reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.096 - Regulations regarding weighing, sampling and testing.

(1) The State Department of Agriculture shall promulgate regulations relating to the weighing, sampling and testing of milk and cream.
(2) The department shall ensure that all milk that a distributor, producer-distributor or dairy products plant licensee purchases from producers is tested by the distributor, producer-distributor or licensee for milk fat content using an accurate and efficient test approved by the department. [Formerly 621.236]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.116 - Prohibition against retail sale of unpasteurized milk from cows.

A person may not sell or distribute for sale unpasteurized milk or fluid milk from cows, or dairy products from unpasteurized milk or fluid milk from cows, other than to a distributor, producer-distributor, dairy products plant licensee or nonprocessing cooperative. This section does not apply to the sale or distribution of cheese otherwise exempt from pasteurization requirements or to sales or distributions by a person described under ORS 621.012. [1999 c.937 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.117 - Distributor or producer-distributor may sell only milk that is pasteurized or from disease-free goats or sheep.

A distributor, producer-distributor or dairy products plant licensee shall not sell or offer or expose for sale any dairy product or fluid milk for human consumption unless the milk used in the dairy product or fluid milk has been pasteurized or is goat or sheep’s milk that was produced by a disease-free herd, except that if not more than one reactor animal appears when the goat or sheep herd is tested for brucellosis, the milk, dairy products or fluid milk may still be sold if the animal is slaughtered and no additional reactor animals appear when the herd is retested, as provided in ORS chapter 596 and regulations promulgated thereunder. If one or more reactor animals appear when the herd is retested, no milk, dairy products or fluid milk from the herd may be sold until the herd regains a brucellosis-free status. [1955 c.714 §9(3); 1957 c.346 §3; 1969 c.152 §5; 1975 c.299 §1; 1999 c.197 §20; 1999 c.937 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.124 - Milk not to be sold if from diseased animals or from animals that have not been tested or retested for brucellosis.

(1) A person shall not sell or offer or expose for sale any fluid milk with knowledge that the milk has been produced from a herd of cows, sheep or goats, one or more of which were infected with brucellosis at the time the milk was produced, or with knowledge that not all the animals in the herd have been tested or retested for brucellosis in a manner approved by the State Department of Agriculture.
(2) The tests described by this section shall be performed only by state veterinarians, assistant state veterinarians or deputy state veterinarians employed or appointed by the department, or by veterinarians employed by the United States Department of Agriculture. [1957 c.346 §5 (enacted in lieu of 621.125); 1999 c.197 §23]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.161 - Operation of dairy products plant without license prohibited.

A person shall not operate a dairy products plant unless that person has a valid dairy products plant license. A separate license is required for each dairy products plant operated. A person is not required to obtain a dairy products plant license to act as a milk hauler or to operate receiving or transfer stations in conjunction with a milk processing plant. [1953 c.686 §2; 1971 c.769 §4; 1999 c.197 §24]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.169 - Additional users of dairy products plant; fees; rules.

(1) The State Department of Agriculture may issue a dairy products plant license under ORS 621.166 to one or more additional users of a dairy products plant that processes or uses milk to manufacture dairy products and is primarily operated by another person. A license issued to an additional user for activities at the dairy products plant shall cover all operations at that plant by the person licensed. Regardless of the number of persons licensed to use a dairy products plant, the department may not recognize more than one person as the primary operator of the plant.
(2) The department may assess a license fee to an additional user of a dairy products plant described in subsection (1) of this section, calculated as provided in rules adopted under ORS 621.166. In calculating license fees as provided under ORS 621.166, the annual gross dollar volume of sales and services for an additional user of the dairy products 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 621.166, the department may adopt rules to establish the license expiration, renewal and application dates for additional users of a dairy products plant.
(4) The department may adopt rules to determine the responsibilities of the dairy products plant’s primary operator and additional users of the dairy products plant’s under standards prescribed by ORS 621.176 and 621.181 and under ORS 621.183.
(5) A recognized primary operator of a dairy products 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 §8; 2012 c.64 §25]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.171 - Issuance of license; renewal; suspension; revocation.

(1) The State Department of Agriculture shall issue a dairy products plant license under ORS 621.166 or a license under ORS 621.072 for a distributor or producer-distributor to use a physical facility when it determines that the dairy products plant or the facility to be operated by the applicant is in compliance with the standards prescribed by the department pursuant to ORS 621.176 and 621.181.
(2) The department may refuse to issue or renew or may revoke or suspend the license of any person who fails to comply with the provisions of ORS 621.056, 621.057, 621.092, 621.122, 621.183 and 621.198 and the regulations promulgated under ORS 621.096 or 621.261. [1953 c.686 §4; 1999 c.197 §26]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.176 - Standards of construction for plants and facilities.

To ensure that the handling and processing of milk, fluid milk and dairy products is conducted in a sanitary environment, the State Department of Agriculture shall prescribe minimum standards of construction for dairy products plants and physical facilities of a distributor or producer-distributor, including but not limited to standards for:
(1) Floors, walls, ceilings.
(2) Doors and windows.
(3) Lighting and ventilation.
(4) Toilet and lavatory facilities.
(5) Water supply.
(6) Separation and partitioning of rooms for carrying on the several handling, processing and storage functions. [1953 c.686 §5; 1999 c.197 §27]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.181 - Standards of sanitation for operation of plants and facilities.

The State Department of Agriculture shall prescribe minimum standards of sanitation for the operation of dairy products plants and physical facilities of a distributor or producer-distributor including, but not limited to, standards for the:
(1) Washing, cleaning, maintenance and condition of floors, walls and ceilings of all rooms directly connected with the handling, processing and storage of dairy products, fluid milk or milk, and the equipment used therein, including bulk tank trucks and other mobile equipment used in the transportation of milk or cream from farm to plant or between plants.
(2) Health and cleanliness of personnel.
(3) Cleanliness and sanitation of surrounding premises.
(4) Disposal of all waste and sewage material.
(5) Control of insects and rodents.
(6) Construction, cleaning and sanitizing of utensils, containers and equipment used in direct contact with dairy products, fluid milk or milk. [1953 c.686 §6; 1999 c.197 §28]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.183 - Prohibition against operating plant or facility that does not meet standards.

A person shall not operate a dairy products plant or a physical facility of a distributor or producer-distributor that fails to conform to the standards prescribed pursuant to ORS 621.176 and 621.181. [1999 c.197 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.193 - Standards for farm bulk storage facilities.

The State Department of Agriculture shall prescribe standards of construction and sanitation for bulk storage tanks, equipment, buildings and other facilities used by producers to store milk that is to be sold to a dairy products plant or to be used at a physical facility of a distributor or producer-distributor. The standards shall be for the purpose of ensuring the wholesomeness of milk, fluid milk and dairy products, and may include, but are not limited to, standards regulating the:
(1) Size, location, construction and sanitation of bulk storage tanks, equipment, buildings and other facilities.
(2) Lighting and ventilation.
(3) Water supply.
(4) Cooling equipment. [1969 c.164 §2; 1999 c.197 §29]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.198 - Prohibition against use or dealing with user of nonstandard bulk storage facilities.

(1) A producer shall not store milk that is to be sold to a dairy products plant or to be used at a physical facility of a distributor or producer-distributor, in bulk storage tanks, equipment, buildings or other facilities that do not conform to the standards prescribed pursuant to ORS 621.193.
(2) A distributor, producer-distributor or dairy products plant licensee shall not receive or purchase milk from a producer, that is stored in bulk storage tanks, equipment, buildings or other facilities that do not conform to the standards prescribed pursuant to ORS 621.193. [1969 c.164 §3; 1999 c.197 §30]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.201

[1953 c.686 §10; 1955 c.118 §1; 1979 c.91 §1; 1999 c.197 §31; renumbered 621.058 in 1999]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.203 - Condemnation of unfit container and its contents.

(1) The State Department of Agriculture shall condemn any container that it finds unfit for use by reason of dirt, rust, open seams or any other condition that may contaminate fluid milk, milk or dairy products or otherwise render them unfit for human use or consumption. The department shall provide by rule the method of plainly identifying condemned containers, which shall include affixing a tag to, or marking on, the container a notice of the fact of condemnation and a brief statement of the reasons therefor.
(2) It shall be conclusively presumed that any fluid milk, milk or dairy product in a container that has been condemned by the department and that bears a condemnation tag or marking is unfit for human consumption. The department shall condemn such fluid milk, milk or dairy product. The condemnation shall be carried out by thoroughly mixing a harmless red coloring matter prescribed by the department with the contents of the container. The department may authorize licensed pasteurizer operators and graders to make the condemnation.
(3) If the container can be repaired, or the reason for the condemnation otherwise removed, the condemnation of the container may be lifted by the department. The department may authorize licensed pasteurizer operators and graders to lift the condemnation of a container when appropriate repairs have been made or the reason for the condemnation has been otherwise removed. [Formerly 621.661]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.207 - Prohibition against unauthorized removal of condemnation tag or marking or use of container or its contents.

(1) A person other than an authorized employee or agent of the State Department of Agriculture shall not remove a condemnation tag or marking from a container.
(2) A person shall not place any fluid milk, cream, milk or dairy product in a container bearing a condemnation tag or marking.
(3) A person shall not use the contents of a container that has been condemned to manufacture, process or bottle fluid milk, cream, milk or dairy products. [Formerly 621.666]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.226 - Condemnation of unlawful milk, cream, dairy product or fluid milk.

(1) Whenever a grader determines that any milk, cream, dairy product or fluid milk is unlawful, the grader shall immediately affix a condemnation tag to the milk, cream, dairy product or fluid milk container. Condemnation tags shall be in a form prescribed by the State Department of Agriculture. The grader shall also thoroughly mix sufficient harmless red coloring matter with the condemned milk, cream, dairy product or fluid milk to prevent the milk, cream, dairy product or fluid milk from being sold, offered or exposed for sale for human consumption.
(2) As used in this section, the term "unlawful" means:
(a) Milk, cream, fluid milk or dairy product that contains dirt, filth, oil or other foreign matter that may render the milk, cream, fluid milk or dairy product, or dairy products derived from them, unfit for human consumption.
(b) Milk, cream, fluid milk or dairy product that is stale, cheesy, rancid, putrid, decomposed or actively foaming. [1953 c.686 §14; 1999 c.197 §34]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.246

[1953 c.686 §21; 1981 c.897 §72; 1995 c.618 §92; 1999 c.197 §37; renumbered 621.093 in 1999]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.259 - Pasteurization equipment; supervision by licensed pasteurizer operator.

If pasteurization equipment is used by a distributor or producer-distributor or at a dairy products plant, the distributor, producer-distributor or dairy products plant licensee shall ensure that the pasteurization process is under the direct supervision of a pasteurizer operator licensed under ORS 621.266. [Formerly 621.118]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.261 - Regulations regarding equipment used in pasteurization process.

The State Department of Agriculture shall promulgate regulations prescribing the equipment to be used in the pasteurization of dairy products and the manner of cleaning and maintaining the equipment. When the department authorizes the use of heat as a method of pasteurization, it shall prescribe the necessary regulations for the use of recording thermometers or other devices for determining the time and temperature reached during the pasteurization process. [1953 c.686 §17]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.266 - Pasteurizer operator license; rules; fee.

(1) Application for a pasteurizer operator license shall be made to the State Department of Agriculture on forms provided by the department. A license issued or renewed by the department under this section may be restricted so as to authorize the licensee to engage only in a limited line of activity commensurate with the ability of the licensee.
(2) An applicant for original issuance of a license must pass a reasonable written examination, give a practical demonstration of ability to carry out licensee duties and pay the fee required by this section.
(3) A license issued under this section expires on June 30 of each even-numbered year next following the date of its issuance or on such date as may be specified by department rule, and may be renewed upon application of the licensee. Each application for issuance or renewal of a license shall be accompanied by a nonrefundable fee determined by the department.
(4) The fee described in subsection (3) of this section shall be established by the department in accordance with ORS chapter 183 and shall not exceed $50.
(5) Subsections (1) to (3) of this section do not apply to a pasteurizer operator license issued as a lifetime license prior to September 29, 1991. However, in order to maintain a lifetime license in effect, the licensee must submit a registration form to the department by June 30 of each even-numbered year or by such date as may be specified by department rule confirming the desire of the licensee to continue the lifetime license. [1953 c.686 §23; 1963 c.48 §4; 1971 c.773 §10; 1979 c.320 §7; 1991 c.404 §2; 1999 c.197 §39; 2007 c.768 §29]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.276 - Licensees to show knowledge of and ability to comply with changes in laws or regulations.

(1) When any amendment is made in the laws of this state or new regulations are promulgated relating to a change in the grades of milk or the operation of pasteurizing equipment, the State Department of Agriculture may require any person licensed by the department to demonstrate knowledge and familiarity with the amendments or changes and ability to comply with them.
(2) Any person who becomes subject to the provisions of this section has not less than 30 nor more than 60 days to meet the additional requirements. If, at the expiration of 60 days, the person licensed has not demonstrated knowledge and ability in respect to the additional requirements, the applicable license shall be suspended automatically. [1953 c.686 §25; 1979 c.320 §13; 1999 c.197 §40]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.281 - Suspension or revocation of licenses issued under ORS 621.266.

If a person licensed under ORS 621.266 does not fully and faithfully comply with all provisions of ORS 621.122, 621.266 or 621.276 or standards and regulations adopted under ORS 621.181 and 621.261, the license of the person may be revoked, suspended or limited. [1953 c.686 §26; 1999 c.197 §41]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.286

[1953 c.686 §28; 1969 c.152 §1; 1971 c.743 §402; 1971 c.769 §6; 1979 c.320 §17; 1983 c.740 §234; 1999 c.197 §42; 1999 c.937 §6; renumbered 621.122 in 1999]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.297 - Certification of milk and dairy product testing laboratories; fee.

(1) The chief laboratory officer of the State Department of Agriculture may certify milk and dairy industry laboratories or other commercial laboratories capable of analyzing milk and dairy products to perform specified analyses of milk and dairy products. Certification shall be for those tests, analyses and methods specified by the department and may be limited by the department to one or more specific tests, methods or products.
(2) On or before July 1 of each year, a laboratory certified under subsection (1) of this section shall pay a fee established by the department not exceeding $100. [1971 c.769 §9; 1999 c.197 §43]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.300 - Use of Ring Test or Whey Test for brucellosis.

The State Department of Agriculture may approve the use of the Ring Test or the Whey Test as alternatives to blood testing of milk producing animals for brucellosis. [Formerly 621.020]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.311 - Definitions and standards of identity for frozen desserts; rules.

As authorized by ORS 616.230 and 632.900 to 632.935, the State Department of Agriculture shall, by rule, establish definitions and standards of identity for frozen desserts. [1961 c.360 §2 (enacted in lieu of 621.310); 1965 c.45 §2; 1985 c.286 §1; 1999 c.197 §44]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.320 - Labeling requirements for frozen desserts; exemption.

(1) Frozen desserts sold in package form or final delivery containers shall be labeled as required by rule of the State Department of Agriculture. Except as provided under subsection (2) of this section, to the extent that the department considers practicable and applicable in this state, the labeling requirements adopted by rule of the department shall conform to the labeling requirements prescribed under 21 C.F.R. part 101. The department labeling requirements may be changed from time to time as the department considers desirable to conform with alterations or amendments to federal labeling requirements.
(2) Packages and final delivery containers of frozen desserts that are filled in the presence of the purchaser at retail are exempt from the labeling requirements of this section if a sign in boldfaced type not less than three-eighths of an inch high is displayed in plain view of the purchaser and contains all the information otherwise required to be on the label. [Amended by 1953 c.684 §12; 1961 c.360 §3; 1969 c.152 §2; 1979 c.320 §9; 1999 c.197 §45]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.335 - Licenses to make and sell frozen desserts at wholesale; fees; expiration; rules.

(1) A person engaged in the business of freezing or making frozen desserts and then selling those frozen desserts at wholesale must obtain a license to carry on that business from the State Department of Agriculture as provided in this section. The person must obtain a separate license for each wholesale establishment operated by the person.
(2) Upon payment to the department of a license fee of $60, the department may issue a license to any applicant to make or freeze frozen desserts and then sell those frozen desserts at wholesale.
(3) The license shall expire on June 30 next following the date of its issuance or on such date as may be specified by department rule. A license is personal to the applicant and is not transferable. [Amended by 1959 c.343 §2; 1967 c.254 §3; 1983 c.4 §10; 1999 c.197 §45a; 2007 c.768 §30]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.340 - Selling frozen dessert with excessive bacteria count prohibited.

A frozen dessert wholesaler shall not sell, offer for sale or possess with intent to sell a frozen dessert or frozen dessert mix that has an excessive bacteria count as established by rule of the State Department of Agriculture. Frozen desserts in which cultured milk is an ingredient shall not be required to meet any bacteria count standards. [Amended by 1953 c.684 §12; 1969 c.152 §3; 1999 c.197 §46]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.345 - Sale or offering for sale of nonconforming product prohibited.

A person shall not sell or offer for sale any product that the person represents to be a frozen dessert or that simulates or imitates the taste, texture or general composition of a frozen dessert unless the product conforms to the standard of identity for that frozen dessert established by rule of the State Department of Agriculture pursuant to ORS 621.311. [Amended by 1953 c.684 §12; 1999 c.197 §47]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.368 - Revocation of licenses.

The State Department of Agriculture may revoke a license issued pursuant to ORS 621.335 for a violation of ORS 621.340 or 621.345 by the licensee. [1953 c.684 §12; 1999 c.197 §48]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.369 - Possession of frozen dessert or frozen dessert mix as prima facie evidence of intent to sell.

In any proceeding instituted for a violation of ORS 621.340 in which possession with intent to sell a frozen dessert or frozen dessert mix is an issue, possession by the accused of frozen dessert or frozen dessert mix in containers of the size and type commonly used by the accused in selling that product shall be prima facie evidence of intent to sell. [1953 c.684 §12; 1999 c.197 §49]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.405 - Definitions and standards for condensed or evaporated milk.

(1) A person shall not manufacture for sale, possess with the intent to sell, offer or expose for sale or sell any condensed or evaporated milk unless it conforms to the definitions and standards established by the State Department of Agriculture pursuant to subsection (2) of this section.
(2) The department shall establish definitions and standards of identity, quality and fill of container for condensed and evaporated milk. In establishing the definitions and standards the department shall take into consideration:
(a) Definitions and standards established in other states; and
(b) Definitions and standards established by the federal government under the authority of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301, et seq., as amended. [Amended by 1975 c.304 §6; 1999 c.197 §50]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.410 - Requisites of milk used in manufacture of condensed or evaporated milk; vegetable fat prohibited.

(1) A person shall not manufacture for sale, or sell or exchange, or expose or offer for sale or exchange, any condensed or evaporated milk, or any substance containing any milk or milk products and designed or intended to be used or capable of being used for or as a substitute for condensed or evaporated milk, if the milk used in the manufacture thereof is unlawful as defined under ORS 621.226.
(2) A person shall not manufacture for sale, or sell or expose, or offer for sale or exchange, any condensed or evaporated milk containing any vegetable fat. [Amended by 1999 c.197 §51]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.418 - Standards for imitation milk products; sale of nonstandard imitation milk prohibited.

(1) The State Department of Agriculture shall establish official state standards of quality and identity for imitation milk products in the manner prescribed in ORS 632.900 to 632.935.
(2) In establishing standards of quality and identity for imitation milk products, the department shall consider, in addition to other factors:
(a) The composition and purity of the product ingredients;
(b) The nutritional value of the fats, nonfat solids, vitamins, minerals or other ingredients affecting the food value of the product; and
(c) The degree of sanitation maintained for buildings, equipment and personnel involved in the production, processing and distribution of the product.
(3) A person shall not sell or offer for sale an imitation milk product that does not conform to a standard of quality and identity established by the department. [1969 c.149 §§3,4; 1999 c.197 §52; 2003 c.14 §373]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.435 - Substitute or imitation dairy products; use of words or pictures indicating product to be genuine; exception.

(1) A person engaged in manufacturing, selling, offering for sale, advertising or otherwise dealing in any product used or intended for use as a substitute for or imitation of a dairy product or fluid milk shall not use a trade or corporate name or product name, description, label, package, container, advertising matter or sales literature employing the terms "milk," "butter," "cream," "creamery," "churn," "cheese," "cow" or "dairy" except in connection with imitation milk products.
(2) A person described in subsection (1) of this section shall not use any pictorial or other representations resembling a dairy product or fluid milk in or on the labels, packages, containers, advertising matter or literature of a substitute or imitation product described in subsection (1) of this section in a manner suggesting that the product is made of milk.
(3) This section does not forbid a true statement concerning the ingredients or composition of a product if the statement is not misleading or in any way deceptive.
(4) Subsections (1) and (2) of this section do not apply to products manufactured in this state for the purpose of shipping out of the state and not offered for sale in this state. [Amended by 1963 c.165 §7; 1999 c.197 §53]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.445 - Restrictions on serving colored butter substitute in public eating place.

(1) In any public eating place serving meals for compensation at which a butter substitute colored to imitate butter is served, the owner or manager shall cause the butter substitute to be served:
(a) In triangular pats or triangular bricks; or
(b) On a parchment paper that is clearly marked or labeled with the words "margarine" or "butter substitute."
(2) The administration and enforcement of this section is vested in the State Department of Agriculture. [Amended by 1999 c.197 §54]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.720 - Testing for milk fat content required.

The State Department of Agriculture shall establish and maintain procedures, systems and plans to carry out and enforce the intent and purposes of ORS 621.730, 621.740 and 621.750. The department shall make department laboratory facilities, equipment, materials and services available to producers and other persons engaged in the milk industry for the official testing, retesting or duplicate testing of milk for milk fat content by means of the "Babcock Test" or any equally accurate and efficient test approved by the department. [1965 c.474 §2; 1999 c.197 §57]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.730 - Department to provide testing; contracts of purchase not to be terminated; testing fees.

(1) Within the availability of funds to be collected under ORS 621.740, the State Department of Agriculture shall maintain laboratory facilities and purchase necessary equipment and materials to carry out this section and ORS 621.720, 621.740 and 621.750.
(2) Any producer or other person engaged in the milk industry is authorized to request the department to provide and furnish official testing, retesting or duplicate testing of milk.
(3) A milk handler, dealer, licensee or purchaser of milk shall not terminate or threaten to terminate the purchase of milk from a producer or seller, or take or threaten to take other retaliatory action against a producer or seller of milk, because the producer or seller has exercised rights and privileges as authorized in this section. In addition to any action the department is authorized to take against any person taking retaliatory steps or procedures, the producer or seller of milk may also maintain an action for damages against the same person. The prevailing party in the action shall be entitled to reasonable attorney fees at trial and on appeal.
(4) The department may establish reasonable fees for enforcing and carrying out this section and ORS 621.720, 621.740 and 621.750, in amounts necessary to reimburse the department for the furnishing of services and materials as required thereunder. [1965 c.474 §3; 1979 c.499 §24; 1981 c.897 §73; 1999 c.197 §58]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.740 - Liability for payment of fees.

(1) The producer or person requesting official testing and related testing services from the State Department of Agriculture, as authorized under ORS 621.730 and 621.750 shall pay the fees established under ORS 621.730 as provided by rule of the department.
(2) If the producer or person requesting the services is selling milk to a first handler, distributor, producer-distributor or dairy products plant licensee, the department may forward an itemized statement for services rendered to the person requesting the services and also to the first handler, distributor, producer-distributor or licensee. The first handler, distributor, producer-distributor or licensee shall pay the itemized amount to the department and shall deduct that amount from the amount paid to the producer or other person selling milk. Any first handler, distributor, producer-distributor or licensee who refuses to make the deduction shall pay the itemized amount to the department.
(3) Subsection (2) of this section does not relieve the producer or person requesting the services from being primarily responsible for payment to the department. The department may take all actions necessary to collect the amount due against the producer or person requesting the services. [1965 c.474 §4; 1999 c.197 §59; 2013 c.85 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.750 - Sampling and testing; payment adjustments; rules.

(1) The State Department of Agriculture shall promulgate rules including but not limited to rules providing that any producer may request the department to make an official milk fat content test of the milk the producer is selling to a dealer, milk handler or purchaser of milk. Official sample test periods used by the department shall correspond to the testing periods used by the dealer, handler or purchaser. At the time that the grader samples the milk, each sample shall be split. One portion of the split sample shall be placed in a separate container furnished and approved by the department. The container shall be sealed as required by the department and signed or initialed by both the producer and the grader. The split sample shall be forwarded by the dealer, handler or purchaser to the department at the expense of the producer and as prescribed by rules of the department. The department shall combine the samples for the period involved and make the official test requested of the composite group of samples. The department shall forward a copy of the test to the producer and a copy shall be mailed to the dealer, handler or purchaser submitting the sample. If the 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, within the time prescribed by the department the dealer, handler or purchaser shall adjust and make proper payments to the producer based upon the official tests made by the department.
(2) The department shall make official testing for milk fat similar to the testing described in subsection (1) of this section available to any other person subject to this chapter. [1965 c.474 §5; 1999 c.197 §60; 2013 c.85 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.991 - Criminal penalty.

Violation of any provision 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, 621.207, 621.226, 621.259, 621.335, 621.340, 621.345, 621.418, 621.445 or 621.730 or any rule or standard adopted under ORS 621.060, 621.083, 621.096, 621.224 or 621.261, or failure to pay a fee assessed under ORS 621.166, is a Class A misdemeanor. [1999 c.197 §5; 2011 c.597 §253]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 621 - Milk; Dairy Products; Substitutes › Section 621.995 - Civil penalties; rules; hearing; disposition of moneys.

(1) In addition to any penalty available under ORS 561.190 or 621.991, the State Department of Agriculture may impose a civil penalty for 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, 621.207, 621.226, 621.259, 621.335, 621.340, 621.345, 621.418, 621.445 or 621.730 or of rules, regulations or standards adopted under ORS 621.060, 621.083, 621.096, 621.224 or 621.261. 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 §16]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.010 - Definitions.

As used in this chapter:
(1) "Dealer" means every person or peddler engaged in the business of growing, harvesting, processing or distributing shellfish for human consumption.
(2) "Department" means the State Department of Agriculture.
(3) "Peddler" means every person who on the person’s own behalf or as the agent of another goes from place to place, or house to house, carrying or offering shellfish for sale.
(4) "Person" includes city, county and state as well as those included within the definition of person in ORS 174.100.
(5) "Shellfish" means:
(a) All edible species of oysters, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.
(b) All edible species of clams, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.
(c) All edible species of mussels, either shucked or in the shell, fresh or frozen, whole or in part and intended for human consumption.
(d) All edible species of scallops, either shucked or in the shell, fresh or frozen, whole or in part, except when the final product is the shucked adductor muscle only, and intended for human consumption. [1955 c.331 §1; 1969 c.283 §1; 1973 c.508 §1; 1993 c.720 §6; 1995 c.25 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.015 - Shellfish policy.

(1) The Legislative Assembly finds and declares that it is the policy of the State of Oregon to seek opportunities to:
(a) Enhance and expand cultivated shellfish production;
(b) Conserve, protect and restore wild populations of native shellfish; and
(c) Improve water quality and the health of aquatic and marine habitats.
(2) In furtherance of the policy declared by this section, it is the intent of the Legislative Assembly that the state develop and adopt a shellfish initiative to prioritize and implement strategies for achieving protection of native shellfish and the enhancement of shellfish production. [2015 c.814 §1]
Note:
622.015 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 622 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.030 - Exemptions.

This chapter shall not affect the following:
(1) Retail stores selling to the ultimate consumer.
(2) Operations subject to ORS chapters 616, 619, 621, 625, ORS 624.010 to 624.121, 632.275 to 632.290, 632.450 to 632.490 and 632.900 to 632.985 and to the rules pursuant thereto.
(3) Out-of-state dealers operating under a state shellfish program indorsed by the United States Public Health Service. [1955 c.331 §6; 1957 c.66 §1; 1969 c.283 §2; 1973 c.508 §1a; 1983 c.160 §5; 1995 c.206 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.040 - Certificate required for each area of operation.

A certificate of shellfish sanitation shall specify the area of operation to which it applies. A separate certificate validated for each area of operation as defined by ORS 622.080 and the State Department of Agriculture rules made under this chapter is required. [1955 c.331 §7(3); 1973 c.508 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.050 - Application for certificate; inspections; expiration and renewal; rules.

(1) A dealer shall make application to the State Department of Agriculture for a certificate or certificates of shellfish sanitation. The application shall be accompanied by the required fee or fees.
(2) The department shall issue the initial certificate or certificates of shellfish sanitation, if on inspection the department finds that the dealer has complied with all the provisions of this chapter and the rules of the department under this chapter.
(3) Every certificate of shellfish sanitation shall expire on December 31 following the date of issue or on such date as may be specified by department rule. Any certificate of shellfish sanitation may be renewed on payment of the required fee. Inspection is not a condition precedent for renewal, but an inspection shall be made at some time within the renewal year. [1955 c.331 §7(1),(2),(4); 1973 c.508 §4; 2007 c.768 §31]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.065 - Denial, suspension and revocation of certificate; procedure.

(1) The State Department of Agriculture may suspend, deny or revoke any certificate of shellfish sanitation issued under this section for violation of any applicable provisions of ORS 622.010 to 622.180 or any rule promulgated under ORS 622.180.
(2) Procedures for denial, revocation or suspension of a certificate shall be as provided in ORS chapter 183. [1973 c.508 §6 (enacted in lieu of 622.060 and 622.070)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.080 - Certificate fees; rules.

(1) Persons engaged in the growing, production, harvesting or distribution of shellfish who receive from such operations not more than $50,000 in annual gross income shall pay annual fees to the State Department of Agriculture. The department shall establish the amount of the annual fees by rule, not to exceed:
(a) $300 for a certificate of shellfish sanitation as a shucker-packer, for a person operating a shellfish shucking, packing or repacking plant for the distribution of shellfish.
(b) $200 for a certificate of shellfish sanitation as a grower, for a person engaged in the business of growing shellfish.
(c) $200 for a certificate of shellfish sanitation as a distributor, for any jobber or wholesaler who furnishes or sells shellfish to retail outlets.
(d) $250 for a certificate of shellfish sanitation as a commercial harvester, for any person harvesting clams or mussels for commercial purposes.
(2) Persons engaged in the growing, production, harvesting or distribution of shellfish who receive from such operations more than $50,000 but not more than $500,000 in annual gross income shall pay annual fees to the department. The department shall establish the amount of the annual fees by rule, not to exceed:
(a) $600 for a certificate of shellfish sanitation as a shucker-packer, for a person operating a shellfish shucking, packing or repacking plant for the distribution of shellfish.
(b) $400 for a certificate of shellfish sanitation as a grower, for a person engaged in the business of growing shellfish.
(c) $450 for a certificate of shellfish sanitation as a distributor, for any jobber or wholesaler who furnishes or sells shellfish to retail outlets.
(d) $250 for a certificate of shellfish sanitation as a commercial harvester, for any person harvesting clams or mussels for commercial purposes.
(3) Persons engaged in the growing, production, harvesting or distribution of shellfish who receive from such operations more than $500,000 in annual gross income shall pay annual fees to the department. The department shall establish the amount of the annual fees by rule, not to exceed:
(a) $1,200 for a certificate of shellfish sanitation as a shucker-packer, for a person operating a shellfish shucking, packing or repacking plant for the distribution of shellfish.
(b) $800 for a certificate of shellfish sanitation as a grower, for a person engaged in the business of growing shellfish.
(c) $900 for a certificate of shellfish sanitation as a distributor, for any jobber or wholesaler who furnishes or sells shellfish to retail outlets.
(d) $250 for a certificate of shellfish sanitation as a commercial harvester, for any person harvesting clams or mussels for commercial purposes. [1955 c.331 §8; 1969 c.283 §3; 1973 c.508 §7; 1979 c.696 §10; 1993 c.720 §4; 2007 c.71 §188; 2011 c.323 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.090 - Disposition of fees.

The moneys received under ORS 622.050 shall be paid into the State Treasury and placed to the credit of the Department of Agriculture Service Fund. Such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 622.010 to 622.180. ORS 291.238 does not apply to the expenditure of such moneys. [1955 c.331 §7(1); 1973 c.427 §12; 1993 c.720 §5]