justicedao/ipfs_state_laws huggingface dataset:
603-029-1430 Handling of Products Which may Have Become Adulterated or Misbranded; Authorization and Other Requirements (1) When it is claimed that any inspected and passed product, marked with an Oregon inspection legend, has become adulterated or misbranded after it has been transported from a state-inspected establishment, such product may be transported in commerce to a state-inspected establishment after oral permission is obtained from a Department supervisor. The transportation of the product may be to the state-inspected establishment from which it had been transported or to another state-inspected establishment designated by the person desiring to handle the product. The transportation shall be authorized only for the purpose of officially determining if the product has become adulterated or misbranded and making the appropriate disposition. The supervisor shall make a record of the authorization and such other information which will effectively identify the shipment and shall provide a copy of the record to the inspector at the establishment receiving the product. The shipper shall be furnished a copy of the authorization record upon request. (2) Upon the arrival of the shipment at the state-inspected establishment, a careful inspection shall be made of the product by a Department inspector, and if it is found that the article is not adulterated, the same may be received into the establishment; but if the article is found to be adulterated, it shall at once be stamped “Oregon inspected and condemned” and disposed of in accordance with OAR 603-029-0800 to 603-029-0850, and if it is found to be misbranded, it shall be handled in accordance with OAR 603-029-1105(4): Provided, That when a product is found to be affected with one of the correctable conditions specified in OAR 603-029-1105(4), in respect to which rehandling is permitted, it may be transported from the state-inspected establishment to another state-inspected establishment for such rehandling as is necessary to assure that the product is not adulterated or misbranded when finally released. The transportation of such a product from a state-inspected establishment shall be done in a manner prescribed in each specific case by the Department. 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
603-029-1445 Certificates, Retention by Carrier All original certificates delivered to a carrier in accordance with this rule shall be filed separate and apart from all its other papers and records or identified in such a manner as to be readily checked by Department employees. Every certificate required to be maintained under this rule shall be retained for a period of 2 years after December 31 of the year in which the transaction has occurred. 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
603-029-1450 Evidence of Proper Certification Required on Waybills; Transfer Bills, etc., for Shipment by Connecting Carrier; Forms of Statement All waybills, transfer bills, running slips, conductor's cards, or other papers accompanying a shipment in commerce of any product shall have embodied therein, stamped thereon, or attached thereto a signed statement which shall be evidence to connecting carriers that the proper shipper's certificate, as required by OAR 603-029-1410, OAR 603-029-1415, or OAR 603-029-1420, is on file with the initial carrier. No connecting carrier shall receive for transportation or transport in commerce any product unless the waybill, transfer bill, running slip, conductor's card, or other papers accompanying the same includes the signed statement in the following form: [Form 603-029-1450] 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
603-029-1455 Official Seals; Forms, Use, and Breaking (1) The official seals required by this rule shall be those prescribed in OAR 603-029-0625. (2) Except as provided in OAR 603-029-1465(2), official seal affixed under this rule shall be affixed or broken only by Department employees, and no person other than a Department employee shall affix, detach, break, change, or tamper with any such seal in any way whatever. Commission of any such acts contrary to this rule is a criminal offense. 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
603-029-1460 Loading or Unloading Products in Sealed Railroad Cars, Trucks, etc., En Route Prohibited; Exception Unloading any product from an officially sealed railroad car, truck, or other means of conveyance containing any unmarked product or loading any product or any other commodity in the means of conveyance while en-route from one state-inspected establishment to another state-inspected establishment is not permitted, except that product transported under OAR 603-029-1410 from one state-inspected establishment to another for further processing may be unloaded and stored in transit at an approved warehouse provided that the product is transported to and from such warehouse, and under official seal as provided in OAR 603-029-1410 and stored in such rooms at such warehouse. 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
603-029-1465 Diverting of Shipments, Breaking of Seals, and Reloading by Carrier in Emergency; Reporting to the Department (1) Shipments of inspected and passed product that bear the Oregon inspection legend may be diverted from the original destination without a reinspection of the articles, provided the waybills, transfer bills, running slips, conductor's card, or other papers accompanying the shipments are marked, stamped, or have attached thereto signed statements in accordance with OAR 603-029-1450. (2) In case of wreck or similar extraordinary emergency, the Department seals on a railroad car or other means of conveyance containing any inspected and passed product may be broken by the carrier, and if necessary, the articles may be reloaded into another means of conveyance, or the shipment may be diverted from the original destination, without another shipper's certificate; but in all such cases the carrier shall immediately report the facts by telephone or email to the Department . Such report shall include the following information: (a) Nature of the emergency. (b) Place where seals were broken. (c) Original points of shipment and destination. (d) Number and initial of the original car or truck. (e) Number and initials of the car or truck into which the articles are reloaded. (f) New destination of the shipment. (g) Kind and amount of articles. 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
603-029-1470 Provisions Inapplicable to Specimens for Laboratory Examination, etc., or to Naturally Inedible Articles The provisions of this rule do not apply: (1) To specimens of product sent to or by the Department of Agriculture or divisions thereof in Washington, DC, or elsewhere, for laboratory examination, exhibition purposes, or other official use; (2) To material released for educational, research and other nonfood purposes, as prescribed in OAR 603-029-0840; (3) To glands and organs for use in preparing pharmaceutical, organotherapeutic, or technical products and not used for human food, as described in OAR 603-029-1100(7); (4) To material or specimens of product for laboratory examination, research, or other nonhuman food purposes, when authorized by the Department, and under conditions prescribed by it in specific cases; and (5) To articles that are naturally inedible by humans, such as hoofs, horns, and hides in their natural state. 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
603-029-1480 Means of Conveyance in Which Dead, Dying, Disabled, or Diseased Meat Animal and Parts of Carcasses Thereof Shall be Transported All vehicles and other means of conveyance used by persons subject to OAR 603-029-1475 for transporting in commerce in Oregon any dead, dying, disabled, or diseased meat animal or parts of carcasses of meat animal that died otherwise than by slaughter shall be leak-proof and so constructed and equipped as to permit thorough cleaning and sanitizing. The means of conveyance so used in conveying such meat animal, or parts thereof, shall be cleaned and disinfected prior to use in the transportation of any product intended for use as human food. The cleaning procedure shall include the complete removal from the means of conveyance of any fluid, parts, or product of such dead, dying, disabled, or diseased meat animals and the thorough application of a disinfectant to the interior surfaces of the cargo space. Substances permitted for such use are: (1) “Liquified phenol” (U.S.P. strength 87 percent phenol) in the proportion of at least 6 fluid ounces to 1 gallon of water. (2) “Cresylic disinfectant” in the proportion of not less than 4 fluid ounces to 1 gallon of water; and such other disinfectants as are approved by the Department in specific cases. The use of “cresylic disinfectant” is permitted subject to the conditions prescribed in 9 CFR 71.10(b). 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
603-029-1500 Opportunity for Presentation of Views Before Report of Criminal Violations (1) Except as provided in subsections (1)(a) through (e) of this rule, before the Department refers any violation of ORS chapter 603 or 619, or rules adopted thereunder, for criminal prosecution, the Department must give reasonable notice to the suspected violator that the Department intends to refer the violation for prosecution and give the suspected violator an opportunity to present the violator's views to the Department with respect to such proceeding. (a) Notice and opportunity need not be provided if the Department has any reason to believe that providing such notice and opportunity could result in the alteration or destruction of evidence, or where disclosure could result in injury to persons or property. (b) Notice and opportunity need not be provided if the Department has any reason to believe that providing such notice and opportunity could result in flight of a suspected violator to avoid prosecution. (c) Notice and opportunity need not be provided if the Department has any reason to believe that providing such notice and opportunity could result in compromising special investigative techniques, such as undercover or other covert operations. (d) Notice and opportunity need not be provided when the impending criminal referral involves suspicion of bribery and related offenses, or clandestine slaughtering and/or processing operations. (e) Notice and opportunity need not be provided when the impending referral is part of an investigation involving violations of law other than ORS chapter 603 or 619, or rules adopted thereunder, and the multiple types of violations are jointly referred for prosecution. (2) A notice of opportunity to present views will be sent by registered or certified mail, summarize the violations that constitute the basis of the contemplated prosecution, and describe the procedures for presentation of views. Any information given by a respondent, orally or in writing, shall become part of the Department's official record concerning the matter. The Department is under no obligation to disclose evidence to the suspected violator. 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
603-029-1505 Seizure, Embargo, and Detainment (1) Any meat, meat product, or dead, dying, disabled, or diseased meat animal is subject to seizure, embargo, or detainment as provided in ORS 561.605 to 561.630 and this rule if: (a) It is adulterated, misbranded, or unwholesome and is capable of use as human food; or (b) It is in any other way in violation of ORS 619.026 to 619.066, or any rule adopted thereunder. (2) The Department shall affix a tag or notice to the meat, meat product, or meat animal being seized, embargoed, or detained that states “Oregon Seized,” “Oregon Embargoed,” or “Oregon Detained,” as applicable. The Department shall also affix a notice to the meat, meat product, or meat animal being seized, embargoed, or detained that warns all persons that the meat, meat product, or meat animal may not be removed from the place at which it is being held without written permission from the Department. (3) No person shall remove or deface any notice placed upon meat, meat products, or meat animals seized, embargoed, or detained by the Department, or move them from the place designated in the notice without written permission from the Department. (4) When meat, a meat product, or a meat animal is seized, embargoed, or detained, the Department shall: (a) Orally notify the immediate custodian of the meat, meat product, or meat animal; and (b) Promptly furnish a Notice of Seizure, Notice of Embargo, or Notice of Detainment to the immediate custodian of the meat, meat product, or meat animal; or, if the owner of the meat, meat product, or meat animal is not the immediate custodian at the time of seizure, embargo, or detainment, and the owner or owner’s agent can be ascertained and notified, the Department shall furnish a copy of the Notice of Detainment, Notice of Seizure, or Notice of Embargo to the owner or owner’s agent as soon as possible by personally serving such notice or by mailing it via certified mail to the owner or owner’s agent’s last known residence or principal office or place of business. (5) Within the first 48 hours after the seizure, embargo, or detainment of any meat, meat product, or meat animal under this rule, the Department shall give oral or written notification of such seizure, embargo, or detainment to the FSIS and any state or other governmental authorities having jurisdiction over such meat, meat product, or meat animal. (6) The provisions of this rule relating to seizure, condemnation, and detainment of meat, meat products, or meat animals do not derogate from authority for condemnation or seizure conferred by other provisions of law. 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
603-029-1510 Hearing Request Regarding Seizure, Embargo, or Detainment (1) A request for a hearing on the propriety of seizure, embargo, or detainment and related matters must be filed with the Department in writing within 10 days of receiving actual notice of such action. The request may be filed either by the owner or the person in possession, but the time limited for filing such request is to be computed from the time the required notice is first received by either of such persons. When the Department receives a request for a hearing, it shall designate the time and place of hearing. (2) The hearing shall not be held sooner than 10 days after the request for a hearing has been received by the Department. However, if the subject matter of the Department’s action is perishable goods, or if, in the opinion of the Department, other good and sufficient reason appears, the hearing may, at the request of the owner or person in possession of such goods, be held at an earlier date. 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
603-029-1515 Conduct of Hearing Regarding Seizure, Embargo, or Detainment; Action by Department Following Hearing (1) A hearing regarding a seizure, embargo, or detainment 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. (2) If it appears that the meat, meat product, or meat animal is not being stored, sold, kept, offered, or exposed for sale in violation of law, it shall be released to the owner or person in possession. If it appears that all or part of the meat, meat product, or meat animal may be reconditioned or relabeled or segregated in such a way as to comply with state laws, the owner or person in possession may cause it to be reconditioned, relabeled, or segregated at the owner’s or person’s own expense, after which the Department shall release it. If it appears that all or a part of the meat, meat product, or meat animal may not be reconditioned, relabeled or segregated in such a way as to comply with state laws, that portion which may not be so treated shall be destroyed, unless the owner or person in possession executes and delivers to the Department a good and sufficient bond to the effect that the meat, meat product, or meat animal shall not be sold, disposed of or used contrary to the laws of Oregon and the rules, regulations or orders thereunder promulgated. If any meat, meat product, or meat animal is found to be unfit for human consumption but suitable for animal feeding, it may be used for animal feeding as permitted by the Department. 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
603-029-1520 Department’s Voluntary Termination of Seizure, Embargo, or Detainment (1) If the Department voluntarily terminates a seizure, embargo, or detainment, the Department shall: (a) Orally notify the immediate custodian of the meat, meat product, or meat animal; and (b) Furnish copies of a Notice of Termination of Seizure, Notice of Termination of Embargo, Notice of Termination of Detainment, or Disposition by Agreement, to the persons notified when the meat, meat product, or meat animal was seized, embargoed, or detained. 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. (2) If the Department voluntarily terminates a seizure, embargo, or detainment, the Department may require all official marks to be removed from the meat, meat product, or meat animal before it is released, unless the meat, meat product, or meat animal is eligible to retain such marks. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.046, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-1525 Action by Department When Hearing Regarding Seizure, Embargo, or Detainment Not Timely Requested, or When Person in Possession Does Not Timely Comply with Department’s Order or Perfect an Appeal (1) In the event that the owner or person in possession does not request a hearing on the propriety of a seizure, embargo, or detainment within the time limited for making such request, the Department may summarily destroy or otherwise dispose of the subject matter of the action, or, if the owner or person in possession of such meat, meat product, or meat animal does not within 30 days after the hearing either comply with the orders of the Department as to reconditioning, relabeling or segregating or perfect an appeal to the circuit court, the Department may summarily destroy or otherwise dispose of the subject matter of the action. (2) If it appears to the Department that there is a reasonable possibility that a meat, meat product, or meat animal is capable of salvage and the owner or person in possession does not seek to regain custody within the time and in the manner provided in ORS 561.605 to 561.620, the Department may dispose of the meat, meat product, or meat animal so as to obtain such salvage. Any salvage so recovered shall, after paying the costs of sale or disposition and including storage, if any, be remitted to the true owner, if known, or if not known, then to the person in possession. A sale or disposition for salvage shall be upon such conditions as to labeling, reconditioning or segregation as the Department deems necessary to comply with the law relating to such meat, meat product, or meat animal. 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
603-029-1530 Resolution of Seizure, Embargo, or Detainment by Agreement Nothing in ORS 561.605 to 561.630 or these Division 29 rules shall be construed as requiring that a hearing be held in connection with the seizure, embargo, or detainment of illegal or suspected meat, meat products, or meat animals or as prohibiting the release, destruction or other disposition of meat, meat products, or meat animals 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
603-029-1535 Condemnation or Quarantine of Building, Equipment, Vehicle, or Facility (1) The Department may condemn or quarantine any building, equipment, vehicle, or facility that is part of, or used by, a state-inspected establishment, if the Department determines, by inspection or test, that the building, equipment, vehicle, or facility is in violation of ORS 619.026 to 619.066 or any rule adopted thereunder. The Department shall: (a) Notify the owner or person in charge that such building, equipment, vehicle, or facility shall not be used for its intended purpose until the violation is corrected; and (b) Post a notice upon such building, equipment, vehicle, or facility to the effect that it is condemned or quarantined for further use on account of the violation. (2) The Department shall condemn any part of a state-inspected establishment where meat products destined for sale or distribution are prepared, packed, stored, sold, or distributed for consumption outside such premises, and any vehicle used in the transportation of such products, if the Department determines that it is kept in an unclean, unhealthy, or insanitary condition. The Department shall: (a) Notify the owner or person in charge that such state-inspected establishment or vehicle shall not be used for its intended purpose until it is put in a sanitary condition by making the changes ordered in the notice; and (b) Post a notice upon such state-inspected establishment or vehicle to the effect that it is condemned for further use on account of the unclean, unhealthful or insanitary condition. (3) A Notice of Condemnation or Notice of Quarantine shall not be removed without prior approval of the Department. Continued use of the condemned or quarantined building, equipment, vehicle, or facility without making the changes ordered, or unauthorized removal of the notice, is a violation of law. 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