Oregon Statutes - Chapter 632 - Grades, Standards and Labels for Agricultural and Horticultural Products

• 632.005   [Amended by 1959 c.633 §2; 1961 c.655 §1; repealed by 1965 c.582 §24]
• 632.007   [1961 c.655 §6; 1965 c.582 §21; renumbered 632.710]
• 632.010   [Repealed by 1965 c.582 §24]
• 632.015   [Amended by 1959 c.633 §3; repealed by 1965 c.582 §24]
• 632.020   [Amended by 1959 c.633 §4; repealed by 1965 c.582 §24]
• 632.025   [Repealed by 1965 c.582 §24]
• 632.030   [Repealed by 1965 c.582 §24]
• 632.035   [Amended by 1959 c.633 §5; 1961 c.655 §3; repealed by 1965 c.582 §24]
• 632.040   [Renumbered 632.730]
• 632.045   [Amended by 1961 c.425 §16; repealed by 1965 c.582 §24]
• 632.050   [Amended by 1959 c.633 §6; repealed by 1965 c.582 §24]
• 632.055   [Repealed by 1965 c.582 §24]
• 632.060   [Renumbered 632.755]
• 632.065   [Repealed by 1965 c.582 §24]
• 632.067   [1959 c.633 §9; 1961 c.655 §4; repealed by 1965 c.582 §24]
• 632.070   [Repealed by 1965 c.582 §24]
• 632.075   [Repealed by 1965 c.582 §24]
• 632.080   [Repealed by 1965 c.582 §24]
• 632.085   [Renumbered 632.750]
• 632.090   [Amended by 1955 c.91 §1; 1959 c.633 §7; repealed by 1965 c.582 §24]
• 632.092   [1959 c.633 §8; repealed by 1965 c.582 §24]
• 632.095   [Repealed by 1965 c.582 §24]
• 632.097   [1961 c.655 §7; 1965 c.582 §19; renumbered 632.760]
• 632.098   [1961 c.655 §8; repealed by 1965 c.582 §24]
• 632.100   [Subsection (2) of 1961 Replacement Part enacted as 1961 c.655 §9; repealed by 1965 c.582 §24]
• 632.105   [Repealed by 1965 c.582 §24]
• 632.110   [Renumbered 632.815]
• 632.115   [Repealed by 1965 c.582 §24]
• 632.120   [Repealed by 1965 c.582 §24]
• 632.125   [Repealed by 1965 c.582 §24]
• 632.205   [Repealed by 1955 c.363 §16]
• 632.206   Definitions for ORS 632.211 to 632.260.
  As used in ORS 632.211 to 632.260: (1) “Culls” means onions which fail to meet the standard of any grade established by the State Department...
• 632.210   [Repealed by 1955 c.363 §16]
• 632.211   Establishment of grades and standards; grading and inspection fee.
  (1) The State Department of Agriculture shall, in accordance with the applicable provisions of ORS 632.900 to 632.935, establish grades and standards for onions which...
• 632.215   [Repealed by 1955 c.363 §16]
• 632.216   Certificate of grade required before sale or transportation of onions; exceptions.
  (1) No person shall sell or transport onions without first obtaining a certificate of grade pursuant to ORS 632.940 to 632.965, unless the onions are:...
• 632.220   [Repealed by 1955 c.363 §16]
• 632.221   Only one inspection of each load or lot.
  No more than one inspection under ORS 632.216 is required for any load or lot of onions, regardless of the fact that, after inspection, the...
• 632.225   [Repealed by 1955 c.363 §16]
• 632.226   Labeling.
  Except as otherwise provided in ORS 632.231 and 632.236, no person shall sell or transport onions, unless their container is labeled with: (1) The name...
• 632.230   [Repealed by 1955 c.363 §16]
• 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...
• 632.235   [Repealed by 1955 c.363 §16]
• 632.236   Transportation of unlabeled onions.
  (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...
• 632.240   [Repealed by 1955 c.363 §16]
• 632.241   Transportation permits; fee.
  (1) Permits for transportation under ORS 632.236 (2) shall be issued by the State Department of Agriculture to any person upon request made prior to...
• 632.245   [Repealed by 1955 c.363 §16]
• 632.246   Seizure of unlawful onions.
  The State Department of Agriculture may seize or detain any onions sold or transported in violation of any provision of ORS 632.216 or 632.226. [1955...
• 632.250   [Repealed by 1955 c.363 §16]
• 632.251   Access to premises or vehicle for inspection purposes.
  The State Department of Agriculture or any of its duly authorized representatives shall have free access at any reasonable hours to any place or premises...
• 632.255   [1955 c.363 §11; repealed by 1965 c.276 §2]
• 632.260   Defendant in prosecution to plead any exemption.
  In any criminal proceeding brought for violation of any of the provisions of ORS 632.216 or 632.226, exemption of the party accused from the requirements...
• 632.275   Filing trademark for containers, equipment and supplies for fruit and vegetables.
  Any persons, firms, corporations or associations engaged in producing, packing, canning tree fruits, vegetables and small fruits who furnish or provide lug boxes or containers...
• 632.280   Unlawful use of, or traffic in, name or mark as presumptive evidence.
  Each of the following is presumptive evidence of unlawful use of or traffic in the containers, supplies or equipment described in ORS 632.275 if the...
• 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...
• 632.290   Acquiring of marked containers, supplies and equipment.
  Any person, firm, corporation or association, or any member of such corporation or association acquiring containers, supplies or equipment marked pursuant to ORS 632.275, by...
• 632.305   [Repealed by 1955 c.711 §1]
• 632.306   [1955 c.711 §§2, 5; 1957 c.96 §1; repealed by 1997 c.410 §1]
• 632.310   [Repealed by 1955 c.711 §1]
• 632.311   [1955 c.711 §4; repealed by 1997 c.410 §1]
• 632.315   [Repealed by 1955 c.711 §1]
• 632.316   [1955 c.711 §13; repealed by 1997 c.410 §1]
• 632.320   [Repealed by 1955 c.711 §1]
• 632.321   [1955 c.711 §6; 1957 c.96 §2; repealed by 1997 c.410 §1]
• 632.325   [Repealed by 1955 c.711 §1]
• 632.326   [1955 c.711 §7; 1957 c.96 §3; repealed by 1997 c.410 §1]
• 632.330   [Repealed by 1955 c.711 §1]
• 632.331   [1955 c.711 §8; 1957 c.96 §4; repealed by 1997 c.410 §1]
• 632.335   [Repealed by 1955 c.711 §1]
• 632.336   [1955 c.711 §9; 1957 c.96 §5; 1993 c.46 §2; repealed by 1997 c.410 §1]
• 632.340   [Repealed by 1955 c.711 §1]
• 632.341   [1955 c.711 §10; 1993 c.46 §1; repealed by 1997 c.410 §1]
• 632.345   [Repealed by 1955 c.711 §1]
• 632.346   [1955 c.711 §11; repealed by 1997 c.410 §1]
• 632.350   [Repealed by 1955 c.711 §1]
• 632.351   [1955 c.711 §12; repealed by 1997 c.410 §1]
• 632.355   [Repealed by 1955 c.711 §1]
• 632.356   [1955 c.711 §14; repealed by 1965 c.276 §2]
• 632.360   [Repealed by 1955 c.711 §1]
• 632.361   [1955 c.711 §3; repealed by 1997 c.410 §1]
• 632.405   [Repealed by 2007 c.71 §189]
• 632.410   Establishing official grades and standards.
  (1) The State Department of Agriculture shall fix, establish and promulgate, after investigation and public hearing, official grades and standards for grading and classifying dried...
• 632.415   Application of factors to be considered; change of grade.
  (1) The factors to be considered in establishing any grades or standards for dried prunes, as provided by ORS 632.410, shall be applied in accordance...
• 632.420   Sample kept of purchases according to grade; determination of dispute as to grade.
  (1) Any person who purchases in commercial quantity any dried prunes which are to be further processed before being sold or offered for sale for...
• 632.425   Fees for inspecting and grading.
  The State Department of Agriculture shall fix, assess and collect fees for all inspections or grading of dried prunes made pursuant to ORS 632.410 to...
• 632.430   Enforcement; rules; inspection or grading certificate as evidence.
  (1) The State Department of Agriculture shall administer and enforce the provisions of ORS 632.410 to 632.440. It may employ such inspectors and deputies and...
• 632.435   [Repealed by 1965 c.276 §2]
• 632.440   Injunction.
  Any circuit court has jurisdiction to restrain any violation or threatened violation of ORS 632.410 to 632.430, upon suit by the Attorney General. PACKING AND...
• 632.450   Definitions for ORS 632.450 to 632.485.
  As used in ORS 632.450 to 632.485: (1) “Horticultural products” means all horticultural products, including nursery stock as defined in ORS 571.005, except horticultural products...
• 632.455   Labeling container of horticultural products.
  No person shall sell, offer for sale or transportation, or transport within Oregon, horticultural products unless each container or package of such products is plainly...
• 632.460   Establishment of grades, branding and packing requirements; rules.
  (1) The State Department of Agriculture may establish by rule, as provided in ORS chapter 183, grades for horticultural products and branding and packing requirements...
• 632.465   Used packages or containers.
  It is unlawful to sell or offer for sale or to transport or offer for transportation, horticultural products in used packages or containers unless such...
• 632.470   False representations as to raising, production or packing.
  No person, by means of any false representation, either verbal, printed or written, shall represent or pretend that horticultural products were raised, produced or packed...
• 632.475   Possession of unlabeled, falsely labeled or deceptively packed products.
  (1) No person shall have in possession for sale or transportation any horticultural products not labeled as required in ORS 632.450 to 632.485, or falsely...
• 632.480   Shipment or sale of deceptive pack, load or display prohibited.
  No person shall prepare, deliver for shipment, ship, transport, offer for sale or sell a deceptive pack, or package, load, arrangement or display of horticultural...
• 632.485   Enforcement; entry and inspection; seizure.
  (1) The director and all authorized agents of the State Department of Agriculture shall enforce ORS 632.450 to 632.485 and to that end may enter...
• 632.490   Labeling fruit or vegetables as Oregon grown or packed.
  All persons operating under their own private brand in Oregon in the business of packing or canning fruit or vegetables, either fresh, canned, evaporated or...
• 632.505   [Repealed by 2007 c.71 §190]
• 632.510   [Repealed by 1955 c.239 §8]
• 632.515   [Repealed by 1955 c.239 §8]
• 632.516   Establishment of grades and standards; rules.
  The State Department of Agriculture shall, in accordance with the applicable provisions of ORS 632.905 to 632.980, establish standards and grades for walnuts and filberts...
• 632.520   [Repealed by 1955 c.239 §8]
• 632.521   Grades and standards established by repealed statute; continued in effect until superseded.
  Notwithstanding the powers and duties of the State Department of Agriculture under ORS 632.516, the statutory standards and grades in ORS 632.510, 632.515, 632.520, 632.525,...
• 632.525   [Repealed by 1955 c.239 §8]
• 632.530   [Repealed by 1955 c.239 §8]
• 632.535   [Repealed by 1955 c.239 §8]
• 632.540   [Repealed by 1955 c.239 §8]
• 632.545   [Repealed by 1955 c.239 §8]
• 632.550   [Repealed by 1955 c.239 §8]
• 632.555   [Repealed by 1955 c.239 §8]
• 632.560   [Repealed by 1955 c.239 §8]
• 632.565   [Repealed by 1955 c.239 §8]
• 632.570   [Repealed by 1955 c.239 §8]
• 632.575   [Repealed by 1955 c.239 §8]
• 632.580   [Repealed by 1955 c.239 §8]
• 632.585   Necessity of conformity to standards.
  All unshelled walnuts and unshelled filberts sold or offered for sale or shipment in this state shall conform to the standards established by the State...
• 632.590   Labeling.
  (1) All unshelled walnuts and unshelled filberts sold, displayed or offered for sale or shipment in this state must have the containers, bins, display table...
• 632.595   Containers.
  All containers of unshelled walnuts or unshelled filberts of the two highest grades established by the State Department of Agriculture, sold or offered for sale...
• 632.600   Inspection districts; inspection, reinspection and fees.
  (1) The State Department of Agriculture may designate certain areas as inspection districts and certain cities as inspection points, as necessary for the enforcement of...
• 632.605   [Subsection (2) enacted as 1955 c.239 §4; repealed by 1965 c.276 §2]
• 632.610   Duty to notify department of availability for inspection.
  (1) Every operator or person in charge of any motor vehicle transporting on the streets or highways any unshelled walnuts or unshelled filberts, of which...
• 632.615   Enforcement; inspection certificate as evidence; rules.
  (1) The State Department of Agriculture shall enforce the provisions of ORS 632.516 to 632.625, and may make rules and regulations necessary or convenient for...
• 632.620   Jurisdiction.
  Justice courts have concurrent jurisdiction with the circuit court in all proceedings to enforce the provisions of ORS 632.516 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 any of the provisions of ORS...
• 632.705   Definitions for ORS 632.705 to 632.815.
  As used in ORS 632.705 to 632.815: (1) “Adulterated” has the meaning given that term in ORS 616.235. (2) “At retail” means a sale or...
• 632.710   [Formerly 632.007; repealed by 1975 c.748 §19]
• 632.715   Egg handler’s license.
  (1) Unless the holder of a permit issued under ORS 632.730, no person shall sell or distribute within this state any eggs to consumers or...
• 632.720   Fee.
  There shall be paid to the State Department of Agriculture with each application for an egg handler’s license an annual license fee of $25. [1965...
• 632.725   [1965 c.582 §4; repealed by 1975 c.748 §19]
• 632.730   Commercial egg breaker’s permit; fee.
  No person shall engage in the commercial breaking of eggs for the purpose of recovering therefrom, for human food, the whites, yolks or whole egg...
• 632.735   [1965 c.582 §5; repealed by 1975 c.748 §19]
• 632.740   [1965 c.582 §6; repealed by 1975 c.748 §5 (632.741 enacted in lieu of 632.740)]
• 632.741   Additional fee; reports; records; exceptions.
  (1) In addition to the license fee prescribed in ORS 632.720, each egg handler shall pay to the State Department of Agriculture a fee prescribed...
• 632.745   When invoices required; exception; availability for inspection.
  (1) Each person who sells eggs in bulk shall furnish the purchaser with an invoice covering each such sale, showing the exact grade or quality...
• 632.750   [Formerly 632.085; repealed by 1975 c.748 §19]
• 632.755   [Formerly 632.060; repealed by 1975 c.748 §8 (632.756 enacted in lieu of 632.755)]
• 632.756   Maintenance of facilities and equipment; standards.
  The plant facilities and equipment utilized in processing eggs or egg products shall be constructed, maintained and utilized in accordance with the rules promulgated under...
• 632.760   [Formerly 632.097; repealed by 1975 c.748 §10 (632.761 enacted in lieu of 632.760)]
• 632.761   Authority of department.
  The State Department of Agriculture is authorized to: (1) Inspect at reasonable times plant premises, facilities, equipment, containers and vehicles and to inspect and sample...
• 632.765   [1965 c.582 §8; repealed by 1975 c.748 §19]
• 632.770   [1965 c.582 §9; repealed by 1975 c.748 §12 (632.771 enacted 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 information required by the federal Act or rules promulgated thereunder, or:...
• 632.775   [1965 c.582 §10; repealed by 1975 c.748 §19]
• 632.780   [1965 c.582 §11; repealed by 1975 c.748 §19]
• 632.785   [1965 c.582 §12; repealed by 1975 c.748 §14 (632.786 enacted in lieu of 632.785)]
• 632.786   Prohibited acts.
  No person shall: (1) Sell eggs for human consumption in previously used consumer containers bearing the brand, trademark or officially designated number of another egg...
• 632.790   [1965 c.582 §14; repealed by 1975 c.748 §19]
• 632.795   [1965 c.582 §15; repealed by 1975 c.748 §19]
• 632.800   [1965 c.582 §16; repealed by 1975 c.748 §19]
• 632.805   [1965 c.582 §17; repealed by 1975 c.748 §19]
• 632.807   [1967 c.250 §2; repealed by 1975 c.748 §19]
• 632.810   [1965 c.582 §18; 1967 c.250 §3; repealed by 1975 c.748 §16 (632.811 enacted in lieu of 632.810)]
• 632.811   Rules; considerations in promulgating rules.
  (1) In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may promulgate rules necessary to administer and enforce the provisions...
• 632.812   [1967 c.250 §1; repealed by 1975 c.748 §19]
• 632.815   Disposition of fees.
  All fees collected by the State Department of Agriculture under ORS 632.705 to 632.815 shall be paid to the State Treasurer by the department who...
• 632.900   “Horticultural and agricultural products” defined.
  As used in ORS 632.900 to 632.940 and 632.955 to 632.980, “horticultural and agricultural products”: (1) Includes articles of food, drinks, dairy products, forage products,...
• 632.905   Grades and standards for horticultural and agricultural products and containers; rules.
  In order to promote, protect, further and develop the agricultural industry of this state the State Department of Agriculture may adopt by rule official standards...
• 632.910   Factors to be considered in establishing grades, standards or classifications.
  (1) In establishing, under any law of this state, any grades, standards or classifications for any horticultural or agricultural products, the State Department of Agriculture,...
• 632.915   Consideration of commercial or other use; change of grades, standards or classifications.
  The factors that the State Department of Agriculture must consider in establishing grades, standards or classifications for a horticultural or agricultural product, or processes used...
• 632.918   Classifications and standards for certified horticultural and agricultural processes; rules.
  The State Department of Agriculture may adopt by rule classifications and standards for horticultural and agricultural processes certified under ORS 632.940. Classifications and standards for...
• 632.920   Compliance with Administrative Procedures Act.
  The State Department of Agriculture shall comply with the requirements of ORS chapter 183 in adopting standards under ORS 632.905 or any alterations or modifications...
• 632.925   [Formerly 616.430; repealed by 1979 c.91 §6]
• 632.930   [Formerly 616.435; repealed by 1979 c.91 §6]
• 632.935   Adoption of United States standards; cooperation with United States.
  The State Department of Agriculture may establish as the official standard for this state for any horticultural or agricultural product or container, any standard which...
• 632.940   Inspection and classification of horticultural and agricultural products by department; fees and charges.
  (1) Except as provided in ORS 632.945, the State Department of Agriculture may designate an employee or agent of the department to inspect or classify...
• 632.945   Procedure for department inspection and classification; collection of costs; fees.
  (1) Under such conditions as the State Department of Agriculture may prescribe by rule, the department, through any competent employee or agent, shall inspect or...
• 632.950   Termination of department inspection activities by grower vote; election procedure; costs.
  At any time before or after the State Department of Agriculture is conducting the inspection and classification of a particular fruit or vegetable at a...
• 632.955   Investigation of complaint of purchaser’s misrepresentation of product; inspection and classification of products received by purchaser.
  Upon complaint of any person to the State Department of Agriculture that the grade, classification, quality, condition or amount of any horticultural or agricultural product...
• 632.960   Appeal to department for classification; fee.
  Whenever any quantity of any horticultural or agricultural product has been inspected under ORS 632.940 and 632.955 to 632.980 and a question arises as to...
• 632.965   Certificate of grade, classification, quality or condition as prima facie evidence.
  A certificate, when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality or condition of any horticultural...
• 632.970   Misrepresentation of grades and standards for horticultural or agricultural products; improper use of insignia indicating grade.
  If any quantity of any horticultural or agricultural product has been inspected and a certificate issued under ORS 632.900 to 632.940 and 632.955 to 632.980...
• 632.975   Use of containers not conforming to standard.
  Whenever any standard for a container for any horticultural or agricultural product becomes effective under ORS 632.900 to 632.940 and 632.955 to 632.980, no person...
• 632.980   Improper grading and incorrect certificates prohibited.
  No person shall, under ORS 632.900 to 632.940 and 632.955 to 632.980, knowingly inspect, grade or classify improperly any horticultural or agricultural product or knowingly...
• 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 this state, any hay, grain or...
• 632.990   Penalties.
  (1) Violation of any provision of ORS 632.705 to 632.815 is punishable, upon conviction, by a fine of not less than $10 nor more than...

Last modified: August 7, 2008