Or. Admin. Code § 603-100-0000

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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.

Or. Admin. Code § 603-100-0000

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

Stat. Auth.: ORS 561.190 & 622.180

Stats. Implemented: ORS 622.180