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: