603-029-0730 Tagging of Equipment, Alleyways, Pens, or Compartments to Prevent Inhumane Slaughter or Handling in Connection with Slaughter (1) When an inspector observes an incident of inhumane slaughter or handling in connection with slaughter, the inspector shall inform the establishment operator of the incident and request that the operator take the necessary steps to prevent a recurrence. If the establishment operator fails to take such action or fails to promptly provide the inspector with satisfactory assurances that such action will be taken, the inspector shall follow the procedures specified in section (a), (b), or (c) of this rule, as appropriate. (a) If the cause of inhumane treatment is the result of facility deficiencies, disrepair, or equipment breakdown, the inspector shall attach an “Oregon Rejected” tag thereto. No equipment, alleyway, pen or compartment so tagged shall be used until made acceptable to the inspector. The tag shall not be removed by anyone other than an inspector. All meat animals slaughtered prior to such tagging may be dressed, processed, or prepared under inspection. (b) If the cause of inhumane treatment is the result of establishment employee actions in the handling or moving of meat animals, the inspector shall attach an “Oregon Rejected” tag to the alleyways leading to the stunning area. After the tagging of the alleyway, no more meat animals shall be moved to the stunning area until the inspector receives satisfactory assurances from the establishment operator that there will not be a recurrence. The tag shall not be removed by anyone other than an inspector. All meat animals slaughtered prior to the tagging may be dressed, processed, or prepared under inspection. (c) If the cause of inhumane treatment is the result of improper stunning, the inspector shall attach an “Oregon Rejected” tag to the stunning area. Stunning procedures shall not be resumed until the inspector receives satisfactory assurances from the establishment operator that there will not be a recurrence. The tag shall not be removed by anyone other than an inspector. All meat animals slaughtered prior to such tagging may be dressed, processed, or prepared under inspection. (2) When an inspector attaches an “Oregon Rejected” tag to any equipment or area in a state-inspected establishment, the Department shall also promptly issue a written Notice of Inhumane Slaughter/Handling to the establishment. The Notice of Inhumane Slaughter/Handling shall: (a) State the effective date of the action(s); (b) Describe the reasons for the action(s); (c) Identify the equipment or area of the establishment that is tagged with an “Oregon Rejected” tag; (d) Advise the state-inspected establishment that it may challenge the action by requesting that a supervisor review the propriety of the action; and (e) Comply with the requirements of ORS 183.415. (3) If the Department determines that the condition prompting the issuance of the Notice of Inhumane Slaughter/Handling poses a serious danger to the public health or safety, the Department may make the Notice of Inhumane Slaughter/Handling effective immediately. In such circumstances, OAR 137-003-0010 is applicable. (4) A state-inspected establishment may challenge the Notice of Inhumane Slaughter/Handling by requesting that a supervisor review the propriety of the action. A state-inspected establishment may also challenge the Notice of Inhumane Slaughter/Handling by filing a written request for a hearing with the Department such that the Department receives the request no later than 20 days after the issuance of the Notice of Inhumane Slaughter/Handling. If timely requested, a hearing shall be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3. Upon request, or if the Notice of Inhumane Slaughter/Handling is effective immediately, the Department will request that the hearing be expedited. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022