ORS 632.940
Inspection and classification of horticultural and agricultural products by department

  • fees and charges

(1)

Except as provided in ORS 632.945 (Procedure for department inspection and classification), the State Department of Agriculture may designate an employee or agent of the department to inspect or classify horticultural and agricultural products, or the processes used in connection with those products, when those services are requested by persons having an interest in the products or processes.

(2)

The department may ascertain and certify to the interested persons the grade, classification, quality, condition or amount of the products, the processes used in connection with the products or other pertinent facts relating to the products or processes that the persons may request.

(3)

The department may fix, assess and collect, or cause to be collected, fees for the services performed by employees or agents of the department under this section. The fees must have a uniform basis and be in an amount reasonably necessary to cover the cost of the inspection and administration of this section. The department shall adjust the fees to be collected under this section to meet the expenses necessary to carry out the provisions of this section, and may prescribe a different scale of fees for different localities.

(4)

The department may prescribe a reasonable charge for traveling expenses and services if performing the services described in this section involves unusual cost to the department.

(5)

All fees and charges received by the department under this section and ORS 632.211 (Establishment of grades and standards), 632.600 (Inspection districts) and 632.945 (Procedure for department inspection and classification) must be deposited in the Department of Agriculture Service Fund, and are continuously appropriated to the department for the enforcement of this section and ORS 632.211 (Establishment of grades and standards), 632.600 (Inspection districts) and 632.945 (Procedure for department inspection and classification). [Formerly 616.445; 1979 c.499 §29; 1997 c.410 §3; 2003 c.602 §5; 2013 c.120 §4]

Source: Section 632.940 — Inspection and classification of horticultural and agricultural products by department; fees and charges, https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html.

Notes of Decisions

Inspection fee structure is uniform if structure specifies same price for same service. J.R. Simplot Co. v. Department of Agriculture, 340 Or 188, 131 P3d 162 (2006)

Maintenance of reserve fund to avoid funding shortfalls is reasonably necessary cost of administering inspection program. J.R. Simplot Co. v. Department of Agriculture, 340 Or 188, 131 P3d 162 (2006)

632.211
Establishment of grades and standards 632.275
Filing trademark for containers, equipment and supplies for fruit and vegetables 632.280
Unlawful use of, or traffic in, name or mark as presumptive evidence 632.285
Security for return not a sale 632.290
Acquiring of marked containers, supplies and equipment 632.450
Definitions for ORS 632.450 to 632.485 632.455
Labeling container of horticultural products 632.460
Establishment of grades, branding and packing requirements 632.465
Used packages or containers 632.470
False representations as to raising, production or packing 632.475
Possession of unlabeled, falsely labeled or deceptively packed products 632.480
Shipment or sale of deceptive pack, load or display prohibited 632.485
Enforcement 632.490
Labeling fruit or vegetables as Oregon grown or packed 632.495
Labeling of exported horticultural commodities and commodity packs 632.516
Establishment of grades and standards 632.521
Grades and standards established by repealed statute 632.585
Necessity of conformity to standards 632.590
Labeling 632.595
Containers 632.600
Inspection districts 632.610
Duty to notify department of availability for inspection 632.615
Enforcement 632.625
Violation of walnut and filbert law prohibited 632.705
Definitions for ORS 632.705 to 632.815 632.715
Egg handler’s license 632.720
Fee 632.730
Commercial egg breaker’s permit 632.741
Additional fee 632.745
When invoices required 632.756
Maintenance of facilities and equipment 632.761
Authority of department 632.771
Information on container label 632.786
Prohibited acts 632.811
Rules 632.815
Disposition of fees 632.835
Definitions for ORS 632.835 to 632.850 632.838
Legislative findings 632.840
Manner of confining egg-laying hen 632.842
Relation to animal welfare laws 632.845
Prohibition against improper confinement of egg-laying hen 632.847
Commerce in eggs or egg products from noncompliant production 632.849
Production exempt from compliance 632.850
Prohibition against selling products of improperly confined egg-laying hen 632.900
“Horticultural and agricultural products” defined 632.905
Grades and standards for horticultural and agricultural products and containers 632.910
Factors to be considered in establishing grades, standards or classifications 632.915
Consideration of commercial or other use 632.918
Classifications and standards for certified horticultural and agricultural processes 632.920
Compliance with Administrative Procedures Act 632.935
Adoption of United States standards 632.940
Inspection and classification of horticultural and agricultural products by department 632.945
Procedure for department inspection and classification 632.950
Termination of department inspection activities by grower vote 632.955
Investigation of complaint of purchaser’s misrepresentation of product 632.960
Appeal to department for classification 632.965
Certificate of grade, classification, quality or condition as prima facie evidence 632.970
Misrepresentation of grades and standards for horticultural or agricultural products 632.975
Use of containers not conforming to standard 632.980
Improper grading and incorrect certificates prohibited 632.985
Transporting of agricultural or horticultural products subject to inspection 632.990
Criminal penalties 632.995
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 632.940’s source at oregon​.gov