Oregon Statutes - Chapter 622 - Shellfish

• 622.010   Definitions.
  As used in this chapter: (1) “Dealer” means every person or peddler engaged in the business of growing, harvesting, processing or distributing shellfish for human...
• 622.020   Certificate of shellfish sanitation required to be dealer.
  No person shall act as a dealer without the certificate or certificates of shellfish sanitation issued by the State Department of Agriculture. [1955 c.331 §3;...
• 622.030   Exemptions.
  This chapter shall not affect the following: (1) Retail stores selling to the ultimate consumer. (2) Operations subject to ORS chapters 616, 619, 621, 625,...
• 622.040   Certificate required for each area of operation.
  A certificate of shellfish sanitation shall specify the area of operation to which it applies. A separate certificate validated for each area of operation as...
• 622.050   Application for certificate; inspections; expiration and renewal; rules.
  (1) A dealer shall make application to the State Department of Agriculture for a certificate or certificates of shellfish sanitation. The application shall be accompanied...
• 622.060   [1955 c.331 §9; repealed by 1973 c.508 §5; (622.065 enacted in lieu of 622.060)]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 certificate; procedure.
  (1) The State Department of Agriculture may suspend, deny or revoke any certificate of shellfish sanitation issued under this section for violation of any applicable...
• 622.070   [1955 c.331 §10; repealed by 1973 c.508 §5 (622.065 enacted in lieu of 622.070)]
• 622.080   Certificate fees.
  (1)(a) Persons engaged in the growing, production, harvesting or distribution of shellfish who receive from such operations not more than $60,000 in annual gross income...
• 622.090   Disposition of fees.
  The moneys received under ORS 622.050 shall be paid into the State Treasury and placed to the credit of the Department of Agriculture Service Fund....
• 622.100   Certificate not transferable.
  A certificate of shellfish sanitation issued under this chapter is not transferable from one dealer to another or from one area of operation to another....
• 622.110   Display of certificates.
  Every dealer shall display the certificate of the dealer or certificates of shellfish sanitation in accordance with the rules made under this chapter. [1955 c.331...
• 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...
• 622.170   Records of amount and source of shellfish.
  Any dealer who gathers or receives shellfish from any source other than that designated in the certificate or certificates of shellfish sanitation shall keep accurate...
• 622.175   Contract with State Police for enforcement.
  The State Department of Agriculture may contract with the Department of State Police, using such funds as may be available therefor from fees paid to...
• 622.180   Powers of department; rules; inspections; samples; condemnation.
  For the protection of the public health, the State Department of Agriculture shall have the following powers and all powers necessary and proper to insure...
• 622.210   Department defined.
  As used in ORS 622.210 to 622.360, “department” means the State Department of Agriculture. [1981 c.638 §2; 1997 c.375 §1]
• 622.220   Jurisdiction; rules; violations.
  (1) The commercial cultivation of oysters, clams and mussels is declared to be an agricultural activity subject to the regulatory authority of the State Department...
• 622.230   Conversion of plantations to plats; fees.
  All plats, rights, claims and plantations, and leases lawfully held for such plats, rights, claims and plantations that exist upon the passage of this 1969...
• 622.240   Classifying lands for cultivation.
  The State Department of Agriculture shall investigate and classify those state lands that are suitable for oyster, clam or mussel cultivation. The department shall consult...
• 622.250   Application for new plats; fee; notice.
  (1) Applicants for new oyster plats, in addition to submitting an application in compliance with ORS 622.230 (1) and (2) and the submission of a...
• 622.260   Copies of laws to be available.
  The State Department of Agriculture shall cause copies of the provisions of ORS 622.230 and 622.250 to be made available at the courthouse of each...
• 622.270   Reports of cultivators.
  Any person cultivating oysters, clams or mussels shall file an annual report with the State Department of Agriculture before March 1 of each year showing...
• 622.280   Withdrawal of unproductive lands.
  (1) If, for a period of three years after the filing of a plat under chapter 675, Oregon Laws 1969, more than one-half the lands...
• 622.290   Annual fees and taxes.
  (1) Persons using state lands for cultivating oysters, clams or mussels shall pay annual cultivation fees and use taxes quarterly to the State Department of...
• 622.300   Use of fees and taxes.
  All moneys received by the State Department of Agriculture under ORS 622.290 shall be paid over to the State Treasurer and deposited in the Department...
• 622.310   Effect on prior-acquired rights.
  Nothing in ORS 506.036 and 622.210 to 622.310 affects any oyster cultivation right acquired prior to January 1, 1982, pursuant to chapter 675, Oregon Laws...
• 622.320   Plats as private property; restriction of public use of waters prohibited.
  Any plats of lands for the cultivation of oysters, clams or mussels held by citizens of this state, if distinctly marked out by means which...
• 622.330   Private oyster beds acquired under prior law not affected.
  Nothing in ORS 509.505, 511.625, 622.210 to 622.300 and 622.320 interferes with any rights in, or ownership of, any private plantations of oysters or oyster...
• 622.340   Transfer by reference to filed plat; fee.
  (1) Sales, leases, assignments, conveyances, relinquishments and other transfers of oyster plantations and claims, or parts thereof, or of plats for the cultivation of oysters,...
• 622.350   Prior claims, plats, transfers or debts unaffected.
  Nothing in ORS 622.340 invalidates any claim or plat filed prior to June 14, 1939, or invalidates in any manner any transfers, debts or conveyances...
• 622.360   Cultivation does not affect ocean shore activities.
  Nothing in ORS 622.210, 622.220, 622.240, 622.250, 622.270, 622.280, 622.290, 622.320 or 622.340 is intended to affect activities on the ocean shore, as defined in...
• 622.990   [1955 c.331 §11; repealed by 1973 c.508 §12 (622.992 enacted in lieu of 622.990)]
• 622.992   Penalties.
  Violation of any provision of ORS 622.010 to 622.180 or the rules of the division promulgated under ORS 622.180 is a Class C misdemeanor. [1973...

Last modified: August 7, 2008