justicedao/ipfs_state_laws huggingface dataset:
603-022-0600 Definitions As used in OAR 603-022-0600 through 603-022-0710. (1) "Department" means the State Department of Agriculture. (2) "Egg Meats" or "Egg Products" means the white, yolk, or any part of eggs, in liquid, frozen, dried, or any other form, used, intended, or held for use in the preparation of, or to be a part of or mixed with, food or food products for human consumption. (3) "Eggs" means eggs in the shell from chickens, turkeys, ducks, geese, or any other specie of fowl. (4) "Egg Products Plant" or "Egg Breaking Plant" means any place or establishment where eggs or egg products are broken, processed, pasteurized, packaged, or prepared for distribution in liquid, frozen, or dried condition. (5) The term "Pasteurization,” "Pasteurized,” or similar terms denoting pasteurization shall be taken to refer to heating every particle of egg or egg products to such temperature and holding at such temperature for a period of time sufficient for the purpose of rendering the eggs or egg products free of salmonella or other pathogenic micro-organisms in properly operated equipment as shall be approved by the Department; provided, that nothing contained in this definition shall be construed as disbarring any other process which has been demonstrated to be equally efficient and is approved by the Department. (6) "Sanitize" or "Sanitizing" means to subject to a germicidal agent or bactericidal treatment process approved by the Department. (7) "Stabilization" means the subjection of any egg product to a de-sugaring process. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: DOA 24-2004, f. & cert. ef. 10-28-04 AD 811(18-65), f. 12-21-65, ef. 1-1-66
603-022-0605 Plant Requirements The sanitation standards for egg candling and grading facilities and establishments shall be those established in OAR 603-025-0020 and by the USDA Egg Products Inspection Act, 21 U.S.C. 1031, et seq. Statutory/Other Authority: ORS 561.190 & 632.811 Statutes/Other Implemented: ORS 632.811 History: DOA 24-2004, f. & cert. ef. 10-28-04 AD 811(18-65), f. 12-21-65, ef. 1-1-66
603-022-0900 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 & 632.995 Statutes/Other Implemented: ORS 632.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-022-0910 Definitions As used in OAR 603-022-0920 through 603-022-0930, unless otherwise required by the context, the following terms will be construed to mean: (1) “Department” means the Oregon Department of Agriculture. (2) “Federal Act” has the meaning in ORS 632.705(12). (3) “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. (4) “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. (5) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences. (6) “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. (7) "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. (8) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation. (9) "Violation" means the failure to comply with any requirement of ORS 632.705 to 632.815, or any rules adopted thereunder. Statutory/Other Authority: ORS 561.190 & 632.995 Statutes/Other Implemented: ORS 632.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-022-0930 Penalty factors; procedure (1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 632.995, 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 eggs. (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 603-022-0910 will be assessed as three times the penalty amount in OAR 603-022-0910, 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 & 632.995 Statutes/Other Implemented: ORS 632.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-022-1000 Egg Establishment License Fees and Categories Except as provided in ORS 632.715, a person may not sell or distribute within this state any eggs to consumers or retailers without first obtaining a license from the department. As provided in ORS 632.730, a person may not engage in the commercial breaking of eggs for the purpose of recovering therefrom, for human food, the whites, yolks or whole egg meats, or any part thereof, without first obtaining a license from the department. The annual license fees for egg establishments, as provided for in ORS 632.720 and 632.730, are as follows: (1) Egg handler: $30 (2) Egg breaker: $80 Statutory/Other Authority: ORS 561, ORS 616 & ORS 632 Statutes/Other Implemented: ORS 616.706, OL 2021, Ch. 564, ORS 632.720 & ORS 632.730 History: DOA 9-2022, amend filed 05/12/2022, effective 05/16/2022 DOA 14-2021, amend filed 04/15/2021, effective 05/01/2021 DOA 2-2020, amend filed 02/27/2020, effective 02/28/2020 DOA 11-2018, adopt filed 03/12/2018, effective 03/12/2018
603-022-1010 Egg Establishment 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 percent of the amount of the license fee. (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 egg establishment will be considered to be operating without a license if the establishment 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 its 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 561.190 & ORS 632.811 Statutes/Other Implemented: ORS 632.771 & ORS 632.811 History: DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021 DOA 13-2018, adopt filed 03/15/2018, effective 03/15/2018
603-024-0017 Standards of Identity, Quantity and Labeling Requirements (1) The weights and measures packaging and labeling requirements for butter, fluid milk and milk products shall be those specified in OAR 603-027-0105, and the weights and measures requirements as to the methods of sale of butter, milk and milk products shall be those specified in OAR 603-027-0206. (2) Labeling, standards of identity and marking requirements for butter, fluid milk and milk products not provided for under section (1) of this rule, shall be those specified in the Grade “A” Pasteurized Milk Ordinance, 2015 Revision. (3) Measuring devices used for determining weight by measuring quantity of milk in farm tanks shall be done in accordance with the requirements of OAR chapter 603, division 027, to effectuate the administration of ORS Chapter 618. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 651 & 621 History: DOA 13-2016, f. & cert. ef. 6-20-16 DOA 7-2015, f. & cert. ef. 4-3-15 DOA 6-2013, f. & cert. ef. 4-26-13 DOA 8-2006, f. & cert. ef. 3-10-06 DOA 6-2002, f. & cert. ef. 1-28-02
603-024-0022 Butter “Butter” means the product made by gathering the fat of fresh or ripened cream into a mass, which also contains a small portion of other milk constituents, with or without salt or a harmless coloring matter. Butter shall be clean and nonrancid and shall contain not less that 80 percent of milk fat. Statutory/Other Authority: ORS 651 & 621 History: DOA 6-2002, f. & cert. ef. 1-28-02
603-024-0026 Standards for Lactobacillus Acidophilus or Bifido Bacterium Added Milk Products (1) Milk products that have been pasteurized, cooled to a temperature not to exceed 45 degrees F., and afterwards inoculated with a pure, concentrated strain of lactobacillus acidophilus or bifido bacterium may be labeled “Milk with Lactobacillus Acidophilus Culture,” “Milk with Bifido Bacterium Added.” (2) Lactobacillus acidophilus or bifido bacterium added milk products shall meet the bacterial requirements for fluid milk after pasteurization and prior to inoculation. (3) After inoculation, the lactobacillus acidophilus or bifido bacterium added milk products shall contain at a minimum 2,000,000 viable lactobacillus acidophilus or bifido bacterium cells per milliliter as measured by the standard plate count, and shall contain not more than 10 coliform per milliliter. (4) Lactobacillus acidophilus or bifido bacterium added milk products shall be maintained at a temperature of 45 degrees F. or less, until delivered to the consumer. (5) Except for the bacterial count, lactobacillus acidophilus or bifido bacterium added milk products shall meet all other compositional requirements for fluid milk. (6) All lactobacillus acidophilus or bifido bacterium added milk products shall be labeled as “milk with lactobacillus acidophilus or bifido bacterium culture added.” (7) The method of manufacture and labeling of such fluid milk products containing lactobacillus, acidophilus or bifido bacterium culture shall be approved by the Department before offered for sale to the public. Statutory/Other Authority: ORS 651 & 621 History: DOA 6-2002, f. & cert. ef. 1-28-02
603-024-0031 Standards of Multi-Vitamin Fortified or Multi-Mineral Fortified Milk or Milk Products The label of the milk or milk product shall include the specific vitamins or minerals added. The label of the milk or milk product shall bear the statement “mineral fortified” or similar statement approved by the Department. All additives shall be listed in the ingredient statement. Statutory/Other Authority: ORS 651 & 621 History: DOA 6-2002, f. & cert. ef. 1-28-02
603-024-0035 Definitions and Standards for Cheeses and Cheese Products (1) The definitions and standards of identity, optional ingredients, and labeling requirements for cottage cheese, cottage cheese/dry curd, lowfat cottage cheese and other cheese and cheese products shall be those specified in OAR 603-024-0017. (2) Coliform standards for cottage cheese, cottage cheese/dry curd and lowfat cottage cheese shall be determined by computing the number of coliform organisms by the Agar Plate Method upon examination of the last five samples taken on separate days during the sampling period. Compliance with the coliform standard shall be deemed to have been met if the number of coliform organisms do not exceed ten per gram per sample in more than two of the last five samples. No enforcement action is taken if the last sample is within the standard. (3) The weights and measures packaging and labeling requirements for cheese, cheese products, cottage cheese and all types or varieties of cottage cheese shall be, those specified in OAR 603-027-0105, and the weights and measures requirements as to methods of sale of cheese, cheese products, cottage cheese and all types or varieties of cottage cheese shall be those specified in OAR 603-027-0206. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561.190, 621.060, 621.311 & 621.405 Statutes/Other Implemented: ORS 616.230 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 21-1993, f. & cert. ef. 12-15-93 AD 12-1984, f. & ef. 9-24-84 AD 8-1980, f. & ef. 11-20-80 AD 1075(21-75), f. & ef. 12-31-75 AD 1016(6-74), f. 1-30-74, ef. 12-31-74 AD 946(13-71), f. & ef. 9-1-71
603-024-0041 Standard for Grade A Raw Goat Milk (1) "Grade A Raw Goat Milk" is fluid milk bottled on a dairy farm and must be produced by a disease-free herd in conformance with all of the sanitation specified in OAR 603-024-0605 to 603-024-0641, and 603-024-0211. (2) As determined in accordance with OAR 603-024-0557 to 603-024-0594 for each sampling period, Raw Goat Milk may not exceed: (a) 80,000 bacteria count per milliliter; (b) 10 coliform per milliliter; (c) Cooling requirements covered in OAR 603-024-0211; (d) The somatic cell limit in OAR 603-024-0592. (3) Grade A Raw Goat milk must test negative for drug residue. Statutory/Other Authority: ORS 651 & 621 History: DOA 13-2016, f. & cert. ef. 6-20-16 DOA 6-2013, f. & cert. ef. 4-26-13 DOA 6-2002, f. & cert. ef. 1-28-02
603-024-0046 Breed Specific Labeling of Milk and Milk Products In order to label milk or milk product “Ayrshire,” “Brown swiss,” “Guernsey,” “Holstein,” or “Jersey” milk or milk products, the milk or the products of the fluid milk must be derived exclusively from the breed of cows stated on the label. The individual animals from which the milk is derived must be indistinguishable in appearance from a purebred animal of the same breed. Statutory/Other Authority: ORS 651 & 621 History: DOA 6-2002, f. & cert. ef. 1-28-02
603-024-0051 Standard for Grade A Raw Milk (1) “Grade A Raw Milk for Pasteurization” is fluid milk produced by a disease-free herd on a dairy farm in conformance with all the sanitation standards specified in OAR 603-024-0211. (2) When delivered to the milk plant, all raw milk shall be examined and tested in accordance with OAR 603-024-0557 to 603-024-0594. As specified in 603-024-0557 to 603-024-0594, for each sampling period, Grade A Raw Milk for Pasteurization may not exceed: (a) 80,000 bacteria count per milliliter; (b) Cooling requirements covered in OAR 603-024-0211; and (c) The somatic cell limit in OAR 603-024-0592. (3) Grade A Raw Milk must test negative for drug residue. Statutory/Other Authority: ORS 651 & 621 History: DOA 6-2002, f. & cert. ef. 1-28-02
603-024-0056 Standards for Lactose Reduced Milk Products (1) “Lactose Reduced Milk Products,” are created by adding suitable enzymes to pasteurized milk, lowfat milk or skim milk (nonfat milk) to convert lactose in the product to glucose or galactose, reducing the lactose level in the milk product to less that 30 percent of the normal level. (2) The product shall be labeled “Lactose Reduced” with the blank being filled in with the name of the appropriate milk product, according to the standards of identity established by the Department for such products. (3) Adding vitamin A or vitamin D to Lactose Reduced Milk Products is optional. If added, each quart of the milk product shall contain not less than 2,000 I.U. of Vitamin A and 400 I.U. of Vitamin D, within the limits of good manufacturing practices. The product shall be labeled in accordance with OAR 603-024-0017. Statutory/Other Authority: ORS 651 & 621 History: DOA 6-2002, f. & cert. ef. 1-28-02
603-024-0061 Standards for Calcium Added Milk Products Milk products may be labeled “Lowfat Milk with Calcium Added,” or “Nonfat (Skim) Milk with Calcium Added” or “Reduced Fat Milk with Calcium Added” if the fluid milk product meets the standard of identity set forth in Title 21, CFR, Chapter 1, Part 131.110, and it is fortified with calcium carbonate, tricalcium phosphate or other additive approved by the Department, to a level of not less than 500 m.g. per eight ounce serving. The milk product shall be labeled in accordance with OAR 603-024-0017 and in addition the principal display panel shall prominently bear the statement “A dietary supplement of calcium.” Statutory/Other Authority: ORS 651 & 621 History: DOA 6-2002, f. & cert. ef. 1-28-02
603-024-0062 Sterilized Fluid Milk and Milk Products; Standards of Identity The standard of identity for sterilized milk and milk products shall be the standards for fluid milk and fluid milk products as set forth in OAR 603-024-0017. Statutory/Other Authority: ORS 561, 616 & 621 Statutes/Other Implemented: ORS 621.060 & 621.405 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 1105-1976, f. & ef. 9-15-76 AD 806-1965, f. 8-23-65, cert. ef. 9-5-65, Renumbered from 603-024-0037
603-024-0080 Imitation Milk and Imitation Milk Products; Standards of Identity The standards of identity for imitation milk and milk products shall be the standards for fluid milk and fluid milk products, as set forth in OAR 603-024-0017. Statutory/Other Authority: ORS 561, 616 & 621 Statutes/Other Implemented: ORS 621.418 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 8-1980, f. & ef. 11-20-80 AD 1105(26-76), f. & ef. 9-15-76 AD 910(16-69), f. 12-5-69, ef. 1-1-70
603-024-0090 Standard of Quality Imitation milk products when sold or offered for sale in the final delivery container shall not contain more than 20,000 bacteria per milliliter, 10 coliform per milliliter, and the temperature shall not exceed 45°F Statutory/Other Authority: ORS 561.190 & 621.418 Statutes/Other Implemented: ORS 621.418 History: AD 910(16-69), f. 12-5-69, ef. 1-1-70
603-024-0095 Sanitation Standards (1) Sanitation standards for building, equipment, and personnel involved in the manufacture and distribution of the imitation milk products for which a standard of identity has been established in OAR 603-024-0080 shall conform to the same sanitation requirements as established for Grade A pasteurized fluid milk and milk products in OAR 603-024-0211. (2) Imitation milk products shall be pasteurized in equipment meeting the requirements for milk and dairy products, as set forth in OAR 603-024-0211, including subjecting imitation milk products to the appropriate equivalent pasteurization time and temperature standards set forth therein. (3) Imitation milk products that are labeled sterilized shall be packaged in hermetically sealed containers and so processed in equipment approved by the Department by heat either before or after sealing so as to prevent spoilage. Statutory/Other Authority: ORS 561, 616 & 621 Statutes/Other Implemented: ORS 621.418 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 1105(26-76), f. & ef. 9-15-76 AD 910(16-69), f. 12-5-69, ef. 1-1-70
603-024-0105 Identifying Condemned Containers Containers as defined in OAR 603-024-0019(3) shall only be identified when condemned by the Department by attaching a tag thereto printed by the Department giving notice of fact of condemnation and reason therefor. Statutory/Other Authority: ORS 621 Statutes/Other Implemented: ORS 621.226 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 535, f. 9-6-56, ef. 9-5-56
603-024-0110 Releasing Condemned Container for Use Following Repair The Department may lift condemnation and release container for use after verifying acceptable repairs have been made. Statutory/Other Authority: ORS 621 Statutes/Other Implemented: ORS 621.226 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 535, f. 9-6-56, ef. 9-5-56
603-024-0211 Adoption of the Grade A Pasteurized Milk Ordinance (PMO) and Related Documents On all dairy farms, plants, and transport tankers, the standards for building construction, equipment construction, sanitation, sampling, pasteurization, transportation and handling of milk and dairy products shall be those given in the Grade “A” Pasteurized Milk Ordinance (PMO), 20 23 Revision. This adoption shall also include the following related documents: (1) 2023 Revision of the Methods of Making Sanitation Ratings (MMSR); (2) 2023 Revision of Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the Conference on Interstate Milk Shipments; and (3) The 2023 Revision of the Evaluation of Milk Laboratories (EML). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.058 History: DOA 29-2024, amend filed 12/31/2024, effective 12/31/2024 DOA 1-2021, amend filed 02/10/2021, effective 03/01/2021 DOA 29-2018, amend filed 12/12/2018, effective 12/12/2018 DOA 13-2016, f. & cert. ef. 6-20-16 DOA 7-2015, f. & cert. ef. 4-3-15 DOA 6-2013, f. & cert. ef. 4-26-13 DOA 9-2012, f. & cert. ef. 5-15-12 DOA 8-2006, f. & cert. ef. 3-10-06 DOA 6-2002, f. & cert. ef. 1-28-02