justicedao/ipfs_state_laws huggingface dataset:
603-029-2140 Resolution of Condemnation or Quarantine by Agreement Nothing in these Division 29 rules shall be construed as requiring that a hearing be held in connection with a Notice of Condemnation or Notice of Quarantine, or as prohibiting the resolution of the condemnation or quarantine by agreement between the Department and the owner or person in possession. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026, ORS 619.036 & ORS 619.041 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2145 General rules for Sanitation SOP’s Each state-inspected establishment shall develop, implement, and maintain written standard operating procedures for sanitation (Sanitation SOP's) in accordance with the requirements of this part. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2150 Development of Sanitation SOP’s (1) The Sanitation SOP's shall describe all procedures a state-inspected establishment will conduct daily, before and during operations, sufficient to prevent direct contamination or adulteration of product(s). (2) The Sanitation SOP's shall be signed and dated by the individual with overall authority on-site or a higher level official of the state-inspected establishment. This signature shall signify that the state-inspected establishment will implement the Sanitation SOP's as specified and will maintain the Sanitation SOP's in accordance with the requirements of this part. The Sanitation SOP's shall be signed and dated upon initially implementing the Sanitation SOP's and upon any modification to the Sanitation SOP's. (3) Procedures in the Sanitation SOP's that are to be conducted prior to operations shall be identified as such, and shall address, at a minimum, the cleaning of food contact surfaces of facilities, equipment, and utensils. (4) The Sanitation SOP's shall specify the frequency with which each procedure in the Sanitation SOP's is to be conducted and identify the state-inspected establishment employee(s) responsible for the implementation and maintenance of such procedure(s). Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2155 Implementation of SOP's (1) Each state-inspected establishment shall conduct the pre-operational procedures in the Sanitation SOP's before the start of operations. (2) Each state-inspected establishment shall conduct all other procedures in the Sanitation SOP's at the frequencies specified. (3) Each state-inspected establishment shall monitor daily the implementation of the procedures in the Sanitation SOP's. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2160 Maintenance of Sanitation SOP's Each state-inspected establishment shall routinely evaluate the effectiveness of the Sanitation SOP's and the procedures therein in preventing direct contamination or adulteration of product(s) and shall revise both as necessary to keep them effective and current with respect to changes in facilities, equipment, utensils, operations, or personnel. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2165 Corrective Actions (1) Each state-inspected establishment shall take appropriate corrective action(s) when either the establishment or the Department determines that the state-inspected establishment's Sanitation SOP's or the procedures specified therein, or the implementation or maintenance of the Sanitation SOP's, may have failed to prevent direct contamination or adulteration of product(s). (2) Corrective actions include procedures to ensure appropriate disposition of product(s) that may be contaminated, restore sanitary conditions, and prevent the recurrence of direct contamination or adulteration of product(s), including appropriate reevaluation and modification of the Sanitation SOP's and the procedures specified therein or appropriate improvements in the execution of the Sanitation SOP's or the procedures specified therein. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2170 Recordkeeping Requirements (1) Each state-inspected establishment shall maintain daily records sufficient to document the implementation and monitoring of the Sanitation SOP's and any corrective actions taken. The state-inspected establishment employee(s) specified in the Sanitation SOP's as being responsible for the implementation and monitoring of the procedure(s) specified in the Sanitation SOP's shall authenticate these records with his or her initials and the date. (2) Records required by OAR 603-029-2100 to 603-029-2175 may be maintained on computers provided the state-inspected establishment implements appropriate controls to ensure the integrity of the electronic data. (3) Records required by OAR 603-029-2100 to 603-029-2175 shall be maintained for at least 6 months and made available to the Department. All such records shall be maintained at the state-inspected establishment for 48 hours following completion, after which they may be maintained off-site provided such records can be made available to the Department within 24 hours of request. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2175 Agency Verification (1) The Department shall verify the adequacy and effectiveness of the Sanitation SOP's and the procedures specified therein by determining that they meet the requirements of OAR 603-029-2100 to 603-029-2175. (2) Such verification may include: (a) Reviewing the Sanitation SOP's; (b) Reviewing the daily records documenting the implementation of the Sanitation SOP's and the procedures specified therein and any corrective actions taken or required to be taken; (c) Direct observation of the implementation of the Sanitation SOP's and the procedures specified therein and any corrective actions taken or required to be taken; and (d) Direct observation or testing to assess the sanitary conditions in the state-inspected establishment. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2200 Hazard Analysis and Critical Control Point (HACCP) System Definitions For purposes of OAR 603-029-2200 to 603-029-2235, the following definitions shall apply: (1) “Corrective action” means procedures to be followed when a deviation occurs. (2) “Critical control point” (CCP) means a point, step, or procedure in a food process at which control can be applied and, as a result, a food safety hazard can be prevented, eliminated, or reduced to acceptable levels. (3) “Critical limit” means the maximum or minimum value to which a physical, biological, or chemical hazard must be controlled at a critical control point to prevent, eliminate, or reduce to an acceptable level the occurrence of the identified food safety hazard. (4) “Food safety hazard” means any biological, chemical, or physical property that may cause a food to be unsafe for human consumption. (5) “HACCP System” means the HACCP plan in operation, including the HACCP plan itself. (6) “Hazard” means Food Safety Hazard. (7) “Preventive measure” means physical, chemical, or other means that can be used to control an identified food safety hazard. (8) “Process-monitoring instrument” means an instrument or device used to indicate conditions during processing at a critical control point. (9) “Responsible establishment official” means the individual with overall authority on-site or a higher level official of the establishment. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2210 Corrective Actions (1) The written HACCP plan shall identify the corrective action to be followed in response to a deviation from a critical limit. The HACCP plan shall describe the corrective action to be taken, and assign responsibility for taking corrective action, to ensure: (a) The cause of the deviation is identified and eliminated; (b) The CCP will be under control after the corrective action is taken; (c) Measures to prevent recurrence are established; and (d) No product that is injurious to health or otherwise adulterated as a result of the deviation enters commerce. (2) If a deviation not covered by a specified corrective action occurs, or if another unforeseen hazard arises, the establishment shall: (a) Segregate and hold the affected product, at least until the requirements of sections (2)(b) and (2)(c) of this rule are met; (b) Perform a review to determine the acceptability of the affected product for distribution; (c) Take action, when necessary, with respect to the affected product to ensure that no product that is injurious to health or otherwise adulterated, as a result of the deviation, enters commerce; (d) Perform or obtain reassessment by an individual trained in accordance with OAR 603-029-2230, to determine whether the newly identified deviation or other unforeseen hazard should be incorporated into the HACCP plan. (3) All corrective actions taken in accordance with this section shall be documented in records that are subject to verification in accordance with OAR 603-029-2215(1)(b)(C) and the recordkeeping requirements of OAR 603-029-2220. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2220 Records (1) The establishment shall maintain the following records documenting the establishment's HACCP plan: (a) The written hazard analysis prescribed in OAR 603-029-2205(1), including all supporting documentation; (b) The written HACCP plan, including decision making documents associated with the selection and development of CCP's and critical limits, and documents supporting both the monitoring and verification procedures selected and the frequency of those procedures. (c) Records documenting the monitoring of CCP's and their critical limits, including the recording of actual times, temperatures, or other quantifiable values, as prescribed in the establishment's HACCP plan; the calibration of process-monitoring instruments; corrective actions, including all actions taken in response to a deviation; verification procedures and results; product code(s), product name or identity, or slaughter production lot. Each of these records shall include the date the record was made. (2) Each entry on a record maintained under the HACCP plan shall be made at the time the specific event occurs and include the date and time recorded, and shall be signed or initialed by the establishment employee making the entry. (3) Prior to shipping product, the establishment shall review the records associated with the production of that product, documented in accordance with this section, to ensure completeness, including the determination that all critical limits were met and, if appropriate, corrective actions were taken, including the proper disposition of product. Where practicable, this review shall be conducted, dated, and signed by an individual who did not produce the record(s), preferably by someone trained in accordance with OAR 603-029-2230, or the responsible establishment official. (4) Records maintained on computers. The use of records maintained on computers is acceptable, provided that appropriate controls are implemented to ensure the integrity of the electronic data and signatures. (5) Record retention. Establishments shall retain all records required by section (1)(c) of this rule as follows: (a) For slaughter activities for at least one year; for refrigerated product, for at least one year; for frozen, preserved, or shelf-stable products, for at least two years. (b) Off-site storage of records required by section (1)(c) of this rule is permitted after six months, if such records can be retrieved and provided, on-site, within 24 hours of a Department employee's request. (6) Official review. All records, plans, and procedures required by OAR 603-029-2200 to 603-029-2235 shall be available for official review and copying. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2225 Inadequate HACCP Systems A HACCP system may be found to be inadequate if: (1) The HACCP plan in operation does not meet the requirements set forth in this rule; (2) Establishment personnel are not performing tasks specified in the HACCP plan; (3) The establishment fails to take corrective actions, as required by OAR 603-029-2210; (4) HACCP records are not being maintained as required in OAR 603-029-2220; or (5) Adulterated product is produced or shipped. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2230 Training (1) Only an individual who has met the requirements of section (2) of this rule, but who need not be an employee of the establishment, shall be permitted to perform the following functions: (a) Development of the HACCP plan, in accordance with OAR 603-029-2205(2), which could include adapting a generic model that is appropriate for the specific product; and (b) Reassessment and modification of the HACCP plan, in accordance with OAR 603-029-2210. (2) The individual performing the functions listed in section (1) of this rule shall have successfully completed a course of instruction in the application of the seven HACCP principles to meat or poultry product processing, including a segment on the development of a HACCP plan for a specific product and on record review. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2235 Agency Verification (1) The Department will verify the adequacy of the HACCP plan(s) by determining that each HACCP plan meets the requirements of this rule and all other applicable rules. (2) Such verification may include: (a) Reviewing the Hazard Analysis and flow chart; (b) Reviewing the HACCP plan; (c) Reviewing the CCP records; (d) Reviewing and determining the adequacy of corrective actions taken when a deviation occurs; (e) Reviewing the critical limits; (f) Reviewing other records pertaining to the HACCP plan or system; (g) Direct observation or measurement at a CCP; (h) Sample collection and analysis to determine the product meets all safety standards; and (i) On-site observations and record review. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2300 Notification Each state-inspected establishment must promptly notify the Department within 24 hours of learning or determining that an adulterated or misbranded meat, meat product, poultry, or poultry product received by a state-inspected establishment or originating from an official federal establishment, CIS establishment, or state-inspected establishment has entered commerce, if the state-inspected establishment believes or has reason to believe that this has happened. The state-inspected establishment must inform the Department of the type, amount, origin, and destination of the adulterated or misbranded product. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2305 Preparation and Maintenance of Written Recall Procedures Each state-inspected establishment must prepare and maintain written procedures for the recall of any meat, meat product, poultry, or poultry product produced and shipped by the State-inspected establishment. These written procedures must specify how the State-inspected establishment will decide whether to conduct a product recall, and how the establishment will effect the recall, should it decide that one is necessary. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2310 Records All records, including records documenting procedures required by this rule, must be available for official review and copying. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2400 Purpose and Scope This rule of Division 29 prescribes the preparation of meat and meat products. The rules further the purposes of Division 29 by, among other things, preventing the adulteration or misbranding of meat at State-inspected establishments. OAR 603-029-1100 to 603-029-1190, OAR 603-029-1200 to 603-029-1299, OAR 603-029-2405, ORS 619, and ORS 616, specify rules for the use of certain food ingredients (e.g., food additives and color additives) and sources of radiation that may render meat adulterated or misbranded. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2415 Prohibited Uses (1) Substances that conceal damage or inferiority or make products appear better or of greater value. No substance may be used in or on any meat if it conceals damage or inferiority or makes the product appear to be better or of greater value than it is. Therefore: (a) Paprika or oleoresin paprika may not be used in or on fresh meat, such as steaks, or comminuted fresh meat, such as chopped and formed steaks or patties; or in any other meat consisting of fresh meat (with or without seasoning). (b) Paprika or oleoresin paprika may be used in or on chorizo sausage and other meat in which paprika or oleoresin paprika is permitted as an ingredient in a standard of identity or composition in OAR 603-029-1200 to 603-029-1299. (c) Sorbic acid, calcium sorbate, sodium sorbate, and other salts of sorbic acid shall not be used in cooked sausages or any other meat; sulfurous acid and salts of sulfurous acid shall not be used in or on any meat; and niacin or nicotinamide shall not be used in or on fresh meat product; except that potassium sorbate, propylparaben (propyl p-hydroxybenzoate), and calcium propionate, may be used in or on any product, only as provided in this Division 29 . (2) Nitrates. Nitrates shall not be used in curing bacon. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2610 Thermal Processing (1) Process schedules. Prior to the processing of canned product for distribution in commerce, a state-inspected establishment must have a process schedule (as defined in OAR 603-029-2600) for each canned meat or poultry product to be packed by the state-inspected establishment. (2) Source of process schedules: (a) Process schedules used by a state-inspected establishment must be developed or determined by a processing authority. (b) Any change in product formulation, ingredients, or treatments that are not already incorporated in a process schedule and that may adversely affect either the product heat penetration profile or sterilization value requirements must be evaluated by the state-inspected establishment's processing authority. If it is determined that any such change adversely affects the adequacy of the process schedule, the processing authority must amend the process schedule accordingly. (c) Complete records concerning all aspects of the development or determination of a process schedule, including any associated incubation tests, must be made available by the state-inspected establishment to the Department upon request. (3) Submittal of process information. (a) Prior to the processing of canned product for distribution in commerce, the state-inspected establishment must provide the inspector at the state-inspected establishment with a list of the process schedules (including alternate schedules) along with any additional applicable information, such as the retort come-up, operating procedures, and critical factors. (b) Letters or other written communications from a processing authority recommending all process schedules must be maintained on file by the state-inspected establishment. Upon request by the Department, the state-inspected establishment must make available such letters or written communications (or copies thereof). If critical factors are identified in the process schedule, the state-inspected establishment must provide the inspector with a copy of the procedures for measuring, controlling, and recording these factors, along with the frequency of such measurements, to ensure that the critical factors remain within the limits used to establish the process schedule. Once submitted, the process schedules and associated critical factors and the procedures for measuring (including the frequency), controlling, and recording of critical factors must not be changed without the prior written submittal of the revised procedures (including supporting documentation) to the inspector at the state-inspected establishment. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022