Oregon Department of Agriculture

Rule Rule 603-025-0225

For purposes of this chapter:


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


Honey that has not been combined with any other ingredient.


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


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


“Department” means the Oregon Department of Agriculture.


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


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


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


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


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


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


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


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


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

Last accessed
Jun. 8, 2021