(b) Except as provided in subsection (7) of this section, the sale, or exposure or offering for sale, of agricultural products described in subsections (2) and (3) of this section by a farm direct marketer does not make the farm direct marketer or a consigning agricultural producer subject to ORS 616.695 to 616.755. Except as provided in subsection (7) of this section, the storage or preparation of agricultural products identified for sale by a farm direct marketer does not make the farm direct marketer subject to ORS 616.695 to 616.755.
(2) Subsection (1) of this section applies to farm direct marketer 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 fruits, vegetables and herbs for which drying is not part of routine post-harvest handling, 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, 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 or canned by an agricultural producer that during the preceding calendar year had annual sales of fruit-based syrups, preserves and jams, fruits and vegetables described in subparagraphs (A) to (C) of this paragraph that in total did not exceed $20,000 or a higher limit established by State Department of Agriculture rule under ORS 616.686.
(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) 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.
(L) Products identified by the department by rule.
(3) Subsection (1) of this section applies to consignment sales of the following types of agricultural products:
(a) Fresh fruits, 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) Unshelled nuts that are cured or dried by the agricultural producer as part of routine post-harvest handling.
(d) Shell eggs, if the producer or the seller is licensed as an egg handler.
(e) Honey, if not combined with other food ingredients.
(f) Olive oil.
(g) Products identified by the department by rule.
(4) Subsection (1) of this section does not apply to foods that have been commingled.
(5) 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.
(6)(a) In addition to any other required labeling, agricultural products described in subsections (2)(e) to (j) or (3)(d) to (f) 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.
(7) 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. [2011 c.288 §2; 2013 c.84 §3; 2017 c.88 §1; 2019 c.249 §1]
Note: See note under 616.680.
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 616 - General and Miscellaneous Provisions
Section 616.020 - Surveys, investigations and inquiries by Oregon Health Authority.
Section 616.073 - Policy and prohibitions on sulfite use; exceptions.
Section 616.077 - Oregon Health Authority rules; exception.
Section 616.205 - Definitions for ORS 616.205 to 616.385.
Section 616.215 - Prohibited acts.
Section 616.223 - Processing of reclaimed fish for food banks; sale and purchase exemption.
Section 616.225 - Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity.
Section 616.230 - Definitions and standards; conformity to federal regulations; rules.
Section 616.235 - When food deemed adulterated; rules.
Section 616.250 - When food deemed misbranded; rules.
Section 616.286 - Inspection and investigation powers of department.
Section 616.295 - Reports and information issuable by department.
Section 616.330 - Alcoholic beverage exemption.
Section 616.333 - Diethylstilbestrol use in food; label.
Section 616.345 - Rules governing use of pesticide chemicals.
Section 616.350 - Control of food additives; rules.
Section 616.355 - Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350.
Section 616.360 - Standards for rules.
Section 616.555 - Definitions for ORS 616.555 to 616.585.
Section 616.565 - Calorie content information for combination or multiserving items.
Section 616.570 - Menus, menu boards and food tags; additional information; disclaimer.
Section 616.575 - Rules; typical values for alcoholic beverages.
Section 616.580 - Inspections; notice and opportunity to cure violation; penalties.
Section 616.585 - Local disclosure requirements prohibited.
Section 616.590 - Lack of cause of action or claim.
Section 616.680 - Definitions for ORS 616.680, 616.683 and 616.686.
Section 616.686 - Farm direct marketing rules.
Section 616.695 - Definitions for ORS 616.695 to 616.755.
Section 616.706 - Licenses; sanctions; changes; posting; cancellation; fees; rules.
Section 616.708 - Additional users of establishment; fees; rules.
Section 616.711 - Where licenses not required; when ORS 616.695 to 616.755 not applicable.
Section 616.713 - Unauthorized food establishments.
Section 616.716 - When inspection authorized; ORS 616.695 to 616.755 in addition to other laws.
Section 616.718 - Waiver of routine inspection; rules.
Section 616.721 - Exemption from ORS 616.695 to 616.755 for federally inspected establishments.
Section 616.735 - When insanitary conditions exist.
Section 616.740 - Condemnation where insanitary conditions exist.
Section 616.745 - Handling of food by diseased persons prohibited; rules.
Section 616.775 - Definitions for ORS 616.775 to 616.790.
Section 616.805 - Definitions for ORS 616.800 to 616.835 and 616.994.
Section 616.830 - Altering labels or using nonconforming labels prohibited.
Section 616.835 - Rulemaking authority.
Section 616.850 - Definitions for ORS 616.850 to 616.890.
Section 616.855 - Items exempt from unit pricing requirements.
Section 616.860 - Unit pricing of packaged consumer commodities required; explanation to consumers.
Section 616.892 - Single-use plastic straws; penalties.
Section 616.894 - Local plastic straw laws.
Section 616.997 - Civil penalties; rules; hearing; disposition of moneys.