Rulemaking authority

In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture, in consultation with the industries affected, shall promulgate rules to carry out ORS 616.800 to 616.835 and 616.994. Such rules shall include, but are not limited to: (1) Establishing which particular foods are subject to ORS 616.800 to 616.835 and 616.994. (2) Establishing which one or more of the following types of open date is to be used for particular groups or classes of perishable foods: (a) The packing date. (b) The pull date. (c) The date on which fowl, including chickens, fryers, turkeys, ducks, geese and other domesticated birds, are killed or slaughtered to be processed into perishable food. (3) Specifying the size, content and form of the labeling information required by ORS 616.800 to 616.835 and 616.994. (4) Exempting from the operation of ORS 616.800 to 616.835 and 616.994 those perishable foods for which open date labeling would be: (a) Impractical or not meaningful because of the size of the package or the nature of the perishable food; (b) Possibly unconstitutional as interference with the free movement of goods in interstate commerce.