ORS 616.835
Rulemaking authority

In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture, in consultation with the industries affected, shall promulgate rules to carry out ORS 616.800 (Short title) to 616.835 (Rulemaking authority) and 616.994 (Criminal penalty for open date labeling law violations). Such rules shall include, but are not limited to:

(1)

Establishing which particular foods are subject to ORS 616.800 (Short title) to 616.835 (Rulemaking authority) and 616.994 (Criminal penalty for open date labeling law violations).

(2)

Establishing which one or more of the following types of open date is to be used for particular groups or classes of perishable foods:

(a)

The packing date.

(b)

The pull date.

(c)

The date on which fowl, including chickens, fryers, turkeys, ducks, geese and other domesticated birds, are killed or slaughtered to be processed into perishable food.

(3)

Specifying the size, content and form of the labeling information required by ORS 616.800 (Short title) to 616.835 (Rulemaking authority) and 616.994 (Criminal penalty for open date labeling law violations).

(4)

Exempting from the operation of ORS 616.800 (Short title) to 616.835 (Rulemaking authority) and 616.994 (Criminal penalty for open date labeling law violations) those perishable foods for which open date labeling would be:

(a)

Impractical or not meaningful because of the size of the package or the nature of the perishable food;

(b)

Possibly unconstitutional as interference with the free movement of goods in interstate commerce. [1973 c.173 §8]

Source: Section 616.835 — Rulemaking authority, https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html.

616.010
State Department of Agriculture and Oregon Health Authority to administer and enforce food laws 616.015
Cooperation between Oregon Health Authority and State Department of Agriculture 616.020
Surveys, investigations and inquiries by Oregon Health Authority 616.028
State Department of Agriculture administration and enforcement of federal or interstate food safety systems 616.065
Certificate of analysis or test as evidence 616.073
Policy and prohibitions on sulfite use 616.077
Oregon Health Authority rules 616.205
Definitions for ORS 616.205 to 616.385 616.210
“Selling of food” construed 616.215
Prohibited acts 616.217
Restriction on labeling or selling food fish product as halibut 616.220
Injunction against violations of ORS 616.215 616.223
Processing of reclaimed fish for food banks 616.225
Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity 616.230
Definitions and standards 616.235
When food deemed adulterated 616.245
Adding poisonous or deleterious substance 616.250
When food deemed misbranded 616.256
Labeling exemption for foods to be repackaged 616.265
When advertisement deemed false 616.270
Determining when label or advertisement misleading 616.275
Liability for dissemination of false advertisement 616.286
Inspection and investigation powers of department 616.295
Reports and information issuable by department 616.305
District attorney to prosecute violations 616.310
Notice or warning of minor violations 616.315
Jurisdiction of courts 616.320
Short title 616.325
Consumer commodity labeling requirements 616.330
Alcoholic beverage exemption 616.333
Diethylstilbestrol use in food 616.335
Definition for ORS 616.205 and 616.335 to 616.385 616.341
Use of poisons, pesticides or food additives restricted 616.345
Rules governing use of pesticide chemicals 616.350
Control of food additives 616.355
Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350 616.360
Standards for rules 616.366
Rules for use of poisons, pesticides, food or color additives 616.380
Enforcement procedure for control of food additives 616.385
Public hearing required for rules 616.555
Definitions for ORS 616.555 to 616.585 616.560
Determination of menu item typical values 616.565
Calorie content information for combination or multiserving items 616.570
Menus, menu boards and food tags 616.575
Rules 616.580
Inspections 616.585
Local disclosure requirements prohibited 616.590
Lack of cause of action or claim 616.680
Definitions for ORS 616.680, 616.683 and 616.686 616.683
Regulatory exemption for sales location and farm direct marketer of certain agricultural products 616.686
Farm direct marketing rules 616.695
Definitions for ORS 616.695 to 616.755 616.700
Department to enforce sanitation requirements for food and food establishments 616.706
Licenses 616.708
Additional users of establishment 616.711
Where licenses not required 616.713
Unauthorized food establishments 616.716
When inspection authorized 616.718
Waiver of routine inspection 616.721
Exemption from ORS 616.695 to 616.755 for federally inspected establishments 616.723
Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings 616.726
City regulation of food and food establishments authorized 616.731
Deposit and use of fees and money 616.735
When insanitary conditions exist 616.740
Condemnation where insanitary conditions exist 616.745
Handling of food by diseased persons prohibited 616.750
Procedure where food handler suspected of disease 616.755
Securing information from health officers 616.761
Standards of identity and quality for olive oil 616.766
Standards of identity and quality for honey 616.775
Definitions for ORS 616.775 to 616.790 616.780
Standards of identity or quality for flours, macaroni and noodle products 616.785
Sale of unenriched flours, macaroni or noodle products prohibited 616.790
Enforcement of ORS 616.775 to 616.790 by department 616.800
Short title 616.805
Definitions for ORS 616.800 to 616.835 and 616.994 616.810
Exemption for alcoholic beverages 616.815
Open date labeling required for packaged perishable food sold at retail 616.820
Label required to be affixed to package not later than time of delivery to retail seller 616.825
Sale of perishable food after expiration of pull date prohibited 616.830
Altering labels or using nonconforming labels prohibited 616.835
Rulemaking authority 616.850
Definitions for ORS 616.850 to 616.890 616.855
Items exempt from unit pricing requirements 616.860
Unit pricing of packaged consumer commodities required 616.865
Temporary sale items exempt 616.870
Prescribed pricing by units of measurement 616.875
Rules 616.880
Written warning notice for minor violation 616.890
Short title 616.892
Single-use plastic straws 616.894
Local plastic straw laws 616.992
General criminal penalty 616.994
Criminal penalty for open date labeling law violations 616.997
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 616.835’s source at oregon​.gov