reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.546 - Reports by district attorney to Attorney General; filing of voluntary compliances.

A district attorney shall make a full report to the Attorney General of any action, suit, or proceeding prosecuted by such district attorney under ORS 618.506 to 618.541 and 618.995, including the final disposition of the matter, and shall file with the Attorney General copies of all assurances of voluntary compliance accepted under ORS 618.506. [1973 c.294 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.551 - Remedies supplementary to existing statutory or common law remedies.

The remedies provided in ORS 618.506 to 618.541 and 618.995 are in addition to all other remedies, civil or criminal, existing at common law or under the laws of this state. [1973 c.294 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.991 - Penalties.

(1) Violation of ORS 618.086, 618.096, 618.121 or 618.201 is a Class B misdemeanor.
(2) For the purposes of this section, each day of violation of ORS 618.086, 618.096, 618.121 or 618.201 is a separate offense and the penalties provided in subsection (1) of this section apply to each such offense. [1973 c.293 §54; 2011 c.597 §252]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.995 - Civil penalties.

(1) Any person who willfully violates the terms of an injunction issued under ORS 618.506 shall forfeit and pay to the state a civil penalty of not more than $1,000 per violation. For the purposes of this section, the court issuing the injunction shall retain jurisdiction and the cause shall be continued, and in such cases the prosecuting attorney acting in the name of the state may petition for recovery of civil penalties.
(2) Any person who by an assurance of voluntary compliance submitted under ORS 618.506 agrees not to commit a security seal violation and thereafter willfully violates such assurance shall forfeit and pay to the state a civil penalty of not more than $1,000 per violation. The prosecuting attorney may apply to an appropriate court for recovery of such civil penalty.
(3) In any suit brought under ORS 618.506, if the court finds that a person is willfully committing or has willfully committed a security seal violation, the prosecuting attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty not exceeding $500 per violation. [Formerly 618.536]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.016 - Short title.

ORS 619.010 to 619.026 and 619.036 to 619.066 shall be known as the State Meat Inspection Act. [1973 c.174 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.021 - Purpose.

The intent and purpose of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993 is to give recognition to the Federal Meat Inspection Act presently being enforced in this state and at the same time recognize the responsibility of the State of Oregon to protect the public health of the citizens of this state. In furtherance of this responsibility the State Department of Agriculture is authorized to take all measures necessary and proper in its judgment to complement the enforcement of the Federal Meat Inspection Act, and to prevent and prohibit the sale and distribution of unwholesome meat and meat food products dangerous to the health, safety and welfare of Oregon consumers. In this respect the department shall exercise general sanitary and quality control, and establish supervision and safeguards over meat establishments and meat products under its jurisdiction. [1973 c.174 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.026 - Meat preparation establishment sanitation requirements.

(1) Every establishment, including all equipment therein or thereon, shall be kept in a clean, healthful and sanitary condition.
(2) Unclean, unhealthful and insanitary conditions shall be deemed to exist if:
(a) All the equipment utilized is not thoroughly cleaned on a daily basis, or more often as required by the State Department of Agriculture.
(b) Meat and meat products being prepared, packed, stored, sold, distributed or transported are not securely protected from flies, dust, dirt and, as far as may be necessary, by all reasonable means from all other foreign or injurious contamination.
(c) The persons and clothing of all employees or other persons therein are unclean.
(d) The refuse, dirt and waste products, subject to decomposition or fermentation generated in the operation of the establishment, are not removed at least on a daily basis or as otherwise authorized by the department. [1973 c.174 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.036 - Sanitation and record inspections; seizure of nonconforming foods and facilities.

The State Department of Agriculture is authorized:
(1) To inspect at reasonable times the equipment, meat and meat products and premises of establishments, meat seller establishments, grocery stores, or other places of business, for the purpose of enforcing minimum sanitary requirements, wholesomeness of meat and meat products and other provisions of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993 or rules adopted under ORS 576.024, 619.010 to 619.071, 619.370 and 619.993.
(2) To seize, embargo or detain any food commodity, or quarantine any building, equipment, vehicle or facility found upon inspection or test to be in violation of ORS 619.026 to 619.066 or of any rule adopted under ORS 619.026 to 619.066.
(3) To inspect at reasonable times the records required to be kept by ORS 619.031 (7). [1973 c.174 §12; 2005 c.735 §§7,8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.041 - Prohibition on use of establishment or vehicle upon determination of insanitary conditions; posting notice; removal of notice prohibited.

(1) Whenever the State Department of Agriculture determines that any part of an establishment where meat products destined for sale or distribution are prepared, packed, stored, sold or distributed for consumption outside such premises, or any vehicle used in the transportation of such products is kept in an unclean, unhealthy or insanitary condition, the department shall:
(a) Notify the owner or person in charge that such establishment or vehicle shall not be used for its intended purpose until it is put in a sanitary condition by making the changes ordered in the notice; and
(b) Post a notice upon such establishment or vehicle to the effect that it is condemned for further use on account of the unclean, unhealthful or insanitary condition.
(2) The notice shall not be removed without prior approval of the department. A continued use of such establishment or vehicle without making the changes ordered, or an unauthorized removal of the notice, is a violation of this section. [1973 c.174 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.046 - Rules.

(1) In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may promulgate rules necessary to carry out and enforce the provisions of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993, including but not limited to:
(a) The establishment of conditions under which carcasses, meat and meat products of meat animals shall be stored or otherwise handled by any person engaged in buying, selling, freezing, storing, or transporting such articles, so as to assure that such articles will not be adulterated or misbranded when delivered to the consumer.
(b) The establishment of requirements for any person engaged in buying, selling or transporting dead, dying, disabled, or diseased meat animals, or parts thereof, to assure that such animals, or the unwholesome meat or meat products thereof, will be prevented from being used for human food.
(c) The establishment of minimum standards of quality and wholesomeness, and definitions and standards of identity for meat products. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated by authority of the United States and shall not be inconsistent with the definitions and standards promulgated by such federal authority under the Federal Meat Inspection Act. Such standards of quality and wholesomeness, and definitions and standards of identity shall be applicable to any establishment, retail meat market, grocery store or other place where meat products are prepared, sold, held or offered for sale.
(2) In promulgating such rules the department may consider:
(a) Meat inspection programs and standards of other states and of the United States;
(b) Economic, health and welfare consequences to this state which might result from the production, preparation, handling, sale or consumption of unwholesome meat or meat products;
(c) Necessary procedures required to prohibit the sale or consumption of unwholesome meat or meat products; and
(d) Minimum standards of refrigeration necessary to protect meat or meat products from spoilage, contamination and disease. [1973 c.174 §9; 1987 c.158 §120b]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.051 - Prohibited acts.

No person shall:
(1) Have in the person’s possession for any reason or purpose unwholesome meat or meat products that are not denatured and properly identified;
(2) Carry or transport, by vehicle or otherwise, the carcass or meat of any meat animal destined for sale or distribution as food, unless it is thoroughly protected from dust, dirt, flies or other contaminants;
(3) Sell, hold or offer for sale any meat product if such meat product is from a meat animal not slaughtered under the auspices of the meat and poultry inspection program of the United States Department of Agriculture if federal regulations have been established for the inspection of the meat animal; or
(4) Engage in an activity requiring a license under the provisions of ORS chapter 603 without first procuring such license from the State Department of Agriculture and maintaining it as prescribed in ORS chapter 603. [1973 c.174 §6; 1995 c.26 §1; 2003 c.14 §371]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.056 - Trichinae treatment required for pork products.

No food consisting wholly or in part of pork muscle tissue, such as bologna style sausage, Vienna style sausage, frankfurt style sausage, summer sausage, all other similar sausages or pork products, or prepared products containing pork muscle tissue, except a fresh product consisting wholly of pork muscle tissue, shall be kept, offered or exposed for sale as food for human consumption, unless the pork muscle tissue entering into the products has been subjected to any method of treatment of pork or pork products which will destroy trichinae. [1973 c.174 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.061 - Tagging and identification of meat products by person operating retail sales and custom slaughter or processing establishments.

Any person operating a retail meat seller establishment, as defined in ORS chapter 603, in conjunction with a custom slaughtering establishment or custom processing establishment shall mark, tag or identify all individually wrapped packages or containers of meat or meat products slaughtered, wrapped, prepared or handled for the owner of a meat animal, at the time and in the manner deemed necessary by the State Department of Agriculture to protect the people of this state from the purchase or consumption of uninspected meat products. [1973 c.174 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.066 - Labeling of meat products to conform to ORS chapters 616 and 618.

The labeling requirements for meat or meat products shall be those prescribed in ORS chapter 616 and the labeling requirements as to weight or measure of meat or meat products shall be those prescribed in ORS chapter 618. [1973 c.174 §11; 1975 c.304 §18]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.071 - Disposition of moneys received by department.

All moneys received by the department pursuant to ORS 619.010 to 619.071 shall be paid into the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of administering ORS 619.010 to 619.071. [1973 c.174 §15; 1979 c.499 §22]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.095 - When game meat inspection required; processing by approved establishment.

(1) Game meat donated to charitable organizations shall be inspected by the State Department of Agriculture to determine fitness for human consumption as provided in ORS 603.045 and 619.031 or shall be inspected and determined fit for human consumption by employees of the State Department of Fish and Wildlife or the Department of State Police who have been trained by the State Department of Agriculture in the procedures provided in ORS 603.045 and 619.031, and shall be processed by an establishment approved by the State Department of Agriculture as provided in ORS 619.026 and 619.031 and may be served for human consumption by charitable organizations.
(2) As used in subsection (1) of this section:
(a) "Charitable organization" means the Department of Human Services, Oregon Health Authority, Oregon Youth Authority, Department of Corrections institutions, low-income nutritional centers, public school nutritional centers, senior nutritional centers, state hospitals and other charitable organizations or public institutions approved by the State Department of Fish and Wildlife.
(b) "Game meat" includes antelope, bighorn sheep, deer, elk, moose and mountain goat. [1983 c.575 §2; 1987 c.320 §239; 1997 c.249 §187; 2001 c.900 §209; 2009 c.595 §998]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.105 - Liability of public employees for inspection.

No civil or criminal sanctions shall be imposed upon State Department of Agriculture employees, State Department of Fish and Wildlife employees or Department of State Police employees for the good faith inspection of game meat as provided in ORS 619.095. [1983 c.575 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.340

[Subsection (1) enacted as 1959 c.646 §7; subsection (2) enacted as 1961 c.230 §6; repealed by 1973 c.174 §20]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.350 - "Fryer" defined.

As used in ORS 619.350 to 619.380, unless the context requires otherwise, "fryer" means a chicken of any breed or variety, slaughtered under the age of six months, produced for sale for human consumption as a fryer, broiler or fryer-roaster, or the cut-up parts of such a chicken. [1959 c.385 §1; 1997 c.462 §1; 2009 c.367 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.355 - Identification required before sale for human consumption; exception.

(1) All fryers and fryer parts that are exposed or offered for sale for human consumption in this state and that have been grown in Oregon must be conspicuously identified to the consumer or purchaser as fryers or fryer parts that are Oregon-grown.
(2) The provisions of subsection (1) of this section do not apply to fryers that are exposed or offered for sale to ultimate consumers at the farm or ranch where the fryers were produced, if no fryers produced elsewhere are exposed or offered for sale to ultimate consumers at the farm or ranch. [1959 c.385 §§2,3; 1997 c.462 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.360 - Identification required before transporting for sale for human consumption.

Except as provided in ORS 619.375, and except for a common carrier, no person shall transport any fryer for purposes of sale for human consumption unless the fryer is identified as required by ORS 619.355 (1) and 619.370. [1959 c.385 §7; 1997 c.462 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.365 - Misrepresentation concerning grower, state of origin or fresh condition.

No person, by means of any representation, either verbal, printed or written, shall willfully represent or pretend that fryers or parts thereof:
(1) Were grown by any person, or in any state, other than by the person and in the state where the fryers were in fact grown; or
(2) Are fresh, if at any time after slaughter, they have ever been frozen. [1959 c.385 §4; 1967 c.301 §1; 1997 c.462 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.370 - Labeling concerning addition of chemical preservative.

(1) No person shall sell or display, expose, offer or possess for sale for human consumption, a fryer to which a chemical preservative has been added, unless it is conspicuously labeled in legible letters or figures of not less than one-sixteenth of an inch in height with the words "preservatives added: (here insert a list of the preservatives, by their common or technical names)."
(2) "Chemical preservative," as used in this section, means any substance, including but not limited to antibiotics, which when added to fryers tends to prevent or retard deterioration of the fryer, but does not include common salt, sugars, vinegars, spices or oils extracted from spices, or substances added to food by direct exposure to wood smoke.
(3) Subsections (1) and (2) of this section do not apply to a fryer or immediate container which bears a label provided under section 81.120 of the United States Department of Agriculture Regulations issued pursuant to the Poultry Products Inspection Act (71 Stat. 441), as amended by the Wholesome Poultry Products Act of August 18, 1969, (82 Stat. 971; U.S.C. 451) et seq. [1959 c.385 §5; 1973 c.174 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.375 - Certain fryers excepted from provisions of ORS 619.350 to 619.380.

The provisions of ORS 619.350 to 619.380 do not apply to fryers being transported from the grower’s residence or place of business to a warehouse for storage, or to any place for inspection, grading, packing or processing. [1959 c.385 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.380 - Enjoining violations.

In addition to other penalties and enforcement provisions contained in ORS 619.350 to 619.380, circuit courts may, upon petition of the State Department of Agriculture, enjoin by temporary or permanent injunction any violation of the provisions of ORS 619.350 to 619.380. [1959 c.385 §8; 2009 c.367 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.411 - Definitions for ORS 619.411 to 619.426.

As used in ORS 619.411 to 619.426:
(1) "Commission" means the Oregon Sheep Commission.
(2) "Lamb" means animals defined as lamb by the United States Department of Agriculture grading standards.
(3) "Immediate container" means the box, carton, bag or wrapper or other receptacle used by any person in transporting lamb, or in which lamb is offered for sale. "Immediate container" does not include package liners.
(4) "Label" means the information required by ORS 619.411 to 619.426 to be placed on the lamb or on the immediate container by means of a stamp, stencil or printing by machine or by attaching to the immediate container, by means of glue or paste, a machine-printed label. [1989 c.616 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.416 - Labeling required before sale for human consumption; restriction on use of words "Grown in Oregon."

(1) Lamb, or the immediate container in which it is enclosed, which is produced and processed in Oregon and is offered for sale for human consumption, may be conspicuously labeled with a label not less than one inch in height and one and one-half inches in width in legible letters or figures of not less than three-sixteenths of an inch in height, with the words "Grown in Oregon." If the immediate container is made of transparent material, the label may be placed inside the material if it is affixed so that it is easily readable by a consumer or purchaser. If the lamb is not enclosed in an immediate container, the label shall be placed on a tag securely fastened to the lamb.
(2) Lamb that is produced in Oregon and processed out-of-state may carry the "Grown in Oregon" label if the producer, processor and retailer voluntarily develop a system of tracking and are able to prove that lamb sold for human consumption carrying the "Grown in Oregon" label was produced in Oregon.
(3) Lamb that is not produced in Oregon may not carry the name Oregon, in any form, anywhere on the lamb or its immediate container. [1989 c.616 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.421 - Misrepresentation regarding grower, state of origin or fresh condition.

No person, by means of any representation, either verbal, printed or written, or by improper use of labels, shall willfully represent or pretend that lamb:
(1) Was grown by any person, or in any state or country other than by the person and in the state or country where the lamb was in fact grown.
(2) Is fresh, if, at anytime after slaughter, it has ever been frozen. [1989 c.616 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.426 - Enjoining violations.

Circuit courts hereby are authorized, upon petition of the Oregon Sheep Commission, to enjoin by temporary or permanent injunction any violations of the provisions of ORS 619.411 to 619.426. [1989 c.616 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.990

[Subsection (5) enacted as 1955 c.712 §17; subsection (6) enacted as 1959 c.565 §19; 1961 c.164 §10; subsection (7) enacted as 1965 c.483 §8; subsection (8) enacted as 1965 c.150 §5; repealed by 1969 c.565 §48]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.993 - Criminal penalty for meat inspection law violations.

Violation of any of the provisions of ORS 619.010 to 619.071 and 619.370, or rules adopted under ORS 619.010 to 619.071 or for the enforcement of ORS 619.370 is a Class A misdemeanor. [1973 c.174 §16; 1975 c.304 §8; 2009 c.175 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 619 - Labeling and Inspection of Meat and Meat Food Products › Section 619.996 - Civil penalties; rules; hearing; disposition of moneys.

(1) In addition to any penalty available under ORS 561.190 or 619.993, the State Department of Agriculture may impose a civil penalty for a violation of this chapter or of rules adopted under this chapter. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.
(2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.
(3) When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.
(4) Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.010 - Restraining violations.

(1) If the State Department of Agriculture believes that any person is engaged in or is about to engage in any act or practice that is a violation of ORS 621.056, 621.057, 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.117, 621.122, 621.124, 621.161, 621.166, 621.183, 621.198, 621.226 or 621.259 or any rule or standard adopted under ORS 621.060, 621.083, 621.096, 621.224 or 621.261, the department may apply for a temporary restraining order or permanent injunction pursuant to ORCP 79 or ORS 561.280 prohibiting the person from engaging in that act or practice. The application for the order or injunction may be made to the circuit court of any county in which the person is engaged in or is about to engage in the unlawful act or practice. Notwithstanding ORCP 82, no security shall be required of the department to obtain the restraining order or injunction. The remedy provided the department by this section is in addition to all other remedies, civil and criminal.
(2) In a proceeding for an injunction under subsection (1) of this section, an applicant or licensee may not, as a defense, litigate collaterally any matter concerning the refusal to grant or the revocation or suspension of a license required by or issued under ORS 621.070, 621.072, 621.161, 621.171 or 621.266 if the applicant or licensee was heard or might have been heard on that matter directly in an administrative hearing under ORS 183.413 to 183.470, or on an appeal from such a hearing. [1955 c.714 §1; 1961 c.425 §13; 1999 c.197 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.012 - Exception for small-scale on-farm sales.

The provisions of ORS 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.116, 621.117 and 621.259 and standards developed under ORS 621.060, 621.083 or 621.224 do not apply to a person owning not more than three dairy cows that have calved at least once, nine sheep that have lactated at least once or nine goats that have lactated at least once, but such person may sell the fluid milk from those animals for human or other consumption without complying with the provisions of ORS 621.062, 621.070, 621.072, 621.076, 621.084, 621.116, 621.117 or 621.259 or standards developed under ORS 621.060, 621.083 or 621.224 only if:
(1) The milk is sold directly to the consumer at the premises where produced; and
(2) No more than two producing dairy cows, nine producing sheep or nine producing goats are located on the premises where the milk is produced. [Formerly 621.089; 2015 c.58 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.015 - Disposition of license fees; appropriation.

The State Department of Agriculture shall deposit all fees paid to it under this chapter in the Department of Agriculture Service Fund. All such fees are continuously appropriated to the department for the purpose of administering and enforcing this chapter. [1963 c.48 §2; 1979 c.499 §23]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.018 - Entry and use of fluid milk produced outside state; reciprocal agreements.

(1) The State Department of Agriculture may permit the entry and use in this state of fluid milk produced in other governmental units subject to the conditions set forth in this section. For the purposes of this section, the term "governmental unit" means any state, territory of the United States or political subdivision thereof.
(2) The department shall investigate and survey the system of regulation of the fluid milk industry in effect in the governmental unit in which the fluid milk is produced. The investigation shall be made into all the factors relating to the quality of fluid milk as prescribed in ORS 621.060. Upon a determination by the department that the system of fluid milk regulation in effect in a governmental unit is of a nature that will reasonably ensure that fluid milk produced thereunder will be of a quality substantially equal to fluid milk produced in this state, the department may issue a permit to any person operating under that system for the movement of fluid milk into this state.
(3) Recognition by the department of the system of regulation and inspection of fluid milk produced or processed in any other governmental unit shall be granted only in cases where the other governmental unit grants a reciprocal recognition to fluid milk produced or processed in this state.
(4) The department may give full faith and credit to the acts of any other governmental unit administering a system of fluid milk regulation recognized by the department, suspending the right or privilege of any person under the jurisdiction of that governmental unit to produce or process fluid milk.
(5) The department shall arrange with any other governmental unit administering and enforcing a system of fluid milk regulation recognized by the department for the exchange of information necessary to ensure an uninterrupted interchange of wholesome and nutritious fluid milk between that governmental unit and this state. [Formerly 621.105]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.056 - Employment of grader.

Each distributor, producer-distributor and dairy products plant licensee shall employ a grader who shall accurately and impartially grade all milk or fluid milk purchased by the distributor, producer-distributor or licensee from producers before it is commingled with other milk or otherwise loses its identity. [Formerly 621.206]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.057 - Record of grade of milk.

The grader shall make a true written record of the grade of all milk graded by the grader. The record shall also show the name of the producer, the date of delivery and of grading, and the quantity involved. The record shall be delivered to and retained by the distributor, producer-distributor or dairy products plant licensee for 30 days and shall be available for inspection by the producer of the milk and by the State Department of Agriculture. [Formerly 621.216]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.058 - Milk, fluid milk and dairy product grades, standards, safety and marketability; rules.

(1) The State Department of Agriculture shall establish by rule, as provided in ORS chapter 183, official state grades and standards of quality applicable to all milk, fluid milk and dairy products.
(2) The grades and standards for milk, fluid milk and dairy products may from time to time be changed by the department as provided in subsection (1) of this section.
(3) The department may adopt by rule recommended or required practices for ensuring the safety or marketability of milk, fluid milk or dairy products. The rules may include, but need not be limited to, the adoption by reference, in modified or unmodified form, of any model ordinances, practices or requirements used by the federal government or multistate organizations of milk shippers. [Formerly 621.201; 2017 c.16 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.059 - Definitions and standards of identity for cheese; rules.

The State Department of Agriculture may adopt rules establishing definitions and standards of identity for all types of cheese. To the extent that the department considers practicable and applicable in this state, the definitions and standards of identity established by rule of the department shall conform to the definitions and standards of identity made under 21 C.F.R. part 133. The department may change the definitions and standards of identity from time to time as the department considers desirable to conform with alterations or amendments to the federal definitions and standards of identity. [1999 c.197 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.060 - Establishing standards of quality and identity for fluid milk; rules.

(1) The State Department of Agriculture shall establish official state standards of quality for all forms of fluid milk in the manner prescribed by ORS 632.900 to 632.935.
(2) The standards of quality established for fluid milk shall be based upon:
(a) The health of the cows, sheep and goats;
(b) The physical facilities of dairy farms and milk processing plants;
(c) The standard of sanitary maintenance of dairy farms and milk processing plants including equipment used therein, the cleanliness of operating personnel and the cleanliness of adjacent land areas;
(d) The physical facilities for the transportation of fluid milk and the methods and standards of sanitary maintenance of those facilities;
(e) The quality and nutritional value of fluid milk as a human food as determined by examination; and
(f) Any other factor found by the department, upon hearing, to affect the quality, odor, flavor or wholesomeness of fluid milk.
(3) The department, by rule, may establish definitions and standards of identity for all types of fluid milk. To the extent that the department considers practicable and applicable in this state, the definitions and standards of identity established by rule of the department shall conform to the definitions and standards of identity made under 21 C.F.R. part 131. The department may change the definitions and standards of identity from time to time as the department considers desirable to conform with alterations or amendments to the federal definitions and standards of identity. [Amended by 1971 c.769 §1; 1981 c.523 §3; 1999 c.197 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.062 - Deviation from standard of identity prohibited.

A person shall not process, distribute, sell or offer or expose for sale fluid milk that does not conform to a standard of identity established by the State Department of Agriculture. [1959 c.346 §3; 1999 c.197 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.070 - License required to use grade designation.

A person shall not use any grade designation on bottle caps, in advertising, on labels or in any other manner connected with the sale of fluid milk unless the State Department of Agriculture has licensed the person to use the grade designation. [Amended by 1999 c.197 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.073 - Suspension of grade use privilege.

(1) In addition to the powers conferred on the State Department of Agriculture under ORS 621.018, 621.060, 621.072, 621.076, 621.083 and 621.226, the department may suspend the privilege of any person to use a grade designation on containers of fluid milk produced or distributed by the person. The power of suspension may be exercised by the department for any violation of ORS 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.117, 621.122 (7), 621.226 or 621.259, standards adopted under ORS 621.060, 621.083 or 621.224 or any department rules.
(2) A suspension shall not exceed 10 days except that, before lifting the suspension, the department shall ensure that the violation causing the suspension has been corrected.
(3) The provisions of ORS 183.413 to 183.470 do not apply to suspensions imposed under authority of this section, although appeal shall be in the manner provided by ORS 183.484, 183.486, 183.490 and 183.497. This subsection shall not deprive a person of the right to present any defense to a criminal prosecution instituted for violation of ORS 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.117, 621.122 (7), 621.226 or 621.259, nor shall it deprive a person of the right to a declaratory judgment. [Formerly 621.120; 2017 c.16 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.076 - Container labeling; bottling unpasteurized milk; prohibition against milk by or from suspended licensee.

(1) A person shall not sell, expose or offer for sale or knowingly transport fluid milk in containers:
(a) If the fluid milk has been produced or processed in violation of ORS 621.070.
(b) If the container or container cap is not labeled with the name and address of the producer, distributor, nonprocessing distributor or producer-distributor of the milk and the applicable state grade. However, containers of unpasteurized fluid milk that are shipped by producers to a milk processing plant or a dairy products plant for pasteurization and that are identified by shipper name or number shall not be required to be so labeled.
(2) A person shall not bottle unpasteurized fluid milk except on the premises where it is produced.
(3) A producer or producer-distributor shall not sell or offer for sale fluid milk during the period that the license of the producer or producer-distributor to use a grade designation on fluid milk has been suspended under ORS 621.072 or 621.073.
(4) A distributor shall not knowingly purchase fluid milk from any person whose license to use a grade designation has been suspended under ORS 621.072 or 621.073.
(5) A distributor shall not knowingly purchase fluid milk from any person other than a person licensed under ORS 621.072.
(6) Each container of fluid milk sold or exposed or offered for sale by a nonprocessing distributor shall be labeled on the container or on the container cap with either the name and address of the distributor or producer-distributor processing and bottling the fluid milk or with a code number, assigned by the State Department of Agriculture, identifying the distributor or producer-distributor. [Formerly 621.115]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.078 - Additional users of milk processing plant; fees; rules.

(1) The State Department of Agriculture may issue a distributor or producer-distributor license under ORS 621.072 to one or more additional users of a milk processing plant that is primarily operated by another distributor or producer-distributor. A license issued to an additional user for activities at the milk processing plant may differ in activity type from the license issued to the primary operator of the plant. The physical facilities of the milk processing plant must conform to the requirements for all activity types for which the primary operator and the additional users of the plant are licensed. Regardless of the number of persons licensed to use a milk processing plant, the department may not recognize more than one distributor or producer-distributor as the primary operator of the plant.
(2) The department may assess a distributor or producer-distributor license fee to an additional user of a milk processing plant, calculated as provided in rules adopted under ORS 621.072. In calculating license fees as provided under ORS 621.072, the annual gross dollar volume of sales and services for an additional user of a milk processing plant is independent of the annual gross dollar volume of sales and services for any other user or the primary operator of the plant.
(3) Notwithstanding ORS 621.072, the department may adopt rules to establish the license expiration, renewal and application dates for distributors or producer-distributors that are additional users of a milk processing plant.
(4) The department may adopt rules to determine the responsibilities of a milk processing plant’s primary operator and additional users of the milk processing plant under standards prescribed by ORS 621.176 and 621.181 and under ORS 621.183.
(5) A recognized primary operator of a milk processing plant shall notify the department upon the expiration or termination of the rental or lease of the plant by an additional user of the plant. [2007 c.645 §7; 2012 c.64 §23; 2015 c.203 §23]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.083 - Procedures and equipment for graders.

The State Department of Agriculture may establish standards of procedure and acceptable types of equipment for use by graders in taking and safeguarding samples of milk for analysis. [1959 c.145 §7; 1979 c.320 §11; 1999 c.197 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.084 - Weighing, sampling and testing fluid milk.

Distributors, producer-distributors, dairy products plant licensees and all other purchasers of milk from producers shall weigh, sample and test fluid milk purchased by them from producers in the same manner as milk and cream are weighed, sampled and tested under ORS 621.096. [1955 c.714 §8; 1999 c.197 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.088 - Sale or possession of milk or cream to which water has been added.

A producer, producer-distributor, distributor, nonprocessing distributor or dairy products plant licensee shall not offer or expose for sale, sell, exchange, deliver, possess or control with intent to sell, expose for sale or deliver, purchase for resale or receive for manufacture, any milk or cream to which water has been added, as evidenced by official State Department of Agriculture laboratory testing, except as may be permitted by the department in:
(1) The reconstitution of fluid milk; or
(2) The transportation of the product containing added water to a dairy products plant for recovery of the milk food solids. [1955 c.714 §10; 1957 c.346 §1; 1979 c.320 §3; 1999 c.197 §16]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.089

[1955 c.25 §2; 1973 c.99 §1; 1983 c.55 §1; 1999 c.197 §17; 1999 c.937 §2a; renumbered 621.012 in 1999]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.092 - Right of producer to be present at weighing, sampling or testing and to have own tests made.

The producer of milk or cream, or the producer’s agent, has the right to be present while the distributor, producer-distributor or dairy products plant licensee weighs, samples or tests the milk or cream, and to take samples of the milk or cream and have them privately tested. At the request of any producer, a distributor, producer-distributor or dairy products plant licensee shall notify the producer of the time and place where the milk or cream will be weighed, sampled or tested. [Formerly 621.241]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.093 - Liability of licensee for inaccurate weighing, sampling, testing or recording; attorney fees.

If a producer is damaged by an inaccurate weighing, sampling or testing of milk or cream by a distributor, producer-distributor or dairy products plant licensee or by the inaccurate recording of the results of any test by the distributor, producer-distributor or licensee, the producer may bring an action for those damages. The court may award reasonable attorney fees to the prevailing party in an action under this section. [Formerly 621.246]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.094 - Authority of department to take charge of weighing, sampling and testing upon noncompliance.

(1) If a distributor, producer-distributor or dairy products plant licensee fails to comply with any provision of ORS 621.056, 621.057, 621.084, 621.092, 621.122 (7) to (10) or 621.226 or regulations adopted under ORS 621.096, the State Department of Agriculture may revoke the license or, with the written consent of the distributor, producer-distributor or licensee, may perform the weighing, sampling and testing of the milk or cream received or purchased by the distributor, producer-distributor or licensee.
(2) The department shall employ competent personnel of its own choice to perform the weighing, sampling or testing under subsection (1) of this section. The salary and necessary expenses of the personnel shall be paid by the department. The distributor, producer-distributor or licensee shall reimburse the department for the salary and expenses monthly.
(3) The department shall continue to perform the weighing, sampling and testing of the milk or cream received or purchased by the distributor, producer-distributor or dairy products plant licensee until the department is satisfied that the distributor, producer-distributor or licensee is willing and able to comply with all the provisions of ORS 621.056, 621.057, 621.084, 621.092, 621.122 (7) to (10) and 621.226 and regulations adopted under ORS 621.096. When the department is so satisfied, control of the weighing, sampling and testing shall be returned to the distributor, producer-distributor or licensee. [Formerly 621.251]