justicedao/ipfs_state_laws huggingface dataset:
603-029-0905 Approval Required for Oregon Marks No device containing any Oregon mark shall be made or caused to be made for use on any product until it has been approved by the Department as provided for in OAR 603-029-1000 to 603-029-1058 Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0910 Use of Oregon Marks Prohibited Except Under Supervision of a Department Employee; Removal of Oregon Marks, when Required (1) No person shall affix or place, or cause to be affixed or placed, the Oregon inspection legend or any other Oregon mark, or any abbreviation or simulation of any Oregon mark, to or on any product, or container thereof, except under the supervision of a Department employee, or as authorized by OAR 603-029-1000 to 603-029-1058 in connection with the manufacture of containers. (2) No person shall fill, or cause to be filled, in whole or in part, with any product, any container bearing or intended to bear any Oregon mark, or any abbreviation or simulation of any Oregon mark, except under the supervision of a Department employee. (3) Product bearing any Oregon mark shall not be canned, cooked, cured, smoked, salted, packed, rendered, or otherwise prepared by any person for commercial purposes unless: (a) Such preparation is performed at a federally inspected establishment; or (b) Such preparation is conducted under State or other governmental inspection and the prepared product is marked to show that fact; or (c) The Oregon marks are removed, defaced, or otherwise destroyed before or during such preparation; or (d) The preparation of the product consists solely of cutting up operations at any establishment exempted from inspection under OAR 603-029-0020(2) of this Division 29. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0915 Marking Devices; to be Furnished by State-Inspected Establishments; Control of (1) The operator of each state-inspected establishment shall furnish such ink brands, burning brands, and any other device for marking products with Oregon marks as the Department may determine is necessary for marking products at such state-inspected establishment. The Oregon inspection legend on such a device shall be as prescribed in OAR 603-029-0600 to 603-029-0625. (2) All Oregon devices for marking products with the Oregon inspection legend, or other Oregon inspection marks, including self-locking seals, shall be used only under supervision of a Department employee, and, when not in use for marking shall be kept locked in properly equipped locks or compartments, the keys of which shall not leave the possession of a Department employee, or the locker or compartment shall be sealed with an Oregon seal of the Department as prescribed in OAR 603-029-0600 to 603-029-0625. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0920 Branding Ink; to be Furnished by State-Inspected Establishments; Approval by Department; Color (1) The operator of each state-inspected establishment shall furnish all ink for marking products with the Oregon marks at such establishment. Such ink must be made with harmless ingredients that are approved for the purpose by the Department. Samples of inks shall be submitted to the Department laboratory from time to time as may be deemed necessary by a supervisor. (2) Only ink approved for the purpose shall be used to apply ink brands bearing Oregon marks to carcasses of cattle, sheep, swine, or goats and fresh meat cuts derived therefrom. Any ink containing F.D. & C. Violet No. 1 shall not be considered an approved ink within the meaning of this section. (3) Green ink shall not be used to apply marks to carcasses of cattle, sheep, swine, or goats or fresh meat cuts derived therefrom. (4) Except as provided in section (2) and (3) of this rule, branding ink of any color, approved for the purpose by the Department in specific cases, may be used to apply ink brands, bearing Oregon marks, to processed meat cuts derived from cattle, sheep, swine, or goats. (5) No Oregon marks shall be applied to the carcasses or parts of carcasses or meat cuts derived from horses, mules, and other equines. (6) Ink used must assure legibility and permanence of the markings and the color of ink shall provide acceptable contrast with the color of the product to which it is applied. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0925 Products not to be Removed from State-Inspected Establishments Unless Marked in Accordance with the Regulations No person shall remove or cause to be removed from a state-inspected establishment any products which the regulations in OAR 603-029-0900 to 603-029-0970 require to be marked in any way unless they are clearly and legibly marked in compliance with such regulations. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0930 Marking Devices not to be False or Misleading; Style and Size of Lettering; Approval Required No brand or other marking device shall be false or misleading. The letters and figures thereon shall be of such style and type as will make a clear and legible impression. All markings to be applied to products in a state-inspected establishment shall be approved prior to use by the Department as provided for in OAR 603-029-1006, except that official markings prescribed by the Federal meat grading regulations (7 CFR 53.19) need not be submitted to the Department for approval. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0935 Unmarked Inspected Products; Moved Between State-Inspected Establishments; Moved in Commerce (1) Unmarked products which have been inspected and passed but do not bear the Oregon inspection legend may be transported in compliance with OAR 603-029-1400 to 603-029-1475 from one state-inspected establishment to another state-inspected establishment, for further processing, in a railroad car, truck, or other closed container, if the railroad car, truck, or container is sealed with an official seal of the Department (as prescribed in OAR 603-029-0600 to 603-029-0625) bearing the Oregon inspection legend. (2) Products which have been inspected and passed but do not bear the Oregon inspection legend may be removed from a state-inspected establishment in closed containers bearing the Oregon inspection legend and all other information required by OAR 603-029-0900 to 603-029-1058: Provided, That upon removal from such closed container the product may not be further transported in commerce unless such removal is made under the supervision of a Department employee and such product is re-inspected by a Department employee and packed under his supervision in containers bearing the Oregon inspection legend and all other information required by OAR 603-029-0900 to 603-029-1058: And provided further, That unmarked product shall not be brought into a state-inspected establishment in an open container. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0940 Products to be Marked with Oregon Marks (1) Each carcass that has been inspected and passed in a state-inspected establishment must be marked at the time of inspection with the Oregon inspection legend containing the number of the state-inspected establishment. (2) Except as provided otherwise in OAR 603-029-0935, each primal part of a carcass and each liver, beef tongue, and beef heart which has been inspected and passed shall be marked with the Oregon inspection legend containing the number of the state-inspected establishment before it leaves the establishment in which it is first inspected and passed, and each such inspected and passed product shall be marked with the Oregon inspection legend containing the number of the state-inspected establishment where it was last prepared. Additional Oregon marks of inspection may be applied to products as desired to meet local conditions. Primal parts are the wholesale cuts of carcasses as customarily distributed to retailers. The round, flank, loin, rib, plate, brisket, chuck, and shank are primal parts of beef carcasses. Veal, mutton, and goat primal parts are the leg, flank, loin, rack, breast, and shoulder. The ham, belly, loin, shoulder, and jowl are pork primal parts. (3) Beef livers shall be marked with the Oregon inspection legend containing the number of the state-inspected establishment, at which the cattle involved were slaughtered, on the convex surface of the thickest portion of the organ. (4) Inspected and passed parts of carcasses which are not marked with the Oregon inspection legend under this rule shall not enter any state-inspected establishment or be sold, transported, or offered for sale or transportation, in commerce, except as provided in OAR 603-029-0935. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0945 Marking of Meat Products with Oregon Inspection Legend and Ingredient Statement (1) Inspected and passed sausages and other products in casings or in link form, of the ordinary “ring” variety or larger shall be marked with the Oregon inspection legend and list of ingredients in accordance with OAR 603-029-1000 to 603-029-1058. The Oregon marks required by this rule shall be branded near each end of the sausage or similar product prepared in casings when the product is of a size larger than that customarily sold at retail intact. (2) Inspected and passed sausage and other products, in casings or in link form, of the smaller varieties, shall bear one or more Oregon inspection legends and one or more lists of ingredients in accordance with OAR 603-029-1000 to 603-029-1058 on each kilogram (2.205 lbs.) of product, except where such products leave the state-inspected establishment completely enclosed in properly labeled immediate containers having a capacity of 5 kilograms (11.025 lbs.) or less and containing a single kind of product: Provided, That such products in properly labeled closed containers exceeding 5 kilograms (11.025 lbs.) capacity, when shipped to another state-inspected establishment for further processing or to a governmental agency, need only have the Oregon inspection legend and list of ingredients shown twice throughout the contents of the container. When such products are shipped to another state-inspected establishment for further processing, a supervisor at the point of origin shall identify the shipment to a supervisor at destination by means of a Bill of Lading or other record that is maintained in accordance with 603-029-1300. (3) The list of ingredients may be applied by stamping, printing, using paper bands, tags, or tissue strips, or other means approved by the Department in specific cases. (4) All cured products shall be marked with the list of ingredients in accordance with OAR 603-029-1000 to 603-029-1058. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0955 Marking of Outside Containers (1) Except as otherwise provided in OAR 603-029-1400 to 603-029-1475, when any inspected and passed product for commerce is moved from a state-inspected establishment, the outside container shall bear an Oregon inspection legend as prescribed in OAR 603-029-0600 to 603-029-0625. (2) When any product prepared in a state-inspected establishment for commerce has been inspected and passed and is enclosed in a cloth or other wrapping, such wrapping shall bear the Oregon inspection legend and state-inspected establishment number applied by the approved 21⁄2 -inch rubber brand in the form prescribed in OAR 603-029-0600 to 603-029-0625: Provided, That the rubber brand may be omitted if the Oregon inspection legend and state-inspected establishment number on the product itself are clearly legible through the wrapping or the wrapping is labeled in accordance with OAR 603-029-1000 to 603-029-1058: Provided further, That plain unprinted wrappings, such as stockinettes, cheesecloth, paper, and crinkled paper bags, for properly marked products, which are used solely to protect the product against soiling or excessive drying during transportation or storage, need not bear the Oregon inspection legend. (3) Slack barrels used as outside containers of products shall have a cloth or paper top covering bearing the Oregon inspection legend containing the state-inspected establishment number. At the time of removal of the covering, the Oregon inspection legend shall be destroyed. (4) The outside containers of any product which has been inspected and passed for cooking, beef which has been inspected and passed for refrigeration shall bear the markings and tag prescribed in OAR 603-029-1420(2). (5) The outside containers of glands and organs which are not used for human food purposes, such as those described in OAR 603-029-1470, shall be plainly marked with the phrase “For pharmaceutical purposes,” “For organotherapeutic purposes” or “For technical purposes,” as appropriate, with no reference to inspection, and need not bear other markings otherwise required under OAR 603-029-0900 to 603-029-0970. (6) Stencils, box dies, labels, and brands may be used on shipping containers of properly labeled products and on such immediate containers, of properly marked products, as tierces, barrels, drums, boxes, crates, and large-size fiber-board containers, without approval as provided for in OAR 603-029-1006: Provided, That the stencils, box dies, labels, and brands are not false or misleading and are approved by a supervisor. The Oregon inspection legend for use with such markings shall be approved by the Department as provided for in OAR 603-029-1000 to 603-029-1058. (7) The outside containers of livers prepared as described in OAR 603-029-0845(2), shall be marked as prescribed in OAR 603-029-0845(3). Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0960 Marking Tank Cars and Tank Trucks Used in Transportation of Edible Products Each tank car and each tank truck carrying inspected and passed product from a state-inspected establishment shall bear a label containing the name of the product in accordance with OAR 603-029-1004, the Oregon inspection legend containing the number of the state-inspected establishment and the words “date of loading,” followed by a suitable space in which the date the tank car or tank truck is loaded shall be inserted. The label shall be located conspicuously and shall be printed on material of such character and so affixed as to preclude detachment or effacement upon exposure to the weather. Before the car or truck is removed from the place where it is unloaded, the carrier shall remove or obliterate such label. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0965 Marking Outside Containers of Inedible Grease, etc. (1) Outside containers of inedible grease, inedible tallow, or other inedible animal fat, or mixture of any such articles, resulting from operations at any state-inspected establishment shall be marked conspicuously with the word “inedible” prior to removal from the point of filling. Containers, such as tierces, barrels, and half barrels shall have both ends painted white with durable paint, if necessary, to provide a contrasting background, and the word “inedible” shall be marked thereon in letters not less than 2 inches high, while on tank cars and tank trucks the letters shall be not less than 4 inches high. (2) Inspected rendered animal fat which is intended not to be used for human food may also be marked “inedible” if handled as provided in section (1) of this rule and OAR 603-029-0800 to 603-029-0850. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-0970 Custom Prepared Products to be Marked If a state-inspected establishment also conducts custom slaughter or custom processing under OAR chapter 603, division 28, any carcasses and parts therefrom that are prepared on a custom basis shall be labeled in accordance with OAR 603-028-0700. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026, ORS 619.036 & ORS 619.061 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-1002 Labels Required; Supervision by Department Employee (1) When, in a state-inspected establishment, any inspected and passed product is placed in any receptacle or covering constituting an immediate container, there shall be affixed to such container a label as described in OAR 603-029-1004 except that the following do not have to bear such a label: (a) Wrappings of dressed carcasses and primal parts in an unprocessed state, bearing the Oregon inspection legend, if such wrappings are intended solely to protect the product against soiling or excessive drying during transportation or storage, and the wrappings bear no information except company brand names, trade marks, or code numbers which do not include any information required by OAR 603-029-1004; (b) Uncolored transparent coverings, such as cellophane, which bear no written, printed, or graphic matter and which enclose any unpackaged or packaged product bearing all markings required by OAR 603-029-0900 to 603-029-0970 which are clearly legible through such coverings; (c) Animal and transparent artificial casings bearing only the markings required by OAR 603-029-0900 to 603-029-0970; (d) Stockinettes used as “operative devices”, such as those applied to cured meats in preparation for smoking, whether or not such stockinettes are removed following completion of the operations for which they were applied; (e) Containers such as boil-in bags, trays of frozen dinners, and pie pans which bear no information except company brand names, trademarks, code numbers, directions for preparation and serving suggestions, and which are enclosed in a consumer size container that bears a label as described in OAR 603-029-1004; (f) Containers of products passed for cooking or refrigeration and moved from a state-inspected establishment under OAR 603-029-0500. (2) Folders and similar coverings made of paper or similar materials, whether or not they completely enclose the product and which bear any written, printed, or graphic matter, shall bear all features required on a label for an immediate container. (3) No covering or other container which bears or is to bear a label shall be filled, in whole or in part, except with product which has been inspected and passed in compliance with these Division 29 rules, which is not adulterated and which is strictly in accordance with the statements on the label. No such container shall be filled, in whole or in part, and no label shall be affixed thereto, except under supervision of a Department employee. 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
603-029-1006 Approval of Abbreviations of Marks of Inspection; Preparation of Marking Devices Bearing Inspection Legend Without Advance Approval Prohibited; Exception (1) The Department may approve and authorize the use of abbreviations of marks of inspection under these Division 29 rules. Such abbreviations shall have the same force and effect as the respective marks for which they are authorized abbreviations. (2) Except for the purposes of preparing and submitting a sample or samples of the same to the Department for approval, no brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any marking device containing any Oregon mark or simulation thereof, or any label bearing any such mark or simulation, without the written authority therefor of the Department. However, when any such sample label, or other marking device, is approved by the Department, additional supplies of the approved label, or marking device, may be made for use in accordance with these Division 29 rules, without further approval by the Department. The provisions of this section apply only to labels, or other marking devices, bearing or containing an Oregon inspection legend shown in OAR 603-029-0610(2) or any abbreviations, copy or representation thereof. (3) No brand manufacturer or other person shall cast or otherwise make, without an Oregon certificate issued in quadruplicate by a Department employee, a brand or other marking device containing an Oregon inspection legend, or simulation thereof, shown in OAR 603-029-0610(1). (a) The certificate is a department form for signature by a Department employee and the state-inspected establishment ordering the brand or other marking device, bearing a certificate serial number and a letterhead and the seal of the Oregon Department of Agriculture. The certificate authorizes the making of only the brands or other marking devices of the type and quantity listed on the certificate. (b) After signing the certificate, the Department employee and the state-inspected establishment shall each keep a copy, and the remaining two copies shall be given to the brand or other marking device manufacturer. (c) The manufacturer of the brands or other marking devices shall engrave or otherwise mark each brand or other marking device with a permanent identifying serial number unique to it. The manufacturer shall list on each of the two copies of the certificate given to the manufacturer the number of each brand or other marking device authorized by the certificate. The manufacturer shall retain one copy of the certificate for the manufacturer’s records and return the remaining copy with the brands or other marking devices to the Department employee whose name and address are given on the certificate as the recipient. Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046 Statutes/Other Implemented: ORS 603.085, ORS 619.042, ORS 619.046 & ORS 561.230 History: DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022
603-029-1008 Approved Labels to be Used Only on Products to Which they are Applicable Labels shall be used only on products for which they are approved, and only if they have been approved for such products in accordance with OAR 603-029-1006. 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