Or. Admin. Code § 603-025-0265

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

Section 603-025-0265 - Farm Direct Product Labeling Requirements

(1) The principal display panel of producer-processed products must contain in a prominent location the following statements in legible, all capital, and bold-face type no less than one-eighth inch:

(a) "THIS PRODUCT IS HOMEMADE AND IS NOT PREPARED IN AN INSPECTED FOOD ESTABLISHMENT" and

(b) "NOT FOR RESALE."

(2) The principal display panel of agricultural products described under OAR 603-025-0235(1)(d) to (g) and (j) must contain in a prominent location the following statements in legible, all capital, and bold-face type no less than one-eighth inch:

(a) "THIS PRODUCT IS NOT PREPARED IN AN INSPECTED FOOD ESTABLISHMENT" and

(b) "NOT FOR RESALE."

(c) An agricultural producer extracting only their own honey from 20 or fewer hives and licensed honey producers are exempt from the labeling requirements in (a) and (b).

(3) All bottled, packaged, and canned food products described under OAR 603-025-0235 must be labeled with all of the following:

(a) A product identity, which is a truthful or common name of the product that is contained in the package;

(b) The net weight of the product. Net weight or volume must be in both the US lbs./oz. and metric scale. For example, "Net Wt. 12 oz. (340 g)" for a dry product and "Net Wt. 32 fl. Oz (1 QT) 946 ml" for a liquid product;

(c) An ingredient statement that properly declares all major food allergens. All ingredients must be listed in descending order of predominance by weight or volume.

(A) Major food allergens allowed in producer-processed products under this rule are peanuts, tree nuts, soy, sesame, and wheat;

(B) Major food allergens must be labeled:

(i) Using the appropriate major food allergen in parenthesis within the ingredient list after the common or usual name of the ingredient derived from that major food allergen (for example, if a product contained semolina, the ingredient list could read: semolina (wheat)); or

(ii) Using a "Contains" statement to summarize the allergen information in a statement at the end of, or immediately adjacent to, the ingredient list.

(d) The address of the agricultural producer that produced the principal ingredients and bottled, packaged, or canned the food products.

(e) For acidic fruit and vegetable juices that have not received a 5-log reduction of the most resistant microorganism of public health significance, the following warning statement must be used: "WARNING: This product has not been pasteurized and therefore may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems. Keep refrigerated."

(A) The word "WARNING" shall be capitalized and shall appear in bold type.

(B) The warning statement shall be set off in a box by use of hairlines.

(3) Farm direct products offered for sale or consignment using the internet must be described on websites with the information listed in OAR 603-025-0265(1) and (2)(a) to (c) and (e). This provision does not exempt such products from also being physically labeled as described in this rule.

(4) When Oregon or the federal government has adopted a standard of identity for any labeled product covered by the farm direct marketer exemption, that product must specifically meet those standards of identity found in ORS Chapters 616 (Food and Other Commodities) and 632 (Agricultural and Horticultural Products) and in OAR 603-025-0190 (Standards of Identity).

Or. Admin. Code § 603-025-0265

DOA 14-2012, f. & cert. ef. 6-1-12; 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