ORS Chapter 633

Chapter 633 — Grades,Standards and Labels for Feeds, Soil Enhancers and Seeds

 

2009 EDITION

 

 

FEEDS,SOIL ENHANCERS AND SEEDS

 

FOODAND OTHER COMMODITIES

 

COMMERCIALANIMAL FEEDS

 

633.006     Definitionsfor ORS 633.006 to 633.089

 

633.015     Registrationof commercial feed required; rules; exemption; fee

 

633.026     Labelingrequirements for commercial feed; exemptions; rules

 

633.028     Informationrequired to accompany custom mixed feed; rules; records

 

633.029     Licenserequired for animal feed manufacturers and distributors; fee; exemption; rules

 

633.037     Recordsrequired of licensees; records inspection by department

 

633.045     Adulteratedcommercial feeds prohibited; rules

 

633.055     Misbrandingcommercial feed prohibited; rules

 

633.065     Departmentto test commercial feeds

 

633.067     Commercialfeed law administration and enforcement; rules

 

633.077     Testingand analysis of bulk commercial feed and custom mixed feed; disclosure of testor analysis results

 

633.083     Cooperationwith governmental units

 

633.088     Withdrawalfrom distribution of feeds sold or distributed in violation of law; seizure ofnoncomplying feeds

 

633.089     Dispositionof moneys received by department

 

FERTILIZERSAND OTHER SOIL-ENHANCING PRODUCTS

 

633.311     Definitionsfor ORS 633.311 to 633.479

 

633.315     Applicabilityof ORS 633.311 to 633.479 and 633.994

 

633.318     Licensingof manufacturers and bulk distributors; application; fee; change of location;rules

 

633.321     Labelrequirements for fertilizer, agricultural amendment, agricultural mineral andlime products; rules

 

633.331     Additionallabel requirements for lime products

 

633.336     Additionallabel requirements for agricultural amendment

 

633.341     Additionallabel requirements for agricultural mineral

 

633.344     Labelguarantees of additional plant nutrients

 

633.351     Distributionof animal by-products

 

633.362     Registrationof fertilizer, agricultural amendment, agricultural mineral and lime products;application; fee; expiration; product contents; rules

 

633.364     Confidentialityof certain information supplied in application for registration; permissibleuse of information

 

633.366     Prohibitions;mislabeled products; adulterated products

 

633.371     Dispositionof revenues

 

633.385     Departmentaccess; inspection; sampling of products

 

633.388     Reportsof official sample

 

633.441     Rules

 

633.445     Orderspreventing sale or other disposition of product; seizure

 

633.461     Tonnagereports; fees; rules; records

 

633.471     Limeproduct tonnage reports; fee; records

 

633.476     Recordkeeping for custom mix products; product identification; records inspection

 

633.479     FertilizerResearch Committee

 

SEEDS

 

633.511     Definitionsfor ORS 633.511 to 633.750

 

633.520     Labelingagricultural seed or bulk flower seed

 

633.531     Labelingvegetable or flower seed weighing one pound or less

 

633.541     Labelingvegetable seed weighing more than one pound

 

633.545     Labelingbins and bulk displays

 

633.550     Exemptionsfrom labeling provisions

 

633.561     Preparationof list of prohibited noxious weed seeds and restricted noxious weed seeds

 

633.571     Changesin lists; publication of changes

 

633.580     Seedtesting laboratory; cooperative agreements with federal agency

 

633.600     Feesfor seed tests; rules and regulations

 

633.610     Seedtesting fund

 

633.620     Certificationof seeds, tubers and plants; fees; rules

 

633.630     Certificationfund

 

633.640     Deanmay employ assistants

 

633.651     Prohibitedacts

 

633.655     Whenpenalties not applicable

 

633.660     Enforcementand administration

 

633.670     Inspectionand sampling of seeds; seizure of seeds; report of inspection work

 

633.680     Establishmentof standards of germination; rules and regulations; fees and charges

 

633.690     Quarantineof seed entering state; disposition of nonconforming seed

 

633.700     Licensesrequired to sell seed; exemption; rules; fees

 

633.720     Samplingand testing on request of owner of seed

 

633.750     Dispositionof fees and charges paid under ORS 633.511 to 633.750

 

PENALTIES

 

633.992     Criminalpenalties

 

633.994     Civilpenalties for fertilizer law violations; rules; failure to pay penalty in full

 

633.996     Civilpenalty for seed law violation

 

COMMERCIALANIMAL FEEDS

 

      633.005 [1961 c.314 §1;repealed by 1967 c.591 §1 (633.006 enacted in lieu of 633.005)]

 

      633.006Definitions for ORS 633.006 to 633.089. As used in ORS 633.006 to 633.089,unless the context requires otherwise:

      (1)“Animal feed manufacturing plant” means:

      (a)Any business, establishment, building, plant or place where commercial feed foranimals is manufactured, mixed, processed or packed.

      (b)Vehicles used in transporting commercial feed or components or ingredientsthereof, machinery, equipment, utensils, implements, or other items, articlesor materials used in the business or operation.

      (c)The ground upon which the operation or business is carried out and other groundnot adjacent thereto that is a part of the business or operation under the sameentity or ownership.

      (2)“Brand” means any word, name, symbol or device or any combination thereofidentifying and distinguishing the commercial feed of a distributor from thefeed of other distributors.

      (3)“Bulk” is the sale, offering or exposing for sale or delivery of commercialfeeds, in:

      (a)Open containers, closed or open tote boxes, closed or open tanks, closed oropen trailers, all of which may be further described or defined by the StateDepartment of Agriculture; or

      (b)Other types of containers, vehicles or conveyances defined or recognized by thedepartment.

      (4)“Commercial feed” means any material that is distributed for use as feed, or asa feed ingredient for mixing in feed for animals, or any feed additiveconcentrate, feed additive supplement, feed additive premix, or premix, except:

      (a)Unmixed seeds, whole or processed, that are made directly from the entire seedand are not used to manufacture wild bird feed.

      (b)Hay, straw, stover, cobs, husks, screenings and hulls, when unground or unmixedwith other materials.

      (c)Feed for dogs, cats, birds or fish maintained as household pets.

      (d)Silage, or materials containing at least 60 percent water.

      (e)Individual chemical compounds not mixed with other materials. This exemption,however, does not cover or extend to phosphate, urea or ammonium compounds thatare recommended for animal feeding purposes.

      (5)“Contract feeder” means an independent contractor or other person who feedscommercial feed to another person’s animals pursuant to an oral or writtenagreement whereby the commercial feed is distributed to the contractor or otherperson by any distributor and whereby the contractor or other person’sremuneration is determined all or in part by feed consumption, mortality,profits or amount or quality of animals produced. “Contract feeder” does notinclude a bona fide employee of a manufacturer or distributor of commercialfeed.

      (6)“Custom mixed feed” means any mixture of materials, substances or ingredientsdescribed or set forth under the definition of commercial feed, each lot ofwhich is mixed according to the specific instructions of, or prescribed for thespecific use of, the final consumer.

      (7)“Department” means the State Department of Agriculture.

      (8)“Distribute” means to offer for sale, sell or barter commercial feed or tosupply, furnish or otherwise provide commercial feed to a contract feeder.

      (9)“Distributor” means a person who distributes commercial feed.

      (10)“Drug” means any substance:

      (a)Intended or represented for the cure, mitigation, treatment or prevention ofdisease of animals;

      (b)Intended to affect the structure of any function of the body of an animal; or

      (c)So defined by rule of the department.

      (11)“Feed ingredient” means each of the constituent materials making up acommercial feed.

      (12)“Final consumer” means a person that feeds animals that are under the controlor ownership of that person.

      (13)“Ground” means a condition resulting from crushing, rolling, chopping orgrinding.

      (14)“Label” means a display of written, printed or graphic matter placed on oraffixed to the container in which a commercial feed is distributed, or on theinvoice or delivery slip with which a commercial feed is distributed.

      (15)“Manufacture” means to grind, chop, crush, roll, cube, flake, extrude, cook,pelletize, mix or otherwise process feed ingredients.

      (16)“Mineral feed” means a substance or mixture of substances designed or intendedto supply primarily mineral elements or inorganic nutrients.

      (17)“Official sample” means any sample of feed taken by the department anddesignated as “official” by the department.

      (18)“Percent” or “percentage” means percentage by weight.

      (19)“Sell” or “sale” includes exchange.

      (20)“Wild bird feed” means a commercial feed marketed for noncaptive undomesticatedavians. [1967 c.591 §2 (enacted in lieu of 633.005); 1973 c.342 §2; 1979 c.116 §1;1995 c.79 §322; 2001 c.137 §4; 2007 c.282 §1]

 

      633.010 [Repealed by1961 c.314 §12]

 

      633.011 [1967 c.591 §10;repealed by 1971 c.489 §11]

 

      633.015Registration of commercial feed required; rules; exemption; fee. (1) A personmay not distribute a nonregistered commercial feed. Except as provided insubsections (2), (5) and (6) of this section, every brand, and each formula orformulation thereof, of commercial feeds manufactured, compounded, delivered ordistributed in this state must be registered with the State Department ofAgriculture. The distributor must submit an application for registration onforms furnished by the department. If the department so requests, thedistributor must submit the label or a facsimile of the label and other printedmatter describing the product. Upon approval by the department, a certificateof registration shall be furnished to the distributor. All registrations expireon December 31 of each year or on such date as may be specified by departmentrule. The application must include the information required by ORS 633.026(1)(a) to (f) and such other information as the department may require.

      (2)A distributor is not required to register any brand of commercial feed that hasbeen registered under ORS 633.006 to 633.089 by another person.

      (3)Changes in the guarantee of either chemical or ingredient composition of aregistered commercial feed may be permitted, if there is satisfactory evidencethat such changes would not result in a lowering of the feeding value of theproduct for the purpose for which designed.

      (4)The department may refuse registration of any commercial feed if theapplication is not in compliance with the provisions of ORS 633.006 to 633.089.The department may cancel any registration subsequently found not to be incompliance with any provision of ORS 633.006 to 633.089. The department shall givethe registrant reasonable opportunity to be heard before the department and toamend the application in order to comply with the requirements of ORS 633.006to 633.089.

      (5)Custom mixed feeds are exempt from registration.

      (6)Wild bird feed consisting of unmixed seeds is exempt from registration.

      (7)Each application for registration must be accompanied by a fee to beestablished by the department not to exceed $20 for each formula or formulationof commercial feed under each brand. [1961 c.314 §2; 1967 c.591 §3; 1971 c.489 §1;2001 c.137 §5; 2007 c.71 §192; 2007 c.282 §2; 2007 c.768 §36]

 

      633.020 [Repealed by1961 c.314 §12]

 

      633.025 [1961 c.314 §3;1967 c.591 §3a; 1971 c.489 §2; 1979 c.116 §2; repealed by 2001 c.137 §9]

 

      633.026Labeling requirements for commercial feed; exemptions; rules. (1) Except asprovided in subsection (3) of this section, commercial feed must have a labelbearing the following information: