Or. Admin. Code § 603-100-0920

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

Section 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.

Or. Admin. Code § 603-100-0920

DOA 2-2013, f. & cert. ef. 2-7-13

Stat. Auth.: ORS 561.190 & 622.996

Stat. Implemented: ORS 622.996