2015 ORS 632.940¹
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]

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)

Atty. Gen. Opinions

Mandatory produce inspec­tion by Depart­ment of Agriculture under 1973 law, (1973) Vol 36, p 720


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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 632, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano632.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.