§ 616.683 — Regulatory exemption for sales location and farm direct marketer of certain agricultural products; rules

Oregon § 616.683

• Jurisdiction: Oregon
• Vol.: 15
• Title 49: Food and Other Commodities
• Ch. 616: General and Miscellaneous Provisions

Text

(1) Except as provided in subsection (8) of this section, the following are not subject to ORS 616.695 to 616.755:
(a) The use of space by a farm direct marketer for the sale, or exposure or offering for sale, of agricultural products described in subsection (2) of this section by the farm direct marketer.
(b) The sale, or exposure or offering for sale, of agricultural products described in subsection (2) of this section by a farm direct marketer.
(c) The storage or preparation of agricultural products identified for sale by a farm direct marketer.
(2) Subsection (1) of this section applies to farm direct marketer sales, and consignment sales, of the following types of agricultural products:
(a) Fresh fruit, vegetables and herbs.
(b) Fruit, vegetables and herbs, if those items are cured or dried by the agricultural producer as part of routine post-harvest handling.
(c) Dried or freeze-dried fruits, vegetables and herbs for which drying is not part of routine post-harvest handling, or herbal tea or a blend of dried herbs, if:
(A) The principal ingredients are grown by the agricultural producer; and
(B) The product is labeled with a list of ingredients and the name and address of the agricultural producer.
(d) Shelled nuts and unshelled nuts, if those items are cured or dried by the agricultural producer as part of routine post-harvest handling.
(e) Fruit-based syrups, preserves, jams, fruits and vegetables, and fruit and vegetable juices, if those items are:
(A) Producer-processed products;
(B) Acidic foods;
(C) Labeled with a list of ingredients and the name and address of the agricultural producer; and
(D) Bottled, packaged, water-bath canned or steam canned by an agricultural producer that during the preceding calendar year had annual sales of fruit-based syrups, preserves and jams, fruits and vegetables, and fruit and vegetable juices, described in subparagraphs (A) to (C) of this paragraph that in total did not exceed $50,000.
(f) Shell eggs.
(g) Honey, if not combined with other food ingredients.
(h) Olive oil.
(i) Whole, hulled, crushed or ground grains, legumes and seeds, if of a type customarily cooked before consumption.
(j) Parched or roasted grains, if of a type customarily cooked before consumption.
(k) Tree-sap-based solid sugar, cream and liquid syrup products that are made by heating sap from trees of the genuses Acer or Juglans and have a solids content of not less than 66 percent by weight, or 66 degrees Brix, and to which nothing has been added.
(L) Popcorn, nuts, peppers and corn on the cob, if those items are roasted at the place of purchase by the agricultural producer after purchase and not sold for immediate consumption.
(m) Products identified by the State Department of Agriculture by rule.
(3) Subsection (1) of this section does not apply to foods that have been commingled.
(4) Title to agricultural products sold on consignment remains with the consigning agricultural producer until the products are sold to consumers. Agricultural products sold on consignment must be clearly and conspicuously labeled with the name and business address of the consigning agricultural producer.
(5) Subsection (1) of this section applies to Internet sales of agricultural products described in subsection (2) of this section by a farm direct marketer, as long as the Internet sales:
(a) Are to persons within this state; or
(b) Comply with any applicable federal requirements concerning interstate sales of agricultural products.
(6) A farm direct marketer may contract with a third party for delivery, marketing or other facilitation of sales of agricultural products described in subsection (2) of this section, subject to the provisions of this section and any rules adopted under ORS 616.686.
(7)(a) In addition to any other required labeling, agricultural products described in subsections (2)(e) to (k) of this section shall bear on the label a statement informing consumers that the product is not prepared in an inspected food establishment. Except as provided in paragraph (b) of this subsection, the required wording for the label statement is: “This product is homemade and is not prepared in an inspected food establishment.”
(b) The department may adopt rules specifying alternative wording for the label statement required under paragraph (a) of this subsection to the extent that the alternative wording is necessary in order to comply with federal requirements.
(8) The department may require that a farm direct marketer or the space used by the farm direct marketer be licensed under ORS 616.695 to 616.755, if the farm direct marketer or the person in control of the space used by the farm direct marketer refuses to comply with a department rule adopted under ORS 616.686 or 616.700 for keeping the space used by the farm direct marketer in a clean, healthful and sanitary condition or for ensuring the condition and safety of the food the farm direct marketer provides to retail purchasers.

Legislative History

2011 c.288 §2; 2013 c.84 §3; 2017 c.88 §1; 2019 c.249 §1; 2023 c.181 §1