justicedao/ipfs_state_laws huggingface dataset:
603-028-0855 Labeling Requirements for Game Meat (1) Upon inspection of game meat and a determination that it is fit for human consumption, the inspector shall firmly affix a copy of the official inspection tag prescribed by the Department (see Exhibit 1) to the animal carcass and each part therefrom. (2) In lieu of the provisions of OAR 603-028-0700, a custom processing establishment that processes game meat, whether operated in conjunction with charitable organization or otherwise, shall label each individual package or each outside wrapper or container of game meat with the following: (a) The terms “Game Meat” and “Not For Sale” in letters at least 3/8” in height; (b) The name and address of the custom processing establishment; (c) The identity of the species of the game meat animal; and (d) The identity of the package contents (e.g., ribs, roasts, etc.). [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 561, 616 & 619 Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046 History: AD 21-1990, f. & cert. ef. 11-27-90 AD 5-1984, f. & ef. 4-17-84
603-028-0860 Game Meat Inspection Procedures (1) In order to qualify to inspect game meat for the purpose of determining its fitness for human consumption, under the provisions of ORS 619.095, employees of the State Department of Fish and Wildlife and of the State Police shall be certified to have successfully completed one of the inspectional training courses conducted by the Department. The certification shall be valid for three years from issuance. The certification may be renewed by submitting an application therefore and attending an inspectional refresher course conducted by the Department. (2) The inspection of game meat and the determination of its fitness for human consumption shall be carried out in accordance with the training provided by the Department, as applicable to the inspection of game meat, (in consideration of the differences between game meat animals and domestic meat animals), and may include but not be limited to a visual examination of the animal carcass and, if examined after processing of the carcass, of the muscle tissue, heart, lungs, liver, spleen, mesentery and lymph nodes for discoloration, bruises, abscesses or other evidence of disease, and for excessive parasite lesions. Statutory/Other Authority: ORS 561 & 619 Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046 History: DOA 12-2007, f. & cert. ef. 7-2-07 AD 5-1984, f. & ef. 4-17-84
603-028-0865 Game Meat Inspection Reports On or before the 10th day of each month, a copy of each completed official inspection tag for the prior month shall be submitted to the Department by the agencies employing inspectors. Statutory/Other Authority: ORS 561 & 619 Statutes/Other Implemented: ORS 603.085, 619.031 & 619.046 History: AD 5-1984, f. & ef. 4-17-84
603-028-0900 Purpose The Oregon Department of Agriculture Food Safety Program licenses and inspects all facets of Oregon’s food distribution system, except restaurants, to ensure food is safe for consumption. Education and technical assistance are vital to the prevention, correction, and abatement of food safety violations, and are preferred over regulatory action. However, regulatory action may be necessary to deter violations of food safety laws and rules, to educate persons about the consequences of such violations, and to compel compliance with food safety laws for the protection of consumers. The Department intends to initiate civil penalty actions when educational measures, technical assistance, warning letters, compliance agreements or other remedial measures fail to achieve compliance. Statutory/Other Authority: ORS 561.190, 603.995 & 619.996 Statutes/Other Implemented: ORS 603.995 & 619.996 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-028-0910 Definitions As used in OAR 603-028-0920 through 603-028-0930, in addition to the definitions set forth in OAR 603-028-0005 and 603-028-0600, the following shall apply: (1) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction. (2) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur. (3) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences. (4) “Moderate,” with respect to violations, means an incident, or series of incidents that may cause temporary or medically reversible adverse health consequences, or where the probability of serious adverse health consequences is remote. (5) "Repeat violation" means the recurrence of the same violation for each 24-hour period after a notice of noncompliance or assessment of civil penalty was issued within the preceding three years. It does not include a violation if the previous notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed. (6) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation. (7) "Violation" means the failure to comply with any requirement of ORS Chapter 603 or 619 or any rules adopted thereunder. Statutory/Other Authority: ORS 561.190, 603.995 & 619.996 Statutes/Other Implemented: ORS 603.995 & 619.996 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-028-0930 Penalty factors; procedure (1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 603.995 or 619.996, the Department shall consider the following factors, which are listed in prioritized order: (a) The immediacy and extent to which the violation threatens the public health or safety; (b) Any prior violations of statutes, rules or orders pertaining to meat or meat related activities. (c) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation. (2) Each 24-hour period a violation continues after the period of time established for compliance will be considered a separate violation unless the Department finds a different period of time is more appropriate to describe the specific violation event. (3) Repeat violations of OAR 603-028-0910 will be assessed as three times the penalty amount in OAR 603-028-0910, not to exceed $10,000. (4) A civil penalty imposed under this rule will comply with ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the mailing or personal service of the notice of civil penalty. Statutory/Other Authority: ORS 561.190, 603.995 & 619.996 Statutes/Other Implemented: ORS 603.995 & 619.996 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-029-0015 Scope The following types of establishments are subject to these Division 29 rules if they are inspected by the Oregon Department of Agriculture pursuant to a program of state meat inspection authorized by ORS chapter 603, and ORS chapter 619 that imposes requirements that are at least equal to those imposed under the Federal Meat Inspection Act (21 U.S.C. §§ 601 – 695) and the Humane Methods of Slaughter Act (7 U.S.C. §§ 1901 – 1907): (1) Slaughterhouse, as defined in ORS 603.010(12) and ORS 603.025(4)(c); (2) Meat seller, as defined in ORS 603.010(8) and ORS 603.025(4)(a); and (3) Non-slaughtering processor, as defined in ORS 603.010(9) and ORS 603.025(4)(b). Statutory/Other Authority: ORS 603.085, ORS 619.046 & OL 2020, Ch. 6 Statutes/Other Implemented: ORS 603.085, ORS 619.046 & ORS 619.042 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0100 Application for Inspection (1) Each establishment that wishes to be inspected by the Department under Division 29 shall make application therefor to the Department as provided for in OAR 603-029-0100 through 603-029-0115. (2) Every application for such inspection shall be made on an official form furnished by the Department and shall be completed to include all information requested. Trade names of the applicant for labeling purposes, shall be inserted in the appropriate blank in the application. Each applicant for inspection will be held responsible for compliance with the applicable Division 29 rules if inspection is granted. Preparation of product and other operations at the establishment for which inspection is granted may be conducted only by the applicant named in the application. (3) In cases of change of ownership or location, a new application shall be made. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0105 Information to be Furnished; Grant or Refusal of Inspection (1) The Department shall give notice in writing to each applicant granted inspection and shall specify in the notice the establishment, including the limits of the establishment's premises, to which the grant pertains. (2) The Department is authorized to grant inspection upon the determination that the applicant and the establishment are eligible therefor and to refuse to grant inspection at any establishment if it determines that it does not meet the requirements of OAR 603-029-0100 through 603-029-0115 or that the applicant has not received approval of labeling and containers to be used at the establishment as required by the regulations in OAR 603-029-0900 to 603-029-1058. Any application for inspection may be refused in accordance with OAR 603-029-1555. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0110 Conditions for Receiving Inspection (1) Before being granted inspection, an establishment must have developed written Sanitation Standard Operating Procedures, as required by OAR 603-029-2100 to 603-029-2175, and written recall procedures as required by OAR 603-029-2300 to 603-029-2310. (2) Before being granted inspection, an establishment shall have conducted a hazard analysis and developed and validated a HACCP plan, as required by OAR 603-029-2205 to 603-029-2215. A conditional grant of inspection shall be issued for a period not to exceed 90 days, during which period the establishment must validate its HACCP plan. (3) Before producing new product for distribution in commerce, an establishment shall have conducted a hazard analysis and developed a HACCP plan applicable to that product in accordance with OAR 603-029-2205. During a period not to exceed 90 days after the date the new product is produced for distribution in commerce, the establishment shall validate its HACCP plan, in accordance with OAR 603-029-2215. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0115 Refusal to Grant Inspection (1) The Department may issue a Notice of Refusal to Grant Inspection because: (a) An establishment does not have a HACCP plan as required by OAR 603-029-1000 to 603-029-1058; (b) An establishment does not have Sanitation Standard Operating Procedures as required by OAR 603-029-2100 to 603-029-2175; (c) An establishment has not demonstrated that adequate sanitary conditions exist in the establishment as required OAR 603-029-2100 to 603-029-2175; (d) An establishment has not demonstrated that livestock will be handled and slaughtered humanely; or (e) An establishment, or anyone responsibly connected with the establishment, has been convicted, in any federal or state court, of: (A) Any felony, or (B) More than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. A person shall be deemed to be responsibly connected with an establishment if the person was a partner, officer, director, holder, or owner of 10 percent or more of its voting stock or was an employee in a managerial or executive capacity. (2) If the Department issues a Notice of Refusal to Grant Inspection, the establishment may file a written request for a hearing with the Department within 20 days of issuance of the Notice of Refusal to Grant Inspection. If the 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. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0140 Official Numbers; Subsidiaries and Tenants (1) An official number shall be assigned to each establishment granted inspection pursuant to these Division 29 rules. Such number shall be used to identify all inspected and passed products prepared in the state-inspected establishment. More than one number shall not be assigned to a state-inspected establishment. (2) Two or more state-inspected establishments under the same ownership or control may be granted the same official number, provided a serial letter is added in each case to identify each establishment and the products thereof. (3) When inspection has been granted to any applicant at an establishment, it shall not be granted to any other person at the same establishment. However, persons operating as separate entities in the same building or structure may operate separate establishments therein only under their own grant of inspection. All such persons operating separate establishments in the same building or structure shall be responsible for compliance with these Division 29 rules in their own establishments, which shall include common areas, e.g., hallways, stairways, and elevators. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0145 Separation of State-Inspected Establishments (1) Each state-inspected establishment shall be separate and distinct from any establishment that is not state-inspected pursuant to these Division 29 rules. (2) Inspection shall not be inaugurated in any building, any part of which is used as living quarters, unless the part for which inspection is requested is separated from such quarters by floors, walls, and ceilings of solid concrete, brick, wood, or similar material, and the floors, walls, and ceilings are without openings that directly or indirectly communicate with any part of the building used as living quarters. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0150 Sanitation and Adequate Facilities Inspection shall not be inaugurated if an establishment is not in a sanitary condition nor unless the establishment agrees to maintain a sanitary condition and provides adequate facilities for conducting such inspection. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0155 Inauguration of Inspection When inspection is granted, the Department shall, at or prior to the inauguration of inspection, inform the operator of the establishment of the requirements of this Division 29. If the establishment, at the time inspection is inaugurated, contains any product which has not theretofore been inspected, passed, and marked in compliance with this Division 29, the identity of the same shall be maintained, and it shall not be distributed in commerce, or otherwise subject to the requirements of such regulations, or dealt with as inspected and passed under the regulations. The establishment shall adopt and enforce all necessary measures and shall comply with all such directions as the Department may prescribe, for carrying out the purposes of this rule Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0160 Reports of Violations Department employees shall report, in a manner prescribed by the Department, all violations of ORS chapter 619 or these Division 29 rules regarding which they have information. Statutory/Other Authority: ORS 603.015, ORS 619.021 & ORS 619.042 Statutes/Other Implemented: ORS 603.015, ORS 619.021 & ORS 619.042 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0200 Facilities for Department Employees Office space, including necessary furnishings, light, heat, and janitor service, shall be provided by state-inspected establishments, rent free, for the exclusive use for official purposes of the inspector and other Department employees assigned thereto. The space set aside for this purpose shall meet with approval of a supervisor and shall be conveniently located, properly ventilated and provided with lockers suitable for the protection and storage of Department supplies and with facilities suitable for Department employees to change clothing if such clothes changing facilities are deemed necessary by the Department. At the discretion of the Department, small state-inspected establishments requiring the services of less than one full time inspector need not furnish facilities for Department employees as prescribed in this section, where adequate facilities exist in a nearby convenient location. Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0215 Inspectors to Maintain Sanitary Conditions Inspectors shall maintain garments and implements in sanitary condition as prescribed by OAR 603-029-2110(1). Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 603.059, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0225 Overtime Charges and Holiday Inspection Service (1) For all services performed during the following times (which will be considered overtime), the State-inspected establishment shall be charged at a rate that is 150% of the base rate established in OAR 603-029-0220 for all time involved. Overtime charges shall be figured to the nearest one-half hour: (a) Times between 6 pm and 7 am Monday through Friday of each week; (b) After eight hours per facility visit; (c) At any time on Saturdays or Sundays; and (d) At any time on any day which is declared by law to be a holiday for state employees. (2) Overtime Service Charge: The minimum overtime service charge for Saturdays, Sundays and other legal holidays shall be four hours. (3) Charges may also be made to cover other expenses incurred by the department in connection with the furnishing of the service. (4) No Service Days: No service will be given on Thanksgiving, Christmas, or New Year’s Day. 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
603-029-0300 Ante-Mortem Inspection Examination of animals before slaughtering; diseased animals slaughtered separately and carcasses examined for the purpose of preventing the use in commerce of meat and meat products which are adulterated, the Director shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat animals before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment, in which they are to be slaughtered and the meat and meat products thereof are to be used in commerce; and all meat animals found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other meat animals, and when so slaughtered the carcasses of said meat animals shall be subject to a careful examination and inspection, all as provided by the rules prescribed by the Director. 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 603.065, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0305 Ante-Mortem Inspection on Premises of State-Inspected Establishments (1) All meat animals offered for slaughter in a state-inspected establishment shall be examined and inspected on the day of and before slaughter unless, because of unusual circumstances, prior arrangements acceptable to the Department have been made in specific cases by a supervisor for such examination and inspection to be made on a different day before slaughter. (2) Such ante-mortem inspection shall be made on the premises of the establishment at which the meat animals are offered for slaughter before the meat animals shall be allowed to enter into any part of the establishment where they are to be slaughtered or dressed or in which edible products are handled. When the holding pens of a state-inspected establishment are located in a public stockyard and are reserved for the exclusive use of the establishment, such pens shall be regarded as part of the premises of that establishment and the operator of the establishment shall be responsible for compliance with all requirements of the rules in this division with respect to such pens. 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 603.065, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022