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Oregon Bulletin

July 1, 2012

Department of Agriculture, Chapter 603

Rule Caption: Inspection fee increase and correction of ORS reference in rule.

Adm. Order No.: DOA 12-2012

Filed with Sec. of State: 5-17-2012

Certified to be Effective: 1-1-13

Notice Publication Date: 4-1-2012

Rules Amended: 603-059-0020

Subject: Increase inspection fees for each ton of fertilizer, agricultural mineral, agricultural amendment from thirty five cents ($0.35) to forty five cents ($0.45).

 Increase inspection fees for each ton of gypsum from three cents ($0.03) to five cents ($0.05).

 Correct reference erroneously listed as ORS 633.310 to the correct reference of ORS 633.311.

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

603-059-0020

Inspection Fees

(1) The inspection fees authorized to be established by ORS 633 and payable under ORS 633 are as follows:

(a) Forty five cents ($0.45) for each ton of fertilizer;

(b) Forty five cents ($0.45) for each ton of agricultural mineral;

(c) Forty five cents ($0.45) for each ton of agricultural amendment;

(d) Five cents ($0.5) for each ton of fertilizer, agricultural mineral, or agricultural amendment containing 100% “compost” as defined in ORS 633.311.

(e) Five cents ($0.05) for each ton of gypsum.

(2) A portion of the inspection fees paid to the department for fertilizer, agricultural minerals and agricultural amendments shall be continuously appropriated for the purpose of funding grants for research and development related to the interaction of fertilizer, agricultural mineral or agricultural amendment products and ground water or surface water as described in ORS 633. The portion of fees so appropriated shall be determined by the Department based on the recommendation of the Fertilizer Research Committee (ORS 633.479).

(3) The inspection fees specified in section (1) of this rule shall be in effect commencing January 1, 2013.

Stat. Auth.: ORS 561.190 & 633 as amended by Ch. 914 OL 2001
Stats. Implemented: ORS 561.190 & 633
Hist.: AD 1071(17-75), f. & ef. 11-20-75; AD 10-1978, f. & ef. 7-10-78; AD 15-1983, f. 11-23-83, ef. 12-31-83; AD 14-1989, f. 10-12-89, cert. ef. 10-9-89; AD 1-1996, f. & cert. ef. 2-12-96; DOA 24-2001, f. & cert. ef. 10-15-01; DOA 12-2004, f. 4-15-04 cert. ef. 7-1-04; DOA 12-2012, f. 5-17-12, cert. ef. 1-1-13


 

Rule Caption: Updates State Shellfish Rules and Distribution Regulations for Non-Interstate Approved Harvest Areas.

Adm. Order No.: DOA 13-2012

Filed with Sec. of State: 5-29-2012

Certified to be Effective: 1-1-13

Notice Publication Date: 4-1-2012

Rules Adopted: 603-100-0050

Rules Amended: 603-100-0000, 603-100-0010

Subject: Currently, OAR 603-100-0010 refers to the 2005 Revision of the National Shellfish Sanitation Program’s Guide for the Control of Molluscan Shellfish. It is being amended to refer to the 2009 Revision in order to keep Oregon’s Shellfish Program current. OAR 603-100-0000 supplies the definitions used in the State Shellfish Rules. It is being amended so the definitions will be consistent throughout the State Shellfish Rules, including the proposed OAR 603-100-0050. OAR 603-100-0050 will clarify regulations regarding non-interstate approved harvest areas. Dealers listed in the Interstate Certified Shellfish Shippers List (ICSSL) are not allowed to possess or sell shellstock harvested from non-interstate approved harvest areas. Also, the rule will require tags for shellstock harvested from non-interstate approved harvest areas to include the phrase, “OREGON DISTRIBUTION ONLY.”

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

603-100-0000

Definitions

As used in OAR 603-100-0000 to and including 603-100-0050 and in addition to the definitions set forth in ORS 622.010 and 622.080, the following shall apply:

(1) “Director” means the Director of the Department of Agriculture or authorized representative.

(2) “Certification Number” means the number assigned by the Department to each certified shellfish dealer. It consists of a one-to-five digit number preceded by the two-letter state abbreviation and followed by the two-letter symbol designating the type of operation certified.

(3) “Dealer” means every person or peddler engaged in the business of growing, harvesting, processing, or distributing shellfish. Dealers are certified and assigned a certification number by type of operation classified as follows:

(a) “Depuration processor (DP)” means a shellfish dealer who purchases or harvests shell stock from conditionally approved or restricted growing areas and submits such shell stock to an approved controlled purification process. Such dealers shall be certified as a shucker-packer and assigned a certification number designating depuration processor (DP) as the type of operation;

(b) “Distributor” means a jobber or wholesaler who furnishes or sells shellfish to retail outlets. Such dealers shall be certified as a distributor and assigned a certification number designating shellstock shipper (SS) as the type of operation;

(c) “Grower (GR)” means a dealer engaged in the business of growing shellfish intended for human consumption. Such dealers shall be certified as a grower and assigned a certification number designating (GR) as the type of operation;

(d) “Harvester (HV)” means a dealer who harvests shellfish intended for human consumption or employs persons to harvest shellfish intended for human consumption from growing areas. Such dealers shall be certified as harvesters and assigned a certification number designating harvester (HV) as type of operation;

(e) “Repackers (RP)” means dealers other than the original certified shucker-packer who repack shucked shellfish. Such dealers shall be certified as a shucker-packer, and assigned a certification number designating repacker (RP) as type of operation;

(f) “Reshippers (RS)” means dealers who receive shellfish, either shellstock or shucked stock in original containers from certified shellfish distributors and transship such shellfish to other dealers or to the final consumer. Such dealers will be certified as distributors, and assigned a certification number designating shellstock reshipper (RS) as the type of operation;

(g) “Shellstock shippers (SS)” means dealers who buy, sell, or ship shellstock. Such dealers will be certified as a distributor and assigned a certification number designating shellstock shipper (SS) as the type of operation. A shellstock shipper may ship shucked shellfish, but, is not authorized to shuck or repack shucked shellfish;

(h) “Shucker-packer (SP)” means dealers who shuck, pack, and repack shellfish. Such dealers will be certified as a shucker-packer and assigned a certification number designating shucker-packer (SP) as the type of operation.

(4) “Seed” means shellfish that are less than market size for human consumption and have a maximum shell length of:

(a) Thirteen millimeters (1/2 inch) for mussels;

(b) Twenty-five millimeters (1 inch) for scallops;

(c) Nineteen millimeters (3/4 inch) for Olympia oysters;

(d) Nineteen millimeters (3/4 inch) for Kumomoto oysters;

(e) Fifty-one millimeters (2 inches) for other oyster species;

(f) Thirty-eight millimeters (1 and 1/2 inch) for geoducks; and

(g) Thirteen millimeters (1/2 inch) for other clam species.

(5) “Shellfish” means:

(a) All edible species of oysters, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.

(b) All edible species of clams, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.

(c) All edible species of mussels, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.

(d) All edible species of scallops, either shucked or in the shell, fresh or frozen, whole or in part, except when the final product is the shucked adductor muscle only, and intended for human consumption.

(6) “State Waters” means waters that belong wholly to the state including the Territorial Sea out to the three mile limit.

Stat. Auth.: ORS 561.190 & 622.180
Stats. Implemented: ORS 622.180
Hist.: HD 24-1987, f. & ef. 11-30-87; AD 22-1993, f. & cert. ef. 12-15-93; Renumbered from 333-190-0000; DOA 1-2007, f. & cert. ef. 1-2-07; DOA 13-2012, f. 5-29-12, cert. ef. 1-1-13

603-100-0010

Sanitation of Shellfish Growing Areas and Harvesting, Processing and Distribution of Shellfish

As provided in ORS 622.180, the National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish, 2009 Revision, is hereby adopted as the rules governing this subject matter in Oregon. The material covered is that governing growing area survey and classification, controlled relaying, patrol of harvest areas, control of harvesting, aquaculture, laboratory and administrative procedures. In addition the rules cover the harvesting, handling and shipping of shellfish; wet storage; shucking and packing shellfish; shellfish shipping, heat shock, depuration and application of Hazardous Analysis Critical Control Point (HACCP). These rules are recommended by the Interstate Shellfish Sanitation Conference and the Food and Drug Administration of Health and Human Services.

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

Stat. Auth.: ORS 561.190 & 622.180
Stats. Implemented: ORS 622.180
Hist.: HD 24-1987, f. & ef. 11-30-87; AD 22-1993, f. & cert. ef. 12-15-93; Renumbered from 333-191-0000; DOA 11-1999, f. & cert. ef. 6-4-99; DOA 1-2007, f. & cert. ef. 1-2-07; DOA 13-2012, f. 5-29-12, cert. ef. 1-1-13

603-100-0050

Shellstock Harvesting and Distribution from Non-Interstate Approved Harvest Areas

(1) Each tag of any shellstock harvested from a non-interstate approved harvest area shall include the following statement in bold capitalized type, “OREGON DISTRIBUTION ONLY.”

(a) This requirement is in addition to the Shellstock Identification requirements found in the 2009 Version of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.

(2) Any person listed in the Interstate Certified Shellfish Shipper List (ICSSL) shall not sell or possess shellstock harvested from a non-interstate approved harvest area.

Stat. Auth.: ORS 561.190 & 622.180

Stat. Implemented: ORS 622.180
Hist.: DOA 13-2012, f. 5-29-12, cert. ef. 1-1-13


Rule Caption: Exempts Agricultural procedures selling specified products from state licensing as produce dealer or food establishment.

Adm. Order No.: DOA 14-2012

Filed with Sec. of State: 6-1-2012

Certified to be Effective: 6-1-12

Notice Publication Date: 1-1-2012

Rules Adopted: 603-025-0215, 603-025-0225, 603-025-0235, 603-025-0245, 603-025-0255, 603-025-0265, 603-025-0275

Subject: The Farm Direct Marketing Rules provide an exemption from licensure and inspection for farm direct marketers under specific conditions. Farm direct marketers are allowed to sell certain products that they have grown, raised, harvested and produced directly to the end user of the product. The rules also allow farm direct marketers to consign some products to other farm direct marketers from the same or adjoining counties. The Oregon Department of Agriculture may require that farm direct markters or the entity in control of the location become licensed for a failure to maintain clean, healthful and sanitary conditions. Farm direct marketers will follow labeling and records requirements prescribed by the rules.

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

603-025-0215

Purpose

This administrative rule recognizes farm direct marketing, including consignment between farm direct marketers, as a modern and accepted method of producing and selling food products, and maintains the integrity of food safety principles as required by state and federal laws. These legislative mandates are accomplished by exempting from licensure and inspection only those that raise their own products, that limit their food processing activities to only those identified by the Legislature as permissible without a license, and that sell to an end user a limited amount of products produced without a license and regulatory oversight.

Stat. Auth.: ORS 561.190, 616 & (Enrolled HB 2336)

Stat. Implemented: ORS 616.230 & (Enrolled HB 2336)
Hist.: DOA 14-2012, f. & cert. ef. 6-1-12

603-025-0225

Definitions

For purposes of this chapter:

(1) “Acidic foods” means a bottled, packaged or canned food product that meets any of the following requirements:

(a) Having a naturally occurring equilibrium pH of 4.6 or below; or

(b) Having been lacto-fermented to decrease the equilibrium pH of the food to 4.6 or below; or

(c) Having a water activity (aw) greater than 0.85 and having been acidified to decrease the equilibrium pH of the food to 4.6 or below.

(2) “Address” means physical street address, city, county, state, and zip code.

(3) “Agricultural producer” means a person, including family members and employees, who grows, raises, and harvests agricultural products to the point at which the products are ready for sale.

(4) “Approved” means conforming to scientific principles, applicable federal laws, and generally recognized industry standards that protect public health.

(5) “Approved source” means a source that is licensed and inspected by a recognized regulatory authority, and whose license is in good standing.

(6) “Commingle” means to mix, pool, or combine agricultural products of more than one agricultural producer prior to the sale of the products.

(7) “Consign” means to send a farm direct product to market to be sold by a farm direct marketer who did not produce the product. Ownership of consigned products remains with the agricultural producer who produced the product until the product is sold to an end user.

(a) Consignment agreements are limited to farm direct marketers who are from the same county or from adjoining counties.

(b) A farm direct marketer is prohibited from representing that products offered for sale on consignment are his/her own.

(c) Farm direct products that may be consigned to a farm direct marketer are limited to:

(A) Fruits, vegetables, edible flowers and herbs that are fresh, or cured or dried as a part of routine post-harvest handling;

(B) Unshelled nuts that are raw, cured or dried in the shell; and

(C) Honey that has not been combined with any other ingredient.

(d) Shell eggs may be consigned only to a farm direct marketer who is a licensed egg handler.

(8) “Cure” means to ripen naturally or by controlled environmental storage whereby the taste, smell, texture, or appearance of the product is altered without causing the product to become adulterated or processed to an extent that the product changes significantly from its original form. Examples of agricultural products that may be cured include, but are not limited to: garlic, potatoes, and sweet potatoes.

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

(10) “Farm direct marketer” means an agricultural producer that sells farm direct products or producer processed products directly to the retail consumer.

(11) “Farm direct product” means an agricultural product grown, raised and harvested by an agricultural producer to the point at which the product is ready for direct, retail sale.

(12) “Fresh” means not altered by processing. “Fresh” excludes potentially hazardous foods, including but not limited to, raw seed sprouts of all kinds, raw melons that have been cut in any way, and raw tomatoes that have been cut in any way.

(13) “Lacto-fermented” means food processed by lactobacilli whereby the lactic acid content of the food decreases the equilibrium pH to 4.6 or below. Examples of lacto-fermented products include sauerkraut and kimchi.

(14) “Major food allergens” means the eight most common food allergens defined in the Food Allergen Labeling Protection Act of 2004 (FALCPA). The major food allergens that may be used under the farm direct marketing rules are peanuts, treenuts, soy and wheat.

(15) “Principal ingredients” means the farm direct products that comprise a producer-processed product except for: herbs, spices, salt, vinegar, pectin, lemon or lime juice, honey, and sugar. For example, jalapeño peppers produced by a farm direct marketer would be a principal ingredient in pepper jelly, and tomatoes, onions, peppers, and garlic would be principal ingredients in salsa.

(16) “Producer-processed products” means farm direct products for which an agricultural producer has performed every step necessary to prepare the farm direct products for sale, including but not limited to: processing, bottling, canning and packaging. Every step necessary to prepare the farm direct products for sale will be conducted in a facility located where the farm direct products were grown.

(17) “Retail consumer” means the end user of a product. “Retail consumer” excludes: restaurants, grocery stores, schools, daycare centers, caterers, and other institutions, such as, prisons, hospitals, and nursing homes.

(18) “Water activity” means the measure of free moisture in a product and is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature.

Stat. Auth.: ORS 561.190, 616 & (Enrolled HB 2336)

Stat. Implemented: ORS 616.230 & (Enrolled HB 2336)
Hist.: DOA 14-2012, f. & cert. ef. 6-1-12

603-025-0235

Farm Direct Marketer Exemption

(1) Agricultural products sold by farm direct marketers that are exempt from the licensing requirements in Section (3) are limited to:

(a) Fruits, vegetables, edible flowers and herbs that are:

(A) Fresh; or

(B) Cured or dried by the agricultural producer as part of routine post-harvest handling.

(b) Dried or cured fruits, vegetables, edible flowers and herbs for which drying or curing is not part of routine post-harvest handling, if:

(A) All principal ingredients are grown by the agricultural producer; and

(B) The product is labeled with a list of ingredients and the name and address of the agricultural producer that produced the ingredients.

(c) Shelled nuts and unshelled nuts cured or dried by an agricultural producer as part of routine post-harvest handling;

(d) Shell eggs;

(e) Honey, only when not combined with other ingredients;

(f) Whole, hulled, crushed or ground grain, legumes and seeds, if of a type customarily cooked before eating;

(g) Parched or roasted grains, if of a type customarily cooked before eating;

(h) Popcorn, nuts, peppers and corn on the cob, if those items are:

(A) Roasted at the place of purchase,

(B) By a farm direct marketer,

(C) After purchase, and

(D) Not sold for immediate consumption.

(2) Producer-processed products sold by farm direct marketers that are exempt from the licensing requirements in Section (3) are limited to:

(a) Fruit-based syrups, fruit in syrup, preserves, jams, jellies, processed fruits and processed vegetables that meet all of the following conditions:

(A) They are producer-processed products;

(B) They are acidic foods;

(i) Products having a naturally occurring equilibrium pH of 4.6 or below will be processed in a clean, healthful and sanitary manner;

(ii) Products having been lacto-fermented to decrease the equilibrium pH of the food to 4.6 or below will be processed in a clean, healthful and sanitary manner;

(iii) Products having a water activity (aw) greater than 0.85 and having been acidified to decrease the equilibrium pH of the food to 4.6 or below will be processed in a clean, healthful and sanitary manner using:

(I) A published process and product formulation that has been approved by a recognized process authority. Examples of published processes and product formulations that have been approved by a recognized process authority can be found in:

(I-a) United States Department of Agriculture Complete Guide to Home Canning, 2009 Revision;

(I-b) Pacific Northwest Extension publications. The Pacific Northwest Extension publications are produced cooperatively by Oregon State University, Washington State University, and the University of Idaho; or

(I-c) So Easy to Preserve, 5th Edition, which is offered by the University of Georgia Cooperative Extension.

(II) Any process and product formulation that has been submitted to, and approved by a recognized process authority. A recognized process authority may be contacted through the Oregon State University, Department of Food Science and Technology Extension Service.

(C) They are labeled with:

(i) A product identity;

(ii) Net weight;

(iii) An ingredient statement that also includes properly declared major food allergens; and

(iv) The name and address of the agricultural producer that produced the principal ingredients and processed the product.

(D) During the preceding calendar year, had annual sales of producer-processed products that in total did not exceed $20,000.

(i) Bottling, packaging and canning supplies will be made from food grade materials.

(ii) Ingredients other than the principal ingredients are limited to herbs, spices, salt, vinegar, pectin, lemon or lime juice, honey and sugar, and will be:

(I) From an approved source; or

(II) Farmed or produced by the agricultural producer.

(b) Producer-processed products that are exempt from licensure do not include any raw juices.

(3) The provisions of ORS 585.010 to 585.220 (Agricultural Marketing and Warehousing) and ORS 616.695 to 616.755 (Sanitary Regulations for Food and Food Establishments) do not apply to the following:

(a) A farm direct marketer;

(b) A consigning agricultural producer; and

(c) The location(s) used by a farm direct marketer or a consigning agricultural producer to prepare, store, sell, expose for sale, or offer for sale the farm direct marketer’s own or consigned agricultural products identified in Sections (1) and (2).

(4) The farm direct marketer exemptions provided in Section (3) may be revoked by the Department when it determines that:

(a) The location used by a farm direct marketer is not maintained in a clean, healthful and sanitary condition, or

(b) A farm direct marketer failed to ensure the condition and safety of the food it processed for direct sale.

Stat. Auth.: ORS 561.190, 616 & (Enrolled HB 2336)

Stat. Implemented: ORS 616.230 & (Enrolled HB 2336)
Hist.: DOA 14-2012, f. & cert. ef. 6-1-12

603-025-0245

Consignment Sales

(1) Consigning agricultural producers exempt under OAR 603-025-0235(3)(b) are limited to sales of the following types of agricultural products:

(a) Fruits, vegetables, edible flowers and herbs that are:

(A) Fresh; or

(B) Cured or dried by an agricultural producer as part of routine post-harvest handling.

(b) Unshelled nuts cured or dried in the shell by an agricultural producer as part of routine post-harvest handling;

(c) Shell eggs, if the agricultural producer selling the consigned eggs is an egg handler licensed under ORS 632.715 (Egg Handler’s License);

(d) Honey, only when not combined with other ingredients.

(2) A consigning agricultural producer will provide a farm direct marketer with documentation to be clearly and conspicuously posted during the sale of the products on consignment. The documentation will include:

(a) The name of the consigning agricultural producer;

(b) The product consigned by the consigning agricultural producer;

(c) The address of the consigning agricultural producer.

(3) A farm direct marketer will maintain separate sales logs for products sold on consignment.

(a) Sales logs will include, but are not limited to, the following information:

(A) The name of the consigning agricultural producer;

(B) The contact information of the consigning agricultural producer, including the address and phone number;

(C) Item(s) sold on consignment; and

(D) Quantity of item(s) sold on consignment.

Stat. Auth.: ORS 561.190 & (Enrolled HB 2336)

Stat. Implemented: ORS 616.700, 616.835 & (Enrolled HB 2336)
Hist.: DOA 14-2012, f. & cert. ef. 6-1-12

603-025-0255

Prohibitions; Department Enforcement

(1) A farm direct marketer will not:

(a) Sell, offer for sale, or expose for sale foods that are adulterated or misbranded under ORS 616.205 to 616.385 (Sale of Adulterated, Misbranded or Imitation Foods);

(b) Receive, accept, possess, sell, offer for sale, or expose for sale food from a consigning agricultural producer that is adulterated or misbranded under ORS 616.205 to 616.385 (Sale of Adulterated, Misbranded or Imitation Foods);

(c) Commingle products;

(d) Knowingly sell or offer for sale foods covered by the farm direct sales exemption to a person that is not a retail consumer;

(A) An agricultural producer extracting only their own honey from 20 or fewer hives and licensed honey producers are exempt from this requirement.

(e) Sell foods other than those covered by the farm direct sales exemption found at OAR 603-025-0235 without an appropriate license.

(2) The Department may require a farm direct marketer or the entity in control of the location used by farm direct marketers to obtain and maintain a license under ORS 585.010 to 585.220 (Agricultural Marketing and Warehousing), 616.695 to 616.755 (Sanitary Regulations for Food and Food Establishments) for failure to maintain the location in a clean, healthful and sanitary condition in accordance with rules adopted under ORS 616.700 (Department to Enforce Sanitation Requirements for Food and Food Establishments).

Stat. Auth.: ORS 561.190, 616.700 (Enrolled HB 2336)

Stat. Implemented: ORS 616.835 & (Enrolled HB 2336)
Hist.: DOA 14-2012, f. & cert. ef. 6-1-12

603-025-0265

Labeling Requirements

(1) The principal display panel of a producer-processed product as defined by OAR 603-025-0225(15) will contain in a prominent location the following statements in legible, all capital, and bold-face type no less than one-eighth inch:

(a) “THIS PRODUCT IS HOMEMADE AND IS NOT PREPARED IN AN INSPECTED FOOD ESTABLISHMENT” and

(b) “NOT FOR RESALE.”

(2) The principal display panel of shell eggs, grain, legumes, seeds and honey described under OAR 603-025-0235(1)(d) to (g) and 603-025-0245(1)(c) and (d) will contain in a prominent location the following statements in legible, all capital, and bold-face type no less than one-eighth inch:

(a) “THIS PRODUCT IS NOT PREPARED IN AN INSPECTED FOOD ESTABLISHMENT” and

(b) “NOT FOR RESALE.”

(c) An agricultural producer extracting only their own honey from 20 or fewer hives and licensed honey producers are exempt from the labeling requirements in (a) and (b).

(3) All bottled, packaged and canned food products described under OAR 603-025-0235 will be labeled with all of the following:

(a) A product identity, which is a truthful or common name of the product that is contained in the package;

(b) The net weight of the product. Net weight or volume must be in both the US lbs./oz. and metric scale. For example, “Net Wt. 12 oz. (340 g)” for a dry product and “ Net Wt. 32 fl. Oz (1 QT) 946 ml” for a liquid product;

(c) An ingredient statement that properly declares all major food allergens. All ingredients will be listed in descending order of predominance by weight or volume; and

(A) Major food allergens allowed in producer-processed products under this rule are peanuts, tree nuts, soy and wheat;

(B) Major food allergens will be labeled:

(i) Using the appropriate major food allergen in parenthesis within the ingredient list after the common or usual name of the ingredient derived from that major food allergen, for example, if a product contained semolina, the ingredient list could read: semolina (wheat); or

(ii) Using a “Contains” statement to summarize the allergen information in a statement at the end of, or immediately adjacent to, the ingredient list.

(d) The address of the agricultural producer that produced the principal ingredients and bottled, packaged or canned the food products.

(4) When Oregon or the Federal Government has adopted a standard of identity for any labeled product covered by the farm direct marketer exemption, that product will specifically meet those standards of identity found in ORS Chapters 616 (Food and Other Commodities) and 632 (Agricultural and Horticultural Products) and in OAR 603-025-0190 (Standards of Identity).

Stat. Auth.: ORS 561, 616 & (Enrolled HB 2336)

Stat. Implemented: ORS 616.835 & (Enrolled HB 2336)
Hist.: DOA 14-2012, f. & cert. ef. 6-1-12

603-025-0275

Producer-Processed Foods Records

(1) Raw materials, packaging materials, and finished products that are not in compliance with United States Food and Drug Administration (FDA) regulations may be considered adulterated.

(2) Processing and production records for products having a water activity (aw) greater than 0.85 and having been acidified to decrease the equilibrium pH of the food to 4.6 or below will show that the process and product formulations comply with all critical factors mandated by a recognized process.

(a) To demonstrate compliance with acceptable equilibrium pH measurements, batch-by-batch records of pH meter calibration and batch-by-batch records of finished product testing will be maintained.

(A) Finished product testing will be performed following the requirements of the 2010 version of 21 CFR 114.90(a) and (b) (Methodology). A pH meter or potentiometer is the primary instrument used in determining product pH. Colorimetric methods including, but not limited to, indicator solutions and indicator paper may be used if the equilibrium pH of the product is 4.0 or lower.

(b) Processing and production records will be associated with production dates and batches.

(c) Any deviation from an approved process and the corrective action taken to remedy the deviation will be recorded and maintained.

(A) A product produced with a processing deviation will:

(i) Not be sold for human consumption; or,

(ii) Be permitted for sale for human consumption if the product is reprocessed to rectify the deviation in a manner approved by a recognized process authority.

(3) Farm direct marketers will maintain sales records of products subject to OAR 603-025-0235(2). Sales records will include, but need not be limited to, the following information:

(a) Product(s) sold;

(b) Price;

(c) Quantity sold;

(d) Current, rolling total of year-to-date sales.

(4) Copies of all records required by these administrative rules (OAR 603-025-0225 through 0275) will be retained at the processing facility or other reasonably accessible location for a period of three years from the date of manufacture.

(a) Records will be made available to the Department upon request.

(b) Failure to provide records to the Department upon request may result in the revocation of the farm direct marketer exemption.

Stat Auth.: ORS 616.700 & (Enrolled HB 2336)

Stat. Implemented: (Enrolled HB 2336)
Hist.: DOA 14-2012, f. & cert. ef. 6-1-12


Rule Caption: Inland Rogue Agricultural Water Quality Management Area Rules.

Adm. Order No.: DOA 15-2012

Filed with Sec. of State: 6-1-2012

Certified to be Effective: 6-1-12

Notice Publication Date: 5-1-2012

Rules Adopted: 603-095-1460

Rules Amended: 603-095-1400, 603-095-1420, 603-095-1440

Rules Repealed: 603-095-0200, 603-095-0220, 603-095-0240, 603-095-0260, 603-095-0280

Subject: This rule is a refile of a previously adopted filing due to a missed deadline.

 The rules effectuate the implementation of the Inland Rogue Agricultural Water Quality Management Area Plan developed under ORS 568.900 through 568.933 and OAR Chapter 603 Division 90.

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

603-095-1400

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Inland Rogue Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900 – 568.933 and 561.190 – 561.191. The area plan is known as the Inland Rogue Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Inland Rogue Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with OAR 603-095-1400 to 603-095-1460 is expected to aid in the achievement of applicable water quality standards in the Inland Rogue Agricultural Water Quality Management Area.

Stat. Auth.: ORS 561.190 – 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 13-2001, f. & cert. ef. 6-8-01; DOA 1-2012, f. & cert. ef. 1-12-12; DOA 15-2012, f. & cert. ef. 6-1-12

603-095-1420

Geographic and Programmatic Scope

(1) The Inland Rogue Agricultural Water Quality Management Area includes the drainage area of the Rogue River primarily within the political boundaries of Jackson and Josephine counties. It does not include the drainage area of the Lower Rogue outside the Josephine county boundary. The physical boundaries of the Inland Rogue Agricultural Water Quality Management Area are indicated on the map included as Appendix 1 of these rules.

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Inland Rogue Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle, or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies, reservation and tribal trust lands, and activities which are subject to the Forest Practices Act.

(3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Inland Rogue Agricultural Water Quality Management Area.

(5) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the Department of Agriculture (department) and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply and to assure that duplication of any services provided, or fees assessed does not occur.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 561.190 - 561.191 & 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 13-2001, f. & cert. ef. 6-8-01; DOA 1-2012, f. & cert. ef. 1-12-12; DOA 15-2012, f. & cert. ef. 6-1-12

603-095-1440

Prohibited Conditions

(1) All landowners or operators conducting activities on lands described above in OAR 603-095-1420(2) shall be in compliance with the following rules. A landowner shall be responsible for only those conditions caused by the activities of the landowner or operator. Rules do not apply to conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated. Limited duration activities may be exempt from these conditions subject to approval by the department.

(2) Excessive Soil Erosion

(a) There shall be no visible evidence of erosion resulting from agricultural management in a location where erosion has contributed or will contribute sediment to waters of the state. Visible evidence of erosion may consist of the following features:

(A) Sheet wash, noted by visible pedestalling, surface undulations, and/or flute marks on bare or sparsely-vegetated ground;

(B) Visibly active gullies, as defined by OAR 603-095-0010(1);

(C) Multiple rills, which have the form of gullies, but are smaller, in cross-sectional area, than one square foot.

(3) Riparian Vegetation Destruction

(a) Agricultural management of riparian areas shall not impede the development and maintenance of adequate riparian vegetation to control water pollution, provide stream channel stability, moderate solar heating, and filter nutrients and sediment from runoff.

(b) This condition is not intended to prohibit riparian grazing where it can be done while managing for riparian vegetation required in OAR 603-095-1440(3)(a).

(c) Constructed ditches that carry only irrigation delivery and drainage water are exempt from conditions described in OAR 603-095-1440(3).

(4) Surface Irrigation Return Flows Runoff of surface irrigation that enters waters of the state shall not exceed water quality standards or cause pollution of the receiving water.

(5) Waste No person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

Stat. Auth.: ORS 561.190 - 561.191 & 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 13-2001, f. & cert. ef. 6-8-01; DOA 1-2012, f. & cert. ef. 1-12-12; DOA 15-2012, f. & cert. ef. 6-1-12

603-095-1460

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933, or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution, or alleging any violation of ORS 568.900 to 568.933, or any rules adopted thereunder, may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1460(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933, or any rules adopted thereunder.

(5) As used in section OAR 603-095-1460(4), “person” does not include any local, state, or federal agency.

(6) Notwithstanding OAR 603-095-1460(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Statutory Authority: ORS 561.190 - 561.191 & 568.912

Statutes Implemented: ORS 568.900 - 568.933
Hist.: DOA 1-2012, f. & cert. ef. 1-12-12; DOA 15-2012, f. & cert. ef. 6-1-12


 

Rule Caption: Renames directly supervised trainee license and allows for multiple year renewal with educational component.

Adm. Order No.: DOA 16-2012

Filed with Sec. of State: 6-1-2012

Certified to be Effective: 6-1-12

Notice Publication Date: 5-1-2012

Rules Amended: 603-057-0001, 603-057-0100, 603-057-0127

Subject: This rule is a refile of a previously adopted filing due to a missed deadline.

 The rules rename the directly Supervised Trainee License to avoid confusion with the Immediately Supervised Trainee License. The Directly Supervised Trainee License is renamed the Pesticide Apprentice License. In addition, the rules expand the ability to renew the Pesticide Apprentice License. Existing administrative rules limit directly supervised trainees to one lifetime annual renewal. A pesticide apprentice may maintain a pesticide trainee license indefinitely by attending educational programs and demonstrating attempts to attain pesticide applicator certification. The rules restrict pesticide apprentices and immediately supervised trainees from applying pesticides by helicopter or fixed wing aircraft. Finally, the supervisor of an immediately supervised trainee or apprentice must be named in each pesticide application record.

 These changes are intended to allow flexibility for employers to hire, train and supervise trainees. Persons who qualify for the Pesticide Apprentice License will be able to enter the industry at a more gradual pace and will be introduced to concepts presented in continuing education programs. Persons with limited written English language skills or test taking abilities will be allowed to continue employment under the supervision of a fully licensed applicator. The rules will clarify several trainee-related topics, ensure documentation of the supervisor-trainee relationship and reduce confusion over what level of supervision is required for each type of trainee license.

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

603-057-0001

Definitions

In addition to the definitions set forth in ORS 634.006, the following shall apply (1) “Accident” means an undesirable and unintended event, caused by the use or application of pesticides, that adversely affects the environment.

(2) “Compatibility” means the properties of a pesticide that permit its use with other chemicals without undesirable results being caused by such combination.

(3) “Competence” means the proficiency in the performance of activities related to pesticide application, the degree of which is directly related to the nature of such activities.

(4) “Common Exposure Route” means a likely way (oral, dermal, respiratory) by which a pesticide may enter an organism.

(5) “Environment” means water, air, land and plants, humans, or other animals living therein or thereon, and the interrelationships existing among them.

(6) For the purpose of pesticide registration as specified in ORS 634.016, “pesticide product” means a pesticide readily distinguishable from any other pesticide by its content, registration number assigned by the United States Environmental Protection Agency, brand name, trade name, manufacturer, registrant, use as specified in labeling, or other distinction, but not including size or quantity of package.

(7) “Non-Target Organism” means plant or animal life other than to which the pesticide is applied or is intended to be applied.

(8) “Regulated Pest” means a specific organism determined by the Department to be a pest requiring control, or eradication in order to protect the environment.

(9) For the purposes of ORS 634.006(9)(c), 634.106(7), 634.126(1)(c), 603-057-0001(11), and 603-057-0127, the terms “direct charge of,” “supervises,” “direct supervision,” or “supervision” means that:

(a) The supervisor of the person applying a pesticide has determined that the person applying a pesticide has sufficient knowledge and ability to safely apply the particular pesticide according to its label directions and any other additional directions;

(b) The person applying a pesticide is applying the particular pesticide under the instructions of their supervisor; and

(c) The person applying a pesticide is applying the pesticide in such proximity to their supervisor that such supervisor is reasonably available for any needed consultation or further direction, even though such supervisor is not physically present at the time or place of the pesticide application.

(10) “Immediate Supervision” means supervision by an appropriately licensed applicator who is:

(a) Located on the pesticide application site at all times during the application; and

(b) Available at the specific point of pesticide use within a time period of no more than five minutes.

(11) “Pesticide Apprentice” is a type of pesticide trainee or a type of public trainee, as those terms are defined in ORS 634.006(14) and (18), that engages in pesticide application activities under the supervision of a licensed pesticide applicator or a licensed public applicator as described in OAR 603-057-0127. A pesticide apprentice is limited to the categories of pesticide application authorized on the applicator license of the supervisor.

(12) For the purposes of subsection (9) of this rule, “supervisor” means a person that is responsible for the actions of a person applying a pesticide.

Stat. Auth.: ORS 561.190 & 634
Stats. Implemented: ORS 634.306
Hist.: AD 7-1977, f. & ef. 4-5-77; AD 7-1980, f. & ef. 9-25-80; AD 17, f. & cert. ef. 11-15-89; AD 12-1992, f. 10-13-92, cert. ef. 1-1-93; DOA 2-2012, f. 1-13-12, cert. ef. 1-1-13; DOA 16-2012, f. & cert. ef. 6-1-12

603-057-0100

License Fees

The following designated annual fees shall be applicable to each described license:

(1) Pesticide Operator: $90 including one category; $15 for each additional category; and $20 for each additional category after license issued.

(2) Pesticide Applicator: $50 including one category; $7.50 for each additional category; and $12.50 for each additional category after license issued.

(3) Pesticide Trainee or Apprentice: Same as pesticide applicators.

(4) Public Applicator, Trainee or Apprentice: Same as pesticide applicators.

(5) Pesticide Dealer: $75, with a separate license required for each sales outlet or location.

(6) Pesticide Consultant: $40.

Stat. Auth.: ORS 561 & 634
Stats. Implemented: ORS 634.116, 634.122, 634.126, 634.132 & 634.136
Hist.: AD 1001(15-73), f. 11-20-73, ef. 12-11-73; AD 7-1977, f. & ef. 4-5-77; AD 24-1981, f. & ef. 12-1-81; DOA 39-2003, f. 10-17-03, cert.ef. 11-15-03; DOA 2-2012, f. 1-13-12, cert. ef. 1-1-13; DOA 16-2012, f. & cert. ef. 6-1-12

603-057-0127

Pesticide Apprentice Standards of Competence

(1) The department may issue a pesticide apprentice license for one licensing period, or portion thereof. The department may issue the license to an applicant that is at least 18 years of age upon receipt of:

(a) A license application form that contains all of the information requested by the department;

(b) Payment of the appropriate fee; and.

(c) Documentation that the applicant successfully completed, within two years of the date of initial application, a written examination developed and administered by the department for the purpose of assuring that the applicant is competent in the use of pesticides as a pesticide apprentice. The content of this examination shall include the topics listed in OAR 603-057-0129(1)(a) through (e). Successful completion of the examination shall require answering at least 70 percent of the examination questions correctly.

(d) A pesticide apprentice license shall expire on December 31 of the year of issuance, or the following year if issued a license for two consecutive years.

(2) The department may renew a pesticide apprentice license for consecutive licensing periods upon receipt of:

(a) A license renewal application form containing all of the information requested by the department;

(b) Payment of the appropriate fee; and

(c) Documentation that the applicant successfully completed the required credit hours of pesticide instructional sessions during the previous licensing period. The department must accredit the instructional sessions. Eight (8) credit hours are required for each year of a licensing period. Four (4) of the eight (8) credit hours must be core credits as described in OAR 603-057-0135. All training requirements may be waived for the first year of the initial licensing period only.

(3) If a person licensed as a pesticide apprentice does not deliver the form, fee, and documentation described in subsection (2) of this rule to consecutively renew their license, the person will not be eligible to renew their pesticide apprentice license. The person must retake the qualifying examination as described in (1)(c) of this section.

(4) A pesticide apprentice license authorizes the holder to conduct pesticide application activities under the supervision of an appropriately licensed supervisor. The licensed apprentice may apply pesticides only in the categories listed on the supervisor’s license. If the supervisor is a licensed public applicator, the licensed apprentice may only apply pesticides as described in ORS 634.116(12).

(5) For each pesticide application made by a pesticide apprentice, 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 appropriately licensed pesticide apprentice(s) and the supervisor(s). The employer of the licensed pesticide apprentice 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.

(6) A pesticide apprentice license does not authorize the holder to conduct pesticide applications by helicopter or fixed wing aircraft.

(7) 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 pesticide apprentice is currently engaged.

(8) Any pesticide apprentice conducting pesticide application activities without a valid appropriately licensed supervisor, 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 2-2012, f. 1-13-12, cert. ef. 1-1-13; DOA 16-2012, f. & cert. ef. 6-1-12


 

Rule Caption: Clarifies the description of the area under quarantine.

Adm. Order No.: DOA 17-2012

Filed with Sec. of State: 6-6-2012

Certified to be Effective: 6-6-12

Notice Publication Date: 5-1-2012

Rules Amended: 603-052-1020

Subject: The proposed amendment clarifies the description of the area under quarantine. Currently, the entire states of Washington and Idaho are exempt from the quarantine. Washington currently has a comparable statewide quarantine for hop powdery mildew. However, in Idaho, only the northern counties are covered by a comparable quarantine, creating a situation where potentially infected hop plants could be shipped into Oregon from southern Idaho counties. This amendment clarifies that only hop plants from counties in Washington and Idaho covered by a comparable quarantine for hop powdery mildew are eligible for shipment into Oregon. This is a housekeeping change to this rule.

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

603-052-1020

Quarantine Against Powdery Mildew of Hops

(1) Establishing Quarantine: A quarantine is established against the powdery mildew disease of hops caused by the fungus Podosphaera macularis (Wallr.) U. Braun & S. Takam. (Sphaerotheca humuli (DC.) Burr.).

(2) Area under Quarantine: All states and districts of the United States, except those counties in the states of Washington and Idaho covered by a comparable quarantine.

(3) Commodities Covered: Plants and all plant parts of hops, Humulus lupulus, excepting kiln dried cones of hops are prohibited entry into this state directly, indirectly, diverted or reconsigned. Used bale coverings and any other articles or equipment that could transmit spores or other infectious material.

(4) Conditions: Covered commodities from the area under quarantine are prohibited.

(5) Director’s Exemptions: Persons wishing to import covered commodities from the area under quarantine must apply in writing for a Director’s Exemption as authorized by OAR 603-052-1020. Applications for Director’s Exemptions must list the prospective buyer and seller; the number, and origin of stock; location of proposed planting site; and any other relevant information. Director’s Exemptions, when granted, will list required safeguards to prevent disease establishment.

(6) Disposition of Commodities in Violation of the Quarantine: All covered commodities described in section (3) of this rule found to be in violation of this quarantine shall be returned immediately to point of origin by the Oregon receiver, or at the receiver’s option be destroyed under the supervision of the Oregon Department of Agriculture without expense to or indemnity paid by the Oregon Department of Agriculture.

Stat. Auth.: ORS 561 & 570.305
Stats. Implemented: ORS 561.190, 561.510 - 561.600 & 570.305
Hist.: AD 7-1993(Temp), f. & cert. ef. 5-26-93; AD 20-1993, f. & cert. ef. 12-14-93; AD 10-1996, f. & cert. ef. 9-5-96; DOA 4-1998, f. & cert. ef. 5-11-98; DOA 12-1999, f. & cert. ef. 6-4-99; DOA 4-2009, f. & cert. ef. 4-9-09; DOA 17-2012, f. & cert. ef. 6-6-12


 

Rule Caption: Increase fees related to audit and third-party certification services.

Adm. Order No.: DOA 18-2012

Filed with Sec. of State: 6-12-2012

Certified to be Effective: 6-12-12

Notice Publication Date: 4-1-2012

Rules Amended: 603-053-0200

Subject: Federal-State Cooperative Agreement with USDA requires that fees charged for audit services conducted under that agreement follow the current federal rate, currently at $92/hour. OAR-603-053 currently puts the Oregon Department of Agriculture out of compliance with this agreement. Increased revenue generated from this fee increase will help pay for administrative costs of the program, as well as yearly continuing education for auditors and accreditation and audit fees for certification programs.

 The ODA proposes a revised fee schedule as follows: change the minimum hourly charge from $75 to $92, with a 4 hour minimum of service. Additionally, it proposes application fees for the National Organic Program certification program at $250 for new organic applicants and $100 yearly renewal application fee for returning customers to cover the administrative cost of accepting and reviewing organic applications before inspection and audit fees can be billed. Additionally, as the Department has begun to offer Global Food Safety Initiative benchmarked audits, a certification fee is proposed to be charged per certificate to cover technical review and administrative costs of this program.

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

603-053-0200

Inspection Fees For Agricultural Products

The following fees and charges are established for grading, inspection, and certification of horticultural and agricultural products and processes. Fees will be established in an amount reasonably necessary to cover the cost of providing grading, inspection, certification and auditing in the Shipping Point Inspection program and administration of the program pursuant to ORS 632.940:

(1) Separate fees and hourly rates for inspection of fresh products at specific facilities may be available upon request. At the option of the department, fees and hourly rates may be established for specific facilities at an amount reasonably necessary to cover the cost of services rendered. Such fees and hourly rates shall be calculated by determining the costs, including administrative overhead, for providing the service to the specific facility. Fees and rates established pursuant to this section supersede the fee schedule and rates established herein.

(2) Regular inspection and Expense Guarantee: Regular inspection fees are established in an amount reasonably necessary to cover the cost of providing the services and administration of the program in each of the Shipping Point Inspection Districts. An expense guarantee may be part of the regular inspection charges. Expense Guarantee: When service is requested that will require the assignment of an inspector at a point where the volume of work, at regular fee schedule, would not be adequate to cover the costs of the service, an expense guarantee may be required. This guarantee may include:

(a) A charge for a minimum of four hours of service at a rate of $ 60 per hour unless otherwise specified by contract;

(b) Travel time at the rate of $ 60 per hour;

(c) Mileage at the rate per mile established by the Department of Administrative Services;

(d) Eight hours per day at $ 60 per hour for a minimum of five days per week Monday through Friday during the assignment;

(e) When regular fees equal or exceed the Expense Guarantee, the regular Fee Schedule shall apply;

(f) Credit may be given towards the Expense Guarantee for any work performed for other applicants;

(g) Overtime charges shall be in addition to the Expense Guarantee.

(3) Fresh Product Grade and Condition Certification:

(a) All Fresh Fruit and Vegetables (except Onions and Potatoes):

(A) 65 lbs. Or less net — 6-1/2¢ per container;

(B) Bulk or bulk bins — $ 3.25 per ton

(b) Brine Cherries:

(A) 15,500 lbs. or less — $ 43;

(B) 15,501 to 31,250 lbs. — $ 50;

(C) 31,251 to 37,500 lbs. — $ 57;

(D) Quantities in excess of 37,500 lbs. — 18¢ per cwt. for the overage;

(c) Onions: — 12¢ per cwt.

(d) Potatoes: — 12¢ per cwt.;

(A) Certified Seed — 12¢ per cwt.;

(B) Diversion — 8¢ per cwt.

(e) Tree Nuts;

(A) Filberts Inshell — 20¢ per cwt.;

(B) Walnuts Inshell — 28¢ per cwt.;

(C) Filbert Kernels — 38¢ per cwt.;

(D) Shelled Walnuts — 48¢ per cwt.

(4) Inspection of Product for Processing: Fees and hourly rates for inspecting fruits and vegetables intended for processing shall be established on a separate, uniform basis for each facility. The fees and hourly rates shall be set at an amount reasonably necessary to cover the cost of services rendered. Such fees and hourly rates shall be calculated by determining the costs, including administrative overhead, for providing the service to the specific facility.

(5) Certification and Third-Party Audit Services Fees: All certification and third-party audit services will be provided on a first come, first served basis as qualified auditing staff is available. These include: USDA National Organic Program (NOP) certification, USDA Good Agricultural Practices/Good Handling Practices (GAP/GHP), USDA Produce GAPs Harmonized Standard, Global Food Safety Initiative benchmarked audit schemes and additional industry or private standards as requested. Audit fees will be applied to all services for accredited programs or for additional audit standards as requested by the industry. The cost for such services may include:

(a) A charge for a minimum of four hours of service at a rate of $92 per hour;

(b) Travel time at the rate of $92 per hour;

(c) Mileage, lodging and per diem reimbursed at rates established by the Department of Administrative Services;

(d) Annual application fees for USDA National Organic Program (NOP) certification at $250 for first-time applicants and $100 for renewal applications; and

(e) Certification fees for Global Food Safety Initiative benchmarked schemes at $300 per certificate, or per site.

(6) Minimum Certificate Charge: When small lots are written up to meet a specific need in an operating packing house, of a commodity which is being inspected on a regular basis, the minimum certificate charge shall be calculated on the regular schedule for that commodity with a $ 10 minimum fee.

(7) Mileage Charges: Mileage may be charged in addition to all inspection fees or time charges, at the rate per mile established by the Department of Administrative Services, when travel is required.

(8) Special Services or Determinations: When platform inspections, checkloading, checkweighing, count certification, sealing, or other special services are requested, then at the option of the Department the fee, hourly charge, and/or the minimum number of hours per day, per week or period, may be agreed upon by prior written contractual agreement between the applicant or applicants and the Department. In no case, however, shall such charges be less than is necessary to completely reimburse the Department for its total costs of furnishing such services. The provisions of this section supersede the other fee schedules and provisions relating thereto.

(9) Off Grade or Size Certification: When containers of rejected commodity are not emptied by the close of the business day, an off grade certificate shall be issued covering the total amount of rejected commodity and the regular fee schedule shall be applied.

(10) Overtime Charges: For all inspection services performed during the following times (which will be considered overtime), the regular inspection fees or hourly charges shall be charged plus $ 30 per hour for all time involved. Overtime charges shall be figured to the nearest one-half hour:

(a) After eight hours shed operation (per scheduled shift) or 6:00 p.m., whichever comes first, on Monday through Friday of each week;

(b) At any time on Saturdays or Sundays; and

(c) At any time on any day which is declared by law to be a holiday for state employees.

(11) Overtime Service Charge: The minimum overtime service charge for Saturdays, Sundays and other legal holidays shall be four hours.

(12) No Service Days: No service will be given on Thanksgiving, Christmas, or New Years days.

(13) Standardization Inspection Charges: Produce requiring inspection under ORS 632, arriving on Oregon terminal markets without evidence of inspection or without request for inspection being made to the Department prior to arrival will be assessed double the applicable fee stated in the fee schedule and a state certificate will be issued.

(14) Extra Service Charge: When extra service is requested in conjunction with grade and condition certification, an additional charge at the applicable fee stated per hour may be made for additional time used to make these determinations. Time shall be figured to the nearest 1/2 hour.

(15) Additional Certificates: When it is necessary to issue extra certificates, certificate copies, or superceded certificates, a charge of $ 10 for each certificate shall be made. When the cost to issue the certificates exceed $10, the hourly rate shall apply. When it is necessary to issue extra certificates or supercede certificates due to errors of Inspection Service, no charge will be made.

(16) Phytosanitary or Federal FV-294 Certificates or Federal FV-184 Certificates (extra service charge for sampling and inspection):

(a) When in conjunction with and at the time of grade inspection — 2¢ per cwt.;

(b) When not grade inspected or at time of inspection, the hourly inspection fee will apply plus — 2¢ per cwt.;

(c) Minimum service charge for each certificate issued — $10.

(17) Fumigation Certificates: When fumigation certification is requested, a charge at the applicable rate per hour will be made for all time required, including travel time, plus mileage at a rate established by the Department of Administrative Services.

Stat. Auth.: ORS 561.190, 632.940 & 632.945
Stats. Implemented: ORS 632.940 & 632.945
Hist.: AD 562, f. & ef. 10-7-57; AD 611, f. 7-10-59; AD 672, f. 6-29-61; AD 767, f. & ef. 7-17-63; AD 799(6-65), f. 6-30-65, ef. 7-15-65; AD 854(26-67), f. 9-26-67, ef. 10-1-67; AD 886(16-68), f. 8-21-68, ef. 10-1-68; AD 904(10-69), f. 8-29-69, ef. 9-8-69; AD 973(6-72), f. 7-11-72, ef. 8-1-72; AD 1037(27-74), f. 8-20-74, ef. 9-11-74; AD 1069(15-75), f. 9-5-75, ef. 9-25-75; AD 13-1979, f. 9-28-79, ef. 10-1-79; AD 10-1983, f. & ef. 8-22-83; AD 2-1991, f. & cert. ef. 2-15-91; AD 17-1992, f. & cert. ef. 11-30-92; AD 11-1994, f. 8-30-94, cert. ef. 9-1-94; AD 9-1996, f. & cert. ef. 7-26-96; DOA 7-1999, f. & cert. ef. 4-26-99; DOA 28-2000, f. & cert. ef. 10-13-00; DOA 27-2002, f. & cert. ef. 12-23-02; DOA 19-2006, f. & cert. ef. 11-2-06; DOA 18-2012, f. & cert. ef. 6-12-12


 

Rule Caption: Deleting multiple sections of OAR for programs that are outdated or defunded.

Adm. Order No.: DOA 19-2012

Filed with Sec. of State: 6-15-2012

Certified to be Effective: 7-1-12

Notice Publication Date: 5-1-2012

Rules Repealed: 603-016-0355, 603-016-0360, 603-016-0365, 603-016-0370, 603-016-0375, 603-016-0380, 603-016-0385, 603-016-0390, 603-031-0105, 603-031-0111, 603-031-0112, 603-031-0113, 603-031-0114, 603-031-0116, 603-031-0117, 603-031-0120, 603-031-0125, 603-031-0140, 603-031-0180, 603-031-0185, 603-050-0100, 603-061-0005, 603-062-0005, 603-062-0010, 603-062-0015, 603-062-0020, 603-063-0005, 603-063-0010, 603-063-0015, 603-063-0020, 603-063-0025, 603-064-0005, 603-064-0050, 603-064-0100, 603-064-0105, 603-064-0110, 603-064-0115, 603-064-0120, 603-064-0130, 603-064-0200, 603-065-0005, 603-065-0010, 603-065-0015, 603-065-0017, 603-065-0020, 603-065-0023, 603-065-0025, 603-065-0032, 603-065-0035, 603-065-0040, 603-065-0045, 603-065-0050, 603-065-0055, 603-065-0060, 603-065-0065, 603-065-0070, 603-065-0075, 603-065-0080, 603-065-0085, 603-066-0005, 603-066-0010, 603-066-0015, 603-066-0020, 603-066-0025, 603-066-0030, 603-066-0100, 603-066-0110, 603-066-0200, 603-066-0205, 603-066-0210, 603-066-0300, 603-066-0305, 603-066-0310, 603-067-0020, 603-067-0035, 603-068-0005, 603-068-0010, 603-068-0015, 603-068-0100, 603-068-0105, 603-068-0110, 603-068-0200, 603-068-0205, 603-068-0210, 603-068-0300, 603-068-0305, 603-068-0310, 603-068-0400, 603-068-0405, 603-068-0410, 603-069-0010, 603-069-0015, 603-069-0020, 603-069-0025, 603-069-0032, 603-069-0035, 603-069-0040, 603-070-0025, 603-070-0030, 603-070-0035, 603-070-0040, 603-070-0050, 603-070-0055, 603-085-0000, 603-085-0010, 603-085-0020, 603-085-0030, 603-085-0040, 603-085-0050, 603-085-0060, 603-085-0070, 603-085-0080, 603-105-0010, 603-064-0205, 603-069-0005, 603-069-0030, 603-069-0034, 603-057-0300, 603-070-0045, 603-070-0060

Subject: The Oregon Department of Agriculture adopts permanent repeal of the following Administrative Rules:

 Animal Health/ID: 603-016 – Eradication and Control of Turkey Diseases, and the Inspection and Grading of Turkeys – No industry need for this.

 Commodity Inspection Programs: 603-031- Grain Inspection – ODA no longer performs this function.

 603-050-0100 – Transportation Permits for Potatoes – Program no longer in use.

 Pesticides Division: 603-057-0300 – Specifications for Use of Pesticides Containing Thiram as Animal Repellents – EPA cancelled use of product.

 Dairy: 603-061 thru 603-069 – Milk Stabilization Program – ODA no longer conducts this program.

 Conservation: 603-070 – Conservation Planning and Implementation Grant Programs – No longer funded or functioning.

 Research: 603-085-0000 – 603-085-0080 – Center for Applied Agricultural Research – No longer funded or functioning

 Wine Advisory Board: 603-105-0010 – Wine Advisory Board – No longer a function of ODA; operates outside of the department.

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

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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