| Farm Direct: Specific commodities |
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| Eggs |
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An egg handler is any person who has possession or control of eggs for sale to another egg handler, retailer, or to a person who processes and sells the eggs to another egg handler, retailer or consumer.
Licensing
A producer is required to have an egg handler's license from the ODA Food Safety Division if the producer sells graded eggs to retailers, cafes, bakeries, hospitals, schools, boarding houses or institutions.
A producer does not need a license if the producer is selling and delivering eggs of the producer's own production directly to an individual consumer. Eggs may be sold at farmers' markets or roadside stands without an egg handler's license and without labeling, but only by the farm that produces the eggs-this exemption does not include eggs produced by friends or relatives or on neighboring farms. A producer may also sell without an egg handler license, if they sell only ungraded eggs to a dealer.
A retailer needs an egg handler's license if he or she grades eggs or packages graded eggs in his/her own carton. A license is not required if the retailer sells, to the consumer, eggs that previously have been candled and graded by an egg handler in compliance with ORS 632.705 to 632.815, http://www.leg.state.or.us/ors/632.html .
Eggs must be graded and sized according to the standards outlined in OAR 603-022-0300 through 603-022-0340, http://arcweb.sos.state.or.us/rules/OARS_600/OAR_603/603_tofc.html . AA, A and B eggs are the only grades legally sold away from the farm. An egg handler's license can be obtained after inspection and approval by an ODA food safety specialist.
Packaging and labeling
Each egg container or sub-container shall be plainly marked with the following: (Use boldface-typed letters that contrast with the background color.)
- name and address of producer, wholesaler, or retailer by, or for, whom the eggs were packed
- size of egg
- grade of egg
- assigned permit number (if applicable)
- net quantity (e.g., one dozen)
If a producer is selling his or her own eggs on-site, or at a farmers' market, a statement of net quantity is required. Any time a package is sold at a location other than where it was packaged, it must also include the name and address of the producer, wholesaler, or retailer.
If displayed in bulk, eggs must be segregated by size and grade with a sign displaying the size and grade information.
In addition to the fee for the annual egg handler's license, a fee of ¼¢ per dozen is required to be paid by the person/firm first offering eggs for sale in Oregon. This fee pays for grading services provided by ODA.
Contact Oregon Department of Agriculture Food Safety Division for more information, 503-986-4720.
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| Fish and shellfish |
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Licensing
Every individual operating or assisting in the operation of any commercial fishing gear or commercial fishing boat must have a commercial fishing license or crew member fishing license. Every member of the crew on a commercial fishing boat must be licensed.
Commercial fishers are required to deliver their catch to a wholesale fish dealer, a wholesale fish bait dealer, or they may sell it off their vessel using a limited fish sellers permit. All commercially caught fish or shellfish must be reported on fish tickets that are issued to the fish dealers. The fish buyer's license, in addition to a wholesale fish dealer's license, is required when the fish or shellfish are purchased away from the dealer's licensed location. Fish dealer licenses are issued only through the Portland office of the Department of Fish and Wildlife. For information about the fish dealer requirements and the application process, please contact the Oregon Department of Fish and Wildlife at 503-947-6101.
Wholesale fish dealer
A wholesale fish dealer license is required for any person who buys food fish or shellfish from a commercial harvester, regardless of its disposition; regardless of the source from which received, sells food fish or shellfish to other wholesalers, canners, or retailers; or processes food fish or shellfish by smoking, reduction, or fresh packaging requiring freezing or refrigeration for sale through retail outlets. A wholesale fish dealer license must be obtained for each location where fish is processed.
Wholesale fish bait dealer
The wholesale fish bait dealer license is designed for the small volume dealer who sells or uses food fish or shellfish for bait, scientific or educational purposes, or live public display. Fish bait dealers are required to sell all fish and shellfish for bait and may buy from either a licensed bait harvester or commercial harvester. Sale for human consumption under this license is prohibited.
Commercial limited fish seller
A commercial limited fish seller permit authorizes licensed commercial harvesters to sell their catch of food fish directly from their boat, but only to the ultimate consumer, defined as a person that will ultimately consume the fish. The State Fish and Wildlife Commission, by rule, may limit the number of fish seller permits available for any species of food fish. Prior to making any sale, the person must notify the commission, in such manner as the commission prescribes, of the estimated number of food fish on board the boat and of the location where the sale is to take place. Within seven days of making a sale, the person shall submit to the commission a report, in such form as the commission may prescribe. The person must pay the fees required as prescribed in ORS 508.505 to 508.540, or in such other manner as the commission by rule may prescribe. The person may sell food fish from any port and dock location in this state, but again the location where the sale will take place must be reported to the commission.
Commercial fish buyer
A commercial fish buyer license is required for a wholesale fish dealer or canner to purchase or receive food fish or shellfish from commercial harvesters at locations other than the licensed premises of any licensed wholesale fish dealer, canner, or buying station. The fish or shellfish must be weighed and a fish ticket prepared at the buying location before the fish are transported. No processing activities are allowed at a buying station.
Commercial fish dealer
Although no license is required by ODFW for retail fish dealers, the Oregon Department of Agriculture's Food Safety Division requires a license. A retail fish dealer is a person who buys food fish or shellfish from a wholesale fish dealer only, does no processing, and sells only to the ultimate consumer (this includes restaurants). Contact the Oregon Department of Agriculture Food Safety Division, 503-986-4720.
Additional licensing requirements for shellfish
Shellfish includes all edible species of oysters, clams, mussels, and scallops;* either shucked or in the shell, fresh or frozen, whole or in part.
There are separate ODA licenses required for buying, distributing or processing shellfish. Shellfish or bivalves, such as clams and oysters, can filter contamination and naturally occurring toxins from their growing waters. ODA classifies shellfish growing waters and certifies shellfish growers and harvesters for safety of harvest.
A shellfish dealer is a person engaged in the business of growing, harvesting, processing, or distributing shellfish for human consumption. A shellfish distributor is a wholesaler who sells seafood to retail outlets. Dealers will be certified as distributors (shippers) only after an approval inspection.
Commercial shellfish harvesters or growers who sell clams, oysters, mussels or whole scallops for human consumption must be certified by ODA and conduct business according to the following:
- ODA shellfish sanitation certificates are required for commercial harvesting for human consumption. Applications are available from Oregon Department of Agriculture, Food Safety Division, 503-986-4720.
- Oregon Department of Fish & Wildlife (ODFW) commercial fishing license is required for harvesting wild shellfish.
- ODFW shellfish harvest permits are required and available free from ODFW offices.
- Commercial shellfish harvesters and growers, harvesting for human consumption, are limited to ODA classified shellfish harvesting areas. Harvesters must provide ODA with a list of their harvest areas. Contact ODA regarding a current management plan for areas where you harvest.
- Shellfish tagging-harvesters and growers must attach to each container of shellfish a durable, waterproof tag sized: 2 5/8" x 5 ¼" with information in the following order:
- harvester's certificate number (i.e., OR 777 HV)
- harvest date
- harvest area (bay or beach)
- type and quantity of shellfish
- this statement: "This tag shall be attached until container is empty or retagged and kept on file for 90 days."
Harvesters must sell to buyers who are ODA certified shellfish shippers and ODFW licensed wholesale fish buyers.
Harvesters may not distribute shellfish for human consumption to restaurants or retail stores or directly to the final consumer. In order for a harvester to sell directly to the consumer, they must also be certified by ODA as a shellfish shipper and have an ODFW fish buyers license.
Shellfish must be protected from contamination and temperature abuse. Deliveries to certified shellfish shippers must be made in clean containers within 24 hours of harvest or less. If outside air temperatures exceed 50 °F, deliveries should be made on drained ice.
General requirements for direct sales of fish and shellfish
No Oregon Department of Agriculture license is required if you sell your catch directly off your boat with a commercial limited fish sellers permit from ODFW. The license restricts you to the sale of what you catch on your vessel. You may not buy product from another fisherman for resale and you may not sell to a market or other middleman. You are required to report your sales on fish tickets and the monthly remittance report. These forms are supplied by the ODFW. You must fill out a receipt for each individual sale and give one copy to the purchaser. These receipts are to be kept on board the vessel for six months and made available for inspection for three years after issue.
If you sell fish or shellfish from a vehicle or stand, an ODA retail license is required.
ODA allows open-air whole crab cooking at licensed retail or food processing establishments when certain requirements are met. If a customer buys fish from a vessel with a limited fish sellers permit, the seller may custom filet the fish on the vessel without obtaining a processing license. All other processing of fish and shellfish must be conducted at a licensed facility that is in full compliance with the food processing regulations. Processing includes smoking, reducing, loining, steaking, pickling, filleting, or fresh packaging requiring freezing of food fish, or any part thereof.
Icing or refrigeration must be sufficient to keep fish under 41 °F and shellfish under 45 °F at all times. Your business location is subject to the provisions of the Retail Food Establishment Sanitation Standards. Your product must be wholesome and uncontaminated. ODA's Food Safety Division routinely inspects roadside seafood vehicles and stands and food processing facilities.
If you transport your catch to another location, no license is required if your gross vehicle weight (loaded) is under 8,000 pounds. Otherwise, contact your local Oregon Department of Motor Vehicles.
General requirements for propagation of fish and shellfish
The Oregon Department of Fish and Wildlife (ODFW) is responsible for administering laws and rules pertaining to private game fish, non-game fish (including shellfish), and private salmon hatcheries in the state. Private game fish hatcheries have been licensed in Oregon for many years, but licenses for rearing non-game species and authorization to allow the raising salmon for release and recapture, are relatively new.
Hatchery operators must obtain their own eggs or fish from a source approved by ODFW. When surpluses exist at state facilities, licensees may sell eggs.
A fish propagation license allows rearing of fish (including bullfrogs, mollusks, and crustaceans) for sale by a private hatchery. Licenses must be renewed each calendar year. Transport permits are also necessary.
Fish propagation licenses are not required for private ponds stocked with fish from commercial sources and from which no fish are sold. The landowner and immediate family may legally fish in these waters. However, others must have a fishing license. A fish transport license is required to plant fish in private ponds. For further information on private hatcheries, and seafood licenses, contact Oregon Department of Fish and Wildlife, 503-229-5410.
Weights and measures (scales)
Oregon law (ORS 618.246) requires all seafood to be sold by weight, except for ready-to-eat food. An ODA approved and licensed scale is required.
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| Fresh produce |
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Produce means: Fruits and vegetables, but it does not include fruits and vegetables purchased for the purpose of reselling them canned, dried, frozen or in other preserved forms. Certified seed potatoes purchased for the purpose of resale for seed, are not considered "produce."
Licensing
Retail food establishment license
A retail food license is required for roadside produce stands and farm stands, if some of the produce that is sold is not grown or produced by the person selling it, or if food items other than produce are sold. Contact the ODA Food Safety Division, 503-986-4720.
Retail produce peddlers license
A license is required for any person who wishes to sell, from a vehicle, produce that they have not grown or produced themselves. A fee is charged for a license. Contact the ODA Food Safety Division, 503-986-4720.
Cash buyer's license
A license is required for any person who acts as a produce dealer. A dealer is one who pays full price at the time of purchase. A license fee is charged. Farmers' market vendors who buy produce grown by others and resell it are also subject to this requirement. Contact the ODA Food Safety Division, 503-986-4720.
Wholesale produce dealer license
A license is required for anyone who deals in, handles or trades in produce and who does not operate as a grower, retailer or warehouseman.
Inspection requirements
Inspection requirements are spelled out in federal marketing orders for hazelnuts (filberts), potatoes, and stone fruits (apricots, peaches, prunes, and cherries). Potatoes need not be inspected if less than one ton is being sold. Hazelnuts are exempt from inspection if less than 250 pounds will be sold. Contact the Oregon Department of Agriculture Commodity Inspection Division, 503-986-4620.
Weights and measures (scales)
Any produce that is sold by weight must be weighed on an ODA-approved and licensed scale. Refer to the table below for appropriate method of sale recommendations. | Commodity | Method of sale
| | Apples | Weight, count, or dry measure in units of one peck, ½ bushel, or one bushel
| | Apricots | Weight | | Artichokes | Weight or count
| | Asparagus | Weight or bunch | | Avocados | Count
| | Bananas | Weight | | Beans | Weight or dry measure in units of one peck, ½ bushel, or one bushel | | Beets | Weight or bunch
| | Berries (all) | Weight or dry measure in units of ½ dry pint, one dry pint, or one dry quart
| | Broccoli | Weight or bunch | | Brussels sprouts | Weight
| | Cabbage | Weight or count
| | Cantaloupes | Weight or count | Carrots
| Weight or bunch
| | Cauliflower | Weight or bunch
| | Celery | Weight or count
| | Cherries | Weight or dry measure in units of ½ dry pint, one dry pint, or one dry quart
| | Coconuts | Weight or count
| | Corn on the cob | Count | | Cranberries | Weight or dry measure in units of ½ dry pint, one dry pint, or one dry quart
| | Cucumbers | Weight or count
| | Currants | Weight or dry measure in units of ½ dry pint, one dry pint, or one dry quart
| | Dates | Weight
| | Eggplant | Weight or count
| | Escarole | Weight or count
| | Figs | Weight
| | Garlic | Weight or count
| | Grapefruits | Weight or count
| | Grapes | Weight
| | Greens (all) | Weight
| Leeks
| Weight | | Lemons | Weight or count
| | Lettuce | Weight or count
| Limes
| Weight or count
| Mangoes
| Weight or count | Melons (whole)
| Weight or count | Melons (cut or pieces)
| Weight | Mushrooms
| Weight or dry measure in units of ½ dry pint, one dry pint, or one dry quart | Nectarines
| Weight or count
| Okra
| Weight | Onions (spring or green)
| Weight or bunch | Onions (dry)
| Weight | Oranges
| Weight or count | Papaya
| Weight or count | Parsley
| Weight or bunch | Parsnips
| Weight | Peaches
| Weight, count, or dry measure in units of one peck, ½ bushel, or one bushel | Pears
| Weight, count, or dry measure in units of one peck, ½ bushel, or one bushel
| Peas
| Weight | Peppers
| Weight or count | Persimmons
| Weight or count | Plums
| Weight or dry measure in units of one peck, ½ bushel, or one bushel | Pineapples
| Weight or count | Pomegranates
| Weight or count | | Potatoes (Irish or sweet) | Weight | Prunes
| Weight | Pumpkins
| Weight or count | Radishes
| Weight or count | Rhubarb
| Weight | Rutabagas
| Weight | Spinach
| Weight or bunch | Tangerines
| Weight or count | Tomatoes
| Weight, count, or dry measure in units of one peck, ½ bushel, or one bushel | Tomatoes (cherry)
| Weight or dry measure in units of ½ dry pint, one dry pint, or one dry quart | Turnips
| Weight or bunch |
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| Honey |
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Licensing
Any beekeeper with 20 or more colonies of bees who is extracting and selling honey at retail or wholesale is required to be licensed as a food processor and is subject to inspection by ODA. Extractors who have fewer than 20 colonies and extract only their own honey are considered to be hobbyists, and therefore exempt from licensing and inspection requirements. While extractors with fewer than 20 colonies may sell their honey through any retail channel, the product produced is required to be properly labeled. Extractors must submit an application for exemption with the ODA's Food Safety Division.
Weights and measures (scales)
Since honey is a viscous commodity, it shall be sold in terms of weight. An ODA approved and licensed scale is required.
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| Meat and poultry |
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Licensing
All slaughtered and processed meat and poultry sold in Oregon must be inspected by the US Department of Agriculture (USDA) and slaughtered in USDA-inspected plants. For a list of USDA inspected plants, contact the Food Safety Division at the Oregon Department of Agriculture, 503-986-4720.
Meats that are recognized under the Federal Meat Inspection Act and that fall under the mandatory inspection by USDA include cattle, sheep, swine, goats, horses, mules and other equines.
An ODA license and USDA inspection are required for the slaughter and processing of Oregon elk raised in captivity.
Poultry includes any domesticated bird (chickens, turkeys, ducks, geese, or guineas), and any migratory waterfowl, game bird, or squab.
Custom stationary slaughter, custom mobile slaughter and custom processing operations must be licensed by the Oregon Department of Agriculture. These licenses do not allow for retail selling of the product. However, they do allow persons to consume home-raised meat products that have been custom slaughtered.
If animals are slaughtered, prepared, offered for sale, sold or used in any manner as animal or pet food, then an animal food processing license is required from ODA.
A meat sellers license from ODA is necessary to retail raw beef or poultry that has been slaughtered and processed in a USDA inspected facility. Contact the ODA Food Safety Division, 503-986-4720, for more information.
Federal inspection of meat and poultry
The USDA Food Safety and Inspection Service is charged with carrying out the federal meat and poultry inspection acts. This mandatory program assures the safety, wholesomeness and truthful labeling of meat and poultry products, which are moving in interstate and foreign commerce. Products containing more than 3 percent uncooked meat or 1 percent cooked meat must obtain USDA certification. Contact the USDA Food Safety Inspection Service, 503-399-5636.
Weights and measures (scales)
Oregon law (ORS 618.246) requires all meat and poultry, except ready-to-eat food, to be sold by weight. An ODA approved and licensed scale is required. Contact the ODA Measurement Standards Division, 503-986-4670.
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| Milk and dairy products |
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Licensing
A license from the Oregon Department of Agriculture is required in order to sell milk that has a grade designation. Each license expires on June 30 following the date of its issuance, and may be renewed. Fees for various licenses vary.
While the general rule is that all sellers of fluid milk must be licensed, milk may be sold for human consumption without a license only if all the conditions listed below are met:
- The milk is pasteurized.
- The person does not advertise the milk for sale.
- The milk is sold directly to the consumer at the premises where produced.
- No more than two producing dairy cows or nine producing goats are located on the premises where the milk is produced.
If you are a producer of fluid milk and are already complying with ORS Chapter 621, you may transport and sell your milk in other areas. It is not necessary to undergo inspection by another entity if the place of sale operates under a different system of inspection than where the milk was produced.
Milk that is raw may not be sold in the state of Oregon.
Weights and measures (scales)
All fluid milk products shall be sold by fluid volume. Other milk products that are solid, semi-solid, viscous, or a mixture of solid and liquid (e.g., cottage cheese) shall be sold in terms of weight. Factory packed ice cream and similar frozen products shall be sold in terms of fluid volume.
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| Nursery products |
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Many farmers' markets and roadside stands now sell bedding plants, cut flowers and nursery plants. Nursery products make useful additions to every market, and allow the consumer a wide range of choices when it comes to varieties.
Licensing
No license is required to sell cut flowers in the state of Oregon. Sellers of plants, bulbs, and in some cases seeds for planting, must be licensed by the Oregon Department of Agriculture if gross sales exceed $250 in a state fiscal year, which runs from July 1 to June 30. This includes sellers of trees and Christmas trees. The license, called a nursery license, starts at $120 and is good for one year.
A temporary non-profit license may be issued for one day to a non-profit organization wishing to sell nursery stock. This license may be applicable to your group's roadside operation or stand at the farmers' market. In some situations, a portable license is available if selling from different locations.
Inspection
Nursery products are subject to inspection to assure that they are free from pests and disease and are labeled correctly. This policy may be applied to large and small producers alike. Call the Oregon Department of Agriculture Plant Division for more information.
Weights and measures (scales)
Container plants must be sold with package labels or signage including the name of the product, the net contents, and the name and address of the responsible party (i.e., grower, distributor, or retailer). If retailers are growing all of their own container plants, on the premise where the plants are sold, they are not required to label the name and address of the responsible party. Declarations of net quantity for container plants may be made in dimensions of container capacity or in volume. Volume is recommended.
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| Organic food production |
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The US Department of Agriculture (USDA) National Organic Program (NOP) requires that a USDA accredited certifier must certify all products labeled "organic." Producers whose organic gross sales are $5,000 or less, are exempted from organic certification, but must still follow USDA NOP standards. Contact the USDA for further information, including a list of accredited certifiers, http://www.ams.usda.gov/nop/indexIE.htm .
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| Processed foods |
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Baked goods, dairy products, jams, jellies, preserves, salsas, vinegars, oils, salad dressings, frozen berries and cherries, dried herbs, and dehydrated fruits and vegetables are examples of common products that are sold through direct marketing and must be processed in a licensed facility.
Licensing
Food processing is defined as cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, freezing or otherwise manufacturing a food or changing the physical characteristics of a food; and the packaging, canning or otherwise enclosing of such food in a container; but not the sorting, cleaning or water rinsing of vegetables. ODA Food Safety Division can issue a food-processing license to establishments that meet the construction standards and product safety standards outlined in OAR 603-025-0020 (http://arcweb.sos.state.or.us/rules/OARS_600/OAR_603/603_tofc.html ) and the Code of Federal Regulations. A bakery license, instead of a food-processing license is issued for processors that bake bread, rolls, cakes, pies, doughnuts and all similar goods. Home kitchens that meet requirements may be licensed as domestic kitchens for some processed foods such as jams and jellies and for some baked goods.
Packaging and labeling
All processed foods packaged for retail sale must be fully labeled. The label must have the common name of the product, net weight, and ingredients in descending order by weight, and name and address of the producer or distributor.
Nutrition labeling
Nutrition labeling is required for all products, unless they qualify for a small firm exemption. All products that bear a nutrient claim, health claim, or other nutrition related information on its label must provide nutrition labeling. Products that bear health claims must be claims authorized by the FDA.
Allergens
Products that contain FDA identified allergens, must identify these in the ingredients statement according to FDA's allergen labeling regulations.
Class I allergens include
- peanuts (also peanut flour, hydrolyzed protein, but not peanut oil)
- tree nuts (pecans, walnuts, hazelnuts, filberts, cashews, and brazil nuts)
- eggs (whites, yolks, albumen and powdered eggs)
- shellfish.
Class II allergens include
- tree nuts (almonds, pistachios, etc.)
- dairy (any ingredient which contains protein from cow's milk such as milk, cream, dry milk, whey)
- soy (soybeans, soy protein, soy flour, but not soybean oil)
- corn (corn flour and cornmeal, but not corn starch or corn oil)
- fish, oats, wheat, sesame seeds.
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