justicedao/ipfs_state_laws huggingface dataset:
603-021-0612 Pan Sizes The following pan sizes are applicable to “Enriched White Bread” sold in conventional and traditional loaves only: (i.e., rectangular open topped baking pans). Pans used for the baking of loaves of “enriched White Bread,” in Oregon, shall not exceed the following dimensions (measurements are the inside measurements at the top of the pan): Length, Width and Depth respectively: (1) “Standard Loaf” — 9.25 x 4.75 x 3.50 inches; (2) “Standard Large Loaf” — 12.5 x 4.75 x 3.50 inches; (3) “Standard Large Square Loaf” — 8.5 x 8.0 x 3.50 inches; (4) “Standard Large Sandwich Loaf” — 13.0 x 4.5 x 4.5 inches; (5) “Standard Extra Large Loaf” — 13.0 x 5.5 x 5.0 inches; (6) “Standard Extra Large Sandwich Loaf” — 16.0 x 4.5 x 4.5 inches. Statutory/Other Authority: ORS 561, 616 & 625 Statutes/Other Implemented: ORS 625.150 History: AD 5-1988, f. & cert. ef. 5-5-88
603-021-0650 Bakery License Fees and Categories Except as provided in ORS 625.020(2) and ORS 616.695 to 616.755, no person shall operate or participate in the operation of any bakery or bakery distributor without a license. Pursuant to ORS 625.180, the department may establish license fees for bakeries, bakery distributors, and domestic kitchen bakeries based on the license applicant’s annual gross dollar volume of sales of covered operations in Oregon. The annual license fees for bakeries, bakery distributors, and domestic kitchen bakeries are as follows: (1) Bakery, as defined in ORS 625.010(1) (annual gross dollar volume of sales): (a) $0-$5,000 - $286 (b) $5,001 - $50,000 - $286 (c) $50,001 - $500,000 - $445 (d) $500,001 - $1,000,000 - $571 (e) $1,000,001 - $5,000,000 - $950 (f) $5,000,001 to $10,000,000 - $1,265 (g) greater than $10,000,000 - $1,900 (2) Bakery distributor, as defined in ORS 625.010(5): $127 (3) Domestic kitchen bakery, as provided in OAR 603-021-0005 and 603-021-0007 (annual gross dollar volume of sales): (a) $0-$5,000 - $179 (b) $5,001 - $50,000 - $179 (c) $50,001 - $500,000 - $253 (d) $500,001 - $1,000,000 - $381 (e) $1,000,001 - $5,000,000 - $571 (f) $5,000,001 to $10,000,000 - $759 (g) greater than $10,000,000 - $950 Statutory/Other Authority: ORS 561, ORS 616 & ORS 625 Statutes/Other Implemented: ORS 625.020 - 625.180 & OL 2021, Ch. 564 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 8-2018, adopt filed 03/09/2018, effective 03/09/2018
603-021-0660 New License Fees; Bakery License Expiration; Operating without a License (1) New license fees 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 bakery, bakery distributor, or domestic kitchen bakery 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 bakery fails to obtain a required license, or if a bakery’s required license lapses, the Department may order the closure of such bakery. In ordering the closure of a bakery for failing to obtain a required license or allowing its 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 & 625 Statutes/Other Implemented: ORS 561.300, ORS 616.706 & ORS 625.180 History: DOA 20-2021, amend filed 06/07/2021, effective 06/07/2021 DOA 9-2018, adopt filed 03/09/2018, effective 03/09/2018
603-021-0715 Construction and Repair of Equipment (1) All equipment, containers, and utensils used in the handling, processing, compounding, mixing, storage, or transporting of beverages or beverage ingredients shall be smooth, impervious, corrosion resistant, nontoxic, and in good repair and shall be constructed to permit adequate sanitation. Effective protection from contamination shall be maintained. Product-contact surfaces shall be self-draining. Equipment shall be free of sharp internal corners. Welded or soldered areas shall be smooth and similar to the parent metal. All joints shall be flush. Piping shall be of sanitary design and installation. All temperature-control equipment and control devices used on bottle washers shall be accurate and adequately maintained. The bottle washer shall be equipped with an indicating thermometer to record the temperature of the caustic wash solution. It shall be placed so as to be conveniently visible to the operator at all times. (2) If the washing, filling, and crowning devices are not integral parts of one machine, but are performed by separate units of equipment, they shall be arranged to exclude manual contact with the necks or tops of the bottles between filling and crowning. (3) Mixing and storage tanks, pipelines, filters, and other apparatus employed in the preparation and distribution of sirups shall be of sanitary construction and made of stainless steel or similar materials resistant to the action of sirup ingredients. All apparatus employed in sirup-making shall be free from recesses and so constructed that all parts may be easily sanitized. All permanent in place sirup lines shall be sloped to drain. All sirup tanks shall be self-draining and provided with suitable covers. Mixing shall be by mechanical means performed so as to prevent contamination of the sirup. (4) Carbonated water shall not be conveyed in pipelines of galvanized iron, lead, zinc, copper, or other deleterious materials. Statutory/Other Authority: ORS 561.190 & 635.045 Statutes/Other Implemented: ORS 635.045 History: AD 851(23-67), f. & ef. 9-13-67
603-021-0720 Processing Methods (1) General sanitation: The operations of receiving, segregating, holding, compounding, mixing, packaging and packing, storing, transporting, and handling shall be conducted in a sanitary manner. There shall be no contamination, adulteration, or deterioration of the product or its ingredients. Every plant manu-facturing bottled beverages shall be equipped with suitable mechanical bottle washing apparatus, and with approved machines for carbonating, filling, and crowning. Plant operations shall be performed in such a manner as to prevent the operator or his clothing from coming in contact with the beverages or sanitized product-contact surfaces. (2) Bottle washing: Reusable glass containers used in the manufacture of soft drinks shall, before being refilled, be sanitized by being washed in an automatic washing machine. An indicating thermometer and caustic solution test equipment shall be used to ascertain the temperature and caustic strength of the washing solution.The washing solution shall consist of at least 3 percent caustic soda with a minimum contact period of five minutes and a temperature of 130°F or an equivalent cleansing and sanitizing process. The bottles shall be rinsed free of washing solution with potable water. Single-service containers may be sanitized by air or water rinsing machines. One trip (single service) containers, such as bottles and cans, may be washed in a mechanical bottle washer, air or water rinsed. One trip containers that are not washed, air or water rinsed shall be stored in such manner as to protect such containers from airborne and manual contamination. (3) Preparation of sirups: Sirups shall be prepared in a sanitary manner. Every precaution shall be taken against contamination, absorption, or deleterious substances during the preparation and subsequent storage. Sirup tanks and vats shall be covered and constructed of stainless steel or other suitable noncorrosive material. The tanks shall be free from defects, self-draining, free from seams, and shall be of such construction as to be readily flushed, cleaned, and sanitized. Galvanized iron, lead, zinc, copper, or brass-lined containers, pipelines, or apparatus of other deleterious materials shall not be used in preparation, storage, or conveyance of sirups. The sirup room shall be equipped with a wash sink and plumbed with a drain and hot and cold running water. (4) Filling and crowning: Bottles shall be filled and capped by means of automatic machinery, and neither the operator nor his clothes shall come in contact with any part of the bottle or machinery that might result in contamination of the product. Removal of the crown of imperfectly crowned bottles and recrowning shall not be permitted. Crowns which have been touched on the inner side by the operator, as may occur while adjusting the crowner, shall be discarded. Returnable bottles shall be inspected for any abnormal condition immediately before or after being filled. Statutory/Other Authority: ORS 561.190 & 635.045 Statutes/Other Implemented: ORS 635.045 History: AD 851(23-67), f. & ef. 9-13-67
603-021-0725 Cleaning and Bactericidal Treatments Multiple-service containers, equipment, and utensils used in the handling, processing, storing, or transporting of beverages or beverage ingredients shall be thoroughly cleaned after use. They shall be subjected effectively to an approved bactericidal process prior to each usage.The methods used shall be such that soft drinks and their ingredients shall not be contaminated or adulterated. Chemicals used for cleaning and bactericidal treatments shall have labels which identify the contents and stored in an approved manner. All pipelines, apparatus, and containers used in the manufacturing processes shall be thoroughly sanitized at adequate intervals, but never less frequently than once weekly. Apparatus and containers shall be washed and rinsed before sanitization. Fillers shall be cleaned and sanitized at the end of each day’s operation and flushed with potable water before beginning operations. Since accepted industry practice permits sirup to remain in the sirup tanks and lines between periods of processing operations, the sirup tanks and lines will be cleaned and sanitized when emptied, as scheduled by the plant. After scheduled cleaning and sanitation, the sirup tanks and lines shall be flushed with potable water before beginning processing operations. Hot water, chlorine, or equally effective bactericidal agents are permissible for sanitization. Statutory/Other Authority: ORS 561.190 & 635.045 Statutes/Other Implemented: ORS 635.045 History: AD 851(23-67), f. & ef. 9-13-67
603-021-0730 Sanitary Controls To assure adequate sanitary control every plant manufacturing bottled carbonated beverages shall be adequately provided with apparatus for ascertaining the sanitizing strength of the soaker solution used in bottle washing. An indicating thermometer shall be used at the bottle-washing machine. If pipelines and other equipment are sanitized by hot water, additional thermometers shall be available at convenient locations. Caustic solution test equipment or some other suitable index for determining the causticity of the soaker solution shall be available at all times. Statutory/Other Authority: ORS 561.190 & 635.045 Statutes/Other Implemented: ORS 635.045 History: AD 851(23-67), f. & ef. 9-13-67
603-021-0735 Control of Insects and Animals The soft drink plant shall be free of rodents, rodent harborages, insects, and insect-breeding places. Effective measures shall be used to control and eliminate insects, vermin, rodents, and domesticated animals. Insecticides and rodenticides shall be properly identified, used, and stored in a safe and acceptable manner. Statutory/Other Authority: ORS 561.190 & 635.045 Statutes/Other Implemented: ORS 635.045 History: AD 851(23-67), f. & ef. 9-13-67
603-021-0740 Storage Facilities These facilities shall be clean, in good repair, and shall be provided with ample space for the storage of food substances, container closures, gaskets, cleaned utensils and equipment, so as to prevent contamination and deterioration. Conveyers and cases shall be maintained in a clean condition. It is recommended that an 18 inch space between the stored products and the wall be provided. Statutory/Other Authority: ORS 561.190 & 635.045 Statutes/Other Implemented: ORS 635.045 History: AD 851(23-67), f. & ef. 9-13-67
603-021-0745 Vehicles and Transportation Vehicles used to transport all products and materials shall be maintained in a clean condition to aid in protecting the product from contamination. Statutory/Other Authority: ORS 561.190 & 635.045 Statutes/Other Implemented: ORS 635.045 History: AD 851(23-67), f. & ef. 9-13-67
603-021-0750 Personal Hygiene All personnel in processing rooms and areas shall wear clean outer clothing, and head coverings; be free of communicable disease, and infected cuts, open sores, or other lesions on hands, arms, or head; and wash hands before starting or returning to work. All personnel in processing room or areas of the plant shall practice good sanitation and shall not smoke, chew tobacco, expectorate, or eat in processing areas. Statutory/Other Authority: ORS 561.190 & 635.045 Statutes/Other Implemented: ORS 635.045 History: AD 851(23-67), f. & ef. 9-13-67
603-021-0755 Labeling All carbonated beverages, still drinks, and mineral waters sold or offered for sale shall be plainly marked or labeled, capped, branded, or tagged with: (1) The name of the beverage. (2) The word “imitation” followed by the name of the natural fruit or product imitated, if the beverage is an imitation. (3) The words “artificially colored,” “Artificially flavored,” or “artificially colored and flavored” or with words equivalent thereto and acceptable to the Department, if the product is artificially colored or artificially flavored, or both. (4) An accurate statement of the net contents of each bottle, can, or other container in terms of fluid measure. (5) The common name of each ingredient used in its manufacture. Flavorings and coloring may be designated as such without specifically naming them. The requirements of this paragraph do not apply to a carbonated beverage the ingredients of which have been fully and correctly disclosed to the Department on a form which the Department shall furnish on request. (6) The name and principal place of business of the bottler or distributor responsible for placing the beverage on the market. This section does not apply to carbonated beverages or still drinks, the container or crown of which is permanently and distinctly branded with the trademark or brand of the distributor or bottler thereof, if the trademark or brand is registered with the Secretary of State or the United States Government and a declaration is filed with the Department, affirming the name, trademark, or brand under which the beverage is to be sold, and giving a full description of the area of the state in which such beverage is to be distributed, and the name and address of the person responsible in such area for compliance with ORS Chapter 635 as amended by Chapter 154, Oregon Laws 1967. Statutory/Other Authority: ORS 561.190 & 635.045 Statutes/Other Implemented: ORS 635.045 History: AD 851(23-67), f. & ef. 9-13-67
603-021-0760 Other Regulations Also Apply OAR 603-021-0709 to 603-021-0755, relating to nonalcoholic beverages, are in addition to, and not in lieu of, other regulations relating to food and such beverages, and unless in conflict herewith, continue to apply to such beverages and the plants in which they are handled and manufactured. Statutory/Other Authority: ORS 561.190 & 635.045 Statutes/Other Implemented: ORS 635.045 History: AD 851(23-67), f. & ef. 9-13-67
603-021-0765 Nonalcoholic Beverage Manufacturer License Fees As provided in ORS 635.027, no person shall operate or engage in the business of a nonalcoholic beverage manufacturer without first obtaining and thereafter maintaining a license. Pursuant to ORS 635.030, the department may establish license fees for nonalcoholic beverage manufacturers based on the license applicant’s annual gross sales in Oregon. The annual fees for non-alcoholic beverage manufacturing businesses, as defined in ORS 635.010(2), are as follows: (1) $0-$5,000 - $191 (2) $5,001 - $50,000 - $191 (3) $50,001 - $500,000 - $317 (4) $500,001 - $1,000,000 - $445 (5) $1,000,001 - $5,000,000 - $696 (6) $5,000,001 to $10,000,000 - $824 (7) greater than $10,000,000 - $1,077 Statutory/Other Authority: ORS 561, ORS 616 & ORS 635 Statutes/Other Implemented: ORS 635.027, OL 2021, Ch. 564, ORS 635 & ORS 635.030 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 10-2018, adopt filed 03/09/2018, effective 03/09/2018
603-021-0770 New License Fees; Nonalcoholic Beverage Manufacturer License Expiration; Operating without a License (1) New license fees must be received within 14 calendar days of the department’s initial approval inspection or change of ownership. If a new license payment is not received within 14 calendar days of the initial approval inspection or change of ownership, 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 nonalcoholic beverage manufacturer 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 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, 616 & 635 Statutes/Other Implemented: ORS 561.300, ORS 616.706 & ORS 635.030 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
603-021-0900 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, 625.995 & 635.995 Statutes/Other Implemented: ORS 625.995 & 635.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-021-0910 Definitions A bakery is subject to the definitions set forth in ORS Chapter 625, and OAR 603-025-0010. As used in OAR 603-021-0920 through 603-021-0930, unless otherwise required by the context, the following terms will be construed to mean: (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. (7) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation. (8) “Violation” means the failure to comply with any requirement of ORS 625.010 to 625.270 or Chapter 635, or any rule adopted thereunder. Statutory/Other Authority: ORS 561.190, 625.995 & 635.995 Statutes/Other Implemented: ORS 625.995 & 635.995 History: DOA 2-2013, f. & cert. ef. 2-7-13