reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0320 - Summary of Oregon Standards for Quality of Individual Shell Eggs

Current through Register Vol. 63, No. 7, July 1, 2024
Specifications for each quality factor are those set forth in
Table 1
.
The Table referenced in this rule is not printed in the OAR
				  Compilation. Copies are available from the Department of
				  Argriculture.
Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0325 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These grades
			 are applicable to edible shell eggs in "lot" quantities rather than on an
			 "individual" egg basis. A lot may contain any quantity of two or more eggs.
			 Reference in these standards to the term "case" means 30 dozen egg cases as
			 used in commercial practices in Oregon. The size of the sample used to
			 determine grade shall be on the basis of the requirements as set out in
Table 2
. For each additional 50 cases, or fraction thereof, in
			 excess of 600 cases, one additional case shall be included in the sample. A
			 minimum of 100 eggs per sample case shall be examined. For lots which consist
			 of less than one case, 50 eggs shall be examined and, in instances when there
			 are less than 50 eggs in a lot, all eggs shall be examined.
(2) Terms used in this section that are
			 defined in the Oregon standards for quality of individual shell eggs have the
			 same meaning in this section as in those standards.
(3) Aggregate tolerances are permitted within
			 each consumer grade only as an allowance for variable efficiency and
			 interpretation of graders, normal changes under favorable conditions during
			 reasonable periods between grading and inspection, and reasonable variation of
			 graders' interpretation.
(4)
			 Substitution of higher qualities for the lower qualities specified is
			 permitted.
(5) The percentage
			 requirements for grades as set forth in OAR 603-022-0330 and 603-022-0335 are
			 applicable except that interior quality factors shall be determined in
			 accordance with the definitions of OAR 603-022-0310(8), (9), and (10) when the
			 lot is labeled.
Tables referenced in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0330 - Oregon Consumer Grades for Shell Eggs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At origin:
(a) Oregon Consumer Grade AA, or U.S.
			 Consumer Grade AA (at origin), shall consist of eggs which are at least 87
			 percent AA quality. The maximum tolerance of 13 percent which may be below AA
			 quality may consist of A or B quality in any combination, except that within
			 the tolerance for B quality not more than one percent may be B quality due to
			 air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in
			 diameter), or serious yolk defects. Not more than 5 percent (seven percent for
			 Jumbo size) Checks are permitted and not more than 0.50 percent Leakers,
			 Dirties or Loss (due to meat or blood spots) in any combination, except that
			 such Loss may not exceed 0.30 percent. Other types of Loss are not
			 permitted.
(b) Oregon Consumer
			 Grade A, or U.S. Consumer Grade A (at origin), shall consist of eggs which are
			 at least 87 percent A quality or better. Within the maximum tolerance of 13
			 percent which may be below A quality, not more than one percent may be B
			 quality due to air cells over 3/8 inch, blood spots (aggregating not more than
			 1/8 inch in diameter), or serious yolk defects. Not more than five percent
			 (seven percent for Jumbo size) Checks are permitted and not more than 0.50
			 percent Leakers, Dirties, or Loss (due to meat or blood spots) in any
			 combination, except that such Loss may not exceed 0.30 percent. Other types of
			 Loss are not permitted.
(c) Oregon
			 Consumer Grade B, or U.S. Consumer Grade B (at origin), shall consist of eggs
			 which are at least 90 percent B quality or better, not more than ten percent
			 may be Checks and not more than 0.50 percent Leakers, Dirties, or Loss (due to
			 meat or blood spots) in any combination, except that such Loss may not exceed
			 0.30 percent. Other types of Loss are not permitted.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0335 - Summary of Grade Tolerances

Current through Register Vol. 63, No. 7, July 1, 2024
The Summary of Oregon Consumer Grades for Shell Eggs, and
				Tolerances for Individual Case Within a Lot, are set forth in
Tables 3
and
4
.
Tables referenced are available from the
				  agency.
Stat. Auth.: ORS 561 & ORS 632
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0340 - Weight Classes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The weight
			 classes for Oregon Consumer Grades for Shell Eggs shall be as indicated in
Table 5
and shall apply to all consumer grades.
(2) A lot average tolerance of 3.3 percent
			 for individual eggs in the next lower weight class is permitted as long as no
			 individual case within the lot exceeds five percent.
Tables referenced are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0345 - Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
Each egg container or subcontainer shall be plainly marked in
				boldface type letters which are in contrast with background color with:
(1) The name and address of the producer,
			 wholesaler, or retailer by or for whom the eggs were packed; Oregon plant
			 number or USDA plant number, marking required by ORS
			 616.800 et seq., and the full,
			 correct, and unabbreviated designation of the grade and size in accordance with
			 the provisions of ORS Chapter 632 and OAR 603-022-0305 and
			 603-022-0340.
(2) Grade and size
			 marking shall appear on the outside top face of containers holding less than 15
			 dozen in lettering of not less than 1/4 of an inch in height.
(3) Grade and size marking shall appear on
			 the end of container holding 15 dozen or more eggs in lettering of not less
			 than 1/2 of an inch in height.
(4)
			 Description and type of marking required by ORS
			 616.800 et seq., shall be
			 approved by and placed on file with the Department.
(5) All labeling requirements of this
			 section, with exception of sections (2) and (3) of this rule relating to grade
			 and size labeling, shall appear prominently on the container with the exception
			 of the marking required by ORS
			 616.800 et seq., which may
			 appear on the end or back of the container.
(6) There shall be no abbreviation of correct
			 grade and size designation on signs required by ORS Chapter 632 to be on bulk
			 containers of eggs being held or offered for sale.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0350 - Advertisements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person shall
			 in any manner advertise the price of any eggs for sale at retail without
			 including in the advertisement a prominent statement of the correct grade and
			 size of such eggs according to the grades and standards prescribed by this
			 order.
(2) No eggs other than grade
			 AA or A shall be sold, offered for sale, or advertised for sale in any manner
			 as "fresh eggs," "ranch eggs," "farm eggs," or to represent the same to be
			 fresh.
(3) The provisions of
			 section (1) and (2) of this rule do not apply to a producer selling ungraded
			 eggs of his own production on the premises where such eggs are
			 produced.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0400 - Egg handler license exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the person holds a permit issued under ORS
				632.730, a person may not sell
				or distribute within this state any eggs to consumers or to retailers without
				having first obtained an egg handler's license from the State Department of
				Agriculture. The license is not required:
(1) Of a producer selling and delivering eggs
			 of the producer's own production directly to an individual consumer;
(2) For the sale of uncandled eggs to other
			 than a consumer; or
(3) For the
			 sale by a retailer to a consumer of eggs that previously have been candled and
			 graded by an egg handler in compliance with ORS
			 632.705 to
			 632.815.
(4) For the sale on consignment under ORS
			 616.683(3)(d)
			 of eggs produced by a licensed egg handler.
Statutory/Other Authority: ORS 561, 616 &632
Statutes/Other Implemented: ORS
				  616.683, ORS
				  632.715
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0500 - Candling and Grading Room

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Size
			 and location. A separate room shall be provided of adequate size and location
			 to accommodate in a sanitary manner the equipment and volume of eggs being
			 candled and graded for human consumption as shell eggs.
(2) Floor:
(a) Floor shall be constructed of washable
			 materials, tight, reasonably smooth, and in good repair;
(b) Floor drains shall be provided where
			 floors are subjected to flood type cleaning or where normal operations release
			 or discharge water or liquid wastes on floor;
(c) Floor shall be kept clean.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0505 - Toilet Room and Waste Disposal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The toilet room shall be conveniently
			 located and constructed and plumbed to comply with Oregon State Health Division
			 requirements. The toilet room shall not open directly into the candling and
			 grading room.
(2) Toilet room,
			 dressing room, and fixtures shall be kept in a clean condition, in good repair,
			 and shall be well ventilated and lighted.
(3) Toilet room shall be also equipped with
			 handwashing facilities including soap and sanitary towels. No person or
			 employee shall resume work after going to the toilet without first washing his
			 hands.
(4) A sanitary covered waste
			 disposal container shall be provided where needed.
(5) Sewage and other liquid wastes disposal
			 system shall comply with Oregon State Health Division requirements.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0510 - Supply Area

Current through Register Vol. 63, No. 7, July 1, 2024
A room or storage space area shall be provided for empty egg
				cartons, fillers, flats, cases, and other supplies used in the grading,
				packing, and storage of eggs. The storage area shall be kept clean, in good
				repair, and free of contaminating substances or products.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0515 - Holding or Cold Room

Current through Register Vol. 63, No. 7, July 1, 2024
Graded and ungraded eggs and shall be stored in a manner to
				that they prevent cross-contamination and shall be kept clean, free of mold and
				objectionable odors, and properly lighted. The room shall be so constructed and
				equipped so that a temperature not to exceed 45 degrees F. can be
				maintained.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0520 - Water Supply

Current through Register Vol. 63, No. 7, July 1, 2024
Water under pressure shall be available to grading and candling
				area or room for cleaning purposes. Such water shall be from a supply properly
				located, protected, and operated, and shall be easily accessible, adequate, and
				of a safe, sanitary quality.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0525 - Cleaning Eggs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Equipment and
			 facilities shall be provided where necessary for cleaning eggs.
(2) Eggs may be dry cleaned or washed. If
			 eggs are dry cleaned, the equipment shall be of a sanitary type, and kept clean
			 and in good repair.
(3) The washing
			 solution shall be changed with sufficient frequency to maintain it in
			 reasonably clean condition.
(4)
			 Temperature of the wash water shall be at least 20°F higher than the
			 temperature of the eggs being washed.
(5) Cloth or wash rags shall not be used for
			 cleaning eggs unless they are of a sanitary single service type. Single service
			 paper toweling may be used.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0530 - Sanitizing Cleaned Eggs

Current through Register Vol. 63, No. 7, July 1, 2024
All washed eggs shall be spray-rinsed with water containing an
				approved type sanitizing agent.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0535 - Candling and Grading Eggs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eggs
			 shall be candled and graded in accordance with the provisions of OAR
			 603-022-0300 through 603-022-0350 relating to egg quality and size grade
			 standards and tolerances.
(2) A
			 producer may sell candled eggs using the designation "ungraded" instead of
			 designating the size and grade or quality of the eggs if:
(a) The producer:
(A) Sells eggs of the producer's own
			 production directly to consumers; or
(B) Sells eggs of the producer's own
			 production by consignment under ORS
			 616.683(3)(d).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0540 - Packaging and Labeling Eggs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Only clean fillers, flats, subcontainers, and containers shall be used for
			 packaging eggs.
(2) Containers and
			 subcontainers shall be labeled in accordance with the requirements of OAR
			 603-022-0345.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0545 - Protection from Contamination

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Employees handling cleaned eggs shall keep hands clean.
(2) Sanitary metal containers shall be
			 provided at candling station for disposal of leakers and inedible eggs. Such
			 container shall be emptied at least daily, washed and sanitized prior to
			 usage.
(3) Insecticides and
			 rodenticides used shall be of an approved type, stored in a safe place, and
			 used as directed.
(4) If eggs are
			 oil treated, the oil used shall be clean, free of off odors, and protected from
			 contamination.
(5) The entrance or
			 harboring of all vermin including domestic pets shall be prevented insofar as
			 practicable to the room and areas used for grading, storage of supplies, and
			 eggs.
(6) All floors, candling, and
			 grading equipment shall be thoroughly cleaned after each day's use or more
			 frequently if necessary.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0600 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-022-0600 through 603-022-0710.
(1) "Department" means the State Department
			 of Agriculture.
(2) "Egg Meats" or
			 "Egg Products" means the white, yolk, or any part of eggs, in liquid, frozen,
			 dried, or any other form, used, intended, or held for use in the preparation
			 of, or to be a part of or mixed with, food or food products for human
			 consumption.
(3) "Eggs" means eggs
			 in the shell from chickens, turkeys, ducks, geese, or any other specie of
			 fowl.
(4) "Egg Products Plant" or
			 "Egg Breaking Plant" means any place or establishment where eggs or egg
			 products are broken, processed, pasteurized, packaged, or prepared for
			 distribution in liquid, frozen, or dried condition.
(5) The term "Pasteurization," "Pasteurized,"
			 or similar terms denoting pasteurization shall be taken to refer to heating
			 every particle of egg or egg products to such temperature and holding at such
			 temperature for a period of time sufficient for the purpose of rendering the
			 eggs or egg products free of salmonella or other pathogenic micro-organisms in
			 properly operated equipment as shall be approved by the Department; provided,
			 that nothing contained in this definition shall be construed as disbarring any
			 other process which has been demonstrated to be equally efficient and is
			 approved by the Department.
(6)
			 "Sanitize" or "Sanitizing" means to subject to a germicidal agent or
			 bactericidal treatment process approved by the Department.
(7) "Stabilization" means the subjection of
			 any egg product to a de-sugaring process.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0605 - Plant Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The sanitation standards for egg candling and grading
				facilities and establishments shall be those established in OAR 603-025-0020
				and by the USDA Egg Products Inspection Act,
				21 U.S.C.
				1031,
et
				seq
.
Stat. Auth.: ORS
				  561.190 & ORS
				  632.811
Stats. Implemented: ORS
				  632.811
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0900 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Department of Agriculture Food Safety Program
				licenses and inspects all facets of Oregon's food distribution system, except
				restaurants, to ensure food is safe for consumption. Education and technical
				assistance are vital to the prevention, correction, and abatement of food
				safety violations, and are preferred over regulatory action. However,
				regulatory action may be necessary to deter violations of food safety laws and
				rules, to educate persons about the consequences of such violations, and to
				compel compliance with food safety laws for the protection of consumers. The
				Department intends to initiate civil penalty actions when educational measures,
				technical assistance, warning letters, compliance agreements or other remedial
				measures fail to achieve compliance.
Stat. Auth.: ORS
				  561.190,
				  632.995
Stat. Implemented: ORS
				  632.995
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0910 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-022-0920 through 603-022-0930, unless
				otherwise required by the context, the following terms will be construed to
				mean:
(1) "Department" means the
			 Oregon Department of Agriculture.
(2) "Federal Act" has the meaning in ORS
			 632.705(12).
(3) "Interference" means hindering or
			 impeding an activity or process, which includes, but is not limited to any
			 harassment, unreasonable delay, threat, concealment, deceit, or
			 obstruction.
(4) "Major," with
			 respect to violations, means an incident, or series of incidents that cause a
			 reasonable probability that serious adverse health consequences or death will
			 occur.
(5) "Minor," with respect to
			 violations, means an incident, or series of incidents that are not likely to
			 cause adverse health consequences.
(6) "Moderate," with respect to violations,
			 means an incident, or series of incidents that may cause temporary or medically
			 reversible adverse health consequences, or where the probability of serious
			 adverse health consequences is remote.
(7) "Repeat violation" means the recurrence
			 of the same violation for each 24-hour period after a notice of noncompliance
			 or assessment of civil penalty was issued within the preceding three years. It
			 does not include a violation if the previous notice is the subject of a pending
			 appeal or if the notice has been withdrawn or successfully appealed.
(8) "Same," with respect to violations, means
			 an identical recurrence, exact repetition, or a continuation of a previous
			 violation.
(9) "Violation" means
			 the failure to comply with any requirement of ORS
			 632.705 to
			 632.815, or any rules adopted
			 thereunder.
Stat. Auth.: ORS
				  561.190,
				  632.995
Stat. Implemented: ORS
				  632.995
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0920 - Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any penalty available under ORS
				561.190,
				632.990, or
				619.993 the Department may
				impose a civil penalty with respective amounts for:
(1) Violation of the licensing requirements
			 of ORS 632.715(1).
			 Penalties:
(a) Minor - $1,000 to
			 $4,000;
(b) Moderate - $4,001 to
			 $7,000; or
(c) Major - $7,001 to
			 $10,000.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-0930 - Penalty factors; procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In imposing a penalty pursuant to the schedule adopted pursuant to ORS
			 632.995, the Department shall
			 consider the following factors, which are listed in prioritized order:
(a) The immediacy and extent to which the
			 violation threatens the public health or safety.
(b) Any prior violations of statutes, rules
			 or orders pertaining to eggs.
(c)
			 The past history of the person incurring a penalty in taking all feasible steps
			 or procedures necessary or appropriate to correct any violation.
(d) The economic and financial conditions of
			 the person incurring the penalty, including any financial gains resulting from
			 the violation.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-1000 - Egg Establishment License Fees and Categories

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in ORS
				632.715, a person may not sell
				or distribute within this state any eggs to consumers or retailers without
				first obtaining a license from the department. As provided in ORS
				632.730, a person may not engage
				in the commercial breaking of eggs for the purpose of recovering therefrom, for
				human food, the whites, yolks or whole egg meats, or any part thereof, without
				first obtaining a license from the department. The annual license fees for egg
				establishments, as provided for in ORS
				632.720 and
				632.730, are as follows:
(1) Egg handler: $30
(2) Egg breaker: $80
Statutory/Other Authority: ORS 561, ORS 616 & ORS
				  632
Statutes/Other Implemented: ORS
				  616.706, OL 2021, Ch. 564, ORS
				  632.720 & ORS
				  632.730
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 22 - EGGS › Section 603-022-1010 - Egg Establishment License Expiration; Operating without a License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) New license
			 payments must be received within 14 calendar days of the department's initial
			 approval inspection. If a new license payment is not received within 14
			 calendar days of the initial approval inspection, the establishment will be
			 considered operating without a license.
(2) Each license shall expire on June 30 next
			 following the date of issuance.
(3)
			 The department will collect a delinquent renewal penalty for any license fee if
			 the licensee fails to renew the license before the 60th calendar day after the
			 license expiration date.
(4) The
			 delinquent renewal penalty shall be 30 percent of the amount of the license
			 fee.
(5) The department will send a
			 notice to all licensees who fail to renew their license by the 30th calendar
			 day after their license expires, that a delinquent renewal penalty will be
			 collected if their license fee is not paid before the 60th calendar day after
			 the license expires.
(6) The
			 department will send a notice to all licensees who have failed to renew their
			 license by the 60th calendar day after their license expires, that a delinquent
			 renewal penalty must be paid in addition to the license fee before the license
			 is renewed.
(7) The department will
			 waive the delinquent renewal penalty if:
(a)
			 The licensee's failure to renew the license prior to the 60th calendar day was
			 caused entirely or in part by a department error or omission; or
(b) The licensee notifies the department in
			 writing prior to the 60th calendar day after the license has expired, that the
			 licensee will not engage in the licensed activity any time during the current
			 license period. However, if the licensee resumes the licensed activity during
			 the current license period, the licensee must pay both the license renewal fee
			 and the delinquent renewal penalty.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0017 - Standards of Identity, Quantity and Labeling Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The weights and
			 measures packaging and labeling requirements for butter, fluid milk and milk
			 products shall be those specified in OAR 603-027-0105, and the weights and
			 measures requirements as to the methods of sale of butter, milk and milk
			 products shall be those specified in OAR 603-027-0206.
(2) Labeling, standards of identity and
			 marking requirements for butter, fluid milk and milk products not provided for
			 under section (1) of this rule, shall be those specified in the Grade "A"
			 Pasteurized Milk Ordinance, 2015 Revision.
(3) Measuring devices used for determining
			 weight by measuring quantity of milk in farm tanks shall be done in accordance
			 with the requirements of OAR chapter 603, division 027, to effectuate the
			 administration of ORS Chapter 618.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 651 & 621
Stats. Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0019 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, unless the context otherwise
				requires:
(1) "Authorized Persons"
			 means persons licensed as a sampler-grader, or a pasteurizer operator under the
			 provisions of ORS chapter 621.
(2)
			 "Certified Laboratory" is an industry or commercial laboratory which has been
			 certified to perform specified analyses of milk and dairy products described in
			 these fluid milk regulations by the Department's chief laboratory officer or
			 his or her official representative. Laboratory certifications may be limited by
			 the Department to one or more specific tests, methods or products.
(3) "Condemned Container" means container
			 deemed by Department as unfit for use because of dirt, rust, open seams, or
			 other conditions that would or may contaminate fluid milk, milk or dairy
			 products, or would otherwise render them unfit for consumption by
			 humans.
(4) "Container" means and
			 includes milk cans, cream cans, farm-milk tanks, milk-tank trucks, pasteurizing
			 vats, cheese vats, butter churns, butter tubs, cheese hoops, and any other
			 receptacle designed for use or used as a container of fluid milk or dairy
			 products.
(5) "Cream" means cream
			 as defined in OAR 603-024-0017(2).
(6) "Dairy Operator" means a person licensed
			 by the Department to conduct one or more of the following activities related to
			 the operation of a milk distributor or dairy products plant. A separate license
			 is required for each of these activities conducted by an individual:
(a) "Sampler-Grader" is a person responsible
			 for the grading of milk received by a milk distributor or dairy products plant,
			 and collecting regulatory samples of raw for pasteurization milk being
			 received.
(b) "HTST Pasteurizer
			 Operator" is a person responsible for the legal pasteurization of milk and/or
			 dairy products utilizing "high temperature short time" (HTST) pasteurization
			 equipment. This includes HHST and UHT pasteurization equipment.
(c) "Vat Pasteurizer Operator" is a person
			 responsible for the legal pasteurization of milk and/or dairy products
			 utilizing vat or batch pasteurization equipment.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0022 - Butter

Current through Register Vol. 63, No. 7, July 1, 2024
"Butter" means the product made by gathering the fat of fresh
				or ripened cream into a mass, which also contains a small portion of other milk
				constituents, with or without salt or a harmless coloring matter. Butter shall
				be clean and nonrancid and shall contain not less that 80 percent of milk
				fat.
Stat. Auth.: ORS 651 & ORS 621
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0026 - Standards for Lactobacillus Acidophilus or Bifido Bacterium Added Milk Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Milk
			 products that have been pasteurized, cooled to a temperature not to exceed 45
			 degrees F., and afterwards inoculated with a pure, concentrated strain of
			 lactobacillus acidophilus or bifido bacterium may be labeled "Milk with
			 Lactobacillus Acidophilus Culture", "Milk with Bifido Bacterium
			 Added".
(2) Lactobacillus
			 acidophilus or bifido bacterium added milk products shall meet the bacterial
			 requirements for fluid milk after pasteurization and prior to
			 inoculation.
(3) After inoculation,
			 the lactobacillus acidophilus or bifido bacterium added milk products shall
			 contain at a minimum 2,000,000 viable lactobacillus acidophilus or bifido
			 bacterium cells per milliliter as measured by the standard plate count, and
			 shall contain not more than 10 coliform per milliliter.
(4) Lactobacillus acidophilus or bifido
			 bacterium added milk products shall be maintained at a temperature of 45
			 degrees F. or less, until delivered to the consumer.
(5) Except for the bacterial count,
			 lactobacillus acidophilus or bifido bacterium added milk products shall meet
			 all other compositional requirements for fluid milk.
(6) All lactobacillus acidophilus or bifido
			 bacterium added milk products shall be labeled as " milk with lactobacillus
			 acidophilus or bifido bacterium culture added".
(7) The method of manufacture and labeling of
			 such fluid milk products containing lactobacillus, acidophilus or bifido
			 bacterium culture shall be approved by the Department before offered for sale
			 to the public.
Stat. Auth.: ORS 651 & ORS 621
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0031 - Standards of Multi-Vitamin Fortified or Multi-Mineral Fortified Milk or Milk Products

Current through Register Vol. 63, No. 7, July 1, 2024
The label of the milk or milk product shall include the
				specific vitamins or minerals added. The label of the milk or milk product
				shall bear the statement "mineral fortified" or similar statement approved by
				the Department. All additives shall be listed in the ingredient
				statement.
Stat. Auth.: ORS 651 & ORS 621
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0035 - Definitions and Standards for Cheeses and Cheese Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions and standards of
			 identity, optional ingredients, and labeling requirements for cottage cheese,
			 cottage cheese/dry curd, lowfat cottage cheese and other cheese and cheese
			 products shall be those specified in OAR 603-024-0017.
(2) Coliform standards for cottage cheese,
			 cottage cheese/dry curd and lowfat cottage cheese shall be determined by
			 computing the number of coliform organisms by the Agar Plate Method upon
			 examination of the last five samples taken on separate days during the sampling
			 period. Compliance with the coliform standard shall be deemed to have been met
			 if the number of coliform organisms do not exceed ten per gram per sample in
			 more than two of the last five samples. No enforcement action is taken if the
			 last sample is within the standard.
(3) The weights and measures packaging and
			 labeling requirements for cheese, cheese products, cottage cheese and all types
			 or varieties of cottage cheese shall be, those specified in OAR 603-027-0105,
			 and the weights and measures requirements as to methods of sale of cheese,
			 cheese products, cottage cheese and all types or varieties of cottage cheese
			 shall be those specified in OAR 603-027-0206.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  561.190, ORS
				  621.060, ORS
				  621.311 & ORS
				  621.405
Stats. Implemented: ORS
				  616.230
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0041 - Standard for Grade A Raw Goat Milk

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Grade A Raw Goat Milk" is fluid milk
			 bottled on a dairy farm and must be produced by a disease-free herd in
			 conformance with all of the sanitation specified in OAR 603-024-0605 to
			 603-024-0641, and 603-024-0211.
(2)
			 As determined in accordance with OAR 603-024-0557 to 603-024-0594 for each
			 sampling period, Raw Goat Milk may not exceed:
(a) 80,000 bacteria count per
			 milliliter;
(b) 10 coliform per
			 milliliter;
(c) Cooling
			 requirements covered in OAR 603-024-0211;
(d) The somatic cell limit in OAR
			 603-024-0592.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0046 - Breed Specific Labeling of Milk and Milk Products

Current through Register Vol. 63, No. 7, July 1, 2024
In order to label milk or milk product "Ayrshire", "Brown
				swiss", "Guernsey", "Holstein", or "Jersey" milk or milk products, the milk or
				the products of the fluid milk must be derived exclusively from the breed of
				cows stated on the label. The individual animals from which the milk is derived
				must be indistinguishable in appearance from a purebred animal of the same
				breed.
Stat. Auth.: ORS 651 & ORS 621
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0051 - Standard for Grade A Raw Milk

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Grade A Raw Milk for Pasteurization" is fluid milk produced by a disease-free
			 herd on a dairy farm in conformance with all the sanitation standards specified
			 in OAR 603-024-0211.
(2) When
			 delivered to the milk plant, all raw milk shall be examined and tested in
			 accordance with OAR 603-024-0557 to 603-024-0594. As specified in OAR
			 603-024-0557 to 603-024-0594, for each sampling period, Grade A Raw Milk for
			 Pasteurization may not exceed:
(a) 80,000
			 bacteria count per milliliter;
(b)
			 Cooling requirements covered in OAR 603-024-0211; and
(c) The somatic cell limit in OAR
			 603-024-0592.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0056 - Standards for Lactose Reduced Milk Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Lactose Reduced Milk Products", are
			 created by adding suitable enzymes to pasteurized milk, lowfat milk or skim
			 milk (nonfat milk) to convert lactose in the product to glucose or galactose,
			 reducing the lactose level in the milk product to less that 30 percent of the
			 normal level.
(2) The product shall
			 be labeled "Lactose Reduced" with the blank being filled in with the name of
			 the appropriate milk product, according to the standards of identity
			 established by the Department for such products.
(3) Adding vitamin A or vitamin D to Lactose
			 Reduced Milk Products is optional. If added, each quart of the milk product
			 shall contain not less than 2,000 I.U. of Vitamin A and 400 I.U. of Vitamin D,
			 within the limits of good manufacturing practices. The product shall be labeled
			 in accordance with OAR 603-024-0017.
Stat. Auth.: ORS 651 & ORS 621
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0061 - Standards for Calcium Added Milk Products

Current through Register Vol. 63, No. 7, July 1, 2024
Milk products may be labeled "Lowfat Milk with Calcium Added",
				or "Nonfat (Skim) Milk with Calcium Added" or "Reduced Fat Milk with Calcium
				Added" if the fluid milk product meets the standard of identity set forth in
				Title 21, CFR, Chapter 1, Part 131.110, and it is fortified with calcium
				carbonate, tricalcium phosphate or other additive approved by the Department,
				to a level of not less than 500 m.g. per eight ounce serving. The milk product
				shall be labeled in accordance with OAR 603-024-0017 and in addition the
				principal display panel shall prominently bear the statement "A dietary
				supplement of calcium".
Stat. Auth.: ORS 651 & ORS 621
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0062 - Sterilized Fluid Milk and Milk Products; Standards of Identity

Current through Register Vol. 63, No. 7, July 1, 2024
The standard of identity for sterilized milk and milk products
				shall be the standards for fluid milk and fluid milk products as set forth in
				OAR 603-024-0017.
Stat. Auth.: ORS 561, ORS 616 & ORS 621
Stats. Implemented: ORS
				  621.060 & ORS
				  621.405
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0080 - Imitation Milk and Imitation Milk Products; Standards of Identity

Current through Register Vol. 63, No. 7, July 1, 2024
The standards of identity for imitation milk and milk products
				shall be the standards for fluid milk and fluid milk products, as set forth in
				OAR 603-024-0017.
Stat. Auth.: ORS 561, ORS 616 & ORS 621
Stats. Implemented: ORS
				  621.418
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0090 - Standard of Quality

Current through Register Vol. 63, No. 7, July 1, 2024
Imitation milk products when sold or offered for sale in the
				final delivery container shall not contain more than 20,000 bacteria per
				milliliter, 10 coliform per milliliter, and the temperature shall not exceed
				45°F
Stat. Auth.: ORS
				  561.190 & ORS
				  621.418
Stats. Implemented: ORS
				  621.418
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0095 - Sanitation Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Sanitation standards for building, equipment, and personnel involved in the
			 manufacture and distribution of the imitation milk products for which a
			 standard of identity has been established in OAR 603-024-0080 shall conform to
			 the same sanitation requirements as established for Grade A pasteurized fluid
			 milk and milk products in OAR 603-024-0211.
(2) Imitation milk products shall be
			 pasteurized in equipment meeting the requirements for milk and dairy products,
			 as set forth in OAR 603-024-0211, including subjecting imitation milk products
			 to the appropriate equivalent pasteurization time and temperature standards set
			 forth therein.
(3) Imitation milk
			 products that are labeled sterilized shall be packaged in hermetically sealed
			 containers and so processed in equipment approved by the Department by heat
			 either before or after sealing so as to prevent spoilage.
Stat. Auth.: ORS 561, ORS 616 & ORS 621
Stats. Implemented: ORS
				  621.418
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0105 - Identifying Condemned Containers

Current through Register Vol. 63, No. 7, July 1, 2024
Containers as defined in OAR 603-024-0019(3) shall only be
				identified when condemned by the Department by attaching a tag thereto printed
				by the Department giving notice of fact of condemnation and reason
				therefor.
Stat. Auth.: ORS 621
Stats. Implemented: ORS
				  621.226
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0110 - Releasing Condemned Container for Use Following Repair

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may lift condemnation and release container for
				use after verifying acceptable repairs have been made.
Stat. Auth.: ORS 621
Stats. Implemented: ORS
				  621.226
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0211 - Adoption of the Grade A Pasteurized Milk Ordinance (PMO) and Related Documents

Current through Register Vol. 63, No. 7, July 1, 2024
On all dairy farms, plants, and transport tankers, the
				standards for building construction, equipment construction, sanitation,
				sampling, pasteurization, transportation and handling of milk and dairy
				products shall be those given in the Grade "A" Pasteurized Milk Ordinance
				(PMO),
2019
Revision. This adoption shall also include the
				following related documents:
(1)
2019
Revision of the Methods of Making Sanitation Ratings
			 (MMSR);
(2)
2019
Revision of Procedures Governing the Cooperative State-Public Health
			 Service/Food and Drug Administration Program of the Conference on Interstate
			 Milk Shipments; and
(3) The
2019
Revision of the Evaluation of Milk Laboratories
			 (EML).
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS
				  621.058
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0234 - License Fees for Mobile Milk Tankers and Dairy Products Plants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As provided in
			 ORS 621.161, a person shall not
			 operate a dairy products plant or mobile milk tanker unless the person has a
			 valid dairy products plant license. A mobile milk tanker with an active current
			 milk tanker license in another state will be considered to meet Oregon's mobile
			 milk tanker licensing requirements.
(2) Pursuant to ORS
			 621.166, the department may
			 adopt rules establishing license fee schedules for dairy products plants,
			 including mobile milk tankers. The department may determine the license fee for
			 a dairy products plant based upon the annual gross dollar volume of sales and
			 services by the applicant within Oregon. The annual license fees for mobile
			 milk tankers and dairy products plants are as follows:
(a) Mobile milk tanker, as defined in ORS
			 621.166(1): $30
			 for each mobile milk tanker, not to exceed $826 for total fleet owned by one
			 entity.
(b) Dairy products plants,
			 as defined in ORS 621.003(4),
			 except those consisting only of mobile milk tankers or other mobile equipment
			 (annual gross dollar volume of sales):
(A) $0
			 - $5,000 - $159
(B) $5,001 -
			 $50,000 - $159
(C) $50,001 -
			 $500,000 - $223
(D) $500,001 -
			 $1,000,000 - $381
(E) $1,000,001 -
			 $5,000,000 - $571
(F) $5,000,001 -
			 $10,000,000 - $759
(G) Greater than
			 $10,000,000 - $950