justicedao/ipfs_state_laws huggingface dataset:
603-024-0234 License Fees for Mobile Milk Tankers and Dairy Products Plants (1) As provided in ORS 621.161, a person shall not operate a dairy products plant or mobile milk tanker unless the person has a valid dairy products plant license. A mobile milk tanker with an active current milk tanker license in another state will be considered to meet Oregon’s mobile milk tanker licensing requirements. (2) Pursuant to ORS 621.166, the department may adopt rules establishing license fee schedules for dairy products plants, including mobile milk tankers. The department may determine the license fee for a dairy products plant based upon the annual gross dollar volume of sales and services by the applicant within Oregon. The annual license fees for mobile milk tankers and dairy products plants are as follows: (a) Mobile milk tanker, as defined in ORS 621.166(1): $30 for each mobile milk tanker, not to exceed $826 for total fleet owned by one entity. (b) Dairy products plants, as defined in ORS 621.003(4), except those consisting only of mobile milk tankers or other mobile equipment ( annual gross dollar volume of sales): (A) $0 - $5,000 - $159 (B) $5,001 - $50,000 - $159 (C) $50,001 - $500,000 - $223 (D) $500,001 - $1,000,000 - $381 (E) $1,000,001 - $5,000,000 - $571 (F) $5,000,001 - $10,000,000 - $759 (G) Greater than $10,000,000 - $950 Statutory/Other Authority: ORS 561.190, ORS 616 & ORS 621 Statutes/Other Implemented: ORS 621.161, ORS 621.166 & 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 11-2018, amend filed 03/12/2018, effective 03/12/2018 DOA 8-2006, f. & cert. ef. 3-10-06 DOA 6-2002, f. & cert. ef. 1-28-02 AD 18-1991, f. & cert. ef. 12-5-91 AD 8-1991(Temp), f. & cert. ef. 7-29-91 AD 9-1990, f. & cert. ef. 5-7-90 AD 6-1989, f. & cert. ef. 5-11-89 AD 6-1982, f. & ef. 5-20-82
603-024-0235 New License Payments; Mobile Milk Tanker and Dairy Products Plant 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) If the license fee is $100 or less, the delinquent renewal penalty shall be $30 or the amount of the fee, whichever amount is less. (5) If the license fee is greater than $100, the delinquent renewal penalty shall be 30 percent of the amount of the license fee. (6) 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. (7) 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. (8) 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. (9) 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. (10) A previously licensed dairy products plant 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. (11) 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 a 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, 616, & 621 Statutes/Other Implemented: ORS 561.300, ORS 616.706 & ORs 621.166 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
603-024-0323 Testing Procedures and Equipment All tests of milk and milk products shall be performed in accordance with standards established in Association of Agricultural Chemists (AOAC) or the 1992, 16th Edition of Standard Methods for the Examinations of Dairy Products, Chapter 5, 6, 10 & 12. Procedures or tests not found in AOAC or Standard Methods for the Examination of Dairy Products may only be used if approved by the Department. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 651 & 621 History: DOA 6-2002, f. & cert. ef. 1-28-02
603-024-0379 Grading Period; Regular and New Producers (non-grade A) (1) The operator of a milk products plant or licensed grader in each plant, upon receiving the first shipment of milk from a new producer must: (a) Immediately sample and test such milk for temperature as required under this rule; and (b) Within 14 days shall sample and subject the milk from such producer to the bacteriological test and the abnormal milk test. (2) No person and no producer may sell or offer for sale any milk, once his milk has been graded unlawful, until such milk has been released from such grade by compliance with applicable grade standard. (3) All producers beginning operation after March 1, 2002, shall be licensed as a Grade A Producer and shall meet the requirements of a Grade A Producer as outlined in the PMO. Statutory/Other Authority: ORS 561.190, 621.201 & 621.236 Statutes/Other Implemented: ORS 621.201 & 621.236 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 899(19-68), f. 10-24-68, ef. 1-1-69
603-024-0490 Qualifications (1) Applicants for dairy operators’ licenses shall be: (a) Able to read and write legibly; (b) At least 18 years of age; (c) Free of communicable diseases. (2) Applicants for a High Temperature Short Time (HTST) pasteurizer operator licenses shall be required to have at least two months practical experience in helping to operate pasteurization equipment. There shall be no waiting period for applicants for a vat pasteurizer license or sampler/grader license. Statutory/Other Authority: ORS 621 Statutes/Other Implemented: ORS 621.266 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 471, f. 9-2-54, ef. 8-1-54
603-024-0492 Examination of Applicant (1) Written examination shall include questions relating to: (a) Knowledge of laws and regulations relating to activity for which the license is desired; (b) Theory and practice involved in the performance of the licensed activity. (2) Practical examination shall include demonstration of ability to: (a) Make required quality control tests; (b) Operate required equipment; (c) Manufacture, grade, test, or pasteurize milk and milk products, as the case may be; (d) Care, cleaning, and maintenance of equipment and utensils involved in the licensed activity. Statutory/Other Authority: ORS 621 Statutes/Other Implemented: ORS 621.266 History: AD 471-1954, f. 9-2-54, ef. 8-1-54
603-024-0494 Examination Grade Required for Licensing (1) The examination shall have a total of 100 possible points, 50 of which shall be on the written examination, and the other 50 points on the practical examination. (2) A total grade of at least 80 out of the 100 possible points is required to pass the examination for a dairy operators’ lifetime license. (3) A score of 40 or more is required for a passing grade on the written or practical examination. Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.266 History: AD 8-1980, f. & ef. 11-20-80 AD 471, f. 9-2-54, ef. 8-1-54
603-024-0500 Definitions As used in OAR 603-024-0505 to 603-024-0535: (1) “Licensed Sampler” means a person holding a valid license issued by the Department under ORS 621.072, to collect milk samples and to carry out other authority and duty as set forth by law and regulation. (2) “Official Test” means milk sampled and tested for its milk fat content, as set forth in OAR 603-024-0323. Statutory/Other Authority: ORS 561.190 & 621.750 Statutes/Other Implemented: ORS 621.750 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 916(2-70), f. 3-5-70, ef. 4-1-70 AD 803(10-65), f. & ef. 8-16-65
603-024-0505 Request for Official Testing A request for official testing of milk shall only be made on forms furnished by the Department. The request must be received at least five days before the beginning date of the test period (test period used by dealer or handler) desired to be covered. Any request not received within this period shall be considered to be a request for official testing of milk for the next test period. Statutory/Other Authority: ORS 561.190 & 621.750 Statutes/Other Implemented: ORS 621.750 History: AD 803(10-65), f. & ef. 8-16-65
603-024-0510 Sampling and Testing of Milk; Producers (1) The sampling and testing procedures to be followed by the Department and other persons affected thereby, shall be in accordance with the requirements and procedures set forth in OAR 603-024-0323, except as otherwise prescribed in 603-024-0500 to 603-024-0535. (2) In the sampling of milk, at least four ounces of milk shall be drawn by a licensed sampler. (3) The licensed sampler shall immediately divide (split) such sample with the producer whose milk is being sampled and tested, by placing approximately one-half of the milk in a separate jar containing a preservative tablet furnished by the Department for this specific purpose. (4) The licensed sampler shall immediately fill out a sample form, furnished by the Department. Such form shall be signed by both the producer and the licensed sampler immediately after the sample is taken. (5) The sample to be forwarded to the Department shall be placed in the shipping container furnished by the Department. The licensed sampler shall write the sample date, initial, or sign the seal, and then witness the act of the producer also placing his initial or signature thereon, as further provided or required by the Department. (6) The producer shall, within 24 hours after the sample is taken as prescribed in this rule, mail the container and sample at his own expense, to the Department. (7) The licensed sampler shall handle and dispose of the handler’s or dealer’s portion of the milk sampled, as prescribed and required in regulations OAR 603-024-0323. Statutory/Other Authority: ORS 561.190 & 621.750 Statutes/Other Implemented: ORS 621.750 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 803(10-65), f. & ef. 8-16-65
603-024-0515 Adjustments Resulting From Testing (1) If the official test performed and carried out by the Department varies by more than one-tenth of one percent from the test made by the dealer, handler, or purchaser, the Department shall forward the results of such test and an order to such dealer, handler, or purchaser and requiring such person to make adjustment or payment for the period during which such official tests were made. (Also refer to applicable law.) (2) If the test or tests were made for milk sold or delivered by a producer to a dealer, handler, or purchaser, the adjustments or proper payment as ordered by the Department shall be made by the affected dealer, handler, or purchaser to the producer. Such adjustment or proper payment shall be made at the next time that producers are paid for milk delivered, or not less than 20 days after the date of the order, whichever date is the lessor. Statutory/Other Authority: ORS 561.190 & 621.750 Statutes/Other Implemented: ORS 621.750 History: AD 803(10-65), f. & ef. 8-16-65
603-024-0520 Additional Instructions and Requirements It must be recognized that in the implementation of Chapter 474, Oregon Laws 1965, and the fact that this is a new program, the Department, in the promulgation of regulations as set forth in OAR 603-024-0500 to 603-024-0535, cannot cover all the necessary details or provisions relating thereto. The Department, in addition to such rules, reserves the right to require other reasonable procedures relating to this program. Included in and accompanying the package unit and/or container or containers which will be forwarded to a producer for the purpose of placing samples of milk therein and mailing the same to the Department, will be further instructions as to the required sampling and handling of milk. The producer and the licensed sampler shall comply with such instructions. Statutory/Other Authority: ORS 561.190 & 621.750 Statutes/Other Implemented: ORS 621.750 History: AD 803(10-65), f. & ef. 8-16-65
603-024-0525 Deduction and/or Payment for Sampling and Testing (1) If, as a result of sampling and testing of milk, the Department, under the provisions of subsection (2) of Section 4 of Chapter 474, Oregon Laws 1965, forwards an itemized statement or other similar form covering the cost of sampling and testing, the first handler or licensee who receives such form shall make the deduction from the producer in the manner and at the time set forth in ORS 583.046. The first handler or licensee, on forms furnished by the Department for this purpose, shall transmit such amount to the Department as further set forth under ORS 583.046 or regulations thereunder. (2) If there is no first handler or licensee available, the Department, in lieu thereof, or in its option in any other case, shall forward the itemized statement to the person who requested and received the services authorized by Chapter 474, Oregon Laws 1965. Payment by such person (due date) shall be made to the Department as required by law, ORS 561.410, and regulations thereunder. Statutory/Other Authority: ORS 561.190 & 621.750 Statutes/Other Implemented: ORS 621.750 History: AD 803(10-65), f. & ef. 8-16-65
603-024-0530 Fees for Samples A fee of $10 per sample drawn, as provided in OAR 603-024-0510 or 603-024-0535, is hereby established to be paid to the Department to defray the cost thereof. Statutory/Other Authority: ORS 561.190 & 621.750 Statutes/Other Implemented: ORS 621.750 History: AD 3-1987, f. & ef. 2-13-87 AD 803(10-65), f. & ef. 8-16-65
603-024-0535 Sampling and Testing of Milk; Other Than for Producers (1) Special sampling and testing of milk for persons other than producers, as set forth in Chapter 474, Oregon Laws 1965, will be made by the Department at the request of such persons. (2) The applicable provisions of OAR 603-024-0500 to 603-024-0535 apply, except where otherwise specified or set forth by the Department as special procedures and instructions. The payment for such services shall be made by the person requesting the service. Statutory/Other Authority: ORS 561.190 & 621.750 Statutes/Other Implemented: ORS 621.750 History: AD 803(10-65), f. & ef. 8-16-65
603-024-0544 Advertising and Display (1) Advertising of fluid milk products shall be deemed to be false if it is false or misleading in any particular; (2) Advertising of fluid milk products as to price shall include quantity and the standard of identity name set forth in OAR 603-024-0017; (3) Advertising of fluid milk products as to nutritional claims shall include the standard of identity name set forth in OAR 603-024-0017; and (4) Violation of this section shall be deemed to be false advertising under ORS 616.060. Statutory/Other Authority: ORS 561, 616 & 621 Statutes/Other Implemented: ORS 621.060 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 18-1981, f. & cert. ef. 7-23-81 AD 1044-1974, f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0603
603-024-0551 License Fees for Frozen Dessert Wholesalers As provided, in ORS 621.335, a person engaged in the business of freezing or making frozen desserts and then selling those frozen desserts at wholesale must obtain a license from the department. The annual license fee for a frozen dessert wholesaler, as defined in ORS 621.003(12), is $60. Statutory/Other Authority: ORS 561.190, 616 & 621 Statutes/Other Implemented: ORS 621.335 History: DOA 11-2018, adopt filed 03/12/2018, effective 03/12/2018
603-024-0554 Laboratory Certification Certificate to perform specific tests or analyses on specific products shall be issued on receipt of application and $50 fee for the first test and $10 each for additional tests and following an approved survey or split sampling for such tests. The total fee shall not exceed $100. Laboratories must apply for a license with the Department on the specified form in order to be certified. A certified laboratory may be limited to a specific test, to a specific method, and to specific products by the Department. Statutory/Other Authority: ORS 561.190 & 621.072 Statutes/Other Implemented: ORS 621.072 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 951(18-71), f. 9-27-71, cert. ef. 10-15-71, Renumbered from 603-024-0611.5
603-024-0557 Sampling of Milk and Milk Products The sampling and standards for the examination and testing of milk and milk products shall be as described in OAR 603-024-0211 and 603-024-0323. Statutory/Other Authority: ORS 651 & 621 History: DOA 6-2002, f. & cert. ef. 1-28-02
603-024-0572 Sampling Standard Sampling standard means during any consecutive six months the collection and examination or testing of at least four samples of milk and milk products in at least four separate months. Except that when 3 months show a month containing 2 sampling dates separated by at least 20 days. Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 8-1980, f. & cert. ef. 11-20-80 AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0622.5 AD 883(13-68), f. & cert. ef. 7-1-68 AD 630, f. & cert. ef. 1-19-60
603-024-0580 The Collection, Transportation and Analysis of Milk Samples Sampling, bacterial plate counts, coliform counts, temperature test, phosphatase test, somatic cell tests, and other laboratory tests used in the examination of milk and milk products to determine standards of quality shall conform to the procedures as contained in the latest edition of “Standard Methods for the Examination of Dairy Products” published by the American Public Health Association or to any other method approved by the Department. Such examination may include such other chemical and physical analyses as the Department may deem necessary. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 8-1980, f. & cert. ef. 11-20-80, Renumbered from 603-024-0630.5 AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74 AD 883(13-68), f. & cert. ef. 7-1-68 AD 630, f. & cert. ef. 1-19-60
603-024-0581 Standards for Licensed Milk Samplers and Graders Tank truck drivers and milk plant personnel licensed to officially sample milk from farm bulk milk tanks or producer containers at receiving plants shall use the procedures described in OAR 603-024-0211. Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.060 & 621.261 History: DOA 6-2002, f. & cert. ef. 1-28-02 AD 8-1980, f. & cert. ef. 11-20-80, Renumbered from 603-024-0631.5 AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74 AD 630, f. & cert. ef. 1-19-60
603-024-0582 Bacteria, Coliform, Somatic Cell, and Temperature Test Violations Whenever two of the last four consecutive bacteria counts, coliform determinations, somatic cell counts, or cooling temperatures, taken on separate days, exceed the limit of the standard for the milk or milk product, the Department shall send a written notice thereof to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within twenty-one days of the sending of such notice, but not before the lapse of three days. Immediate suspension of grade shall be instituted whenever the standard is violated by three of the last five bacteria counts, coliform determination, somatic cell counts, or cooling temperatures. No action is taken if the last test is within the grade limit. Cultured products are exempt from the standard plate count. Statutory/Other Authority: ORS 561.190, 621.060 & 621.073 Statutes/Other Implemented: ORS 621.060 & 621.073 History: DOA 24-2018, amend filed 09/10/2018, effective 09/10/2018 DOA 6-2002, f. & cert. ef. 1-28-02 AD 1044(34-74), f. 9-5-74, cert. ef. 10-1-74, Renumbered from 603-024-0632.5 AD 630, f. & cert. ef. 1-19-60
603-024-0584 Sediment Test (1) If upon examination the Department or grader shall obtain a sediment test which is in excess of a No. 2 sediment standard, the Department shall give the licensee a written notice of such fact. An additional sample shall be taken after an interval of not less than three days and if the test of the additional sample is also in violation of the sediment standard of the licensed grade then held, the licensee shall be given a written notice to suspend the sale, exposure, or offering for sale of such grade of milk for a specified period, or until such time that another test of the milk shall show the sediment content within the standard for the licensed grade. (2) Milk or cream showing a sediment test in excess of a No. 3 sediment standard is deemed to be unlawful milk and the grader shall immediately affix to the container thereof a condemnation tag, which shall be in such form as the Department may prescribe, and in addition thoroughly mix with that milk such harmless red food coloring matter as will prevent the same from being sold, offered, or exposed for sale for human consumption in accordance with ORS 621.085. Statutory/Other Authority: ORS 561.190, 621.060 & 621.261 Statutes/Other Implemented: ORS 621.060 & 621.261 History: AD 630-1960, f. 1-19-60, Renumbered from 603-024-0634 Repealed by AD 630, f. 1-19-60 AD 474, f. 9-2-54, ef. 8-1-54