justicedao/ipfs_state_laws huggingface dataset:
603-029-1540 Hearing Request Regarding Condemnation or Quarantine; Conduct of Hearing (1) A request for a hearing on the propriety of a Notice of Condemnation or Notice of Quarantine must be filed with the Department in writing within 20 days of issuance of the notice. (2) A hearing regarding a Notice of Condemnation or Notice of Quarantine shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. The hearing shall be conducted pursuant to the procedures for contested cases under ORS chapter 183 and OAR chapter 137, division 3. 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
603-029-1545 Department’s Voluntary Termination of Condemnation or Quarantine (1) If the Department voluntarily terminates a condemnation or quarantine, the Department shall: (a) Orally notify the owner or person in possession; and (b) Furnish copies of a Notice of Termination of Condemnation or Notice of Termination of Quarantine to the persons notified when the Notice of Condemnation or Notice of Quarantine was issued. (2) The notice shall be personally served or shall be mailed via certified mail to such persons at their last known residence or principal office or place of business. 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
603-029-1550 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 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
603-029-1555 Regulatory Control Action (1) The Department may take a regulatory control action because of: (a) Insanitary conditions or practices; (b) Meat product adulteration or misbranding; (c) Conditions that preclude the Department from determining that the meat product is not adulterated or misbranded; or (d) Inhumane handling or slaughtering of livestock. (2) If a regulatory control action is taken, an inspector will immediately notify the state-inspected establishment orally and in writing of the action and the basis for the action. (3) A state-inspected establishment may challenge a regulatory control action by requesting that a supervisor review the propriety of the regulatory control action. 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
603-029-1560 Withholding Action or Suspension Without Prior Notification (1) The Department may take a withholding action or impose a suspension without providing the state-inspected establishment prior notification if: (a) The state-inspected establishment produced and shipped adulterated or misbranded product as defined in 21 USC §§ 601-602 or 603-029-0010; (b) The state-inspected establishment does not have a HACCP plan as specified in 603-029-2205; (c) The state-inspected establishment does not have Sanitation Standard Operating Procedures as specified in 603-029-2145; (d) Sanitary conditions are such that products in the state-inspected establishment are or would be rendered adulterated; (e) The state-inspected establishment violated the terms of a regulatory control action; (f) A state-inspected establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with a Department employee; or (g) The state-inspected establishment did not destroy a condemned meat, meat product, or meat animal that has been found to be adulterated and that has not been reprocessed, in accordance with OAR 603-029-0800 to 603-029-0850, within three days of notification. (2) The Department also may impose a suspension without providing the state-inspected establishment prior notification because the state-inspected establishment is handling or slaughtering animals inhumanely. 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
603-029-1565 Withholding Action or Suspension With Prior Notification The Department may take a withholding action or impose a suspension after a state-inspected establishment is provided prior notification and the opportunity to demonstrate or achieve compliance if: (1) The HACCP system is inadequate, as specified in 603-029-2225, due to multiple or recurring non-compliances; (2) The Sanitation Standard Operating Procedures have not been properly implemented or maintained as specified in 603-029-2145 to 603-029-2170; (3) The state-inspected establishment has not maintained sanitary conditions as prescribed in 603-029-2105 to 603-029-2125 due to multiple or recurring non-compliances; (4) The state-inspected establishment did not collect and analyze samples for Escherichia coli Biotype I and record results in accordance with 603-029-0498(1); or (5) The state-inspected establishment did not meet the Salmonella performance standard requirements prescribed in 603-029-0498(2). 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
603-029-1570 Procedures for Withholding Actions and Suspensions (1) If the Department takes a withholding action or imposes a suspension, the state-inspected establishment shall be notified orally and, as promptly as circumstances permit, in writing. The written Notice of Withholding Action or Notice of Suspension shall: (a) State the effective date of the action(s); (b) Describe the reasons for the action(s); (c) Identify the products or processes affected by the action(s); (d) Provide the state-inspected establishment an opportunity to present immediate and corrective action and further planned preventive action; (e) Advise the state-inspected establishment that it may challenge the action by requesting that a supervisor review the propriety of the action; and (f) Comply with the requirements of ORS 183.415. (2) If the Department determines that the condition prompting the withholding action or suspension poses a serious danger to the public health or safety, the Department may make the Notice of Withholding Action or Notice of Suspension effective immediately. In such circumstances, OAR 137-003-0560 is applicable. (3) The prior notification provided for in OAR 603-029-0110 shall: (a) State the type of action that the Department may take; (b) Describe the reason for the proposed action; (c) Identify the products or processes affected by the proposed action; (d) Advise the state-inspected establishment of its right to contact the Department to contest the basis for the proposed action or to explain how compliance has been or will be achieved; and (e) Advise the state-inspected establishment that it will have three business days from receipt of the written notification to respond to the Department unless the time period is extended by the Department. (4) A state-inspected establishment may challenge the Notice of Withholding Action or Notice of Suspension by requesting that a supervisor review the propriety of the action. A state-inspected establishment may also file a written request for a hearing with the Department within 20 days of issuance of the Notice of Withholding Action or Notice of Suspension. If the state-inspected establishment timely requests a hearing, such hearing will be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3. Upon request, or if the Notice of Withholding Action or Notice of Suspension is effective immediately, the Department will request that the hearing be expedited. (5) The Department may hold a suspension in abeyance and allow the state-inspected establishment to operate under the conditions agreed to by the Department and 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 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-1575 Withdrawal of Grant of Inspection (1) The Department may issue a Notice of Withdrawal of Inspection if: (a) A state-inspected establishment produced and shipped adulterated product; (b) A state-inspected establishment did not have or maintain a HACCP plan in accordance with OAR 603-029-2200 to 603-029-2230; (c) A state-inspected establishment did not have or maintain Sanitation Standard Operating Procedures in accordance with OAR 603-029-2170; (d) A state-inspected establishment did not maintain sanitary conditions; (e) A state-inspected establishment did not collect and analyze samples for Escherichia coli Biotype I and record results as prescribed in OAR 603-029-0498(1); (f) A state-inspected establishment did not slaughter or handle livestock humanely; (g) A state-inspected establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with a Department employee; or (h) A recipient of inspection or anyone responsibly connected to the recipient is unfit to engage in any business requiring inspection as specified in OAR 603-029-0115(1) (2) If the Department issues a Notice of Withdrawal of Inspection, the state-inspected establishment may file a written request for a hearing with the Department within 20 days of issuance of the Notice of Withdrawal of Inspection. If the state-inspected establishment timely requests a hearing, such hearing shall be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3. (3) If the Department determines that the condition prompting the Notice of Withdrawal of Inspection poses a serious danger to the public health or safety, the Department may make the Notice of Withdrawal of Inspection effective immediately. In such circumstances, OAR 137-003-0560 is applicable. 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
603-029-1580 Refusal to Approve Marks, Labels, or Containers; Rescinding Such Approval (1) The Department may rescind or refuse approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat product not in accordance with OAR 603-029-1002. (2) If the Department rescinds or refuses approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat product, the Department shall issue a written notice that: (a) States the effective date of the action; (b) Explains the reason for rescinding or refusing the approval; (c) Provides an opportunity for the state-inspected establishment to modify the marking, labeling, or container so that it will no longer be false or misleading; and (d) Advises the state-inspected establishment of its opportunity to submit a written statement to respond to the notice; (e) Complies with the requirements of ORS 183.415. (3) If the Department rescinds or refuses approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat product, a state-inspected establishment may file a written request for a hearing with the Department within 20 days of issuance of the Department’s written notice. If the state-inspected establishment timely requests a hearing, such hearing shall be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3. (4) If the Department determines that the false or misleading marks, labels, or sizes or forms of any container for use with any meat product pose a serious danger to the public health or safety, the Department may make the rescinding of its approval effective immediately. In such circumstances, OAR 137-003-0560 is applicable. 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
603-029-2010 Approval of Generic Labels (1)(a) A state-inspected establishment is authorized to use generically approved labels, as defined in section (2) of this rule, and thus is free to use such labels without submitting them to the Department for approval, provided the label, in accordance with this rule, displays all mandatory features in a prominent manner in compliance with OAR 603-029-1000 to 603-029-1058, and is not otherwise false or misleading in any particular. (b) The Department will select samples of generically approved labels from the records maintained by state-inspected establishments to determine compliance with label requirements. If the Department finds that a state-inspected establishment is using a false or misleading label, it will institute the proceedings prescribed in OAR 603-029-0115 to revoke the approval for the label. (2) Generically approved labels are labels that bear all applicable mandatory labeling features (i.e., product name, safe handling statement, ingredients statement, the name and place of business of the manufacturer, packer or distributor, net weight, legend, safe handling instructions, and nutrition labeling) in accordance with Division 29. Labels that bear claims and statements that are defined in Division 29 or the Food Standards and Labeling Policy Book, published in August of 2005 (except for natural and negative claims), such as a statement that characterizes a product's nutrient content, such as “low fat,” has geographical significance, such as “German Brand,” or makes a country of origin statement on the label of any meat or poultry product “covered commodity”,(see OAR 603-029-1010(1)(an) and that comply with those regulations are also deemed to be generically approved by the Department without being submitted for evaluation and approval. Allergen statements (e.g., “contains soy”) applied in accordance with the Food Allergen Labeling and Consumer Protection Act are also deemed generically approved. NOTE: See OAR 603-029-1010(2)(nn). Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.046 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-2100 Sanitation - General Rules Each state-inspected establishment must be operated and maintained in a manner sufficient to prevent the creation of insanitary conditions and to ensure that product is not adulterated. 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
603-029-2110 Equipment and Utensils (1) Equipment and utensils used for processing or otherwise handling edible product or ingredients must be of such material and construction to facilitate thorough cleaning and to ensure that their use will not cause the adulteration of product during processing, handling, or storage. Equipment and utensils must be maintained in sanitary condition so as not to adulterate product. (2) Equipment and utensils must not be constructed, located, or operated in a manner that prevents Department employees from inspecting the equipment or utensils to determine whether they are in sanitary condition. (3) Receptacles used for storing inedible material must be of such material and construction that their use will not result in the adulteration of any edible product or in the creation of insanitary conditions. Such receptacles must not be used for storing any edible product and must bear conspicuous and distinctive marking to identify permitted uses. 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
603-029-2115 Sanitary Operations (1) All food-contact surfaces, including food-contact surfaces of utensils and equipment, must be cleaned and sanitized as frequently as necessary to prevent the creation of insanitary conditions and the adulteration of product. (2) Non-food-contact surfaces of facilities, equipment, and utensils used in the operation of the state-inspected establishment must be cleaned and sanitized as frequently as necessary to prevent the creation of insanitary conditions and the adulteration of product. (3) Cleaning compounds, sanitizing agents, processing aids, and other chemicals used by a state-inspected establishment must be safe and effective under the conditions of use. Such chemicals must be used, handled, and stored in a manner that will not adulterate product or create insanitary conditions. Documentation substantiating the safety of a chemical's use in a food processing environment must be available to Department employees for review. (4) Product must be protected from adulteration during processing, handling, storage, loading, and unloading at and during transportation from state-inspected establishments. 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
603-029-2120 Employee Hygiene (1) Cleanliness. All persons working in contact with product, food-contact surfaces, and product-packaging materials must adhere to hygienic practices while on duty to prevent adulteration of product and the creation of insanitary conditions. (2) Clothing. Aprons, frocks, and other outer clothing worn by persons who handle product must be of material that is disposable or readily cleaned. Clean garments must be worn at the start of each working day and garments must be changed during the day as often as necessary to prevent adulteration of product and the creation of insanitary conditions. (3) Disease control. Any person who has or appears to have an infectious disease, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, must be excluded from any operations which could result in product adulteration and the creation of insanitary conditions until the condition is corrected. 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
603-029-2125 Tagging Insanitary Equipment, Utensils, Rooms or Compartments (1) When a Department employee finds that any equipment, utensil, room, compartment, building, or vehicle that is part of, or used by, a state-inspected establishment is kept in an unclean, unhealthy, or insanitary condition or that its use could cause the adulteration of product, the Department employee shall attach to it an “Oregon Rejected” tag. Equipment, utensils, rooms, compartments, buildings, or vehicles so tagged may not be used until made acceptable. Only a Department employee may remove an “Oregon Rejected” tag. The Department shall: (a) Notify the owner or person in charge that such equipment, utensil, room, compartment, building, or vehicle shall not be used for its intended purpose until the violation is corrected; and (b) Post a Notice of Condemnation or Notice of Quarantine upon such building, equipment, vehicle, or facility to the effect that it is condemned or quarantined for further use on account of the violation. The Notice of Condemnation or Notice of Quarantine shall: (A) State the effective date of the action(s); (B) Describe the reasons for the action(s); (C) Identify the equipment, utensil, room, compartment, building, or vehicle that is tagged with an “Oregon Rejected” tag; and (D) Comply with the requirements of ORS 183.415. (2) When a Department employee finds that any equipment, utensil, room, compartment, building, or vehicle that is part of, or used by, a state-inspected establishment, is in violation of ORS 619.026 to 619.066 or any rule adopted thereunder, the Department employee may attach to it an “Oregon Rejected” tag. Equipment, utensils, rooms, compartments, buildings, or vehicles so tagged may not be used until made acceptable. Only a Department employee may remove an “Oregon Rejected” tag. The Department shall: (a) Notify the owner or person in charge that such equipment, utensil, room, compartment, building, or vehicle shall not be used for its intended purpose until the violation is corrected; and (b) Post a Notice of Condemnation or Notice of Quarantine upon such equipment, utensil, room, compartment, building, or vehicle to the effect that it is condemned or quarantined for further use on account of the violation. The Notice of Condemnation or Notice of Quarantine shall: (A) State the effective date of the action(s); (B) Describe the reasons for the action(s); (C) Identify the equipment, utensil, room, compartment, building, or vehicle that is tagged with an “Oregon Rejected” tag; and (D) Comply with the requirements of ORS 183.415. 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
603-029-2130 Hearing Request Regarding Condemnation or Quarantine; Conduct of Hearing (1) A request for a hearing on the propriety of a condemnation or quarantine action taken under OAR 603-029-2125 must be filed with the Department in writing within 20 days of issuance of the Notice of Condemnation or Notice of Quarantine. (2) A hearing regarding an action taken under OAR 603-029-2125 shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. The hearing shall be conducted pursuant to the procedures for contested cases under ORS chapter 183 and OAR chapter 137, division 3. 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
603-029-2135 Department’s Voluntary Termination of Condemnation or Quarantine If the Department voluntarily terminates a condemnation or quarantine, the Department shall: (1) Orally notify the owner or person in possession; and (2) Furnish copies of a Notice of Termination of Condemnation or Notice of Termination of Quarantine to the persons notified when the Notice of Condemnation or Notice of Quarantine was issued. The notice shall be personally served or shall be mailed via certified mail to such persons at their last known residence or principal office or place of business. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022