(1) The State Department of Agriculture, by rule, shall establish definitions and standards of identity, quality and fill of container for the State of Oregon. In carrying out the provisions of this subsection, the department shall take into consideration definitions and standards established in other states and definitions and standards established pursuant to the federal Act.
(2) Whenever in the judgment of the department such action will promote honesty and fair dealing in the interest of consumers, the department shall promulgate rules establishing definitions and standards of identity, quality and fill of container for foods for which no such definitions or standards have been established under the federal Act. In addition, the department may promulgate rules supplementing or amending any rule under the federal Act which sets definitions and standards of identity, quality and fill of container for foods.
(3) Temporary permits for interstate shipment of experimental packs of food varying from the requirements of definitions and standards of identity under the federal Act are effective in this state under the conditions stated in such permits. In addition, the department may issue additional permits when such permits are determined by the department to be necessary to the completion or conclusiveness of an otherwise adequate investigation and when the interests of consumers are safeguarded. Such permits shall be subject to any terms and conditions the department may prescribe. [Amended by 1973 c.227 §5; 1975 c.304 §5]
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