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DEPARTMENT OF AGRICULTURE

 

DIVISION 51

PRODUCE STANDARDS

Apples

603-051-0005

Oregon Grades

(1) Oregon Extra Fancy. "Oregon Extra Fancy" consists of apples of one variety which are mature but not overripe, carefully hand-picked, clean, fairly well formed; free from scab, decay, internal browning, internal breakdown, scald, bitterpit, Jonathan spot, freezing injury, visible water core, and broken skins and bruises except those which are slight and incident to proper handling and packing. The apples are also free from injury caused by smooth netlike russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, disease, insects, or other means; and free from damage by stem or calyx cracks; or by smooth, solid, slightly rough, or rough russeting; provided, that in the case of the Newtown variety, characteristic russet commencing at the stem end shall be permitted as long as it is continuous from the stem bowl and not extending beyond the center of the apple. Each apple of this grade has the amount of color specified in OAR 603-051-0015 for the variety.

(2) Oregon Fancy. "Oregon Fancy" consists of apples of one variety which are mature but not overripe, carefully hand-picked, clean, fairly well formed; free from decay, internal browning, internal breakdown, bitter pit, Jonathan spot, scald, freezing injury, visible water core, and broken skins and bruises except those which are incident to proper handling and packing. The apples are also free from damage caused by russeting; provided, that in the case of the Newtown variety, characteristic russet commencing at the stem end shall be permitted as long as it is continuous from the stem bowl and not extending beyond the center of the apple; sunburn or sprayburn, limb rubs, hail drought spots, scars, stem or calyx cracks, disease, insects; or damage by other means. Each apple of this grade has the amount of color specified in OAR 603-051-0015 for the variety.

(3) Oregon Hail. "Oregon Hail" consists of apples which meet the requirements of Oregon Fancy grade except that hail marks where the skin has not been broken, and well healed hail marks where the skin has been broken, are permitted, provided the apples are fairly well formed (see OAR 603-051-0010 and 603-051-0015).

(4) Oregon C. "Oregon C" consists of apples of one variety which are mature but not overripe, carefully hand-picked, clean, not seriously deformed; free from decay, internal browning, internal breakdown, scald, and freezing injury. The apples are also free from serious damage caused by broken skins, bruises, russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, visible water core, disease, insects; or other means. Each apple of this grade has the amount of color specified in OAR 603-051-0015 for the variety.

(5) Combination Grades:

(a) Combinations of the grades designated in sections (1) to (4) of this rule may be used as follows:

(A) Combination Oregon Extra Fancy and Oregon Fancy;

(B) Combination Oregon Fancy and Oregon C;

(C) Combination Oregon Extra Fancy, Oregon Fancy, and Oregon C.

(b) Combinations other than these are not permitted in connection with the Oregon apple grades. When combination grades are packed, at least 25 percent of the apples in any lot shall meet the requirements of the higher grade in the combination.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 787(11-64), f. 8-12-64, ef. 9-1-64; AD 926(12-70), f. 9-2-70, ef. 10-1-70; AD 1054(43-74), f. 1-6-75, ef. 1-25-74

603-051-0007

Open Container Pack

As applied to Oregon grades (OAR 603-051-0005) open container pack may consists of apples meeting the requirements of any of the foregoing grades of combinations thereof or may be packed orchard run, except such fruit shall be fit for human consumption and free from decay, worms, scale, and dangerous insect pests and diseases and shall not be packed with noticeable superior specimens on top. The fruits in this pack shall not be wrapped nor the container lidded or covered, except a cleat may be nailed on each end of said container.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 787(11-64), f. 8-12-64, ef. 9-1-64; AD 926(12-70), f. 9-2-70, ef. 10-1-70

603-051-0009

Other Brands and Grades

As applied to Oregon grades (OAR 603-051-0005), any person, firm, or organization wishing to pack apples under any other grade or brand than according to the foregoing rules shall file a certified copy of the description of such grade or brand with the Director of Agriculture before the first day of September of the year in which the apples so to be packed are grown. If such grade or brand is approved by the Director of Agriculture, apples may be packed under such grade or brand instead of the official state grading rules and all boxes of apples so packed shall be marked with that grade or brand. When grades or brands are authorized by the Director of Agriculture, apples packed under such grades shall be inspected and certified by the Department of Agriculture.

Stat. Auth.: ORS 632 & ORS 561
Stats. Implemented: ORS 632.450 – ORS 632.490, ORS 632.900 – ORS 632.980 & ORS 561.190
Hist.: AD 787(11-64), f. 8-12-64, ef. 9-1-64; AD 926(12-70), f. 9-2-70, ef. 10-1-70; DOA 18-1999, f. & cert. ef. 8-27-99

603-051-0010

Tolerances

(1) In order to allow for variations incident to proper grading and handling in each of the Oregon grades (OAR 603-051-0005), the following tolerances are provided as specified:

(a) Defects:

(A) Oregon Extra Fancy, Oregon Fancy, and Oregon Hail grades: Ten percent of the apples in any lot may fail to meet the requirement of the grade, but not more than 1/2 of this amount, or five percent, shall be allowed for apples which are seriously damaged, including therein not more than one percent for apples affected by decay or internal breakdown.

(B) Oregon C grade: Ten percent of the apples in any lot may fail to meet the requirements of the grade, but not more than 1/2 of this amount, or five percent, shall be allowed for apples which are seriously damaged by insects and including in the total tolerance not more than one percent for apples affected by decay or internal breakdown.

(b) When applying the foregoing tolerances to Combination grades, no part of any tolerance shall be allowed to reduce, for the lot as a whole, the 25 percent of apples of the higher grade required in the combination, but individual containers shall have not less than 15 percent of the higher grade;

(c) Size: When size is designated by the numerical count for a container, not more than five percent of the apples in the lot may vary more than 1/4 inch in diameter. When size is designated by minimum or maximum diameter, not more than five percent of the apples in any lot may be smaller than the designated minimum and not more than ten percent may be larger than the designated maximum.

(2) Application of Tolerances. The contents of individual packages in the lot are subject to the following limitations; provided, that the averages for the entire lot are within the tolerances specified for the grade:

(a) Packages which contain more than ten pounds shall have not more than 1-1/2 times a specified tolerance of ten percent or more and not more than double a tolerance of less than ten percent, except that at least one apple which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any package;

(b) Packages which contain ten pounds or less. Not over ten percent of the packages may have more than three times the tolerance specified, except that at least one defective apple may be permitted in any package; provided, that no more than one apple or more than six percent (whichever is the larger amount) may be seriously damaged by insects or affected by decay or internal breakdown.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 787, f. 8-12-64, ef. 9-1-64; AD 926(12-70), f. 9-2-70, ef. 10-1-70

603-051-0011

Calculation of Percentages

As applied to Oregon grades (OAR 603-051-0005) calculation of percentages shall be on the basis of count.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 787(11-64), f. 8-12-64, ef. 9-1-64; AD 926(12-70), f. 9-2-70, ef. 10-1-70

603-051-0013

Condition After Storage or Transit

As applied to Oregon grades (OAR 603-051-0005), decay, scald, or any other deterioration which may have developed on apples after they have been in storage or transit shall be considered as affecting condition and not the grade.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 787(11-64), f. 8-12-64, ef. 9-1-64; AD 926(12-70), f. 9-2-70, ef. 10-1-70

603-051-0014

Marking Requirements

As applied to Oregon grades (OAR 603-051-0005):

(1) The numerical count or the minimum diameter of the apples packed in a closed container shall be indicated on the container.

(2) When the numerical count is not shown, the minimum diameter shall be plainly stamped, stenciled, or otherwise marked on the container in terms of whole inches, or whole inches and not less than eighth inch fractions thereof, in accordance with the facts. Net weight shall be similarly marked in terms of whole pounds, avoirdupois, in accordance with the facts.

(3) Only the following abbreviations are approved and permitted for marking grade on containers:

(a) Ore. Ex. Fcy. -- Oregon Extra Fancy;

(b) Ore. Fcy. -- Oregon Fancy;

(c) Ore. C -- Oregon C;

(d) Ore. Hail -- Oregon Hail;

(e) Comb. -- Combination (used in conjunction with combination grades).

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 787(11-64), f. 8-12-64, ef. 9-1-64; AD 926(12-70), f. 9-2-70, ef. 10-1-70

603-051-0015

Color Requirements

(1) In addition to the requirements specified for grades set forth in OAR 603-051-0005 apples of these grades shall have the percentage of color specified for the variety in Table 1. For the solid red varieties, the percentage stated refers to the area of the surface which must be covered with a good shade of solid red characteristic of the variety; provided, that an apple having color of a lighter shade of solid red or striped red than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade. For the striped red varieties, the percentage stated refers to the area of the surface in which the stripes of a good shade of red characteristic of the variety shall predominate over stripes of lighter red, green, or yellow. However, an apple having color of a lighter shade than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of stripes of a good red characteristic of the variety required for the grade. Faded brown stripes shall not be considered as color.

(2) In the following, no color is required in any Oregon grade: Natural blush is not objectionable: Golden Delicious, Gravenstein, Ortley, Newtown, Yellow Transparent, or other similar varieties.

[ED NOTE: The Table referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 787(11-64), f. 8-12-64, ef. 9-1-64; AD 926(12-70), f. 9-2-70, ef. 10-1-70

603-051-0020

Definitions

As used in OAR 603-051-0005 to 603-051-0020:

(1) "Mature" means that the apples have reached the state of development which will insure the proper completion of the ripening process. Before a mature apple becomes overripe, it will show varying degrees of firmness, depending upon the stage of the ripening process. The following terms are used for describing different stages of firmness of apples:

(a) "Hard" means apples with a tenacious flesh and starchy flavor;

(b) "Firm" means apples with a tenacious flesh but which are becoming crisp with a slightly starchy flavor, except the Delicious variety;

(c) "Firm ripe" means apples with crisp flesh except that the flesh of the Gano, Ben Davis, and Rome Beauty varieties may be slightly mealy;

(d) "Ripe" means apples with mealy flesh and soon to become soft for the variety.

(2) "Overripe" means apples which are dead ripe, with flesh very mealy or soft, and past commercial utility.

(3) "Carefully Hand-Picked" means that the apples do not show evidence of rough handling or of having been on the ground.

(4) "Clean" means that the apples are free from excessive dirt, dust, spray residue, and other foreign material.

(5) "Fairly Well Formed" means that the apple may be slightly abnormal in shape but not to an extent which detracts materially from its appearance.

(6) "Injury" means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which more than slightly detracts from the appearance, or the edible or shipping quality of the apple. The following specific defects shall be considered as injury:

(a) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether or not an apple is injured by russeting. Smooth, net-like russeting outside of the stem cavity or calyx basin shall be considered as injury when an aggregate area of more than ten percent of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted;

(b) Sunburn or sprayburn, when the discolored area does not blend into the normal color of the fruit;

(c) Dark brown or black limb rubs which affect a total area of more than 3/8 inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of injury by russeting (see section (11) of this rule);

(d) Hail marks, drought spots, other similar depressions or scars:

(A) When the skin is broken, whether healed or unhealed;

(B) When there is appreciable discoloration of the surface;

(C) When any surface indentation exceeds 1/16 inch in depth;

(D) When any surface indentation exceeds 1/4 inch in diameter; or

(E) When the aggregate affected area of such spots exceeds 3/8 inch in diameter (see section (11) of this rule).

(e) Disease, red skin spots which are thinly scattered over more than 1/10 of the surface, or dark, heavily concentrated spots which affect an area of more than 1/4 inch in diameter (see section (11) of this rule);

(f) Insects:

(A) Aphis or thrip marks that are rough or pebbly, or which are not rough or pebbly affecting more than ten percent of the surface;

(B) Worm holes.

(7) "Damage" means any specific defect defined in this section, or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects, which materially detracts from the appearance or the edible or shipping quality of the apple. The following specific defects shall be considered as damage:

(a) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether or not an apple is damaged by russeting, except that excessively rough or bark-like russeting in the stem cavity or calyx basin shall be considered as damage when the appearance of the apple is materially affected. The following types and amounts of russeting outside of the stem cavity or calyx basin shall be considered as damage:

(A) Russeting which is excessively rough on Roxbury Russet and other similar varieties;

(B) Smooth, net-like russeting, when an aggregate area of more than 15 percent of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted;

(C) Smooth, solid russeting, when an aggregate area of more than five percent of the surface is covered, and the pattern and color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous solid russeting when the appearance is affected to a greater extent than the above amount permitted;

(D) Slightly rough russeting which covers an aggregate area of more than 1/2 inch in diameter (see section (11) of this rule);

(E) Rough russeting which covers an aggregate area of more than 1/4 inch in diameter (see section (11) of this rule).

(b) Sunburn or sprayburn which has caused blistering or cracking of the skin, or when the discolored area does not blend into the normal color of the fruit unless the injury can be classed as russeting;

(c) Limb rubs which affect a total area of more than 1/2 inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of damage by russeting (see section (11) of this rule);

(d) Hail marks, drought spots, other similar depressions or scars:

(A) When any unhealed mark is present;

(B) When any surface indentation exceeds 1/8 inch in depth;

(C) When the skin has not been broken and the aggregate affected area exceeds 1/2 inch in diameter (see section (11) of this rule); or

(D) When the skin has been broken and well healed and the aggregate affected area exceeds 1/4 inch in diameter (see section (11) of this rule).

(e) Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of 1/2 inch;

(f) Disease:

(A) Scab spots which affect a total area of more than 1/4 inch in diameter (see section (11) of this rule);

(B) Red skin spots which are thinly scattered over more than 1/10 of the surface, or dark, heavily concentrated spots which affect an area of more than 1/2 inch in diameter (see section (11) of this rule).

(g) Insects:

(A) Aphis or thrip marks that are rough or pebbly or which are not rough or pebbly affecting more than 20 percent of the surface;

(B) Worm holes.

(8) "Serious Damage" means any specific defect defined in this section, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which seriously detracts from the appearance, or the edible or shipping quality of the apple. The following specific defects shall be considered as serious damage:

(a) The following types and amounts of russeting shall be considered as serious damage: Smooth, solid russeting, when more than 1/2 of the surface in the aggregate is covered, including any russeting in the stem cavity or calyx basin, or slightly rough, or excessively rough or bark-like russeting, which detracts from the appearance of the fruit to a greater extent than the amount of smooth, solid russeting permitted; provided, that any amount of characteristic russeting shall be permitted on Newtown variety;

(b) Sunburn or sprayburn which seriously detracts from the appearance of the fruit;

(c) Limb rubs which affect more than 1/10 of the surface in the aggregate;

(d) Hail marks, drought spots, or scars, if they materially deform or disfigure the fruit, or if such defects affect more than 1/10 of the surface in the aggregate; provided, that no hail marks which are unhealed shall be permitted and not more than an aggregated area of 1/2 inch shall be allowed for well healed hail marks where the skin has been broken (see section (11) of this rule);

(e) Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of 1/2 inch;

(f) Visible water core which affects an area of more than 1/2 inch in diameter (see section (11) of this rule);

(g) Disease:

(A) Scab spots which affect total area of more than 3/4 inch in diameter (see section (11) of this rule);

(B) Red skin spots which affect more than 1/3 of the surface;

(C) Bitter pit or Jonathan spot which is thinly scattered over more than 1/10 of the surface and does not materially deform or disfigure the fruit.

(h) Insects:

(A) Aphis pebbling or thrip marks which seriously distract from the appearance;

(B) Worm holes.

(9) "Seriously Deformed" means that the apple is so badly misshapen that its appearance is seriously affected.

(10) "Diameter". When measuring for minimum size, "diameter" means the greatest dimension of the apple measured at right angles to a line from stem to blossom end. When measuring for maximum size, "diameter" means the smallest dimension of the apple determined by passing the apple through a round opening in any position.

(11) "Area". Where in the regulations relating to standards for apples there is a reference "see section (11) of this rule", the word "area" as used therein refers to a circle of the specified diameter.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 787(11-64), f. 8-12-64, ef. 9-1-64; AD 926(12-70), f. 9-2-70, ef. 10-1-70

603-051-0026

U.S. Standards Adopted as State Standards

(1) In addition to standards prescribed in OAR 603-051-0005 to 603-051-0020, there hereby are adopted as the Standards of the State of Oregon For Apples adopted by the United States Department of Agriculture effective September 1, 1964, as amended and in effect October 1, 1966. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.300 to 51.323, a copy of which is filed herewith and by this reference made a part hereof.

(2) The use of United States standards for grades pursuant to this section or of Oregon standards for grades pursuant to OAR 603-051-0005 is optional: However, the federal standards included in CFR Section 51.305 to 51.323 are applicable only to United States grades.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 787(11-64), f. 8-12-64, ef. 9-1-64; AD 926(12-70), f. 9-2-70, ef. 10-1-70; AD 880(11-68), f. 6-11-68

603-051-0045

Apricots Official Standards

The United States Standards For Apricots adopted by the United States Department of Agriculture effective May 25, 1928, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for apricots. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2925 to 51.2932, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 728, f. 7-2-63

Oregon Standards for Grades of Fresh Asparagus

603-051-0061

Oregon No. 1 Grade

"Oregon No. 1" consists of stalks of asparagus which are fresh and fairly straight; which are free from decay and free from damage caused by spreading or broken tips, dirt, disease, insects, or other means:

(1) Size. Unless otherwise specified, the diameter of each stalk is not less than 3/8 inch.

(2) Color. Unless otherwise specified, not less than two-thirds of the stalk length is of a green color.

(3) Tolerances. In order to allow for variations incident to proper grading and handling, the following tolerances, by count, are provided as specified:

(a) For defects. Ten percent for stalks in any lot which fail to meet the requirements of this grade, including therein not more than five percent for defects causing serious damage; provided, that not more than 1/5 of this latter amount, or one percent, shall be allowed for stalks affected by decay;

(b) For off-size. Ten percent for stalks in any lot which fail to meet the specified diameter or length requirements.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 1023(13-74), f. 4-19-74, ef. 5-11-74

603-051-0062

Oregon No. 2 Grade

"Oregon No. 2" consists of stalks of asparagus which are fresh and not badly misshapen; which are free from decay and free from serious damage caused by spreading or broken tips, dirt, disease, insects or other means:

(1) Size. Unless otherwise specified, the diameter of each stalk is not less than 5/16 inch.

(2) Color. Unless otherwise specified, not less than 1/2 of the stalk length is of a green color.

(3) Tolerances. In order to allow for variations incident to proper grading and handling, the following tolerances, by count, are provided as specified:

(a) For defects. Ten percent for stalks in any lot which fail to meet the requirements of this grade, including therein not more than 1/10 of this tolerance, or one percent, shall be allowed for stalks affected by decay;

(b) For off-size. Ten percent for stalks in any lot which fail to meet the specified diameter or length requirements.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 1023(13-74), f. 4-19-74, ef. 5-11-74

603-051-0063

Unclassified

"Unclassified" consists of stalks of asparagus which have not been classified in accordance with any of the foregoing grades. The term "unclassified" is not a grade within the meaning of these standards but is provided as a designation to show that no grade has been applied to the lot.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 1023(13-74), f. 4-19-74, ef. 5-11-74

603-051-0064

Application of Tolerances

The contents of individual packages in the lot are subject to the following limitations:

(1) Packages which contain more than 50 stalks shall have not more than 1-1/2 times a specified tolerance of ten percent or more, or not more than double a specified tolerance of less than ten percent; provided, that the averages for the entire lot are within the tolerances specified for the grade.

(2) Packages which contain 50 stalks or less shall have not more than four times the tolerances specified, except that at least two defective and two off-size stalks may be permitted in any package; provided, that not more than one stalk which is affected by decay may be permitted in any package; and provided further, that the averages for the entire lot are within the tolerances specified for the grade.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 1023(13-74), f. 4-19-74, ef. 5-11-74

603-051-0065

Diameter Classification

Any lot of asparagus may be classified as Small, Medium, or Large, if eighty percent, by count, of the stalks in any lot conform to the following requirements for such sizes:

(1) Small -- 3/8 to 9/16 inch.

(2) Medium -- 9/16 to 3/4 inch.

(3) Large -- over 3/4 inch.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 1023(13-74), f. 4-19-74, ef. 5-11-74

603-051-0066

Amount of Green Color

When the asparagus in a lot has less or more green color than is specified in the grade, it may be described as 1/4 stalk length green, 3/4 stalk length green, etc., in accordance with the facts.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 1023(13-74), f. 4-19-74, ef. 5-11-74

603-051-0067

Stalk Length

There is no minimum stalk length specified in the grades, but the minimum stalk length may be stated in terms of whole inches or whole and half inches in connection with the grade designation as "Oregon No. 1, 8-1/2 inch minimum", "Oregon No. 1 Large, 7 inch minimum", "Oregon No. 1 Large, 10-1/2 inch minimum", etc., in accordance with the facts.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 1023(13-74), f. 4-19-74, ef. 5-11-74

603-051-0068

Definitions

(1) "Fresh" means that the stalk is not limp or flabby.

(2) "Damage" means any defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the stalk.

(3) "Diameter" means the greatest thickness of the stalk measured at a point approximately one inch from the butt.

(4) "Badly Misshapen" means that the stalk is so badly flattened, crooked, or otherwise so badly deformed that its appearance is seriously affected.

(5) "Serious Damage" means any defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the stalk.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 1023(13-74), f. 4-19-74, ef. 5-11-74

Snap Beans

603-051-0075

Official Standards

The United States Standards For Snap Beans adopted by the United States Department of Agriculture effective August 1, 1936, and in effect on January 1, l963, hereby are adopted as the standards of the State of Oregon for snap beans. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 730, f. 7-2-63

Beets

603-051-0090

Official Standards

The United States Standards For Beets adopted by the United States Department of Agriculture effective August 1, l955, and in effect January 1, 1963, hereby are adopted as the standards of the State of Oregon for beets. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.375 to 51.394, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 731, f. 7-2-63

Brussels Sprouts

603-051-0105

Official Standards

The United States Standards For Brussels Sprouts adopted by the United States Department of Agriculture effective January 18, 1954, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for Brussels sprouts. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2250 to 51.2262, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 732, f. 7-2-63

Cabbage

603-051-0120

Official Standards

The United States Standards For Cabbage adopted by the United States Department of Agriculture effective September 1, 1945, and in effect January 1, 1963, hereby are adopted as the standards of the State of Oregon for cabbage. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 733, f. 7-2-63

Cantaloupes

603-051-0135

Official Standards

The United States Standards For Cantaloupes adopted by the United States Department of Agriculture in effect on July 1, 1969, hereby are adopted as the standards of the State of Oregon for cantaloupes. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.475 to 51.497, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 734, f. 7-2-63; AD 903(9-69), f. 8-11-69, ef. 8-15-69

Bunched Carrots

603-051-0150

Official Standards

The United States Standards For Bunched Carrots adopted by the United States Department of Agriculture effective September 18, 1954, and in effect on January 1, l963, hereby are adopted as the standards of the State of Oregon for bunched carrots. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2455 to 51.2471, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 735, f. 7-2-63

Cauliflower

603-051-0165

Official Standards

The United States Standards For Cauliflower adopted by the United States Department of Agriculture in effect on July 1, l969, hereby are adopted as the standards of the State of Oregon for cauliflower. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 736, f. 7-2-63; AD 903(9-69), f. 8-11-69, ef. 8-15-69

Celery

603-051-0180

Official Standards

The United States Standards For Celery adopted by the United States Department of Agriculture effective April 7, 1959, and in effect on January 1, l963, hereby are adopted as the standards of the State of Oregon for celery. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.560 to 51.588, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 737, f. 7-2-63

Sulphured Cherries

603-051-0195

Definition

(1) "Sulphured Cherries" means properly matured whole cherries of similar varietal characteristics packed in a solution of sulphur dioxide of sufficient strength to preserve the cherries with or without the addition of hardening agents.

(2) "Unpitted Sulphured Cherries" means whole cherries stemmed or unstemmed from which the pits have not been removed. If unstemmed, not more than 20 percent, by weight, of all the cherries may have the stems removed. If stemmed, not more than 1/2 of one percent, by weight, of all the cherries may have the stems attached.

(3) "Pitted Sulphured Cherries" means whole cherries with or without stems from which the pits have been removed. If unstemmed (cocktail), not more than seven percent, by weight, of all the cherries may have the stems removed. If stemmed, not more than 1/2 of one percent, by weight, of all the cherries, may have the stems attached.

(4) "Pit" means an entire pit or portion thereof attached to a sulphured cherry or within the pit cavity.

(5) "Unclassified Cherries" means sulphured cherries which do not conform to any of the styles set forth in sections (2), (3), or (4) of this rule.

(6) "Properly Matured" means that stage of ripeness in which the fruit is fully developed for brining purposes.

(7) "Clean" means that the product is practically free from leaves, fruit spurs, bark, twigs, dirt, or foreign material.

(8) "Well Bleached" means that the cherries possess a practically uniform color typical of well bleached sulphured cherries for the variety.

(9) "Firm" means that the cherries possess a firm, fleshy texture, retain their approximate original shape, are not shriveled, and do not show more than slight collapsed areas of flesh.

(10) "Damage" means any injury or defect which materially affects the appearance or market quality of the product. The following shall be considered "damage":

(a) "Mechanical injury". Any open pitter hole, or open pitter holes measuring more than 1/8 inch across in the aggregate; any pitter hole where there is a material loss of flesh; any pitter tear or pitter tears, or any other mechanical injury which materially affects the appearance of the cherry;

(b) "Surface discoloration":

(A) (In case of Oregon No. 1 whole cherry) -- Any light surface discoloration exceeding in the aggregate 1/8 of the surface of the cherry; any dark surface discoloration exceeding in the aggregate the area of a circle 3/16 inch in diameter, but not exceeding in the aggregate 1/8 of the surface of the cherry;

(B) (In case of Oregon No. 1 halved cherries) -- Any light surface discoloration exceeding in the aggregate 1/8 of the surface of the cherry; any dark surface discoloration exceeding in the aggregate the area of a circle 1/16 inch in diameter.

(c) "Rain cracks":

(A) (In case of Oregon No 1. whole cherries) -- In the stem basin more than 1/4 inch in length; outside the stem basin more than 3/16 inch in length measured on the circumference;

(B) (In the case of Oregon No. 1 halved cherries) -- In the stem basin more than 1/8 inch in length; outside the stem basin no rain cracks shall be allowed.

(d) "Blemished". Any insect injury, bird pecks, limb rub, hail marks, sunburn, solution cracks, or any other blemish or combination of blemishes which materially affects the appearance of the cherry; also any cherry, the flesh of which is materially discolored.

(11) "Fairly Well Bleached" means that the cherries possess a reasonably uniform color typical of reasonably well bleached sulphured cherries for the variety.

(12) "Fairly Firm" means that the cherries possess a reasonably firm texture, may have slightly lost their original shape, may be slightly shriveled, or may show moderately collapsed areas of the flesh.

(13) "Serious Damage" means any injury which seriously affects the appearance or market quality of the product. The following shall be considered "serious damage":

(a) Any deformed or double cherry;

(b) "Mechanical injury":

(A) (In case of Oregon No. 2 whole cherries) -- Any open pitter hole, or open pitter holes measuring more than 3/16 inch across in the aggregate; any pitter hole where there is a serious loss of flesh; any pitter tear or pitter tears, or any other mechanical injury which seriously affects the appearance of the cherry;

(B) (In the case of Oregon No. 2 halved cherries) -- Any open pitter hole, or open pitter holes measuring more than 1/8 inch across in the aggregate; any pitter hole where there is a serious loss of flesh; any pitter tear or pitter tears, or any other mechanical injury which seriously affects the appearance of the cherry.

(c) "Surface discoloration". Any light surface discoloration exceeding in the aggregate 1/2 of the surface of the cherry; any dark surface discoloration exceeding in the aggregate 1/8 of the surface of the cherry;

(d) "Rain cracks":

(A) (In the case of Oregon No. 2 whole cherries) -- In the stem basin more than 1/2 inch in length; outside the stem basin more than 3/8 inch in length measured on the circumference;

(B) (In the case of Oregon No. 2 halved cherries) -- In the stem basin more than 1/4 inch in length; outside the stem basin more than 3/16 inch in length measured on the circumference.

(e) Any blemish or combination of any blemishes which seriously affects the appearance of the cherry; also any cherry, the flesh of which is seriously discolored.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 469, ef. 5-20-54

603-051-0200

Grades

(1) Oregon No. 1 grade sulphured whole cherries shall consist of properly matured cherries of similar varietal characteristics that are clean, firm, well formed, and well bleached. The cherries shall be free from damage caused by mechanical injury, surface discoloration, rain cracks, blemishes, or other means. In order to allow for variations incident to proper preparation, grading, and handling, at least 95 percent of the cherries of any lot must meet the requirements of "firm". In addition, not more than ten percent of the cherries of any lot may be below the remaining requirements of this grade, of which not more than 1/2 or five percent shall be allowed for defects classified as serious damage.

(2) Oregon No. 1 grade sulphured halved cherries shall consist of portions of sliced cherries, no particle of which shall be smaller than an estimated 1/3 or more than an estimated 2/3 of a whole cherry. The cherries shall be properly matured, of similar varietal characteristics that are clean, firm, well formed, and well bleached. The cherries shall be free from damage caused by mechanical injury, surface discoloration, rain cracks, blemishes, or other means. In order to allow for variations incident to proper preparation, grading, and handling, at least 95 percent of the cherries of any lot must meet the requirements of "firm". In addition, not more than ten percent of the cherries of any lot may be below the remaining requirements of this grade, of which not more than 1/2 or five percent shall be allowed for defects classified as serious damage.

(3) Oregon No. 2 grade sulphured whole cherries shall consist of properly matured cherries of similar varietal characteristics that are clean, fairly firm, well formed, and fairly well bleached. The cherries shall be free from serious damage caused by mechanical injury, surface discoloration, rain cracks, blemishes or other means. In order to allow for variations incident to proper preparation, grading, and handling, at least 90 percent of the cherries of any lot must meet the requirements of "fairly firm". In addition, not more than ten percent of the cherries of any lot may be below the remaining requirements of this grade.

(4) Oregon No. 2 grade sulphured halved cherries shall consist of properly matured cherries of similar varietal characteristics that are clean, fairly firm, well formed, and fairly well bleached. The cherries shall be free from serious damage caused by mechanical injury, surface discoloration, rain cracks, blemishes, or other means. In order to allow for variations incident to proper preparation, grading, and handling, at least 90 percent of the cherries of any lot must meet the requirements of "fairly firm". In addition, not more than ten percent of the cherries of any lot may be below the remaining requirements of this grade.

(5)(a) Oregon Combination Grade sulphured cherries shall be a combination of Oregon No. 1 and Oregon No. 2 cherries of any style. When such a combination grade is packed, unless otherwise specified, the lot shall average not less than 50 percent Oregon No. 1 quality cherries;

(b) A tolerance of not more than ten percent shall be allowed for cherries which fall below the requirements of Oregon No. 2 grade;

(c) The tolerances for the standards are on a container basis. However, individual containers in any lot may vary from the specified tolerances, providing the averages for the entire lot, based on sample inspection, are within the tolerances specified. No part of any tolerance shall be allowed to reduce, for the lot as a whole, the 50 percent of cherries of the higher grade requirement in the combination; but individual containers may not have less than 35 percent of the higher grade or more than 20 percent below the requirements of Oregon No. 2 grade;

(d) When other combinations are specified, individual containers may not have more than 15 percent less than the percentage specified of the higher grade or more than 20 percent below the requirements of Oregon No. 2 grade.

(6) Oregon No. 3 grade sulphured cherries shall consist of cherries which fail to meet the requirements of the above grades, and shall be practically free of stems, leaves, fruit spurs, bark, dirt, or foreign material.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 469, ef. 5-20-54

603-051-0205

Tolerances for Certification of Lots of Oregon No. 1 or 2 Grade Sulphured Cherries

(1) The tolerances for certification of lots of Oregon No. 1 or 2 grades of sulphured cherries shall be on a container basis. However, not to exceed 1/6 of the individual containers in any lot may vary from the specified tolerances provided the averages for the entire lot, based on sample inspection, are within the tolerances specified. For a tolerance of ten percent or more, individual containers in any lot may contain not more than 1-1/2 times the tolerance specified. For a tolerance of less than ten percent, individual containers in any lot may contain not more than double the tolerance specified.

(2) In pitted cherries:

(a) Of extra small and small sizes, there shall not be found in excess of two pits per each 40 ounces of cherries;

(b) Of medium, large, or mixed sizes, there shall not be found in excess of one pit per each 40 ounces of cherries;

(c) Of extra large size, there shall not be found in excess of one pit per each 60 ounces of cherries.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 469, ef. 5-20-54

603-051-0210

Sizes

The following approximate sizes shall be considered as standards for all grades of sulphured cherries except for halved cherries:

(1) Extra Small: 14 mm. to and including 16 mm.

(2) Small: 16 mm. to and including 18 mm.

(3) Medium: 18 mm. to and including 20 mm.

(4) Large: 20 mm. to and including 22 mm.

(5) Extra Large: 22 mm. and over.

Stat. Auth.: ORS 616
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 469, ef. 5-20-54

Sweet Cherries

603-051-0225

Official Standards

The United States Standards For Grades of Sweet Cherries adopted by the United States Department of Agriculture (36 F. R. 8502) effective May 7, 1971, are hereby adopted as the official standards for sweet cherries within the State of Oregon, save and except that specifically set forth hereafter. A copy of such federal standards is filed herewith and by this reference made a part hereof. The exception to such federal standards is in reference to Section 51.2648(b)(1) of such federal standards, so that the Oregon standard for the grade "Oregon No. 1" would provide for 24 percent for cherries in any lot rather than the 12 percent provided in said federal standard.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 738, f. 7-2-63; AD 937(6-71), f. 7-19-71, ef. 7-19-71; AD 7-1978(Temp), f. & ef. 6-5-78; AD 12-1978, f. & ef. 7-17-78

Green Corn

603-051-0240

Official Standards

The United States Standards For Green Corn adopted by the United States Department of Agriculture effective May 18, 1954, and in effect on January 1, l963, hereby are adopted as the standards for the State of Oregon for green corn. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.835 to 51.857, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 739, f. 7-2-63

603-051-0255

Dewberries and Blackberries Official Standards

The United States Standards For Dewberries and Blackberries adopted by the United States Department of Agriculture effective February 13, 1928, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for dewberries and blackberries. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 740, f. 7-2-63

Filberts in Shells

603-051-0268

Official Standards

The United States Standards For Grades of Filberts in Shell adopted by the United States Department of Agriculture on July 14, 1970. Effective September 1, 1970, are hereby adopted as a standard of the State of Oregon for filberts in shell. Such federal standards are as contained in Sections 51.1995 to 51.2009 of 35 Federal Register 11453. A copy of such regulations is filed herewith and by this reference made a part hereof. In addition thereto, OAR 603-51-273, 603-51-278, 603-51-283, and 603-51-288 of this Order are also hereby adopted as standards of the State of Oregon for filberts in shell.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 939(14-70), f. 10-20-70, ef. 11-1-70

603-051-0273

Oregon No. 1 Grade

"Oregon No. 1" consists of filberts in the shell which meet the following requirements:

(1) Similar type; and

(2) Dry;

(3) Shells:

(a) Well formed; and

(b) Clean and bright;

(c) Free from:

(A) Blanks; and

(B) Broken or split shells.

(d) Free from damage caused by:

(A) Stains; and

(B) Adhering husk; or

(C) Other means.

(4) Kernels:

(a) Reasonable well developed; and

(b) Not badly misshapen;

(c) Free from:

(A) Rancidity;

(B) Decay;

(C) Mold; and

(D) Insect injury.

(d) Free from damage caused by:

(A) Shriveling; and

(B) Discoloration; or

(C) Other means.

(5) Size: The size shall be specified in connection with the grade in accordance with one of the size classifications in Table 2.

(6) Tolerances: In order to allow for variations incident to proper grading and handling, the following tolerance, by count, are permitted as specified:

(a) For mixed types. Twenty percent filberts which are of a different type;

(b) For defects. Ten percent for filberts which are below the requirements of this grade; provided, that not more than 1/2 of this amount or five percent shall consist of blanks, and not more than five percent shall consist of filberts with rancid, decayed, moldy, or insect injured kernels, including not more than two percent for insect injury;

(c) For off-size. Fifteen percent for filberts which fail to meet the requirements for the size specified, but not more than 2/3 of this amount, or ten percent shall consist of undersize filberts.

[ED NOTE: The Table referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 to ORS 632.980
Hist.: AD 929(14-70), f. 10-20-70, ef. 11-1-70; AD 982(15-72), f. 10-25-72, ef. 11-15-72; AD 1065(11-75), f. 8-5-75, ef. 8-25-75

603-051-0278

Application of Standards

(1) The grade of a lot of filberts shall be determined on the basis of a composite sample drawn from containers in various locations in the lot. However, any container or group of containers in which the filberts are obviously of a quality, type, or size materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately.

(2) In grading the sample, each filbert shall be examined for defects of the shell before being cracked for kernel examination. A filbert shall be classed as only one defective nut even though it may be defective externally and internally.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 929(14-70), f. 10-20-70, ef. 11-1-70

603-051-0283

Definitions

(1) "Similar Type" means that the filberts in each container are of the same general type and appearance. For example, nuts of the round type shall not be mixed with those of the long type in the same container.

(2) "Dry" means that the shell is free from surface moisture, and that the shells and kernels combined do not contain more than ten percent moisture.

(3) "Well Formed" means that the filbert shell is not materially misshapen.

(4) "Clean and Bright" means that the individual filbert and the lot as a whole are practically free from adhering dirt and other foreign material, and that the shells have characteristic color.

(5) "Blank" means a filbert containing no kernel or a kernel filling less than 1/4 the capacity of the shell.

(6) "Split Shell" means a shell having any crack which is open and conspicuous for a distance of more than 1/4 the circumference of the shell, measured in the direction of the crack.

(7) "Damage" means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which materially detracts from the appearance, or the edible or marketing quality of the filberts. The following specific defects shall be considered as damage:

(a) Stains which are dark and materially affect the appearance of the individual shell;

(b) Adhering husk when covering more than five percent of the surface of the shell in the aggregate;

(c) Shriveling when the kernel is materially shrunken, wrinkled, leathery, or tough;

(d) Discoloration when the appearance of the kernel is materially affected by black color.

(8) "Reasonably Well Developed" means that the kernel fills 1/2 or more of the capacity of the shell.

(9) "Badly Misshapen" means that the kernel is so malformed that the appearance is materially affected.

(10) "Rancidity" means that the kernel is noticeably rancid to the taste. An oily appearance of the flesh does not necessarily indicate a rancid condition.

(11) "Moldy" means that there is a visible growth of mold either on the outside or the inside of the kernel.

(12) "Insect Injury" means that the insect, frass, or web is present inside the nut, or the kernel shows definite evidence of insect feeding.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 929(14-70), f. 10-20-70, ef. 11-1-70

603-051-0288

Metric Conversion Table

Millimeters (mm) -- Inches:

(1) 24.6 -- 62/64.

(2) 23.4 -- 59/64.

(3) 23.0 -- 58/64.

(4) 22.2 -- 56/64.

(5) 19.4 -- 49/64.

(6) 19.0 -- 48/64.

(7) 18.6 -- 47/64.

(8) 17.9 -- 45/64.

(9) 17.5 -- 44/64.

(10) 16.7 -- 42/64.

(11) 13.9 -- 35/64.

(12) 13.5 -- 34/64.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 929(14-70), f. 10-20-70, ef. 11-1-70; AD 1065(11-75), f. 8-5-75, ef. 8-25-75

Oregon Grade Standards for Filbert (Hazelnut) Kernels

603-051-0305

Application of Standards

The grade of a lot of filbert kernels shall be determined on the basis of a composite sample drawn from containers in various locations in the lot. However, any container or group of containers in which the filberts are obviously of a quality, type, or size materially different from that in the majority of containers shall be considered a separate lot, and shall be sampled separately.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 682, f. 9-8-61; Renumbered from 603-051-0386; AD 741, f. 7-2-63; AD 1101(22-76), f. & ef. 7-20-76

603-051-0310

Official Grades

The following grades are established for filberts (hazelnuts) in Oregon:

(1) Oregon Fancy, which consists of whole filbert kernels meeting the following requirements:

(a) Similar type, well dried and clean;

(b) Free from foreign material, mold, rancidity, decay and insect injury;

(c) Free from damage caused by chafing or scraping, shriveling, deformity, internal flesh discoloration, or other means;

(d) Free from serious damage caused by serious shriveling, broken kernels or other means; and

(e) The size meets, and is declared as, those specified in connection with the grade, in accordance with one of the size classifications in Tables 3 or 4.

(2) Oregon No. 1, which consists of whole filbert kernels meeting the following requirements:

(a) Well dried and clean;

(b) Free from foreign material, mold, rancidity, decay and insect injury;

(c) Free from damage caused by chafing or scraping, shriveling, deformity, internal flesh discoloration or other means;

(d) Free from serious damage caused by serious shriveling, broken kernels or other means; and

(e) The size meets, and is declared as, those specified in connection with the grade, in accordance with one of the size classifications in Tables 3 or 4, or is declared in terms of minimum diameter or minimum and maximum diameters.

(3) Oregon No. 1 Whole and Broken, which consists of whole filbert kernels or portions of filbert kernels meeting the following requirements:

(a) Well dried and clean;

(b) Free from foreign material, mold, rancidity, decay or insect injury;

(c) Free from serious damage caused by serious shriveling, or other means; and

(d) Does not have to meet any size requirement.

[ED NOTE: The Tables referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 682, f. 9-8-61; Renumbered from 603-051-0388; AD 1038(28-74), f. 8-20-74, ef. 9-11-74; AD 1101(22-76), f. & ef. 7-20-76; AD 16-1979, f. & ef. 1-2-80; AD 5-1981, f. & ef. 5-13-81

603-051-0311

Size Classifications

The following size classifications are established for filberts (hazelnuts) in Oregon. (See Tables 3 and 4.)

[ED NOTE: The Tables referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 993(7-73), f. 6-15-73, ef. 7-1-73; AD 1038(28-74), f. 8-20-74, ef. 9-11-74; AD 1065(11-75), f. 8-5-75, ef. 8-25-75; AD 1101(22-76), f. & ef. 7-20-76

603-051-0315

Tolerances

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by weight, are permitted as specified:

(1) For Foreign Material: 0.02 of one percent, for foregoing material.

(2) For Mixed Types: In the Oregon Fancy grade, ten percent for kernels which are of a different type.

(3) For Defects: In the Oregon Fancy and Oregon No. 1 grades, ten percent for kernels which are below the requirements of these grades, provided that not more than 1/2 of this amount or five percent shall be allowed for serious damage caused by serious shriveling and broken kernels, including not more than one percent for moldy, rancidity, decay or insect injury.

(4) For Defects: In the Oregon No. 1 Whole and Broken grade, five percent for kernels or portions of kernels which are below the requirements of this grade, including not more than one percent for moldy, rancidity, decay or insect injury.

(5) For Offsize: 15 percent for kernels which fail to meet the requirements for the size classifications specified, but not more than 2/3 of this amount or ten percent shall consist of undersize kernels.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 682, f. 9-3-61; Renumbered from 603-051-0390; AD 993(7-73), f. 6-15-73, ef. 7-1-73; AD 1038(28-74), f. 8-20-74, ef. 9-11-74; AD 1065(11-75), f. 8-5-75, ef. 8-25-75; AD 1101(22-76), f. & ef. 7-20-76; AD 16-1979, f. & ef. 1-2-80

603-051-0320

Definitions

As used in OAR 603-051-0305 to 603-051-0325:

(1) "Similar Type" means that the kernels are of the same general type and appearance (i.e., kernels of the round type shall not be mixed with those of the long type). Color of the kernels shall not be considered since there is often a marked difference in skin color of kernels of similar type.

(2) "Well Dried" means that the kernels are firm and crisp, not containing more than six percent moisture.

(3) "Clean" means practically free from plainly visible adhering dirt or other foreign material.

(4) "Foreign Material" means any substance other than the filbert kernel, or portions of kernels. Loose skins, pellicles, or corky tissue which have become separated from the kernel shall not be considered as foreign material, provided that this material does not exceed .02 of one percent by weight.

(5) "Damage" means any specific defect described in this section, or an equally objectionable variation of any one of these defects, or any other defect or any combination of defects, which materially detracts from the appearance of the edible or marketing quality of the individual portion of the kernel or of the lot as a whole. The following defects shall be considered as damage:

(a) "Chafing or scraping" means that more than 1/8 of the surface is affected;

(b) "Shriveling" means the kernel is materially shrunken, wrinkled, and tough;

(c) "Deformity" means that the kernel is deformed to the extent that the appearance is materially affected;

(d) "Internal flesh discoloration" means any black discoloration within the kernel. The natural brown stain which occurs within the internal cavity of some types of kernels shall not be considered damage.

(6) "Serious Damage" means any specific defects described in this section or an equally objectionable variation of any of these defects, or any other defect, or any combination of defects, which seriously detracts from the appearance or the edible marketing quality of the individual portion of kernel or of the lot as a whole. The following defects shall be considered as serious damage:

(a) "Serious shriveling" means that the kernel is seriously shrunken, wrinkled, and tough;

(b) "Broken kernels" means portions of kernels of which an estimated 1/4 or more of the original entire kernel has been broken off;

(c) "Moldy" means that there is a visible growth of mold either on the outside or inside of the kernel;

(d) "Rancidity" means that the kernel is noticeably rancid to the taste. An oily appearance of the flesh does not necessarily indicate a rancid condition;

(e) "Decay" means that any portion of the kernel is decomposed;

(f) "Insect injury" means that the insect, frass, or web is present, or the kernel or portion of kernel shows definite evidence of insect feeding.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 682, f. 9-8-61; Renumbered from 603-051-0392; AD 1038(28-74), f. 8-20-74, ef. 9-11-74; AD 1065(11-75), f. 8-5-75, ef. 8-25-75; AD 1101(22-76), f. & ef. 7-20-76; AD 16-1979, f. & ef. 1-2-80

603-051-0325

Labeling Requirements

The principal display panel of each filbert (hazelnut) container shall state:

(1) The name of the commodity, unless it can be easily identified through the wrapper or package;

(2) The name and business address of the grower, packer, shipper, distributor, or dealer, including the zip code;

(3) The grade and size of nuts in accordance with the standards set forth in OAR 603-051-0305 to 603-051-0320;

(4) The net weight; and

(5) The country of origin.

Stat. Auth.: ORS 561,190 & ORS 632.460
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 1101(22-76), f. & ef. 7-20-76; AD 16-1994, f. & cert. ef. 10-10-94

American (Eastern Type) Bunch Grapes

603-051-0335

Official Standards

The United States Standards For American (Eastern Type) Bunch Grapes adopted by the United States Department of Agriculture effective July 19, 1943, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for American (Eastern type) bunch grapes. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 742, f. 7-2-63

Table Grapes (European or Vinifera Type)

603-051-0350

Official Standards

The United States Standards For Grades of Table Grapes (European or Vinifera Type) adopted by the United States Department of Agriculture effective May 20, 1971, are hereby adopted as the standards for table grapes in the State of Oregon.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the office of the agency.]

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 743, f. 7-2-63; AD 1103(24-76), f. & ef. 8-25-76

Honey

603-051-0365

Definitions

As used in OAR 603-051-0366 through 603-051-0395, unless otherwise required by the context, the following terms will be construed, respectively, to mean:

(1) “Air bubble” means the small visible pockets of air in suspension that may be numerous in the honey and contribute to the lack of clarity in filtered style.

(2) “Bees” means honey-producing insects of the genus Apis and includes the adults, eggs, larvae, pupae or other immature stages thereof.

(3) “Comb” means the wax like cellular structure that bees use for retaining their brood or as storage for pollen and honey.

(4) “Crystallize” means the spontaneous solidification of the natural glucose content from solution as the monohydrate.

(5) “Floral source” means the flower from which the bees gather nectar to make honey.

(6) “Food” has the definition provided in ORS 616.205(8).

(7) “Food additive” has the definition provided in ORS 616.205(9).

(8) “Granulate” means the initial formation of crystals in honey.

(9) “Honey” means the natural sweet substance produced by bees resulting from the harvest of plant nectar or plant secretions that has been collected and transformed by the deposition, dehydration, and storage in comb to ripen and mature.

(10) “Pollen grain” means the granular, dust-like microspores that bees gather from flowers. Pollen grains in suspension contribute to the lack of clarity in filtered style.

Stat. Auth.: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Stats. Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
Hist.: AD 152, f. 11-12-43, ef. 1-29-44; DOA 4-2012, f. & cert. ef. 2-9-12

603-051-0366

Standard of Identity for Honey

Honey will meet the following standards:

(1) Honey may not be heated or processed to such an extent that its essential composition is changed or its quality is impaired.

(2) Chemical or biochemical treatments may not be used to influence honey crystallizations.

(3) Honey may not contain more than 21 percent moisture content.

(a) Water may not be added to honey in the course of extraction or packing for sale or resale as honey.

(b) Heather honey may contain up to 23 percent moisture content.

(4) Honey may not be less than 60g/100g fructose and glucose, combined; the ratio of fructose to glucose will be greater than 0.9.

(5) Honey will not exceed five (5) percent sucrose except for honey from the nectar of the plants:

(a) alfalfa (Medicago sativa); citrus spp; false acacia (Robinia pseudoacacia); french honeysuckle (Hedysarum); menzies banksias (Banksia menziesii); red gum (Eucalyptus camaldulensis); leatherwood (Eucalyptus lucida); and eucryphia milligani which may contain up to 10 percent sucrose; or

(b) lavender (Lavandula spp) and borage (Borago officinalis) which may contain up to 15 percent sucrose.

(6) Honey may not contain food additives.

(7) Extracted honey may not contain more than .05g/1000g water insoluble solids.

Stat. Auth.: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Stats. Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
Hist.: DOA 4-2012, f. & cert. ef. 2-9-12

603-051-0370

Types and Styles of Honey

(1) “Extracted honey” is honey that has been separated from the comb by centrifugal force, gravity, straining, or other means, and is identified in the following types:

(a) “Liquid honey” is honey free from visible crystals;

(b) “Crystallized honey” is honey that is solidly granulated or crystallized, irrespective of whether candied, fondant, creamed or spread types of crystallized honey;

(c) “Partially crystallized honey” is honey that is a mixture of liquid honey and crystallized honey.

(2) Extracted honey styles are:

(a) “Filtered” honey is honey of any type defined in these standards having been filtered to the extent that most of the fine particles, pollen grains, air bubbles, or other materials normally found in suspension, have been removed;

(A) Honey will not be filtered to the extent that the filtration removes unnatural chemicals or elemental contaminants.

(b) “Strained” honey is honey of any type defined in these standards having been strained to the extent that most of the particles, including comb, propolis, or other defects normally found in honey, have been removed. Pollen grains, small air bubbles, and very fine particles would not normally be removed.

(3) “Comb honey” is the type of honey stored by bees in the cells of freshly built broodless combs and is sold in sealed whole combs or sections of such combs.

(4) “Chunk honey” is the type of honey whereby comb honey is surrounded by extracted honey.

Stat. Auth.: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Stats. Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
Hist.: AD 152, f. 11-12-43, ef. 1-29-44; DOA 4-2012, f. & cert. ef. 2-9-12

603-051-0375

Grades

The United States Standards for Grades of Extracted Honey adopted by the Agriculture Marketing Service, United States Department of Agriculture effective May 23, 1985 are hereby adopted as the standards for the State of Oregon for extracted honey grades. A copy of such federal standards is filed herewith and by this reference made a part hereof.

Stat. Auth.: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Stats. Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
Hist.: AD 152, f. 11-12-43, ef. 1-29-44; DOA 4-2012, f. & cert. ef. 2-9-12

603-051-0390

Color

The United States Standards for Grades of Extracted Honey adopted by the United States Department of Agriculture effective May 23, 1985 are hereby adopted as the standards for the State of Oregon for extracted honey color. A copy of such federal standards is filed herewith and by this reference made a part hereof.

Stat. Auth.: ORS 561.190, 632.900 – 632.980 & HB 2947 enrolled
Stats. Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
Hist.: AD 152, f. 11-12-43, ef. 1-29-44; DOA 4-2012, f. & cert. ef. 2-9-12

603-051-0395

Labeling Requirements

(1) The name of the food meeting the standard of identity in OAR 603-051-0366 is “honey”.

(2) Honey in a liquid or crystalline state or a mixture of the two will be labeled as “honey”.

(3) Comb honey will be labeled as “comb honey” or “cut comb honey”.

(4) Chunk honey may be labeled as “cut comb in honey”, “honey with comb” or “chunk honey”.

(5) Food containing honey and any flavoring, spice or other ingredient or if honey is processed in such a way that a modification to honey occurs that materially changes the flavor, color, viscosity or other material characteristic of honey, then such foods will be distinguished in the food name from honey by declaration of the food additive modification.

(6) Honey may be designated according to floral source if the honey comes predominantly from that particular source and has the organoleptic, physiochemical and microscopic properties corresponding with that origin. Honey designated according to the honey’s floral source in section (6) will have the common name or the botanical name of the floral source in close proximity or conjoined to the word “honey”.

(7) All labels, containers and food associated with the containers will meet the requirements of ORS 616.205 to 616.385.

Stat. Auth.: ORS 616 & HB 2947 enrolled
Stats. Implemented: ORS 632.900 – 632.980 & HB 2947 enrolled
Hist.: AD 152, f. 11-12-43, ef. 1-29-44; DOA 4-2012, f. & cert. ef. 2-9-12

Lettuce

603-051-0410

Official Standards; Lettuce

The United States Standards For Grades of Lettuce adopted by the United States Department of Agriculture effective December 1, 1975, are hereby adopted as the standards for lettuce in the State of Oregon.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 744, f. 7-2-63; AD 1103(24-76), f. & ef. 8-25-76

Lilium Longiflorum Bulbs

603-051-0425

Definitions of Terms

As used in OAR 603-051-0430 through 603-051-0445:

(1) "Single Crown" means a bulb that shows evidence of producing only one bloom stalk.

(2) "One Variety" means bulbs such as the Croft, Ace, Estate, etc. (the Kenyon-Davidson lily may be packed, and labeled Kenyon-Davidson though it may be more than one strain).

(3) "Mature" means that the bulb shall have reached a stage of maturity in months or years, according to variety, that will tend to produce under good greenhouse practices three or more blooms.

(4) "Fairly Firm" means that the bulbs shall be sufficiently cured at the time of shipment so that there shall be no appreciable loss in weight or shrinking in size during a reasonable length of time after grading, but shall not be so shrunken as to be flabby.

(5) "Damage" means any defect or condition that will affect the forcing qualities of the bulb or detract materially from the appearance of the pack.

(6) "Basal Plate" means the fleshy, circular plate at the base of the bulb from which roots develop.

(7) "Free from Sprouting" means that the bulbs shall not show appreciable evidence of top growth or new root development.

(8) "Damage by Disease" means that the bulbs shall not show evidence of injurious fungus or other plant diseases.

(9) "Slight Blemishes" means slight bruises and/or a very few broken scales. (Corky Tip shall not be considered as blemishes except where it materially affects the appearance of the pack.)

(10) "Circumference" means the measurement around the bulb in inches at the greatest diameter taken at right angles to the straight line from the top to the base of the bulb.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 216, f. 8-30-45, ef. 8-28-45

603-051-0430

Grades

(1) Oregon No. 1 shall consist of single crown bulbs of one variety which are mature, well shaped, fairly firm, with sound basal plates with well developed root systems and free from damage caused by sprouting, sun scald, freezing, heating, dirt, foreign material, diseases, insects, rodents, mechanical, or other means, except that slight blemishes shall be permitted in this grade.

(2) Oregon No. 1 Double Crown shall consist of bulbs that show evidence of producing two or more bloom stocks. Such bulbs shall meet all other requirements of Oregon Grade No. 1.

(3) Unclassified shall consist of bulbs of one variety that do not meet the requirements of the number one grade except they shall be free from injurious insect pests and plant diseases.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 216, f. 8-30-45, ef. 8-28-45

603-051-0435

Tolerance: Sizes

(1) In order to allow for variations incident to proper grading and handling, not more than ten percent of the bulbs, by count, of any lot may be below the requirements of the grade. Slight imperfections which are not discernible in good commercial sorting practice shall not be considered defects of grade.

(2)(a) Unless otherwise specified, the size stated by inches in circumference shall be as follows:

(A) 6-7, 8-9, 9-10, etc.; or

(B) 6-8, 7-9, 8-10, etc.

(b) The above sizes shall be determined as follows: A bulb that will caliper between six and seven inches in circumference is a 6-7, a bulb that will caliper between seven and eight inches is a 7-8, etc. A bulb that will caliper between 6-8 inches in circumference is a 6-8, a bulb that will caliper between 7-9 is a 7-9, etc. Bulbs that are not of a circular shape shall be so measured that the size in circumference will be comparable to that if the bulb was round.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 216, f. 8-30-45, ef. 8-28-45

603-051-0440

Oregon Box Packs

(1) All bulbs packed under these regulations shall be packed in clean, fairly bright boxes, in accordance to approved methods. The boxes shall be well nailed with cleats at ends. There shall be a layer of granulated peat or other suitable packing material on the top and bottom of the pack and also between each layer. All boxes shall be tightly packed at the time of packing, but contents shall not show unnecessary bruising because of over-filled package.

(2) Packed bulbs in any one box shall not have more than ten percent below the minimum size marked on the box. The number of bulbs in any individual box shall not vary more than two percent below the number marked on the box and not more than one percent in lots of ten boxes or more.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 216, f. 8-30-45, ef. 8-28-45

603-051-0445

Marking

All packages of bulbs shall be marked on one end in a legible manner with letters and figures not less than 3/8 inch in height and not less than 3/16 inch in width with the following information: Number of bulbs in the box, variety, size, and name and address of the grower, shipper, or dealer as the case may be. If the required markings do not appear on the label they shall appear on the label end of the box, or if no label is used, on the end of the box as illustrated below:

Oregon No. 1 -- 100 Croft 7-8

LABEL Grower or Shipper

Stat. Auth.: ORS 616
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 216, f. 8-30-45, ef. 8-28-45

Loganberries

603-051-0460

Grades

(1)(a) Oregon No. 1 shall consist of loganberries which are clean, fresh, firm, well colored, well developed, and not overripe, which are free from hulls, mold, and decay, and from damage caused by dirt or other foreign matter, shriveling, sunscald, moisture, disease, insects, mechanical, or other means;

(b) In order to allow for variations incident to proper grading and handling, not more than ten percent, by count, of the berries in any lot may be below the requirements of this grade, but not to exceed 1/2 of this tolerance or five percent, shall be allowed for defects causing serious damage. No appreciable tolerance shall be allowed for mold or decay.

(2) Oregon No. 2 shall consist of loganberries which are not graded in conformity with the foregoing grade and which do not contain more than ten percent, by count, of berries that have been seriously damaged from any cause.

(3) Unclassified shall consist of loganberries which fail to meet the requirements of any of the foregoing grades.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 108, f. 4-7-42, ef. 5-4-42

603-051-0465

Size

Unless otherwise specified, No. 1 berries shall be not less than 3/4 inch in length.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 108, f. 4-7-42, ef. 5-4-42

603-051-0470

Definitions of Terms

As used in OAR 603-051-0460 through 603-051-0470:

(1) "Clean" means reasonably free from leaves, stems, dirt, and other foreign matter.

(2) "Well Colored" means that the whole surface of the berry shall be a good red color.

(3) "Well Developed" means that the berries shall not be misshapen owing to anthracnose injury, frost injury, lack of pollination, insect injury, or other causes.

(4) "Overripe" means dead ripe or soft, becoming very dark in color necessitating immediate consumption.

(5) "Underripe" means partly colored or of a very light red color.

(6) "Damage" means any injury from the causes mentioned which materially affects the appearance, edible, or shipping quality.

(7) "Seriously Damaged" means berries which are badly deformed, crushed, leaky, or otherwise seriously injured. Berries which have less than 1/2 of the surface covered with a good red color shall be considered as seriously damaged.

(8) "Appreciable Tolerance" means less than one percent.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 108, f. 4-7-42, ef. 5-4-42

Onions

603-051-0483

Definitions

For the purposes specified in ORS 632.206 -- 632.260, "lot" means a continuous identifiable amount of fresh packed onions that does not exceed one day's run.

Stat. Auth.: OAR 632.905 & 632.211
Stats. Implemented: ORS 632.900 - ORS 632.980 & ORS 632.206 - ORS 632.260
Hist.: DOA 8-2001, f. & cert. ef. 5-4-01

603-051-0485

Official Standards

The following standards hereby are adopted as the Standards of the State of Oregon for Onions: United States Standards For Grades of Onions Other Than Bermuda, Granex, Grano, and Creole Types adopted by the United States Department of Agriculture on October 18, 1966, which went into effect on December 15, 1966. Such federal standards are contained in Sections 51.2830 to 51.2854 of 31 Federal Register 13637 et seq. A copy of such regulations is filed herewith and by this reference made a part hereof.

NOTE: Refer to ORS 632.206 - 632.260 and 632.990 for requirements as to inspection and labeling.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 746, f. 7-2-63; AD 832(4-67), f. 3-3-67, ef. 4-1-67; AD 833A(4-67), f. & ef. 4-4-67

603-051-0487

Oregon Percentage Grade

In order to allow shippers to pack a percentage of US NO. 1 Grade product for market, the "Oregon Percentage Grade" is adopted. The "Oregon Percentage Grade" shall include a percentage of US No.1 Grade product. (7 CFR Section 51.2830).

[Publications: The publication(s) referenced to in this rule is available from the agency.]

Stat. Auth.: OAR 632.905 & 632.211
Stats. Implemented: ORS 632.900 - ORS 632.980 & ORS 632.206 - ORS 632.260
Hist.: DOA 8-2001, f. & cert. ef. 5-4-01

603-051-0490

Oregon Extra Fancy Export Grade

In order to allow shippers to pack a higher quality for export, the "Oregon Extra Fancy Export" grade is adopted. This grade consists of onions which meet all of the requirements of the U.S. No. 1 Grade (7 CFR Section 51.2830) except that the onions shall meet the following additional requirements:

(1) Color: fairly bright;

(2) Size:

(a) Boiler: 1 inch to 2 inches;

(b) Prepack: 2 inch minimum;

(c) Medium: 2 1/2 inch minimum;

(d) Jumbo: 3 inch minimum.

(3) Tolerance for size. 2 percent undersize, 10 percent oversize;

(4) Tolerances for grade. Lot limit 3 percent total defects including 1 percent decay; no averaging above 5 percent total, including 2 percent decay on any one sample;

(5) Special lot tolerances:

(a) Sunburn or greening. Lot tolerance 10 percent; score when more than 10 percent of onions in a lot have a medium green color on one-quarter of the surface;

(b) Peeling. Lot tolerance 10 percent; score when more than one-quarter of thin papery skin is missing, leaving the underlying fleshy scale unprotected.

NOTE: Refer to ORS 632.206 - 632.260 and 632.990 for requirements as to inspection and labeling.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 632.905
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 16-1997, f. & cert. ef. 10-8-97

Onion Sets

603-051-0500

Official Standards

The United States Standards For Onion Sets adopted by the United States Department of Agriculture effective February 1, 1940, and in effect on January 1, 1963, hereby are adopted as standards for the State of Oregon for onion sets. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 747, f. 7-2-63

Parsnips

603-051-0515

Official Standards; Parsnips

The United States Standards For Grades of Fresh Parsnips adopted by the United States Department of Agriculture effective March 23, 1954, are hereby adopted as the standards for fresh parsnips in the State of Oregon.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 748, f. 7-2-63; AD 1103(24-76), f. & ef. 8-25-76

Peaches

603-051-0530

Official Standards

The United States Standards For Peaches adopted by the United States Department of Agriculture effective June 15, 1952, and in effect January 1, 1963, hereby are adopted as the standards of the State of Oregon for peaches. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 749, f. 7-2-63

Summer and Fall Pears

603-051-0545

Official Standards

The following standards hereby are adopted as the standards of the State of Oregon for summer and fall pears:

(1) The United States Standards For Summer and Fall Pears, adopted by the United States Department of Agriculture effective August 20, 1955, and in effect on January 1, 1963. Such federal standards are contained in Title 7, Chapter 1, Part 51 of Code of Federal Regulations in Sections 51.1260 to 51.1280, a copy of which is filed herewith and by this reference made a part hereof.

(2) Oregon Extra Fancy. This grade consists of summer and fall pears which meet all the requirements of U.S. No. 1 grade (7 CFR Sec. 51.1261).

(3) Oregon Fancy. This grade consists of summer and fall pears which meet all the requirements of U.S. No. 2 grade (7 CFR Sec. 51.1263).

(4) Oregon Combination. This grade consists of a combination of Oregon Extra Fancy and Oregon Fancy grades for summer and fall pears which meet all the requirements of U.S. Combination grade (7 CFR Sec. 51.1262).

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 750, f. 7-2-63

Winter Pears

603-051-0560

Official Standards

The following standards hereby are adopted as the standards of the State of Oregon for winter pears:

(1) The United States Standards For Winter Pears, adopted by the United States Department of Agriculture effective September 10, 1955, and in effect on January 1, 1963. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.1300 to 51.1323, a copy of which is filed herewith and by this reference made a part hereof.

(2) Oregon Extra Fancy. This grade consists of winter pears which meet all the requirements of U.S. Extra No. 1 grade (7 CFR Sec. 51.1301).

(3) Oregon Fancy. This grade consists of winter pears which meet all requirements of U.S. No. 2 grade (7 CFR Sec. 51.1304).

(4) Oregon Commercial. This grade consists of winter pears which meet all the requirements of U.S. Combination grade (7 CFR Sec. 1303), except that broken skins and skin punctures not to exceed three-sixteenths of an inch in diameter shall not be considered a defect for this grade.

(5) Oregon Unclassified. This grade consists of winter pears of one variety which are hand picked, mature, clean, sound, free from codling moth injury, and scale; hard end, if the pear shows a distinctly constricted protrusion at the blossom end; except that scab spots affecting an aggregate area of not more than one inch width no one spot of more than 3/4 of an inch in diameter shall be permitted. The pear shall peel one good half, shall be free from punctures and broken skin, except those meeting the requirements of Oregon Extra Fancy and Oregon Fancy grades may have punctures or custs not to exceed 1/4 of an inch in diameter. U.S. Standards Sections 51.1306 to 51.1323, (7 CFR) are applicable to this grade.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 751, f. 7-2-63

Fresh Peas

603-051-0575

Official Standards

The United States Standards For Fresh Pea adopted by the United States Department of Agriculture effective June 1, 1942, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for fresh peas. A copy of such federal regulations is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 752, f. 7-2-63

Fresh Plums and Prunes

603-051-0590

Official Standards

The United States Standards For Fresh Plums and Prunes adopted by the United State Department of Agriculture as of the date of this regulation and including last amendment effective July 1, 1969, hereby are adopted as the standards of the State of Oregon for fresh plums and prunes. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.1520 to 51.1537, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 753, f. 7-2-63; AD 880(11-68), f. & ef. 6-11-68; AD 903(9-69), f. 8-11-69, ef. 8-15-69

Fresh Plums and Prunes for Processing

603-051-0605

Grades

(1) Oregon No. 1 shall consist of plums or prunes of one variety which are well formed, mature, but not soft or shriveled, and which are free from decay and sunscald, and from damage caused by cracks, heat injury or internal browning, growth cracks, sunburn, split pits, russeting, scars, drouth spots, or gum pockets, dirt or other foreign materials, disease, insects, mechanical, or other factors which affect the quality of the processed fruit. Plums or prunes unless otherwise specified shall be not less than 1-3/16 inches in diameter.

(2) Oregon No. 2 shall consist of plums or prunes of one variety which meet the requirements of Oregon No. 1 grade, except for size. The minimum diameter shall be not less than 1-1/8 inches.

Stat. Auth.: ORS 616
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 348, f. 6-4-48, ef. 6-18-48

603-051-0610

Definitions

As used in OAR 603-051-0605:

(1) "Well-Formed" means that the fruit has the shape characteristics of the variety; doubles shall not be considered well-formed.

(2) "Mature" means that the fruit has reached the stage of maturity at which the flesh has a distinct amber color. Light green color of the flesh at the stem end shall not be scored when extending not in excess of 1/4 inch from the stem basin towards the pit of the fruit.

(3) "Soft" means overripe, or the flesh has reached the stage where it has become mushy, or the skin badly wrinkled. Slight shriveling at stem end shall not be considered as damage.

(4) "Sunscald" means injury by the sun in which softening or collapse of the flesh of the fruit is apparent.

(5) "Damage" means any injury or defect which materially affects the appearance or edible quality of the fruit. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(a) Broken skins which are unhealed and more than 1/8 inch in diameter or depth; except those caused by pulled stems where the skin is not torn beyond the stem basin. (Healed skin breaks shall be handled as scars.);

(b) Heat injury or internal browning, which is extensive and shows dark discoloration of the flesh;

(c) Healed growth cracks shall be considered on the same basis as heavy russet;

(d) Sunburn which has materially changed the normal color of the fruit, or has caused the skin to blister or crack;

(e) Split pit which affects the fruit to an extent that the shape is not well formed;

(f) Russeting which is not rough, when aggregating more than ten percent of the fruit surface; or excessively rough russeting or scars when aggregating more than 3/16 inch in diameter;

(g) Fresh plums or prunes should be considered defective when the presence of gum formations is identified with surface scars, drought spots, or gum pockets;

(h) Dirt or other foreign materials which cannot be readily removed by normal washing in preparation for processing.

(6) "Diameter of the Fruit" means the shortest distance measured through the center of the fruit at right angles to a line running from the stem to the blossom end.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 348, f. 6-4-48, ef. 6-18-48

Oregon Grade Standards -- Fresh Italian Prunes

603-051-0615

Oregon Grade

Oregon No. 1 grade shall consist of prunes of one variety which are well formed, mature, but not overripe, soft, or shriveled, and which are free from decay and sunscald, and from damage caused by broken skins, heat injury, growth cracks, sunburn, split pits, hail marks, drought spots, russeting, scars, dirt or other foreign material, disease, insects, or mechanical or other means. Italian type prunes shall have 2/3 of the surface with purplish color, and unless otherwise specified, the minimum size of such prunes shall be not less than 1-1/4 inches in diameter.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 797(4-65), f. 6-7-65, ef. 7-1-65; AD 880(11-68), f. 6-11-68, ef. 6-11-68; AD 976(9-72), f. 8-24-72, ef. 9-15-72

603-051-0616

Tolerances

In order to allow for variations incident to proper grading and handling, the following tolerances are specified:

(1) At Shipping Point: Not more than a total of ten percent, by count, of the prunes in any container may not meet the requirements of this grade for defects other than color and size, but not more than five percent by count, may be allowed for defects causing serious damage and not more than one percent may be allowed for decay. In addition, not more than ten percent, by count, in any container may not meet the color requirements and not more than ten percent, by count, may not meet the size specifications, but the combined tolerance for all defects shall not exceed 15 percent.

(2) At Destination or Enroute: Not more than a total of 18 percent of the prunes in any container may not meet the requirements of this grade and not more than the following percentages shall be allowed for the defects listed:

(a) Twelve percent for permanent defects including therein not more than ten percent which fail to meet the color requirement, ten percent which fail to meet the minimum diameter requirement, and ten percent which fail to meet the requirements of the grade because of other permanent defects;

(b) Six percent for defects causing serious damage, including therein not more than four percent for serious damage by permanent defects and not more than two percent for decay.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 797(4-65), f. 6-7-65, ef. 7-1-65; AD 976(9-72), f. 8-24-72, ef. 9-15-72; AD 20-1977, ef. 10-5-77

603-051-0617

Application of Tolerances

The contents of individual containers in the lot, based on sample inspection, are subject to the following limitations, provided the averages for the entire lot are within the tolerances specified:

(1) When a tolerance is ten percent or more, individual containers in any lot shall have not more than 1-1/2 times the tolerance specified, except that at least one defective and one undersized fruit may be permitted in a container.

(2) When a tolerance is less than ten percent, individual containers in any lot shall have not more than double the tolerance specified, except that at least one defective and one undersized fruit may be permitted in a container.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 797(4-65), f. 6-7-65, ef. 7-1-65; AD 976(9-72), f. 8-24-72, ef. 9-15-72

603-051-0618

Standard Pack

(1) The prunes shall be of fairly uniform size and tightly packed according to the approved and recognized methods. The fruits in the top layer shall not be noticeably superior in quality or size to those in the remainder of the package.

(2) The size of prunes packed in 4-basket crates shall be indicated as follows: 4 x 4, 4 x 5, 5 x 5, etc., in accordance with the arrangement in the top layer of the basket. These packs shall not be more than three layers deep. Arrangements such as 4-3 x 5 and 5-4 x 5 shall not be considered standard packs.

(3) The arrangement of the bottom layer shall be one row less one way, and may be one row less each way than the arrangement of the top layer. The arrangement of the middle layer may be the same as the top layer, or may be one row less one way than the arrangement of the top layer. Straight, offset, and diagonal packs in the layers are permitted. For example: A pack with 5 x 5 in the top layer may have 5 x 5 in the middle layer, and shall have 4 x 5 or 4-3 x 5 in the bottom layer; or it may have 4 x 5 or 4-3 x 5 in the middle layer, and shall have 4 x 5, 4-3 x 5, or 4 x 4 in the bottom layer.

(4) In layer-packed California peach or lug boxes, the count in the entire container shall be marked on the package.

(5) In double-faced and filled special lugs the number of rows, lengthwise of the lugs, shall be marked on the package to indicate size, as "nine row".

(6) In order to allow for variations incident to proper packing, not more than ten percent, by count, of the containers in any lot may fail to meet the requirements of the standard pack.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 797(4-65), f. 6-7-65, ef. 7-1-65; AD 976(9-72), f. 8-24-72, ef. 9-15-72

603-051-0619

Definitions of Terms

As used in these standards:

(1) "Well-Formed" means that the fruit has the shape characteristic of the variety. Doubles shall not be considered well-formed.

(2) "Mature" means that the fruit has reached the stage of maturity which will insure a proper completion of the ripening process.

(3) "Sunscald" means injury caused by the sun in which softening or collapse of the flesh is apparent.

(4) "Damage" means any injury or defect which materially affects the appearance, or edible or shipping quality of the fruit. Internal growth cracks, cavities, or gum spots are not considered damage. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(a) Broken skins which are unhealed;except those caused by pull stems where the skin is not torn beyond the stem basin. (Healed skin breaks shall be handled as scars.);

(b) Heat injury which is extensive or not light in color;

(c) External growth cracks, when there are more than one on a fruit, or when any growth crack is deep, not well healed, or more than 1/4 inch in length;

(d) Sunburn which has materially changed the normal color of the fruit, or has caused the skin to blister or crack;

(e) Split pit which causes a readily apparent crack at the stem end, or which affects the shape to the extent that the fruit is not well-formed;

(f) Hail marks, or other similar depressions or scars, which are not shallow or superficial, or which aggregate more than 3/8 inch in diameter, or when the skin has been broken;

(g) Drought spots or external gum spots which are more than 1/4 of an inch in diameter;

(h) Russeting which is not excessively rough, when aggregating more than ten percent of the fruit surface; or excessively rough russeting when aggregating more than 1/4 inch in diameter;

(i) Scars. Dark, rough depressed scars which aggregate more than 1/4 inch in diameter:

(A) Fairly smooth, superficial scars, including fairly light discoloration such as is caused by handling or packing or by prunes rubbing against each other while on the tree, which aggregate more than 1/2 inch in diameter;

(B) Thorn and limb scratches which are not well healed, or which aggregate more than 1/2 inch in length.

(5) "Well Colored" as applied to Italian type prunes, means that 95 percent of the surface of the prune is purple color, excepting that portion which is permitted to be affected by russeting.

(6) "Fairly Well Colored" as applied to Italian type prunes, means that at least 3/4 of the surface of the prune is purple color.

(7) "Diameter" means the greatest distance measured through the center of the fruit, at right angles to a line running from the stem to the blossom end.

(8) "Badly Misshapen" means that the fruit is so malformed or rough that its appearance is seriously damaged. Doubles shall be considered badly misshapen, except that doubles of Italian type prunes which have approximately equal sized halves shall not be considered badly misshapen.

(9) "Serious Damage" means any injury or defect which seriously affects the appearance, edible, or shipping quality of the fruit. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as serious damage:

(a) Broken skins which are unhealed and more than 1/8 inch in diameter or depth, except those caused by pulled stems where the skin is not torn beyond the stem basin. (Healed skin breaks shall be handled as scars.);

(b) Heat injury which causes any softening or dark discoloration of the flesh. Heat injury may cause internal or external discoloration, and may or may not be serious. It should not be confused with sunscald which causes softening or collapse of the tissue, and which is always classed as serious damage;

(c) External growth cracks which are not well healed, or which are more than 3/16 inch in depth, or more than 1/2 inch in length;

(d) Sunburn which causes decided flattening of the fruit, or causes blistering, cracking, or noticeable brownish discoloration of the skin;

(e) Split pit which causes a crack at the stem end more than 3/16 inch in length, including any part which may be covered by the stem; or which affects the shape to the extent that the fruit is badly misshapen;

(f) Hail marks which are more than 3/16 inch in depth, or which aggregate more than 1/2 inch in diameter;

(g) Drought spots or external gum spots which aggregate more than 1/2 inch in diameter;

(h) Russeting which is not excessively rough, when aggregating more than 1/3 of the fruit surface; or excessively rough russeting when aggregating more than 1/2 inch in diameter.

(i) Scars which are very dark or excessively rough and aggregate more than 1/2 inch in diameter; or which are more than 3/16 inch in depth.

(10) "Fairly Uniform Size" means that the fruits in each packed container shall not show a variation of more than 1/4 of an inch in diameter.

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 797(4-65), f. 6-7-65, ef. 7-1-65; AD 976(9-72), f. 8-24-72, ef. 9-15-72

Potatoes

603-051-0626

Official Standards

The United States Standards For Grades of Potatoes adopted by the United States Department of Agriculture effective September 1, 1971, are hereby adopted as the official standards for the State of Oregon. A copy of the standards is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 941(9-71), f. 8-19-71, ef. 9-1-71

Raspberries

603-051-0665

Official Standards

The United States Standards For Raspberries adopted by the United States Department of Agriculture effective May 29, 1931, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for raspberries. A copy of the federal standards is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 754, f. 7-2-63

Spinach Plants

603-051-0680

Official Standards

The United States Standards For Spinach Plants adopted by the United States Department of Agriculture effective November 19, 1956, and in effect on January 1, 1963, are hereby adopted as the standards for the State of Oregon for spinach plants. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2880 to 51.2890, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 755, f. 7-2-63

Squash (Fall and Winter Type)

603-051-0695

Official Standards

The United States Standards For Fall and Winter Type Squash adopted by the United States Department of Agriculture effective November 15, 1944, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for fall and winter type squash. A copy of such federal standards is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 756, f. 7-2-63

Strawberries

603-051-0710

Official Standards

The United States Standards For Strawberries adopted by the United States Department of Agriculture effective as of the date of this regulation and including U.S.D.A. amendment effective July 1, 1965, hereby are adopted as the standards of the State of Oregon for strawberries. A copy of such federal standards is attached herewith, identified as Exhibit "C", and by this reference made a part hereof.

[ED. NOTE: The Exhibit(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 757, f. 7-2-63; AD 880(11-68), f. & ef. 6-11-68

Fresh Tomatoes

603-051-0725

Official Standards; Fresh Tomatoes

The United States Standards For Grades of Fresh Tomatoes adopted by the United States Department of Agriculture effective December 1, 1973, as amended February 1, 1975, and April 15, 1976, are hereby adopted as the standards for fresh tomatoes in the State of Oregon.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 758, f. 7-2-63; AD 1103(24-76), f. & ef. 8-25-76

Walnuts (In Shell)

603-051-0740

Official Standards

The following standards hereby are adopted as the standards of the State of Oregon for walnuts in shell:

(1) The United States Standards For Grades of Walnuts (juglans regia) in the Shell, adopted by the United States Department of Agriculture in effect on July 1, 1969. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2945 to 51.2966, a copy of which is filed herewith and by this reference made a part hereof.

(2) Oregon No. 1. This grade consists of walnuts in shell which meet all the requirements of U.S. No. 1 grade (7 CFR 51.2945).

(3) Oregon No. 2. This grade consists of walnuts in shell which meet all the requirements of U.S. No. 2 grade (7 CFR 51.2949).

(4) Oregon No. 3. This grade consists of walnuts in shell which meet all the requirements of U.S. No. 3 grade (7 CFR 51.2950).

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 759, f. 7-2-63; AD 903(9-69), f. 8-11-69, ef. 8-15-69

Walnuts (Shelled)

603-051-0755

Official Standards

The United States Standards For Shelled Walnuts (juglans regia) adopted by the United States Department of Agriculture in effect on July 1, 1969, hereby are adopted as the standards of the State of Oregon for shelled walnuts. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.2275 to 51.2296, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 760, f. 7-2-63; AD 903(9-69), f. 8-11-69, ef. 8-15-69

Watermelons

603-051-0770

Official Standards

The United States Standards For Watermelons adopted by the United States Department of Agriculture effective March 22, 1954, and in effect on January 1, 1963, hereby are adopted as the standards of the State of Oregon for watermelons. Such federal standards are contained in Title 7, Chapter 1, Part 51 of the Code of Federal Regulations in Sections 51.1970 to 51.1981, a copy of which is filed herewith and by this reference made a part hereof.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.900 - ORS 632.980
Stats. Implemented: ORS 632.900 - ORS 632.980
Hist.: AD 761, f. 7-2-63

Olive Oil

603-051-0775

Definitions

(1) “Federal Act” means the United States Standards for Grades of Olive Oil and Olive Pomace-Oil adopted by the Agricultural Marketing Service, United States Department of Agriculture effective October 25, 2010.

(2) “Imitation olive oil” means the mixture of any edible oil artificially colored or flavored that resembles olive oil.

(3) “Olive oil” used in this section includes the description of the food item and a type of the food item. When referring to the type of olive oil, a capital letter “T” in parentheses will follow the term “olive oil”; eg: olive oil (T).

(4) “Olive pomace” means the product remaining after the initial mechanical extraction of olive oil from olive tree fruits.

Stat Auth.: ORS 561.190, 616.230 & 616.761
Stat. Implemented: ORS 616.761
Hist.: DOA 3-2012, f. & cert. ef. 2-1-12

603-051-0777

Standards of Identity

(1) The standard of identity for olive oil products are:

(a) “Olive oil” is the oil obtained solely from the fruit of the olive tree (Olea europaea L.), to the exclusion of oils obtained using solvents or re-esterification processes and of any mixture with oils of other kinds and will meet the minimum requirements of Table I in the federal Act.

(A) Types of olive oil are:

(i) Olive oil (T);

(ii) Refined Olive Oil.

(b) “Virgin olive oils” are the oils obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions, including thermal conditions, that do not lead to alterations in the oil, and which have not undergone any treatment other than washing, decantation, centrifugation, and filtration and will meet the minimum requirements of Table I in the federal Act. No additives of any kind are permitted.

(A) Types of virgin olive oil are:

(i) Extra virgin olive oil;

(ii) Virgin olive oil;

(iii) Lampante virgin olive oil. Lampante virgin olive oil may also be called “Virgin olive oil not fit for human consumption without further processing”.

(c) “Olive-pomace oil” is the oil obtained by treating olive pomace with solvents or other physical treatments, to the exclusion of oils obtained by synthetic processes and mixture with oils of other kinds and will meet the minimum requirements of Table I in the federal Act. Alpha-tocopherol is permitted to restore natural tocopherol lost in the refining process for refined olive pomace and olive-pomace oil. Maximum level: 200 mg/kg of total alpha-tocopherol is permitted in the final product.

(A) Types of olive-pomace oil are:

(i) Olive-pomace oil;

(ii) Refined olive-pomace oil;

(iii) Crude olive-pomace oil.

(2) For purposes of this section, “ordinary virgin oil” in ORS 616.761 has the same meaning as “lampante virgin olive oil” as defined in the federal Act.

(3) A person may not prepare, mix, blend, or express olive pomace or meats with any bland fixed oil other than olive oil.

(4) A person may not use artificial coloring or flavoring in the manufacture or blending of olive oil or olive-pomace oil.

(5) “Flavored olive oil” is olive oil meeting the standard of identity in section (1) and grade defined in the federal Act that has been mixed with a flavoring or olives that are processed into oil with any fruit, vegetable, nut, seed, or spice and the product resulting from either process contains not less than 90 percent olive oil meeting the standard of identity in section (1) and grade defined the federal Act.

Stat Auth.: ORS 561.190, 616.230 & 616.761
Stat. Implemented: ORS 616.761
Hist.: DOA 3-2012, f. & cert. ef. 2-1-12

603-051-0779

Grades of Olive Oil; Adoption of Federal Regulations

The United States Standards for Grades of Olive Oil and Olive Pomace-Oil adopted by the Agricultural Marketing Service, United States Department of Agriculture effective October 25, 2010 are hereby adopted as the standards for the State of Oregon for olive oil and olive pomace-oil grades. A copy of such federal standards is filed herewith and by this reference made a part hereof.

Stat Auth.: ORS 561.190, 616.230 & 616.761
Stat. Implemented: ORS 616.761
Hist.: DOA 3-2012, f. & cert. ef. 2-1-12

603-051-0780

Labeling Requirements

(1) Only olive oil meeting the standards of identity in OAR 603-051-0777(1)(a)-(b) and grade in the federal Act will be labeled as “olive oil”.

(2) Olive oil meeting the standard of identity in OAR 603-051-0777(1) and grade in the federal Act will be labeled with the corresponding U.S. grade and the label will comply with the requirements of ORS 616.205 to 616.385.

(3) The following types of olive oil and olive pomace-oil will be labeled “not for human consumption”:

(a) Lampante virgin olive oil;

(b) Crude olive-pomace oil

(4) Mixtures or blends of olive oil and other oils may not be labeled as “olive oil”.

(5) Olive-pomace oils may not be labeled as “olive oil”.

(6) Flavored olive oil will not be labeled as “extra virgin olive oil”, will be distinguished from “olive oil” on the principal display panel, and will be labeled for sale as an olive oil that has been flavored in accordance with the provisions of the 2010 version of Title 21, Chapter 1, Part 101 of the Code of Federal Regulations.

Stat Auth.: ORS 561.190, 616.230 & 616.761
Stat. Implemented: ORS 616.761
Hist.: DOA 3-2012, f. & cert. ef. 2-1-12

603-051-0785

Prohibition of Imitation Olive Oil

A person may not manufacture, produce, process, pack, expose, sell, offer for sale, possess, dispense, supply, or give away imitation olive oil.

Stat Auth.: ORS 561.190, 616.230 & 616.761
Stat. Implemented: ORS 616.761
Hist.: DOA 3-2012, f. & cert. ef. 2-1-12

Oregon Standards for Rose Stock

603-051-0801

General Provisions

Rose stock when graded by size shall have a well-developed root system and the canes or top-growth shall have proportionate weight and caliper according to grade-size and variety. The number and length of the canes or top-growth specified for each grade-size shall refer to the number and length before such canes or top-growth are cut back or pruned in preparation for sale. Rose stock which has been cut back or pruned may be compared with other stock of the same class which has not been cut back or pruned, to determine compliance with the grade-size established herein. Whenever a grade-size designation is used or implied in labeling or in an advertisement referring to kind of rose stock for which grade-sizes have been established in these regulations, the rose stock so labeled or advertised shall conform to the specifications of the particular grade-size as stated herein.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 707, f. & ef. 9-5-62

603-051-0802

Grades and Standards for Rose Stock

The grade-sizes hereby established for each classification of rose bushes are minimum sizes and not more than five percent of the roses in any lot shall be below the size specified:

(1) Tea, Hybrid Tea, Grandiflora, Rugosa Hybrids, Hybrid Perpetuals, and Moss Roses:

(a) No. 1 rose bushes shall have three or more strong canes, 16 inches and up, branched not higher than three inches above the bud union;

(b) No. 1-1/2 rose bushes shall have two or more strong canes, 15 inches and up, branched not higher than three inches above the bud union;

(c) No. 2 rose bushes shall have two or more strong canes, 12 inches and up, branched not higher than three inches above the bud union;

(d) No. 3 rose bushes shall be of good salable and plantable quality.

(2) Floribunda Roses:

(a) No. 1 rose bushes shall have three or more strong canes, 15 inches and up, branched not higher than three inches above the bud union;

(b) No. 1-1/2 rose bushes shall have two or more strong canes, 14 inches and up, branched not higher than three inches above the bud union;

(c) No. 2 rose bushes shall be of good salable and plantable quality.

(3) Polyantha and Low Growing Floribunda Roses:

(a) No. 1 rose bushes shall have four or more canes, ten inches and up, branched not higher than three inches above the bud union;

(b) No. 1-1/2 rose bushes shall have three or more canes, eight inches and up, branched not higher than three inches above the bud union;

(c) No. 2 rose bushes shall be of good salable and plantable quality.

(4) Climbing Roses:

(a) No. 1 rose bushes shall have three or more strong canes, 24 inches and up, branched not higher than three inches above the bud union or crown;

(b) No. 1-1/2 rose bushes shall have two strong canes, 18 inches and up, branched not higher than three inches above the bud union or crown;

(c) No. 2 rose bushes shall be of good salable and plantable quality.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 707, f. & ef. 9-5-62

603-051-0803

References

The book, "Modern Roses", most recent edition, and the "American Rose Annual", published by the American Rose Society, may be used as references to determine the classification of a variety.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 707, f. & ef. 9-5-62

Oregon Standards for Strawberry Plants

603-051-0810

Definition of Terms

As used in OAR 603-051-0812 through 603-051-0818:

(1) "Similar Varietal Characteristics" means that the plants have the same general character of growth.

(2) "Fresh" means that the roots and crown are not excessively wilted or otherwise damaged.

(3) "Firm" means that the crowns are not soft or spongy, although they may yield to slight pressure.

(4) "Moist" means that the plants are reasonable turgid and not dried to a degree that would affect normal growth.

(5) "Fairly Clean" means that the roots must not be matted or caked with dirt.

(6) "Well Trimmed" means that the runners and petioles shall be well trimmed when the length of each does not exceed four inches. The presence of ragged and expanded leaves shall not be permitted.

(7) "Free from Damage Caused by Sunburn" means that the roots shall not be damaged by sunburn or scald, but slight discoloration will be permitted.

(8) "Free from Damage Caused by Mold" means that the plants must be free from visible mold or decay.

(9) "Free from Damage Caused by Black Roots" means that the roots must be of a normal color and only moderately affected by discolored roots which affect the normal growth of the plant. Black roots caused by disease shall not be permitted.

(10) "Free from Damage Caused by Broken or Split Crowns, or Mechanical Injury" means the breaking or severance of the crown from the root section or splitting of the crown or other mechanical injury that would affect the normal growth of the plant.

(11) "Free from Detectable Dangerous Insect Pests or Disease" means that no tolerance will be permitted for dangerous insects such as cyclamen mite, crown borer, or other destructive insects or detectable disease that affect the strawberry plant.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660.
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 450, ef. 12-12-52; AD 609, f. & ef. 3-6-59; AD 697, f. 3-1-62

603-051-0812

Grades

(1) Oregon No. 1. Oregon No. 1 shall consist of strawberry plants of one variety or of plants of similar varietal characteristics which are fresh, firm, moist, fairly clean, well-trimmed runners and petioles, free from damage caused by sunburn, mold, black roots, broken or split crowns, or mechanical injury, and free from detectable dangerous pests or disease. The length of the main roots shall be not less than 2-3/4 inches, having not less than 12 main roots.

(2) Oregon No. 2. Oregon No. 2 shall meet all the requirements of Oregon No. 1 strawberry plants, except the length of the main roots shall be not less than 2-1/2 inches and each plant shall have eight or more main roots.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 450, ef. 12-12-52; AD 608, f. & ef. 2-26-59; AD 697, f. 3-1-62

603-051-0814

Application of Tolerances

(1) The tolerances for the standards are on a container basis. However, individual packages in any lot may vary from the specified tolerances as stated below, provided the average for the entire lot, based on sample inspection, are within the tolerances specified.

(2) For a tolerance of ten percent or more, individual packages in any lot may contain not more than 1-1/2 times the tolerance specified.

(3) For a tolerance of less than ten percent, individual packages in any lot may contain not more than double the tolerance specified.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 450, ef. 12-12-53; AD 697, f. 3-1-62

603-051-0816

Tolerances

(1) In order to allow for variations, other than size and length of petioles and runners, incident to proper grading and packing, not more than a combined total of five percent by count of the plants in any lot may fail to meet the requirements of the above grade; but not more than 1/5 or one percent of this tolerance shall be allowed for plants affected by mold. No tolerance shall be permitted for detectable dangerous pests or disease.

(2) Size. In order to allow for variations incident to proper grading and packing, not more than a ten percent total tolerance by count in any lot will be allowed for a combination of the following maximum limits of each factor not to exceed:

(a) Required length of roots, five percent;

(b) Number of roots, ten percent; and

(c) Split or broken crowns or mechanical injury, two percent.

(3) Petioles and Runners. A 20 percent tolerance will be permitted for petioles and runners in excess of four inches and not more than six inches in length; provided, that not more than 1/4 or five percent of this tolerance may be plants having petioles or runners among the roots, but not exceeding the length of the roots.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 450, ef. 12-12-52; AD 608, f. 2-26-59; AD 697, f. 3-1-62

603-051-0818

Packing and Marking

(1) Oregon No. 1 strawberry plants are to be packed in new or clean crates, with not more than 1,000 plants in a single package and in such manner that they will retain a fresh condition.

(2) Oregon No. 2 strawberry plants are to be packed in new or clean crates, with not more than 2,000 plants in a single package and in such manner that they will retain a fresh condition.

(3) All containers of Oregon No. 1 and 2 strawberry plants shall have the name of the variety and number of plants, the grade of the plants, and the name and address of the grower plainly marked on the outside of the container.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 450, ef. 12-12-52; AD 697, f. 3-1-62

Certification of Strawberry Nursery Stock

603-051-0819

Declaration of Policy

(1) Certification of Strawberry Nursery Stock is a function of state government, the responsibilities of which will be conducted as a cooperative effort between the Department and the school in keeping with the provisions of ORS 633.620 through 633.660 and statutes related thereto. The Department shall be responsible for certification as to the freedom of plants from insects, pests, and diseases while the school shall be responsible for certification as to varietal (cultivar) purity at all propagation levels.

(2) The acceptability of cultivars into the certification program will be based on described plant characteristics, such as quality features, pest or disease resistance. Eligibility of cultivars shall be at the discretion of the Dean of the school.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 965(3-72), f. 2-24-72, ef. 3-25-72; Renumbered from 603-051-0829.01

603-051-0821

Definitions

As used in these rules, unless the context requires otherwise:

(1) "Applicant" means any person growing strawberry plants for sale in Oregon as certified stock.

(2) "Certification" means the issuance of a certificate verifying that the provisions of OAR 603-051-0823 have been met as to any particular quantity or lot of strawberry plants.

(3) "Certifying Agencies" means the school and the Department.

(4) "Certified Block" means a planting of strawberry plants for the production of Certified class of stock.

(5) "Certified Stock" means a class of strawberry plants that are first-year (Certified-1) or second-year propagation (Certified-2) from Registered stock.

(6) "Class" means a group of strawberry plants ranked together as possessing common characteristics or as having the same status.

(7) "Department" means the State Department of Agriculture.

(8) "Foundation Block" means a planting of strawberry plants for the production of Foundation class of stock.

(9) "Foundation Stock" means a class of strawberry plants that are first-year propagation from nuclear stock plants that have been approved on the basis of annual indexing.

(10) "Registered Block" means a planting of strawberry plants for the production of a Registered class of stock.

(11) "Index" means to test for systemic disease infection by making a graft with tissue from the plant to be tested to an indicator plant or by other means of inoculation.

(12) "Nuclear Stock" means strawberry plants of cultivars or clones approved by the Dean of the school which were originally indexed and their progeny, which have been regularly reindexed and continuously protected from systemic infection by Federal or State or Oregon agencies or plants from other states meeting standards established by the Dean of the school.

(13) "Off-Type" means any volunteer strawberry plant or any strawberry plant different from the variety as stated on the application for certification.

(14) "Oregon Certified Strawberry Nursery Stock" means progeny plants propagated from Foundation, Registered, or Certified stock, and certified in accordance with these regulations.

(15) "Registered Stock" means a class of strawberry plants that are first-year propagation from Foundation stock.

(16) "Systemically-Infected" means infected by a serious systemic pathogen or manifesting symptoms or behavior characteristic of a serious systemic disease.

(17) "School" means the School of Agriculture, Oregon State University.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 965(3-72), f. 2-24-72, ef. 3-25-72; Renumbered from 603-051-0829.02

603-051-0823

Requirements and Conditions for Certification

Certification by the Department shall not imply or be construed as any warranty of the Department, the school, or its employees as to the condition of strawberry nursery stock. The following requirements and conditions shall be met in order to qualify for consideration of certification of strawberry nursery stock:

(1) The applicant for such certification under these regulations shall be responsible for the selection of the location and the proper maintenance of a planting being grown. The applicant shall also be responsible for maintaining the identity of all of said nursery stock. The Department or school shall be notified by the applicant in advance of the planting, replanting, or removal of strawberry nursery stock in order that necessary inspections may be made or approval granted prior to the performance thereof.

(2) Each planting shall be located in an area in which viruses or other systemic pathogens affecting strawberries are not prevalent and in which there is adequate isolation from planting for strawberry fruit production. Plantings located in the Willamette Valley shall be considered adequately isolated only if such are grown in an insect-proof screenhouse. A planting shall not be located on land where the strawberry red stele disease has occurred. Each of said planting areas shall be inspected and approved by the Department prior to planting.

(3) Registered stock fields shall be separated from certified stockfields by not less than 500 feet and by at least one mile from all other commercial uncertified strawberries.

(4) Each planting shall be kept in a thrifty growing condition and pests shall be kept under intensive control. Preplant treatment of nematocides may be required; insecticides effective against aphids shall be applied during the growing season.

(5) For purposes of determining eligibility of strawberry nursery stock for certification in accordance with OAR 603-051-0819 of these regulations, the following shall apply:

(a) To be acceptable in a planting in a foundation block a plant shall be:

(A) Nuclear stock; or

(B) Foundation stock which is a progeny of a plant from a foundation block that was tested by indexing the previous season; or

(C) Such other plants as are determined to have an equivalent known history.

(b) To be acceptable for planting in an increase block, a plant shall be first-year propagation from foundation stock produced in a foundation block;

(c) To be acceptable for planting in a certified block, a plant shall be first-year propagation from registered stock produced in an increase block or first-year propagation from foundation stock produced in a foundation block, or propagation from a first-year certified field.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 965(3-72), f. 2-24-72, ef. 3-25-72; Renumbered from 603-051-0829.03

603-051-0825

Procedures for Certification

(1) In accordance with OAR 603-051-0819 of these regulations, certification and the supervision of activities relating thereto shall be in the respective agencies. Inspections and testing procedures prescribed in these regulations may be made by the school, the United States Department of Agriculture, or the Department, and shall be conducted at such times and in such manner as is acceptable to the certifying agencies. The Department, at the request of the school, may enforce certification standards established by the school.

(2) At least two inspections shall be made of each planting prior to harvest and, in addition, plants shall be inspected for pests and diseases at digging time.

(3) Plants propagated from foundation stock are eligible for tagging as registered stock for one year only.

(4) Plants propagated from foundation stock are eligible for tagging as certified stock for two years only.

(5) Tags evidencing certification for varietal purity shall be issued by the Dean of the school, and tags certifying freedom from pests and disease shall be issued by the Department, unless the two agencies agree to the use of a joint tag.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 965(3-72), f. 2-24-72, ef. 3-25-72; Renumbered from 603-51-829.04

603-051-0827

Application for Certification and Fees

(1) An application for certification shall be made on a form prescribed by the certifying agencies and shall be submitted sufficiently in advance of the time of planting so as to permit establishment of the origin of the planting stock, the determination of the suitability of location, and supervision of any treatment that may be required. The application shall include the consent of the applicant for the removal of plants from any planting for inspection or testing purposes.

(2) Fees charged by the certifying agencies for certification are payable at the time of application and are for the sole purpose of defraying expenses incurred by the Department or school in the inspection, approval, or certification procedures provided for in these regulations, and payment thereof shall not be construed as granting any right or privilege to the applicant.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 965(3-72), f. 2-24-72, ef. 3-25-72; Renumbered from 603-051-0829.05

603-051-0829

Refusal or Cancellation of Certification

Certification may be refused or cancelled in accordance with the following:

(1) Failure to meet or maintain the requirements of these regulations.

(2) Any planting in which off-type plants are found to exceed 0.2 percent may be refused certification unless said planting has been established in a manner that would permit all off-type plants to be safely removed.

(3) Any planting found to be infected with a serious systemic pathogen or suspected of such infection may be required to be rogued or may be refused for further propagation. Any planting in which a plant is found to be infected with such systemic pathogens may be refused certification except when the total of such infected plants in a certified block does not exceed 0.5 percent.

(4) Failure to meet the pest cleanliness requirements for Oregon nursery stock.

(5) Any planting found to be infested with cyclamen mites or infected with:

(a) Stem and bulb nematodes; or

(b) Foliar nematodes; or

(c) Red Stele fungus.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 965(3-72), f. 2-24-72, ef. 3-25-72; Renumbered from 603-051-0829.06

Registration and Certification of Grape Nursery Stock

603-051-0830

Definitions

As used in these sections, unless the context requires otherwise:

(1) "Virus-Infected" means infected by a serious virus or manifesting symptoms or behavior characteristic of a serious virus disease. "Serious virus disease" includes corky bark, fan leaf and leaf roll virus diseases, and any other diseases so designated by the Department.

(2) "Index" means to test for virus infection by making a graft with tissue from the plant to be tested to an indicator plant or by other means of inoculation or other generally accepted laboratory methods approved by the Department.

(3) "Off-Type" means different from the variety as stated on the application for registration or certification. A vine or a cane shall be considered off-type when affected by a disorder of genetic origin or it is found to be atypical of the variety.

(4) "Progeny Vine" means a vine propagated from a parent rootstock and/or a parent top-stock source which has been indexed and is intended for planting in a foundation block.

(5) "Registered" means that a registration number has been assigned by the Department to a grapevine in a foundation block or to an entire increase block following the inspection and testing required in these regulations.

(6) "Foundation Block" means a planting of grapevines in which each vine has been registered to serve as a source of foundation stock.

(7) "Foundation Stock" means plants which have been produced in a foundation block.

(8) "Increase Block" means a planting of grapevines made with registered or foundation stock which has been registered as a block to serve as a source for the production of Oregon Certified Grape Nursery Stock.

(9) "Elite stock" means plants which have been produced in a Level One increase block in accordance with 603-051-0835(4)(d).

(10) "Registered Stock" means plants which have been produced in an increase block in accordance with 603-051-0835(4)(e).

(11) "Oregon Certified Grape Nursery Stock" means vines, rootings, cuttings, grafts, or buds taken or propagated from foundation or registered stock and certified in accordance with these regulations.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 917(3-70), f. 4-20-70, ef. 5-15-70; DOA 17-1999, f. & cert. ef. 8-16-99

603-051-0835

Requirements and Conditions for Registration or Certification

Registration or certification by the Department shall not imply or be construed as any warranty of the Department or its employees. In addition to other requirements which may be specified by the Department, the following requirements and conditions shall be met in order to qualify for consideration of registration or certification of grape nursery stock:

(1) The applicant for such registration or certification shall be responsible for the selection of the location and the proper maintenance of a planting being grown under the provisions of these sections. Said applicant shall be responsible for maintaining the identity of all such nursery stock in a manner approved by the Department. The Department shall be notified by the applicant in advance of the planting, replanting, grafting, budding, rebudding, pruning, or removal of grape nursery stock, or the removal of vines in any planting to be submitted for registration or certification, in order that necessary inspections may be made or approval granted prior to the performance thereof.

(2) Each planting shall be located in an area where contamination by soil-borne virus diseases of grapes from drainage, flooding, irrigation, or other means has not occurred, or is not likely to occur. Each of said planting areas shall be inspected and approved by the Department prior to planting:

(a) No uncertified grape vines may be located within thirty feet of the increase block location;

(b) No uncertified grapes may be growing upslope from the increase block location;

(c) Only grape nursery stock originating from Foundation Blocks approved by the Department may be planted in a certified grape increase block. A grower may produce cuttings from foundation stock grape plants for the purpose of completing the increase block planting, for example: a grower who receives five certified Pinot Noir vines from an approved foundation block may make forty five cuttings to complete a fifty vine planting of that Pinot Noir clone in the increase block;

(d) Only cuttings from grapevines planted in the increase block are eligible for certification tags provided by the Department;

(e) The grower must provide the Department with photocopies of the tags or other documents that accompany grape stock received from foundation sources, such copies shall be kept indefinitely in the Department certification file for the grower;

(f) The grower must prepare, and provide to the Department a map which locates each certified grapevine in the increase block. The map shall be kept in the Department certification file for the grower. Each grape vine in the increase block shall be marked to show variety, clone number and foundation source;

(g) When new certified grapevines are planted in the increase block, copies of certification tags must be sent to the Department along with a revised planting map that indicates the locations of the new vines;

(h) The grower of the increase block shall be licensed with the Department as a nursery stock grower;

(i) No increase block that looses its certification status may be reinstated into the certification program, not withstanding any change in ownership.

(3) Each planting shall be kept in a thrifty growing condition, and pests shall be kept under intensive control. Suitable precautions shall be taken in cultivation, irrigation, movement, use of equipment, and in other farming practices so as to safeguard against the spread of soil-borne pests to plantings. Any plant found to be off-type shall be removed from any planting. Off-type canes may be permitted to be removed in a manner approved by the Department. Grape nursery stock, including cuttings, shall be produced, stored, heeled-in, or calloused in media, beds, or storage areas approved by the Department. The Department may require such treatments, including fumigation, as shall protect against infection of or infestation with pests.

(4) For purposes of determining eligibility of said grape nursery stock for registration or certification, the following shall apply:

(a) To be acceptable in a planting in a foundation block, a plant shall be foundation stock, or its rootstock and topstock sources and the plant itself shall have been inspected and tested and not found to be virus-infected or off-type, and the index readings shall have been completed within the previous eight months, or the plant shall have an equivalent known history approved by the Department. Such plant shall have been protected from possible virus infection in a manner approved by the Department from the time it was originally propagated until it is planted in a foundation block;

(b) To be acceptable for planting in an increase block, the plant shall be foundation stock or propagated from foundation stock. Propagating wood from an increase block may be planted in the same increase block to increase its size or to replace plants subject to the approval of the Department;

(c) To be acceptable for planting or propagation in a nursery planting, a plant shall be foundation stock or an increase block for the purpose of certification;

(d) An increase block that is inspected as required by the Department and has no detectable virus infections of any kind shall be designated as "Level One" and stock from such increase blocks shall be called "Elite" stock;

(e) An increase block that is free of serious virus diseases shall be designated as "Level Two" and stock from such increase blocks shall be called "Registered" stock. No increase block may be newly established as a Level Two increase block and no material may initially enter the certification program except as Elite stock, defined in 603-051-0835(4)(d).

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 917(3-70), f. 4-20-70, ef. 5-15-70; DOA 17-1999, f. & cert. ef. 8-16-99

603-051-0840

Authority and Procedures for Registration or Certification

Registration, certification, approvals, and the supervision of activities specified herein shall reside in the Department. Inspection and testing procedures prescribed in these regulations may be made by Oregon State University, the United States Department of Agriculture, or the Department, and shall be conducted in a manner and at times determined to be suitable by the Department. In the indexing procedures required in these regulations, the substitution of other indicator plants may be approved by the Department if found equally suitable. Indexing on a fewer number of indicator plants may also be approved by the Department if the plant being tested is, itself, a good indicator for a particular disease. The following inspection and testing procedures shall control as applicable:

(1) Progeny Vines:

(a) The parent rootstock and topstock sources of a progeny vine for which registration or certification shall be requested, shall be index-tested on St. George, LN-33, Baca 22 A, and Carignane varieties of grapevines. Chenopodium spp. may be used in lieu of Carignane grapevine;

(b) Propagating wood to produce the progeny vines for a foundation block shall be taken from the parent rootstock and topstock sources in the same growing season that tissue is taken from the parent sources for indexing. The progeny vines shall be visually inspected at least twice each growing season prior to planting in a foundation block.

(2) In a Foundation Block: Plantings in a foundation block, or the vines thereof, shall be visually inspected at least twice each growing season.

(3) In an Increase Block: Plantings in an increase block, or the vines thereof, shall be visually inspected at least twice each year prior to the removal of fruit, if any, from the vines.

(4) In a Nursery Planting: Plantings in a nursery, or the vines thereof, shall be visually inspected at least twice each growing season and, in addition thereto, shall be inspected at the time of digging. In order to be eligible for certification or approval as registered stock, said nursery stock shall not remain in the nursery row for more than two growing seasons.

(5) In addition to the requirements of sections (1) to (5) of this rule additional inspections or tests may be required in the event seasonal conditions or other factors tend to obscure virus symptoms or make adequate information impossible, or when virus infection is suspected or virus symptoms may be masked in a particular variety.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 917(3-70), f. 4-20-70, ef. 5-15-70; DOA 17-1999, f. & cert. ef. 8-16-99

Registration or Certification Fees and Special Services Fees

603-051-0845

Application and Fees for Registration or Certification

(1) An application for registration or certification of grape nursery stock shall be made on a form prescribed by the Department and shall be accompanied by a fee of $50, which shall be valid for one year from acceptance by the Department. The application shall include the consent of the applicant for the removal of plants from any planting for inspection or testing purposes. Applications for annual reregistration shall be in accordance with this section and accompanied by the fee stated herein. Applications shall be made sufficiently in advance of the time of planting so as to permit the Department to establish the origin of the stock, to determine the suitability of the location, to inspect for virus infection, including Fan Leaf and Leaf Roll virus, and to supervise any treatment that may be required.

(2) Request for special or additional inspection or testing services of grape nursery stock and the charges therefore shall be in accordance with the provisions of OAR 603-054-0025.

(3) Fees and charges provided in this section are separate from and in addition to any such fees or charges required by ORS 571.057 or 571.145 and are intended to be used solely to defray the costs of inspections, testing, and certifications incurred by the Department.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 917(3-70), f. 4-20-70, ef. 5-15-70; AD 1029(19-74), f. 6-19-74, ef. 7-11-74; DOA 17-1999, f. & cert. ef. 8-16-99

603-051-0850

Refusal or Cancellation of Registration or Certification

Registration or certification may be refused or cancelled by the Department if:

(1) The requirements of these regulations have not been met.

(2) Any vine in the planting is found virus-infected with a soil-borne virus, unless in the opinion of the Department the remainder of the planting can be adequately protected by treatment or by removal and destruction of all vines in the infected area, or by other means.

(3) The plant is off-type.

(4) Any vine in the planting is found infected with a serious virus that is not known to be soil-borne unless such vine is removed under supervision of the Department.

(5) It is determined by the Department that a registered vine or registered increase block is virus-infected and the plants propagated from such source are also liable to be infected.

(6) The pest cleanliness requirements of the Oregon Nursery Laws have not been met.

Stat. Auth.: ORS 561.190 & ORS 633.620 - ORS 633.660
Stats. Implemented: ORS 633.620 - ORS 633.660
Hist.: AD 917(3-70), f. 4-20-70, ef. 5-15-70; DOA 17-1999, f. & cert. ef. 8-16-99

Rules for Virus Certification of Oregon Nursery Stock

603-051-0855

Declaration of Policy

Certification of nursery stock is a function of state government, the responsibilities of which shall be conducted by the Department in keeping with the provisions of ORS 633.620 to 633.660 and statutes related thereto. Participation by nurseries in the certification program shall be voluntary in nature. These regulations may be reviewed biennially by the Department and nurseries participating in the program.

Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561, 571 & 632
Hist.: AD 17-1977, f. & ef. 7-15-77; DOA 14-2004, f. & cert. ef. 6-1-04; DOA 5-2013, f. & cert. ef. 3-1-13

603-051-0856

Definitions

As used in OAR 603-051-0855 to 603-051-0859, unless the context requires otherwise:

(1) "Block" means a contiguous grouping of plants separated by at least 10-feet from other contiguous groupings of plants.

(2) "Clean cultivation" means the site is bare earth or is planted with a grass (Gramineae) or another crop approved in writing by the Department in which broad-leaved weeds are actively controlled.

(3) "Department" means the Oregon Department of Agriculture.

(4) “G1” means the original plants (nuclear materials) that have tested negative in the most extensive battery of virus tests available, and subsequently maintained in isolation to prevent (re)infection. Production and maintenance of G1 material must be in within a system approved by USDA-APHIS or its official designee.

(5) “G2” means plant material that is propagated from G1 stock and maintained under the specific conditions outlined in OAR 603-051-0857 to prevent (re)infection.

(6) “G3” means plant material that is propagated from G1 or G2 stock to increase the amount of source material available for producing virus-tested certified nursery stock. G3 plants must be maintained under the specific conditions outlined in OAR 603-051-0857 to prevent (re)infection.

(7) “G4” means plant material that is propagated from G1, G2, or G3 stock that will be distributed for sale. When using seed for G4 rootstock production, the source of seed must be approved by the Department.

(8) "Index" means to determine virus infection by means of inoculation from the plant to be tested to an indicator plant or by other scientifically acceptable means of detection.

(9) "Indicator Plant" means any herbaceous or woody plant used to index or determine virus infection.

(10) "Off-Type" means different from the cultivar as stated on the application for certification.

(11) "Oregon Certified Nursery Stock" means G4 plant materials including nursery-grown seedlings, clonal root-stocks originating from registered G2 or G3 trees, nursery-grown trees propagated by using top-stock from registered G2 or G3 trees, and rootstock originating from registered G2 or G3 trees, but is limited to the genera Chaenomeles, Cydonia, Malus, Prunus, and Pyrus.

(12) "Oregon Certified Seed" means seed produced on registered G1, G2, or G3 seed trees.

(13) "Registered Tree" means a tree or clonal planting that has a registration number assigned to it by the Department, and that has been inspected and tested in accordance with the provisions of OAR 603-051-0855 to 603-051-0859.

(14) "Scion-Block" means a planting of registered G2 or G3 trees, which serves as a source of scionwood for the propagation of Oregon Certified Nursery Stock.

(15) "Seed-Block" means a planting of registered G2 or G3 seed trees, which serves as a source of seed for producing rootstock used in the propagation of Oregon Certified Nursery Stock.

(16) "Stool Bed" means a clonal planting of self-rooted registered G2 or G3 trees for the specific purpose of producing vegetatively propagated rootstock used in the propagation of Oregon Certified Nursery Stock.

(17) "Virus" means virus and virus-like pathogens including phytoplasmas, viroids, and graft transmissible agents.

(18) "Virus Infected" means the presence of a harmful virus in a plant or plant part.

(19) "Virus-Like" means either a genetic disorder or nontransmissible entity.

(20) "Tissue culture" means a general term for the cultivation of plants (cells, tissues, or organs) under aseptic conditions in a synthetic medium in vitro. It also refers to the cultures themselves.

(21) "Tested" means having been subjected to an official examination, other than visual, to determine if pests are present or to identify pests.

Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561, 571 & 632
Hist.: AD 17-1977, f. & ef. 7-15-77; DOA 14-2004, f. & cert. ef. 6-1-04; DOA 6-2007, f. & cert. ef. 3-16-07; DOA 5-2013, f. & cert. ef. 3-1-13

603-051-0857

Requirements and Conditions for Certification

Certification by the Department shall not imply or be construed as any warranty of the Department or their employees as to the condition of nursery stock. The following requirements and conditions shall be met in order to qualify for consideration of certification of nursery stock:

(1) The applicant for certification shall be responsible for the selection of the location and the proper maintenance of all plantings being grown. The applicant shall also be responsible for maintaining the identity of all nursery stock. Any planting entered in this certification program shall be kept in a thrifty growing condition and free of plant pests.

(2) Trees may be registered for certification as rootstock, interstock, and top-stock sources for the propagation of Oregon Certified Nursery Stock when inspected, tested and found to be discernably free from harmful virus and virus-like diseases of regulatory concern and having varietal purity, in accordance with the procedures prescribed in OAR 603-051-0855 to 603-051-0859.

(3) No budding, grafting, or top-working of registered G2 and G3 trees in a scion-block, seed-block, or stool bed shall be permitted. Use of a certified G2 and G3 nursery stock for scionwood shall only be allowed upon receiving permission from the Department and shall be subject to departmental supervision.

(4) Any plant found to be infected by a virus or virus-like disease and officially confirmed by the Department, or found to be off-type, or in root or foliar contact with a confirmed infected plant shall be removed immediately from any planting and destroyed after notification is rendered by the Department. For scion blocks, if a positive plant is present the following growing season, all plants growing within 30-feet of the infected plant within the same block will not be certified. For stool beds, if a positive plant is present the following growing season, all plants growing within 10-feet of the infected plant within the same block will not be certified. The certification of these plants may be regained if Departmentally-approved corrective action is taken.

(5) Prior to planting, all registered plant growing areas and their contiguous border areas of not less than ten feet shall be tested for the presence of soil-inhabiting nematodes known to transmit viruses of concern to the Program. Growing areas found free of nematode vectors will not require chemical fumigation. Growing areas found infested with nematode vectors are required to be fumigated in accordance with the rates and practices recommended by Oregon State University. The growing areas will then be re-tested. Such tests and treatments shall be carried out under the supervision of the Department.

(6) Applicants shall be responsible for maintaining trueness to type of certified G4 nursery stock produced from registered G2 and G3 plants. The applicant shall develop a written program, in cooperation with the Department, so as to provide for monitoring of each cultivar for trueness to type.

(7) A participating nursery must maintain the following records for all registered G2 and G3 nursery stock in this program for a minimum of four (4) years:

(a) Records indicating the Latin name, variety or cultivar, rootstock, origin, date of introduction of the G1 or G2 plant materials to the facility, date of propagation in the registered G2 or G3 block, and field location including nursery row and planting;

(b) Records of sale and copies of all phytosanitary certificates issued;

(c) Maps of the facility or nursery indicating the growing areas and a detailed inventory for the registered G2 and G3 plants.

(8) The following requirements specifically apply to scion-blocks:

(a) A scion-block shall be located not less than 100 feet from any nonregistered cultivated plant of the Rosaceae family. The ground in a scion-block, and for a distance of 20-feet surrounding it, shall be kept either clean-cultivated or in an approved, properly controlled ground cover. Registered scion-block G2 and G3 trees shall be planted and maintained in a manner, and at sufficient distances, so that branches of different varieties do not overlap. Each tree shall bear a permanent registration number;

(b) The rootstock and top-stock sources of the G2 and G3 scion-block trees shall have originated from G2 or G3 trees established under this certification program or from virus-tested G1 trees originating through the Clean Plant Center of the Northwest or other departmentally approved virus-tested sources. If the tree is scion-rooted, its source shall have met the above-mentioned requirements. Only registered G2 and G3 trees shall be permitted in the scion-block.

(9) The following requirements specifically apply to stool beds:

(a) Existing stool beds that index clean on the commonly used virus indicators or via testing approved by the Department shall qualify as registered G3 stool beds. New stool beds (those planted after July 1, 1980) shall have originated from G2 or G3 stock established under this certification program, or from virus-tested G1 plants originating through the Clean Plant Center of the Northwest or other departmentally approved virus-tested sources, and shall be located not less than 50 feet from nonregistered rosaceous hosts and not less than ten (10) feet from registered rosaceous plants. If the tree is scion-rooted, its source shall have met the requirements of this certification program. Only registered trees shall be permitted in the stool bed.

(b) A registered G2 or G3 stool bed shall be located not less than 50-feet from any nonregistered cultivated plant of the Rosaceae family. However, nonregistered stool beds may be located not less than ten feet from registered G2 or G3 stool bed plantings if such plantings were in production when they became subject to this certification program. The ground in a registered stool bed, and for a distance of ten feet surrounding it, shall be kept clean-cultivated;

(10) The following requirements specifically apply to seed-blocks:

(a) A Prunus seed-block shall be located not less than 100-feet from any nonregistered plant of the Prunus species. The ground in a seed-block and for a distance of 20-feet surrounding the seed-block shall be kept clean-cultivated or in an approved, controlled ground cover;

(b) The rootstock and top-stock sources of the seed-tree shall have originated from G2 or G3 trees established under this program or from virus-tested G1 trees originating through the Clean Plant Center of the Northwest or other Department approved virus-tested sources. If the tree is scion-rooted, its source shall have met the above requirements. Only registered trees shall be permitted in the seed-block.

(11) The following requirements specifically apply to scion blocks of containerized Malus, Pyrus, Cydonia, Chaenomeles, or Prunus species. All other requirements for growing scion blocks also apply (see (8)):

(a) The roots of trees being containerized must be free of soil prior to planting in the containers;

(b) The growing medium must consist of non-soil material, including but not limited to, expanded or baked clay pellets, ground coconut husks, coffee hulls, cocoa pods or rice husks, peat, perlite, sawdust, sphagnum, volcanic ash, cinder or vermiculite. The components of the growing medium must not have been previously used for growing plants or other agricultural purposes. The components of the growing medium must be mixed and maintained under conditions which preclude soil contamination or contamination by water run-off. Samples of the growing medium may be taken to verify the absence of soil;

(c) The containers must be set on a barrier that prevents the roots of the plants from permeating the soil or prevents direct contact with the soil, such as plastic, hard-packed clay, pavement, or a minimum of two (2) inches of coarse gravel. The site must be located so as to preclude soil contamination, either directly or through water run-off from drainage, flooding, irrigation, or other means.

(12) The following requirements apply specifically to tissue culture plant materials grown for scion and for rootstock. These requirements are in addition to the requirements specifically for scion blocks described in (8) and for stoolbeds as described in (9):

(a) Plants (explants) used to produce callus for tissue culture must be tested or indexed annually as required by this program;

(b) Plantlets (rooted shoots) regenerated from the tissue culture callus must be grown in a greenhouse or growth chamber and all measures and precautions must be taken to prevent the presence of any vectors in the greenhouse or growth chamber. Records of such measures taken, if they include pesticide use, must be maintained as required by OAR 603-057-0405 through 603-057-0410 and other Oregon Administrative Rules for licensed pesticide applicators as applicable;

(c) One regeneration of plantlets from the tissue culture callus will be certified under this program as G4 level material with no further testing or indexing provided all other requirements are met. This certification will last one (1) year from the date of introduction of the plantlets into the greenhouse. Plantlets may be planted as G3 level registered plants provided all other requirements, including testing, are met for scion as described in (8) and for stool beds as described in (9).

(13) The following requirements specifically apply to Oregon certified nursery stock, also known as G4 level material:

(a) A participating nursery must maintain the following records of all G4-level materials in this program for at least two (2) years.

(i) Records indicating the Latin name, variety or cultivar, rootstock, origin, date of introduction of the G2 materials to the facility, date of propagation in the registered G2 or G3 block, and field location including nursery row and planting.

(ii) Records of sale and copies of all phytosanitary certificates issued.

(iii) Maps of the facility or nursery indicating locations of Oregon certified nursery stock.

(b) All nursery stock grown for G4 certification shall be on rootstocks from registered G2, G3, or G4 trees except for stone fruit trees grown on peach seedlings. Such peach root-stocks shall be acceptable only if the seed transmissible virus content does not exceed five percent, and upon the prior approval of the Department being obtained. Clonal rootstocks used in the production of Oregon Certified Nursery Stock shall originate from registered stool beds;

(c) Nursery stock grown for G4 certification shall be planted sufficiently apart to maintain its identity and shall be kept clean-cultivated. Such nursery stock shall be designated as to rootstock, top-stock, and interstock sources. Rebudding or regrafting of nursery row stock shall not be allowed unless such stock is reworked with budwood from the same registered scion-block;

(d) An official certification tag shall be utilized to designate G4-level trees produced from registered scion-source trees and which have been propagated on rootstocks produced from registered seed sources or stool bed trees, or which are self-rooted. Official certification tags must be attached to G4-level trees at time of sale.

Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561, 571 & 632
Hist.: AD 17-1977, f. & ef. 7-15-77; DOA 14-2004, f. & cert. ef. 6-1-04; DOA 6-2007, f. & cert. ef. 3-16-07; DOA 5-2013, f. & cert. ef. 3-1-13

603-051-0858

Procedures for Certification

(1) In accordance with OAR 603-051-0855, certification and the supervision of activities relating thereto shall be in the Department. Inspection and testing procedures prescribed in this certification program may be carried out by the Washington State Department of Agriculture or the Department, and shall be conducted at such times and in such manner as is acceptable to the Department.

(2) The methods and procedures used for virus indexing shall conform to Clean Plant Center of the Northwest or Departmentally approved standards and shall be conducted in the manner and times determined by the Department.

(3) The Department reserves the right to visually inspect and test nursery rootstock in a planting for certification throughout the growing season. At the request of the Department, any undesirable rootstock may be rogued before propagation.

(4) All nursery stock meeting the requirements of this certification program shall have the variety, interstock and rootstock designated upon any tag evidencing the same as Oregon Certified Nursery Stock.

(5) The Department shall authorize the use of official certification tags for the identification of nursery stock or seed meeting the requirements of OAR 603-051-0855 to 603-051-0859, and therefore certified as Oregon Certified Nursery Stock. Such official certification tags shall be furnished by the Department to the qualified applicants therefore upon payment of the established cost of the Department for the tags so furnished.

(6) Any person selling, or offering for sale, any nursery stock or seed identified by tagging as Oregon Certified Nursery Stock shall be deemed to be responsible for the identity of such stock. All Oregon Certified Nursery Stock offered for sale shall be handled in accordance with accepted commercial practices and shall be identified by the tags described in the subsection.

(7) Certification shall be refused if plants have been propagated from registered trees determined to be infected by a virus or virus-like disease, or if other provisions of this certification program have been violated.

(8) A list of participating nurseries and certified nursery stock shall be provided to all participating nurseries and to other interested parties upon request.

Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561, 571 & 632
Hist.: AD 17-1977, f. & ef. 7-15-77; DOA 14-2004, f. & cert. ef. 6-1-04; DOA 6-2007, f. & cert. ef. 3-16-07; DOA 5-2013, f. & cert. ef. 3-1-13

603-051-0859

Application for Certification and Fees

(1) Nurseries voluntarily participating in the certification program shall enter into a compliance agreement with the Department, which shall be submitted to the Department by March 31 of each year so as to provide sufficient time for inspection and indexing of registered G2 and G3 scion and seed trees and for the inspection of nursery stock to be submitted for certification. The nursery participation fee (see (4)) must be submitted with the compliance agreement by March 31 of each year.

(2) The compliance agreement shall contain the information required thereon, including the consent of the applicant for the Department to obtain propagating wood or expanded leaf tissues from any tree for inspection and testing purposes.

(3) Except as otherwise provided, fees charged by the certifying agency for certification are payable on or before July 1 of each year, and are for the sole purpose of defraying expenses incurred by the Department in the inspection, approval, or certification procedures provided for in this certification program, and for providing funds to the Department to support appropriate plant virus survey programs. Payment thereof shall not be construed as granting any right or privilege to the applicant.

(4) The fees payable under this section shall be determined in accordance with the fee schedule (see (4)(a)-(d)). Testing of Prunus, Malus, Pyrus, Chaenomeles, and Cydonia, materials will be performed annually by the Department. These fees shall be payable upon request of the Department:

(a) The fee for participation shall be $200 annually per participating nursery;

(b) The fee shall be $10.00 per sample per Ilarvirus (Prunus necrotic ring spot virus, prune dwarf virus, and apple mosaic virus) test requested;

(c) The fee shall be $7.00 per sample per Tomato ring spot virus test requested;

(d) The fee shall be $7.00 per sample per each additional virus test requested.

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

Stat. Auth.: ORS 561, 571 & 632
Stats. Implemented: ORS 561, 571 & 632
Hist.: AD 17-1977, f. & ef. 7-15-77; AD 17-1994, f. & cert. ef. 11-10-94; DOA 14-2004, f. & cert. ef. 6-1-04; DOA 6-2007, f. & cert. ef. 3-16-07; DOA 5-2013, f. & cert. ef. 3-1-13

Certification of Caneberry Nursery Stock

603-051-0950

Declaration of Policy

(1) Certification of caneberry nursery stock is a function of state government, the responsibilities of which will be conducted as a cooperative effort between the Department and the school in keeping with the provisions of ORS 633.620 to 633.660 and statutes related thereto. The Department shall be responsible for certification as to the freedom of plants from insects, pests, and diseases while the school shall be responsible for certification as to varietal (cultivar) purity at all propagation levels.

(2) The acceptability of cultivars into the certification program will be based on described plant characteristics such as quality features and disease or pest resistance. Eligibility of cultivars shall be at the discretion of the Dean of the school.

Stat. Auth.: ORS 561.190, ORS 571 & ORS 632
Stats. Implemented: ORS 561, ORS 571 & ORS 632
Hist.: AD 992(6-73), f. 6-4-73, ef. 6-15-73

603-051-0955

Definitions

As used in these sections, unless the context requires otherwise:

(1) "Caneberry" means any cultivated Rubus species.

(2) "Certification" means the issuance of a certificate verifying that a particular quantity or lot of caneberry plants has been grown or propagated according to the provisions of OAR 603-051-0960.

(3) "Certified Block" means a planting of caneberry plants that are first year propagation from Registered Stock.

(4) "Certified Stock" means a class of caneberry plants that are first year or second year propagation from Registered Stock or first year propagation from first year Certified Stock.

(5) "Department" means the Oregon State Department of Agriculture.

(6) "Foundation Block" means a planting of Nuclear Stock caneberries for the production of Foundation Stock.

(7) "Foundation Stock" means a class of caneberry plants that have been produced in a Foundation Block.

(8) "Increase Block" means a planting of caneberry plants of Foundation Stock for the production of Registered or Certified Stock.

(9) "Index" means to test for systemic disease infection by making a graft with tissue from the plant to be tested to an indicator plant or by other means of detection.

(10) "Nuclear Stock" means caneberry plants of cultivars which were originally indexed and their clonal progeny which have been regularly reindexed and continuously protected from systemic disease infection by federal or state of Oregon agencies or plants from other states meeting standards established by the Dean of the School. Nuclear Stock is intended for planting in a Foundation Block.

(11) "Off-Type" means any volunteer caneberry plant or any caneberry plant different from the cultivar as stated on the application for certification.

(12) "Oregon Certified Caneberry Nursery Stock" means progeny plants propagated from Foundation, Registered, or Certified Stock and certified in accordance with these regulations.

(13) "Registered Stock" means a class of caneberry plants that are first year propagation from Foundation Stock produced in an Increase Block.

(14) "School" means the School of Agriculture, Oregon State University.

Stat. Auth.: ORS 561.190, ORS 571 & ORS 632
Stats. Implemented: ORS 561, ORS 571 & ORS 632
Hist.: AD 992(6-73), f. 6-4-73, ef. 6-15-73

603-051-0960

Requirements and Conditions for Certification

Certification by the Department shall not imply or be construed as any warranty of the Department, the school, or its employees as to the condition of caneberry nursery stock. The following requirements and conditions shall be met in order to qualify for consideration of certification of caneberry nursery stock:

(1) The applicant for such certification under these regulations shall be responsible for the selection of the location and the proper maintenance of a planting being grown. The applicant shall also be responsible for maintaining the identity of all said nursery stock. Land selected for the production of Foundation, Registered, or Certified Stock shall not have grown any solanaceous crop or any crop plant within the genus Rubus within the previous five years unless said plants were propagate in accordance with the provisions of these regulations. The selected site must be free of any evidence of the presence of Agrobacterium rubi or A. tumefaciens as indicated by the absence of:

(a) Overgrowths or tumors on crowns, roots, stems, or leaves; and of

(b) Excessive or abnormal development of organs with or without tumefactions;

(c) The presence of subsections (a) or (b) of this section on any known host plants in the site or within 30 feet will be cause for rejection. The Department or school shall be notified by the applicant in advance of the planting, replanting, or digging of caneberry nursery stock in order that necessary inspections may be made or approval granted prior to the performance thereof.

(2) Each planting shall be located in an area in which viruses or other systemic pathogens affecting caneberries are not prevalent and in which there is adequate isolation from plantings of caneberries producing fruit. Cultivars within a planting must be adequately separated in an approved manner. Prior to acceptance of the planting site one of the following procedures shall be followed by the nurseryman:

(a) Present acceptable records to the Department of nematode sampling of the land in question which show that plant parasitic nematodes are not present in harmful quantities; or

(b) Fumigate the land in accordance with approved commercial practices compatible with current recommendations of the Oregon State University Extension Service.

(3) For inspection purposes, one percent of the plants or 12 plants, whichever is less, from a Foundation Block must be allowed to produce mature fruit. Such plants are not to be harvested for certification and shall be removed from the planting after inspection for trueness-to-name.

(4) Foundation Blocks shall be enclosed by an approved screenhouse. A minimum of three percent of the individual plants planted therein that will be used for further propagation shall be tested biennially by indexing. Progeny plants will be identified by clone numbers.

(5) Each planting shall be kept in a thrifty growing condition and pests shall be kept under intensive control. Diseased or off-type plants will be rogued. Because of the problem of development of seedlings in the planting and the opportunity for flower infection by certain viruses, flowers will not be allowed in certified plantings except for section (3) of this rule.

(6) For purposes of determining eligibility of caneberry nursery stock for certification in accordance with OAR 603-051-0590 of these regulations, the following shall apply:

(a) To be acceptable for a planting in a Foundation Block a plant shall be:

(A) Nuclear Stock; or

(B) Foundation Stock which is a progeny of a plant from a Foundation Block that was tested the previous season in a program of indexing acceptable to the Department; or

(C) Progeny of screenhouse grown Foundation Block plants removed from Nuclear plants by no more than four years. The adequacy of the applicant's screenhouse shall be reviewed annually by the certifying agencies.

(b) To be acceptable for planting in an Increase Block, a plant shall be Nuclear or Foundation Stock;

(c) To be acceptable for planting in a Certified Block, a plant shall be Nuclear Stock, Foundation Stock, Registered Stock, or first-year Certified Stock. (See Diagram 1.);

(d) Caneberry plants in outdoor Increase Blocks shall be planted in rows not less than eight feet apart;

(e) No plant separated from Foundation Stock by more than three years of vegetative propagation shall be eligible for certification.

[ED NOTE: The Diagram referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 561.190, ORS 571 & ORS 632
Stats. Implemented: ORS 561, ORS 571 & ORS 632
Hist.: AD 992(6-73), f. 6-4-73, ef. 6-15-73

603-051-0965

Procedures for Certification

(1) In accordance with OAR 603-051-0950 of these regulations, certification and the supervision of activities relating thereto shall be in the respective agencies. Inspection and testing procedures prescribed in these regulations may be made by the school, the United State Department of Agriculture, or the Department, and shall be conducted at such times and in such manner as is acceptable to the certifying agencies. The Department at the request of the school, may enforce certification standards established by the school.

(2) Plants propagated from Foundation Stock are eligible for tagging as Registered Stock for one year only.

(3) Plants propagated from Registered Stock are eligible for tagging as Certified Stock for two years only.

(4) Exceptions to sections (2) and (3) of this rule hereof may be made according to the discretion of the certifying agencies.

(5) Tags evidencing certification for varietal purity shall be issued by the Dean of the school, and tags certifying freedom from pests and diseases shall be issued by the Department, unless the two agencies agree to the use of a joint tag.

Stat. Auth.: ORS 561.190, ORS 571 & ORS 632
Stats. Implemented: ORS 561, ORS 571 & ORS 632
Hist.: AD 992(6-73), f. 6-4-73, ef. 6-15-73

603-051-0970

Application for Certification and Fees

(1) An application for certification shall be made on a form prescribed by the certifying agencies and shall be submitted sufficiently in advance of the time of planting so as to permit establishment of the origin of the planting stock, the determination of the suitability of location, and supervision of any treatment that may be required. The application shall include the consent of the applicant for the removal of plants from any planting for inspection or testing purposes.

(2) Fees charged by the certifying agencies for certification are payable at the time of the application and are for the sole purpose of defraying expenses incurred by the Department or school in the inspection, approval, or certification procedures provided for in these regulations, and payment thereof shall not be construed as granting any right or privilege to the applicant.

(3) The annual fees payable under this rule are:

(a) Screenhouse; Foundation Block -- $100 for 20 plants or less; $1 for each additional plant;

(b) Field Planting; Increase Block -- $30 per 1/4 acre or portion thereof;

(c) Field Planting; Certified Block -- $30 per 1/4 acre or portion thereof;

(d) Greenhouse and Screenhouse; Increase or Certified Block -- $50 per Block minimum. Such minimum would apply towards any special service charges.

Stat. Auth.: ORS 561.190, ORS 571 & ORS 632
Stats. Implemented: ORS 561, ORS 571 & ORS 632
Hist.: AD 992(6-73), f. 6-4-73, ef. 6-15-73

603-051-0975

Refusal or Cancellation of Certification

Certification may be cancelled in accordance with the following:

(1) Failure to meet or maintain the requirements of these regulations.

(2) Any Foundation or increase Block in which any of the following are found:

(a) Off-type plants;

(b) Non-thrifty plants;

(c) Crown or cane gall infection;

(d) An injurious systemic disease;

(e) Plants infected by anthracnose disease to the extent that serious loss or damage may result;

(f) Serious nematode injury;

(g) Evidence of insects injurious to transplants.

(3) Any Certified Block in which any of the following are found:

(a) More than 0.25 percent off-type plants;

(b) More than one percent non-thrifty plants;

(c) More than 0.1 percent injurious systemic disease;

(d) More than 0.1 percent crown and cane gall;

(e) Anthracnose infected plants to the extent that serious loss or damage may result;

(f) Serious nematode injury;

(g) Evidence of insects injurious to transplants.

Stat. Auth.: ORS 561.190, ORS 571 & ORS 632
Stats. Implemented: ORS 561, ORS 571 & ORS 632
Hist.: AD 992(6-73), f. 6-4-73, ef. 6-15-73

Oregon Standards for Asian Pears

603-051-0980

General

Compliance with the provisions of these standards shall not excuse failure to comply with provisions of applicable Federal or State laws. These standards shall apply to all recognized varieties of Asian pears including:

(1) Non-russeted types such as Nijisseiki, Shinseiki, Ya Li.

(2) Partially russeted types such as Kosui, Kikusui, Tsu Li (California origin).

(3) Complete russeted types such as Hosui, Chojuro, Japanese Golden Russet.

Stat. Auth.: ORS 561.190 & ORS 632.905
Stats. Implemented: ORS 632.905
Hist.: AD 10-1992, f. & cert. ef. 9-9-92

603-051-0990

Definitions

(1) "Similar Varietal Characteristics" means the fruit in any lot and container are similar in shape, color of skin and flesh.

(2) "Mature" means that the fruit has reached a stage of development which will ensure the completion of the ripening process.

(3) "Overripe" means fruit is dead ripe, mealy or soft, and past commercial utility.

(4) "Clean" means the fruit is free from excessive dirt, dust, spray residue, or other foreign materials.

(5) "Well Formed" means the fruit is symmetrical and has shape characteristics of the variety, and that bumps or other roughness are permitted provided they do not more than slightly detract from the appearance.

(6) "Fairly Well Formed" means the fruit has the shape characteristics of the variety but slight bumps or other roughness are permitted provided they do not materially detract from appearance.

(7) "Carefully Packed" means the fruit shows no evidence of rough handling.

(8) "Injury" means any defect described in the Classification of Defects (OAR 603-051-1040), or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which more than slightly detracts from the appearance, or the edible or marketing quality.

(9) "Damage" means any defect described in the Classification of Defects (OAR 603-051-1040), or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality.

(10) "Serious Damage" means any defect more than 50 percent over allowable damage definition, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality.

(11) "Permanent Defects" means those which are not subject to change during shipment or storage, for example, shape, scars or growth cracks.

(12) "Condition Defects" means those defects which are subject to change during shipment or storage, for example, decay, soft, shriveling or bruises.

(13) "Fairly Uniform in Size" means that fruit in containers marked by diameter to denote size may not vary in diameter more than 1/2 inch.

(14) "Diameter" means the greatest dimension measured at right angles to a line from stem to blossom end.

(15) "Shipping Point" means the point of origin of the shipment in the producing area or at a port of loading for ship-stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.

Stat. Auth.: ORS 561.190 & ORS 632.905
Stats. Implemented: ORS 632.905
Hist.: AD 10-1992, f. & cert. ef. 9-9-92

603-051-1000

Grades

(1) "Oregon Extra Fancy" consists of Asian Pears which meet the following requirements:

(a) Basic requirements: Similar varietal characteristics, mature, not soft or overripe, carefully packed, clean and well formed;

(b) Must be free from worm holes, broken skins, scald, sprayburn or sunburn, drought spot, disease, insects and insect injury, freezing injury, internal breakdown and decay;

(c) Must be free from injury by bruises, leaf or limb rubs, discoloration, growth cracks, hail, scars, cork spot and mechanical or other means.

(2) "Oregon No. 1" consists of Asian Pears which meet the following requirements:

(a) Basic Requirements: Similar varietal characteristics, mature, not soft or overripe, carefully packed, clean and fairly well formed;

(b) Must be free from worm holes, insects, broken skins which are not healed, scald, freezing injury, internal breakdown and decay;

(c) Must be free from damage by bruises, leaf or limb rub, discoloration, growth cracks, hail, scab, scars, sprayburn or sunburn, drought spot, cork spot, insect injury, healed skinbreaks, other disease and mechanical or other means.

Stat. Auth.: ORS 561.190 & ORS 632.905
Stats. Implemented: ORS 632.905
Hist.: AD 10-1992, f. & cert. ef. 9-9-92

603-051-1010

Tolerances

In order to allow for variations incident to proper grading and handling in each of the above grades, the following tolerances by counts, shall be permitted in any lot: Oregon Extra Fancy and Oregon No. 1:

(1) For defects at shipping point; eight percent for fruit which fails to meet the requirements of the specified grade; provided that included in this amount not more than four percent shall be allowed for defects causing serious damage, including in this latter amount not more than two percent of fruit affected by internal breakdown, freezing, or decay.

(2) For defects enroute or at destination; nine percent for fruit which fails to meet the requirements of the specified grade, provided that included in this amount not more than the following percentages shall be allowed for defects:

(a) Eight percent for permanent defects;

(b) Six percent for defects causing serious damage, including therein not more than four percent for serious damage by permanent defects and not more than two percent for fruit affected by internal breakdown or decay.

Stat. Auth.: ORS 561.190 & ORS 632.905
Stats. Implemented: ORS 632.905
Hist.: AD 10-1992, f. & cert. ef. 9-9-92

603-051-1020

Application of Tolerances

The contents of individual containers in the lot, based on sample inspection, are subject to the following limitations. Individual samples shall consist of not less than 50 fruit, and shall not have more than double a specified tolerance except that at least two defective specimens may be permitted in any sample, provided that not more than one fruit affected by internal breakdown, freezing or decay be permitted in any sample and that the average for the entire lot is within the tolerances specified for the grade.

Stat. Auth.: ORS 561.190 & ORS 632.905
Stats. Implemented: ORS 632.905
Hist.: AD 10-1992, f. & cert. ef. 9-9-92

603-051-1030

Standard Pack

(1) Fruit shall be fairly uniform in size and shall be packed in boxes, flats, lugs, or cartons and arranged according to approved and recognized methods. Containers shall be well filled and contents tightly packed, but shall not be excessively or unnecessarily bruised by overfilling or oversize. Fruit in the shown face of the container shall be reasonable representative in size and quality of the contents.

(2) When packed in closed containers the size shall be indicated by marking the container with the numerical count or the minimum size packed.

(3) Boxes, flats, lugs, or cartons:

(a) Fruit packed in cell containers or compartments, fiberboard fillers, or molded trays shall be of proper size for the cells, fillers, or molds in which they are packed, and conform to the marked count;

(b) In order to allow for variation incident to proper packing in containers, the number of fruit shall not vary more than two from the marked count.

(4) When numerical count is not shown, the minimum size shall be plainly marked on the container.

(5) In order to allow for variation incident to proper sizing and packing, not more than ten percent of containers in any lot may fail to meet these requirements.

Stat. Auth.: ORS 561.190 & ORS 632.905
Stats. Implemented: ORS 632.905
Hist.: AD 10-1992, f. & cert. ef. 9-9-92

603-051-1040

Classification of Defects

(1) Bruises:

(a) Injury -- When any slight indentation of the fruit or discoloration extends more than 1/16 inch in depth. When not smooth, or aggregating more than the area of a circle 3/8 inch in diameter;

(b) Damage -- When any slight indentation of the fruit or discoloration extends more than 1/8 inch in depth. When not smooth, or aggregating more than the area of a circle 1/2 inch in diameter.

(2) Leaf or Limbrub:

(a) Injury -- When any leaf or limbrub is cracked, softened, more than very slightly depressed, not light in color, or exceeding an aggregate area of 3/4 inch in diameter;

(b) Damage -- Any one of the following or any combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(A) Any limbrubs which are cracked, softened, or more than slightly depressed;

(B) Black discoloration caused by limbrubs, which exceed an aggregate area of 3/8 inch in diameter;

(C) Dark brown discoloration or excessive roughness caused by limbrubs which exceed an aggregate area of 3/4 inch in diameter;

(D) Slightly rough, light colored discoloration caused by limbrubs which exceeds an aggregate area of smooth, light colored discoloration 3/4 inch in diameter;

(E) Smooth, light colored discoloration caused by limbrubs which exceeds an aggregate area of one inch in diameter.

(3) Russeting:

(a) Injury:

(A) Smooth skin varieties should not have any russeting. Full russeted varieties should not have rough russet marks;

(B) On Kosui and other partial russet varieties and on Hosui and other complete russet types, any amount of smooth russeting shall be permitted whether from natural causes or stimulated by artificial means; leaf whips or light limbrubs which resemble and blend into russeted areas shall be considered as russet.

(b) Damage -- Russeting which exceeds the following:

(A) On all varieties excessively rough russeting (russeting which shows "frogging" or slight cracking) when the aggregate area exceeds 1/2 inch in diameter;

(B) On Nijisseiki and other clear skin varieties, no rough or thick russet nor slight russeting such as is characteristic of frost injury, when the aggregate area exceeds 1/2 inch in diameter;

(C) On Kosui and other partially russeted types, and on Hosui and other compete russet types, any amount of characteristic smooth russeting shall be permitted whether from natural causes, or stimulated by artificial means; leaf whips and light limbrubs which resemble and blend into russeted areas shall be considered as russet.

(4) Sprayburn and Sunburn:

(a) Injury -- None allowed;

(b) Damage -- Sunburn or sprayburn where the skin is blistered, cracked, or shows any tan or brownish color, or the shape of the pear is appreciably flattened, or the flesh is appreciable softened or changed in color, except that sprayburn of a russet blemish character shall be considered under the definition of blemish.

(5) Hail and Scars:

(a) Injury -- Shallow hail marks or other similar depressions or scars where the injury affects an aggregate area for more than 1/8 inch in diameter;

(b) Damage -- Shallow hail marks or other similar depressions or scars where the injury affects an aggregate area of more than 1/4 inch in diameter.

(6) Drought Spot:

(a) Injury -- None allowed;

(b) Damage -- Drought spot when more than one in number, or when the external injury exceeds an aggregate area of 3/8 inch, or when the appearance of the flesh is materially affected by corky tissue or brownish discoloration.

(7) Disease:

(a) Injury -- None allowed;

(b) Damage:

(A) Scab spots which are black and which cover an aggregate area of more than 1/4 inch in diameter except that scab spots of a russet character shall be considered under the definition of russeting;

(B) Sooty blotch which is thinly scattered over five percent of the surface, or dark, heavily concentrated spots which affect an area of more than 3/8 inch in diameter.

(8) Insects:

(a) Injury -- None allowed;

(b) Damage -- More than one healed codling moth sting, or any insect sting which is over 3/32 inch in diameter, or other insect stings affecting the appearance to an equal extent.

(9) Healed Skin Breaks:

(a) Injury -- None allowed;

(b) Damage:

(A) Small inconspicuous skin breaks less than 1/8 inch in diameter or depth, shall not be considered damage. In addition, not more than 15 percent of the pears in any container may have more than one skin break from 1/8 inch to 3/16 inch, inclusive, in diameter or depth;

(B) Any pear with one skin break larger than 3/16 inch in diameter or depth, or with more than one skin break 1/8 inch or larger in diameter or depth shall be considered damaged and scored against the grade tolerance.

(10) Discoloration:

(a) Injury:

(A) Black discoloration which exceeds an aggregate area of 1/4 inch in diameter;

(B) Dark brown discoloration which exceeds an aggregate area of 1/2 inch in diameter;

(C) Light colored discoloration which exceeds an aggregate area of 3/4 inch in diameter.

(b) Damage:

(A) Black discoloration which exceeds an aggregate area of 3/8 inch in diameter;

(B) Dark brown discoloration which exceeds an aggregate area of 3/4 inch in diameter;

(C) Light colored discoloration which exceeds an aggregate area of one inch in diameter.

(11) Growth Cracks:

(a) Injury:

(A) When not healed;

(B) When more than one in number;

(C) When more than 1/8 inch in depth;

(D) When more than 1/4 inch in length.

(b) Damage:

(A) When not healed and more than 1/8 inch in length or depth;

(B) When healed and more than 1/4 inch in depth;

(C) When healed and aggregating more than 1/2 inch in length.

(12) Cork Spot:

(a) Injury -- When a pear has depressions or the flesh is more than slightly affected;

(b) Damage -- When more than one is visible externally or when the flesh is more than materially affected.

Stat. Auth.: ORS 561.190 & ORS 632.905
Stats. Implemented: ORS 632.905
Hist.: AD 10-1992, f. & cert. ef. 9-9-92

Rules for White Rot Certification of Vegetative Allium Seed

603-051-1050

Declaration of Policy

Certification of agricultural products, such as Allium seed is a function of the Department of Agriculture ORS 632.940. Participation by Allium seed companies and seed growers in the certification program shall be voluntary. These regulations may be reviewed annually by the Department and Program participants.

Stat. Auth.: ORS 632.900 - 632.990, 570.305 & 561.990
Stats. Implemented: ORS 632.940
Hist.: DOA 12-2005, f. & cert. ef. 3-11-05

603-051-1051

Definitions

As used in OAR 603-051-1050 to 603-051-1054, unless the context requires otherwise:

(1) "Department" means the Oregon Department of Agriculture.

(2) "Allium" refers to Allium cepa, Allium sativum, Allium fistulous and Allium ampeloprasum for the purposes of this program.

(3) "Allium seed" refers to cloves and bulbs and the plants that form them. The seed harvested from such plantings are intended for use as vegetative seed for either future seed crops or for commercial plantings. Also included are any Allium plants grown from true seed to be harvested for vegetative bulbs and or cloves to be used as vegetative seed.

(4) "White rot" refers to the Allium disease incited by the fungal pathogen Sclerotium cepivorum.

(5) "Sclerotia" means the reproductive propagules of Sclerotium cepivorum.

(6) "Infested" means soil, fields, seedlots, boxes or equipment contaminated with sclerotia.

(7) "Infected" means Allium plants in which the pathogen is actively growing and decaying roots, cloves or bulb.

(8) "Field unit" means a planting of Allium separated from other Allium plantings by at least 20 feet. Certifiable field units may be planted from identical seed sources. Field units are certifiable only if planted with certified seed.

(9) "Certified seed" means seed that has been officially inspected and found to be free of white rot.

Stat. Auth.: ORS 632.900 - 632.990, 570.305 & 561.990
Stats. Implemented: ORS 632.940
Hist.: DOA 12-2005, f. & cert. ef. 3-11-05

603-051-1052

Requirements and Conditions for Certification

Certification by the Department shall not imply or be construed as any warranty of the Department or their employees as to the condition of the Allium seed. The following conditions shall be met in order to qualify for consideration of certification of vegetative Allium seed.

(1) The applicant for certification shall be responsible for the selection of the location and the proper maintenance of all plantings being grown. The applicant shall also be responsible for maintaining the identity of all Allium seed lots planted.

(2) Any field unit entered in this certification program shall be kept in a thrifty growing condition and free of plant pests. If in the judgment of the Department there is too much other disease present, or other conditions that preclude easily distinguishing plants with white rot symptoms from plants not infected with white rot, then the field unit will be deemed incapable of being certified.

(3) Plants growing in the field unit must be discernibly free of white rot to qualify for certification. Any plant or plants within the field unit found with white rot will disqualify the entire field unit from certification. A sample of the infected plants will be collected by the Department for confirmation. One or more of the infected plants within a field unit will be flagged by the Department.

(4) The Department will inspect the field units at least two weeks prior to termination of irrigation.

Stat. Auth.: ORS 632.900 - 632.990, 570.305 & 561.990
Stats. Implemented: ORS 632.940
Hist.: DOA 12-2005, f. & cert. ef. 3-11-05

603-051-1053

Procedures for Certification

(1) In accordance with ORS 632.940, certification and the supervision of activities relating thereto, shall be in the Department. Inspection and testing procedures prescribed in this certification program may be carried out by the Department, and shall be conducted at such times and in such a manner as is acceptable by the Department.

(2) The methods and procedures used for field inspections shall conform to Department standards and shall be conducted in a manner and time as determined by the Department.

(3) All Allium seed meeting the requirements of this certification program shall have identification evidencing the same as Oregon Certified Allium seed.

(4) The Department will provide an official certificate.

(5) Any person selling or offering for sale, any Allium seed identified by official certificate as Oregon Certified Allium Seed shall be deemed to be responsible for the identity of such stock. All Oregon Certified Allium Seed offered for sale shall be handled in accordance with accepted commercial practices.

(6) Certification shall be refused if any white rot is found within the field unit. Such field units shall be considered infested and ineligible for participation in the program.

Stat. Auth.: ORS 632.900 - 632.990, 570.305 & 561.990
Stats. Implemented: ORS 632.940
Hist.: DOA 12-2005, f. & cert. ef. 3-11-05

603-051-1054

Application for Certification and Fees

(1) Application for certification shall be made on a form prescribed by the Department and shall be submitted to the Department by March 15 of each year so as to provide sufficient time for inspection of Allium field units. The application must include a copy of the official documentation for the certified seed that has been planted in the field unit(s). The Department may refuse applications received after this date.

(2) The application shall contain the information required thereon, including the consent of the applicant for the Department to obtain samples for inspection and testing purposes.

(3) The ODA will operate this program on a cost-recovery basis. Fees charged by the Department are payable on or before December 31 of each year, and are for the sole purpose of defraying expenses incurred by the Department in the inspection, testing and certification procedures provided for in this certification program. Payment thereof shall not be construed as granting any right or privilege to the applicant.

Stat. Auth.: ORS 632.900 - 632.990, 570.305 & 561.990
Stats. Implemented: ORS 632.940
Hist.: DOA 12-2005, f. & cert. ef. 3-11-05

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