Loading
The Oregon Administrative Rules contain OARs filed through October 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 53

INSPECTION FEES

603-053-0100

Fees and Charges for Hop Sampling and Analytical Services

The following fees and charges are established for hop sampling and analytical services:

(1) Lot inspection -- $1.25 per bale (Minimum Charge -- $35 per lot);

(2) 17¢ per bale additional for brewers value;

(3) Supplemental Certificate -- $6 per certificate.

Stat. Auth.: ORS 561.190, ORS 570.450, ORS 632 & ORS 633
Stats. Implemented: ORS 632.940 & ORS 632.945
Hist.: AD 455, f. 7-14-53, ef. 7-27-53; AD 1100(21-76), f. & ef. 7-20-76; AD 11-1981, f. & ef. 7-6-81; AD 14-1986, f. & ef. 10-27-86; AD 15-1991, f. & cert. ef. 9-10-91

603-053-0200

Inspection Fees For Agricultural Products

The following fees and charges are established for grading, inspection, and certification of horticultural and agricultural products and processes. Fees will be established in an amount reasonably necessary to cover the cost of providing grading, inspection, certification and auditing in the Shipping Point Inspection program and administration of the program pursuant to ORS 632.940:

(1) Separate fees and hourly rates for inspection of fresh products at specific facilities may be available upon request. At the option of the department, fees and hourly rates may be established for specific facilities at an amount reasonably necessary to cover the cost of services rendered. Such fees and hourly rates shall be calculated by determining the costs, including administrative overhead, for providing the service to the specific facility. Fees and rates established pursuant to this section supersede the fee schedule and rates established herein.

(2) Regular inspection and Expense Guarantee: Regular inspection fees are established in an amount reasonably necessary to cover the cost of providing the services and administration of the program in each of the Shipping Point Inspection Districts. An expense guarantee may be part of the regular inspection charges. Expense Guarantee: When service is requested that will require the assignment of an inspector at a point where the volume of work, at regular fee schedule, would not be adequate to cover the costs of the service, an expense guarantee may be required. This guarantee may include:

(a) A charge for a minimum of four hours of service at a rate of $ 60 per hour unless otherwise specified by contract;

(b) Travel time at the rate of $ 60 per hour;

(c) Mileage at the rate per mile established by the Department of Administrative Services;

(d) Eight hours per day at $ 60 per hour for a minimum of five days per week Monday through Friday during the assignment;

(e) When regular fees equal or exceed the Expense Guarantee, the regular Fee Schedule shall apply;

(f) Credit may be given towards the Expense Guarantee for any work performed for other applicants;

(g) Overtime charges shall be in addition to the Expense Guarantee.

(3) Fresh Product Grade and Condition Certification:

(a) All Fresh Fruit and Vegetables (except Onions and Potatoes):

(A) 65 lbs. Or less net — 6-1/2¢ per container;

(B) Bulk or bulk bins — $ 3.25 per ton

(b) Brine Cherries:

(A) 15,500 lbs. or less — $ 43;

(B) 15,501 to 31,250 lbs. — $ 50;

(C) 31,251 to 37,500 lbs. — $ 57;

(D) Quantities in excess of 37,500 lbs. — 18¢ per cwt. for the overage;

(c) Onions: — 12¢ per cwt.

(d) Potatoes: — 12¢ per cwt.;

(A) Certified Seed — 12¢ per cwt.;

(B) Diversion — 8¢ per cwt.

(e) Tree Nuts;

(A) Filberts Inshell — 20¢ per cwt.;

(B) Walnuts Inshell — 28¢ per cwt.;

(C) Filbert Kernels — 38¢ per cwt.;

(D) Shelled Walnuts — 48¢ per cwt.

(4) Inspection of Product for Processing: Fees and hourly rates for inspecting fruits and vegetables intended for processing shall be established on a separate, uniform basis for each facility. The fees and hourly rates shall be set at an amount reasonably necessary to cover the cost of services rendered. Such fees and hourly rates shall be calculated by determining the costs, including administrative overhead, for providing the service to the specific facility.

(5) Certification and Third-Party Audit Services Fees: All certification and third-party audit services will be provided on a first come, first served basis as qualified auditing staff is available. These include: USDA National Organic Program (NOP) certification, USDA Good Agricultural Practices/Good Handling Practices (GAP/GHP), USDA Produce GAPs Harmonized Standard, Global Food Safety Initiative benchmarked audit schemes and additional industry or private standards as requested. Audit fees will be applied to all services for accredited programs or for additional audit standards as requested by the industry. The cost for such services may include:

(a) A charge for a minimum of four hours of service at a rate of $92 per hour;

(b) Travel time at the rate of $92 per hour;

(c) Mileage, lodging and per diem reimbursed at rates established by the Department of Administrative Services;

(d) Annual application fees for USDA National Organic Program (NOP) certification at $250 for first-time applicants and $100 for renewal applications; and

(e) Certification fees for Global Food Safety Initiative benchmarked schemes at $300 per certificate, or per site.

(6) Minimum Certificate Charge: When small lots are written up to meet a specific need in an operating packing house, of a commodity which is being inspected on a regular basis, the minimum certificate charge shall be calculated on the regular schedule for that commodity with a $ 10 minimum fee.

(7) Mileage Charges: Mileage may be charged in addition to all inspection fees or time charges, at the rate per mile established by the Department of Administrative Services, when travel is required.

(8) Special Services or Determinations: When platform inspections, checkloading, checkweighing, count certification, sealing, or other special services are requested, then at the option of the Department the fee, hourly charge, and/or the minimum number of hours per day, per week or period, may be agreed upon by prior written contractual agreement between the applicant or applicants and the Department. In no case, however, shall such charges be less than is necessary to completely reimburse the Department for its total costs of furnishing such services. The provisions of this section supersede the other fee schedules and provisions relating thereto.

(9) Off Grade or Size Certification: When containers of rejected commodity are not emptied by the close of the business day, an off grade certificate shall be issued covering the total amount of rejected commodity and the regular fee schedule shall be applied.

(10) Overtime Charges: For all inspection services performed during the following times (which will be considered overtime), the regular inspection fees or hourly charges shall be charged plus $ 30 per hour for all time involved. Overtime charges shall be figured to the nearest one-half hour:

(a) After eight hours shed operation (per scheduled shift) or 6:00 p.m., whichever comes first, on Monday through Friday of each week;

(b) At any time on Saturdays or Sundays; and

(c) At any time on any day which is declared by law to be a holiday for state employees.

(11) Overtime Service Charge: The minimum overtime service charge for Saturdays, Sundays and other legal holidays shall be four hours.

(12) No Service Days: No service will be given on Thanksgiving, Christmas, or New Years days.

(13) Standardization Inspection Charges: Produce requiring inspection under ORS 632, arriving on Oregon terminal markets without evidence of inspection or without request for inspection being made to the Department prior to arrival will be assessed double the applicable fee stated in the fee schedule and a state certificate will be issued.

(14) Extra Service Charge: When extra service is requested in conjunction with grade and condition certification, an additional charge at the applicable fee stated per hour may be made for additional time used to make these determinations. Time shall be figured to the nearest 1/2 hour.

(15) Additional Certificates: When it is necessary to issue extra certificates, certificate copies, or superceded certificates, a charge of $ 10 for each certificate shall be made. When the cost to issue the certificates exceed $10, the hourly rate shall apply. When it is necessary to issue extra certificates or supercede certificates due to errors of Inspection Service, no charge will be made.

(16) Phytosanitary or Federal FV-294 Certificates or Federal FV-184 Certificates (extra service charge for sampling and inspection):

(a) When in conjunction with and at the time of grade inspection — 2¢ per cwt.;

(b) When not grade inspected or at time of inspection, the hourly inspection fee will apply plus — 2¢ per cwt.;

(c) Minimum service charge for each certificate issued — $10.

(17) Fumigation Certificates: When fumigation certification is requested, a charge at the applicable rate per hour will be made for all time required, including travel time, plus mileage at a rate established by the Department of Administrative Services.

Stat. Auth.: ORS 561.190, 632.940 & 632.945
Stats. Implemented: ORS 632.940 & 632.945
Hist.: AD 562, f. & ef. 10-7-57; AD 611, f. 7-10-59; AD 672, f. 6-29-61; AD 767, f. & ef. 7-17-63; AD 799(6-65), f. 6-30-65, ef. 7-15-65; AD 854(26-67), f. 9-26-67, ef. 10-1-67; AD 886(16-68), f. 8-21-68, ef. 10-1-68; AD 904(10-69), f. 8-29-69, ef. 9-8-69; AD 973(6-72), f. 7-11-72, ef. 8-1-72; AD 1037(27-74), f. 8-20-74, ef. 9-11-74; AD 1069(15-75), f. 9-5-75, ef. 9-25-75; AD 13-1979, f. 9-28-79, ef. 10-1-79; AD 10-1983, f. & ef. 8-22-83; AD 2-1991, f. & cert. ef. 2-15-91; AD 17-1992, f. & cert. ef. 11-30-92; AD 11-1994, f. 8-30-94, cert. ef. 9-1-94; AD 9-1996, f. & cert. ef. 7-26-96; DOA 7-1999, f. & cert. ef. 4-26-99; DOA 28-2000, f. & cert. ef. 10-13-00; DOA 27-2002, f. & cert. ef. 12-23-02; DOA 19-2006, f. & cert. ef. 11-2-06; DOA 18-2012, f. & cert. ef. 6-12-12

603-053-0300

Produce Dealers License Fees

The following annual produce dealer license fees are established as provided for in ORS 585.050:

(1) Wholesale Produce Dealers License -- $70. In addition, each wholesale produce dealer shall pay a fee of $5 for each motor vehicle used by the wholesale produce dealer in business to transport produce.

(2) Retail Produce Peddlers License -- $15. This fee entitles the retail produce peddler to the use of one vehicle. The retail produce dealer shall pay an additional $15 for each additional vehicle used in the business.

(3) Produce Cash Buyers License -- $65. Cash buyers may purchase a motor vehicle produce license for $5 for each vehicle used in the produce business, if desired.

Stat. Auth.: ORS 561 & ORS 585
Stats. Implemented: ORS 585.010 - ORS 585.220
Hist.: AD 10-1990, f. & cert. ef. 5-16-90

Shipping Point Advisory Committee

603-053-0400

Definitions

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

(2) "Director" means the Director of the Department of Agriculture.

(3) "Shipping Point Inspection Program (SPI)" means the state and/or federal inspection program for fruits, vegetables and nuts.

Stat. Auth.: ORS 561.190, ORS 632.940 & ORS 632.945
Stats. Implemented: ORS 632.940 & ORS 632.945
Hist.: DOA 6-1999, f. & cert. ef. 4-26-99

603-053-0410

Purpose

The Department will establish an advisory committee for the Shipping Point Inspection Program (SPI). The SPI Advisory Committee will represent a balanced cross section of the affected industries as well as a geographic representation across the state. The Committee's primary role is to advise the Department on matters relating to the administration of the Shipping Point Inspection Program and may make recommendations concerning the inspection and certification services rendered by the Department.

Stat. Auth.: ORS 561.190, ORS 632.940 & ORS 632.945
Stats. Implemented: ORS 632.940 & ORS 632.945
Hist.: DOA 6-1999, f. & cert. ef. 4-26-99

603-053-0420

Committee Members

The SPI Advisory Committee will consist of 13 members representing applicants of the SPI Program including growers, shippers, packers, and processors. Members shall be appointed by the Director. The term of each member will be three years from the date of appointment, except initial terms of one, two and three years will be used to stagger the terms of the Committee members. Vacancies in office will be filled by appointment for the unexpired term.

Stat. Auth.: ORS 561.190, ORS 632.940 & ORS 632.945
Stats. Implemented: ORS 632.940 & ORS 632.945
Hist.: DOA 6-1999, f. & cert. ef. 4-26-99; DOA 22-2001, f. & cert. ef. 9-20-01

603-053-0430

Officers and Ex Officio

The Director or an official representative shall serve as ex-officio members without the right to vote.

Stat. Auth.: ORS 561.190, ORS 632.940 & ORS 632.945
Stats. Implemented: ORS 632.940 & ORS 632.945
Hist.: DOA 6-1999, f. & cert. ef. 4-26-99; DOA 22-2001, f. & cert. ef. 9-20-01

603-053-0440

Meetings

The Committee will meet at the call of the Director or an official representative at least once annually. A majority of the members constitutes a quorum (7 members constitutes a quorum), a majority vote of the quorum at any meeting shall constitute an official action (a minimum of 4 members).

Stat. Auth.: ORS 561.190, ORS 632.940 & ORS 632.945
Stats. Implemented: ORS 632.940 & ORS 632.945
Hist.: DOA 6-1999, f. & cert. ef. 4-26-99; DOA 22-2001, f. & cert. ef. 9-20-01

603-053-0450

Travel and Miscellaneous Expenses

Each member of the Committee, may, with the approval of the Director, be reimbursed for the actual and necessary expenses incurred in the performance of his or her official duties. However, members may not receive any consideration for serving on the Committee. The reimbursement shall be made at the rate established by the Department of Administrative Services. The Department will provide Committee members with the State of Oregon Travel Expense Detail Sheets to be completed within 60 days of incurred expenses.

Stat. Auth.: ORS 561.190, ORS 632.940 & ORS 632.945
Stats. Implemented: ORS 632.940 & ORS 632.945
Hist.: DOA 6-1999, f. & cert. ef. 4-26-99

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​