2017 ORS 632.495¹
Labeling of exported horticultural commodities and commodity packs
  • rules

(1) As used in this section:

(a) “Commodity”:

(A) Means a distinctive class, type, variety or utilization of a product in a natural or unprocessed state.

(B) Does not mean canned, bottled, frozen, dried, candied or brined products.

(b) “Commodity pack” means a packaged or wrapped unit of horticultural commodity transported inside a shipping container.

(c) “Shipping container” means a closed receptacle used for bulk transport of horticultural commodities or commodity packages.

(d) “United States” means a state, territory or insular possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico.

(2) A horticultural commodity or commodity pack is exempt from labeling requirements imposed under ORS 632.206 (Definitions for ORS 632.211 to 632.260) to 632.260 (Defendant in prosecution to plead any exemption), 632.450 (Definitions for ORS 632.450 to 632.485) to 632.490 (Labeling fruit or vegetables as Oregon grown or packed), 632.516 (Establishment of grades and standards) to 632.625 (Violation of walnut and filbert law prohibited) or 632.900 (“Horticultural and agricultural products” defined) to 632.940 (Inspection and classification of horticultural and agricultural products by department) or ORS chapter 616 if:

(a) The commodity is being exported from the United States; and

(b) The commodity or commodity pack is transported in a shipping container that bears a label stating the commodity is for export only and bears any other labeling, information or markings the State Department of Agriculture determines by rule to be necessary for avoiding confusion, misrepresentation or deception regarding the commodity.

(3) A horticultural commodity or commodity pack that temporarily leaves the United States while in transit to a destination in the United States does not qualify for a labeling exemption under this section.

(4) If the exportation of a horticultural commodity is canceled, the commodity owner shall:

(a) Ensure that the commodity or commodity pack is relabeled in accordance with any applicable provisions of ORS 632.206 (Definitions for ORS 632.211 to 632.260) to 632.260 (Defendant in prosecution to plead any exemption), 632.450 (Definitions for ORS 632.450 to 632.485) to 632.490 (Labeling fruit or vegetables as Oregon grown or packed), 632.516 (Establishment of grades and standards) to 632.625 (Violation of walnut and filbert law prohibited) or 632.900 (“Horticultural and agricultural products” defined) to 632.940 (Inspection and classification of horticultural and agricultural products by department) or ORS chapter 616; or

(b) Dispose of the commodity or commodity pack in a manner approved by the department. [2017 c.12 §1]

1 Legislative Counsel Committee, CHAPTER 632—Production, Grading and Labeling Standards for Agricultural and Horticultural Products, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors632.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.