promulgated under the federal ( 12) Otherwise violate any of the provi- Act• sions of ORS 632.705 to 632.815; or

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

4) Advertising of eggs or egg productsshall conform to such provisions of subsection1) of this section as the department may

prescribe. [ 1975 c. 748 § 13 ( enacted in lieu of

632.770)]

632.775 [ 1965 c.582 §10; repealed by 1975 c.748 §191

632.780 [ 1965 c.582 § 11; repealed by 1975 c 748 §191

632.785 [ 1965 c.582 § 12; repealed by 1975 c. 74814(632.786 enacted in lieu of 632 785)]

632.786 Prohibited acts. No personshall:

1) Sell eggs for human consumption in

previously used consumer containers bearingthe brand, trade -mark or officially designatednumber of another egg handler, unless thesame is removed or defaced;

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

3) Fail to furnish the invoices required byORS 632.745;

4) As an egg handler, use any egg container unless it is labeled as required by ORS632.771;

5) As a retailer, sell eggs from a bulk

display without the displaying of the placardrequired by subsection (3) of ORS 632.771;

6) Deliver or sell eggs for human consumption that have been incubated or havebeen in either an artificial or natural incuba- tor;

7) Deliver or sell for human consumption

ova from slaughtered birds of any specie; 8) Sell any eggs or egg products that are

adulterated or misbranded;

9) Sell any eggs as fresh eggs unless theyare of the quality or grade prescribed by thedepartment or the federal Act for fresh eggs;

10) Sell egg products for human consumption unless they have been pasteurized, nor asa food processor purchase egg products thathave not been pasteurized;

11) Advertise eggs or egg products inviolation of the standards or requirements

prescribed by the department;

13) Use containers in the bulk sale of

eggs that bear the trademark of another egghandler without the consent of the registrantof such trademark. The provisions of ORS

632.275 to 632.290 shall apply to bulk salecontainers of eggs in the same manner as theyapply to containers for canning tree fruits, vegetables and small fruits. [ 1975 c 748 § 15

enacted in lieu of 632. 785)]

632.790 [ 1965 c.582 § 14; repealed by 1975 c.748 § 191

632.795 [ 1965 c.582 § 15; repealed by 1975 c.748 § 191

632.800 [ 1965 c.582 § 16; repealed by 1975 c.748 § 191

632.805 [ 1965 c.582 § 17; repealed by 1975 c. 748 § 191

632.807 [ 1967 c.250 §2; repealed by 1975 c.748 § 191

632.810 [ 1965 c 582 § 18; 1967 c.250 § 3; repealed by1975 c 748 § 16 ( 632. 811 enacted in lieu of 632.810)]

632.811 Rules; considerations in pro-

mulgating rules. (1) In accordance with the

provisions of ORS 183.310 to 183.500, the

department may promulgate rules necessaryto administer and enforce the provisions of

ORS 632.705 to 632.815, including but notlimited to:

a) The establishment of fees under ORS

632. 741, and the times and manner of payment thereof;

b) The reports and records to be made orkept under ORS 632.741;

c) The establishment of minimum grades

or standards of quality and wholesomeness, size or weight of eggs or egg products;

d) The establishment of minimum standards of construction, maintenance, sanitationand operation of facilities and equipment used

in the grading, candling, breaking or processing of eggs or egg products; and

e) The establishment of labeling andadvertising standards or requirements foreggs and egg products.

2) In promulgating such rules the department may consider:

a) The provisions of the federal Act andrules promulgated pursuant thereto, and the

laws and rules of other states;

b) The necessary procedures required toprohibit the sale or consumption of unwhole-

some eggs or egg products; and

c) The health and economic consequencesto this state which might result from the

1037

SUPERSEDED


processing, handling, sale or consumption ofunwholesome eggs or egg products. [ 1975 c.748

17 (enacted in lieu of 632 810)]

632.812 [ 1967 c.250 §l; repealed by 1975 c 748 §191

632.815 Disposition of fees. All fees

collected by the department under ORS632.705 to 632.815 shall be paid to the State

Treasurer by the department who shall deposit them in the Department of Agriculture

Service Fund. Such funds are continuouslyappropriated to the department for the pur-

poses of the administration and enforcement

of such sections. [ Formerly 632.110; 1975 c.748 § 18; 1979 c.499 §281

GRADES AND STANDARDS

FOR, INSPECTION AND

CLASSIFICATION OF,

AGRICULTURAL PRODUCTS

632.900 " Horticultural and agricul-

tural products" defined. As used in ORS

632.900 to 632.940 and 632.955 to 632.980, horticultural and agricultural products"

includes articles of food, drinks, dairy products, livestock products, poultry products andapiary products, grown or produced in thisstate, exclusive of bakery products and alcoholic liquors. [Formerly 616.4051

632.905 Department of Agriculture to

fix grades and standards for agriculturalproducts and containers. In order to pro-

mote, protect, further and develop the agricultural industry of this state the departmentmay adopt by rule official standards for grading and classifying any or all horticulturaland agricultural products and official stan-

dards for containers of such products and maychange any of such grades and standards fromtime to time. The grades and standards adopt-

ed by the department shall be in conformanceto any and all laws of this state providingspecial grades or standards for any of suchproducts or containers. With respect to cannedgoods, the department is empowered to adopt

only definitions and standards of identity, quality and fill of containers. Unless modified, altered or revoked, grades and standards in

force on February 2, 1939, shall continue to beofficial as though adopted under ORS 632.900to 632.940 and 632.955 to 632.980. [ Formerly616 410, 1979 c.91 § 31

632.910 Factors to be considered in

establishing grades and standards. In

establishing, under any law of this state, any

grades, standards or classifications for anyhorticultural or agricultural products, the

department, in addition to such other factors

as may be specified by such law, shall takeinto account and base such grades, standards

or classifications upon such of the followingfactors as are applicable to the product in-

volved: Degree of maturity; size, measured bydimensions or weight; degree of freshness, as

determined by physical examination or chemical test or analysis; moisture content; uni-

formity; color; firmness; tenderness; freedomfrom injury; freedom from insect pests; diseases; appearance; freedom from mixture withother varieties; freedom from decay; confor- mation; soundness; varietal characteristics or

type; number of specimens per pound; nature

of pack; presence of dirt or other foreign mate-

rial; condition as to temperature and extent to

which the product is hot or heating or is in asour condition; extent to which commodity issatisfactory for human or other consumptionor use, as the case may be; extent to which theproduct has been affected by handling ortreatment; extent to which the product has a

commercially objectionable odor or flavor; andother factors indicative of quality or condition, and the value or suitability of the commodityinvolved for the commercial or other use to bemade thereof. In addition, the departmentshall take into account any grades, standardsor classifications for such product established

by the United States Department of Agricul- ture and also applicable federal grades andstandards laws. [Formerly 616 4151

632.915 Consideration of commercial

or other use; change of grades, standards

or classifications. The factors required to be

considered by the department in establishingany grades, standards or classifications forany agricultural or horticultural product shallbe applied in accordance with the extent towhich and manner in which the same relate to

the quality, quantity and condition of thatproduct and the value and suitability thereoffor the commercial or other use to which it

normally is put. Any such grades, standardsor classifications established pursuant to law

by the department may, from time to time, bechanged thereby in order to conform the samemore nearly to commercial or trade requirements, practices or methods or to meet

changed conditions or to comply with new andimproved methods of handling, processing, packing, transporting, marketing or using theproduct involved, or in order to apply or makeeffective any new and improved method of

1038

SUPERSEDED


test, analysis or examination of the quality orcondition of that product or the value or suita-

bility thereof for its normal use, and to complywith new methods of controlling insect pestsand diseases. [Formerly 616.4201

632.920 Compliance with Administra- tive Procedures Act. The department shallcomply with the requirements of ORS 183.310to 183.500 in adopting standards under ORS632.905 or any alterations or modifications tosuch standards. [Formerly 616.425; 1979 c.91 § 41

632.925 [Formerly 616.430, repealed by 1979 c.91 § 61

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

632.935 Adoption of United Statesstandards; cooperation with United

States. The department may establish as theofficial standard for this state for any horticultural or agricultural product or container,

any standard which may have been promulgated or announced therefor under the author-

ity of the Congress of the United States, andthe department is authorized to cooperatewith the United States, or any departmentthereof, in accomplishing the matters andthings provided for in ORS 632.900 to 632.940and 632.955 to 632.980. [ Formerly 616 440; 1979c.91 §5]

632.940 Inspection and classificationof agricultural and horticultural productsby department. Except as provided in ORS632.945, the department may designate anycompetent employe or agent of the department

to inspect or classify horticultural and agricultural products when such services are requested by persons having an interest in such products, and the department may ascertain andcertify to such persons the grade, classification, quality, condition or amount thereof andany other pertinent facts relating to suchproducts that the interested person may request. The department may fix, assess andcollect, or cause to be collected, fees for such

services when they are performed by employesor agents of the department. Such fees shallbe on a uniform basis in an amount reasonably necessary to cover the cost of such inspection and administration of this section. Thedepartment shall so adjust the fees to be collected under this section as to meet the expenses necessary to carry out the provisions ofthis section, and may prescribe a differentscale of fees for different localities. The department also may prescribe a reasonable

charge for traveling expenses and serviceswhen such services involve unusual cost to the

department in their performance. All fees

received by the department under this section, ORS 632.211, 632.336, 632.425, 632.600 and

632.945 shall be deposited in the Departmentof Agriculture Service Fund, and are continuously appropriated to the department for theenforcement of such sections. [ Formerly 616.445; 1979 c.499 §291

632.945 Procedure for departmentinspection and classification; collection of

costs. (1) Under such conditions as the depart-

ment may prescribe by rule, the department, through any competent employe or agent, shall inspect or classify produce in accordancewith standards specified in the written agree-

ment between the grower and the handler for

sale of the produce. The methods and procedures for inspection or classification of produce shall be in accordance with such rules asthe department may prescribe.

2) The department shall ascertain and

certify to the parties to the written agreementthe grade, classification, quality, condition oramount of the produce and any other pertinent facts relating to such produce that aparty to the written agreement may request.

3) The department may fix, assess andcollect or cause to be collected from the handler, fees for such services in the manner and

to the extent provided by ORS 632.940. Allsuch fees are continuously appropriated to thedepartment for the enforcement of ORS632.940 to 632.980.


a) " Grower" means any person engaged inthe business of growing or producing anyproduce in this state and includes any cooperative organization composed exclusively ofgrowers and handling exclusively the produceof its own members and operating under andby virtue of the laws of this state or of anyother state or of the United States.

b) " Handler" means a person or his agentwho processes produce he has purchased or

otherwise acquired in this state from a grower.

c) " Produce" means any fruit or vegetablegrown or produced by a grower and of whichtotal sales by growers to handlers for theprevious growing season totaled more than $1million. The department shall determine and

verify the application of this defined term, and the total sales value herein specified, and

1039

SUPERSEDED


for this purpose shall be authorized to inspect service to be fixed, assessed and collected frombooks and records and require reports. [ 1973 such purchaser as provided in ORS 632.940.

c.587 §31 This section does not apply to a cooperativeassociation nor to a person deriving his major

632.950 Termination of department

inspection activities by grower vote; election procedure; costs. At any time before orafter the department is conducting the inspection and classification of a particular fruit orvegetable at a particular plant of a handler, if51 percent of the growers who produce 60percent or more of that product vote against

the department inspection and classification

of that particular product, the departmentshall not inaugurate such inspection, or if

already inspecting shall terminate such inspections. To have such an election 20 percent

of the growers shipping that product to thehandler shall petition the department. If thedepartment finds the petition in order it shallconduct an election. The costs of the election

and the method and time of voting shall bespecified by the department and the petitioners for such election shall pay such costs priorto any vote. Once an election has been held toreject inspection no new election either to

require inspection or to reject inspection shall

be held in less than one year following theprevious election. All subsequent elections

shall require the same percentage of petition-

ers for the election and the same percentagevote of growers and volume of product as

provided in this section. The costs of all elections shall be assessed to the petitioners foreach election and shall be paid to the department prior to such election. [1973 c.587 §41

632.955 Investigation of complaint of

purchaser's misrepresentation of product;

inspection and classification of products

received by purchaser. Upon complaint ofany person to the department that the grade, classification, quality, condition or amount of

any horticultural or agricultural product isbeing misrepresented by the purchaser thereof, or that the grades are not being made bythe purchaser in accordance with the purchase

agreement, the department shall investigate

such complaint and, when in its opinion such

complaint is justified, shall order such pur-

chaser so misrepresenting to cease and desistfrom such practices in addition to the other

provisions of ORS 632.900 to 632.940 and632.955 to 632.980. Upon failure of the pur-

chaser to so cease and desist from such practices, the department shall designate its agent

to inspect and classify all such products received by such purchaser, the cost of such

livelihood from a farm or orchard which hehimself operates either as owner or renter.

Formerly 616.450]

632.960 Appeal to department for

classification. Whenever any quantity of anyhorticultural or agricultural product has beeninspected under ORS 632.940 and 632.955 to

632.980 and a question arises as to whetherthe certificate issued therefor shows the true

grade, classification, quality or condition of

such product, any interested person, subject tosuch regulations as the department may prescribe, may appeal the question to the department. The department is authorized to causesuch investigation to be made and such tests

to be applied as it may deem necessary and todetermine and issue a finding as to the truegrade or classification of the product or the

quality or condition thereof. Whenever anyappeal is taken to the department under thissection it shall charge and assess and collect,

or cause to be collected, a reasonable fee, to be

fixed by it, which shall be refunded if theappeal is sustained. [Formerly 616.4551

632.965 Certificate of grade, classifi-

cation, quality or condition as prima facieevidence. A certificate, when not superseded

by a finding on appeal, or a finding on appealof the grade, classification, quality or condi-

tion of any horticultural or agricultural product, issued under ORS 632.900 to 632.940 and632.955 to 632.980 and all certificates issued

under authority of the Congress of the UnitedStates relating to the grade, classification, quality or condition of horticultural or agricultural products shall be accepted in anycourt of this state as prima facie evidence of

the true grade, classification, condition or

quality of the horticultural or agriculturalproducts at the time of its inspection. [Formerly

6164601

632.970 Misrepresentation of grades

and standards for agricultural products;

improper use of insignia indicating grade. If any quantity of any horticultural or agricultural product has been inspected and a certifi-

cate issued under ORS 632.900 to 632.940 and

632.955 to 632.980 showing the grade, classification, quality or condition thereof, no personshall represent that the grade, classification,

quality or condition of the product at the timeand place of the inspection was other than as

1040

SUPERSEDED

AGRICULTURAL AND HORTICULTURAL PRODUCTS 632,990

shown by the certificate. Whenever any standard for the grading or classification of anyhorticultural or agricultural product becomeseffective under ORS 632.900 to 632.940 and632.955 to 632.980, and any word or words, figure or letter, has been adopted by the department to indicate the grade or quality ofthe horticultural or agricultural product contained in any container or package, no person, firm or corporation shall use any of suchwords, letters or figures, in connection withany container or package, to represent the

grade or quality of the horticultural or agricultural product contained therein, to be soldor offered for sale, if such product does notmeet the requirements of the grade indicatedby the marking. [Formerly 616.4651

632.975 Use of containers not con-

forming to standard. Whenever any standard for a container for any horticultural oragricultural product becomes effective underORS 632.900 to 632.940 and 632.955 to632.980, no person thereafter shall pack orplace for sale, offer for sale, consign for sale orsell and deliver, in a container, any such horticultural or agricultural product to which thestandard is applicable, unless the containerconforms to the standard, subject to such

variations therefrom as may be allowed bylaw or by rules and regulations made pursuant to law, unless such product is broughtfrom outside the state and offered for sale, consigned for sale, or sold in the originalpackage which is a standard package in the

state of origin. This section does not apply tohorticultural or agricultural products packedfor and sold as gift packages, and shipped incontainers, the specifications of which, or asample of which, have been submitted to andapproved by the department. [Formerly 616.470]

632.980 Improper grading and incorrect certificates prohibited. No personshall, under ORS 632.900 to 632.940 and

632.955 to 632.980, knowingly inspect, gradeor classify improperly any horticultural oragricultural product or knowingly give anyincorrect certificate of grade, classification, quality or condition. [Formerly 616.475]

632.985 Submitting hay, grain or

potatoes to inspection. ( 1) No operator or

person in charge of any motor vehicle shall

transport on the streets or highways of thisstate, any hay, grain or potatoes, of whichinspection is required by law, out of, into orthrough any inspection district, so designatedby the department, or out of, into or throughany city which has been declared an inspection point, unless he has given notice by mailor in person to the nearest office or inspector

of the department, that such products or anythereof are available for inspection as re-

quired by law.

2) Every person receiving any shipment, load or lot of such products, which has notbeen inspected, for the purpose of sale orstorage in such quantities and in such placesas would require inspection, shall give notice

within 24 hours by mail or in person, to thenearest office or inspector of the departmentthat the products have been received and arebeing held for inspection. [ Formerly 616.4801

PENALTIES

632.990 Penalties. ( 1) Violation of anyprovision of ORS 632.705 to 632.815 is punish-

able, upon conviction, by a fine of not lessthan $ 10 nor more than $ 100 for the first

offense, and for each subsequent offense by afine of not less than $25 nor more than $200.

2) Violation of ORS 632.216 or 632.226 is

punishable, upon conviction, by a fine of notless than $10 nor more than $100 or by imprisonment in the county jail for not less than 10nor more than 30 days, or both.

3) Violation of any provision of ORS632.306 to 632.361 is punishable, upon conviction, by a fine of not less than $50 nor morethan $500, or by imprisonment in the countyjail for not less than 10 nor more than 30 daysor both.

4) Violation of any provision of ORS632.405 to 632.435 is punishable, upon convic-

tion, by a fine of not less than $ 10 nor morethan $100.


able, upon conviction, by a fine of not lessthan $10 nor more than $100, or by imprisonment in the county jail for not less than 10nor more than 30 days, or both. [ Amended by1955 c 363 § 13, 1955 c.711 § 15; subsection ( 2) enacted as

1955 c 363 § 15; subsection (3) enacted as 1955 c. 711 § 16;

1975 c 748 § 18a]

1041

SUPERSEDED



Pursuant to ORS 173. 170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter arecorrect copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173. 160 and otherchanges specifically authorized by law. Done at Salem, Oregon, Thomas G. Clifford


1042

SUPERSEDED

Chapter 633


Grades, Standards and Labels for Feeds, Fertilizers and Seeds

633. 475COMMERCIAL ANIMAL FEEDS

633.006 Definitions for ORS 633.006 to 633.089633.015 Registration of commercial feed required;

633. 330 Labeling lime

633.025 Labeling requirements633.027 Custom mixed feed labeling requirements633.029 Registration required for animal feed

633. 545

manufacturers and sellers; exemption

633. 345

for persons not using drugs in feeds633.037 Records required of licensees; records

633. 361

inspection by department633.045 Adulterated commercial feeds prohibited633.055 Misbranding commercial feed prohibited633.065 Department to test commercial feeds633.067 Rulemaking authority for commercial feed

633.420

law administration and enforcement633.077 Testing and analysis of bulk commercial

633. 630

feed and custom mixed feed; disclosure

633.430

of test or analysis results633.083 Cooperation with governmental units633.088 Withdrawal from distribution of feeds sold

633. 660

or distributed in violation of law; seizure

633. 450

of noncomplying feeds633.089 Disposition of moneys received by depart-

633. 460

ment

633. 475

FERTILIZERS

633.310 Definitions for ORS 633.310 to 633.495633.320 Labeling fertilizers

633. 330 Labeling lime633.335 Labeling agricultural amendments633.340 Labeling agricultural minerals633.343 Determination of additional guarantees of

633. 545

plant nutrients

633. 345 When invoices to be furnished633.350 Sale of animal by- products

633. 361 Registration of brand and grade; sale only

633. 571

under applicable brand and grade633.370 Disposition of fees

633.380 Methods of sampling and analyzing633.390 Sampling and analysis633.420 False or misleading representations;

633. 620

ingredients listed if usefulness substani-

633. 630

ated

633.430 Refusal and cancellation of registration633.440 Administration and enforcement of ORS

633. 655

633.310 to 633.495; withdrawal from dis-

633. 660

tribution order; seizure of products633. 450 Certificates relating to sample and analy-

sis as prima facie evidence633. 460 Inspection fees

633.470 Report of amounts sold; collection of

633. 690

unpaid inspection fees

633.475 Required records on custom mixes; regis-

633. 511

tration not required; availability of

633. 520

records for inspection

633.485 Required reports on fertilizers, minerals, amendments and lime

633.495 Use of pesticides in fertilizers, minerals, admendments and lime subject to ORS

633. 545

chapter 634

633.500 Voluntary analysis of fertilzer, minerals,

633. 561

amendments or lime; test results notpublic record

633. 992 Penalties

1043

PENALTIES

SEEDS

633. 511 Definitions for ORS 633.511 to 633.750633. 520 Labeling agricultural seed

633.531 Labeling vegetable seed weighing onepound or less

633.541 Labeling vegetable seed weighing morethan one pound

633. 545 Labeling bins and bulk displays633.550 Exemptions from labeling provisions

633. 561 Preparation of list of prohibited noxiousweed seeds and restricted noxious weed

633. 571

seeds

Changes in lists; publication of changes633.580 Seed testing laboratory; cooperative agree-

ments with federal agency633.600 Fees for seed tests; rules and regulations633.610 Seed testing fund

633. 620 Certification of seeds, tubers and plants633.630 Certification fund633.640 Dean may employ assistants633.651 Prohibited acts

633. 655 When penalties not applicable633.660 Enforcement and administration633.670 Inspection and sampling of seeds; seizure

of seeds; report of test

633.680 Establishment of standards of germination; rules, regulations; fees and charges

633. 690 Quarantine of seed entering state; disposition of nonconforming seed

633.700 Licenses to sell seed; fees633.710 Department action on violations by licen-

see

633.720 Sampling and testing on request of ownerof seed

633.750 Disposition of fines, fees and chargesunder ORS 633.511 to 633.750

633. 992 Penalties

1043

PENALTIES

SUPERSEDED


CROSS REFERENCES

Administrative procedures and rules of state agencies, 633.700

183.310 to 183.500 " Person" defined, 174. 100

Grades and standards for inspection and classification of633.750

agricultural products, 632.905 Expenditures without allotment prohibited in certain

Seizure and disposal of unlawful products by department, cases, 291 238

561. 605 to 561. 630

Weights and measures generally, Ch. 618633.992

Jurisdiction over prosecutions, 561 290

1044

SUPERSEDED

FEEDS, FERTILIZERS AND SEEDS

COMMERCIAL ANIMALFEEDS

633.005 [ 1961 c 314 § l; repealed by 1967 c.591 § 1633.006 enacted in lieu of 633.005)]

633.006 Definitions for ORS 633.006 to633.089. As used in ORS 633.006 to 633.089and 633.992, unless the context requires otherwise:

1) " Animal feed manufacturing plant" means:

a) Any business, establishment, building, plant or place where commercial feed for

animals is manufactured, mixed, processed orpacked.

b) Vehicles used in transporting commercial feed or components or ingredients thereof, machinery, equipment, utensils, implements, or other items, articles or materials used inthe business or operation.

c) The ground upon which the operationor business is carried out and other ground notadjacent thereto which is a part of the busi-

ness or operation under the same entity orownership.

2) " Brand" means any word, name, symbol or device or any combination thereofadopted or used by a person to identify commercial feeds manufactured, compounded,

delivered, distributed, sold, offered for or

exposed for sale in this state and to distinguish them from commercial feeds manufac-

tured, distributed, offered for sale or sold byothers.

3) " Bulk" is the sale, offering or exposingfor sale or delivery of commercial feeds, in:

a) Open containers, closed or open toteboxes, closed or open tanks, closed or opentrailers, all of which may be further describedor defined by the department, or

b) Other types of containers, vehicles orconveyances defined or recognized by thedepartment.

4) " Commercial feed" means any materialwhich is distributed for use as feed, or as afeed ingredient for mixing in feed for animals, or any feed additive concentrate, feed additivesupplement, feed additive premix, or premix, except:

633.006

c) Feed for dogs, cats, birds or fish maintained as household pets.

d) Silage, or materials containing at least60 percent of water.

e) Individual chemical compounds when

not mixed with other materials. This exemption, however, does not cover or extend tophosphate, urea or ammonium compounds

which are recommended for animal feedingpurposes.

5) " Contract feeder" means an indepen-

dent contractor, or any other person who feedscommercial feed to animals pursuant to an

oral or written agreement whereby such commercial feed is supplied, furnished or other-

wise provided to such person by any distributor and whereby such person's remunerationis determined all or in part by feed consumption, mortality, profits, or amount or qualityof product. It does not include a bona fideemploye of a manufacturer or distributor ofcommercial feed.

6) " Customer- formula feed," " custom

mix" or " custom mixed feed" means any mixture of materials, substances or ingredientsdescribed or set forth under the definition ofcommercial feed, each lot of which is mixedaccording to the specific instructions of, orprescribed for the specific use of, the finalconsumer or feeder. For the purpose of thissubsection " final consumer" means a person

who owns or who contracts for the feeding ofanimals under the control or ownership ofthat person.


8) " Distribute" means to offer for sale, sell or barter, commercial feed or customer -

formula feed; or to supply, furnish or otherwise provide commercial or customer- formula

feed as a contract feeder.

9) " Distributor" means any person whodistributes.

10) " Drug" or " drugs" means any substance intended or represented for the cure,

mitigation, treatment or prevention of disease

of animals, or intended to affect the structure

of any function of the body of an animal or asprescribed by the department.

a) Unmixed seeds, whole or processed, ( 11) " Feed ingredient" means each of the

made directly from the entire seed. constituent materials making up a commer-

b) Hay, straw, stover, cobs, husks, screenings and hulls, when unground or unmixedwith other materials.

cial feed.

12) " Ground" means a condition resultingfrom crushing, rolling, chopping or grinding.

1045

SUPERSEDED


13) " Label' means a display of written, printed, or graphic matter upon or affixed to

the container, or immediate container, in

which a commercial feed is distributed, or on

the invoice or delivery slip with which a commercial feed or customer - formula feed is distributed.

14) " Manufacture" means to grind, chop, crush, roll, cube, flake, extrude, cook, pelle-

tize, mix or otherwise process feed ingredients.

15) " Mineral feed" means a substance or

mixture of substances designed or intended to

supply primarily mineral elements or inorgan- ic nutrients.

16) " Official sample" means any sampleof feed taken by the department and designated as " official' by it.

17) " Percent" or " percentage" means

percentage by weight.

18) " Sell' or " sale" includes exchange.

1967 c.591 § 2 ( enacted in lieu of 633.005); 1973 c.342 § 2,

1979 c. 116 § 11

633.010 [ Repealed by 1961 c.314 §121

633.011 [ 1967 c 591 § 10, repealed by 1971 c.489 § 111

633.015 Registration of commercial

feed required; fee. ( 1) No person shall dis-

tribute a nonregistered commercial feed.

Every brand, and each formula or formulationthereof, of commercial feeds manufactured, compounded, delivered, distributed, sold,

offered or exposed for sale in this state shall

be registered with the department. Applica- tion for registration shall be submitted on

forms furnished by the department, and, if thedepartment so requests, shall be accompanied

by the label or a facsimile of the label andother printed matter describing the product. Upon approval by the department, a certificate of registration shall be furnished to theapplicant. All registrations expire on Decem- ber 31 of each year. The application shall

include the information required by paragraphs ( b), ( c), ( d) and ( e) of subsection ( 1) of

ORS 633.025 and such other information as

the department may require.

2) A distributor shall not be required to

register any brand of commercial feed whichhas been registered under ORS 633.006 to

633.089 and 633.992 by another person.

3) Changes in the guarantee of either

chemical or ingredient composition of a regis-

tered commercial feed may be permitted, ifthere is satisfactory evidence that such

changes would not result in a lowering of thefeeding value of the product for the purposefor which designed.

4) The department may refuse registration of any commercial feed when the application is not in compliance with the provisions

of ORS 633.006 to 633.089 and 633.992 and

may cancel any registration subsequentlyfound not to be in compliance with any provision of ORS 633.006 to 633.089 and 633.992, after the registrant has been given reasonable

opportunity to be heard before the departmentand to amend his application in order to com-

ply with the requirements of ORS 633.006 to633.089 and 633.992.

5) Customer - formula feeds are exempt

from registration.

6) Each application for registration shall

be accompanied by a fee to be established bythe department not to exceed $ 20 for each

formula or formulation of commercial feedunder each brand. [ 1961 c.314 § 2; 1967 0. 591 § 3;

1971 c.489 § 11

633.020 [ Repealed by 1961 c 314 § 121

633.025 Labeling requirements. ( 1)

Any commercial feed distributed in this stateshall be accompanied by a legible label bearing the following information:

a) The net weight.

b) The name or brand under which thecommercial feed is sold.

c) The guaranteed analysis of the com-

mercial feed, listing the minimum percentageof crude protein and crude fat, and the maximum percentage of crude fiber. For mineral

feeds the list shall include the following specifications as to minerals present, expressed as

herein indicated: Minimum and maximum

percentages of calcium ( Ca), minimum per-

centage of phosphorus ( P), minimum percent-

age of iodine (I), and minimum and maximumpercentages of salt ( NaCl). Other substances

or elements, determinable by laboratory methods, may be guaranteed by permission of thedepartment. When other substances or ele-

ments are guaranteed, they shall be subject toinspection and analysis in accordance withmethods and regulations prescribed by thedepartment. Products sold solely as mineral orvitamin supplements, or both, need not showguarantees for protein, fat or fiber.

d) The common or usual name of each

ingredient used in the manufacture of the

commercial feed, except as the department

may, by regulation, permit the use of a collec-

1046

SUPERSEDED


tive term for a group of ingredients all ofwhich perform the same function or, by regulation, permit the use of a statement of alter-

native ingredients of comparable feedingvalue. In lieu of the common or usual name ofeach ingredient used, or a collective term for agroup of ingredients, or a statement of alternative ingredients, a statement may be madethat the ingredients used in the manufactureof the commercial feed are in accordance withthe registration with the department, andsuch list of ingredients shall be made available to the purchaser upon request to themanufacturer or the department.

e) The name and principal business ad-

dress of the person responsible for distributingthe commercial feed.

2) When a commercial feed is distributedin this state in bags or other containers, thelabel shall be placed on or affixed to the container; when a commercial feed is distributed

in bulk the label shall accompany deliveryand be furnished to the purchaser at time ofdelivery. Containers of commercial feed notcontaining a drug are exempt from the labeling provisions of this section when such containers are filled in the presence of the purchaser from retail bins or other retail bulk

display containers if such bins or bulk displaycontainers are labeled with the informationotherwise required to be present on individualpackages of such feed.

3) If a commercial feed contains a drug, the department shall require the label to showthe purpose, amount present, directions for

use, and any necessary warning against mis-

use of the feed. In registering any commercialfeed containing substances referred to in thissubsection, the department shall adopt, in so

far as practicable, and shall be in conformitywith the rules, regulations and restrictionsestablished by the Federal Government relating to such substances. [ 1961 c.314 § 3; 1967 c.591

3a, 1971 c.489 §2, 1979 c 116 §21

633.027 Custom mixed feed labelingrequirements. (1) A custom mixed feed shallbe labeled by invoice. In addition to otherinformation deemed necessary by the department, the invoice shall show:

a) Name and address of the mixer.

b) Name and address of the purchaser.

c) Date of sale.

d) The product name and brand name, if

any, and the number of pounds or other recognized units of measurement of each registered

633.029

commercial feed used in the mixing or mixture and the name and number of pounds ofeach other feed ingredient added.

2) If a custom mixed feed contains a nonnutritive substance which is intended for use

in the diagnosis, cure, mitigation, treatment, or prevention of disease or which is intended

to affect the structure of any function of theanimal body, the department may require thelabel and the invoice to show:

a) The amount of the substance present.

b) The directions for use and warningsagainst misuse of the feed.

3) The invoice or information prescribed

in this section shall be furnished by the sellerto the user or purchaser at the time the custom mixed feed is delivered. The records of theseller from which the invoice and information

is derived shall be maintained by the seller fora period of at least two years. Such records

and any undelivered quantities of the custom

mixed feed held by the seller mixed for thepurchaser, may be inspected by the department during business hours. [ 1967 c 591 § 91

633.029 Registration required for

animal feed manufacturers and sellers;

exemption for persons not using drugs infeeds. ( 1) ( a) No person shall operate an ani-

mal feed manufacturing plant, distributecommercial feeds other than at retail, be

furnished a certificate of registration of abrand in this state, distribute a custom - formula feed manufactured for that person, orrepackage or relabel a commercial feed manu-

factured by another person without havingfirst obtained a license from the department. Application for license shall be on forms prescribed by the department and shall be accompanied by a license fee to be established by thedepartment not to exceed $ 500. All licensesshall expire December 31 of each year.

b) In accordance with the provisions of

ORS 183.310 to 183.500, the department maypromulgate rules designating different licensefees for various categories of persons described in paragraph (a) of this subsection, soas to recognize differences in types of activities or volumes of business.

2) ( a) A person who is a contract feeder isnot subject to the provisions of subsection ( 1)

of this section, provided no drugs in any formare utilized in the manufacturing, mixing orprocessing of such feed. In the event drugs areso utilized, the contract feeder or person using

1047

SUPERSEDED


the same shall be subject to the provisions of fiber material, unless the name of each mate -

subsection (1) of this section. rial is stated on the label.

b) In accordance with the applicable pro-

visions of ORS 183.310 to 183.500, the department shall promulgate rules designating thetypes or categories of persons described inparagraph (a) of this subsection to whom this

section applies. In promulgating such rules, the department shall consider:

A) The methods of manufacture, mixing

or processing of feed used;

B) The quantities and kinds of drugsused; and

C) The number, ages and kinds of animals to which such feed is to be made available. [ 1971 c.489 § 7; 1973 c 342 § 3; 1979 c. 116 § 31

633.030 [ Repealed by 1961 c.314 §121

633.031 [ 1967 c.591 § § 6, 13(2); repealed by 1971c.489 §111

633.035 [ 1961 c.314 §4; repealed by 1967 c. 591 § 141

633.037 Records required of licen-

sees; records inspection by department. Aperson or contract feeder who manufactures, mixes or processes feeds in which drugs havebeen used so that he is not exempt from theprovisions of ORS 633.029, shall maintain an

accurate record for at least one year from thedate the drugs were so used showing the nameor identity of each drug so used and its level ofusage. The department is authorized to inspect the records of such persons to insurecompliance with ORS 633.029 and this sec-

tion. [1967 c.591 § 6a; 1973 c.342 § 11

633.040 [Repealed by 1961 c.314 §121

633.045 Adulterated commercial

feeds prohibited. No person shall distributean adulterated commercial feed. A commercialfeed shall be deemed to be adulterated:

1) If any poisonous, deleterious or nonnutritive ingredient is therein present in sufficient amount to render it injurious to healthwhen fed in accordance with directions for useshown on the label.

2) If any valuable constituent has been inwhole or in part omitted or abstracted there-

from or any less valuable substance substituted therefor.

3) If its composition or quality falls belowor differs from that which by its labeling it ispurported or represented to possess.

4) If it contains added hulls, screenings, refuse screenings, straw, cobs or other high

5) If it contains pesticide residues or

other chemicals in excess of amounts which,

by regulation, the department declares safefor feeding purposes. In adopting such regulations the department may take into consideration the commonly permitted amounts ofchemicals authorized by:

a) The United States and other states.

b) Other recognized agencies or organiza-

tions experienced in the chemical field.

6) If it contains a drug other than thosepermitted by regulations promulgated by thedepartment. In promulgating such regulationsthe department shall consider the current

good manufacturing practice regulations formedicated feed premixes and for medicated

feeds established under authority of the Fed- eral Food, Drug and Cosmetic Act. [ 1961 c.314

5; 1971 c.489 §31

633.050 [Repealed by 1961 c.314 §121

633.055 Misbranding commercial

feed prohibited. No person shall distributemisbranded commercial feed. A commercialfeed shall be deemed to be misbranded:

1) If its labeling is false or misleading inany particular.

2) If it is distributed under the name ofanother feed.

3) If it is not labeled as required by ORS633.025 and by regulations adopted pursuantto ORS 633.006 to 633.089 and 633.992.

4) If it purports to be or is represented as

a feed ingredient or as containing a feed ingredient, unless such feed ingredient conforms

to the definition of identity, if any, prescribedby regulation of the department. In adoptingsuch regulations the department may takeinto consideration the commonly accepteddefinitions approved or authorized by:

a) The United States and other states.

b) Other recognized agencies or organiza-

tions experienced in such matters, such as theAssociation of American Feed Control Offi- cials.

5) If any word, statement, or other information required by ORS 633.006 to 633.089and 633.992 or by regulation of the department to appear on the label is not prominentlyplaced thereon with such conspicuousness, as

compared with other words, statements, designs, or devices in the labeling, and in suchterms as to render it likely to be read and

Roil

SUPERSEDED


understood by the ordinary individual undercustomary conditions of purchase and use. 1961 c.314 §61

633.060 [ Amended by 1961 c.425 § 17; repealed by1961 c.314 §12]

633.065 Department to test commercial feeds. ( 1) It shall be the duty of the department to sample, inspect, make analysesof, and test commercial feeds distributed

within this state, at such times and places and

to such an extent as may be necessary to determine whether or not such feeds are incompliance with the provisions of ORS

633.006 to 633.089 and 633.992. The department is authorized to enter upon any public orprivate premises, including any vehicle oftransport, during regular business hours, inorder to have access to commercial feeds andto records relating to their distribution..

2) The methods of sampling and analysisshall be those adopted by the department. Inadopting such methods, the department maytake into consideration:

a) The methods scientifically developedand described in recognized official publica- tions such as the Journal of the Association ofOfficial Agricultural Chemists.

b) The methods approved by the UnitedStates, other states and other recognized agencies or organizations experienced in suchmatters.

3) In determining for administrativepurposes whether or not a commercial feed isdeficient in any component, the departmentshall be guided solely by the official sample asdefined in subsection ( 15) of ORS 633.006 andobtained and analyzed as provided by subsection (2) of this section.

4) When inspection and analysis of anofficial sample indicate that a commercialfeed has been adulterated or misbranded, theresults of analysis shall be forwarded by thedepartment to the registrant. Upon request, within 30 days, the department shall furnishto the registrant a portion of the sample analyzed.

5) Investigational samples which may beexamined otherwise than by the official method required by this section may be taken bythe department. For administrative purposes, only samples taken as directed by subsection3) of this section may be used. [ 1961 c.314 § 7;

1967 c 591 § 41

633.083

633.067 Rulemaking authority for

commercial feed law administration and

enforcement. The department may promulgate such rules and regulations for commer-

cial feeds as are necessary for the administration and enforcement of ORS 633.006 to

633.089 and 633.992, including but not limited to additional definitions, licensing requirements, registration and license fee require-

ments, labeling requirements, inspection andenforcement procedures, testing and analysisprocedures, and enforcement of federal com-

mercial feed programs under agreement withfederal agencies. [1971 c.489 §61

633.070 [Repealed by 1961 c 314 § 121

633.075 [ 1961 c.314 § §8, 9; part renumbered 633.081;

subsection ( 2) enacted as part of 1967 c.591 § 13; repealedby 1971 c 489 § 111

633.077 Testing and analysis of bulkcommercial feed and custom mixed feed; disclosure of test or analysis results. ( 1)

The department shall establish and maintain

a procedure, plan and system whereby a farmer, contract feeder or other person actuallyfeeding bulk commercial feed or custom mixedfeed to animals may request the departmentto sample and provide special official testingand analysis of such feeds. It is the purpose

and intent of this section that the departmentdesires to make its personnel, facilities andlaboratories available to such persons and todetermine if such feeds are in compliance withthe provisions of ORS 633.006 to 633.089 and

633.992 or for any other purpose which thedepartment may determine is reasonable andnecessary.

2) The department may provide for theobtaining, handling and testing of samples ofbulk commercial feed and custom mixed feedas provided in subsection ( 1) of this section,

including split sampling thereof with portionsof each sample being made available to theseller and to the contract feeder or person

feeding the feed to animals. Copies of thefinal results of the tests or analysis, whichshall not be a public record, shall be made

available only to the seller and to the contractfeeder or person feeding the feed to animals. 1967 c.591 § 81

633.080 [Repealed by 1961 c 314 § 121

633.081 [ Formerly part of 633 075, repealed by 1969c 131 § 5]

633.083 Cooperation with govern-

mental units. The department may cooperatewith and enter into contracts and agreements

1049

SUPERSEDED


with governmental agencies of this state,

other states, the Federal Government, countygovernments of this state or municipalities inthis state, in connection with the administra-

tion of ORS 633.006 to 633.089 and 633.992and of the provisions of federal laws or regula-

tions relating to the operation of animal feedmanufacturing plants in Oregon. [1971 c 489 § 81

633.085 [ 1963 c.212 §2; repealed by 1967 c.591 § 121

633.087 [ 1967 e. 591 § 11; repealed by 1971 c.489 § 111

633.088 Withdrawal from distributionof feeds sold or distributed in violation of

law; seizure of noncomplying feeds. ( 1)

When the department has reasonable cause to

believe any quantity or lot of commercial feedis being sold or distributed in violation of ORS633.006 to 633.089 and 633.992 or regulations

promulgated thereunder, it may, in accordance with ORS 561.605 and 561.620, issue andenforce a written " withdrawal from distribu-

tion" order, directing the distributor thereofnot to dispose of the quantity or lot of commercial feed in any manner until writtenpermission is first given by the department. The department shall release the quantity orlot of commercial feed so withdrawn whensaid law and regulations have been compliedwith.

2) Any quantity or lot of commercial feedfound by the department not to be in compliance with ORS 633.006 to 633.089 and633.992 or regulations promulgated thereun-

der, may be seized by the department in accordance with the provisions of ORS 561. 605

to 561.620. [ 1971 c.489 §91


ceived by department. The department

shall deposit all fees paid to it under the pro-

visions of ORS 633.006 to 633.089 in the De- partment of Agriculture Service Fund. Such

fees are continuously appropriated to thedepartment for the purpose of administeringand enforcing such sections. [ 1967 c. 591 § 7; 1979c 499 §301

633.090 [Repealed by 1961 c 314 §121

633.100 [ Repealed by 1961 c 314 §121

633. 110 [Repealed by 1961 c 314 § 121

633.120 [Repealed by 1961 c 314 § 121

633. 130 [Repealed by 1961 c.314 § 121

633.140 [ Repealed by 1961 c 314 § 121

633.210 [Repealed by 1961 c.314 §121

633.220 [Repealed by 1961 c.314 §121

633.230 [ Repealed by 1961 c.314 §121

633.240 [Repealed by 1961 c.314 §121

633.250 [Repealed by 1961 c.314 §121

633.260 [Repealed by 1961 c.314 §121

FERTILIZERS


1) " Agricultural amendment" means one

or more of the following, either mixed or unmixed: Synthetic organic chemical substance,

a chemically or physically modified naturalsubstance, a naturally occurring substance, or

a manufacturing byproduct, intended as asource of plant food, or to induce crop yields orplant growth, or to produce any physical orchemical change in the soil, but does not meana fertilizer, an agricultural mineral, lime or apesticide as defined in subsection ( 8) of ORS634.006, and does not include hays, straws, peat, leaf mold, unfortified animal manures,

sand and expanded silicates.

2) " Agricultural minerals" means miner-

al substances, mixtures of mineral substances,

and mixtures of mineral and organic sub-

stances, except animal manures, containing

less than five percent in available form ofnitrogen, phosphorus pentoxide ( phosphoric

acid) or potassium oxide ( potash), singly,

collectively or in combination, designed foruse principally as a source of plant food, ininducing increased crop yields or plant

growth, or producing any physical or chemicalchange in the soil, except lime, sand and soil.

3) `Brand" means a term, design or trademark used in connection with the distributionand sale of one or more grades of fertilizer, agricultural minerals, agricultural amend-

ment or lime.

4) " Bulk" or " bulk sale" is the sale, offer-

ing or exposing for sale or delivery, of fertilizer, agricultural minerals, agricultural amend-

ment, lime or custom mix, in:

a) Open containers, closed or open tote

boxes, closed or open tanks, closed or open

trailers or spreader trucks, all of which may

be further described and defined by the department; or

b) Other types of containers, vehicles or

conveyances recognized by the department. 5) " Fertilizer" means any substance, or

any combination or mixture of substances, designed for use principally as a source ofplant food, in inducing increased crop yields or

1050

SUPERSEDED

FEEDS, FERTILIZERS AND SEEDS 633.330

plant growth, or producing any physical orchemical change in the soil and shall contain

five percent or more of available nitrogen, phosphorus pentoxide ( phosphoric acid) or

potassium oxide ( potash), singly, collectivelyor in combination, except hays, straws, peatand leaf mold, and unfortified animal manures.

6) " Custom mix" means a mixture of

fertilizer, agricultural minerals, agriculturalamendment and lime, or any mixture of twoor more such products, each lot or batch of

which is mixed according to the specific instructions of, or prescribed for the special useof, the final purchaser.


8) " Grade" means the chemical analysisrequired to be stated on the label.

9) " Lime" means any substance or mixture of substances the principal constituent ofwhich is calcium carbonate, calcium hydroxideor calcium oxide, either singly or mixed witheach other. "Lime" includes dolomite.

10) " Package" means any closed container, regardless of size, but does not mean thereceptacle in which bulk is sold, exposed oroffered for sale or delivered.

11) " Percent" or " percentage" means

percentage by weight. [ Amended by 1955 c.235 § l; 1965 c.268 §1; 1977 c.799 § 11

633.320 Labeling fertilizers. ( 1) No

fertilizer, in package or in bulk, shall be sold, offered or exposed for sale, or delivered unlessthere is a printed label attached or applied tothe package, or, in the case of bulk sale aseparate invoice as prescribed in ORS 633.345, is furnished to the user or purchaser. Suchlabel or invoice shall state:

a) The brand under which the product issold.

b) The number of net pounds, or liquidmeasure, of fertilizer contained therein.

c) The name and address of the manufacturer, importer or dealer.

d) The grade of the product stated in theform and order prescribed by subsection (3) ofthis section.

2) Except as otherwise provided in subsection ( 4) of this section, in stating the gradeof the fertilizer, only the minimum percentages of nitrogen, phosphoric acid ( phosphoruspentoxide), and potash (potassium oxide) shall

be stated, in whole numbers only.

3) ( a) Except as otherwise provided insubsections (4) and (5) of this section, the labelshall state the grade guaranteed in the following form and order:

Total nitrogen ( N) percent

whole numbers only).

Available phosphoric acid (P2O5) percent (whole numbers only).

Available potash (K2O) percent

whole numbers only).

b) In addition to the total guarantees fornitrogen (N), specified in paragraph (a) of thissubsection, there may be shown on the label orinvoice, by indentation and subscript in smallletters, or as otherwise prescribed by the department, guarantees showing forms of nitrogen such as:

TOTAL NITROGEN (N) 10%

Organic (or water insoluble) 5%

Ammoniacal 3%

Nitrate 2%

c) In addition to guarantees of availablephosphoric pentoxide ( P2O5) and available

potassium oxide ( K2O), the percentage of

phosphorus (P) and potassium (K), respectively, may be shown by indentation and subscriptas prescribed by the department.

4) The grade guaranteed may be stated infractional rather than in whole numbers forfertilizers which have not been physicallycombined or mixed.

5) If the fertilizer consists entirely ofbone, or tankage, or natural organic phos- phates, in which all the phosphoric acid is notshown by laboratory methods to be available, the phosphoric acid content ( P2O5) may beguaranteed on the label, or invoice, as " totalphosphoric acid," but in no case shall both thetotal and available phosphoric acid be guaranteed on the same label or invoice. [ Amended by1955 c.235 § 2; 1959 c. 78 § 1; 1965 c.268 §2; 1977 c.799 §21

633.330 Labeling lime. ( 1) No lime

shall be sold, offered or exposed for sale, ordelivered to a user for agricultural purposes, in package form without a plainly printedlabel on or attached to each package containing such lime; or, if sold, offered or exposedfor sale, or delivered in bulk, an invoice asprescribed in ORS 633.345, shall be deliveredto the purchaser or user of such lime. The

1051

SUPERSEDED


invoice or label shall contain the following but for which only a small service charge isplainly printed information: made to the farmer or user. [ Amended by 1955

a) The brand under which the material issold.

b) The number of pounds in each packageor bulk lot.

c) The name of the particular form of thelime, such as ground limestone, shells, burntlime, lime hydrate, sugar lime, residue lime, dolomitic lime.

d) The name and principal address of themanufacturer or other person responsible for

placing the material on the market in thisstate.

e) The grade guarantee stating the minimum percentage of calcium oxide or carbonate

contained therein, the percentage of magnesi-

um oxide or carbonate contained, the mini-

mum total neutralizing power expressed interms of calcium carbonate and the percent-

age of material that will pass respectively a100 -mesh, 40 -mesh, 20 -mesh and 10 -mesh

sieve. The mesh size declaration may includea declaration of the percentage of materialthat will pass additional mesh sizes, but in

every case the mesh sizes specified in thisparagraph shall be included in the mesh size

declaration.

f) If over two percent, the maximum

moisture content shall be shown as follows: Moisture content does not exceed per-

cent (whole numbers only)."

2) No other form of label or invoice nor

any other chemical term shall be used thanthose specified in this section, nor shall any

misleading brand be used in designating thematerial.

3) The provisions of this section do not

apply to:

a) A manufacturer or person who permits

a user or farmer to haul or remove lime fromhis premises and does not sell such lime; or amanufacturer or person who hauls or deposits

residue lime, without selling the same, to alocation other than his premises, for use byfarmers, or for placing such lime at the disposal or distribution of persons who thereafterwill further dispose or distribute such lime tofarmers or users thereof.

b) A state agency, county, city, districtorganized on a nonprofit basis for public pur-

pose, political subdivision or municipal, quasi -

municipal or public corporation, distributingor dispensing residue lime which is not sold

C. 00 §3; 1965 c.268 §3]

633.335 Labeling agricultural amendments. ( 1) No agricultural amendment pack-

aged or in bulk shall be sold, offered or ex-

posed for sale or delivered unless there is aprinted label attached or applied to the pack-

age or, in the case of bulk sale a separateinvoice as prescribed in ORS 633.345 is furnished to the user or purchaser. Such label orinvoice shall state:

a) The brand name;

b) Guaranteed analysis: Name and per-

cent, by weight, of each active ingredientlisted consecutively followed by percent ofinert ingredients;

c) Purpose of product;

d) Direction for application;

e) Name and address of manufacturer ordistributor; and

f) The net contents.

2) No ingredient may be listed or guaranteed on the labeling of agricultural amendments without first obtaining approval of thedepartment. [ 1977 c 799 § 181

Note: 633 335 was enacted into law by the Legisla- tive Assembly and was added to and made a part of ORSchapter 633 but was not added to or made a part of any

series therein by legislative action See the Preface toOregon Revised Statutes for further explanation

633.340 Labeling agricultural minerals. No agricultural minerals shall be sold, offered or exposed for sale, or delivered to a

user without a plainly printed label on orattached to each package containing suchagricultural minerals, or if sold or delivered inbulk, an invoice as prescribed in ORS 633.345, shall be delivered to the user. The invoice orlabel shall contain the following plainly printed information:

1) The brand under which the material issold.

2) The number of pounds or liquid measure in each package or bulk lot.

3) The name and principal address of themanufacturer or other person responsible for

placing the material on the market in thisstate.

4) The grade, which shall state:

a) In case of sulphur, brimstone and

every agricultural mineral the principal in-

1052

SUPERSEDED


gredient of which is sulphur, the percentage ofsulphur therein.

b) In case of gypsum, land plaster, plasterand every agricultural mineral the principalconstituent of which is calcium sulphate, thepercentage of calcium sulphate therein

CaSO4. 2H2O).

c) In case of phosphate rock and everyother agricultural mineral the principal con-

stituent of which is calcium phosphate, thepercentage of both the available and the totalphosphoric acid in terms of phosphorus pen - toxide.

d) In case of any agricultural mineral notspecifically mentioned in this section, thepercentage of all constituents claimed to be

therein in terms of equivalents prescribed bythe department.

e) In case of any mixture of two or moreagricultural minerals, the percentage of each

principal constituent as prescribed in thissection. [ Amended by 1955 c.235 § 4; 1965 c.268 § 41

633.343 Determination of additionalguarantees of plant nutrients. In addition

to the guarantees of plant nutrients required

by ORS 633.320 to 633.340, guarantees maybe made of other plant nutrients from a listapproved by the department. Such list shall beestablished by the department after considering the statutes and regulations of the UnitedStates, and of other states, as well as therecommendations of Oregon State Universityand other recognized experts in this field. [1965c.268 §6]

Note: 633 343 and 633.345 were enacted into law bythe Legislative Assembly but were not added to or made apart of 633 310 to 633.480 by legislative action. See thePreface to Oregon Revised Statutes for further explanation

633.345 When invoices to be fur-

nished. The invoices required in subsection1) of ORS 633.320, subsection ( 1) of ORS

633.330 and in ORS 633.340, shall be furnished to the user or purchaser at the time:

1) Each separate delivery is made; or2) The last delivery is made of the entire

lot or sale thereof. If only one such invoice isdelivered, then prior thereto a delivery ticket, as prescribed by the department, shall befurnished with each separate delivery bytruck or other means. In addition to otherinformation, the delivery ticket shall show theproper lot number to identify the product withthe subsequent final invoice. [ 1965 c.268 § 51

Note: See note under 633.343

633.350 Sale of animal by- products. No person shall sell, offer or expose for salefor fertilizer purposes any leather, hair, woolwaste, hoof, horn, urea - formaldehyde conden- sation products, or similar materials, either as

such or mixed, unless they have been processed in such manner as to make their plant

food content available in conformity with thestandards established by the department, taking into consideration the standards ofactivity recommended by the Association ofOfficial Agricultural Chemists of NorthAmerica, and other recognized experts in

applicable fields. [Amended by 1965 c.268 § 91

633.360 [Repealed by 1955 c 235 §13]

633.361 Registration of brand and

grade; sale only under applicable brandand grade. ( 1) Except as otherwise providedby law, each brand and grade of fertilizer, agricultural minerals, agricultural amend-

ment or lime, whether in package or in bulk,

shall be registered with the department by themanufacturer of such product or his agent as

defined and prescribed by the department. Noperson shall sell, offer or expose for sale, ordeliver to a user fertilizer, agricultural minerals, agricultural amendment or lime exceptunder a registered brand and grade.

2) The application for registration of abrand of fertilizer, agricultural minerals,

agricultural amendment or lime shall be made

on forms provided by the department. Theapplication for registration of a brand of fertilizer, agricultural minerals, agricultural

amendment or a combination of registered

brands or grades as required by subsection (7) of this section, shall be accompanied by anannual registration fee of $25, and the application for registration of a brand of lime shallbe accompanied by an annual registration feeof $10. The application for brand registration

shall be made annually during the month ofDecember, and shall be accompanied by a listof the various grades of fertilizer, agricultural

minerals, agricultural amendment or lime the

applicant expects to market during the ensuing calendar year. The grades included onsuch list shall be considered the grades to beregistered for use during the ensuing calendaryear.

3) The registration of a new brand offertilizer, agricultural minerals, agriculturalamendment or lime, or a combination of regis-

tered brands as required by subsection ( 7) ofthis section, may be made at any time duringany calendar year upon application and pay-

1053

SUPERSEDED


ment of a registration fee for the balance ofthe calendar year of $ 25 if the brand is of

fertilizer, agricultural minerals, or agricultur-

al amendment or $ 10 if the brand is of lime. The application for registration of a new

brand shall be accompanied by a list of thevarious new grades of fertilizer, agricultural

minerals, agricultural amendment or lime

that the applicant expects to market duringthe balance of the calendar year under thenew brand. The grades included on such listshall be considered the grades to be registered

for use during the balance of the calendaryear.

4) The registration of a new grade within

a registered brand may be made any timeduring any calendar year upon applicationlisting the new grade to be registered and theregistered brand under which the new grade isto be used.

5) No fee shall be charged for the registration of a grade to be used under a regis-

tered brand.

6) Each manufacturer, importer or personwho has complied with ORS 633.310 to633.495 shall receive from the department a

certificate indicating the brands and gradesregistered by him.

7) Registration of a brand and grade offertilizer, agricultural minerals, agricultural

amendments or lime under ORS 633.310 to

633.495 relieves all retailers or other persons

from the necessity of registering such material, except that whenever registered brands or

grades representing two different sources ofmanufacture, not a custom mix, are combined

in one receptacle, for sale, or offered for sale,

or delivery in bulk, the person authorizing orresponsible for such mixture shall be deemeda manufacturer and shall register the combination as a new brand or grade.

8) A custom mix is not required to beregistered under this section. [ 1955 c.235 § 12;

1965 c 268 §10, 1977 c.799 §31

633.370 Disposition of fees. The department shall deposit all fees received pursuant to ORS 633.310 to 633.500 in the De- partment of Agriculture Service Fund and

such fees are continuously appropriated to thedepartment for the purpose of administeringand enforcing such sections. [ Amended by 1977

c 799 §4; 1979 c 499 §311

633.380 Methods of sampling and

analyzing. All sampling and analyses offertilizers, agricultural minerals, agricultural

amendments and lime under ORS 633.310 to633.495 shall be made according to methodsapproved by the department taking into consideration the methods agreed upon by theAssociation of Official Agricultural Chemistsof North America and the advice and opinions

of other qualified experts in applicable fields.

Amended by 1965 c.268 §11; 1977 c. 799 §51

633.390 Sampling and analysis. ( 1)

The department shall cause its authorizedofficers, employes and deputies to take samples of fertilizers, agricultural minerals, agri-

cultural amendments and lime, the brandsand grades of which have been filed with thedepartment, and cause analyses to be madethereof in accordance with ORS 633.380. The

analyses may include such other determinations as the department may, at any time, deem advisable. This section also applies to allsuch products in bulk and custom mixed.

2) In addition to such sampling, any authorized officer, employe or deputy of thedepartment may, for the purpose of determining whether ORS 633.310 to 633.495 are beingcomplied with, take samples of any fertilizer, agricultural minerals, agricultural amend-

ments or lime, sold, offered or exposed forsale, or delivered in Oregon, at such times andin such manner as he deems desirable.

3) Every person in possession of anyfertilizer, agricultural minerals, agricultural

amendments or lime shall grant free accessthereto, for the purpose of sampling, to anyauthorized officer, employe or deputy of thedepartment. [ Amended by 1955 c.235 § 5; 1965 c. 268

12; 1977 c.799 §61

633.400 [ Amended by 1955 c 235 § 6; 1965 c.268 §13; repealed by 1977 c.799 §71

633.410 [Repealed by 1969 c 131 § 51

633.420 False or misleading representations; ingredients listed if usefulness

substantiated. (1) No person shall make any

false or misleading representation in regard toany fertilizer, agricultural minerals, agricultural amendment or lime shipped, sold, of-

fered or exposed for sale by him in this state, either as principal or agent. No person shall

use any misleading or deceptive brand orgrade in connection therewith.

2) The department may allow an ingredient to be listed or guaranteed on the label orlabeling if satisfactory supportive data isprovided to the department to substantiate thevalue and usefulness of the ingredient. Thedepartment may require such supportive data

1054

SUPERSEDED


be submitted in order to verify any ingredientstatement or guarantee. [ Amended by 1955 c.2357; 1977 c. 799 §81

633.430 Refusal and cancellation ofregistration. The department may refuseregistration, or cancel the registration, of anybrand or grade of fertilizer, agricultural minerals, agricultural amendment or lime, the

sale of which would violate any of the provisions of ORS 633.310 to 633.495. The provi-

sions of ORS 183.310 to 183.500 relating tothe refusal and revocation of licenses by thedepartment shall apply to the refusal to register, or cancellation of the registration, of anybrand or grade of fertilizer, agricultural minerals, agricultural amendment or lime under

ORS 633.310 to 633.495. However, the registration of each grade shall be considered asbeing in the nature of a distinct and separatelicense and the refusal to register, or cancellation of the registration of any grade registeredor offered for registration by any person, shallnot affect the registration of any other gradeby the same person. [ Amended by 1955 c.235 § 8; 1961 c.425 § 18; 1977 c.799 §91

633.440 Administration and enforcement of ORS 633.310 to 633.495; withdrawal from distribution order; seizure of products. (1) The department shall administer andenforce ORS 633.310 to 633.495, and for thatpurpose may make rules and regulations notinconsistent with law.

2) The department shall prosecute anyviolations of those sections.

3) When the department has reasonablecause to believe any quantity or lot of fertilizer, agricultural mineral, agricultural amend-

ment or lime is being sold or distributed inviolation of ORS 633.310 to 633.495 or rules

promulgated thereunder it may, in accordancewith ORS 561.605 to 561.620, issue and enforce a written "withdrawal from distribution" order directing the distributor thereof not todispose of the quantity or lot of fertilizer, agricultural minerals, agricultural amend-

ments or lime in any manner until writtenpermission is first given by the department. The department shall release the quantity orlot of fertilizer, agricultural minerals, agricultural amendments or lime so withdrawn whensaid law or rules have been complied with.

4) Any quantity or lot of fertilizer, agricultural minerals, agricultural amendments

or lime found by the department not to be incompliance with ORS 633.310 to 633.495 or

rules promulgated thereunder may be seized

633.460

by the department in accordance with theprovisions of ORS 561.605 to 561. 620.

Amended by 1965 c.268 § 14; 1975 c. 129 § l; 1977 c. 79910]

633.450 Certificates relating to sample and analysis as prima facie evidence.

In any suit or action, civil or criminal, in anycourt of this state:

1) A certificate, signed and acknowledgedby a chemist in the employment of the department, relating to the analysis of any fertilizer, agricultural minerals, agricultural amend-

ment or lime shall be prima facie evidence ofthe fact that the samples mentioned in thecertificate were properly analyzed as provided

by ORS 633.380, and that the substancesanalyzed contained the component parts stat-

ed in such certificate of analysis.

2) A certificate, signed and acknowledged

by an authorized officer, employe or deputy ofthe department, relating to the sampling ofany fertilizer, agricultural minerals, agricultural amendment or lime shall be prima facieevidence of the fact that the samples mentioned in the certificate were taken as provid-

ed by those sections, and that the sampleswere taken from parcels, containers or lotsmentioned or described in the certificate. Amended by 1955 c.235 §9, 1977 c.799 §111

633.460 Inspection fees. ( 1) Each person who as set forth in subsection ( 3) of thissection is a first purchaser of fertilizers, agricultural minerals, agricultural amendments

or lime in this state shall pay to the department an inspection fee established by thedepartment by rule of:

a) Not to exceed 20 cents for each ton offertilizer, agricultural minerals, or agricultur-

al amendments purchased by such personduring each calendar year.

b) Not to exceed five cents for each ton of

gypsum, land plaster and every agriculturalmineral the principal constituent of which is

calcium sulphate (CaSO4. 2MO), purchased bysuch person during each calendar year.

c) Not to exceed five cents for each ton of

lime purchased by such first purchaser duringeach calendar year.

2) In computing the tonnage on which theinspection fee must be paid as required insubsection ( 1) of this section, sales or purchases of fertilizers, agricultural minerals, agricultural amendments and lime in individ-

ual packages weighing five pounds net or less, and sales of fertilizers, agricultural minerals,

1055

SUPERSEDED


agricultural amendments and lime for shipment to points outside this state, may be ex- cluded.

3) " First purchaser" or " purchased" for

the purpose of this section, except as other-

wise prescribed by the department, means thefirst person in Oregon who buys or purchases,

or who takes title to, or who handles, receivesor obtains possession of, fertilizer, agricultural minerals, agricultural amendments or lime.

The department after public hearing and asauthorized under ORS 183.310 to 183.500,

may further define and may prescribe " firstpurchaser" for practical and reasonable rules

necessary to effectuate the provisions of thissection.

4) The provisions of ORS 561.450 also

apply to any person who refuses to pay inspection fees due the department. [ Amended by 1955c.235 §10; 1959 c.78 §2; 1965 c.268 §15; 1977 c 799 § 121

633.470 Report of amounts sold; col-

lection of unpaid inspection fees. ( 1) Each

person made responsible by ORS 633.460 andthis section for the payment of inspection feesfor fertilizers, agricultural minerals, agricul-

tural amendments or lime sold in this stateshall file a report with the department on

October 1, January 1, April 1 and July 1 ofeach fiscal year of the number of tons of such

materials sold during the three calendarmonths immediately preceding the date thereport is due. The proper tonnage fee shall beremitted with the report. The person required

to file the report and pay the fee shall have a30-day period of grace, immediately followingthe day the report and payment are due, tofile the report and pay the fee.

2) The report required by this sectionshall not be a public record. No person shall

divulge any information given in such reportwhich would reveal the business operation of

the person making the report. However, nothing contained in this subsection shall be construed to prevent or make unlawful the use of

information concerning the business operationof a person in any action, suit or proceedinginstituted under the authority of ORS 633.310to 633.495, including any civil action for collection of unpaid inspection fees, which action

hereby is authorized and which shall be as anaction at law in the name of the director of thedepartment. [ Amended by 1963 c. 43 § 1; 1965 c268

16; 1977 c.799 §131

633.475 Required records on custom

mixes; registration not required; availabil-

ity of records for inspection. (1) Each per-

son mixing or selling a custom mix shall keepfor a period of at least one year after mixingthereof, a record showing:

a) The name and address of the purchas-

er, the date of mixing, the identifying codenumber of each mixture and any other information prescribed by the department.

b) The guarantees and information setforth in ORS 633.320, 633.330 or 633.340, as

the case may be, or a list of the registeredingredients showing the number of poundsand the grade of each ingredient in each mixture and batch.

2) Undelivered parts of a mixture or

batch shall at all times be identified with thepurchaser's name and code number.

3) Custom mixes are not required to beregistered with the department.

4) The records required by this sectionshall be available for inspection during business hours by either the purchaser or thedepartment. [ 1965 c.268 § 71

633.480 [ Repealed by 1965 e.268 §181

633.485 Required reports on fertilizers, minerals, amendments and lime. ( 1)

Each registrant, manufacturer or other person

importing fertilizer, agricultural minerals,

agricultural amendment or lime, shall file aconfidential report with the department on

October 1, January 1, April 1 and July 1 ofeach fiscal year, of the number of tons and

such other information as may be deemednecessary relating thereto by the department, of such materials sold or delivered into

Oregon during the three calendar monthsimmediately preceding the date the report isdue. The person required to file the reportshall have a 30-day period of grace, immediately following the day the report is due.

2) The report required by this section, except as herein provided, shall not be a pub-

lic record. The department may accumulateand publish statistics and such other informa-

tion from such reports, as may be of interestand benefit to the entire fertilizer, agricultural mineral and lime industry, but in suchmanner as not to divulge the operation of anyperson. [ 1965 c.268 § 17; 1977 c.799 § 141

633.495 Use of pesticides in fertilizers, minerals, amendments and lime subject to ORS chapter 634. In a fertilizer, agricultural minerals, agricultural amend-

ment or lime mix in which a pesticide is con-

tained, all applicable provisions of ORS chap-

1056

SUPERSEDED


ter 634 must be complied with; and nothing inORS 633.310 to 633.495 is intended to supersede provisions of ORS chapter 634. [ 1965 c. 2688; 1977 c 799 §15, 1979 c 29 § 11

633.500 Voluntary analysis of fertilizer, minerals, amendments or lime; test

results not public record. ( 1) The depart-

ment shall establish and maintain a system

whereby any person using fertilizer, agricultural minerals, agricultural amendments orlime or custom -mixed fertilizer, agricultural

minerals, agricultural amendments or lime

may request the department to sample andprovide special testing analysis of such fertilizer, agricultural minerals, agricultural

amendments or lime, in order to determine ifsuch fertilizer, agricultural minerals, agricultural amendments or lime is in compliancewith the provisions of ORS 633.310 to633.495.

2) The department may obtain and testsamples of bulk fertilizer, agricultural minerals, agricultural amendments or lime or

custom -mixed fertilizer, agricultural miner-

als, agricultural amendments or lime as pro-

vided in subsection ( 1) of this section, includ-

ing split sampling thereof with portions ofeach sample being made available to the sellerand to the user. Copies of the final test oranalysis results, which shall not be a public

record, shall be made available only to theseller and to the user of the fertilizer, agricul-

tural minerals, agricultural amendments orlime. [ 1977 c 799 § 171

SEEDS

633.510 [Repealed by 1955 c 379 §23]


1) " Agricultural seed" means fiber, forageand grass crop seed and any other kind of seedor bulblet commonly recognized in this stateas agricultural seed or as lawn or turf seed,

and mixtures of any of such seeds.

2) " Certified," as applied to bulblets, tubers or horticultural plants or to agricultural, vegetable or cereal grain seed, means in-

spected and labeled by and in accordance withthe standards and rules and regulationsadopted by the dean under ORS 633.620 or inaccordance with similar standards established

by some similar regularly constituted authority in another state or country.

633.511

3) " Coarse kinds" means all other kinds

of seed not identified and established by thedirector.

4) " Dean" means the dean of the school of

agriculture of Oregon State University, or hisagent.

5) " Director" means the Director of Agri-

culture, or his agent.

6) " Fine- textured grasses" means those

kinds of seed identified and established by thedirector pursuant to ORS 633.680.

7) " Inert matter" includes stones, dirt,

leafage, stems, badly broken seed, other similar matter and masses of spores.

8) " Labeling" includes all labels and

other printed, written or graphic representa-

tions in any form on the container of anyseeds or accompanying or pertaining to anyseeds, whether in bulk or in containers, andincludes representations on invoices.

9) " Mixed seed" and " mixture" mean anylot of seed that contains in excess of five per-

cent by weight of each of two or more kinds ofagricultural or vegetable seed.

10) " Other crop seed" means that part ofany lot or sample of seed that consists of theseed of cereal grain and agricultural and

vegetable seeds other than those named on the

label.

11) " Percentage of germination" means

the percentage of pure seed of a lot or sample

that produces satisfactory sprouts before theclose of a standard germination test as pre-

scribed pursuant to ORS 633.580.

12) " Percentage of hard seed" means the

percentage of pure seed of any lot or samplethat remains in its normal hard condition atthe close of a standard germination test asprescribed pursuant to ORS 633.580.

13) " Prohibited noxious weed seed"

means the seed of perennial weeds which

when established are highly destructive, com- petitive and difficult to control by ordinarygood cultural practice. Such weeds include theweeds listed in subsection ( 1) of ORS 633.561.

14) " Pure seed" means the agricultural orvegetable seed of which there is the largest

percentage by weight in any unmixed lot orsample and, in the case of mixtures, includes

any agricultural or vegetable seed consistingof not less than five percent by weight of thekind or kinds of seed under consideration, as

distinguished from other crop seed, weed seedand inert matter.

1057

SUPERSEDED


15) " Restricted noxious weed seed" means

the seed of such weeds as are very objectionable in fields, lawns and gardens but can be

controlled by good cultural practice. Such

weeds include the weeds listed in subsection2) of ORS 633.561.

16) " Retailer" means any person who

sells, offers or holds for sale, agricultural orvegetable seed to ultimate consumers or users

for planting purposes.

17) " Wholesaler" means any person whosells, offers or holds for sale, agricultural orvegetable seed to retailers, distributors, bro- kers or other wholesalers for resale.

18) " Vegetable seed" means the seed of

those crops usually grown in Oregon in gardens or on truck farms or for canning andfreezing purposes and generally known andsold under the name of vegetable seed.

19) " Weed seed" means any seed or bulblets other than agricultural, vegetable or

cereal grain seed. [ 1955 c379 § 2; 1969 c. 132 § 1;

1977 c.625 §11

633.520 Labeling agricultural seed.

Each container of agricultural seed sold, of-

fered or exposed for sale, or transported within this state shall bear thereon or have attached thereto in a conspicuous place a legiblywritten or printed label or tag stating in theEnglish language:

1) The commonly accepted name of thekind or the kind and variety of each agricultural seed component constituting five percentor more of the whole and the percentage byweight of each. If any such component is onewhich the director, pursuant to ORS 633.680,

has determined is generally labeled as tovariety, the label or tag shall bear, in additionto the name of the kind, either the name of

such variety or the statement " Variety NotStated." If more than one agricultural seed isnamed, the word " mixture" or the words " mix-

ed seed" shall appear conspicuously on thelabel or tag.

2) The country or state where grown. Ifunknown, the fact that the country or statewhere grown is unknown shall be stated.

3) The lot number or other lot identification.

4) The total percentage, by weight, ofother crop seed.

6) The total percentage, by weight, ofinert matter.

7) The name and number per pound of

each kind of restricted noxious weed seed.

8) For each named agricultural seed:

a) The percentage of germination.

b) The percentage of hard seed, if morethan one percent.

9) The month and year the test to determine the data required by this section wascompleted.

10) The name and address of the personwho labeled the seed or who sells, offers or

exposes such seed for sale within the state.

11) The year and month beyond which an

inoculant, if shown in the labeling, is no longer claimed to be effective.

12) If such seed or mixture is intended forlawn or turf purposes, the words " fine -

textured grasses" and " coarse kinds" as applicable.

13) If such seed or mixture is intended for

seeding purposes and has been treated, thefollowing:

a) A statement that the seeds have beentreated.

b) The commonly accepted chemical orabbreviated chemical name of any substance

used in such treatment.

c) A descriptive statement, approved bythe director as adequate for the protection of

the public, of any process used in such treatment.

d) If the substances used in such treat-

ment in the amount remaining with the seedsis harmful to humans or other vertebrate

animals, an appropriate warning statement,

approved by the director as adequate for theprotection of the public.

14) A statement of the net quantity of thecontents of each container in terms of the netweight of such container. [ Amended by 1955 c.379

3, 1969 c. 132 §2]

633.530 [Repealed by 1955 c.379 §231

633.531 Labeling vegetable seed

weighing one pound or less. Each containerof vegetable seed that is sold, offered for sale, exposed for sale or transported within thisstate and that has a net weight of one pound

or less shall be legibly labeled:

5) The total percentage, by weight, of ( 1) With the commonly accepted name ofweed seed. the kind or the kind and variety of the seed.

1058

SUPERSEDED


2) With the name and address of theperson who labeled the seed or who sells, offers or exposes such seed for sale within thisstate.

3) With the name and number per poundof each kind of restricted noxious weed seed.

4) In the case of seed which has a percentage of germination less than the standard

prescribed by the director under authority ofORS 633.680, with:

a) The percentage of germination.

b) The percentage of hard seed, if morethan one percent.

c) The month and year the test to deter-

mine the data required by this section wascompleted.

d) The words " substandard germination" in not less than eight point bold face type.

5) With the labeling data required bysubsections ( 13) and ( 14) of ORS 633.520. 1955 c.379 §4; 1969 c. 132 §31

633.540 [Repealed by 1955 c.379 §231

633.541 Labeling vegetable seed

weighing more than one pound. Each con-

tainer of vegetable seed weighing more thanone pound net weight shall be labeled with:

1) The name of the kind and variety ofthe contents.

2) The lot number or other lot identification.

3) The name and number per pound ofeach kind of restricted noxious weed seed.

4) The percentage of germination or, ifthe percentage of germination meets or ex-

ceeds the standard established by the directorpursuant to ORS 633.680, at the option of theperson for whom the container is labeled, thewords " Oregon Standard Germination."

633.561

of agricultural or vegetable seed, or both,

shall be labeled with the data required to bepresent on containers of agricultural or veget-

able seed prescribed in ORS 633.520, 633.531

and 633.541. [ 1955 c.379 §61

633.550 Exemptions from labelingprovisions. (1) In the following cases agricultural or vegetable seeds, or mixtures of agri-

cultural or vegetable seeds, or both, are ex-

empt from the labeling provisions of ORS633.520, 633.531 and 633.541, except that anylabeling or other representation that is madewith respect to such seed shall conform to

those sections:

a) When sold to be recleaned before beingsold, offered or exposed for sale for seedingpurposes.

b) When held in storage or consigned to a

seed cleaning or processing establishment forcleaning or processing.

c) When held, sold or exposed for sale for

milling, food or feeding purposes only. 2) Containers of agricultural or vegetable

seeds, or mixtures of agricultural or vegetable

seeds, or both, are exempt from the labelingprovisions of ORS 633.520, 633.531 and

633.541 when such containers are filled in thepresence of the purchaser from bins or other

bulk display containers if such bins or bulkdisplay containers are labeled with the information otherwise required to be present on

individual packages of such seed. [ Amended by1955 c.379 §7]

633.560 [Repealed by 1955 c.379 §231

633.561 Preparation of list of prohib-

ited noxious weed seeds and restrictednoxious weed seeds. The director shall prepare:

1) A list of prohibited noxious weed seeds,

5) The percentage of hard seed, if more which list shall include:

than one percent. ( a) Austrian field cress, Rorippa austriaca.

6) The month and year the test to deter-

mine the data required by this section wascompleted.

7) The name and address of the personwho labeled such seed or who sells, offers orexposes such seed for sale within this state.

8) The labeling data required by subsections ( 13) and ( 14) of ORS 633.520. [ 1955 c 379

5; 1969 c. 132 §4]

633.545 Labeling bins and bulk displays. All bins and other bulk displays ofagricultural or vegetable seed, and mixtures

b) Camelthorn, Alhagia pseudalhagi.

c) Canada thistle, Cirsium arvense.

d) Halogeton, Halogeton glomeratus.

e) Leafy spurge, Euphorbia esula.

f) Perennial sow thistle, Sonchus arven- s1s.

g) Quack grass, Agropyron repens.

h) Russian knapweed, Centaurea picris.

i) Tansy ragwort, Senecio jacobaea.

j) The white tops, Cardaria draba and itsvarieties, C. pubescens.

1059

SUPERSEDED


k) Wild garlic, Allium virieale. ( c) Means of effective control or eradica-

L) Wild morning glory or bindweed, Con - volvulus arvensis.

2) A list of restricted noxious weed seeds, on which list the director, with the concur-

rence of the dean, shall specify the number ofsuch seeds per pound that may be present inagricultural or vegetable seed. The list shall

include:

a) Alkali mallow, Sida hederacea.

b) Blue lettuce, Lactuca pulchella.

c) Buckhorn plantain, Plantago lanceola-

ta.

d) Corn cockle, Agrostemma githago.

e) Deathweed or sumpweed, Iva axillaris.

f) Dodders, Cuscuta spp.

g) Puncture vine, Tribulus terrestris.

h) Rumex spp. i) St. Johnswort or goatweed, Hypericum

perforatum.

Q) The star thistles, Centaurea melitensis, C. solstitialis, C. iberica, C. calcitrapa. [ 1955

c.379 § 151

633.570 [ Repealed by 1955 c 379 §231

633.571 Changes in lists; publicationof changes. (1) The director, with the concur-

rence of the dean, may make the followingchanges in the list of prohibited noxious weed

seeds or in the list of restricted noxious weed

seeds:

a) The addition to either list of the name

of the seed of any weed.

b) The removal from either list of the

name of the seed of any weed not mentionedin ORS 633.561.

c) A change in the list of restricted noxi-

ous weed seeds of the number of such seeds

per pound that may be present in agriculturalor vegetable seed.

2) In determining whether the name ofthe seed of any weed should be added to orremoved from either list, or whether a change

should be made in the number of any restricted noxious weed seed that may be present inagricultural or vegetable seed, the director

and the dean shall consider the followingfactors:

a) The prevalence of such weed in the

state.

b) The potential effect upon the seed

industry and agriculture generally.

tion.

d) Toxicity to animals, including humans. e) Methods of separation from other

seeds.

f) Any other factor that may in the judgment of the director and the dean be a reason-

able ground for making such change.

3) The director shall cause all changes

made pursuant to this section to be given tothe press and printed in pamphlet form available for distribution. [ 1955 c.379 § 161

633.580 Seed testing laboratory; cooperative agreements with federal agen-

cy. (1) The dean shall maintain and operate aproperly equipped seed testing laboratory inconnection with the agricultural experiment

station at Oregon State University and shallmake all tests, including germination tests, onregulatory samples agreed upon as necessary

by the director and the dean and in accordancewith rules and regulations, promulgated after

agreement, by the director.

2) The dean may enter into cooperativearrangements with the United States Depart- ment of Agriculture for research work in seed

testing and for such portion of the regulatoryand general seed testing work as may be mutually agreeable. [ Amended by 1955 c.379 §sl

633.590 [ Repealed by 1955 c.379 §231

633.600 Fees for seed tests; rules and

regulations. (1) The dean may authorize theseed testing laboratory to make seed tests forcertification purposes and commercial tests

for the use of any person.

2) The dean may fix and determine thefee or charge for seed testing work so as tocover the cost.

3) The dean may make reasonable rulesand regulations covering any phase of seed

testing, require the payment of the fees andcharges and refuse further seed testing to anyperson failing to pay promptly the charges forhis seed testing. [ Amended by 1955 c.379 §91

633.610 Seed testing fund. All moneyscollected as fees or charges for seed testingwork shall be deposited in a special fund to be

known as the seed testing fund. The fundshall be maintained by the dean, who mayexpend such funds, in the manner usuallyemployed by the experiment station in disbursement of receipts, for:

1060

SUPERSEDED


1) Salaries, wages and necessary expen- ( c) Other expenses necessary to the carry - ses of employes while on official duty. ing out of such inspection and certification.

2) The purchase of necessary equipment, materials and supplies.

3) Other expenses necessary to the carrying out of seed testing work.

633.620 Certification of seeds, tubersand plants. ( 1) The certification of varieties

of agricultural, cereal grain or vegetable

seeds, or of tubers or horitcultural plants, for

planting purposes as certified seeds, tubers orplants shall be conducted in this state by thedean.

2) The varieties eligible for certification,

the rules and regulations and standards for

such certification that will provide for seed of

high quality and the official seals and tagsshall be determined upon and adopted by thedean.

3) The dean may establish field inspection fees and charges for inspection and certification in an amount sufficient to cover the

cost of such work. The dean may also chargethe approximate cost price for tags, ties and

seals and make charges covering the cost offield, threshed -seed or bin inspections when

such inspections are called for at such times

and places as to involve a total expense in

excess of the income from the established feesor charges. In all cases the fees and charges

shall be fixed at a rate that will cover theapproximate cost of the work.

4) The dean may authorize the inspectionand certification of tubers and agricultural, cereal grain and vegetable seeds without the

collection of fees when grown in areas not in

excess of one acre by members of 4 -H Clubsand of the Future Farmers of America.

Amended by 1955 c.379 §101

633.630 Certification fund. ( 1) All

moneys collected as fees or charges for inspec-

tion and certification of agricultural, cereal

grain and vegetable seeds, and of tubers and

horticultural plants, shall be receipted for and

deposited in a special fund to be known as thecertification fund. The fund shall be main-

tained by the dean, who may expend suchfunds for no other purposes than the follow-

ing:

a) Salaries, wages and necessary traveland other expenses of employes while on offi-

cial duty.

b) The purchase of necessary equipment, materials and supplies.

2) The expenditures shall be made inaccordance with the usual disbursement ofreceipts of the cooperative agricultural exten-

sion service. [ Amended by 1955 c.379 § 111

633.640 Dean may employ assistants. For the purposes of performing the dutiesassigned to him, in carrying out ORS 633.511to 633.750, the dean may employ necessaryassistance and delegate to such assistants,

analysts and inspectors so employed the duties

assigned to him by those sections.

633.650 [Repealed by 1955 c.379 §231

633.651 Prohibited acts. ( 1) No person

shall sell, offer for sale, expose for sale or

transport for use in planting in the State ofOregon any agricultural or vegetable seedthat:

a) Except as provided in ORS 633.550,

has not been labeled as required by ORS633.520, 633.531 and 633.541.

b) Bears a label that is false or mislead-

ing.

c) Contains any prohibited noxious weedseeds.

d) Contains restricted noxious weed seeds

in excess of the permissible numbers per

pound established under subsection (2) of ORS633.561 or subsection (2) of ORS 633.571.

e) Has not been tested within the 18

months next preceding such sale, offering forsale, exposure for sale or transportation, not

including the calendar month in which thetest was completed, to determine the percent-

age of germination for the labeling requirements of ORS 633.520, 633.531 and 633.541.

The director may, pursuant to the authority ofORS 633.680, establish by order a shorterperiod for kinds of seed which he finds under

ordinary conditions of handling will not maintain a germination within the established

limits of tolerance during an 18 -month period, or longer period for kinds of such seed which

are packaged in such container materials and

under such conditions as the director maydetermine will, during such longer period, maintain the viability of the seed under ordinary conditions of handling. Any person inpossession of seeds shall keep on file availablefor department inspection the original or

duplicate copy of the latest test made of suchseeds which shall show, in addition to the

information required by the provisions of this

1061

SUPERSEDED


section, the date and the name of the person

making such test.

2) No person shall substitute uncertifiedfor certified seed.

3) No person shall use tags or seals indi-

cating certification other than as prescribedby a certification agency, as authorized byORS 633.620 or subsection (2) of ORS 633.511.

4) Unless the tuber, horticultural plant oragricultural, vegetable or cereal grain seed

has been produced, tested, examined and

labeled in accordance with ORS 633.511 to633.750 and the rules and regulations of this

state or the official certification agency ofanother state, territory or country, no personshall:

a) Sell, offer for sale, expose for sale,

advertise or transport any such tuber, plant orseed representing it to be certified.

b) Use in connection with such tuber,

plant or seed any tags or seals similar to thoseused in official certification, as establishedpursuant to ORS 633.620 or subsection ( 2) of633.511. [ 1955 c.379 § 12; 1957 c 407 § 1; 1969 c 132

51

633.655 When penalties not applica-

ble. No person shall be subject to the penal-

ties of ORS 633.992 for having sold, offeredfor sale, exposed for sale or transported in this

state any agricultural or vegetable seed, that:

1) Is incorrectly labeled or represented asto kind and variety or origin, which seedscannot be identified except by a field testthereof, when such person:

a) Obtains an invoice or grower's declara-

tion stating the kind, or kind and variety, andorigin, if required;

b) Takes such invoice or grower's declaration in good faith; and

c) Takes such other precautions as are

reasonable to insure the identity of the seedsto be as stated.

2) Does not conform to the label on thecontainer thereof, but is within the tolerances

authorized by the director under subsection ( 1) of ORS 633.680. [ 1955 c 379 §21; 1971 c.489 §41

633.660 Enforcement and administration. The director shall enforce ORS 633.511to 633.750. However, the enforcement of certi-

fication regulations and the work of testingseeds and sampling, inspecting, sealing andcertification labeling of tubers and horticultural plants and of agricultural, cereal grain

and vegetable seeds for certification, as pro-

vided by ORS 633.600 to 633.640, shall bedone by the dean. [Amended by 1955 c.379 § 131

633.670 Inspection and sampling ofseeds; seizure of seeds; report of test. (1) In

the enforcement of ORS 633.511 to 633.750, the director, his deputies, inspectors or sam-

plers may:

a) Enter during regular business hoursany store, warehouse, mill, cleaning or storageplace, depot or other structure, freight car or

other vehicle, in which agricultural or vegeta-

ble seeds are being stored, handled or transported.

b) Either alone or in the presence of arepresentative or employe of the person whose

premises are so entered, examine and inspect

any agricultural or vegetable seeds beingpossessed, sold, offered or exposed for sale for

planting purposes, in this state, for their

compliance with those sections.

c) Draw or cause to be drawn a represen-

tative sample of any lot of such seed for official testing and analysis or, in the case ofindividually packaged seeds, select a numberof such packages as a representative sample.

2) Any sample so drawn may representany lot, or portion of such lot, of such seedwhich shall be divided, at the request of the

owner or person in charge, into two approxi-

mately duplicate samples, each of which shallbe properly identified, labeled and sealed inaccordance with the rules and regulations

adopted under ORS 633.680. One of the sam-

ples shall be transmitted to the agricultural

experiment station seed laboratory at OregonState University for official testing for regulatory purposes. The other sample shall be ten- dered to the representative of the organizationfrom whose structure or vehicle the sample

was taken.

3) The director may seize any container ofagricultural or vegetable seed possessed, sold,

offered or exposed for sale for planting purposes in this state that appears to be in viola-

tion of any of the provisions of ORS 633.511 to633.750, and proceed in the manner directed

by law for the disposal of products seized bythe department.

4) Any sample taken under those sections, and the report showing the results ofthe official test made on any such sample, shall be prima facie evidence in any court inthis state of the true condition of the entire

lot, in the examination of which the samplewas taken.

1062

SUPERSEDED


5) A copy of the result of any such testshall be mailed to the person or his authorized

representative, if known, owning, possessingor holding the seed from which the samplewas drawn.

6) The director may cause to be publishedin the official paper or bulletin of the department a report of all seed inspection work done

for regulatory purposes and shall indicate inthe report:

a) The name and address of each personwhose seed was inspected.

b) The total number of such inspections.

c) The number and kind of seeds of which

samples were inspected and tested.

d) The number or a list of samples com-

plying with ORS 633.511 to 633.750.

e) A detailed list showing kinds of seedand the nature of violations of any of theprovisions of those sections as found in the

inspection and testing of any such seeds be- longing to any such person. [ Amended by 1955c.379 §14]

633.680 Establishment of standardsof germination; rules, regulations; fees

and charges. (1) The director shall establish

standards of germination for vegetable seed, and shall make reasonable rules and regula-

tions necessary to effectuate the purpose ofORS 633.511 to 633.750, covering:

a) Licensing, suspension, reinstatementand revocation of licenses, which rules and

regulations shall conform to the law govern-

ing suspension, refusal or revocation of licenses by the State Department of Agricul- ture.

b) Regulatory and official sampling.

c) Labeling of seeds, including such additional information as may be required in orderto maintain uniformity with the laws andregulations of the Federal Government or ofother states.

d) Quarantining, which rules and regulations shall conform to the law for establish-

ment of quarantines by the State Departmentof Agriculture.

e) Seizure, treatment and disposition ofseeds from outside this state.

f) Seizure of seeds.

g) Changes in the list of prohibited noxious weed seeds and in the list of restricted

noxious weed seeds.

633.690

h) Tolerances for differences between the

contents of a container of agricultural or

vegetable seed and the label thereon.

i) The identity of fine - textured grasses.

0) The identity of varieties of agriculturalseed required by ORS 633.520.

k) The variations in time provided for in

ORS 633.651.

L) The use and labeling of hermeticallysealed or other types of containers or conveyances involving seeds.

2) The director may establish fees andcharges for official sampling, applied for bythe owner, at an amount sufficient to cover

the cost. He may also establish reasonablecharges covering issuance of permits, and thetreatment and disposition of seeds seized and

held under quarantine. However, in any casewhere the service involved is in such locationor under such circumstances that the usual

fees or charges are insufficient to cover the

expense, he may make additional charges toavoid loss to this state. [ Amended by 1955 c.379

17; 1969 c 132 §61

633.690 Quarantine of seed enteringstate; disposition of nonconforming seed. 1) The director may place a quarantine on all

agricultural or vegetable seed entering thisstate from any outside source. However, seedlabeled in accordance with ORS 633.520,

633.531 and 633.541 shipped into the state byany person holding an Oregon license in fullforce shall not necessarily be quarantined; and any such seeds in tight containers intransit directly through this state, to pointsoutside this state, shall not be subject to quar-

antine. Any such seeds from outside this state, that are destined to points in this state for

processing or conditioning purposes, for lateruse in this state, or for shipment from this

state, shall be held under quarantine until

such seeds comply with ORS 633.511 to633.750.

2) The director may draw necessary samples of such seed and hold such seed until the

necessary tests are completed • and arrange- ments for the disposition of the seed are con- summated. If the seed is found to be in compliance with those sections it shall be immediate-

ly released. If the seed is found to be in violation of any part of those sections, he shall sonotify the shipper and, unless the director isinstructed to return such seed within 30 daysor unless such seed is put in condition to com-

ply with the provisions of those sections and

1063

SUPERSEDED


all costs covering such inspection and seizure see continues to violate those sections, the

are paid, he shall cause the seed to be de- department may suspend his license in thestroyed. [ Amended by 1955 c.379 § 181 same manner as provided by law for the sus-

pension of licenses by the State Department of633.700 Licenses to sell seed; fees. ( 1)

No person may sell, offer or expose for sale inthis state any agricultural or vegetable seedsunless he holds an unsuspended license, infull force, secured from the director for the

current calendar year. However, any personselling seeds of his own production exclusively, and persons selling only vegetable seeds atretail, in packages weighing not in excess ofone -half pound, as prepared for such trade byother seed companies, if the seed companypreparing such packaged seed for sale, has alicense in force for the sale of such seed in this

state, is not required to secure such license.

For the purposes of this section, persons oper-

ating more than one branch, plant or warehouse where seeds are sold, offered or exposed

for sale shall secure a separate license for

each such branch, plant or warehouse.

2) Any person desiring to sell, offer orexpose for sale in this state any agriculturalor vegetable seeds, for planting purposes, except as provided in this section, shall make

application to the director for a license for this

purpose. The application shall be signed bythe applicant or his authorized agent and

shall be in a form approved by the director. Upon presentation of such signed application

for a license and the tendering of the licensefee established by the department pursuant tosubsection (3) of this section, the director shall

issue the license to the applicant. It shall be in

force during the calendar year or so long asthe licensee complies with those sections and

the rules and regulations adopted from time to

time by the director. 3) The department shall establish annual

license fees, not to exceed $ 5 for a retailer's

license and not to exceed $ 50 for a wholesal-

er's license. Only one license shall be requiredfor one person's operation at one location.

Amended by 1955 c.379 § 19, 1957 c.407 § 2; 1977 c 6252]

633.710 Department action on viola-

tions by licensee. ( 1) When the department

finds that any licensee fails to label seedproperly, or the results of regulatory testsshow that the labeling is not in accord withthe results of tests on officially drawn samples, or otherwise violates the terms of this

agreement and the provisions of ORS 633.511to 633.750, the department shall issue a writ-

ten warning, stating the violation. If the licen-

Agriculture. The licensee shall have the same

right to a hearing and appeal to the courts asprovided by law in such cases.

2) After hearing, the department mayreinstate the license if the violation is clearlyaccidental, reinstate the license for a proba-

tionary period of not more than six months orrevoke it permanently. A summary of allpertinent facts and findings in such cases

shall be published in the official publication of

the State Department of Agriculture.

633.720 Sampling and testing on request of owner of seed. On application of

any person owning or controlling any lot ofseed, the director may draw an official sampleof any lot of such seed for official testingpurposes. After dividing the sample into twoapproximately equal portions and properly

identifying, labeling and sealing them, heshall tender one portion to the applicant and

shall send the other portion directly to theagricultural experiment station for testing. The experiment station shall report the re-

sults of such tests to the person for whom such

sample was drawn, and he shall pay for suchsampling at rates established by the director, in accordance with ORS 633.680, and for the

seed testing at commercial rates as established by the dean in accordance with ORS633.600.

633.730 [ Amended by 1955 c 379 §20; 1957 c.407 § 3; repealed by 1959 c 31 § 11

633.740 [ Repealed by 1959 c 31 § 11

633.750 Disposition of fines, fees and

charges under ORS 633.511 to 633.750. All

fees paid to the department pursuant to ORS

633.511 to 633.750, other than the fees andcharges specified in ORS 633.610 and 633.630,

shall be deposited in the Department of Agri- culture Service Fund. All such moneys are

continuously appropriated to the departmentfor the purpose of carrying out those sections. Amended by 1979 c 499 §321

PENALTIES

633.990 [ Amended by 1955 c 379 §22, 1961 c 314 §10, subsection ( 1) enacted as 1961 c 314 § 11, repealed by 1971c 489 § 11]

1064

633.992 Penalties. Violation of any of

SUPERSEDED

FEEDS, FERITLIZERS AND SEEDS 633.992

the provisions of this chapter or regulations

promulgated thereunder is a misdemeanor.

1971 c.489 §101



1065

SUPERSEDED


1066

SUPERSEDED

Chapter 634


Pesticide Control

GENERAL PROVISIONS

634.006 Definitions

634.012 Short title; policy statement

REGISTRATION, LABELING AND USE

634.016 Registration of pesticides and application

Protected area as governmental subdivi-

devices; contents of application; restric-

sion upon completion of required filings

tion on distribution and use by depart-

Determination of lawful establishment of

ment; applicability of law634.022 Exemption from registration for experi-

certified copy of filed order as evidence

mental pesticides; approval required for

Protected area governing committee;

use of experimental pesticides; applica-

member election and terms; committee

bility of law634.026 Pesticide labeling requirements; highly

authority

toxic pesticides; applicability of law634.032 When pesticide is misbranded634.036 When pesticide is adulterated

634.042 Unsafe use of certain pesticides on raw

Increasing or decreasing size of protected

agricultural commodities; tolerances and

area; consolidation of areas

exemptions; applicability to fertilizers,

Taxing power of area committee; limitation

agricultural minerals and lime mix

LICENSING AND CERTIFICATION

634.106 Applicability of ORS 634. 112 to 634.126 and634.146

634.112 Licenses or certificates for consultants,

dealers, operators and applicators; application forms; exemption for assistants;

effect of failure to pay license or certificate renewal fees -

634.116 Pesticide operator license; authorized

activities; license fees; owner of business

to obtain license; public liability insurance requirement; exemption for governmental agencies

634.122 Applicator license; qualifications; examination; fee

634.126 Trainee certificate; renewal; fee

634.132 Consultant license; fee; qualifications;

examination; applicability of law634.136 Dealer license; fee; applicability of law634.142 Private applicator certificate; standards;

fee

634.146 Records required of operators; retentionperiod; report to owner of treated field

crops

filing fee; guidelines for determinations

ADMINISTRATION AND ENFORCEMENT

634306 General duties and powers of department

634. 312 Department to develop programs forsolution of pesticide and synthetic chem-

ical problems

634. 316 Establishing list of highly toxic andrestricted - use pesticides

634. 322 Enforcement powers of department


COMMITTEE ON SYN' T' HETIC CHEMICALS IN

THE ENVIRONMENT

634. 352 Committee on Synthetic Chemicals in theEnvironment; members; qualifications;

terms; vacancies; quorum; compensation

and expenses

634. 356 Knowledge and experience requirements

for committee members; purpose and

duties of committee

PROHIBITIONS

634. 372 Prohibited acts

THIR. AM STUDY AND RESTRICTIONS

LIABILITY CLAIMS PROCEDURE 634. 410 Study of effects of thirain on health and

634. 172 Procedure for making liability claimsafety; evaluation; report

against pesticide operator; claim proce- 634. 415 Rules to insure adequate precautionary

dure not waiver of governmental immu- measures in use of thiram in reforesta-

nit, tion

634. 420 Limit on use of thiram; effect of study634. 425 Construction of ORS 634. 410 to 634. 425

PROTECTED AND RESTRICTED AREAS

634. 206 Continuation of protected and restricted

areas created by former lawPENALTIES

634. 212 Formation of protected areas; petition; 634. 992 Penalties

1067

by director634.216 Protected area as governmental subdivi-

sion upon completion of required filings

634.222 Determination of lawful establishment of

protected area in actions or proceedings;

certified copy of filed order as evidence634.226 Protected area governing committee;

member election and terms; committee

officers; duties and powers; rulemakdngauthority

634.232 Restricted area formation; matters to beconsidered; additional area committee

member

634.236 Increasing or decreasing size of protectedarea; consolidation of areas

634.242 Taxing power of area committee; limitationon amount of levy

ADMINISTRATION AND ENFORCEMENT

634306 General duties and powers of department

634. 312 Department to develop programs forsolution of pesticide and synthetic chem-

ical problems

634. 316 Establishing list of highly toxic andrestricted - use pesticides

634. 322 Enforcement powers of department


COMMITTEE ON SYN' T' HETIC CHEMICALS IN

THE ENVIRONMENT

634. 352 Committee on Synthetic Chemicals in theEnvironment; members; qualifications;

terms; vacancies; quorum; compensation

and expenses

634. 356 Knowledge and experience requirements

for committee members; purpose and

duties of committee

PROHIBITIONS

634. 372 Prohibited acts

THIR. AM STUDY AND RESTRICTIONS

LIABILITY CLAIMS PROCEDURE 634. 410 Study of effects of thirain on health and

634. 172 Procedure for making liability claimsafety; evaluation; report

against pesticide operator; claim proce- 634. 415 Rules to insure adequate precautionary

dure not waiver of governmental immu- measures in use of thiram in reforesta-

nit, tion

634. 420 Limit on use of thiram; effect of study634. 425 Construction of ORS 634. 410 to 634. 425

PROTECTED AND RESTRICTED AREAS

634. 206 Continuation of protected and restricted

areas created by former lawPENALTIES

634. 212 Formation of protected areas; petition; 634. 992 Penalties

1067

SUPERSEDED


CROSS REFERENCES

Admimstrative procedures governing state agencies, 183.310 to 183.500

Legislative review of need for agency, 182.615Pesticide chemicals and food additives, 616.335 to 616.385

1068

SUPERSEDED

PESTICIDE CONTROL

GENERAL PROVISIONS

634.006 Definitions. As used in thischapter unless the context requires otherwise:

1) " Antidote" means a practical immedi-

ate treatment in case of poisoning and includes first -aid treatment.

2) " Brand" or " trademark" means anyword, name, symbol or any combination thereof adopted or used by a person to identifypesticides manufactured, compounded, deliv-

ered, distributed, sold or offered for sale in

this state and to distinguish them from pesti-

cides manufactured, compounded, delivered,

distributed, sold or offered for sale by others. 3) " Department" means the State Depart-


4) " Device" means any instrument orcontrivance containing pesticides or other

chemicals intended for trapping, destroying, repelling or mitigating insects or rodents ordestroying, repelling or mitigating fungi, nematodes or such other pests as may be designated by the department, but does not include equipment used for the application of

pesticides or other chemicals when sold sepa-

rately from such pesticides or chemicals. 5) " Private applicator" means a person

who uses or supervises the use of any pesticide, classified by the department as arestricted -use or highly toxic pesticide, for thepurpose of producing agricultural commodities

or forest crops on land owned or leased byhim.

6) " Highly toxic" means a pesticide or

device determined by the department to becapable of causing severe injury, disease ordeath to human beings.

7) " Landowner" means a person owningthree acres or more within a proposed protect-

ed area; and in the case of multiple ownershipof land, the owner is only a person whoseinterest is greater than an undivided one -half

interest therein or who holds an authorization

in writing from one or more of the other owners whose interest, when added to his interest,

are greater than an undivided one -half inter-

est in the land.

8) " Pesticide" includes:

a) " Defoliant" which means any substance or mixture of substances intended for

causing the leaves or foilage to drop from aplant with or without causing abscission;

b) " Desiccant" which means any substance or mixture of substances intended for

634.006

artificially accelerating the drying of planttissue;

c) " Fungicide" which means any substance or mixture of substances intended for

preventing, destroying, repelling or mitigating any fungus;

d) " Herbicide" which means any substance or mixture of substances intended for

preventing, destroying, repelling or mitigating any weed;

e) " Insecticide" which means any substance or mixture of substances intended for

preventing, destroying, repelling or mitigating any insects which may be present in anyenvironment whatsoever;

f) "Nematocide" which means any substance or mixture of substances intended for

preventing, destroying, repelling or mitigating nematodes;

g) " Plant regulator" which means anysubstance or mixture of substances intended,

through physiological action, to accelerate or

retard the rate of growth or rate of matura-

tion or to otherwise alter the behavior of orna-

mental or crop plants or the produce thereof, but shall not include substances to the extent

that they are intended as plant nutrients, trace elements, nutritional chemicals, plant

inoculants or soil amendments;

h) Any substance, or mixture of substances intended to be used for defoliatingplants or for preventing, destroying, repellingor mitigating all insects, plant fungi, weeds, rodents, predatory animals or any other formof plant or animal life which is, or which the

department may declare to be a pest, whichmay infest or be detrimental to vegetation, man, animals, or be present in any environment thereof.

9) " Pesticide applicator" or " applicator"

means a person who:

a) Is spraying or applying pesticides forothers;

b) Is authorized to work for and is em-

ployed by a pesticide operator; andc) Is in direct charge of or supervises the

spraying or application of pesticides or oper-

ates, uses, drives or physically directs propul- sion of equipment, apparatus or machinery,

either on the ground or by aircraft in suchactivity.

10) " Pesticide consultant" means a per-

son, including governmental employes, whooffers or supplies technical advice, supervi-

sion, aid or recommendations to the user of

1069

SUPERSEDED


pesticides classified by the department asrestricted -use or highly toxic pesticides,

whether licensed as a pesticide dealer or not.

11) " Pesticide dealer" means a person

who sells, offers for sale, handles, displays or

distributes any pesticide classified by thedepartment as a restricted -use or highly toxicpesticide.

12) " Pesticide equipment" means any

equipment, machinery or device used in theactual application of pesticides, includingaircraft and ground spraying equipment.

13) ` Pesticide operator" means a person

who owns or operates a business engaged in

the application of pesticides upon the land or

property of another.

14) ` Pesticide trainee" means a person

who:

a) Is employed by a pesticide operator; and

b) Is working and engaged in a trainingprogram under special certificate to qualify asa pesticide applicator.

15) " Professed standard of quality" means a plain and true statement of the name

and percentage of each active ingredient and

the total percentage of all inert ingredients

contained in any pesticide. 16) `Protected area" means an area estab-

lished under the provisions of this chapter toprohibit or restrict the application of pesti-

cides.

17) ` Public applicator" means a person

who is an employe of the State of Oregon or

its agencies, counties, cities, municipal corpo-

rations, other governmental bodies or subdivi-

sions thereof, irrigation districts, drainage

districts and public utilities and who performsor carries out the work, duties or responsibili-

ties of a pesticide applicator.

18) `Public trainee" means a person who

is an employe of the State of Oregon or itsagencies, counties, cities, municipal corpora-

tions, other governmental bodies or subdivi-

sions thereof, irrigation districts, drainage

districts and public utilities and who performsor carries out the work, duties or responsibilities of a pesticide trainee.

19) " Registrant" means a person register-

ing any pesticide pursuant to this chapter. 20) " Restricted area" means an area

established under the provisions of this chapter to restrict, but not prohibit, the application

of pesticides.

21) " Restricted -use pesticide" means anypesticide or device which the department hasfound and determined to be so injurious or

detrimental to persons, pollinating insects, bees, animals, crops, wildlife, land or environ-

ment, other than the pests it is intended to

prevent, destroy, control or mitigate, that

additional restrictions are required.

22) " Weed" means any plant which growswhere not wanted. [ 1973 c.341 § 31

634.010 [Repealed by 1953 c. 118 §21

634.012 Short title; policy statement. The purpose of this chapter, which shall beknown as the State Pesticide Control Act and

shall be enforced by the department, is toregulate in the public interest the formulation, distribution, storage, transportation,

application and use of pesticides. Many materials have been discovered or synthesized

which are necessary and valuable for thecontrol of insects, plant diseases and weeds.

Many more pesticides will be discovered andneeded. Such materials, however, may injurehealth, property, wildlife or environment bybeing distributed, stored, transported, appliedor used in an improper or careless manner.

The pesticide industry of this state hasachieved and maintained high standards in its

formulation and use of pesticides while at the

same time experiencing a minimum of injuryto persons, property or the environment. Cur- rently updating the law to maintain thisachievement and to consider future new pesti-

cides and problems is necessary for the protection of persons, property, wildlife and environment of this state. [1973 c.341 § 21

Note: Section 2, chapter 571, Oregon Laws 1979, is

repealed July 1, 1984, and provides:

1) There is created a Pesticide Analytical and

Response Center consisting of the following members:

a) The Director of Agriculture or his designee.

b) The State Forester or his designee.

c) The State Fish and Wildlife Director or his

designee.

d) The Director of the Department of Environmental

Quality or his designee

e) The Assistant Director for Health or his designee

f) One citizen from the state at large appointed bythe Governor

2) The Director of Agriculture or his designee shall

serve as the adrrumstrator of the center.

1070

3) The functions of the center are to:

SUPERSEDED

PESTICIDE CONTROL 634.022

a) Centralize receiving of information relating toactual or alleged health and environmental incidents

involving pesticides;

b) Mobilize expertise necessary for timely andaccurate investigation of pesticide incidents and analysesof associated samples, and

c) Report in a standardized format the results of theinvestigation of pesticide incidents.

4) The functions provided in subsection ( 3) of thissection are in addition to and not in lieu of the duties,

functions and powers of the department provided in ORS634172.

REGISTRATION, LABELINGAND USE

634.016 Registration of pesticides andapplication devices; contents of applica-

tion; restriction on distribution and use bydepartment; applicability of law. (1) Everypesticide, including each formula or formulation, manufactured, compounded, delivered,

distributed, sold, offered or exposed for sale inthis state shall be registered each year withthe department.

2) Every device, manufactured, delivered, distributed, sold, offered or exposed for sale inthis state, shall be registered each year withthe department.

3) The registration shall be made by themanufacturer or a distributor of the pesticide.

4) The application for registration shallinclude:

a) The name and address of the registrant.

b) The name and address of the manufacturer if different than the registrant.

c) The brand name or trade -mark of thepesticide.

d) A specimen or facsimile of the label ofeach pesticide, and each formula or formulation, for which registration is sought, exceptfor annual renewals of the registration whenthe label remains unchanged.

e) The correct name and total percentageof each active ingredient.

f) The total percentage of inert ingredients.

5) The application for registration shallbe accompanied by a registration fee to beestablished by the department for each pesticide, and each formula or formulation, whichshall not exceed $40 for each such pesticide, oreach formula or formulation.

6) The department, at the time of applica-

tion for registration of any pesticide may: a) Restrict or limit the manufacture,

delivery, distribution, sale or use of any pesticide in this state.

b) Refuse to register any pesticide whichis highly toxic for which there is no effectiveantidote under the conditions of use for whichsuch pesticide is intended or recommended.

c) Refuse to register any pesticide for useon a crop for which no finite tolerances forresidues of such pesticide have been estab-

lished by either the department or the FederalGovernment.

d) In restricting the purposes for whichpesticides may be manufactured, delivered, distributed, sold or used, or in refusing toregister any pesticide, give consideration to:

A) The damage to health or life of humans or animals, or detriment to the environ-

ment, which might result from the distribu-

tion and use of such pesticide.

B) Authoritative findings and recommendations of agencies of the Federal Government

and of any advisory committee or group established under subsection (10) of ORS 634.306.

C) The existence of an effective antidoteunder known conditions of use for which thematerial is intended or recommended.

D) Residual or delayed toxicity of thematerial.

E) The extent to which a pesticide or its

carrying agent simulates by appearance andmay be mistaken for human food or animalfeed.

7) The provisions of this section shall not,

except as provided herein, apply to:

a) The use and purchase of pesticides bythe Federal Government or its agencies.

b) The sale or exchange of pesticidesbetween manufacturers and distributors.

c) Drugs, chemicals or other preparationssold or intended for medicinal or toilet purposes or for use in the arts or sciences.

d) Common carriers, contract carriers or

public warehousemen delivering or storingpesticides, except as provided in ORS 634.322.

1973 c.341 §7; 1975 c.304 §91

634.020 [Repealed by 1953 c 118 § 21

634.022 Exemption from registration

for experimental pesticides; approval

required for use of experimental pesti-

cides; applicability of law. ( 1) The provi-

1071

SUPERSEDED


sions of ORS 634.016 are not applicable to

pesticides used only for experimental or research purposes. Such pesticides shall be

conspicuously labeled " For experimental purposes only and not for sale" in addition to thelabeling requirements of ORS 634.026, exceptthat they need not be labeled with directionsfor use or the professed standard of quality.

2) ( a) Subject to the exemptions set forth

in paragraph (b) of this subsection, before anypesticide can be used for experimental or

research purposes a person proposing to usesuch pesticides shall obtain approval of the

department. Application for such approval

shall contain such information as may berequired by the department, including thelocation and size of the plot on which theexperiment or research is to be carried out,

the nature of the pesticide to be utilized, the

person responsible for such activities and the

intended disposition of any crops grown uponthe experimental or research plot.

b) The provisions of paragraph (a) of thissubsection are not applicable to:

A) Federal or state agencies;

B) Experiments or research carried on in

greenhouses.

3) If any person uses pesticides for experimental purposes as provided by this sectioncontrary to the instructions and approvalissued by the department, the departmentmay immediately revoke such approval andrefuse to issue its approval to such persons on

future applications. [ 1973 c.341 § 91

634.026 Pesticide labeling require-

ments; highly toxic pesticides; applicability of law. ( 1) If not otherwise required or

prescribed by federal law or rule, each package or container of every pesticide shall belabeled with:

a) The name and address of the manufacturer or person for whom it was manufactured.

b) The brand name or trade -mark under

which the material is sold.

c) The professed standard of quality ofthe material.

d) The net weight or volume of the contents.

e) Adequate and necessary directions forits proper and intended use.

2) In addition to the information required

by subsection ( 1) of this section, any pesticidewhich is highly toxic shall be labeled with:

a) A sign of a skull and crossbones.

b) The word `poison" in red on the pack-

age printed on a background of contrastingcolor.

c) A poison antidote for the material, if

any.

3) The provisions of subsection (2) of this

section shall not apply to bleaching powder orchloride of lime. [ 1973 c.341 § 101

634.030 [Repealed by 1953 c. 118 §21

634.032 When pesticide is misbrand-

ed. Pesticides shall be deemed misbranded if:

1) The package or container of such mate-

rials bears any false or misleading statement. 2) The container or package of such mate-

rials is not labeled as required by ORS634.026. [ 1973 c.341 § 111

634.036 When pesticide is adulterat-

ed. A pesticide shall be deemed to be adulterated if:

1) It is a pesticide other than a herbicide,

defoliant or desiccant, is intended for use on

vegetation and contains any substance whichis injurious to such vegetation when used as

directed under normal growing conditions.

2) The strength or purity of the pesticideis below the purported or professed standard

of quality as expressed in its labeling, or anysubstance has been substituted wholly or inpart for any ingredient of the pesticide, or anyvaluable constituent thereof has been omitted

wholly or in part. 3) The contents of the package or contain-

er of pesticide do not meet their purported

standard of quality in any other manner.

4) The contents of the package or contain-

er represented to be a pesticide are not defi-

nitely effective for the purpose for whichrecommended. [ 1973 c.341 § 121

634.040 [Repealed by 1953 c. 118 §21

634.042 Unsafe use of certain pesti-

cides on raw agricultural commodities;

tolerances and exemptions; applicabilityto fertilizers, agricultural minerals andlime mix. ( 1) Any poisonous or deleteriouspesticide or any pesticide which, in the opinion of the department, is not generally recognized among experts qualified by scientifictraining and experience to evaluate the safetyof pesticide chemicals as safe for use, added toa raw agricultural commodity, shall be

deemed unsafe for the purposes of the applica-

1072

SUPERSEDED

PESTICIDE CONTROL

tion of paragraph (b) of subsection ( 1) of ORS616.235, unless:

a) A tolerance for such pesticide chemical

in or on the raw agricultural commodity hasbeen prescribed by regulation promulgated bythe department and the quantity of such pesticide chemical in or on the raw agricultural

commodity is within the limits of the tolerance so prescribed, or

b) With respect to use in or on such raw

agricultural commodity, the pesticide chemical has been exempted from regulation pro-

mulgated by the department. 2) While a tolerance or exemption from

tolerance is in effect for a pesticide chemical

with respect to any raw agricultural commodity, such raw agricultural commodity shall not, by reason of bearing or containing any addedamount of such pesticide chemical, be consid-

ered to be adulterated within the meaning ofparagraph ( a) of subsection ( 1) of ORS

616.235, provided such pesticide chemical or

the use of such pesticide chemical is in compliance with the law and regulations promulgat-

ed thereunder.

3) In a fertilizer, agricultural minerals,

agricultural amendment or lime mix in whicha pesticide is contained, all applicable provi-

sions of this chapter must be complied with. Inlieu of the requirements of paragraph ( c) of

subsection ( 1) of ORS 634.026, the label or

invoice on a certain mix may show the nameand amount of the actual pesticide, together

with the total amount of the entire mixture,

including the amount of actual pesticide, to beapplied to each acre. [ 1973 c.341 § 13; 1979 c 29 §21

634.050 [Repealed by 1953 c. 118 §21

LICENSING AND

CERTIFICATION

Note: Section 23, chapter 842, Oregon Laws 1977, is

operative July 1, 1984, and repeals 634.106, 634. 112, 634. 116, 634. 122, 634.126, 634.132, 634. 136, 634.142 and

634. 146 relating to the Department of Agriculture.

634.106 Applicability of ORS 634.112to 634.126 and 634.146. ORS 634.112 to

634.126 and 634.146 shall not apply to:

1) Manufacturers of materials engaged in

research or experimental work on pesticides.

2) Persons engaged in the business of a

pesticide operator or applicator only in theapplication of any pollenicide.

3) Except as otherwise provided in ORS634.116:

634.106

a) Agencies, instrumentalities and politi-

cal subdivisions of the United States or theState of Oregon and their officers, agents or

employes acting within the scope of theirauthority in the conduct of research of pesticides or in the application of pesticides upon

property owned or under the control, supervision or jurisdiction of such agencies, instrumentalities or political subdivisions; however,

this exemption shall not apply to pesticideoperators applying pesticides with powerdriven application equipment or devices undercontract for such agencies, instrumentalitiesor political subdivisions.

b) Counties, cities or municipal corpora-

tions which only authorize or permit theiremployes and their pesticide equipment to

apply pesticides on property owned or underthe control, supervision or jurisdiction of each

such governmental body, or in enforcing orcarrying out a law, ordinance, rule or orderrelating to the application of pesticides for thepurposes of controlling or eradicating noxiousweeds or pests.

4) A farmer or forest land owner applyingpesticides, other than restricted -use or highlytoxic pesticides, by use of his own equipmentfor others on an occasional basis not amount-

ing to a principal or regular occupation, if thefarmer does not publicly hold himself out as apesticide applicator and if the pesticides that

are applied are furnished by the owner of theland on which such pesticides are applied.

5) Persons who do not advertise or public-

ly hold themselves out as being in the business of applying pesticides but whose main orprincipal work or business is the maintenance

of small or home lawns, shrubs or gardens.

6) Persons who do not advertise or public-

ly hold themselves out as being in the business of applying pesticides and whose princi-

pal activity or business as related to pesticidesis selling pesticides or selling or leasing equipment.

7) Railroads, to the extent that the appli-

cation of pesticides is by their regular employes, on land or property under their ownership, supervision, control or jurisdiction, except that if power- operated spray equipment isused for applying volatile herbicides, suchapplication shall be under the direct supervision of a licensed public applicator. [ 1973 c 341

22]

1073

634.110 [Repealed by 1953 c 117 § 21

SUPERSEDED


634.112 Licenses or certificates forconsultants, dealers, operators and applicators; application forms; exemption for

assistants; effect of failure to pay licenseor certificate renewal fees. ( 1) Except as

provided in subsection (2) of ORS 634.142, anylicense or certificate issued or required of apesticide consultant, dealer, operator, applica-

tor, private applicator or trainee by this chapter shall expire on December 31 followingissuance unless it has been revoked or sus-

pended prior thereto by the department. Atleast 30 days prior to the expiration date, the

department shall by mail notify each personholding a license or certificate of the expiration date thereof.

2) Applications for all licenses or certificates required of a pesticide consultant, deal-

er, operator, applicator, private applicator or

trainee, or renewal thereof, shall be made to

the department on forms prescribed by thedepartment and accompanied by the prescribed fee.

3) All such licenses or certificates are

personal to the applicant and may not betransferred to any other person.

4) Nothing in this chapter shall be construed as requiring a person, helping or assist- ing in the application of pesticides by a h- censed pesticide applicator or certified private

applicator or the pesticide application busi-

ness through the performance of manual labor

only, to obtain a license or certificate, if theactual application of pesticides is made by:

a) A licensed pesticide applicator or a

certified private applicator; or

b) A person applying pesticides underORS 634.106.

5) Failure to pay the renewal license feeswhen due by a pesticide consultant, dealer, operator or applicator, or failure to pay therenewal certificate fees by a trainee, shallforfeit the right to engage in the activities of apesticide consultant, dealer, operator, applica-

tor or trainee, as the case may be. Any personwhose pesticide consultant, dealer, operator orapplicator license, or trainee certificate hasbeen forfeited, shall not be issued a license, certificate or renewal license or renewal certificate except upon written application to the

department accompanied by a sum of moneyequal to the license or certificate fee whichshould have been paid.

6) If such person is a pesticide consultant

or applicator and does not pay the license feeduring the first month in which the license fee

is delinquent, thereafter such pesticide con-

sultant or applicator shall not only pay therequired license fee but shall also obtain a

passing grade in a reexamination given by thedepartment for pesticide applicators as prescribed in ORS 634.122, or otherwise demonstrate his knowledge of the subject to the

satisfaction of the department.

7) No penalty reexamination shall berequired of a person whose application forrenewal of a license or certificate is accompa-

nied by his signed statement that prior to hisapplication he has not operated or worked as apesticide consultant, applicator or trainee, as

the case may be, during the previous sixmonths or since the expiration date of his last

license or certificate, whichever time is less. Ifthe department later verifies this signed

statement is false, then notwithstanding theprovisions of ORS 183.310 to 183.500, the

department may immediately suspend thelicense or certificate which was issued as aresult of such statement. Such suspension

shall only be removed after the person hascomplied with the applicable provisions of

subsections ( 5) and ( 6) of this section. [ 1973

c.341 § 14; 1975 c.304 §10; 1979 c.232 § 11

634.116 Pesticide operator license;

authorized activities; license fees; owner

of business to obtain license; public liabili-

ty insurance requirement; exemption forgovernmental agencies. ( 1) A pesticideoperator's license, or supplements thereto,

shall authorize the licensee to engage in one

or more of the classes of pest control or pesti-

cide application business prescribed by thedepartment under subsection ( 2) of ORS634.306.

2) During a license period, and after aperson has been issued a license to engage incertain classes of pest control or pesticide

application business during a license period, the department upon receiving an additionalapplication and applicable fees, may authorizethe licensee to engage in additional classes of

pest control or pesticide application business

for the remainder of the license period asprescribed in subsection (2) of ORS 634.306.

3) ( a) A pesticide operator license fee

shall be established by the department not toexceed $40 for the first class of pest control or

pesticide application business as prescribed insubsection ( 2) of ORS 634.306 and not to ex-

ceed $ 15 for each additional class.

b) After a person makes his first applica-

tion for a specific license period, if later dur-

1074

SUPERSEDED

PESTICIDE CONTROL

ing the same license period he desires to engage in additional classes of pest control or

pesticide application businesses, such person

shall pay the fee for each additional classestablished by the department not to exceed20.

4) At least one person who is owner or

part owner of the pest control or pesticide

application business shall also obtain and

maintain a pesticide applicator's license if the

pesticide operator is a sole proprietorship or isa partnership. At least one officer or one employe shall also obtain and maintain a pesti-

cide applicator's license if the pesticide opera-

tor is a corporation. At any time there is aviolation of this subsection, the pesticide

operator's license, notwithstanding the provisions of ORS 183.310 to 183. 500, shall be

automatically suspended until such time asthe pesticide operator is in compliance. If the

business is owned by one individual, the department shall make no charge for the pesticide applicator license issued to him underORS 634.122.

5) The department shall not issue or

renew a pesticide operator's license until theapplicant or licensee has furnished evidence tothe department, in the form of a public liabili-

ty policy issued by an insurance companyqualified to do business in Oregon, protectingthe applicant or licensee against liability forinjury or death to persons and loss of or damage to property resulting from the applicationof pesticides, or in lieu of such insurance, hasfurnished a deposit of cash or negotiable se-

curities acceptable to the department which

may be applied by the department to the payment of damages resulting from such liability. However:

a) Except as required under paragraph (b)

of this subsection, the financial responsibilityrequired by this section shall not apply todamages or injury to crops, real or personalproperty being worked upon by the applicant.

b) If the applicant or licensee is to be

engaged in the business of controlling or eradicating structural pests, or pests within apublic or private place, or pests within private

or public places where food is served, prepared

or processed or where persons are regularly

housed, the financial responsibility requiredby this section shall apply to damages or injury to real or personal property being workedupon, as well as all the other real and person-

al property set forth in this section.

634.116

6) The financial responsibility requiredby subsection (5) of this section shall be in theamount of not less than $ 25,000 for bodilyinjury to one or more persons and not lessthan $25,000 for property damage.

7) Notwithstanding the provisions of ORSchapter 183, at any time the licensed pesticideoperator fails to maintain the financial re-

sponsibility required by subsections (5) and (6) of this section, his license shall be automati-

cally suspended until the department againverifies he is in compliance with the provisions of such subsections of this section. The

department shall be notified in writing by theliability insurance company at least 30 daysprior to any cancellation of an insurance policy required by this section.

8) Notwithstanding the provisions of ORS105.810 and 105.815 or other laws to the con-

trary, the amount of damages for which apesticide operator or pesticide applicator isliable as a result of his use of pesticides, or his

financial responsibility for the same shall belimited to actual damages only.

9) The deposit required by subsection ( 5) of this section shall be returned to the pesti-

cide operator if he at any time establishesexemption from the financial responsibilityrequirements under this chapter. After theexpiration of two years from the date of an

injury, death, loss or damage, any depositremaining shall be returned to the pesticideoperator or to his personal representative

except that the department shall not makesuch return if it has received notice that an

action for damages arising out of the provisions of this section has been filed against thepesticide operator for whom the deposit wasmade, and the department has determined

that such action is pending or that any judgment resulting from such action remainsunpaid.

10) If the pesticide operator is to spray byaircraft, then the department, in addition to

other provisions of this section relating tofinancial responsibility, may by regulationallow aircraft pesticide operators to reduce,

suspend or terminate the liability insurance, applicable to spraying by aircraft, and required by subsections ( 5) and ( 6) of this section during certain periods of the year.

11) The department may by regulationallow liability insurance policies required bysubsections ( 5) and ( 6) of this section to include deductible clauses of amounts to be

determined by the department.

1075

SUPERSEDED


12) The State of Oregon or its agencies,

counties, cities, municipal corporations, other

governmental bodies or subdivisions thereof,

irrigation districts, drainage districts and

public utilities, shall not be required to obtaina license as a pesticide operator or to furnish

evidence of financial responsibility to thedepartment, while applying pesticides to landor property under their ownership, supervision, control or jurisdiction.

13) The employes of the persons or agencies described in subsection ( 12) of this section

who perform or carry out the work, duties orresponsibilities of a pesticide applicator are

subject to the provisions of this chapter, ex-

cept they shall be issued " public applicator" licenses or, if they carry out the work, dutiesor responsibilities of a pesticide trainee, shall

be issued " public trainee" certificates, if theyotherwise comply or qualify with the provisions of this chapter relating thereto.

14) The public applicator license or public

trainee certificate, as the case may be, shallbe:

a) Issued by the department upon payment of a fee to be established by the department not to exceed $ 10, by the applicant.

b) Valid and used by the licensee or certificate holder only while working for andemployed by one of the persons, agencies orothers named in subsection ( 12) of this section

on land or property under the ownership, supervision or jurisdiction thereof.

c) Renewed, suspended or revoked each

year in the same manner, under the sameprovisions and at the same time as other pesti-

cide applicator licenses and trainee certificates are renewed, suspended or revoked.

15) As to persons, public agencies or

others described in subsection ( 12) of this

section, and subdivisions of government and

their employes, the provisions of subsection

13) of this section shall apply only to: a) Application of pesticides by aerial

spraying; or

b) The propelling through air bymachine - powered devices of spray or dustcontaining pesticides; and

c) Where such application is done by suchpersons or agencies and their employes, such

application shall be done under the immediate

supervision of a person holding a license as apesticide applicator or public applicator. [ 1973

c 341 § 15; 1975 c.304 §111

634.120 [Repealed by 1953 c. 117 §21

634.122 Applicator license; qualifications; examination; fee. ( 1) An applicant for

a pesticide applicator's license is entitled to be

examined for or to be issued a license or supplements thereto by the department, if theapplicant:

a) Is at least 18 years of age;

b) Proves to the satisfaction of the depart-

ment that he:

A) Has had experience as a pesticidetrainee for the minimum period and in the

manner prescribed by the department; orB) Has educational qualifications, experi-

ence or training which is equal to the minimum standards and requirements established

by the department; orC) Has been licensed in Oregon as a pesti-

cide applicator and actively engaged in suchwork during the prior license period, as shallbe prescribed by the department.

2) An applicant for a pesticide applica-

tor's license shall be required to demonstrate

satisfactorily by written examination or anyreexamination given by the department, anadequate knowledge of:

a) The characteristics of pesticides and

the effect of their application to particular

crops.

b) The practices of application of pesti-

cides.

c) The conditions and times of application

of pesticides and the precautions to be taken

in connection therewith.

d) The applicable laws and rules relatingto pesticides and their application in thisstate.

e) Other requirements or procedures

which will be of benefit to and protect the

pesticide applicator, the persons who use his

services and the property of others. 3) Based upon the license application and

the request of the applicant, the department

may examine him only in any one or more ofthe classes of pest control or pesticide applica-

tion businesses established by the departmentunder subsection (2) of ORS 634.306.

4) ( a) A pesticide applicator license fee

shall be established by the department not toexceed $ 15 for the first class of pest control orpesticide application business as prescribed in

subsection ( 2) of ORS 634.306 and not to ex-

ceed $ 7. 50 for each additional class.

b) After a person makes his first applica-

tion for a license or renewal thereof for a

1076

SUPERSEDED

PESTICIDE CONTROL 634.136

specific license period, if later during thesame license period such person desires to

engage in additional classes of pest control or

pesticide application business as prescribed insubsection ( 2) of ORS 634.306, such person

shall pay the fee for each additional classestablished by the department not to exceed

12.50.

5) Examinations or reexaminations forpesticide applicator's licenses shall be given

by the department at such time and in any ofits branch offices or other locations it deemsexpedient, and shall be under the supervision

of its employes or appointees. The department

is authorized to:

a) Appoint without pay or reimbursement, employes of other state agencies who

are authorized to give examinations.

b) Prepare and maintain various types of

examinations and types and schedules of

reexaminations and to take all other measures

deemed necessary to insure that persons receiving passing grades thereto have beenfairly and reasonably tested as to their abilityand that there have been no fraudulent or

dishonest means used by the applicants inapplying for or in the taking of examinationsor reexaminations.

6) If it verifies an applicant has received

a passing grade on the examination or reexamination and otherwise has complied with the

provisions of this chapter, the departmentshall issue a pesticide applicator's license.

7) Each person who has failed to receive a

passing grade or for other reasons was notissued a license as a result of an examination

or reexamination given by the department, shall pay $5 to partially reimburse the department for its costs prior to the department

giving any future reexamination to the applicant. [ 1973 c.341 § 16; 1975 c.304 § 121

634.126 Trainee certificate; renewal;

fee. ( 1) In accordance with regulations pro-

mulgated by the department, as provided insubsection (1) of ORS 634.306, the departmentshall issue or renew its pesticide trainee's

certificate if the applicant or certificate holder:

a) Is at least 18 years of age;

b) Is employed by a licensed pesticideoperator;

c) Is working under the direct supervisionand control of a licensed applicator;

d) Is in compliance with the applicableprovisions of this chapter and regulations

promulgated thereunder.

2) The fees for a pesticide trainee's certificate, or renewal thereof, shall be the same asthe license fee for a pesticide applicator. [ 1973

c.341 § 17]

634.130 [Repealed by 1953 c. 117 §21

634.132 Consultant license; fee; quali-

fications; examination; applicability of

law. (1) The annual license fee for a pesticideconsultant shall be established by the department not to exceed $20.

2) An applicant for a pesticide consultant's license shall be required to demonstrate

satisfactorily by written examination or anyreexamination given by the department, anadequate knowledge of:

a) The characteristics of pesticides andthe effect of their application to particular

crops.

b) The practices of application of pesticides.

c) The conditions and times of application

of pesticides and the precautions to be takenin connection therewith.

d) The applicable laws and rules relatingto pesticides and their application in thisstate.

e) Other requirements or procedures

which will be of benefit to and protect thepesticide applicators, the persons who use his

services and the property of others.

3) Based upon the license application and

the request of the applicant, the department

may examine him only in any one or more ofthe classes of pesticides established by thedepartment under subsection ( 2) of ORS

634.306.

4) Examinations or reexaminations forpesticide consultant's licenses shall be subjectto subsections (5) and (6) of ORS 634.122.

5) This section shall not apply to licensedpesticide applicators or operators. [ 1973 c.341

18; 1975 c.304 §131

634.136 Dealer license; fee; applica-

bility of law. (1) The annual license fee for apesticide dealer shall be established by thedepartment not to exceed $ 10. A separate

license shall be required for each sales outletor location.

1077

2) This section shall not apply to:

SUPERSEDED


a) Any licensed pesticide operator whosells restricted -use or highly toxic pesticidesas a part of his services, or through his li-

censed employes, through the use of his own

equipment;

b) Any state, federal or governmentalagency providing restricted -use or highly toxicpesticides to its own employes for use in itsown programs.

c) Any person who sells, offers for sale, handles or distributes pesticide - fertilizer

mixtures only in packages of 25 pounds or lessin size. [ 1973 c.341 § 19; 1975 c 304 § 141

634.140 [Repealed by 1953 c.117 § 21

634.142 Private applicator certificate;

standards; fee. ( 1) The department shallissue or renew its private applicator's certifi-

cate if the applicant or certificate holder

meets the certification standards established

by the department pursuant to subsection ( 14) of ORS 634.306.

2) A fee, established by the departmentnot to exceed $ 25, shall be assessed for a private applicator's certificate or renewal there-

of. The time for which a certificate is valid

shall be five years. [ 1973 c.341 § 20; 1979 c.232 §21

634.146 Records required of opera-

tors; retention period; report to owner of

treated field crops. ( 1) Pesticide operators

shall prepare and maintain records on forms

approved by the department. Such recordsshall include:

a) The name of the person for whom the

pesticide was applied.

b) The approximate location of the land

or property on which the pesticide was applied.

c) The date and approximate time ofapplication.

d) The person who supplied the pesticides.

e) The trade name and the strength ofsuch pesticides.

f) The amount or concentration ( poundsor gallons per acre of active ingredient or

concentration per approximately 100 gallons).

g) The specific property, crop or crops towhich the pesticide was applied.

h) The summary information of equipment, device or apparatus used and, if applied

by aircraft, the F.A.A. number.

W The names of the pesticide applicator orpesticide trainees who did the actual applica-

tion or spraying.

2) The records, which shall be kept for aperiod of at least three years from the date ofapplication of pesticides, shall be available

during business hours for review and inspection by the department.

3) Upon receiving a request from anyowner of field crops on which pesticides were

applied, the pesticide operator within 40 days

after making such application shall give orforward to the owner a written statement

setting forth the information described inparagraphs ( a), ( b), ( c), ( e), ( f) and (g) of subsection (1) of this section. [ 1973 c.341 § 211

LIABILITY CLAIMSPROCEDURE

634.172 Procedure for maldng liability claim against pesticide operator; claimprocedure not waiver of governmental

immunity. (1) No action against a pesticide

operator, arising out of the use or applicationof any pesticide, shall be commenced unlessthe claimant has filed a report of the loss with

the department, and mailed or personally

delivered a true copy of such report of loss tothe pesticide operator allegedly responsibleand a true copy of such report to the personfor whom such work was done, if other than

himself, within 60 days from the occurrence ofsuch loss or within 60 days from the datewhen the claimant discovered that such losshad occurred. If the damage is alleged to have

been caused to growing crops, the report shallbe filed prior to the time when 50 percent of

the crop is harvested.

2) Any person who claims to have sustained any loss arising out of the use or application of any pesticide by any state agency, county or municipality may file a report ofloss with the department, and mail or person-

ally deliver a true copy of such report of lossto the state agency, county or municipalityallegedly responsible, within 60 days from theoccurrence of such loss or within 60 days fromthe date when the claimant discovered thatsuch loss had occurred. If the damage is al-

leged to have been caused to growing crops, the report shall be filed prior to the time when

50 percent of the crop is harvested.

3) Upon receiving a report of loss as provided by this section:

a) The department may investigate, examine and determine the extent and nature of

the damage alleged to have been caused to

property or crops. The department shall not

1078

SUPERSEDED

PESTICIDE CONTROL

determine the source of the damage, the per-

son who may have caused the damage or thefinancial extent of the loss or damage. Thedepartment shall prepare and file in its office

a report of the investigation, examination and

determination. Copies of the report made bythe department may be given upon request topersons who are financially interested in thematter.

b) The department at the request of, and

without cost to, any persons financially inter - ested in the matter may undertake to mediatean equitable settlement of the controversy.

4) Upon receiving a request therefor fromany person, other than a person who may filea report of loss as provided by subsection ( 1) or2) of this section, the department may inves-

tigate, examine and determine the extent and

nature of damage alleged to have been caused

to property or crops arising out of the use orapplication of any pesticide by any other person or any state agency, county or municipali-

ty, provided that the person making suchrequest reimburses the department for its

work. The department shall not determine the

source of the damage, the person who mayhave caused the damage or the financial extent of the loss or damage. The departmentshall prepare and file in its office a report ofthe investigation, examination and determi-

nation. Copies of the report made by the department may be given upon request to persons who are financially interested in thematter.

5) Nothing in this section shall be construed as a waiver by the State of Oregon orany state agency, county or municipality of

any immunity against suit which otherwisemay exist. [ 1973 c.341 § 231

PROTECTED AND

RESTRICTED AREAS

634.206 Continuation of protected

and restricted areas created by formerlaw. There hereby is created a protected areaor restricted area territorially identical respectively with each protected area or restrict-

ed area existing as of October 5, 1973, or arestricted area established pursuant to ORS573.537 and in effect June 1, 1973, if such

existing protected area or restricted area wasestablished or succeeded pursuant to the pro-

visions of ORS chapter 573. Each protected

area or restricted area hereby created shallbear the name of the formerly designatedprotected area or restricted area with which it

634.212

is territorially identical. It shall succeed to theduties, obligations, property, rights and privileges of such formerly designated protectedarea or restricted area and shall function as

authorized by the provisions of this chapter. 1973 c.341 § 241

634.210 [ Amended by 1953 c.685 § 12; repealed by1961 c.294 §1( 634.211 enacted in lieu of 634.210)]

634.211 [ 1961 c.294 § 2 ( enacted in lieu of 634.210);

subsection (2) enacted as 1965 c.22 §2( 1); paragraph (b) ofsubsection ( 11) derived from 1965 c.22 § 2(2), 1969 c.268

4; repealed by 1973 c.341 § 371

634.212 Formation of protected areas;

petition; filing fee; guidelines for determinations by director. ( 1) Upon receiving apetition of any 25 or more landowners, representing at least 70 percent of the acres ofland, situated within the territory proposed tobe a protected area, the department may establish a protected area, in accordance withthe provisions of ORS 561.510 to 561. 590

governing the procedures for the declarationof quarantines, except the consent of the Gov- ernor shall not be required.

2) The petition, referred to in subsection

1) of this section, shall include the following: a) The proposed name of the protected

area.

b) The description, including proposedboundaries, of the territory proposed to be aprotected area.

c) A concise statement of the need for theestablishment of the protected area proposed.

d) A concise statement of the pesticides

and the times, methods or rates of pesticideapplications to be restricted or prohibited andthe extent such are to be restricted or prohib-

ited.

e) A request that a public hearing be heldby the department.

f) The name of the person authorized to

act as attorney in fact for the petitioners in allmatters relating to the establishment of aproposed protected area.

g) A concise statement of any desiredlimitations of the powers and duties of the

governing body of the proposed protected area. 3) If more than one petition, referred to

in subsection ( 1) of this section, is received bythe department describing parts of the sameterritory, the department may consolidate allor any of such petitions.

4) Each petition, described in subsection

1) of this section, shall be accompanied by a

1079

SUPERSEDED


filing fee of $ 125. Upon receipt of such petition and payment of such fee, the department

shall prepare and submit to the petitioners an

estimated budget of the costs of establishingsuch proposed protected area, including cost ofpreparation of the estimated budget, of the

hearing and of the preparation of requireddocuments. Within 15 days of the receipt ofthe estimated budget, the petitioners shallremit to the department the difference be-

tween the filing fee and total estimated budget. Should the petitioners fail to remit suchdifference, the department shall retain the

filing fee and terminate the procedure forestablishment of a proposed protected area. If,

upon completion of the procedure for estab-

lishment of a proposed protected area, there

remains an unexpended and unencumbered

balance of funds received by the departmentunder this section, such balance shall be re-

funded to the petitioners through their designated attorney in fact.

5) In making his determination pursuantto the authority granted under subsection (2) of ORS 561.520, the director of the depart-

ment shall consider, among other factors, thefollowing:

a) The agricultural and horticultural

crops, wildlife or forest industry to be affectedand their locations.

b) The topography and climate, includingtemperature, humidity and prevailing winds, of the territory in which the proposed protected area is situated.

c) The characteristics and properties ofpesticides used or applied and proposed to be

restricted or prohibited. [ 1973 c.341 § 251

634.213 [ 1961 c.642 §18; repealed by 1973 c.341 §371

634.215 [ 1953 c.685 § 12; 1961 c.294 § 3; repealed by1973 c.341 §37]

634.216 Protected area as governmental subdivision upon completion of

required filings. In addition to the filings of

an order establishing a protected area as

required by subsection ( 1) of ORS 561.530, acertified copy of such order shall be filed withthe Secretary of State, accompanied by a mapof a scale of at least one inch per mile, whichdocuments shall be maintained as a public

record in the office of the Secretary of State. Upon such required filings, the protected areashall be deemed to be a governmental subdivi-

sion of the state and a public body corporate. 1973 c.341 §261

634.217 [ 1953 c.685 § 12; 1961 c.294 § 4; repealed by1973 c.341 §371

634-920 [ 1953 c.685 § 12; 1961 c 294 § 5; repealed by1973 c.341 §371

634.222 Determination of lawful es-

tablishment of protected area in actions

or proceedings; certified copy of filedorder as evidence. In any suit, action orproceeding involving the validity or enforcement of any proceeding or action of a protected area, the protected area shall be deemed to

have been established in accordance with the

provisions of this chapter upon proof of the

filing of an order as required by ORS 634.216. A copy of such order, certified as filed by theSecretary of State, shall be admissible evidence in any such suit, action or proceedingand shall be proof of the filing and contentsthereof. [1973 c.341 § 311

634.225 [ 1953 c.685 § 12; 1961 c.294 § 6; repealed by1973 c.341 § 37]

634.226 Protected area governingcommittee; member election and terms;

committee officers; duties and powers;

rulemaldng authority. (1) A protected area,

established pursuant to the provisions of this

chapter, shall be governed and administered

by an area committee consisting of five members. The term of office of each member, ex-

cept as provided in paragraphs ( b) and ( c) of

this subsection, shall be three years. Such

area committee shall be established in accord-

ance with the following: a) Within 30 days after the establishment

of a protected area, as provided in ORS

634.216, the department shall give notice that

petitions to nominate candidates for three

positions on such committee shall be accepted

by the department. Such notice shall be givenby publication at least once in a newspaper ofgeneral circulation in the protected area and

by delivery of a copy of the notice to the county clerk of the county in which the protectedarea is situated, who thereafter shall post the

same in a conspicuous public place. Such

notice shall contain:

A) The address of the department;

B) The time within which the petition tonominate is to be filed;

C) The fact that 25 or more voters, ortwo - thirds of the voters then registered, if

there are less than 25, residing within theprotected area must subscribe such petition;

D) The fact that such voters may subscribe the nominating petition of more than

1080

SUPERSEDED

PESTICIDE CONTROL

one candidate for a position on said commit- ( b) The area committee shall:

634.226

tee; and ( A) Provide for surety bonds for all per - E) The fact that a candidate must reside sons entrusted with funds or property of the

within the protected area. protected area;

b) Upon receipt of any nominating petitions described in paragraph (a) of subsection

1) of this section, the department shall pre-

pare ballots containing the names of the candidates, in alphabetical order of surnames,

and a space for at least one write -in candidate.

If no nominating petitions are received by thedepartment, this fact shall be stated upon the

ballot and at least three spaces provided

thereon for write -in candidates. Such ballots

shall also state the time within which the

ballots are to be returned to the department

and the address of the department. All legal

voters within the boundaries of the territoryas determined by the department are eligibleto vote in the referendum. The department

shall determine the results of such election

and shall file with the Secretary of State adeclaration of the results of such election, which declaration shall be maintained as a

public record in the office of the Secretary ofState. The three candidates receiving thelargest number of the votes cast in such election shall be the three elected members of the

area commission, whose terms of office, to be

determined by lot, shall be one, two and threeyears respectively.

c) Upon determining the results of theelection provided in paragraph ( b) of this

subsection, the department shall appoint two

members to the area committee, which appointments shall be subject to the approval of

the majority of the three elected members ofsaid committee. Such appointed members

shall be residents of the protected area andhave knowledge of pesticides, pesticide appli-

cation and existing conditions, affecting pesticide application. The terms of office, to be

determined by lot, shall be one and two yearsrespectively, and the department shall thereafter appoint the successors in office of such

members, as well as those of elected members

whose office is vacated prior to the expirationof his term.

2) ( a) Upon the establishment of the area

committee, the members thereof shall designate a chairman, secretary and treasurer, which designations may, from time to time, bechanged. A majority of the area committeeshall constitute a quorum and an act by amajority of such quorum shall constitute an

official act of the area committee.

B) Prepare and maintain accurate and

complete records of all activities, meetings,

orders and regulations of the protected area;

C) Employ, as deemed necessary, personsto assist the area committee in its administra-

tion and enforcement activities, includingissuance of permits to applicators;

D) Not engage in the business of buyingor selling pesticides;

E) Promulgate, in consultation with the

department, regulations as provided in subsec-

tion (4) of this section;

F) Carry out the procedures for the establishment of a restricted area as provided in

ORS 634.232;

G) Prepare and make public at annual

meetings to be called by the area committeechairman, annual reports and audits.

H) Be authorized to receive funds from

any source and use the same to carry out andenforce ORS 634.212 to 634.242.

3) Each year after the establishment of a

protected area and at least 15 days prior to the

annual meeting called pursuant to subpara- graph (G) of paragraph (b) of subsection (2) of

this section, the area committee shall notifythe department of the annual meeting time. Upon receipt of such notice, the department

shall initiate and carry out the procedures forelection of members to vacancies on the area

committee and shall follow the procedures forelections provided in subsection ( 1) of this

section. The candidates shall be elected and

take office as provided in subsection (1) of this

section.

4) (a) In accordance with the provisions of

ORS 183.310 to 183.500, the area committee

shall promulgate regulations governing or

prohibiting the application of pesticides within the protected area, by aircraft or otherwise, which relate to the time, place, method of

pesticide application and other matters neces-

sary to prevent damage or injury to susceptible crops, insects, wildlife or forests.

b) In promulgating such regulation, thearea committee shall consider, among otherthings, the:

A) Topography and climate, includingtemperature, humidity and prevailing winds;

1081

SUPERSEDED


B) Characteristics and properties of pesti-

cides used or applied; and

C) Location of susceptible crops, insects, wildlife or forests.

c) Any interested person may petition toenlarge or restrict the regulation of pesticide

application by filing a petition to amend theregulations of the protected area with the area

committee which, in consultation with the

department and in accordance with the provi-

sions of ORS chapter 183, shall allow or denysuch petition and amend the regulations of

the protected area accordingly. [ 1973 c. 341 § 271

634.230 [ Amended by 1953 c.685 § 12; 1961 c.294 § 7; 1965 c. 22 §4; repealed by 1973 c. 341 §371

634.232 Restricted area formation;

matters to be considered; additional areacommittee member. ( 1) At any time afterthe establishment of a protected area, the

department at the request of the area commit-

tee of such protected area, may establish arestricted area in accordance with the provi-

sions of ORS 561. 510 to 561.590 governing theprocedures for the declaration of quarantines,

except the consent of the Governor shall notbe required.

2) The request, referred to in subsection

1) of this section, shall include the following: a) The description, including proposed

boundaries, of the territory proposed to be arestricted area.

b) A concise statement of the need for theestablishment of the restricted area proposed.

c) A concise statement of, the pesticides

and the times, methods or rates of pesticide

application to be restricted.

3) ( a) In considering the establishment ofa restricted area wherein herbicides are to be

restricted, the outer boundaries of such pro-

posed restricted area shall not be in excess of

10 airline miles beyond the outer boundary ofthe protected area, and if a restricted area

wherein all other pesticides are to be restrict-

ed shall not be in excess of one airline mile

beyond the outer boundary of the protectedarea.

b) In considering the establishment of arestricted area, the factors set forth in subsec-

tion (5) of ORS 634.212 shall be considered.

c) ORS 634.216 shall apply to the establishment of a restricted area, except that such

restricted area shall be governed and adminis-

tered by the area committee of the protectedarea, which committee shall have the same

powers and duties set forth in paragraph (b) ofsubsection ( 2) of ORS 634.226, and except

such restricted area shall not be deemed to be

a governmental subdivision of this state as a

public body corporate.

d) In the event that a restricted area is

established pursuant to subsection ( 1) of this

section, the area committee shall be expanded

to include one additional member who resides

in the restricted area, but outside of the pro-

tected area. The additional member shall be

elected in accordance with ORS 634.226. [ 1973

c.341 §281

634.233 [ 1961 c.294 § 9; 1969 x268 §5; repealed by1973 c.341 § 371

634.234 [ 1969 c.268 §3; repealed by 1973 c.341 § 371

634.235 [ 1953 c 685 § 12; 1961 c.294 § 10, 1969 c.268

6; 1971 c.620 §l; repealed by 1973 c.341 §371

634.236 Increasing or decreasing sizeof protected area; consolidation of areas.

1) Upon receiving a petition of any 25 ormore landowners, representing at least 70percent of the acres of land, situated within a

protected area, the department may includeadditional adjacent territory in a protectedarea or withdraw territory from a protectedarea. The procedures to be followed by thedepartment in considering such petition shallbe those set forth in ORS 561.510 to 561.590

governing the procedures for the declarationof quarantines, except that the consent of the

Governor shall not be required.

2) ( a) Upon receiving a petition of any 25or more landowners, representing at least 70percent of the acres of land, situated withintwo or more adjacent protected areas, the

department may consolidate such adjacentprotected areas. The procedures shall be the

same as described in subsection ( 1) of this

section.

b) In the event of consolidation of protect-

ed areas, the corporate existence and terms of

office of the area committee members of the

preexisting protected areas shall terminateupon the filing of the order described in ORS634.216. ORS 634.216 applies to the newlyconsolidated protected area, and all rights,

powers, assets and duties of the several preex-

isting protected areas shall be vested in, andassumed by the newly consolidated protectedarea.

c) The establishment, organization, duties

and authority of the area committee of theconsolidated protected area shall be in accord-

ance with ORS 634.226. [ 1973 c.341 § 291

1082

SUPERSEDED

PESTICIDE CONTROL

634.240 [Amended by 1953 c.685 §12; 1961 c.294 §11; 1969 c. 131 §4; repealed by 1973 c.341 § 371

634.242 Taxing power of area committee; limitation on amount of levy. ( 1)

The area committee of a protected area maylevy and cause to be collected an ad valoremtax for the purpose of paying the obligationsof the protected area incurred in the adminis-

tration of its responsibilities under this chapter.

2) The levy in any one year shall notexceed one - fortieth of one percent (.00025) of

the true cash value of all taxable propertywithin the protected area, computed in accord-

ance with ORS 308.207. The taxes shall be

levied and collected at the time and in the

manner provided for the levy and collection ofstate and county taxes, and shall be paid bythe county officers collecting the same to thetreasurer of the protected area. [ 1973 c.341 § 301

634.245 [ 1953 c.685 § 12; repealed by 1969 c.268 §161

634.250 [Amended by 1953 c.685 §12; 1961 c.294 §12; 1969 c.268 §7; 1971 c.699 § 19; repealed by 1973 c.341 §371

634.260 [Repealed by 1973 c.341 § 371

634.270 [Repealed by 1973 c.341 § 371

634.280 [ 1965 c.22 §3; repealed by 1973 c.341 § 371

634.300 [1969 c.268 §8; repealed by 1973 c 341 §371

ADMINISTRATION AND

ENFORCEMENT

634.306 General duties and powers of

department. In accordance with the provi-

sions of ORS 183. 310 to 183.500, the depart-

ment is authorized to promulgate regulations

necessary to carry out the purposes and intentof this chapter, including but not limited tothe following:

1) Establish and maintain a program

required for a person to work or engage in the

application or spraying of pesticides as a pesticide trainee. In this regard, the department

may take into consideration:

a) Requirements for submission of appli-

cations by pesticide trainees.

b) Minimum and maximum periods ofwork or experience required for pesticidetrainees.

c) Work performance records or reports to

be maintained by pesticide trainees or theiremployers.

d) Acceptance of educational qualifications, applicable work or experience in similar

634.306

or other fields in lieu of, or as a part of, peri-

ods of employment or work by pesticide trainees.

e) Forms and types of pesticide trainee

certificates to be issued by the department, authorizing trainees to apply pesticides in allor part of the classes of operations or businesses set forth in subsection (2) of this section.

f) Laws and requirements relating toother professional, trade or industry trainee orapprenticeship programs in this or otherstates.

g) Special requirements if the pesticidetrainee is to apply pesticides by the use ofaircraft, and the advisability of allowingparticipation in federal flight training programs to be substituted, all or in part, for

training requirements under this chapter. 2) Establish and maintain classifications

of the various pesticides and of the various

pest control or pesticide application businesses

in order to facilitate the licensing or certification and regulation of pesticide consultants,

operators, applicators, private applicators and

trainees. In this regard the department maytake into consideration:

a) Various types, formulations and char-

acteristics of pesticides used and their pur-

poses.

b) Various methods of application of suchpesticides.

c) Precautions required for safe and effec-

tive application of such pesticides.

3) Designate pesticides authorized to beused or applied, or prohibited from use or

application, by persons in order to qualify foran exemption under ORS 634. 106.

4) Establish and maintain classifications

of pesticides and devices which are deemed to

be highly toxic or restricted -use pesticides ordevices. In this regard, the department shall

take into consideration:

a) Laws and regulations of the Federal

Government, including the provisions of theFederal Insecticide, Fungicide and Rodenti-

cide Act, as amended, and the Federal Envi- ronmental Pesticide Control Act.

b) Laws and regulations of other states.

c) Advice and counsel of experts in pesti-

cides from industry, universities and collegesand other governmental agencies or bodies.

5) Establish and maintain types of pesti-

cide consultant or applicator examinations

and reexaminations, schedules for required

1083

SUPERSEDED


reexaminations and other measures deemed ( 13) Establish restrictions, methods and

necessary for fair and reasonable testing of procedures in the storage, transportation, useapplicants as provided in subsection ( 5) of or application of restricted -use pesticides or

ORS 634.122. highly toxic pesticides in order to protect

6) Designate the conditions under whichbe 1

pesticide operators spraying by aircraft mayreduce, suspend or terminate the liabilityinsurance required by ORS 634.116, and theperiods of time therefor. In this regard, the

department may take into consideration:

a) Changes in climate or seasons.

b) Periods when certain crops are or havebeen harvested.

c) Restricted or limited use of various

types or classes of pesticides.

d) Possibilities of injury or death to persons and loss or damage to real or personal

property.

7) Establish the conditions and amounts

allowed for deductible classes in the liabilityinsurance required by ORS 634.116.

8) Establish and maintain programs of

instruction or educational courses for pesticideconsultants, operators, applicators and private

applicators in cooperation with Oregon State

University or others, wherein, as far as ispracticable, provisions are made so as to allow

such pesticide operators and applicators to

participate only in the instruction or coursesdirectly or indirectly related to their particular activities. Attendance of licensees may berequired.

9) Prepare and distribute a manual, or

other form of publication, containing information helpful and beneficial to persons engagedin pesticide application or use or to persons

preparing to qualify for licensing as a pesticide operator, consultants or applicator and

establish charges therefor.

10) Establish, from time to time, advisorygroups or committees to assist the departmentin formulation of policies, plans or regulations

under this chapter. Each member of any suchgroup or committee so established shall beentitled to compensation and expenses as

provided in ORS 292.495, which shall be

charged to the department.

11) Establish registration fees for pesti-

cide brands and formulae or formulationsthereunder.

12) Establish restrictions or prohibitionsas to the form of pesticides allowed to be mix-

ed, applied or added to fertilizers, seed or

grains.

humans, pollmating Insects, es, aroma s,

crops, wildlife, land or environment.

14) Establish and maintain a system for

certification of private applicators. In this

regard, the department shall take into consideration:

a) Laws and regulations of the Federal

Government, including the provisions of theFederal Environmental Pesticide Control Actof 1972, 86 Stat. 973, and the Federal Insecti- cide, Fungicide and Rodenticide Act, 7 U.S.C.

135 Et. Seq., as amended thereby, and regulations thereunder.

b) Minimum periods of experience re-

quired and types of experience, education or

work acceptable.

c) Forms and types of private applicator

certificates to be issued by the department, authorizing private applicators to apply pesticides in all or part of the classifications of

pesticides set forth in subsection ( 4) of this

section. [ 1973 c.341 § 321

634.310 [ 1969 c.268 §9; repealed by 1973 c.341 §371

634.312 Department to develop programs for solution of pesticide and syn-

thetic chemical problems. The increasingformulation, distribution, application and useof pesticides and other synthetic chemicals

have created serious problems with storage,

disposition and transportation of pesticides

and other synthetic chemicals which cannot or

should not be distributed, applied or used.

Such problems include but are not limited tothe recall and storage of pesticides and other

synthetic chemicals prohibited from distribution, application or use because of a violation

of or noncompliance with a law or regulation.

The department shall review scientific infor-

mation relating to such problems and developimmediate and long -range programs or plansfor solutions to such problems, and for thesepurposes seek the advice of the committee,

established by ORS 634.352, and other governmental agencies or bodies. [1973 c.341 § 41

634.316 Establishing list of highlytoxic and restricted -use pesticides. The

department may establish, maintain and

amend lists of pesticides and devices which

are highly toxic or restricted -use pesticides ordevices. [ 1973 c.341 § 81

1084

634.320 [ 1969 c.268 § 10; repealed by 1973 c.341 §371

SUPERSEDED

PESTICIDE CONTROL

634.322 Enforcement powers of de-

partment. In carrying out and enforcing theprovisions of this chapter, the department isauthorized:

1) To collect samples of pesticides fromany source, for analysis to determine compliance with this chapter.

2) In accordance with the provisions ofORS 561.605 to 561. 630, to seize or embargoany pesticide or device which is misbranded, adulterated or otherwise in violation of thischapter.

3) Notwithstanding the provisions of ORS561.605 to 561.630, whenever the departmenthas reasonable cause to believe a pesticide or

device is being formulated, distributed, storedor transported in violation of any of the provisions of this chapter, to issue and serve a

written " stop sale, use or removal' order to

and upon the owner or person in custody ofany such pesticide or device. In the event theowner or person in custody is not available forservice of the order, the department mayattach a copy of the order to the pesticide ordevice. Upon issuance of the order, the pesticide or device shall not be sold, used or removed until the provisions of this chapter

have been complied with and the pesticide or

device has been released, by written notice ofthe department, under conditions specified bythe department.

4) In accordance with the provisions ofORS 183. 310 to 183.500, to revoke, suspend or

refuse to issue or renew any license or certificate if it determines that an applicant, licen-

see or certificate holder has violated any ofthe provisions of this chapter.

5) In accordance with the provisions ofORS 183.310 to 183.500, to amend, suspend orrevoke the registration of a pesticide for viola-

tion of any of the provisions of this chapter.

6) To establish limitations and proceduresdeemed necessary and proper for the protection of persons, pollinating insects, bees, animals, crops, wildlife, land or environment, on

the following:

a) Quantities of packages;

b) Quantities of sales;

c) Uses or applications;

d) Methods of sale, including prescriptionor permit requirements; or

e) Persons to whom sold.

7) To inspect any records required to bemaintained by persons formulating, distribut-

634.326

ing, using or selling the pesticides described insubsection ( 4) of ORS 634.306, and to cause

monitoring of the effects of such pesticides onhuman or animal life in any area where it isused or applied by a recognized and qualifiedperson or agency.

8) To enter into cooperative and reciprocal agreements with the Federal Government,

or any of its agencies, for the purpose of enforcement of the provisions of this chapter orfederal laws and regulations on the samesubject matters, and to receive and expend

funds pursuant to such agreements in furtherance of such purpose.

9) To cooperate with, and request the

assistance of, Oregon State University, governmental agencies or other persons for the

purpose of enforcement of the provisions of

this chapter.

10) ( a) To act jointly in, and with theconcurrence of the State Forester and a re-

search specialist designated by Oregon StateUniversity, the issuance of permits for the useof isopropyl ester of 2,4-D or any other ester ofequal or higher volatility with regard to plantdamage. Each such permit shall specify:

A) The particular ester allowed;

B) The boundaries of the area in which it

may be used; andC) The prescribed time limit and condi-

tion under which it may be applied.

b) Such permits shall only be issued whenthe issuing authority determines that the useof the ester will not damage agricultural andforest products and susceptible crops. In mak-

ing such determination, the issuing authorityshall consider research data, topography, climate, temperature, humidity, prevailingwinds, characteristics of the ester and location

of agricultural and forest products and susceptible crops. Such permits may be issued subject to conditions prescribed by the issuingauthority. Issuance of such permit shall not beconstrued as a waiver of any of the provisionsof this chapter. [ 1973 c.341 § 33; 1979 c.232 § 31


ceived by department. The departmentshall deposit all fees paid to it under the provisions of this chapter in the Department ofAgriculture Service Fund. Such moneys are

continuously appropriated to the departmentfor the purpose of administering and enforcing the provisions of this chapter. [ 1973 c.341

35; 1979 c 499 §331

1085

634.330 [1969 c.268 §11; repealed by 1971 c.699 §22]

SUPERSEDED


634.340 [1969 c. 268 § 12; repealed by 1971 c.699 §221

634.350 [ 1969 c.268 § 2; 1971 c.699 § 18; repealed by1973 c.341 §371

COMMITTEE ON SYNTHETIC

CHEMICALS IN THEENVIRONMENT

634.352 Committee on Synthetic

Chemicals in the Environment; members; qualifications; terms; vacancies; quorum;

compensation and expenses. ( 1) There is

established the Committee on Synthetic

Chemicals in the Environment, consisting of12 members, 11 of whom shall be appointed bythe Governor and serve at his pleasure.

2) The committee shall be appointed as

follows:

a) One member shall represent the department.

b) One member shall be appointed from

the State Forestry Department, one memberfrom the State Department of Fish and Wild- life and one member from the State Depart-

ment of Geology and Mineral Industries. c) One member shall represent the

Health Division of the Department of Human

Resources.

d) One member shall represent the De-

partment of Environmental Quality.

e) One member shall represent the state's

Public Utility Commissioner or Department ofTransportation.

f) One member shall represent the Envi- ronmental Health Sciences Center of Oregon

State University.

g) One member shall represent the pesticide chemical industry.

h) Two members shall represent the pub-

lic at large.

i) One member shall represent the emer-

gency service agencies of the state.

3) The term of each member, except the

department's representative, shall be for three

years beginning July 1 of the year of appointment. A member shall continue to serve until

a successor is appointed. Vacancies in office

shall be filled by appointment for the unexpired term. Members shall be entitled to compensation and expenses as provided in ORS

292.495, which shall be paid by the agency orgovernmental body served by the committee. A majority of the committee shall constitute aquorum for the transaction of business. A

meeting may be called by the Director ofAgriculture or the chairman of the committee.

4) The Director of Agriculture shall in

July of each year appoint either the representative of the department or the representative

of the Department of Environmental Qualityas the chairman of the committee to serve forone year. A chairman may be reappointedwithout limitation. [ 1973 c.341 § 5; 1979 c.232 §41

634.356 Knowledge and experience

requirements for committee members;

purpose and duties of committee. ( 1) The

Committee on Synthetic Chemicals in theEnvironment shall be composed of knowledge-

able and capable persons within Oregon whoare experienced with the management and use

of pesticides and other synthetic chemicals.

2) The purposes of such committee are to

provide advisory information and creativeleadership in the evaluation of the use anddisposition of pesticides and other synthetic

chemicals, considering the risk involved to theenvironment versus the benefits to be derivedtherefrom, and to that end to conduct reviews

and studies for the development of factualdata relevant to such evaluation.

3) The committee may advise the department and any other state agency or governmental body in connection with the enforcement of laws over which each has jurisdictionin the field of pesticides or other synthetic

chemicals, including disposition of residuesfrom the manufacture of such materials andcontainers thereof, transportation, sale or use.

1973 c.341 §61

634.360 [ 1969 c.268 § 13; repealed by 1971 c.699 §221

PROHIBITIONS

634.372 Prohibited acts. No person

shall:

1) Make false or misleading claimsthrough any media, relating to the effect ofpesticides or application methods to be utilized.

2) As a pesticide applicator or operator,

intentionally or wilfully apply or use a worth- less pesticide or any pesticide inconsistentwith its labeling, or as a pesticide consultantor dealer, recommend or distribute such pesti-

cides.

3) Operate a faulty or unsafe pesticidespray apparatus, aircraft or other applicationdevice or equipment.

1086

SUPERSEDED

PESTICIDE CONTROL

4) Perform pesticide application activitiesin a faulty, careless or negligent manner.

5) Refuse or neglect to prepare and maintain records required to be kept by the provisions of this chapter.

6) Make false, misleading or fraudulentrecords, reports or application forms required

by the provisions of this chapter.

7) Operate pesticide applicators' apparatus, machinery or equipment without a licensed pesticide applicator or certified private

applicator performing the actual application, or supervising such application if such isperformed by a pesticide trainee. This prohibition does not apply to the operation of trac- tors, trucks or other vehicular equipment used

only under the supervision of a certified private applicator.

8) As a pesticide applicator, work or en-

gage in the application of any classes of pesticides without first obtaining and maintaininga pesticide applicator's license, or apply pesticides which are not specifically authorized bysuch license.

9) As a pesticide operator, engage in the

business of, or represent or advertise as beingin the business of, applying pesticides uponthe land or property of another, without firstobtaining and maintaining a pesticide operator's license, nor shall such person engage in aclass of pesticide application business which is

not specifically authorized by license issued bythe department. Further, no such person shall

employ or use any person to apply or spraypesticides who is not a licensed pesticide applicator or pesticide trainee.

10) As a pesticide trainee, work or engage

in the application of any class of pesticideswithout first obtaining and maintaining apesticide trainee's certificate and is otherwise

in compliance with the provisions of this chapter.

11) Act, or represent himself, as a pesticide dealer or advertise himself as such without first obtaining and maintaining a pesticide dealer's license.

12) Act, or represent himself, as a pesti-

cide consultant without first obtaining andmaintaining a pesticide consultant's license.

13) Apply any pesticide classified as arestricted -use or highly toxic pesticide toagricultural, horticultural or forest crops onland owned or leased by him without firstobtaining and maintaining a private applicator certificate.

634.410

14) As a person described in subsection5) of ORS 634.106, 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 thedepartment.

15) Deliver, distribute, sell or offer forsale any pesticide which is misbranded.

16) Formulate, deliver, distribute, sell or

offer for sale any pesticide which is adulterated.


offer for sale any pesticide which has not beenregistered as required by ORS 634.016.


offer for sale any powdered pesticide containing arsenic or any highly toxic fluoride whichis not distinctly colored.

19) Distribute, sell or offer for sale anypesticide except in the manufacturer's originalunbroken package.

20) Make application of pesticides, byaircraft or otherwise, within a protected or

restricted area without first obtaining a permit for such application from the committee ofthe protected or restricted area in which the

application is to be made, nor shall such per-

son make such application contrary to theconditions or terms of the permit so issued.

21) Use isopropyl ester of 2,4 -D, or anyother ester of equal or higher volatility withregard to plant damage as determined by thedepartment, without first obtaining a permitfor such use as provided in subsection ( 10) ofORS 634.322.

22) Sell, use or remove any pesticide ordevice subjected to a " stop sale, use or removal" order until the pesticide or device has beenreleased therefrom as provided in subsection

3) of ORS 634.322. [ 1973 c 341 § 34]

THIRAM STUDY AND

RESTRICTIONS

634.410 Study of effects of thiram onhealth and safety; evaluation; report. TheWorkers' Compensation Board shall cause theOccupational Health Section to conduct a

study or insure that a study is conducted, ofthe effects on occupational health and safetyof the use in reforestation activities of treeseedlings treated with the pesticide thiram or

any formulation containing the chemicaltetramethylthiuram disulfide. The study shallinclude evaluation of alternative precaution-

1087

SUPERSEDED


ary measures that may be taken to protect thehealth and safety of individuals involved inreforestation activities who handle tree seedlings treated with thiram. The board shallreport its findings and recommendations to

the State Department of Agriculture not laterthan December 1, 1976. [ 1975 c 777 § 21

634.415 Rules to insure adequate

precautionary measures in use of thiramin reforestation. The Workers' Compensation

Board shall as a result of the study direct theOccupational Health Section to promulgate

rules and regulations to insure that adequate

precautionary measures and procedures are

followed during the use of thiram in reforestation operations. [1975 c.777 § 31

634.420 Limit on use of thiram; effect

of study. Notwithstanding any other provision of this chapter, the department shall notregister or otherwise authorize the use of the

pesticide thiram as a repellent on forest treeseedlings after June 1, 1977, unless a report to

the department made pursuant to ORS

634.410 to 634.425 states that thiram may beused for such purpose without creating aserious health or safety hazard to individualsinvolved in reforestation activities who handle

tree seedlings treated with thiram and that

adequate precautionary measures may bereasonably undertaken to offset any substantial hazards involved in the use of thiram.

1975 c 777 § 41

634.425 Construction of ORS 634.410

to 634.425. Nothing in ORS 634.410 to634.425 shall be construed so as to limit the

authority of the department to refuse registration of the chemical thiram prior to June 1,

1977. [ 1975 c.777 § 51

PENALTIES

634.990 [ Amended by 1961 c.294 § 13; repealed by1973 c.341 § 371

634.992 Penalties. Violation of any ofthe provisions of this chapter is an unclassi-

fied misdemeanor and is punishable, upon the

first conviction, by a fine of not more than1, 000, or by imprisonment in the county jail

for not more than one year, or both, and upon

a second or additional conviction, by a fine ofnot more than $2,000, or by imprisonment inthe county jail for not more than one year, orboth. [1973 c. 341 § 361


Pursuant to ORS 173 170, I, Thomas G Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter arecorrect copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173 160 and otherchanges specifically authorized by lawDone at Salem, Oregon, Thomas G. Clifford


1088

SUPERSEDED

Chapter 635


Nonalcoholic Beverages

635.015 Definitions 635.045 Rulemaldng authority of department635.025 Short title; enforcement by department relating to nonalcoholic beverage busi- 635.027 License required for manufacture of

nessnonalcoholic beverage; exceptions

635.030 Application for and issue of license; dispo- 635.055 Standards for rules promulgated by de- sition of fees

partment; conformity with federal rules635.040 Refusal, suspension or revocation of

license 635.991 Penalties

CROSS REFERENCES

Administrative procedures and rules of state agencies, 635.030183.310 to 183.500 Expenditures without allotment

Beverage containers, regulation of use and sale, 459.810Prohibited in certain

to 459.890 cases, 291 238

Purity of food, Ch. 616Sanitary conditions for handling, 616.735 to 616.740

1089

SUPERSEDED


1090

SUPERSEDED

NONALCOHOLIC BEVERAGES

635.010 [Repealed by 1967 c. 154 §91



2) " Nonalcoholic beverage manufacturingbusiness" or the " business of a nonalcoholicbeverage manufacturer" means the operationsand business of and the owner or operatorthereof, who manufactures, makes bottles,

handles, distributes, holds for sale, or sellssoda or soda waters, mineral waters, carbonat-

ed beverages and other nonalcoholic drinks orbeverages otherwise known as soft drinks, except those that are exempt as not covered as

provided in ORS 635.027 or those exempted bythe department. [ 1967 c. 154 § 11

635.020 [Repealed by 1967 c. 154 §91

635.025 Short title; enforcement bydepartment. This chapter, which may becited as the Oregon Nonalcoholic BeveragePlant Law, shall be enforced and carried out

by the department. [1967 c. 154 § 21

635.027 License required for manu-

facture of nonalcoholic beverage; exceptions. (1) Except as otherwise provided in thischapter, no person shall operate or engage in

the business of a nonalcoholic beverage manu-

facturer without first obtaining and thereafter maintaining a license, or renewal thereof, from the department. No license is required ofa person who:

a) Sells nonalcoholic drink or beverageproducts in or from their original containersat wholesale or retail.

b) Mixes or sells nonalcoholic products inthe usual course of business at a soda foun- tain.

c) Engages in the nonalcoholic beverage

manufacturing business in a building andusing machinery, equipment and all facilitieswhich have been approved and licensed by thedepartment for use in the processing of fluidmilk to be labeled with "grade `A' " pursuant

to ORS chapter 621.

2) The provisions of paragraphs ( a), ( b) and (c) of subsection ( 1) of this section howev-

er do not exempt any person, or his business, from the application of any other provisions ofthis chapter. [ 1967 c. 154 §31

635.030 Application for and issue oflicense; disposition of fees. ( 1) Any persondesiring to or who does engage in the business

635.045

of a nonalcoholic beverage manufacturer shall

apply to the department for a license for eachplant operated by such person. The applicationshall be in such form and contain such infor-

mation as the department may prescribe.

2) The department shall charge for eachlicense issued a fee of $100.

3) All such licenses shall be issued for the

calendar year or any remaining portion thereof. The department shall collect for each li-

cense and for each renewal thereof the licensefee computed as provided in subsection ( 2) of

this section. The fee shall be remitted by thedepartment to the State Treasurer. The StateTreasurer shall place all moneys so receivedin the Department of Agriculture ServiceFund and such fees are appropriated to the

department for the purpose of administeringand enforcing the provisions of this chapter. Amended by 1955 c.666 § l; 1967 c. 154 §4; 1979 c.183 §4;

1979 c.499 §351

635.040 Refusal, suspension or revo-

cation of license. The department may refuse to issue, suspend or revoke any licensefor failure to comply with this chapter, orregulations promulgated thereunder. [Amended

by 1961 c.425 §191

635.045 Rulemalung authority of

department relating to nonalcoholic beverage business. After public hearing andunder the provisions of ORS 183.310 to

183.500, in connection with and covering all ofthe operations and the business of a nonalco-

holic beverage manufacturer, and the bever-

age and drink products covered by ORS635.015 to 635.030 and 635.045 to 635.991,

the department is authorized to promulgate

rules relating to:

1) Definitions, standards of identity, marking, labeling, advertising, branding ortagging of such drink and beverage products.

2) The subject matters set forth in para-

graph (a) of subsection (1) of ORS 616.700.

3) Storage, handling and use of ingredients which will be or are a part of the drink

and beverage products.

4) Other subject matters set forth in ORSchapter 616, ORS 632.275 to 632.290, 632.450to 632.490 and 632.900 to 632.985 and other

provisions reasonably necessary to insure thatthe products are sanitary and healthful. [ 1967

c. 154 §51

1091

635.050 [Repealed by 1967 c 154 §91

SUPERSEDED


635.055 Standards for rules promul-

gated by department; conformity with

federal rules. In carrying out the intent andpurpose of ORS 635.045, the department in

addition to taking into consideration the desires and needs of the nonalcoholic beverage

manufacturing industry and the evidence andtestimony received at a public hearing, shallalso take into consideration the laws and rulesof this state, other states and the FederalGovernment. Unless there is substantial evi-

dence and testimony to the contrary, the department shall as far as is reasonable and

practical, make its rules conform to, and theyshall not be more restrictive than, the rules of

the Federal Food and Drug Administration orother federal enforcement agency. [ 1967 c. 154

61

635.060 [Repealed by 1955 c.666 §51

635.061 [ 1955 c.666 §4; repealed by 1967 c. 154 §91

635.070 [Repealed by 1967 c 154 §91

635.080 [Repealed by 1967 c. 154 §91

635.090 [Repealed by 1967 c. 154 §91

635.100 [Repealed by 1967 x154 §91


635. 120 [Repealed by 1967 c.154 §91

635.130 [ Repealed by 1955 c 666 §51

635. 140 [Repealed by 1967 c. 154 §91

635.150 [Repealed by 1967 c. 154 §91

635.160 [Repealed by 1967 c. 154 §91

635.170 [Repealed by 1967 c. 154 §91

635. 180 [Repealed by 1967 c. 154 §91

635.990 [Repealed by 1967 c. 154 §91

635.991 Penalties. Violation of any

provision of this chapter is punishable, upon

conviction, by a fine not exceeding $500 or byimprisonment in the county jail not exceedingsix months, or both. [1967 c. 154 § 81


Pursuant to ORS 173. 170, I, Thomas G. Clifford, Legislative Counsel, do hereby certify that I have compared eachsection printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter arecorrect copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173.160 and otherchanges specifically authorized by lawDone at Salem, Oregon, Thomas G. Clifford



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1979 replacement part dead animals...

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