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Manufacturing, marketing & certification
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Article Content
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| Dairy production |
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| ORS Chapter 621 and OAR 603-24-605 to 603-24‑651 require fluid milk production
in Oregon to be grade A with one exception. The Oregon Department of
Agriculture licenses and inspects all dairy farms and plants that do not
qualify for the small-scale, on-farm exception (ORS 621.012) in order to ensure
food safety and consumer protection.
Permits and licenses
Prior to becoming licensed, all prospective licensees-dairy
farms (those farms that are not subject to the small-scale, on-farm exception)
and dairy plants must submit a construction plan for the facility to Oregon
Department of Agriculture, Food Safety Program. Every dairy facility must be
approved before an ODA license can be issued. Additionally, a pre-operation
inspection is required before production can begin.
Fees
Gross sales volume
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Annual fee (2012-2013)
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$0-$50,000
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$135
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$50,001-$500,000
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$189
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$500,001-$1,000,000
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$325
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$1,000,001-$5,000,000
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$487
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$5,000,001-$10,000,000
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$649
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$10,000,000+
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$812
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Inspections
ODA inspectors, who are licensed environmental health
specialists, inspect dairy production and distribution facilities a minimum of
two times per year. The inspections are typically unannounced, and consist of a
visual inspection of facilities and may include sampling of the milk or water.
Repeat violations discovered during an inspection may result in suspension of
grade privileges. Adulterated products will be embargoed.
Technical assistance
Oregon Department of Agriculture
Food Safety Program
635 Capitol St NE
Salem, OR 97301-2532
Phone 503-986-4720
Web oregon.gov/ODA/FSD
Oregon State University
Animal Science Department
Phone 541-737-4926 or
541-737-3316
Food Science and Technology Department
Phone 541-737-3463 or 541-737-6520
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| Direct marketing, roadside stands, and farmers' markets |
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| Farmers' markets and roadside stands are a popular venue to shop for fresh and local foods from Oregon. As market numbers increase and the number of participants grow, market participants need to stay informed of guidelines and requirements regarding food safety and measurement standards at the market.
Who must comply?
The general rule is that vendors who do not hold a current, valid ODA license for a location other than the farmers’ market must obtain a license from ODA to sell at a farmers’ market. There are several exceptions to the general rule.
An entity that administers and manages a group of vendors, “farmers’ market management,” is not currently required by ODA to be licensed as a “food establishment” under, ORS 616.706.
Farmers who bring their own fresh fruits and vegetables to a farmers’ market are not required to be licensed. OAR 6003-025-0030.
Vendors who hold a current, valid ODA license for a “bricks and mortar” food establishment are not required to obtain an additional license to sell at farmers’ markets as long as all food processing and preparation (including sample preparation) is done at the licensed location, not at the market.
HB 2336 (Farm Direct Bill)
HB 2336 passed by the 2011 Legislature, exempts from licensing, agricultural producers (farmers) selling what they grow and process directly to retail customers; however, not all foods are eligible for an exemption. For example, the sale of meat, poultry, fish, and dairy in any form are not eligible for an exemption. Furthermore, there is a cap on unlicensed sales of $20,000. For a complete list of the foods eligible for an exemption under the Farm Direct Bill, please refer to HB 2336, Enrolled.
Web leg.state.or.us/11reg/measpdf/hb2300.dir/hb2336.en.pdf
Farm direct sales may include sales at farmers’ markets, community supported agriculture drop sites, buying clubs, church bazaars, and other venues. However, HB 2336 does not allow for commingling of agricultural products from more than one producer. Furthermore, HB 2336 does not change licensing requirements for selling through stores, restaurants, and institutions.
Scales
Vendors who operate scales used for commercial purposes (buying, selling, or processing commodities by weight, and using those weights to determine charges or payments), in Oregon, must obtain an annual scale license for each device from the ODA’s Weights and Measures Program, as provided in, ORS 618.121.
Permits and licenses
Any vendor needing a license to sell at a farmers’ market must obtain his/her license prior to participating in a farmers’ market. To obtain a license, a prospective licensee must apply for a license, meet and consult with a food safety inspector, and pay a license fee. Contact the ODA’s Food Safety Program by calling: 503-986-4720 to begin the licensee application process.
Any vendor operating a scale for commercial purposes needs to license that scale prior to use. Contact ODA’s Weights and Measures Program, by calling 503-986-4670 to begin the licensing application process.
Inspections
Because most vendors at a farmers’ market location are either exempt from licensing or have a license for a “bricks and mortar” establishment, farmers’ markets are not generally inspected. However, to insure the safety and wholesomeness of the food being offered for sale at the markets, ODA inspectors, who are licensed environmental health specialists, periodically conduct audits at farmers’ market locations, checking principally for cleanliness, cross contamination, and temperature abuse.
The Weights and Measures Program examines all licensed weighing and measuring devices in the state, usually within a 12-14 month time period. The examination includes making sure the device is National Type Evaluation Program (NTEP) approved, accurate, and being used in the proper manner and application.
Technical assistance
Current information related to farmers’ markets
Oregon Department of Agriculture
Food Safety Program
635 Capitol St NE
Salem, OR 97301-2532
Phone 503-986-4720
Fax 503-986-4729
Web oregon.gov/ODA/FSD
Guidelines related to weighing and measuring
Oregon Department of Agriculture
Weights and Measures Program
635 Capitol St NE
Salem, OR 97301-2532
Phone 503-986-4670
Fax 503-986-4784
Web oregon.gov/ODA/MSD
Marketing or promotional assistance
Oregon Department of Agriculture
Market Development Program
1207 NW Naito Parkway, Suite 104
Portland, OR 97209-2832
Phone 503-872-6600
Fax 503-872-6601
Web oregon.gov/ODA/ADMD
Questions about license requirements for temporary restaurants and food for immediate consumption at the market
Local County Health Department
Web public.health.oregon.gov/ProviderPartnerResources/LocalHealthDepartmentResources
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| Field inspections for export seed certification |
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Who must comply?
Many states and foreign countries require a phytosanitary
certificate for the importation of seed crops. Often, regulations require a
growing season inspection by an official certifying agency in the country of
origin, and the results of the inspection must be recorded on the phytosanitary
certificate. Inspectors at the Oregon Department of Agriculture, Market Access
Program, are qualified to carry out these inspections.
Application
Growers or companies producing seed for export who require
phytosanitary certificates for their crops, should contact the Oregon
Department of Agriculture, Market Access Program to request an application for
field inspection of seed for export. Applications must be postmarked by April 1
for fall planted or perennial crops and May 1 for spring planted crops.
Phone 503-986-4620
Web http://oregon.gov/ODA/CID/PLANT_HEALTH/pages/applications.aspx
Fees
Inspection fees are currently $6.50 per acre with a $50 per
field minimum and $450 per field maximum. There is also a $3 fee for processing
each application. Bean seed fields inspected for certification for replanting
in Malheur County are charged a fee of $3.50 per acre, with a minimum per field
charge of $30. Contact the Market Access Program to verify the fee schedule.
Reports
Inspection reports are currently issued at the request of
the grower or company. Reports can generally be issued within 48 hours of
request.
Technical assistance
Oregon Department of Agriculture
Market Access Program Area
Seed Field Inspection Program
Dr. Shawn Meng 503-986-4661
Web oregon.gov/ODA/CID/PLANT_HEALTH/pages/seed_crop_field_disease_inspec_program.aspx
US Department of Agriculture
Federal phytosanitary certificates
Portland, OR
Phone 503-326-2814
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| Food processing |
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Definitions
In Oregon, food processing includes: cooking, baking,
heating, drying, mixing, grinding, churning, separating, extracting, cutting,
freezing, or otherwise manufacturing a food or changing the physical
characteristics of a food. Food processing also means the packaging, canning,
or otherwise enclosing of such food in a container, but does not mean the
sorting, cleaning, or water-rinsing of a food.
Who must comply?
If you are making a food product and offering it to others
for consumption, then you must be licensed by the ODA, unless those consuming
your product are limited to family members. Licenses are issued for bakeries,
food processors, domestic kitchens, and any other place that makes food not
intended for immediate consumption.
Permits and licenses
Prior to becoming licensed, all prospective licensees
(bakeries, food processors, domestic kitchens, and the like) must submit a
facility plan for review to: Oregon Department of Agriculture, Food Safety
Program, 635 Capitol St NE, Salem, OR 97301-2532. Additionally, a food safety
inspector must inspect and approve every food processing facility before an ODA
license can be issued and production can begin.
Inspections
ODA inspectors working in the Food Safety Program are
registered environmental health specialists. Food safety inspectors inspect
food establishments as required, based on risk. Generally, inspections are
conducted between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday.
The inspections are typically unannounced, and consist of a visual inspection
of facilities as well as an investigation into processing and employee
practices. Violations discovered during an inspection may result in a range of
regulatory actions, depending on the severity of the violation. Possible
regulatory actions may include, but are not limited to: a warning letter,
embargo, cease and desist order, and license suspension.
Technical assistance
Oregon Department of Agriculture
Food Safety Program
635 Capitol St NE
Salem, OR 97301-2532
Phone 503-986-4720
Fax 503-986-4729
Web oregon.gov/ODA/FSD
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| Global Food Safety Inititive (GFSI) Audit Programs |
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Oregon Department of Agriculture offers GFSI benchmarked
audits to the following standards: GlobalG.A.P., PrimusGFS, and SQF through a
partnership agreement with NCSI Americas. These third-party auditing services
are performed on a voluntary, fee-for-service basis. This service gives Oregon
producers access to local auditors, familiar with farming operations within the
Northwest to meet market requirements for these certification services.
Producers or handlers wanting more information about these
programs should contact the Oregon Department of Agriculture.
Technical assistance
Oregon Department of Agriculture
Market Access Program Area
635 Capitol St NE
Salem, OR 97301-2532
Phone 503-986-4620
Email gfsi@oda.state.or.us
Web oregon.gov/ODA/CID/pages/gfsi.aspx
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| Good Agricultural Practices and Good Handling Practices (GAP/GHP) |
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USDA federal-state audit program
Oregon Department of Agriculture offers Good Agricultural
Practices and Good Handling Practices (GAP/GHP) audits under the USDA,
Federal-State Audit Program. These audits, based on the Food and Drug
Administration “Guidelines to Minimize Microbial Food Safety Hazards for Fresh
Fruits and Vegetables,” are part of a nationally recognized cooperative
partnership between USDA, the state of Oregon and other federal-state
inspection services. These auditing services are performed on a voluntary
basis. This service gives the consumers of Oregon’s produce confidence that
they have not only purchased the best quality produce and tree nuts available,
but they were cared for and handled in a manner to reduce potential contamination.
Producers and handlers that have completed the GAP/GHP
program and pass an onsite audit are listed on the USDA Fresh Products Branch
website for their customers and future customers to review. Producers or
handlers wanting more information about the program should contact the Oregon
Department of Agriculture.
Technical assistance
Oregon Department of Agriculture
Market Access Program
635 Capitol St NE
Salem, OR 97301-2532
Phone 503-986-4620
Web oregon.gov/ODA/CID/Pages/ghp_gap.aspx
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| Grain inspection |
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Who must comply?
The US Grain Standards Act was passed by Congress on August
11, 1916 for the purpose of establishing a third-party, uniform inspection
system for use in marketing grain. Although no actions are required of the
farmer pertinent to the official inspection or weighing of farmers’ grain under
the Federal Grain Inspection Service (FGIS) standards, it is against the law to
deliberately adulterate grain, e.g., add fumigant or insecticide for the
purpose of masking musty or sour or commercially objectionable foreign odor.
Further, it is against the law to deceptively load a truck
or trailer with inferior quality grain on the bottom so as to prevent the
inferior grain from being included in the probe sample obtained by official
inspection personnel. There are other prohibited grain handling practices too
numerous to include, but which can be explained by FGIS or Oregon Department of
Agriculture officials. Other Environmental Protection Agency (EPA), Food and
Drug Administration (FDA), or Occupational Safety and Health Administration
(OSHA) laws must be adhered to when pertinent. Offenses are subject to general
penal statutes and could result in fines and/or imprisonment.
Some states are officially delegated to perform export
inspection and weighing services, but at this time Oregon is not operating in
this capacity. FGIS operates in export locations where state delegated agencies
are absent. The US Grain Standards Act establishes and maintains official US
standards for barley, wheat, corn, canola, flaxseed, oats, rye, sorghum,
soybeans, sunflower seed, triticale, and mixed grain.
Technical assistance
For information regarding the Grain Standards Act,
regulations, and grading standards, contact FGIS, Portland Field Office,
503-326-7887. Groups of farmers, county elevator operators, and other
interested parties may request grain grading seminars to be conducted by FGIS
field office personnel at the Albers Mill location.
US Department of Agriculture, GIPSA
FGIS Portland Field Office
1100 NW Naito Pkwy
Portland, OR 97209-2818
Phone 503-326-7887
Fax 503-326-7896
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| Market development |
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The Market Development Program offers an integrated program
to address market and development needs of Oregon’s farmers, fishers, ranchers,
food processors, and food manufacturers.
Our program operates in five principal areas:
- Local business and market development
- Regional and national market development
- International market development
- Business development
- Commodity commission oversight
We have integrated our program to provide a stepwise
approach to meet the needs of Oregon producers and processors. Creating
sustainable opportunity for Oregon agriculture is at the core of what we do.
We actively partner with other agencies and organizations to
extend the reach of services we provide to Oregon agriculture.
Technical assistance
Oregon Department of Agriculture
Market Development Program
1207 NW Naito Parkway, Suite 104
Portland, OR 97209-2832
Phone 503-872-6600
Web oregon.gov/ODA/ADMD
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| Organic certification |
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Background
The US Department of Agriculture (USDA) National Organic
Program (NOP) requires that all products labeled “organic” must be certified by
a USDA accredited certifying agent. Producers whose organic gross sales are
$5,000 or less, are exempted from organic certification, but must still follow
USDA NOP standards. The Oregon Department of Agriculture has been an accredited
organic certifying agent since 2009.
All certification services are conducted on a voluntary,
fee-for-service basis. The Oregon Department of Agriculture certifies organic
operations for crop production and handling.
Technical assistance
Certification, standards, and general information
Find out how to have your operation certified organic to the
National Organic Program (NOP) standards.
Oregon Department of Agriculture
Market Access and Certification Program Area
Phone 503-986-4620
Email cid-organic@oda.state.or.us
Web oregon.gov/ODA/CID/pages/organic.aspx
US Department of Agriculture
National Organic Program
1400 Independence Ave SW, Rm. 4008-S, Ag Stop 0268
Washington, DC 20250
Phone 202-720-3252
Fax 202-205-7808
Web ams.usda.gov/nop
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| Organic Cost Share Reimbursement |
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The Organic Cost Share Reimbursement Program is funded
through the Farm Bill and funds are made available annually through the USDA to
applicant states. The program provides reimbursement to growers, processors,
and handlers who obtain organic certification from any USDA accredited
certifier. The Oregon Department of Agriculture administers these funds for
qualified Oregon residents.
Growers, producers, and handlers are eligible to receive
reimbursement for 75 percent of certification fees, up to a maximum of $750 per
certification or category of certification, per year. The National Organic
Program (NOP) currently recognizes four categories of certification: crops,
wild crops, livestock, and processing/handling. Operations may receive one
reimbursement per certification or category of certification.
Technical assistance
Cost share applications and information
Oregon Department of Agriculture
Market Development Program
1207 NW Naito Parkway, Suite 104
Portland, OR 97209-2832
Phone 503-872-6600
Fax 503-872-6601
Email agmarket@oda.state.or.us
Web oregon.gov/ODA/ADMD/Pages/organic_costshare.aspx
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| Seed Regulations |
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Sales of seed are regulated in Oregon under Oregon Revised
Statute 633 and Oregon Administrative Rule 603. Records are required to be kept
for three years after total disposition of the seed lot.
Seed record requirements
Seed dealers, shippers, and handlers are required to
maintain and make accessible for inspection, a complete record of each lot of
seed. The complete requirements for record keeping are specified in, ORS
633.511 through 633.750, OAR 603-056-0030 through 603-056-0490, the Federal
Seed Act, and the Federal Seed Act Regulations, part 201.
Seed records must be maintained in such a manner as to
permit comparison with records required to be maintained by other persons for
the same lot of seed. This is to allow for factors such as germination, variety,
purity, etc., to trace the lot from the grower to the ultimate consumer.
A COMPLETE RECORD of a seed lot in Oregon, whether it is
certified, commercial, or certification isolation lot, must include the
following information:
Receiving records
- Record keeping requirements
- Delivery/scale ticket
- Bill of lading
- Analysis tags
- Laboratory reports
- Other lot receiving records showing lot number and pounds
received, the first record showing the lot number assigned to the lot (once a
lot number is assigned, it cannot be changed without first changing the lot by
cleaning, blending, etc.)
- Inventory card showing the disposition of the lot origin and
location of the lot
Seed growers
Seed growers are responsible to provide seed conditioning
warehouses information regarding variety and crop kind, field number(s), and
whether the seed lot is certified, certification isolation, or commercial.
Growers can combine fields of the same variety together to make a seed lot;
however, they need to provide information regarding weight estimate and the
field numbers for components of these seed lots.
Variety records
Invoices or other documents establishing variety, grower’s
declaration of variety, or VNS, must be maintained by the person obtaining the
seed from the grower. Seed records necessary to disclose the variety including
planting, certification tags, or breeders’ affidavit should be kept.
Conditioning and handling records
- Records of operations you performed on the seed such as
cleaning, blending, and treating, regardless of whether or not you own the seed
or whether the seed lot is certified, commercial, or certification isolation
- Records of bagging/packaging all above mentioned seed lots
Conditioners are responsible to maintain a record of all
their conditioning activities. Records such as grower, crop and variety, field
number(s), and exact or estimated weight from each field for a grower/cultivar
should be maintained for certified, commercial, and certification isolation
lots.
Test records
- All test reports received on the lot shipped, including
endophyte, sod quality, purity, germination/viability, and other tests
- Test reports on all component lots, if the lot shipped was a
blend or mixture and the labeling was determined from the analysis of the
components
Sales and shipping records
- Invoices and scale tickets, bills of lading, or other
transportation records
- Inventory records (show sales and amount remaining)
- A specimen of the analysis tags developed from tests reports
- Phytosanitary certificates
- File samples
Record retention period
A complete record of each lot must be maintained for three
years after disposition of the entire lot; the file samples must be for one
year after disposition of the entire lot. (Three years for documents, one year
for file samples after final sale of the lot.)
Accessibility of records
The records shall be accessible for inspection by the Oregon
Department of Agriculture, Oregon Seed Certification Service and the USDA for
the effective administration of the Oregon Revised Statute, Oregon
Administrative Rule, and the Federal Seed Act, at any time during customary
business hours.
Technical Assistance
Oregon Department of Agriculture
Market Access Program
635 Capitol St NE
Salem, OR 97301-2532
Phone 503-986-4620
Web oregon.gov/ODA/CID/pages/seed_services.aspx
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| Virus certification of ornamental and fruit tree nursery stock |
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Who must comply?
The Virus Certification Program for fruit and ornamental
trees has been providing fee-supported testing services for Oregon nurseries
since 1977. This is a voluntary program provided by the Market Access Program
Area. In this program, fruit and ornamental varieties of Malus (apples and
crabapples), Prunus (cherries, plums, peaches, apricots, etc.), Pyrus (domestic
pears, Asian pears, and flowering pears), and Cydonia (quince) are tested for
viruses of quarantine significance to Oregon´s interstate and international
consumers (e.g., Canada). Nurseries interested in participating in the program
must meet specific requirements for the handling of their certified plants.
These requirements are outlined in OAR 603-051-0855 to -0859. Market Access
Program staff are also available for assistance.
Application
Nurseries interested in participating in the program should
contact the Oregon Department of Agriculture, Market Access Program Area.
Program participation forms must be submitted to the department by March 31 of
each year.
Phone 503-986-4620
Web oregon.gov/ODA/CID/PLANT_HEALTH/pages/programs.aspx
Fees
There is a $200 annual fee for participating in the program.
The testing fee schedule is set at $10 per sample per Ilarvirus test (Prunus
necrotic ringspot virus and prune dwarf virus), $7 per sample per tomato
ringspot virus test, and $7 per sample per each additional virus test
requested. Contact the Market Access Program Area to verify the fee schedule.
Reports
Nurseries are issued individual reports discussing their
virus testing results. A summary of the certified varieties grown by each
nursery in the program is sent to state, federal, and Canadian officials each
year upon request. This summary is also available to nurseries participating in
the program.
Technical assistance
Oregon Department of Agriculture
Market Access Program Area
Virus Ornamental and Fruit Tree Certification Program
Dr. Brooke Edmunds
Phone 503-986-4664
Web oregon.gov/ODA/CID/PLANT_HEALTH/pages/programs.aspx
US Department of Agriculture
Federal phytosanitary certificates
Portland, OR
Phone 503-326-2814
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| Weed-free Forage Program |
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There is increasing demand in Oregon, and throughout the
West, for certified weed-free hay, straw, and mulch. This voluntary, fee based
program provides industry the ability to certify products free from weeds
listed on Oregon and North American Weed Management Association lists of
noxious weeds. The certification standards are designed to limit or reduce the
spread of noxious weeds.
All Region 6 (Pacific Northwest Region) US Forest Service
lands require weed-free forage, mulch, and rehabilitation products.
The requirement for hay, straw, and mulch on Bureau of Land
Management (BLM) property in Oregon, Washington, and Idaho says, you must not
possess, use, or store any hay, straw, or mulch that has not been certified as
free of prohibited noxious vegetative parts and/or seeds at any time of the
year. Certification must comply with the state, regional, or federal Weed-Free
Forage Certification Standards.
Technical assistance
Growers wishing to participate in the program should contact
the Oregon Department of Agriculture, Market Access Program.
Certification standards and general information
Oregon Department of Agriculture
Market Access Program
Phone 503-986-4620
Web oregon.gov/ODA/PLANT/WEEDS/Pages/weedfreeforageprogram.aspx
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| Print the marketing and certification section |
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Download and print the pdf version of this chapter (111 KB pdf)
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