This chapter shall not affect the following:
(1) Retail stores selling to the ultimate consumer.
(2) Operations subject to ORS chapters 616, 619, 621, 625, ORS 624.010 to 624.121, 632.275 to 632.290, 632.450 to 632.490 and 632.900 to 632.985 and to the rules pursuant thereto.
(3) Out-of-state dealers operating under a state shellfish program indorsed by the United States Public Health Service.