OAR 603-025-0425
Crab Harvested Outside Oregon in an Area that Would Be a Biotoxin Management Zone, if in Oregon

(1) Application. This rule applies only to Dungeness crab (Cancer magister or Metacarcinus magister) harvested and sold for commercial purposes that:
(a) Contains viscera, whole or in part;
(b) Is not harvested in waters of this state or the Pacific Ocean off Oregon;
(c) Is harvested from an area in which crab viscera samples that were tested under the authority of the responsible state agency showed domoic acid levels of 30 ppm or higher; and
(d) Is sold into, or otherwise enters, Oregon.
(2) Definitions. The definitions in OAR 603-025-0410 (Requirements for Dungeness Crab) apply to this rule, except for the definition of “crab” in OAR 603-025-0410 (Requirements for Dungeness Crab)(2)(c).
(3) Prohibitions.
(a) It is prohibited to sell, offer for sale, deliver or donate crab described in section (1) of this rule unless:
(A) The crab is conveyed or sold to a food processing establishment licensed by ODA or to a licensed food processor that eviscerates and processes crab consistent with subsection (3)(d); or
(B) The crab is conveyed or sold to a wholesaler that in turn sells all crab subject to these rules to a food processor that is licensed by ODA or to a licensed processor.
(b) In no case may uneviscerated crab be conveyed, sold or donated to retailers or directly to consumers unless it is processed as described in subsection (3)(c).
(c) Food processors or wholesalers are prohibited from selling or offering for sale to retailers or to consumers crab as described in this section unless:
(A) The licensed processor conducts its activities consistent with a seafood HACCP plan; and
(B) The crab is eviscerated.
(d) If section (1) of this rule accurately describes any of the landed crab in a landing from a fishing vessel, the entire landing shall be subject to the requirements of this section. Landings for which the harvest location is unspecified shall be subject to the requirements of this section. Failure of a producer or wholesaler to notify processors that crab originated from an area in which domoic acid levels in viscera were 30 ppm or higher and therefore must be processed consistent with this section before it is donated, held, offered for sale or sold to consumers will be considered a violation of ORS 616.215 (Prohibited acts)(1).
(4) Penalties. Whenever it is found that any crab described in this rule is sold, offered for sale, or donated to any person in a manner that is inconsistent with this rule, the crab is considered adulterated food, and the holding, or offering for sale of crab is prohibited as provided in ORS 616.215 (Prohibited acts)(1). If any person violates this rule, ODA may proceed with any lawful remedy including:
(a) Seeking the district attorney to institute proceedings in the proper courts to be prosecuted in the manner required by law;
(b) Enjoining violations of law in a summary proceeding;
(c) Embargo, seizure or detention consistent with the provisions of ORS 561.605 (Detention, seizure or embargo of agricultural products) – 630;
(d) Civil penalties up to $10,000 for each violation as provided in ORS 616.997 (Civil penalties).

Source: Rule 603-025-0425 — Crab Harvested Outside Oregon in an Area that Would Be a Biotoxin Management Zone, if in Oregon, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-025-0425.

603–025–0010
Definitions 603–025–0020
General Standards of Food Establishment Construction and Maintenance 603–025–0030
Retail Food Code 603–025–0080
Foods Subject to Pull Date Labeling 603–025–0090
Foods Exempt from Labeling 603–025–0100
Form of Labeling 603–025–0110
Labeling Placement 603–025–0120
Identification After Pull Date Expiration 603–025–0130
Label Pull Date Information 603–025–0140
Food Storage Warehouses 603–025–0150
Food Processing Establishments 603–025–0151
Property Tax Exemption for Qualified Machinery and Equipment 603–025–0152
Certification Fees 603–025–0160
Package Labeling Requirements 603–025–0170
Bulk Placard Requirements 603–025–0180
Responsibility 603–025–0190
Standards of Identity, Additives, Pesticide Tolerances, Food Labeling, Good Manufacturing Practice, Low Acid Canned Foods, and Acidified Foods 603–025–0200
Establishments Utilizing Domestic Kitchen Facilities 603–025–0215
Purpose 603–025–0225
Definitions 603–025–0235
Farm Direct Marketer Exemption 603–025–0245
Consignment Sales 603–025–0255
Prohibitions 603–025–0265
Labeling Requirements 603–025–0275
Producer-Processed Foods Records 603–025–0315
Definitions 603–025–0320
License and Inspection Exemption 603–025–0325
Labeling 603–025–0330
Revocation of Exemption 603–025–0410
Requirements for Dungeness Crab 603–025–0425
Crab Harvested Outside Oregon in an Area that Would Be a Biotoxin Management Zone, if in Oregon 603–025–0500
License Fees and Categories for Food Establishments 603–025–0510
New License Payments 603–025–0900
Purpose 603–025–0910
Definitions 603–025–0920
Schedule of Civil Penalties 603–025–0930
Penalty factors
Last Updated

Jun. 8, 2021

Rule 603-025-0425’s source at or​.us