justicedao/ipfs_state_laws huggingface dataset:
603-024-0585 Suspension Order (1) Whenever the department is presented epidemiological evidence as determined by the Health Division of the Department of Human Resources which indicates that raw milk from a licensed raw milk producer-distributor is the suspected source of human infection, the department shall issue an order immediately suspending the sale of such milk unless it is first diverted to a pasteurization plant. In addition, the department shall order that all raw milk produced by the producer-distributor be immediately seized, detained or embargoed pursuant to ORS 561.605 to 561.620. The producer-distributor may appeal the department’s order as provided in ORS 561.605 to 561.620. (2) Unless otherwise directed, the order shall remain in effect until herd testing and genetic fingerprinting either support or are inconsistent with the epidemiological evidence. If subsequent heard testing supports the epidemiological link, the department’s order suspending raw milk sales shall remain in effect until the producer-distributor satisfactorily documents that it has complied with the protocols in section (3) of this rule. If subsequent herd testing does not support the epidemiological link, the department shall lift the suspension order, allowing raw milk sales to resume. (3) The protocols for re-establishing raw milk sales are: (a) The entire dairy herd tested as appropriate at the dairy’s expense; (b) All samples must be collected by an accredited veterinarian and tested in a laboratory acceptable to the department. Statutory/Other Authority: ORS 561.190, 561.605 - 561.620, 616.220 & 621.072 Statutes/Other Implemented: ORS 561.605 - 561.620, 616.220 & 621.072 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 8-1995, f. & cert. ef. 4-14-95 AD 15-1994(Temp), f. & cert. ef. 9-9-94
603-024-0586 Suspension for Violation If a violation of the grade standard for bacteria, temperature or coliform occurs within six months of any prior suspension for violation of the same standard, the license may be resuspended without benefit of the notice of violation and additional sampling, and without benefit of the three-day waiting period, if notice has been given within the six months that further violation of the same character will be grounds for further suspension. Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 8-1980, f. & cert. ef. 11-20-80 AD 676, f. 7-18-61, cert. ef. 8-11-61, Renumbered from 603-024-0635
603-024-0589 Abnormal Milk Standard and Test (1) The abnormal milk standards for milk for manufacturing purposes shall be determined by examination or testing for total somatic cells (leukocyte count) of at least four samples of milk from each producer during every six-month period. The leukocyte count shall be determined by a Direct Microscopic Somatic Cell Count, an electronic somatic cell count, or any other test which will give comparable results and is approved by the department. (2) The abnormal milk standard shall be determined in the following manner: (a) A Direct Microscopic Somatic Cell Count or Electronic Somatic Cell Count shall be conducted on each producer's milk at least four times in each six-month period; (b) A milk sample having a leukocyte count of 500,000 or more per milliliter (ml.) shall be deemed to be violative of the abnormal milk standard; (c) The three out of five compliance method shall apply in the case of all abnormal milk showing 500,000 or more leukocytes per ml.; (d) Whenever two of the last four consecutive leukocyte counts exceed the limit of the standards, the producer shall be given a warning letter which shall be in effect so long as two of the last four samples exceed the limit. An additional sample shall be taken within 21 days from the date of the notice, but not before the lapse of three (3) days. Milk shall be unlawful grade whenever the standard is violated by three of the last five leukocyte counts. No action is taken if the additional sample is within the standard (less than 500,000 cells per ml.). Release from unlawful grade is made with the first satisfactory sample. (3) Cows which show an extensive induration of one or more quarters of the udder upon physical examination and/or secreting abnormal milk shall be temporarily excluded from the milking herd. Cows giving bloody, stringy, or abnormal milk shall be excluded from the herd until re-examination shall show that the milk has become normal. (4) Milk from quarters of cow's udder treated with antibiotics for udder infection shall be withheld from the market according to manufacturer's recommendation. Statutory/Other Authority: ORS 651 & 621 Statutes/Other Implemented: 621.060 History: DOA 19-2023, amend filed 05/11/2023, effective 05/22/2023 DOA 6-2013, f. & cert. ef. 4-26-13 DOA 6-2002, f. & cert. ef. 1-28-02
603-024-0590 Dairy Farm and Milk Plant Inspection (1) If, upon inspection of a dairy farm or milk plant by the Department, a violation of any item of sanitation as contained herein for the licensed grade then held is noted on two successive inspections made not less than three days apart, and notice has been given within six months of the second violation that further violation will be grounds for suspension, the license permitting use of the specified grade designation with milk or milk products may be suspended for a specific period of time which in no case shall exceed ten days. (2) A copy of all inspection reports will be posted by the Department in a conspicuous place on an inside wall of the licensee’s farm or milk plant, as the case may be, and shall not be defaced or removed without approval of the Department. (3) A producer, producer-distributor, or distributor found in violation of any requirement(s) shall be notified by inspection report or in writing and given a reasonable time to correct such violation(s) before a second inspection is made. The requirement of giving written notice shall be deemed to have been satisfied by the handing to the operator, or by posting of, an inspection report required by this section. After receipt of a notice of violation, but before the allotted time has elapsed, the producer, producer-distributor, or distributor shall have an opportunity to contact the chief of the inspection agency to question the items marked in violation or for requesting an extension of the time allowed for correction. (4) Whenever a producer, producer-distributor, or distributor ceases to operate under a current license, such license privileges are deemed suspended unless again authorized by an approval inspection. Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 8-1980, f. & cert. ef. 11-20-80 AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0638.5 AD 883(13-68), f. & cert. ef. 7-1-68 AD 676, f. 7-18-61, cert. ef. 8-11-61 AD 630, f. & cert. ef. 1-19-60
603-024-0592 Examination for Somatic Cells Examination of milk and enforcement of the standard for Grade A milk and milk products shall be as follows: (1) A Wisconsin mastitis test or D.M.S.C.C. shall be conducted on each producer's or producer-distributor's raw milk at least four times during separate months in each six-month period. (2) Except for the standard set forth in section (5) of this rule, a milk sample having a somatic cell count of 500,000 or more per milliliter (ml.) shall be deemed to be violative of the somatic cell standard. (3) Except for the standard set forth in section (5) of this rule, the three-out-of-five compliance method shall apply in the case of all abnormal milk showing 500,000 or more somatic cells per ml. except that a period of no more than three days shall be allowed between warning notice and the taking of the next official test (including a D.M.S.C.C. for enforcement purposes). (4) Except for the standard set forth in section (5) of this rule, whenever two of the last four consecutive somatic cell counts exceed the limit of the standard, the producer shall be given a warning letter which shall be in effect so long as two of the last four samples exceed the limit. An additional sample shall be taken but not before the lapse of three days. Immediate suspension of the milk shall be instituted whenever the standard is violated by three of the last five somatic cell counts. No action shall be taken if the additional sample is within the standard (less than 500,000 cells per ml.). Release from suspension shall be made with first satisfactory sample. (5) A sample of goat's milk having a somatic cell count of 1,500,000 or more per milliliter (ml.) or sheep’s milk having a somatic cell count of 750,000 or more per milliliter (ml.) shall be deemed to be violative of the somatic cell standard. Otherwise, the provisions of this section apply to goat's and sheep’s milk. Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 19-2023, amend filed 05/11/2023, effective 05/22/2023 DOA 6-2013, f. & cert. ef. 4-26-13 DOA 8-2012, f. 4-13-12, cert. ef. 7-1-12 DOA 6-2002, f. & cert. ef. 1-28-02 AD 10-1986, f. & cert. ef. 6-11-86 AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0639.5 AD 883(13-68), f. & cert. ef. 7-1-68
603-024-0594 Drug Residue Test; Violation of Test (1) Antibiotic tests on each producer’s milk or on commingled raw milk shall be conducted at least four times during any consecutive six months. When commingled milk is tested, all producers shall be represented in the samples. All individual sources of milk shall be tested when test results on the commingled milk are positive. (2) Violation of the drug residue test shall be cause for immediate license suspension, which shall be effective until a sample is received which shows a negative result. Such notice of suspension is subject to review in the manner provided by ORS 183.484. (3) After a third violation in a twelve-month period, the Department shall initiate proceedings to revoke the producer’s Grade “A” license pursuant to ORS 183. Statutory/Other Authority: 621.060, 621.073 & ORS 561.190 Statutes/Other Implemented: ORS 621.060 & 621.073 History: DOA 24-2018, amend filed 09/10/2018, effective 09/10/2018 DOA 13-2016, f. & cert. ef. 6-20-16 DOA 6-2002, f. & cert. ef. 1-28-02, Renumbered from 603-024-0640.5 AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74 AD 883(13-68), f. & cert. ef. 7-1-68
603-024-0596 Grading (1) Each shipment or pick-up of grade A fluid milk shall be graded as to its acceptable quality by a licensed sampler/grader. If it is not acceptable and is rejected as unfit for grade A use, a record (forms supplied by the Department) is to be made showing: (a) Producer’s name and number; (b) Market or pooling agent; (c) Date and time; (d) Quantity; (e) Cause for rejection; (f) Disposition of the rejected milk. (2) The original copy of the record is to be forwarded to the Department, Food and Safety Division, not later than seven days following the rejection. Statutory/Other Authority: ORS 561.190, 621.060 & 621.261 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0641.5 AD 951(18-71), f. 9-27-71, cert. ef. 10-15-71
603-024-0598 Tests and Analyses In addition to official laboratory results, certified laboratories using recognized standard methods may perform tests and analyses for standard plate count, coliform count, phosphatase, drug residues (antibiotics), added water (cryoscope), somatic cells, and potable water for which they are certified and such results may be acceptable as official. Tests and analyses of finished products performed by the processor of that product are not acceptable as official, unless approved by the Department. Statutory/Other Authority: ORS 561.190, 621.060 & 621.261 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 951(18-71), f. 9-27-71, cert. ef. 10-15-71, Renumbered from 603-024-0642.5
603-024-0605 Health of Cows, Goats, and Sheep and Abnormal Milk (1) In addition to the requirements of OAR 603-024-0211, all herds of cows goats and sheep producing milk for human consumption as defined in 603-024-0019 and for which a standard of identity has been established in 603-024-0017(2) shall be in compliance with the laws of the State of Oregon and regulations promulgated thereunder relating to tuberculosis and brucellosis. (2) Raw Milk For Human Consumption: Goat and Sheep dairies selling raw milk for human consumption shall comply with the following: (a) Brucellosis: All animals in the herd that are more than 6 months of age shall be tested for brucellosis at a lab approved by the Department at intervals of no more than 12 months. (b) Tuberculosis: All animals in the herd that are more than 6 months of age shall be tested for tuberculosis at a lab approved by the Department at intervals of no more than 12 months. (3) For other diseases such tests and examinations as the Department may require after consultation with the State Veterinarian shall be made at intervals and according to methods prescribed and any diseased animals shall be disposed of as may be required. Statutory/Other Authority: ORS 561.190, 616.230 & 621.060 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 6-2013, f. & cert. ef. 4-26-13 DOA 6-2002, f. & cert. ef. 1-28-02 AD 3-1993, f. & cert. ef. 1-28-93 AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0656.01 AD 883(13-68), f. & cert. ef. 7-1-68
603-024-0613 Construction and Facilities of Milk House A milk house shall be constructed and maintained in accordance with the following: The milk house used by retail raw milk dairies (producer-distributor) shall consist of two rooms separating the handling of milk and storage of cleaned utensils from the cleaning and other operations which shall be so located as to prevent any contamination of milk or of cleaned equipment. The facility shall comply with the requirements of OAR 603-024-0211. The milk house rooms shall be of adequate size subject to approval by the Department to satisfactorily handle the volume of milk to be cooled, bottled, capped, and the washing of utensils, containers, and equipment. Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 6-2013, f. & cert. ef. 4-26-13 DOA 6-2002, f. & cert. ef. 1-28-02 AD 9-1983, f. & cert. ef. 8-22-83 AD 8-1980, f. & cert. ef. 11-20-80 AD 1044(34-75), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0656.05 AD 883(13-68), f. & cert. ef. 7-1-68
603-024-0621 Utensils and Equipment Construction, Installation, and Use Farm tanks in all new or replacement installations shall be equipped with an approved type recording thermometer with a temperature range of 32 degrees F. to 180 degrees F. and interval timers for agitation of the milk. (1) Accuracy of the recording thermometer shall be within plus or minus two degrees. The recording device should be installed in an area convenient to the milk storage tank and acceptable to the regulatory agency. The sensor bulb or device shall be located so as to record the temperature of the milk in the tank before it reaches ten percent of the tank volume; (2) The interval timer shall be set and adjusted so that the milk will be agitated not less than a five minute period with a frequency of at least once every two hours. Statutory/Other Authority: ORS 561.190, 621.060 & 621.261 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 1070, f. & cert. ef. 11-20-75, Renumbered to 603-024-0621 AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74 AD 883(13-68), f. & cert. ef. 7-1-68
603-024-0640 Cooling (1) Temperature recording charts approved by the Department shall be provided for farm tank recording thermometers. The pickup driver and licensed milk grader shall examine chart for temperature record and compliance with requirements at the time of receipt of the milk. He shall date, sign, and replace the old chart with a new one. The charts shall be kept for 90 days for observation by graders, sanitarians, and for other official purposes. (2) Farm tanks in all new or replacement installations shall be equipped with approved type recording thermometers with a temperature range of 32 degrees F. to 180 degrees F. and interval timers for agitation of the milk: (a) Accuracy of the recording thermometer shall be within plus or minus 2 degrees F. The recording device should be installed in an area convenient to the milk storage tank and acceptable to the regulatory agency. The sensor bulb or device shall be located so as to record the temperature of the milk in the tank before it reaches ten percent of the tank volume; (b) The interval timer shall be set and adjusted so that the milk will be agitated not less than a five minute period with a frequency of at least once every two hours. Statutory/Other Authority: ORS 561.190, 621.060 & 621.261 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 6-2013, f. & cert. ef. 4-26-13 DOA 6-2002, f. & cert. ef. 1-28-02 AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0656.19 AD 883(13-68), f. & cert. ef. 7-1-68
603-024-0641 Transportation of Milk and Milk Products and Surroundings All producer Grade A raw milk for pasteurization must be picked up at least once each 72 hour period. In addition, to facilitate cleaning of the farm bulk tank, the tank shall be completely emptied once each 72 hour period. Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 13-2016, f. & cert. ef. 6-20-16 DOA 6-2002, f. & cert. ef. 1-28-02 AD 9-1983, f. & cert. ef. 8-22-83, Renumbered from 603-024-0656.20 AD 883(13-68), f. & cert. ef. 7-1-68
603-024-0741 Definitions and Standards for Frozen Desserts In accordance with ORS 621.311, definitions and standards for frozen desserts adopted by the Food and Drug Administration of the United States Department of Health, Education and Welfare are hereby adopted as the definitions and standards of identity for frozen desserts in the State of Oregon. These definitions and standards are set forth in OAR 603-024-0017(2). In addition, no wholesaler shall sell, offer for sale or have in his possession with intent to sell a frozen dessert or frozen dessert mix to a retailer which has a bacteria count in excess of 50,000 per gram. Frozen desserts in which cultured milk is an ingredient shall not be required to meet any minimum bacteria count standards. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561, 616 & 621 Statutes/Other Implemented: ORS 621.311 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 8-1985, f. & ef. 9-20-85 AD 10-1984, f. & ef. 7-6-84 AD 3-1979, f. & ef. 3-13-79 AD 1075(21-75), f. & ef. 12-31-75
603-024-0746 New License Payments; Frozen Dessert Wholesaler License Expiration ; Operating without a License (1) New license payments must be received within 14 calendar days of the department’s initial approval inspection. If a new license payment is not received within 14 calendar days of the initial approval inspection, the establishment will be considered operating without a license. (2) Each license shall expire on June 30 next following the date of issuance. (3) The department will collect a delinquent renewal penalty for any license fee if the licensee fails to renew the license before the 60th calendar day after the license expiration date. (4) The delinquent renewal penalty shall be $30. (5) The department will send a notice to all licensees who fail to renew their license by the 30th calendar day after their license expires, that a delinquent renewal penalty will be collected if their license fee is not paid before the 60th calendar day after the license expires. (6) The department will send a notice to all licensees who have failed to renew their license by the 60th calendar day after their license expires, that a delinquent renewal penalty must be paid in addition to the license fee before the license is renewed. (7) The department will waive the delinquent renewal penalty if: (a) The licensee's failure to renew the license prior to the 60th calendar day was caused entirely or in part by a department error or omission; or (b) The licensee notifies the department in writing prior to the 60th calendar day after the license has expired, that the licensee will not engage in the licensed activity any time during the current license period. However, if the licensee resumes the licensed activity during the current license period, the licensee must pay both the license renewal fee and the delinquent renewal penalty. (8) The delinquent renewal penalty will be assessed in addition to any other penalty or liability, provided by law, for engaging in an activity licensed by the department without obtaining and maintaining a valid license. (9) A previously licensed frozen dessert wholesaler will be considered to be operating without a license if it fails to renew the license by the 90th calendar day after the license expires. (10) If a person fails to obtain a required license, or if a person’s required license lapses, the Department may order the closure of such person’s operations. In ordering the closure of a person’s operations for failing to obtain a required license or allowing a required license to lapse, the Department shall follow the procedures set forth in OAR 603-025-0520 to 603-025-0535. Statutory/Other Authority: ORS 561, 616 & 621 Statutes/Other Implemented: ORS 561.300, ORS 616.706 & ORS 621.335 History: DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021 DOA 11-2018, adopt filed 03/12/2018, effective 03/12/2018
603-024-0785 Frozen Yogurt Dessert Mix; Frozen Yogurt Dessert; Standards of Identity and Label Statements In accordance with ORS 621.311, the following definitions and standards are established: (1) “Frozen Yogurt Dessert Mix” or “Frozen Yogurt Mix” is the food prepared from the product identified in Title 21, CFR, Chapter 1, Section 131.200, except that the titratable acidity shall not be less than 0.20 percent, expressed as lactic acid, with or without added milk solids, flavoring, or seasoning, and which shall be free of molds, yeast, and other fungi, as well as other objectionable bacteria which may impair the quality of such product. Matured and wholesome fruit or approved flavors may be added for fruit, fruit flavored, or flavored yogurts. Addition of sugar is optional. (2) “Frozen Yogurt Dessert” is a frozen product produced from a frozen yogurt dessert mix identified in section (1) of this rule and which complies with all the identity standards contained therein. (3) Each of the products identified in sections (1) and (2) of this rule shall be labeled as provided in ORS 621.320. (4) Compliance with the coliform standard shall be deemed to have been met if the number of coliform organisms does not exceed ten per gram per sample in more than two of the last five samples. No enforcement action shall be taken if the last sample is within the standard. Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.311 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 3-1987, f. & ef. 2-13-87 AD 5-1977, f. & ef. 3-14-77 AD 1104(25-76), f. & ef. 9-13-76
603-024-0795 Nondairy Frozen Dessert: Identity Nondairy Frozen Dessert is the food prepared in accordance with the requirements adopted under OAR 603-024-0741, except that: (1) It contains no milk, milkfat or milk solids. (2) Its content of edible oil or fat is not less than two (2) percent. (3) Its content of food solids is not less than 1.3 pounds per gallon. (4) It may contain: (a) Harmless edible stabilizers and emulsifiers; (b) Nutritive carbohydrate sweeteners; or (c) Fruit or fruit juices, nut meats, harmless flavoring or harmless coloring. (5) The name of the food is “Nondairy Frozen Dessert.” Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.311 History: AD 8-1985, f. & ef. 9-20-85