justicedao/ipfs_state_laws huggingface dataset:
603-029-1145 Adulteration of Product by Polluted Water; Procedure for Handling (1) In the event there is polluted water (including but not limited to flood water) in a state-inspected establishment, all products and ingredients for use in the preparation of such products that have been rendered adulterated by the water shall be condemned. (2) After the polluted water has receded from a state-inspected establishment, all walls, ceilings, posts, and floors of the rooms and compartments involved, including the equipment therein, shall, under the supervision of an inspector, be cleaned thoroughly by the state-inspected establishment personnel. An adequate supply of hot water under pressure is essential to make such cleaning effective. After cleaning, a solution of sodium hypochlorite containing approximately one-half of 1 percent available chlorine (5,000 p/m) or other equivalent disinfectant approved by the Department shall be applied to the surface of the rooms and equipment and rinsed with potable water before use. (3) Hermetically sealed containers of product which have been contaminated by polluted water shall be examined promptly by the state-inspected establishment under supervision of an inspector and re-handled as follows: (a) Separate and condemn all product in damaged or extensively rusted containers. (b) Remove paper labels and wash the remaining containers in warm soapy water, using a brush where necessary to remove rust or other foreign material. Disinfect these containers by either of the following methods: (A) Immerse in a solution of sodium hypochlorite containing not less than 100 p/m of available chlorine or other equivalent disinfectant approved by the Department,1 rinse in potable water, and dry thoroughly; or list of approved disinfectants is available upon request to Scientific Services, Meat and Poultry Inspection Program, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. (B) Immerse in 212 °F. water, bring temperature of the water back to 212 °F. and maintain the temperature at 212 °F. for 5 minutes, then remove containers from water and cool them to 95 °F. and dry thoroughly. (c) After handling as described in subsection (3)(b) of this rule, the containers may be re-lacquered, if necessary, and then relabeled with approved labels applicable to the product therein. (d) The identity of the canned product shall be maintained throughout all stages of the re-handling operations to insure correct labeling of the containers. 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
603-029-1150 Tagging Chemicals, Preservatives, Cereals, Spices, etc., “Oregon Retained” When any chemical, preservative, cereal, spice, or other substance is intended for use in a state-inspected establishment, it shall be examined by a Department employee and if found to be unfit or otherwise unacceptable for the use intended, or if final decision regarding acceptance is deferred pending laboratory or other examination, the employee shall attach a “Oregon Retained” tag to the substance or container thereof. The substance so tagged shall be kept separate from other substances as the supervisor may require and shall not be used until the tag is removed, and such removal shall be made only by a Department employee after a finding that the substance can be accepted, or, in the case of an unacceptable substance, when it is removed from the 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
603-029-1155 Pesticide Chemicals and Other Residues in Products (1) Nonmeat ingredients. Residues of pesticide chemicals, food additives and color additives or other substances in or on ingredients (other than meat, meat byproducts, and meat products) used in the formulation of products shall not exceed the levels permitted under the Federal Food, Drug, and Cosmetic Act, 21 CFR Parts 70-80, 21 CFR Parts 170-180, and 40 CFR Part 180, and such nonmeat ingredients must otherwise be in compliance with the requirements under that Act. (2) Products, and meat, meat byproduct, or other meat product ingredients. Products, and products used as ingredients of products, shall not bear or contain any pesticide chemical, food additives, or color additive residue in excess of the levels permitted under the Federal Food, Drug, and Cosmetic Act, 21 CFR Parts 70-80, 21 CFR Parts 170-180, 40 CFR Part 180, OAR 603-057-0216, and the rules in this Division 29, or any other substance that is prohibited by such rules or that otherwise makes the products adulterated. (3) Standards and procedures. Instructions specifying the standards and procedures for determining when ingredients of finished products are in compliance with this rule shall be issued to the inspectors by the Department. Copies of such instructions will be made available to interested persons upon request made to the Department. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 616.341, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-1160 Requirements for the Production of Cooked Beef, Roast Beef, and Cooked Corned Beef Products (1) Cooked beef, roast beef, and cooked corned beef products must be produced using processes ensuring that the products meet the following performance standards: (a) Lethality. A 6.5-log10 reduction of Salmonella or an alternative lethality that achieves an equivalent probability that no viable Salmonella organisms remain in the finished product, as well as the reduction of other pathogens and their toxins or toxic metabolites necessary to prevent adulteration, must be demonstrated to be achieved throughout the product. The lethality process must include a cooking step. Controlled intermediate step(s) applied to raw product may form part of the basis for the equivalency. (b) Stabilization. There can be no multiplication of toxigenic microorganisms such as Clostridium botulinum, and no more than 1-log10 multiplication of Clostridium perfringens within the product. (2) For each product produced using a process other than one conducted in accordance with the Hazard Analysis and Critical Control Point (HACCP) system requirements in OAR 603-029-2200 to 603-029-2235, a state-inspected establishment must develop and have on file and available to the Department, a process schedule, as defined in OAR 603-029-0010. Each process schedule must be approved in writing by a process authority for safety and efficacy in meeting the critical controls established for the product in question. A process authority must have access to the state-inspected establishment in order to evaluate and approve the safety and efficacy of each process schedule. (3) Under the auspices of a processing authority, an establishment must validate new or altered process schedules by scientifically supportable means, such as information gleaned from the literature or by challenge studies conducted outside the plant. 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
603-029-1165 Handling of Certain Material for Mechanical Processing Material to be processed into “Mechanically Separated (Species)” shall be so processed within 1 hour from the time it is cut or separated from carcasses or parts of carcasses, except that such product may be held for no more than 72 hours at 40 °F. (4 °C.) or less, or held indefinitely at 0 °F. (−18 °C.) or less. “Mechanically Separated (Species)” shall, directly after being processed, be used as an ingredient in a meat product except that it may be held prior to such use for no more than 72 hours at 40 °F. (4 °C.) or less or indefinitely at 0 °F. (−18 °C.) or less. 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
603-029-1175 Use of Animal Drugs Animal drug residues are permitted in meat and meat products if such residues are from drugs which have been approved by the Food and Drug Administration and any such drug residues are within tolerance levels approved by the Food and Drug Administration under 21 CFR Part 556, unless otherwise determined by the Department and listed herein. 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
603-029-1180 Determination of Added Water in Cooked Sausages (1) For purposes of this rule, the following definitions apply. (a) Cooked sausage. Cooked sausage is any product described in OAR 603-029-1234 and OAR 603-029-1248 to 603-029-1252. (b) Group 1 Protein-Contributing Ingredients. Ingredients of meat animal or poultry origin from muscle tissue which is skeletal or which is found in the edible organs, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing; meat byproducts; mechanically separated (species); and poultry products; except those ingredients processed by hydrolysis, extraction, concentrating or drying. (c) Group 2 Protein-Contributing Ingredients. Ingredients from Group 1 protein-contributing ingredients processed by hydrolysis, extraction, concentrating, or drying, or any other ingredient which contributes protein. (2) The amount of added water in cooked sausage is calculated by: (a) Determining by laboratory analysis the total percentage of water contained in the cooked sausage; and (b) Determining by laboratory analysis the total percentage of protein contained in the cooked sausage; and (c) Calculating the percentage of protein in the cooked sausage contributed by the Group 2 protein-contributing ingredients; and (d) Subtracting one percent from the total percentage of protein calculated in (2)(c)); and (e) Subtracting the remaining percentage of protein calculated in (2)(c) from the total protein content determined in (2)(b); and (f) Calculating the percentage of indigenous water in the cooked sausage by multiplying the percentage of protein determined in (2)(e) by 4, (This amount is the percentage of water attributable to Group 1 protein-contributing ingredients and one percent of Group 2 protein-contributing ingredients in a cooked sausage.); and (g) Subtracting the percentage of water calculated in (2)(f) from the total percentage of water determined in (2)(a). (This amount is the percentage of added water in a cooked sausage.) The equation for the narrative description of the calculation for added water is as follows: AW = TW-(TP-(P-1.0))4, Where AW = Added Water, TW-Total Water Determined by Laboratory Analysis, TP = Total Protein Determined by Laboratory Analysis, P = Protein Contributed by Group 2 Protein-Contributing Ingredients, 1.0 = Percent Allowance for Group 2 Protein-Contributing Ingredients, 4 = Moisture-Protein Ratio for Cooked Sausage. 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
603-029-1200 Labeling and Preparation of Standardized Products (1) Labels for products for which standards of identity or composition are prescribed in OAR 603-029-1200 to 603-029-1299 shall show the appropriate product name, an ingredient statement, and other label information in accordance with the special provisions, if any, in OAR 603-029-1200 to 603-029-1299, and otherwise in accordance with the general labeling provisions in OAR 603-029-1026 to 603-029-1060, and such products shall be prepared in accordance with the special provisions, if any, in this OAR 603-029-1200 to 603-029-1299 and otherwise in accordance with the general provisions in this Division 29. Any product for which there is a common or usual name must consist of ingredients and be prepared by the use of procedures common or usual to such products insofar as specific ingredients or procedures are not prescribed or prohibited by the provisions of this Division 29. (2) Any binder or antimicrobial agent that has been found to be safe and suitable by the Food and Drug Administration and the Food Safety and Inspection Service may be used in the production of meat products with standards of identity in this OAR 603-029-1200 to 603-029-1299, where the product standards and applicable rules already permit the use of these types of ingredients. 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
603-029-1202 Products and Nitrates and Nitrites Any product, such as frankfurters and corned beef, for which there is a standard in OAR 603-029-1200 to 603-029-1299 and to which nitrate or nitrite is permitted or required to be added, may be prepared without nitrate or nitrite and labeled with such standard name when immediately preceded with the term “Uncured” in the same size and style of lettering as the rest of such standard name: Provided, That the product is found by the Department to be similar in size, flavor, consistency, and general appearance to such product as commonly prepared with nitrate and nitrite: And provided further, That labeling for such product complies with the provisions of OAR 603-029-1022(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
603-029-1206 Limitations with Respect to use of Mechanically Separated (Species) (1) Meat products required to be prepared from one species shall not contain Mechanically Separated (Species) of any other species. (2) Mechanically Separated (Species) described in OAR 603-029-1204 that has a protein content of not less than 14 percent and a fat content of not more than 30 percent may constitute up to 20 percent of the meat animal and poultry product portion of any meat product except those listed in section (4) of this rule. (3) Mechanically Separated (Species) for processing described in OAR 603-029-1204 may constitute up to 20 percent of the meat animal and poultry product portion of any meat product that is subject to a definition and standard of identity or composition in OAR 603-029-1200 to 603-029-1299 which establishes a maximum limit on the fat content of such meat product except those listed in section (4) of this rule. (4) Mechanically Separated (Species) and Mechanically Separated (Species) for processing described in OAR 603-029-1204 shall not be used in baby, junior, or toddler foods, ground beef, hamburger, fabricated steaks (OAR 603-029-1210(1), (2), and (4)), barbecued meats (OAR 603-029-1214), roast beef-parboiled and steam roasted (OAR 603-029-1216), corned (cured) beef cuts (OAR 603-029-1218 to 603-029-1224), certain cured pork products (OAR 603-029-1226 (1) to (5) and 603-029-1230), tripe with milk (OAR 603-029-1278), lima beans with ham and similar products (OAR 603-029-1282), beef with gravy and gravy with beef (OAR 603-029-1287), and meat pies (OAR 603-029-1288). 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
603-029-1210 Miscellaneous Beef Products (1) Chopped beef, ground beef. “Chopped Beef” or “Ground Beef” shall consist of chopped fresh and/or frozen beef with or without seasoning and without the addition of beef fat as such, shall not contain more than 30 percent fat, and shall not contain added water, phosphates, binders, or extenders. When beef cheek meat (trimmed beef cheeks) is used in the preparation of chopped or ground beef, the amount of such cheek meat shall be limited to 25 percent; and if in excess of natural proportions, its presence shall be declared on the label, in the ingredient statement required by OAR 603-029-1004, if any, and otherwise contiguous to the name of the product. (2) Hamburger. “Hamburger” shall consist of chopped fresh and/or frozen beef with or without the addition of beef fat as such and/or seasoning, shall not contain more than 30 percent fat, and shall not contain added water, phosphates, binders, or extenders. Beef cheek meat (trimmed beef cheeks) may be used in the preparation of hamburger only in accordance with the conditions prescribed in section (1) of this rule. (3) Beef patties. “Beef Patties” shall consist of chopped fresh and/or frozen beef with or without the addition of beef fat as such and/or seasonings. Binders or extenders, Mechanically Separated (Species) used in accordance with OAR 603-029-1206, and/or partially defatted beef fatty tissue may be used without added water or with added water only in amounts such that the product characteristics are essentially that of a meat pattie. (4) Fabricated steak. Fabricated beef steaks, veal steaks, beef and veal steaks, or veal and beef steaks, and similar products, such as those labeled “Beef Steak, Chopped, Shaped, Frozen,” “Minute Steak, Formed, Wafer Sliced, Frozen,” “Veal Steaks, Beef Added, Chopped—Molded—Cubed—Frozen, Hydrolyzed Plant Protein, and Flavoring” shall be prepared by comminuting and forming the product from fresh and/or frozen meat, with or without added fat, of the species indicated on the label. Such products shall not contain more than 30 percent fat and shall not contain added water or extenders. Transglutaminase enzyme at levels of up to 65 ppm may be used as a binder. Beef cheek meat (trimmed beef cheeks) may be used in the preparation of fabricated beef steaks only in accordance with the conditions prescribed in section (1) of this rule. (5) Partially defatted beef fatty tissue. “Partially Defatted Beef Fatty Tissue” is a beef byproduct derived from the low temperature rendering (not exceeding 120°F.) of fresh beef fatty tissue. Such product shall have a pinkish color and a fresh odor and appearance. 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
603-029-1212 Miscellaneous Pork Products Partially defatted pork fatty tissue. “Partially Defatted Pork Fatty Tissue” is a pork byproduct derived from the low temperature rendering (not exceeding 120°F.) of fresh pork fatty tissue, exclusive of skin. Such product shall have a pinkish color and a fresh odor and appearance. 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
603-029-1214 Barbecued Meats Barbecued meats, such as product labeled “Beef Barbecue” or “Barbecued Pork,” shall be cooked by the direct action of dry heat resulting from the burning of hard wood or the hot coals therefrom for a sufficient period to assume the usual characteristics of a barbecued article, which include the formation of a brown crust on the surface and the rendering of surface fat. The product may be basted with a sauce during the cooking process. The weight of barbecued meat shall not exceed 70 percent of the weight of the fresh uncooked meat. 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
603-029-1216 Roast Beef Parboiled and Steam Roasted “Roast Beef Parboiled and Steam Roasted” shall be prepared so that the weight of the finished product, excluding salt and flavoring material, shall not exceed 70 percent of the fresh beef weight. Transglutaminase enzyme at levels of up to 65 ppm may be used as a binder in such product. Beef cheek meat and beef head meat from which the overlying glandular and connective tissues have been removed, and beef heart meat, exclusive of the heart cap may be used individually or collectively to the extent of 5 percent of the meat ingredients in the preparation of canned product labeled “Roast Beef Parboiled and Steam Roasted.” When beef cheek meat, beef head meat, or beef heart meat is used in the preparation of this product, its presence shall be reflected in the statement of ingredients required by OAR 603-029-1026 to 603-029-1060. 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
603-029-1218 Corned Beef “Corned Beef” shall be prepared from beef briskets, navels, clods, middle ribs, rounds, rumps, or similar cuts using one or a combination of the curing ingredients specified in a rule permitting that use in this Division 29, or in 21 CFR chapter I, subchapter A or subchapter B. Canned product labeled “Corned Beef” shall be prepared so that the weight of the finished product, excluding cure, salt, and flavoring material, shall not exceed 70 percent of the fresh beef weight. Corned beef other than canned shall be cured in pieces weighing not less than 1 pound, and if cooked, its weight shall not exceed the weight of the fresh uncured beef. Beef cheek meat, beef head meat and beef heart meat may be used to the extent of 5 percent of the meat ingredient in preparation of this product when trimmed as specified in OAR 603-029-1216. When beef cheek meat, beef head meat, or beef heart meat is used in preparation of this product, its presence shall be reflected in the statement of ingredients required by OAR 603-029-1026 to 603-029-1060. The application of curing solution to beef cuts, other than briskets, which are intended for bulk corned beef shall not result in an increase in the weight of the finished cured product of more than 10 percent over the weight of the fresh uncured meat. 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
603-029-1220 Corned Beef Brisket In preparing “Corned Beef Brisket,” the application of curing solution to the beef brisket shall not result in an increase in the weight of the finished cured product of more than 20 percent over the weight of the fresh uncured brisket. If the product is cooked, the weight of the finished product shall not exceed the weight of the fresh uncured brisket. 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
603-029-1222 Corned Beef Round and Other Corned Beef Cuts In preparing “Corned Beef Round” and other corned beef cuts, except “Corned Beef Briskets,” the curing solution shall be applied to pieces of beef weighing not less than one pound and such application shall not result in an increased weight of the cured beef product of more than 10 percent over the weight of the fresh uncured beef cut. If the product is cooked, the weight of the finished product shall not exceed the weight of the fresh uncured beef cut. 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