Loading
The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF AGRICULTURE

 

DIVISION 22

EGGS

Oregon State Egg Seal; Printing, Imprinting, Sale, and Use

603-022-0005

Definitions

For the purpose of OAR 603-022-0010 to 603-022-0055:

(1) "Container" means any box, case, basket, carton, sack, bag, rack or other receptacle in which eggs are placed.

(2) "Fee" means the sum established by the Department as provided for by ORS 632.715 and prescribed by OAR 603-022-0010 for egg handlers first selling eggs in Oregon.

(3) "Oregon grading" means grading made on a lot of eggs at a plant where the eggs are graded and packed.

(4) "Permit Number" means an identification number issued by the Department or a USDA plant number issued to an egg handler to be placed on the container in which eggs are sold to the consumer.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.811
Hist.: AD 800(7-65), f. 8-3-65, ef. 1-1-66; AD 1079(3-67), f. & ef. 2-3-76; AD 10-1988, f. 12-19-88, cert. ef. 1-1-89; DOA 24-2004, f. & cert. ef. 10-28-04

603-022-0010

Oregon State Egg Fee

A fee of 2 1/2 mills per dozen eggs is hereby established for eggs first sold in Oregon.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.811
Hist.: AD 800(7-65), f. 8-3-65, ef. 1-1-66; AD 985(1-73), f. 1-5-73, ef. 2-1-73; AD 16-1977, f. 7-15-77, ef. 8-1-77; AD 10-1988, f. 12-19-88, cert. ef. 1-1-89

603-022-0025

Payment of Fees

Each handler first selling eggs in Oregon shall complete, sign, and forward to the Department, on forms provided by the Department, a monthly report showing the dozen eggs first sold to consumers in Oregon. The report for each month, along with the fees due as shown on the report, are due no later than the 30th days of the month following the month in which the eggs were first sold.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.811
Hist.: AD 800(7-65), f. 8-3-65, ef. 1-1-66; AD 10-1988, f. 12-19-88, cert. ef. 1-1-89

603-022-0055

Display of Assigned Permit Number on Container

(1) The Department will assign each egg handler a permit number to be placed on egg containers that they first sell in Oregon. If the egg handler is located outside of Oregon and has been assigned a permit number by another State, the Department will accept that number as the assigned permit number.

(2) The assigned permit number must appear on the end or side of the consumer egg container in bold face letters at least 1/8 inch in height.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.811
Hist.: AD 1079(3-76), f. & ef. 2-3-76; AD 10-1988, f. 12-19-88, cert. ef. 1-1-89

Definitions and Standards of Identity for Eggs

[ED. NOTE: Administrative Order AD 816(4-66) repeals AD 118, AD 620, and AD 639, former rules 603-022-0100 through 603-022-0200.]

603-022-0101

Eggs and Egg Products

As provided in ORS 632.811, the regulations governing this subject matter, adopted by the Food and Drug Administration of the United States Department of Health, Education, and Welfare and in effect as of April 1, 2001, are hereby adopted as the rules governing this subject matter in Oregon. Such federal regulations are contained in Title 21, Chapter 1, Part 160 of the Code of Federal Regulations and entitled "Eggs and Egg Products".

Stat. Auth.: ORS 561 & 632
Stats. Implemented: ORS 632.811
Hist.: AD 1075(21-75), f. & ef. 12-31-75; AD 7-1982, f. & ef. 7-9-82; DOA 24-2004, f. & cert. ef. 10-28-04

Standards for Quality of Individual Shell Eggs

[ED. NOTE: Administrative Order AD 977 (10-72) repeals previous rules 603-022-0300 through 603-022-0365 (AD 810(17-65) and AD 816(4-66)).]

603-022-0300

Application

(1) The Oregon standards for quality of individual shell eggs contained in this subpart are applicable only to eggs that are the product of the domesticated chicken hen and are in the shell.

(2) Interior egg quality specifications for these standards are based on the apparent condition of the interior contents of the egg as it is twirled before the candling light. Any type or make of candling light may be used that will enable the particular grader to make consistently accurate determination of the interior quality of shell eggs.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 977(10-72), f. 8-28-72, ef. 9-15-72

603-022-0305

Quality Grade Standards

(1) AA Quality. The shell must be clean, unbroken, and practically normal. The air cell must not exceed 1/8 inch in depth, may show unlimited movement, and may be free or bubbly. The white must be clear and firm so that the yolk is only slightly defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.

(2) A Quality. The shell must be clean, unbroken, and practically normal. The air cell must not exceed 3/16 inch in depth, may show unlimited movement, and may be free or bubbly. The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.

(3) B Quality. The shell must be unbroken, may be abnormal and may have slightly stained areas. Moderately stained areas are permitted if they do not cover more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered. Eggs having shells with prominent stains or adhering dirt are not permitted. The air cell may be over 3/8 inch in depth, may show unlimited movement, and may be free or bubbly. The white may be weak so that the yolk outline is plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged and flattened, and may show clearly visible germ development but no blood due to such development. It may show other serious defects that do not render the egg inedible. Small blood spots or meat spots (aggregating not more than 1/8 inch in diameter) may be present.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.811
Hist.: AD 977(10-72), f. 8-28-72, ef. 9-15-72; AD 1079(3-76), f. & ef. 2-3-76; AD 7-1982, f. & ef. 7-9-82

603-022-0310

Definitions

(1) "Adulterated" means eggs of possible edible quality that fail to meet the requirements of an official Oregon grade or that have been contaminated by smoke, chemicals, or other foreign material which has seriously affected the character, appearance, or flavor of the eggs.

(2) Dirty. An individual egg that has an unbroken shell with adhering dirt or foreign material, prominent stains, or moderate stains covering more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered.

(3) Check. An individual egg that has a broken shell or crack in the shell but with its shell membranes intact and its contents do not leak. A "check" is considered to be lower in quality than a "dirty."

(4) "Inedible Eggs" means eggs of the following descriptions are classed as inedible: Black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring state), and any eggs that are adulterated as such term is defined pursuant to the federal Food, Drug, and Cosmetic Act, 21 U.S.C. 342.

(5) "Leaker" means an individual egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exuding or free to exude through the shell.

(6) "Loss" means an egg that is inedible, smashed, or broken so that contents are leaking, cooked, frozen, contaminated, or containing bloody whites, large blood spots, large unsightly meat spots, or other foreign material.

(7) Terms descriptive of the shell:

(a) Clean. A shell that is free from foreign material and from stains or discolorations that are readily visible. An egg may be considered clean if it has only very small specks, stains or cage marks, if such specks, stains or cage marks are not of sufficient number or intensity to detract from the generally clean appearance of the egg. Eggs that show traces of processing oil on the shell are considered clean unless otherwise soiled;

(b) Dirty. A shell that is unbroken and that has dirt or foreign material adhering to its surface, which has prominent stains, or has moderate stains covering more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered;

(c) Practically normal (AA or A quality). A shell that approximates the usual shape and that is sound and is free from thin spots. Ridges and rough areas that do not materially effect the shape and strength of the shell are permitted;

(d) Abnormal (B quality). A shell that may be somewhat unusual or decidedly misshapen or faulty in soundness or strength or that may show pronounced ridges or thin spots.

(8) Terms descriptive of the air cell:

(a) Depth of air cell (air space between shell membranes, normally in the large end of the egg). The depth of the air cell is the distance from its top to its bottom when the egg is held air cell upward;

(b) Free air cell. An air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly;

(c) Bubbly air cell. A ruptured air cell resulting in one or more small separate air bubbles usually floating beneath the main air cell.

(9) Terms descriptive of the white:

(a) Clear. A white that is free from discolorations or from any foreign bodies floating in it. (Prominent chalazas should not be confused with foreign bodies such as spots or blood clots.)

(b) Firm (AA quality). A white that is sufficiently thick or viscous to prevent the yolk outline from being more than slightly defined or indistinctly indicated when the egg is twirled. With respect to a broken-out egg, a firm white has a Haugh unit value of 72 or higher when measured at a temperature between 45 degrees and 60 degrees F.

(c) Reasonably firm (A quality). A white that is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely which results in a fairly well defined yolk outline when the egg is twirled. With respect to a broken-out egg, a reasonably firm white has a Haugh unit value of 60 to 72 when measured at a temperature between 45 degrees and 60 degrees F.

(d) Weak and watery (B quality). A white that is weak, thin and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, thus causing the yolk outline to appear plainly visible and dark when the egg is twirled. With respect to a broken-out egg, a weak and watery white has a Haugh unit value lower than 60 when measured at a temperature between 45 degrees and 60 degrees F.

(e) Blood spots or meat spots. Small blood spots or meat spots (aggregating not more than 1/8 inch in diameter) may be classified as B quality. If larger, or showing diffusion of blood into the white surrounding a blood spot, the egg shall be classified as Loss. Blood spots shall not be due to germ development. They may be on the yolk or in the white. Meat spots may be blood spots which have lost their characteristic red color or tissue from the reproductive organs.

(10) Terms descriptive of the yolk:

(a) Outline slightly defined (AA quality). A yolk outline that is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled.

(b) Outline fairly well defined (A quality). A yolk outline that is discernible but not clearly outlined as the egg is twirled.

(c) Outline plainly visible (B quality). A yolk outline that is clearly visible as a dark shadow when the egg is twirled.

(d) Enlarged and flattened (B quality). A yolk in which the yolk membranes and tissues have weakened and/or moisture has been absorbed from the white to such an extent that the yolk appears definitely enlarged and flat.

(e) Practically free from defects (AA or A quality). A yolk that shows no germ development but may show other very slight defects on its surface.

(f) Serious defects (B quality). A yolk that shows well developed spots or areas and other serious defects, such as olive yolks, which do not render the egg inedible.

(g) Clearly visible germ development (B quality). A development of the germ spot on the yolk of a fertile egg that has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence.

(h) Blood due to germ development. Blood caused by development of the germ in a fertile egg to the point where it is visible as definite lines or as a blood ring. Such an egg is classified as inedible.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.811
Hist.: AD 977(10-72), f. 8-28-72, ef. 9-15-72; AD 1079(3-76), f. & ef. 2-3-76; AD 7-1982, f. & ef. 7-9-82; DOA 24-2004, f. & cert. ef. 10-28-04

603-022-0320

Summary of Oregon Standards for Quality of Individual Shell Eggs

Specifications for each quality factor are those set forth in Table 1.

[ED NOTE: The Table referenced in this rule is not printed in the OAR Compilation. Copies are available from the Department of Argriculture.]

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.811
Hist.: AD 977(10-72), f. 8-2-72, ef. 9-15-72; AD 1079(3-76), f. & ef. 2-3-76; AD 7-1982, f. & ef. 7-9-82

603-022-0325

General

(1) These grades are applicable to edible shell eggs in "lot" quantities rather than on an "individual" egg basis. A lot may contain any quantity of two or more eggs. Reference in these standards to the term "case" means 30 dozen egg cases as used in commercial practices in Oregon. The size of the sample used to determine grade shall be on the basis of the requirements as set out in Table 2. For each additional 50 cases, or fraction thereof, in excess of 600 cases, one additional case shall be included in the sample. A minimum of 100 eggs per sample case shall be examined. For lots which consist of less than one case, 50 eggs shall be examined and, in instances when there are less than 50 eggs in a lot, all eggs shall be examined.

(2) Terms used in this section that are defined in the Oregon standards for quality of individual shell eggs have the same meaning in this section as in those standards.

(3) Aggregate tolerances are permitted within each consumer grade only as an allowance for variable efficiency and interpretation of graders, normal changes under favorable conditions during reasonable periods between grading and inspection, and reasonable variation of graders' interpretation.

(4) Substitution of higher qualities for the lower qualities specified is permitted.

(5) The percentage requirements for grades as set forth in OAR 603-022-0330 and 603-022-0335 are applicable except that interior quality factors shall be determined in accordance with the definitions of OAR 603-022-0310(8), (9), and (10) when the lot is labeled.

[ED NOTE: Tables referenced in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 977(10-72), f. 8-2-72, ef. 9-15-72; AD 1079(3-76), f. & ef. 2-3-76; DOA 24-2004, f. & cert. ef. 10-28-04

603-022-0330

Oregon Consumer Grades for Shell Eggs

(1) At origin:

(a) Oregon Consumer Grade AA, or U.S. Consumer Grade AA (at origin), shall consist of eggs which are at least 87 percent AA quality. The maximum tolerance of 13 percent which may be below AA quality may consist of A or B quality in any combination, except that within the tolerance for B quality not more than one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than 5 percent (seven percent for Jumbo size) Checks are permitted and not more than 0.50 percent Leakers, Dirties or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30 percent. Other types of Loss are not permitted.

(b) Oregon Consumer Grade A, or U.S. Consumer Grade A (at origin), shall consist of eggs which are at least 87 percent A quality or better. Within the maximum tolerance of 13 percent which may be below A quality, not more than one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than five percent (seven percent for Jumbo size) Checks are permitted and not more than 0.50 percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30 percent. Other types of Loss are not permitted.

(c) Oregon Consumer Grade B, or U.S. Consumer Grade B (at origin), shall consist of eggs which are at least 90 percent B quality or better, not more than ten percent may be Checks and not more than 0.50 percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30 percent. Other types of Loss are not permitted.

(2) At destination:

(a) Oregon Consumer Grade AA, or U.S. Consumer Grade AA (destination), shall consist of eggs which are at least 72 percent AA quality. The remaining tolerance of 28 percent shall consist of at least ten percent A quality and the remainder shall be B quality, except that within the tolerance for B quality not more than one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than seven percent (nine percent for Jumbo size) Checks are permitted and not more than 1 percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination except that such Loss may not exceed 0.30 percent. Other types of Loss are not permitted.

(b) Oregon Consumer Grade A, or U.S. Consumer Grade A, (destination) shall consist of eggs which are at least 82 percent A quality or better. Within the maximum tolerance of 18 percent which may be below A quality, not more than one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects. Not more than seven percent (nine percent for Jumbo size) Checks are permitted and not more than one percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30 percent. Other types of Loss are not permitted.

(c) Oregon Consumer Grade B, or U.S. Consumer Grade B, (destination) shall consist of eggs which are at least 90 percent B quality or better, not more than ten percent may be Checks and not more than one percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of Loss are not permitted.

(3) Additional tolerances:

(a) In lots of two or more cases:

(A) For Grade AA -- No individual case may exceed ten percent less AA quality eggs than the minimum permitted for the lot average.

(B) For Grade A -- No individual case may exceed ten percent less A quality eggs than the minimum permitted for the lot average.

(C) For Grade B -- No individual case may exceed ten percent less B quality eggs than the minimum permitted for the lot average.

(b) For Grades AA, A, and B, no lot shall be rejected or downgraded due to the quality of a single egg except for Loss other than blood or meat spots.

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.811
Hist.: AD 977(10-72), f. 8-2-72, ef. 9-15-72; AD 7-1982, f. & ef. 7-9-82; DOA 24-2004, f. & cert. ef. 10-28-04

603-022-0335

Summary of Grade Tolerances

The Summary of Oregon Consumer Grades for Shell Eggs, and Tolerances for Individual Case Within a Lot, are set forth in Tables 3 and 4.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS 632.811
Hist.: AD 977(10-72), f. 8-2-72, ef. 9-15-72; AD 1079(3-76), f. & ef. 2-3-76; AD 7-1982, f. & ef. 7-9-82

603-022-0340

Weight Classes

(1) The weight classes for Oregon Consumer Grades for Shell Eggs shall be as indicated in Table 5 and shall apply to all consumer grades.

(2) A lot average tolerance of 3.3 percent for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds five percent.

[ED NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 977(10-72), f. 8-2-72, ef. 9-15-72; DOA 24-2004, f. & cert. ef. 10-28-04

603-022-0345

Labeling

Each egg container or subcontainer shall be plainly marked in boldface type letters which are in contrast with background color with:

(1) The name and address of the producer, wholesaler, or retailer by or for whom the eggs were packed; Oregon plant number or USDA plant number, marking required by ORS 616.800 et seq., and the full, correct, and unabbreviated designation of the grade and size in accordance with the provisions of ORS Chapter 632 and OAR 603-022-0305 and 603-022-0340.

(2) Grade and size marking shall appear on the outside top face of containers holding less than 15 dozen in lettering of not less than 1/4 of an inch in height.

(3) Grade and size marking shall appear on the end of container holding 15 dozen or more eggs in lettering of not less than 1/2 of an inch in height.

(4) Description and type of marking required by ORS 616.800 et seq., shall be approved by and placed on file with the Department.

(5) All labeling requirements of this section, with exception of sections (2) and (3) of this rule relating to grade and size labeling, shall appear prominently on the container with the exception of the marking required by ORS 616.800 et seq., which may appear on the end or back of the container.

(6) There shall be no abbreviation of correct grade and size designation on signs required by ORS Chapter 632 to be on bulk containers of eggs being held or offered for sale.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 977(10-72), f. 8-2-72, ef. 9-15-72; AD 1079(3-76), f. & ef. 2-3-76; DOA 24-2004, f. & cert. ef. 10-28-04

603-022-0350

Advertisements

(1) No person shall in any manner advertise the price of any eggs for sale at retail without including in the advertisement a prominent statement of the correct grade and size of such eggs according to the grades and standards prescribed by this order.

(2) No eggs other than grade AA or A shall be sold, offered for sale, or advertised for sale in any manner as "fresh eggs," "ranch eggs," "farm eggs," or to represent the same to be fresh.

(3) The provisions of section (1) and (2) of this rule do not apply to a producer selling ungraded eggs of his own production on the premises where such eggs are produced.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 977(10-72), f. 8-2-72, ef. 9-15-72

Sanitation Standards for Egg Candling and Grading Facilities and Establishments

603-022-0500

Candling and Grading Room

(1) Size and location. A separate room shall be provided of adequate size and location to accommodate in a sanitary manner the equipment and volume of eggs being candled and graded for human consumption as shell eggs.

(2) Floor:

(a) Floor shall be constructed of washable materials, tight, reasonably smooth, and in good repair;

(b) Floor drains shall be provided where floors are subjected to flood type cleaning or where normal operations release or discharge water or liquid wastes on floor;

(c) Floor shall be kept clean.

(3) Walls and ceiling:

(a) Walls and ceiling shall be kept clean, in good repair, and free of cobwebs and dust;

(b) Ceiling shall be dust tight if space overhead is used for storage or other purposes.

(4) Doors and windows. Effective means shall be provided to prevent entrance insofar as practicable of insects, rodents, and dust.

(5) Lighting and ventilation:

(a) Ample natural and/or artificial lighting shall be provided for egg handling, cleaning, candling, and grading operations;

(b) Adequate ventilation shall be provided to maintain room reasonably free from strong and undesirable odors, dust, and excessive condensation.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 811(18-65), f. 12-21-65, ef. 1-1-66

603-022-0505

Toilet Room and Waste Disposal

(1) The toilet room shall be conveniently located and constructed and plumbed to comply with Oregon State Health Division requirements. The toilet room shall not open directly into the candling and grading room.

(2) Toilet room, dressing room, and fixtures shall be kept in a clean condition, in good repair, and shall be well ventilated and lighted.

(3) Toilet room shall be also equipped with handwashing facilities including soap and sanitary towels. No person or employee shall resume work after going to the toilet without first washing his hands.

(4) A sanitary covered waste disposal container shall be provided where needed.

(5) Sewage and other liquid wastes disposal system shall comply with Oregon State Health Division requirements.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 811(18-65), f. 12-21-65, ef. 1-1-66

603-022-0510

Supply Area

A room or storage space area shall be provided for empty egg cartons, fillers, flats, cases, and other supplies used in the grading, packing, and storage of eggs. The storage area shall be kept clean, in good repair, and free of contaminating substances or products.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 811(18-65), f. 12-21-65, ef. 1-1-66

603-022-0515

Holding or Cold Room

Graded and ungraded eggs and shall be stored in a manner to that they prevent cross-contamination and shall be kept clean, free of mold and objectionable odors, and properly lighted. The room shall be so constructed and equipped so that a temperature not to exceed 45 degrees F. can be maintained.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 811(18-65), f. 12-21-65, ef. 1-1-66; AD 1079(3-76), f. & ef. 2-3-76; DOA 24-2004, f. & cert. ef. 10-28-04

603-022-0520

Water Supply

Water under pressure shall be available to grading and candling area or room for cleaning purposes. Such water shall be from a supply properly located, protected, and operated, and shall be easily accessible, adequate, and of a safe, sanitary quality.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 811(18-65), f. 12-21-65, ef. 1-1-66

603-022-0525

Cleaning Eggs

(1) Equipment and facilities shall be provided where necessary for cleaning eggs.

(2) Eggs may be dry cleaned or washed. If eggs are dry cleaned, the equipment shall be of a sanitary type, and kept clean and in good repair.

(3) The washing solution shall be changed with sufficient frequency to maintain it in reasonably clean condition.

(4) Temperature of the wash water shall be at least 20°F higher than the temperature of the eggs being washed.

(5) Cloth or wash rags shall not be used for cleaning eggs unless they are of a sanitary single service type. Single service paper toweling may be used.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 811(18-65), f. 12-21-65, ef. 1-1-66

603-022-0530

Sanitizing Cleaned Eggs

All washed eggs shall be spray-rinsed with water containing an approved type sanitizing agent.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 811(18-65), f. 12-21-65, ef. 1-1-66; DOA 24-2004, f. & cert. ef. 10-28-04

603-022-0535

Candling and Grading Eggs

Eggs shall be candled and graded in accordance with the provisions of OAR 603-022-0300 through 603-022-0350 relating to egg quality and size grade standards and tolerances.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 811(18-65), f. 12-21-65, ef. 1-1-66; AD 1079(3-76), f. & ef. 2-3-76

603-022-0540

Packaging and Labeling Eggs

(1) Only clean fillers, flats, subcontainers, and containers shall be used for packaging eggs.

(2) Containers and subcontainers shall be labeled in accordance with the requirements of OAR 603-022-0345.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 811(18-65), f. 12-21-65, ef. 1-1-66; AD 1079(3-76), f. & ef. 2-3-76

603-022-0545

Protection from Contamination

(1) Employees handling cleaned eggs shall keep hands clean.

(2) Sanitary metal containers shall be provided at candling station for disposal of leakers and inedible eggs. Such container shall be emptied at least daily, washed and sanitized prior to usage.

(3) Insecticides and rodenticides used shall be of an approved type, stored in a safe place, and used as directed.

(4) If eggs are oil treated, the oil used shall be clean, free of off odors, and protected from contamination.

(5) The entrance or harboring of all vermin including domestic pets shall be prevented insofar as practicable to the room and areas used for grading, storage of supplies, and eggs.

(6) All floors, candling, and grading equipment shall be thoroughly cleaned after each day's use or more frequently if necessary.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 811(18-65), f. 12-21-65, ef. 1-1-66

Sanitary Standards for Egg Products and Egg Products Plant Facilities and Establishments

603-022-0600

Definitions

As used in OAR 603-022-0600 through 603-022-0710.

(1) "Department" means the State Department of Agriculture.

(2) "Egg Meats" or "Egg Products" means the white, yolk, or any part of eggs, in liquid, frozen, dried, or any other form, used, intended, or held for use in the preparation of, or to be a part of or mixed with, food or food products for human consumption.

(3) "Eggs" means eggs in the shell from chickens, turkeys, ducks, geese, or any other specie of fowl.

(4) "Egg Products Plant" or "Egg Breaking Plant" means any place or establishment where eggs or egg products are broken, processed, pasteurized, packaged, or prepared for distribution in liquid, frozen, or dried condition.

(5) The term "Pasteurization," "Pasteurized," or similar terms denoting pasteurization shall be taken to refer to heating every particle of egg or egg products to such temperature and holding at such temperature for a period of time sufficient for the purpose of rendering the eggs or egg products free of salmonella or other pathogenic micro-organisms in properly operated equipment as shall be approved by the Department; provided, that nothing contained in this definition shall be construed as disbarring any other process which has been demonstrated to be equally efficient and is approved by the Department.

(6) "Sanitize" or "Sanitizing" means to subject to a germicidal agent or bactericidal treatment process approved by the Department.

(7) "Stabilization" means the subjection of any egg product to a de-sugaring process.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 811(18-65), f. 12-21-65, ef. 1-1-66; DOA 24-2004, f. & cert. ef. 10-28-04

603-022-0605

Plant Requirements

The sanitation standards for egg candling and grading facilities and establishments shall be those established in OAR 603-025-0020 and by the USDA Egg Products Inspection Act, 21 U.S.C. 1031, et seq.

Stat. Auth.: ORS 561.190 & ORS 632.811
Stats. Implemented: ORS 632.811
Hist.: AD 811(18-65), f. 12-21-65, ef. 1-1-66; DOA 24-2004, f. & cert. ef. 10-28-04

Civil Penalties

603-022-0900

Purpose

The Oregon Department of Agriculture Food Safety Program licenses and inspects all facets of Oregon’s food distribution system, except restaurants, to ensure food is safe for consumption. Education and technical assistance are vital to the prevention, correction, and abatement of food safety violations, and are preferred over regulatory action. However, regulatory action may be necessary to deter violations of food safety laws and rules, to educate persons about the consequences of such violations, and to compel compliance with food safety laws for the protection of consumers. The Department intends to initiate civil penalty actions when educational measures, technical assistance, warning letters, compliance agreements or other remedial measures fail to achieve compliance.

Stat. Auth.: ORS 561.190, 632.995
Stat. Implemented: ORS 632.995
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

603-022-0910

Definitions

As used in OAR 603-022-0920 through 603-022-0930, unless otherwise required by the context, the following terms will be construed to mean:

(1) “Department” means the Oregon Department of Agriculture.

(2) “Federal Act” has the meaning in ORS 632.705(12).

(3) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction.

(4) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur.

(5) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences.

(6) “Moderate,” with respect to violations, means an incident, or series of incidents that may cause temporary or medically reversible adverse health consequences, or where the probability of serious adverse health consequences is remote.

(7) "Repeat violation" means the recurrence of the same violation for each 24-hour period after a notice of noncompliance or assessment of civil penalty was issued within the preceding three years. It does not include a violation if the previous notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed.

(8) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation.

(9) "Violation" means the failure to comply with any requirement of ORS 632.705 to 632.815, or any rules adopted thereunder.

Stat. Auth.: ORS 561.190, 632.995
Stat. Implemented: ORS 632.995
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

603-022-0920

Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190, 632.990, or 619.993 the Department may impose a civil penalty with respective amounts for:

(1) Violation of the licensing requirements of ORS 632.715(1). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(2) Failure to conspicuously display original or duplicate licenses as required in ORS 632.715(3). Penalty — $100.

(3) Engaging in the commercial breaking of eggs for the purpose of recovering therefrom, for human food, the whites, yolks or whole egg meats, or any part thereof, for resale as such, without first obtaining from the Department of Agriculture a permit to do so pursuant to ORS 632.730. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000

(4) Failure to pay a fee or fees pursuant to ORS 632.741. Penalty — $1,000 to $5,000.

(5) Failure to meet the invoicing requirements or record retention requirements of ORS 632.745. Penalty — $500 to $5,000.

(6) Failure to construct, maintain and utilize plant facilities and equipment utilized in processing eggs or egg products in accordance with the rules promulgated under the federal Act or promulgated by the Department. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000

(7) Interference with a lawful inspection authorized under ORS 632.761(1). Penalty — $5,000 to $10,000.

(8) Interference with the seizure, embargo or detention, in accordance with the provisions of ORS 561.605 to 561.630, of any eggs or egg products determined to be in violation of the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto. Penalty — $5,000 to $10,000.

(9) Interference with condemnation in accordance with the provisions of ORS 616.740, of any plant premises, facilities, equipment, containers or vehicles determined to be in violation of the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto. Penalty — $5,000 to $10,000.

(10) Violation of the labeling or advertising requirements of ORS 632.771. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(11) Selling eggs for human consumption in previously used consumer containers bearing the brand, trademark or officially designated number of another egg handler, unless the same is removed or defaced as explained in ORS 632.786(1). Penalty — $100 to $5,000.

(12) As a retailer, selling eggs from a bulk display without displaying the placard required by ORS 632.771(3). Penalty — $100 to $5,000.

(13) Delivering or selling eggs for human consumption that have been incubated or have been in either an artificial or natural incubator as explained in ORS 632.786(6). Penalty — $100 to $5,000.

(14) Delivering or selling for human consumption ova from slaughtered birds of any species as explained in ORS 632.786(7). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(15) Selling any eggs or egg products that are adulterated or misbranded as explained in ORS 632.786(8). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(16) Selling any eggs as fresh eggs unless they are of the quality or grade prescribed for fresh eggs by the Department or the Federal Act as explained in ORS 632.786(9). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(17) Selling egg products for human consumption that have not been pasteurized, or as a food processor purchasing egg products that have not been pasteurized as explained in ORS 632.786(10). Penalty — $1,000 to $5,000.

(18) Advertising eggs or egg products in violation of the standards or requirements prescribed by the Department as explained in ORS 632.786(11). Penalty — $1,000 to $5,000.

(19) Using containers in the bulk sale of eggs that bear the trademark of another egg handler without the consent of the registrant of such trademark as explained in ORS 632.786(12). Penalty — $1,000 to $5,000.

(20) Failure to maintain sanitation standards of OAR 603-022-0500 through 603-022-0545, relating to egg candling and grading facilities and establishments. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Minor — $7,001 to $10,000.

Stat. Auth.: ORS 561.190, 632.995
Stat. Implemented: ORS 632.995
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

603-022-0930

Penalty factors; procedure

(1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 632.995, the Department shall consider the following factors, which are listed in prioritized order:

(a) The immediacy and extent to which the violation threatens the public health or safety.

(b) Any prior violations of statutes, rules or orders pertaining to eggs.

(c) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.

(2) Each 24-hour period a violation continues after the period of time established for compliance will be considered a separate violation unless the Department finds a different period of time is more appropriate to describe the specific violation event.

(3) Repeat violations of OAR 603-022-0910 will be assessed as three times the penalty amount in OAR 603-022-0910, not to exceed $10,000.

(4) A civil penalty imposed under this rule will comply with ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the mailing or personal service of the notice of civil penalty.

Stat. Auth.: ORS 561.190, 632.995
Stat. Implemented: ORS 632.995
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​