603-024-0543 Labeling All final delivery containers used for the sale of fluid milk or any product of fluid milk for which a standard of identity has been established shall be plainly labeled and marked as described in OAR 603-024-0017 and the requirements listed below: (1) If the contents are raw: (a) The words “This product has not been pasteurized, may contain disease producing organisms,” immediately preceding or following the standard of identity name as set forth in OAR 603-024-0019(24); (b) The wording prescribed in subsection (a) of this section shall be in bold-face type not less than one-fourth (1/4) inch in height; and (c) The wording prescribed in subsection (a) of this section shall not be obscured either wholly or in part by the open date labeling (pull date) or the price declarations. (2) Raw milk and raw milk products displayed for sale at retail shall not be commingled with pasteurized milk or pasteurized milk products and shall be physically separated therefrom. (3) The phrase “within the limits of good manufacturing practice” refers to a reasonable deviation from the declared standard or label claim. (4) Identity of the milk plant at which the contents are pasteurized and bottled. In case of a nonprocessing distributor, a code number assigned by the department may be used in lieu of the name and address of the milk plant at which the milk is pasteurized and bottled. (5) The label shall show the list of ingredients, including the common name of edible stabilizers or emulsifiers if stabilizers or emulsifiers have been added. When modified starch is added as an optional ingredient, the product name on the principal display panel shall be immediately followed by the terms “with starch” or “with starch added.” The following product grouping may be listed by their common name: (a) Skim milk, concentrated skim milk, and nonfat dry milk may be declared as “skim milk”; (b) Milk, concentrated milk, and dried milk may be declared as “milk”; (c) Bacterial cultures may be declared by the word “cultured” followed by the name of the substrate; e.g., “made from cultured skim milk or cultured buttermilk”; (d) Sweetcream buttermilk, concentrated sweetcream buttermilk, and dried sweetcream buttermilk may be declared as “buttermilk”; (e) Cheese whey, concentrated cheese whey, and dried cheese whey may be declared as “whey”; (f) Cream, dried cream, and plastic cream (sometimes known as concentrated milkfat) may be declared as “cream”; (g) Butteroil and anhydrous butterfat may be declared as “butter”; (h) Dried whole eggs, frozen whole eggs, and liquid whole eggs may be declared as “eggs”; (i) Dried egg whites, frozen egg whites, and liquid egg whites may be declared as “egg whites”; (j) Dried egg yolks, frozen egg yolks, and liquid egg yolks may be declared as “egg yolks”; (k) Sugar (sucrose) shall be declared as “sugar,” and invert sugar may be declared as “sugar.” (6) Sweeteners derived from corn may be declared as “corn sweeteners.” (7) Labeled grade of milk product shall not be higher than the lowest grade of any one constituent of fluid milk of which it is composed. (8) Any labeled statement and illustration on final delivery containers for comparing the mineral and vitamin nutritive value of fluid milk or milk products are identified in OAR 603-024-0017 with each other of other foods shall be accompanied by a statement identifying the source of the labeled nutritive comparison claims. Statutory/Other Authority: ORS 561.190, 621.060, 621.311 & 621.405 Statutes/Other Implemented: ORS 621.060 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 21-1993, f. & cert. ef. 12-15-93 AD 3-1987, f. & ef. 2-13-87