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 100

SHELLFISH SANITATION

603-100-0000

Definitions

As used in OAR 603-100-0000 to and including 603-100-0050 and in addition to the definitions set forth in ORS 622.010 and 622.080, the following shall apply:

(1) "Director" means the Director of the Department of Agriculture or authorized representative.

(2) "Certification Number" means the number assigned by the Department to each certified shellfish dealer. It consists of a one-to-five digit number preceded by the two-letter state abbreviation and followed by the two-letter symbol designating the type of operation certified.

(3) "Dealer" means every person or peddler engaged in the business of growing, harvesting, processing, or distributing shellfish. Dealers are certified and assigned a certification number by type of operation classified as follows:

(a) "Depuration processor (DP)" means a shellfish dealer who purchases or harvests shell stock from conditionally approved or restricted growing areas and submits such shell stock to an approved controlled purification process. Such dealers shall be certified as a shucker-packer and assigned a certification number designating depuration processor (DP) as the type of operation;

(b) "Distributor" means a jobber or wholesaler who furnishes or sells shellfish to retail outlets. Such dealers shall be certified as a distributor and assigned a certification number designating shellstock shipper (SS) as the type of operation;

(c) "Grower (GR)" means a dealer engaged in the business of growing shellfish intended for human consumption. Such dealers shall be certified as a grower and assigned a certification number designating (GR) as the type of operation;

(d) "Harvester (HV)" means a dealer who harvests shellfish intended for human consumption or employs persons to harvest shellfish intended for human consumption from growing areas. Such dealers shall be certified as harvesters and assigned a certification number designating harvester (HV) as type of operation;

(e) "Repackers (RP)" means dealers other than the original certified shucker-packer who repack shucked shellfish. Such dealers shall be certified as a shucker-packer, and assigned a certification number designating repacker (RP) as type of operation;

(f) "Reshippers (RS)" means dealers who receive shellfish, either shellstock or shucked stock in original containers from certified shellfish distributors and transship such shellfish to other dealers or to the final consumer. Such dealers will be certified as distributors, and assigned a certification number designating shellstock reshipper (RS) as the type of operation;

(g) "Shellstock shippers (SS)" means dealers who buy, sell, or ship shellstock. Such dealers will be certified as a distributor and assigned a certification number designating shellstock shipper (SS) as the type of operation. A shellstock shipper may ship shucked shellfish, but, is not authorized to shuck or repack shucked shellfish;

(h) "Shucker-packer (SP)" means dealers who shuck, pack, and repack shellfish. Such dealers will be certified as a shucker-packer and assigned a certification number designating shucker-packer (SP) as the type of operation.

(4) "Seed" means shellfish that are less than market size for human consumption and have a maximum shell length of:

(a) Thirteen millimeters (1/2 inch) for mussels;

(b) Twenty-five millimeters (1 inch) for scallops;

(c) Nineteen millimeters (3/4 inch) for Olympia oysters;

(d) Nineteen millimeters (3/4 inch) for Kumomoto oysters;

(e) Fifty-one millimeters (2 inches) for other oyster species;

(f) Thirty-eight millimeters (1 and 1/2 inch) for geoducks; and

(g) Thirteen millimeters (1/2 inch) for other clam species.

(5) "Shellfish" means:

(a) All edible species of oysters, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.

(b) All edible species of clams, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.

(c) All edible species of mussels, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.

(d) All edible species of scallops, either shucked or in the shell, fresh or frozen, whole or in part, except when the final product is the shucked adductor muscle only, and intended for human consumption.

(6) "State Waters" means waters that belong wholly to the state including the Territorial Sea out to the three mile limit.

Stat. Auth.: ORS 561.190 & 622.180
Stats. Implemented: ORS 622.180
Hist.: HD 24-1987, f. & ef. 11-30-87; AD 22-1993, f. & cert. ef. 12-15-93; Renumbered from 333-190-0000; DOA 1-2007, f. & cert. ef. 1-2-07; DOA 13-2012, f. 5-29-12, cert. ef. 1-1-13

603-100-0010

Sanitation of Shellfish Growing Areas and Harvesting, Processing and Distribution of Shellfish

As provided in ORS 622.180, the National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish, 2009 Revision, is hereby adopted as the rules governing this subject matter in Oregon. The material covered is that governing growing area survey and classification, controlled relaying, patrol of harvest areas, control of harvesting, aquaculture, laboratory and administrative procedures. In addition the rules cover the harvesting, handling and shipping of shellfish; wet storage; shucking and packing shellfish; shellfish shipping, heat shock, depuration and application of Hazardous Analysis Critical Control Point (HACCP). These rules are recommended by the Interstate Shellfish Sanitation Conference and the Food and Drug Administration of Health and Human Services.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561.190 & 622.180
Stats. Implemented: ORS 622.180
Hist.: HD 24-1987, f. & ef. 11-30-87; AD 22-1993, f. & cert. ef. 12-15-93; Renumbered from 333-191-0000; DOA 11-1999, f. & cert. ef. 6-4-99; DOA 1-2007, f. & cert. ef. 1-2-07; DOA 13-2012, f. 5-29-12, cert. ef. 1-1-13; DOA 4-2014, f. & cert. ef. 2-24-14

Shellfish Facilities Plan Review

603-100-0030

Submission of Plans

(1) Plans for a new shellfish plant or storage facility construction or existing plant remodeling shall be submitted to the Department for review and approval at least 90 days prior to actual construction.

(2) Plans shall be submitted as blue-prints, photostats, or original drawing using India ink on substantial drawing paper. The following information shall be included in the plans:

(a) Plot plan of grounds on which building is to be constructed or addition is to be located showing size of area and boundaries;

(b) Floor and elevation plans drawn to scale showing the accurate location of equipment;

(c) Specifications and design detail of equipment, location of plumbing fixtures, and materials used in all processing and storage areas;

(d) If a privately owned public water system is used, plans meeting the specifications of OAR 333-061-0005 through 333-061-0095, Public Water Systems, must be submitted to and approved by the appropriate agency.

Stat. Auth.: ORS 561.190 & ORS 622.180
Stats. Implemented: ORS 622.180
Hist.: HD 24-1987, f. & ef. 11-30-87; AD 22-1993, f. & cert. ef. 12-15-93; Renumbered from 333-198-0010

603-100-0040

Growers and Harvesters

(1) Growers and Harvesters must deliver shellfish intended for human consumption to a shellfish shipper certified by the Oregon Department of Agriculture within 24 hours of harvest.

(2) Growers and Harvesters may only sell shellfish intended for human consumption to shellfish shippers certified by the Oregon Department of Agriculture.

Stat. Auth.: ORS 561.190 & 622.180
Stats. Implemented: ORS 622.180
Hist.: DOA 1-2007, f. & cert. ef. 1-2-07

603-100-0050

Shellstock Harvesting and Distribution from Non-Interstate Approved Harvest Areas

(1) Each tag of any shellstock harvested from a non-interstate approved harvest area shall include the following statement in bold capitalized type, “OREGON DISTRIBUTION ONLY.”

(a) This requirement is in addition to the Shellstock Identification requirements found in the 2009 Version of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.

(2) Any person listed in the Interstate Certified Shellfish Shipper List (ICSSL) shall not sell or possess shellstock harvested from a non-interstate approved harvest area.

Stat. Auth.: ORS 561.190 & 622.180
Stat. Implemented: ORS 622.180
Hist.: DOA 13-2012, f. 5-29-12, cert. ef. 1-1-13

Fees

603-100-0100

Certificate Fees; Rules

As provided in ORS 622.080, the Oregon Department of Agriculture establishes the following fees for persons engaged in the growing, production, harvesting or distribution of shellfish:

(1) Persons who receive $50,000 or less in annual gross income from all shellfish operations shall pay:

(a) $300 for a certificate of shellfish sanitation as a shucker-packer, or repacker. For a person operating a shellfish shucking, packing or repacking plant for the distribution of shellfish;

(b) $200 for a certificate of shellfish sanitation as a grower. For a person engaged in the business of growing shellfish;

(c) $200 for a certificate of shellfish sanitation as a distributor, reshipper, or shellstock shipper. For any jobber or wholesaler who furnishes or sells shellfish to retail outlets;

(d) $125 for a certificate of shellfish sanitation as a commercial harvester. For any person harvesting clams or mussels for commercial purposes.

(2) Persons who receive more than $50,000, but not more than $500,000 in annual gross income from all shellfish operations shall pay:

(a) $600 for a certificate of shellfish sanitation as a shucker-packer, or repacker. For a person operating a shellfish shucking, packing or repacking plant for the distribution of shellfish;

(b) $400 for a certificate of shellfish sanitation as a grower. For a person engaged in the business of growing shellfish;

(c) $450 for a certificate of shellfish sanitation as a distributor, reshipper, or shellstock shipper. For any jobber or wholesaler who furnishes or sells shellfish to retail outlets;

(d) $200 for a certificate of shellfish sanitation as a commercial harvester. For any person harvesting clams or mussels for commercial purposes.

(3) Persons who receive more than $500,000 in annual gross income from all shellfish operations shall pay:

(a) $1,200 for a certificate of shellfish sanitation as a shucker-packer, or repacker. For a person operating a shellfish shucking, packing or repacking plant for the distribution of shellfish;

(b) $800 for a certificate of shellfish sanitation as a grower. For a person engaged in the business of growing shellfish;

(c) $900 for a certificate of shellfish sanitation as a distributor, reshipper, or shellstock shipper. For any jobber or wholesaler who furnishes or sells shellfish to retail outlets;

(d) $250 for a certificate of shellfish sanitation as a commercial harvester. For any person harvesting clams or mussels for commercial purposes.

Stat. Auth.: ORS 561.190 & 622.080
Stat. Implemented: ORS 622.080
Hist.: DOA 25-2012, f. 10-30-12, cert. ef. 1-1-13

603-100-0110

Annual Fees

As provided in ORS 622.290, the Oregon Department of Agriculture establishes the following annual cultivation fees for the use of state lands to cultivate oysters, clams, or mussels:

(1) For growing areas that have been classified as prohibited, persons shall pay $5 per year for each acre claimed pursuant to Chapter 675, Oregon Laws 1969, or claimed pursuant to a plat made subsequent thereto.

(2) For growing areas that have been classified as approved, conditionally approved, restricted, or conditionally restricted shall pay $14 per year for each acre claimed pursuant to Chapter 675, Oregon Laws 1969, or claimed pursuant to a plat made subsequent thereto.

Stat. Auth.: ORS 561.190 & 622.290
Stat. Implemented: ORS 622.290
Hist.: DOA 25-2012, f. 10-30-12, cert. ef. 1-1-13

Civil Penalties

603-100-0900

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 & 622.996
Stat. Implemented: ORS 622.996
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

603-100-0910

Definitions

As used in OAR 603-100-0920 through 603-100-0930, unless otherwise required by the context, the following terms will be construed to mean:

(1) “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.

(2) “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.

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

(4) “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.

(5) "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.

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

(7) "Violation" means the failure to comply with any requirement of ORS 622.010 to 622.180, or any rule adopted thereunder.

Stat. Auth.: ORS 561.190 & 622.996
Stat. Implemented: ORS 622.996
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

603-100-0920

Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190 or 622.992, the Department may impose a civil penalty with respective amounts for:

(1) Acting as a dealer without the certificate or certificates of shellfish sanitation issued by the Department as explained in ORS 622.020. Penalty — $5,000 to $10,000.

(2) Operating outside of the geographic area specified in a validated certificate of shellfish sanitation as explained in ORS 622.040. Penalty — $5,000 to $10,000.

(3) A dealer failing to display the certificate of a dealer or certificates of shellfish sanitation in accordance with the rules of ORS Chapter 622. Penalty — $100.

(4) A dealer sending or accepting any shellfish without a signed statement in accordance with ORS 622.160. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(5) A dealer who gathers or receives shellfish from any source other than designated in the certificate or certificates of shellfish sanitation and fails to keep accurate records of the amount and source of such shellfish, fails to retain the records for at least 90 days, or fails to provide access to the Department for inspection as explained in ORS 622.170. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(6) Interference with a lawful inspection under ORS 622.180(2)(a). Penalty -- $5,000 to $10,000.

(7) Interference with the taking of samples as requested by the Department under ORS 622.180(2)(b). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(8) Interference with the Department’s condemnation, removal from sale, or destruction of any shellfish that are unfit for consumption, from an uncertified source, or are improperly certified as explained in ORS 622.180(1)(c). Penalty — $5,000 to $10,000.

(9) Violation of any requirement for dealers or harvesters found in the National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish, 2009 Revision. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(10) Failure of a grower or harvester to deliver shellfish intended for human consumption to a certified shellfish shipper within 24 hours of harvest as explained in OAR 603-100-0040. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(11) Failure to tag shellstock harvested from non-interstate approved harvest areas pursuant to OAR 603-100-0050. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

Stat. Auth.: ORS 561.190 & 622.996
Stat. Implemented: ORS 622.996
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

603-100-0930

Penalty factors; procedure

(1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 621.995, 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 shellfish.

(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 603-024-0910 will be assessed as three times the penalty amount in OAR 603-024-0910, 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 & 622.996
Stat. Implemented: ORS 622.996
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​