Or. Admin. Code § 603-053-0200

Current through Register Vol. 63, No. 12, December 1, 2024

Section 603-053-0200 - Inspection Fees For Agricultural Products

The following fees and charges are established for grading, inspection, and certification of horticultural and agricultural products and processes. Fees will be established in an amount reasonably necessary to cover the cost of providing grading, inspection, certification and auditing in the Shipping Point Inspection program and administration of the program pursuant to ORS 632.940:

(1) Separate fees and hourly rates for inspection of fresh products at specific facilities may be available upon request. At the option of the department, fees and hourly rates may be established for specific facilities at an amount reasonably necessary to cover the cost of services rendered. Such fees and hourly rates shall be calculated by determining the costs, including administrative overhead, for providing the service to the specific facility. Fees and rates established pursuant to this section supersede the fee schedule and rates established herein.

(2) Regular inspection fees: Regular inspection fees are established in an amount reasonably necessary to cover the cost of providing the services and administration of the program in each of the Shipping Point Inspection Districts. Regular inspection fees may include:

(a) A charge for a minimum of four hours of service at a rate of $ 60 per hour unless otherwise specified by contract;

(b) Travel time at the rate of $ 60 per hour;

(c) Mileage at the rate per mile established by the Department of Administrative Services;

(d) Eight hours per day at $ 60 per hour for a minimum of five days per week Monday through Friday during the assignment;

(3) Fresh Product Grade and Condition Certification:

(a) All Fresh Fruit and Vegetables (except Onions and Potatoes):

(A) 65 lbs. Or less net - 6-1/2¢ per container;

(B) Bulk or bulk bins - $ 3.25 per ton

(b) Brine Cherries:

(A) 15,500 lbs. or less - $ 43;

(B) 15,501 to 31,250 lbs. - $ 50;

(C) 31,251 to 37,500 lbs. - $ 57;

(D) Quantities in excess of 37,500 lbs. - 18¢ per cwt. for the overage;

(c) Onions: - 12¢ per cwt.

(d) Potatoes: - 12¢ per cwt.;

(A) Certified Seed - 12¢ per cwt.;

(B) Diversion - 8¢ per cwt.

(e) Tree Nuts;

(A) Filberts Inshell - 20¢ per cwt.;

(B) Walnuts Inshell - 28¢ per cwt.;

(C) Filbert Kernels - 38¢ per cwt.;

(D) Shelled Walnuts - 48¢ per cwt.

(4) Inspection of Product for Processing: Fees and hourly rates for inspecting fruits and vegetables intended for processing shall be established on a separate, uniform basis for each facility. The fees and hourly rates shall be set at an amount reasonably necessary to cover the cost of services rendered. Such fees and hourly rates shall be calculated by determining the costs, including administrative overhead, for providing the service to the specific facility.

(5) Minimum Certificate Charge: When small lots are written up to meet a specific need in an operating packing house, of a commodity which is being inspected on a regular basis, the minimum certificate charge shall be calculated on the regular schedule for that commodity with a $ 10 minimum fee.

(6) Mileage Charges: Mileage may be charged in addition to all inspection fees or time charges, at the rate per mile established by the Department of Administrative Services, when travel is required.

(7) Special Services or Determinations: When platform inspections, check-loading, check-weighing, count certification, sealing, or other special services are requested, then at the option of the Department the fee, hourly charge, and/or the minimum number of hours per day, per week or period, may be agreed upon by prior written contractual agreement between the applicant or applicants and the Department. In no case, however, shall such charges be less than is necessary to completely reimburse the Department for its total costs of furnishing such services. The provisions of this section supersede the other fee schedules and provisions relating thereto.

(8) Off Grade or Size Certification: When containers of rejected commodity are not emptied by the close of the business day, an off-grade certificate shall be issued covering the total amount of rejected commodity and the regular fee schedule shall be applied.

(9) Overtime Charges: For all inspection services performed during the following times (which will be considered overtime), the regular inspection fees or hourly charges shall be charged plus $ 30 per hour for all time involved. Overtime charges shall be figured to the nearest one-half hour:

(a) After eight hours shed operation (per scheduled shift) or 6:00 p.m., whichever comes first, on Monday through Friday of each week;

(b) At any time on Saturdays or Sundays; and

(c) At any time on any day which is declared by law to be a holiday for state employees.

(10) Overtime Service Charge: The minimum overtime service charge for Saturdays, Sundays and other legal holidays shall be four hours.

(11) No Service Days: No service will be given on Thanksgiving, Christmas, or New Years days.

(12) Standardization Inspection Charges: Produce requiring inspection under ORS 632, arriving on Oregon terminal markets without evidence of inspection or without request for inspection being made to the Department prior to arrival will be assessed double the applicable fee stated in the fee schedule and a state certificate will be issued.

(13) Extra Service Charge: When extra service is requested in conjunction with grade and condition certification, an additional charge at the applicable fee stated per hour may be made for additional time used to make these determinations. Time shall be figured to the nearest 1/2 hour.

(14) Additional Certificates: When it is necessary to issue extra certificates, certificate copies, or superseded certificates, a charge of $ 10 for each certificate shall be made. When the cost to issue the certificates exceed $10, the hourly rate shall apply. When it is necessary to issue extra certificates, or supersede certificates due to errors of Inspection Service, no charge will be made.

(15) Phytosanitary or Federal FV-294 Certificates or Federal FV-184 Certificates (extra service charge for sampling and inspection):

(a) When in conjunction with and at the time of grade inspection - 2¢ per cwt.;

(b) When not grade inspected or at time of inspection, the hourly inspection fee will apply plus - 2¢ per cwt.;

(c) Minimum service charge for each certificate issued - $10.

(16) Fumigation Certificates: When fumigation certification is requested, a charge at the applicable rate per hour will be made for all time required, including travel time, plus mileage at a rate established by the Department of Administrative Services.

Or. Admin. Code § 603-053-0200

AD 562, f. & ef. 10-7-57; AD 611, f. 7-10-59; AD 672, f. 6-29-61; AD 767, f. & ef. 7-17-63; AD 799(6-65), f. 6-30-65, ef. 7-15-65; AD 854(26-67), f. 9-26-67, ef. 10-1-67; AD 886(16-68), f. 8-21-68, ef. 10-1-68; AD 904(10-69), f. 8-29-69, ef. 9-8-69; AD 973(6-72), f. 7-11-72, ef. 8-1-72; AD 1037(27-74), f. 8-20-74, ef. 9-11-74; AD 1069(15-75), f. 9-5-75, ef. 9-25-75; AD 13-1979, f. 9-28-79, ef. 10-1-79; AD 10-1983, f. & ef. 8-22-83; AD 2-1991, f. & cert. ef. 2-15-91; AD 17-1992, f. & cert. ef. 11-30-92; AD 11-1994, f. 8-30-94, cert. ef. 9-1-94; AD 9-1996, f. & cert. ef. 7-26-96; DOA 7-1999, f. & cert. ef. 4-26-99; DOA 28-2000, f. & cert. ef. 10-13-00; DOA 27-2002, f. & cert. ef. 12-23-02; DOA 19-2006, f. & cert. ef. 11-2-06; DOA 18-2012, f. & cert. ef. 6-12-12; DOA 18-2018, amend filed 05/11/2018, effective 5/11/2018

Statutory/Other Authority: ORS 561.190, 632.940 & 632.945

Statutes/Other Implemented: ORS 632.940 & 632.945