Or. Admin. Code § 603-025-0235 - Farm Direct Marketer Exemption

(1) ORS 616.695 to 616.755 do not apply to a farm direct marketer, a consigning agricultural producer, or the location(s) used by a farm direct marketer or a consigning agricultural producer to prepare, store, sell, expose for sale or offer for sale the following agricultural products:

(a) Fruits, vegetables, edible flowers and herbs that are:

(A) Fresh; or

(B) Cured or dried by the agricultural producer as part of routine post-harvest handling.

(b) Dried or cured fruits, vegetables, edible flowers, herbs or blends of herbs, and herbal tea for which drying or curing is not part of routine post-harvest handling, if:

(A) Not combined with other ingredients; and

(B) Control parameters as described in OAR 603-025-0275(3) are recorded.

(c) Shelled nuts and unshelled nuts cured or dried by an agricultural producer as part of routine post-harvest handling;

(d) Shell eggs;

(e) Honey, only when not combined with other ingredients;

(f) Olive oil;

(g) Whole, hulled, crushed or ground grain, legumes and seeds, if of a type customarily cooked before eating;

(h) Parched or roasted grains, if of a type customarily cooked before eating;

(i) Popcorn, nuts, peppers and corn on the cob, if those items are:

(A) Roasted at the place of purchase;

(B) By a farm direct marketer;

(C) After purchase; and

(D) Not sold for immediate consumption.

(j) Tree-sap-based solid sugar, cream and liquid syrup products that are made by heating

sap from trees of the genuses Acer or Juglans and have a solids content of not less than 66 percent by weight, or 66 degrees Brix, and not combined with other ingredients.

(2) ORS 616.695 to 616.755 do not apply to a farm direct marketer, a consigning agricultural producer, or the location(s) used by a farm direct marketer or a consigning agricultural producer to prepare, store, sell, expose for sale or offer for sale the following producer-processed products:

(a) Fruit-based syrups, fruit in syrup, preserves, jams, or jellies;

(b) Processed fruits or processed vegetables; or

(c) Fruit or vegetable juices.

(3) Producer-processed products described in Section (2) of this rule must meet all of the following conditions:

(a) They are acidic foods;

(b) Products having a water activity (aw) greater than 0.85 and having been acidified to decrease the equilibrium pH of the food to 4.6 or below must be processed using;

(A) A published process and product formulation that has been approved by a recognized process authority. Examples of published processes and product formulations that have been approved by a recognized process authority can be found in:

(i) United States Department of Agriculture Complete Guide to Home Canning, 2009 Revision;

(ii) Pacific Northwest Extension publications. The Pacific Northwest Extension publications are produced cooperatively by Oregon State University, Washington State University, and the University of Idaho; or

(iii) So Easy to Preserve, 5th Edition, which is offered by the University of Georgia Cooperative Extension.

(B) Any process and product formulation that has been submitted to and approved by a recognized process authority. A recognized process authority may be contacted through the Oregon State University, Department of Food Science and Technology Extension Service.

(b) Bottling, packaging and canning supplies must be made from food grade materials.

(c) Ingredients other than the principal ingredients are limited to herbs, spices, salt, vinegar, pectin, lemon or lime juice, honey and sugar, and must be:

(A) From an approved source; or

(B) Farmed or produced by the agricultural producer.

(d) During the preceding calendar year, the agricultural producer had annual sales of producer-processed products that in total did not exceed $50,000.

(4) The exemptions provided in Sections (1) through (3) of this rule may be revoked by the Department if it determines that the location used by a farm direct marketer or consigning agricultural producer does not comply with OAR 603-025-0215 to 603-025-0275, OAR 603-025-0020, or 603-025-0150.

Notes

Or. Admin. Code § 603-025-0235

DOA 14-2012, f. & cert. ef. 6-1-12; DOA 24-2019, amend filed 12/20/2019, effective 12/20/2019; DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023

Statutory/Other Authority: ORS 561.190 & 616.686

Statutes/Other Implemented: ORS 616.683