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Oregon Bulletin

June 1, 2012

Department of Agriculture, Chapter 603

Rule Caption: Amends OAR 603-024-0211 to adopt 2009 revision of Grade A Pasteurized Milk Ordinance.

Adm. Order No.: DOA 9-2012

Filed with Sec. of State: 5-15-2012

Certified to be Effective: 5-15-12

Notice Publication Date: 3-1-2012

Rules Amended: 603-024-0211

Subject: The administrative rule currently refers to the 2003 version of the Pasteurized Milk Ordinance (PMO) and related documents. The amendment updates the rule to refer to the 2009 version of the PMO and related documents to maintain consistency with federal standards. While going through the amendment process, it was also noted that there was a typographical error in the statutory authority that has been amended.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-024-0211

Adoption of the Grade A Pasteurized Milk Ordinance (PMO) and Related Documents

On all dairy farms, plants, and transport tankers, the standards for building construction, equipment construction, sanitation, sampling, pasteurization, transportation and handling of milk and dairy products shall be those given in the 2009 version of the PMO. This adoption shall also include the following related documents:

(1) 2009 version of the Methods of Making Sanitation Ratings (MMSR);

(2) 2009 version of the Single Service Containers and Closures (SSCC); and

(3) The 2009 version of the Evaluation of Milk Laboratories (EML).

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

Stat. Auth.: ORS 561.020 & 621
Stats. Implemented: 621.058
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02; DOA 8-2006, f. & cert. ef. 3-10-06; DOA 9-2012, f. & cert. ef. 5-15-12


 

Rule Caption: Licensing exemptions for slaughter of 1,000 poultry or fewer per year wile meeting other conditions.

Adm. Order No.: DOA 10-2012

Filed with Sec. of State: 5-15-2012

Certified to be Effective: 5-15-12

Notice Publication Date: 3-1-2012

Rules Adopted: 603-028-0710, 603-028-0715, 603-028-0720, 603-028-0725, 603-028-0730, 603-028-0735, 603-028-0740

Subject: The proposed rules create an exemption from food establishment license requirements for a person that slaughters no more than 1,000 poultry per year. The person must raise the poultry from two weeks of age or younger, and the poultry must be free from disease and used as human food. The person must slaughter the poultry at a slaughter facility on his or her premises, and the poultry is subject to interstate commerce restrictions.

 The rules implement HB 2872 by providing an exemption with sanitation standards for poultry businesses that sell poultry from the farm and at farmers’ markets, and also provide an exemption which clarifies the required sanitation standards for poultry businesses that limit themselves to on-farm sales. All exempted poultry businesses must maintain sanitation and sales records that will be made available to the Department of Agriculture upon request.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-028-0710

Definitions

In addition to the definitions in ORS Chapter 616 and OAR 603-025-0010, unless otherwise required by the context, the following terms will be construed, respectively, to mean:

(1) “Approved” means acceptable to the Department based on the determination of conformity with principles, practices, and generally recognized standards that protect public health.

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

(3) “Domesticated” means born and raised in captivity so as to live and breed in a tame condition.

(4) “Off-Farm Direct Sale” means sold and delivered to the end-user of the poultry product by the poultry producer.

(5) “On-Farm Direct Sale” means sold and delivered to the end-user of the poultry product at the poultry business.

(6) “Open date” means a date clearly visible to retail consumers showing the pull date or packing date.

(7) “Poultry,” for the purposes of this section, means:

(a) Domesticated species of birds subject to mandatory or voluntary inspection by the Department or the United States Department of Agriculture that are commonly used as a food source; including: chickens, turkeys, ducks, geese, or guinea fowl, whether live or dead.

(b) Poultry does not include ratites, endangered or protected species, wild game birds, non-game wild birds, or pet birds, whether live or dead.

(8) “Poultry business” means the land and improvements within the contiguous property boundary where the slaughter of the poultry being sold has occurred.

(9) “Poultry product” means a whole poultry carcass or part thereof, which is processed for use as human food to the extent that feathers and offal are removed and may include the re-addition of the poultry’s gizzards or giblets.

(10) “Slaughtering Facility” means an area where the poultry slaughter, processing or packaging takes place.

Stat. Auth.: ORS 561.020, 619.046 & (HB 2872 enrolled)
Stats. Implemented: ORS 603.085 & 619.046
Hist.: DOA 10-2012, f. & cert. ef. 5-15-12

603-028-0715

Intent

(1) It is the intent of the Department’s Food Safety Division to promote and enable the Oregon State Legislature’s directive to encourage Oregon-grown poultry production for consumption in the state of Oregon by Oregonians.

(2) Therefore, the Department promulgates two poultry slaughter exemptions. Poultry businesses may qualify for either the Off-Farm Direct Sale Exemption or the On-Farm Direct Sale Exemption. A person claiming both exemptions within a calendar year shall not slaughter more than 1,000 poultry in that calendar year. A poultry business that qualifies for either exemption shall comply with OAR 603-028-0740.

(3) A poultry business that sells poultry from the poultry business, at farmers’ markets, or through other direct sales involving off-farm delivery to customers should refer to the Off-Farm Direct Sale and sanitation requirements found in OAR 603-028-0720 and 603-028-0725.

(4) A poultry business that sells poultry only from the poultry business should refer to the On-Farm Direct Sale Exemption and sanitation requirements found in OAR 603-028-0730 and 603-028-0735.

Stat. Auth.: ORS 561.020, 561.190, 619.046 & (HB 2872 enrolled)
Stats. Implemented: ORS 561.020, 603.085, 619.046
Hist.: DOA 10-2012, f. & cert. ef. 5-15-12

603-028-0720

Off-Farm Direct Sale Exemption

(1) A person is not required to obtain a license under ORS 603.025 or 616.706 if:

(a) During a calendar year, the person slaughters a total of 1,000 or fewer poultry of all species combined; and

(b) The person performing the slaughter raised the poultry since the poultry was two weeks of age or younger; and

(c) The poultry are free from disease; and

(d) The poultry are for use as human food; and

(e) The person maintains sanitary records under OAR 603-028-0740; and

(f) The person slaughters the poultry at the person’s slaughter facility meeting the sanitary requirements of OAR 603-028-0725 and does not allow other persons to use the slaughter facility.

(2) Poultry may not be adulterated or misbranded in accordance with ORS 616.205 to 616.385.

(3) Persons claiming the exemption under this section may slaughter and process only their own poultry and sell the shell eggs of such poultry.

(a) Poultry must be sold as a whole carcass; and

(b) Shell eggs will be labeled with the open date in accordance with ORS 616.800 to 616.835 (Open Date Labeling).

(4) Poultry and poultry products may not enter into interstate commerce and will be labeled with legible typed lettering a minimum of 0.25 inches in height “THIS PRODUCT MAY NOT LEAVE THE STATE OF OREGON”.

(5) The licensing exemptions contained in this section apply only to activities directly related to poultry and poultry products. Activities relating to food other than poultry or poultry products remain subject to licensing by the Department.

Stat. Auth.: ORS 561.190 & 616
Stats. Implemented: ORS 616.835 & (HB 2872 enrolled)
Hist.: DOA 10-2012, f. & cert. ef. 5-15-12

603-028-0725

Sanitation Standards

A person claiming the exemption of OAR 603-028-0720 must slaughter the poultry in slaughtering facilities and conduct activities in accordance with ORS 619.026 and OAR 603-028-0100 on the premises of the person’s poultry business.

Stat. Auth.: ORS 561, 616 & 619
Stats. Implemented: ORS 603.085, 619.046 & (HB 2872 enrolled)
Hist.: DOA 10-2012, f. & cert. ef. 5-15-12

603-028-0730

On-Farm Direct Sale Exemption

(1) A person is not required to obtain a license under ORS 603.025 or 616.706 if:

(a) During a calendar year, the person slaughters a total of 1,000 or fewer poultry of all species combined; and

(b) The person performing the slaughter raised the poultry since the poultry was two weeks of age or younger; and

(c) The poultry are free from disease; and

(d) The poultry are for use as human food; and

(e) The person maintains sanitary records in accordance with OAR 603-028-0740; and

(f) The person slaughters the poultry at the person’s slaughter facility meeting the sanitary requirements of OAR 603-028-0735 and does not allow other persons to use the slaughter facility for any other purpose; and

(g) The poultry products are sold exclusively via on-farm sale.

(2) Poultry may not be adulterated or misbranded in accordance with ORS 616.205 to 616.385.

(3) A person claiming this exemption may not engage in buying or selling poultry products other than those produced from poultry raised on his or her own farm.

(a) Poultry must be sold as a whole carcass; and

(b) Shell eggs will be labeled with the open date in accordance with ORS 616.800 to 616.835 (Open Date Labeling).

(4) Poultry and poultry products may not enter into interstate commerce and will be labeled with legible typed lettering a minimum of 0.25 inches in height “THIS PRODUCT MAY NOT LEAVE THE STATE OF OREGON”.

(5) The licensing exemptions contained in this section apply only to activities directly related to poultry and poultry products. Activities relating to other than poultry or poultry products remain subject to licensing by the Department.

Stat. Auth.: ORS 561.020, 561.190, 616.835 & 619.046
Stats. Implemented: ORS 561.020, 603.085, 616.835 & 619.046
Hist.: DOA 10-2012, f. & cert. ef. 5-15-12

603-028-0735

Sanitation Standards

(1) A person claiming the exemption of OAR 603-028-0730 will be exempt from the requirements of ORS 619.026 and OAR 603-028-0100 if the poultry slaughter and processing are conducted on the person’s poultry business premises, under sanitary standards, practices, and procedures that produce poultry products that are sound, clean, and fit for human food (not adulterated).

(2) The slaughter facility must be reasonably protected from potential contaminants such as dust, mud, pests and all other adulterants. The protection can be as minimal as a combination of tarps, canopies and floor mats.

Stat. Auth.: ORS 561.020, 561.190 & 619.046
Stats. Implemented: ORS 561.020, 603.085 & 619.046
Hist.: DOA 10-2012, f. & cert. ef. 5-15-12

603-028-0740

Records and Enforcement

(1) The person claiming license exemption under OAR 603-028-0720 or 603-028-0730 will maintain clear and understandable records at the poultry business that:

(a) Demonstrate the person raised the poultry since the poultry was two weeks of age or younger;

(b) Calculate the year-to-date cumulative total of each species and total quantity of poultry slaughtered;

(c) Contain the date of slaughter;

(d) Contain sales information including the:

(A) Purchaser’s name and address;

(B) Species and quantity of poultry sold;

(C) Date of the poultry’s slaughter and the date of sale; and

(D) Address of the poultry business.

(e) Demonstrate adequate sanitation measures as required to include:

(A) Daily cleaning logs regarding any and all slaughter dates;

(B) Ware washing cleaning logs;

(C) Lists of chemicals used in the sanitation of the facility;

(D) Other records as required by the Department.

(2) Records shall be maintained for two calendar years following the last dated activity recorded and shall be made available to the Department upon request.

(3) At the Department’s discretion, the Department may conduct an unscheduled inspection of an exempt poultry slaughtering facility and its records. If deemed necessary for food safety, the Department may take regulatory action, which may include mandatory licensing.

(4) A person claiming exemption from ORS 603.025 or 616.706 will not be an approved food source.

Stat Auth.: ORS 561.190, 616.835 & (HB 2872 Enrolled)

Stat. Implemented: ORS 603.085 & (HB 2872 Enrolled)
Hist.: DOA 10-2012, f. & cert. ef. 5-15-12


 

Rule Caption: Consolidates Immediately Supervised Pesticide trainee licenses, adds recordkeeping requirements, clarifies supervision.

Adm. Order No.: DOA 11-2012

Filed with Sec. of State: 5-15-2012

Certified to be Effective: 1-1-13

Notice Publication Date: 4-1-2012

Rules Amended: 603-057-0106

Subject: The rules affect the Immediately Supervised Pesticide Trainee License by removing a “Public” or “Commercial” designation which will allow the licensee more flexibility in the use of this license. This consolidation of two license types into one license type streamlines the process and allows the user more utility from the license. The rules restrict Pesticide Apprentices from applying pesticides by helicopter or fixed wing aircraft and add specific recordkeeping requirements for the Immediately Supervised Trainee and the supervising applicator.

 The amendments are intended to allow flexibility for employers to hire, train, supervise and utilize Immediately Supervised Pesticide Trainees. Persons with limited written English language skills or test-taking abilities will be allowed to be employed under the supervision of a fully licensed applicator. The rules clarify several trainee responsibilities, ensure documentation of the supervisor-trainee relationship and

 The Agency received public comments in support of the rule change as it will streamline the licensing process. This process also allows conditions to use this license that reduces the negative economic impact of the rule on businesses.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-057-0106

Immediately Supervised Pesticide Trainee

(1) There is herewith established a type of pesticide trainee license and a type of public trainee license which shall bear the designation “Immediately Supervised Trainee.”

(2) An immediately supervised pesticide trainee license may only be issued upon receipt by the department of:

(a) An appropriately completed license application form; and

(b) Payment of the appropriate fee.

(3) The fee for an immediately supervised pesticide trainee license shall be the same as the fee for a pesticide trainee license.

(4) An immediately supervised pesticide trainee license shall expire on December 31 of the year of issuance, or of the following year if issued a license for two consecutive years.

(5) An immediately supervised trainee license authorizes the holder to conduct pesticide application activities under the immediate supervision of an appropriately licensed supervisor as detailed in OAR 603-057-0001. The immediately supervised pesticide trainee may apply pesticides only in the categories listed under the supervisor’s license. If the supervisor is a licensed public applicator, the immediately supervised pesticide trainee or immediately supervised public trainee may only apply pesticides as described in ORS 634.116(12).

(6) An immediately supervised pesticide trainee license may be renewed.

(7) For each pesticide application made by an immediately supervised pesticide trainee, a pesticide application record, as required by ORS 634.146 and OAR 603-057-0130, must be made that also contains the names and pesticide license numbers of the trainee(s) and their supervisor(s). The employer of the trainee shall retain the record for a period of three years and release them to the department for inspection as required or authorized by ORS chapters 561 or 634 or rules adopted thereunder.

(8) An immediately supervised pesticide trainee license does not authorize the holder to conduct pesticide applications by helicopter or fixed wing aircraft.

(9) For purposes of this section, “an appropriately licensed supervisor” is:

(a) A licensed pesticide applicator, or licensed public applicator;

(b) Licensed in the category, or categories, in which the immediately supervised pesticide trainee is currently engaged.

(10) Any immediately supervised pesticide trainee conducting pesticide application activities without an appropriately licensed supervisor, without an appropriately licensed supervisor on the site where the application is being made, or who is unable to identify their supervisor, will be considered unlicensed and subject to enforcement actions in accordance to ORS 634.900.

Stat. Auth.: ORS 561.190 & 634
Stats. Implemented: ORS 634.306
Hist.: AD 12-1992, f. 10-13-92, cert. ef. 1-1-93; DOA 11-2012, f. 5-15-12, cert. ef. 1-1-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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