reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1310 - Record Retention Period

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in sections (2) and (3) of this rule, every record required
			 to be maintained under this rule must be retained for a period of 2 years after
			 December 31 of the year in which the transaction to which the record relates
			 has occurred and for such further period as the Department may require for
			 purposes of any investigation or litigation under Division 29, by written
			 notice to the person required to keep such records under this rule.
(2) Records required to be maintained under
			 OAR 603-029-1300(2)(d) must be retained for one year.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1315 - Access to and Inspection of Records, Facilities and Inventory; Copying and Sampling

Current through Register Vol. 63, No. 7, July 1, 2024
Representatives of the Department afforded access to a business
				specified in OAR 603-029-1300 also must be afforded any necessary facilities
				(other than reproduction equipment) for the examination and copying of records
				and for the examination and sampling of inventory.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1320 - Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (3) of this rule, every person that engages in business in
			 or for commerce, as a meat broker, renderer, or animal food manufacturer, or
			 engages in business in commerce as a wholesaler of any carcasses, or parts or
			 products of the carcasses, or any meat animal, whether intended for human food
			 or other purposes, or engages in business as a public warehouseman storing any
			 such articles in or for commerce, or engages in the business of buying,
			 selling, or transporting in commerce, or importing, any dead, dying, disabled,
			 or diseased meat animal, or parts of the carcasses of any such meat animal that
			 died otherwise than by slaughter, shall register with the Department, giving
			 such information as is required, including the name, and the address of each
			 place of business at which, and all trade names under which he conducts such
			 business, by filing with the Department, a form containing such information
			 within 90 days after the effective date hereof or after such later date as he
			 begins to engage in such business if not engaged therein upon said effective
			 date. All information submitted shall be current and correct. The registration
			 form shall be obtained by calling the Department.
(2) Whenever any change is made in the name
			 of, or address of any place of business at which, or any trade name under which
			 a registrant conducts his business, he shall report such change in writing to
			 the Department within 15 days after making the change.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1325 - Information and Reports Required from State-Inspected Establishment Operators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 operator of each state-inspected establishment shall furnish to Department
			 employees accurate information as to all matters needed by them for making
			 their daily reports of the amount of products prepared or handled in the
			 departments of the establishment to which they are assigned and such reports
			 concerning sanitation, mandatory microbiological testing, and other aspects of
			 the operations of the establishment and the conduct of inspection, as may be
			 required by the Department in special cases.
(2) The operator of each state-inspected
			 establishment shall report quarterly the number of pounds of meat and meat
			 products produced at that establishment. The report shall be made on a form
			 furnished by the Department and shall be submitted to an inspector at the
			 establishment. Each report shall cover a calendar quarter and shall be filed
			 within 15 days after the end of each quarter.
(3) The operator of each state-inspected
			 establishment shall also make such other reports as the Department may from
			 time to time require under Division 29.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1330 - Reports by Consignees of Allegedly Adulterated or Misbranded Products; Sale or Transportation as Violations

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever the consignee of any product which bears an Oregon
				inspection legend refuses to accept delivery of such product on the grounds
				that it is adulterated or misbranded, the consignee shall notify the Department
				of the kind, quantity, source, and present location of the product and the
				respects in which it is alleged to be adulterated or misbranded, and it will be
				a violation of Division 29 for any person to sell or transport, or offer for
				sale or transportation, or receive for transportation, in commerce, any such
				product which is capable of use as human food and is adulterated or misbranded
				at the time of such sale, transportation, offer, or receipt: Provided, however,
				that any such allegedly adulterated or misbranded product may be transported to
				the official establishment from which it had been transported, in accordance
				with OAR 603-029-1430.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1405 - Parcel Post and Ferries Deemed Carriers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this Division 29, the
			 United States parcel post shall be deemed a carrier, and the provisions of this
			 Division 29 relating to transportation by carrier shall apply, so far as they
			 may be applicable, to transportation by parcel post.
(2) For the purposes of this Division 29, the
			 operator of every ferry shall be deemed a carrier, and the provisions of this
			 Division 29 relating to transportation by carrier shall apply to transportation
			 by ferry of any products loaded on a truck or other vehicle, or otherwise moved
			 by such ferry.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1410 - Unmarked Inspected Product Transported Under Official Seal Between State-Inspected Establishments for Further Processing; Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any product
			 which has been inspected and passed may be transported from one state-inspected
			 establishment to another for further processing without each article being
			 marked with the Oregon inspection legend, if it is so transported in a railroad
			 car, motortruck, or other means of conveyance which is sealed by a Department
			 employee with an official seal of the Department prescribed in OAR
			 603-029-0625. Unless 25 percent or more of the contents of each car or other
			 means of conveyance consists of product not marked with the inspection legend,
			 transportation will not be permitted under this section.
(2)
(a)
			 When articles are offered for transportation under section (1) of this rule,
			 the initial carrier shall require, and the shipper shall make in duplicate and
			 deliver to the carrier, one copy of a certificate in the following form: [Form
			 603-029-1410]
(b) When paunches are
			 offered for transportation under this section, the initial carrier shall
			 require, and the shipper shall make in duplicate and deliver to the carrier,
			 one copy of a certificate in duplicate in the form set out in OAR
			 603-029-1410(2), appropriately modified. Certificates in this form or copies
			 thereof need not be forwarded to the Department, but the original of the
			 certificate shall be retained by the carrier and a copy shall be retained by
			 the shipper in accordance with OAR 603-029-1300 to 603-029-1330. If the shipper
			 is also the carrier, he shall nevertheless execute and retain the certificate
			 in accordance with OAR 603-029-1300 to 603-029-1330.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1415 - Shipment of Paunches Between State-Inspected Establishments Under Official Seal; Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
Cattle and sheep paunches which have been made clean and from
				which the mucous membrane has not been removed may be transported from one
				state-inspected establishment to another state-inspected establishment for
				further processing, only under an official seal of the Department as prescribed
				in OAR 603-029-0625(1).
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1425 - Transportation and Other Transactions Concerning Certain Undenatured Lungs or Lung Lobes From State-Inspected Establishments or in Commerce; Provisions and Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Lungs
			 or lung lobes, other than those condemned under OAR 603-029-0470(2), that are
			 prepared at any state-inspected establishment, may be sold, transported,
			 offered for sale or transportation, or received for transportation from the
			 establishment, in commerce or otherwise, without denaturing as prescribed in
			 OAR 603-029-0800 or OAR 603-029-0810: Provided:
(a) The lungs or lung lobes are sold,
			 transported, or offered for sale or transportation to, or received for
			 transportation by: An animal food processing establishment for use in
			 manufacturing animal food; a zoo, mink farm, or other establishment for use as
			 animal food without further processing; a warehouse in the United States for
			 storage and subsequent movement to such a manufacturer or establishment in the
			 United States, or from one warehouse to another for the account of and
			 subsequent movement to such a manufacturer or establishment, or for export, for
			 nonhuman food purposes.
(b) The
			 boxes or other containers used for shipping the undenatured lungs or lung lobes
			 are closed with nylon filament tape, metallic on nonmetallic straps, round
			 wire, or other similar materials that securely effect closure of such
			 containers, and the containers are permanently identified in at least 2-inch (5
			 cm) high lettering with the statement "(Species) Lungs-Not Intended for Human
			 Food." In lieu of securely closing the immediate container with any of the
			 above materials, a 1-inch (2.5 cm) wide bright orange band, imprinted around
			 the length and width of the container may be used.
(c) The name and place of business of the
			 packer or distributor shall be shown on the immediate container of the product.
			 In addition, the country of origin shall be shown on the immediate container of
			 imported lungs or lung lobes.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1430 - Handling of Products Which may Have Become Adulterated or Misbranded; Authorization and Other Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When it is claimed that any inspected and passed product, marked with an Oregon
			 inspection legend, has become adulterated or misbranded after it has been
			 transported from a state-inspected establishment, such product may be
			 transported in commerce to a state-inspected establishment after oral
			 permission is obtained from a Department supervisor. The transportation of the
			 product may be to the state-inspected establishment from which it had been
			 transported or to another state-inspected establishment designated by the
			 person desiring to handle the product. The transportation shall be authorized
			 only for the purpose of officially determining if the product has become
			 adulterated or misbranded and making the appropriate disposition. The
			 supervisor shall make a record of the authorization and such other information
			 which will effectively identify the shipment and shall provide a copy of the
			 record to the inspector at the establishment receiving the product. The shipper
			 shall be furnished a copy of the authorization record upon request.
(2) Upon the arrival of the shipment at the
			 state-inspected establishment, a careful inspection shall be made of the
			 product by a Department inspector, and if it is found that the article is not
			 adulterated, the same may be received into the establishment; but if the
			 article is found to be adulterated, it shall at once be stamped "Oregon
			 inspected and condemned" and disposed of in accordance with OAR 603-029-0800 to
			 603-029-0850, and if it is found to be misbranded, it shall be handled in
			 accordance with OAR 603-029-1105(4): Provided, That when a product is found to
			 be affected with one of the correctable conditions specified in OAR
			 603-029-1105(4), in respect to which rehandling is permitted, it may be
			 transported from the state-inspected establishment to another state-inspected
			 establishment for such rehandling as is necessary to assure that the product is
			 not adulterated or misbranded when finally released. The transportation of such
			 a product from a state-inspected establishment shall be done in a manner
			 prescribed in each specific case by the Department.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1445 - Certificates, Retention by Carrier

Current through Register Vol. 63, No. 7, July 1, 2024
All original certificates delivered to a carrier in accordance
				with this rule shall be filed separate and apart from all its other papers and
				records or identified in such a manner as to be readily checked by Department
				employees. Every certificate required to be maintained under this rule shall be
				retained for a period of 2 years after December 31 of the year in which the
				transaction has occurred.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1450 - Evidence of Proper Certification Required on Waybills; Transfer Bills, etc., for Shipment by Connecting Carrier; Forms of Statement

Current through Register Vol. 63, No. 7, July 1, 2024
All waybills, transfer bills, running slips, conductor's cards,
				or other papers accompanying a shipment in commerce of any product shall have
				embodied therein, stamped thereon, or attached thereto a signed statement which
				shall be evidence to connecting carriers that the proper shipper's certificate,
				as required by OAR 603-029-1410, OAR 603-029-1415, or OAR 603-029-1420, is on
				file with the initial carrier. No connecting carrier shall receive for
				transportation or transport in commerce any product unless the waybill,
				transfer bill, running slip, conductor's card, or other papers accompanying the
				same includes the signed statement in the following form: [Form 603-029-1450]
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1455 - Official Seals; Forms, Use, and Breaking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The official seals required by this rule
			 shall be those prescribed in OAR 603-029-0625.
(2) Except as provided in OAR
			 603-029-1465(2), official seal affixed under this rule shall be affixed or
			 broken only by Department employees, and no person other than a Department
			 employee shall affix, detach, break, change, or tamper with any such seal in
			 any way whatever. Commission of any such acts contrary to this rule is a
			 criminal offense.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1460 - Loading or Unloading Products in Sealed Railroad Cars, Trucks, etc., En Route Prohibited; Exception

Current through Register Vol. 63, No. 7, July 1, 2024
Unloading any product from an officially sealed railroad car,
				truck, or other means of conveyance containing any unmarked product or loading
				any product or any other commodity in the means of conveyance while en-route
				from one state-inspected establishment to another state-inspected establishment
				is not permitted, except that product transported under OAR 603-029-1410 from
				one state-inspected establishment to another for further processing may be
				unloaded and stored in transit at an approved warehouse provided that the
				product is transported to and from such warehouse, and under official seal as
				provided in OAR 603-029-1410 and stored in such rooms at such warehouse.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1465 - Diverting of Shipments, Breaking of Seals, and Reloading by Carrier in Emergency; Reporting to the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Shipments of inspected and passed product that bear the Oregon inspection
			 legend may be diverted from the original destination without a reinspection of
			 the articles, provided the waybills, transfer bills, running slips, conductor's
			 card, or other papers accompanying the shipments are marked, stamped, or have
			 attached thereto signed statements in accordance with OAR
			 603-029-1450.
(2) In case of wreck
			 or similar extraordinary emergency, the Department seals on a railroad car or
			 other means of conveyance containing any inspected and passed product may be
			 broken by the carrier, and if necessary, the articles may be reloaded into
			 another means of conveyance, or the shipment may be diverted from the original
			 destination, without another shipper's certificate; but in all such cases the
			 carrier shall immediately report the facts by telephone or email to the
			 Department. Such report shall include the following information:
(a) Nature of the emergency.
(b) Place where seals were broken.
(c) Original points of shipment and
			 destination.
(d) Number and initial
			 of the original car or truck.
(e)
			 Number and initials of the car or truck into which the articles are
			 reloaded.
(f) New destination of
			 the shipment.
(g) Kind and amount
			 of articles.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1470 - Provisions Inapplicable to Specimens for Laboratory Examination, etc., or to Naturally Inedible Articles

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of this rule do not apply:
(1) To specimens of product sent to or by the
			 Department of Agriculture or divisions thereof in Washington, DC, or elsewhere,
			 for laboratory examination, exhibition purposes, or other official
			 use;
(2) To material released for
			 educational, research and other nonfood purposes, as prescribed in OAR
			 603-029-0840;
(3) To glands and
			 organs for use in preparing pharmaceutical, organotherapeutic, or technical
			 products and not used for human food, as described in OAR
			 603-029-1100(7);
(4) To material or
			 specimens of product for laboratory examination, research, or other nonhuman
			 food purposes, when authorized by the Department, and under conditions
			 prescribed by it in specific cases; and
(5) To articles that are naturally inedible
			 by humans, such as hoofs, horns, and hides in their natural state.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1480 - Means of Conveyance in Which Dead, Dying, Disabled, or Diseased Meat Animal and Parts of Carcasses Thereof Shall be Transported

Current through Register Vol. 63, No. 7, July 1, 2024
All vehicles and other means of conveyance used by persons
				subject to OAR 603-029-1475 for transporting in commerce in Oregon any dead,
				dying, disabled, or diseased meat animal or parts of carcasses of meat animal
				that died otherwise than by slaughter shall be leak-proof and so constructed
				and equipped as to permit thorough cleaning and sanitizing. The means of
				conveyance so used in conveying such meat animal, or parts thereof, shall be
				cleaned and disinfected prior to use in the transportation of any product
				intended for use as human food. The cleaning procedure shall include the
				complete removal from the means of conveyance of any fluid, parts, or product
				of such dead, dying, disabled, or diseased meat animals and the thorough
				application of a disinfectant to the interior surfaces of the cargo space.
				Substances permitted for such use are:
(1) "Liquified phenol" (U.S.P. strength 87
			 percent phenol) in the proportion of at least 6 fluid ounces to 1 gallon of
			 water.
(2) "Cresylic disinfectant"
			 in the proportion of not less than 4 fluid ounces to 1 gallon of water; and
			 such other disinfectants as are approved by the Department in specific cases.
			 The use of "cresylic disinfectant" is permitted subject to the conditions
			 prescribed in
			 9 CFR
			 71.10(b).
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1500 - Opportunity for Presentation of Views Before Report of Criminal Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in subsections (1)(a) through (e) of this rule, before the Department
			 refers any violation of ORS chapter 603 or 619, or rules adopted thereunder,
			 for criminal prosecution, the Department must give reasonable notice to the
			 suspected violator that the Department intends to refer the violation for
			 prosecution and give the suspected violator an opportunity to present the
			 violator's views to the Department with respect to such proceeding.
(a) Notice and opportunity need not be
			 provided if the Department has any reason to believe that providing such notice
			 and opportunity could result in the alteration or destruction of evidence, or
			 where disclosure could result in injury to persons or property.
(b) Notice and opportunity need not be
			 provided if the Department has any reason to believe that providing such notice
			 and opportunity could result in flight of a suspected violator to avoid
			 prosecution.
(c) Notice and
			 opportunity need not be provided if the Department has any reason to believe
			 that providing such notice and opportunity could result in compromising special
			 investigative techniques, such as undercover or other covert
			 operations.
(d) Notice and
			 opportunity need not be provided when the impending criminal referral involves
			 suspicion of bribery and related offenses, or clandestine slaughtering and/or
			 processing operations.
(e) Notice
			 and opportunity need not be provided when the impending referral is part of an
			 investigation involving violations of law other than ORS chapter 603 or 619, or
			 rules adopted thereunder, and the multiple types of violations are jointly
			 referred for prosecution.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1505 - Seizure, Embargo, and Detainment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any meat, meat product, or dead, dying,
			 disabled, or diseased meat animal is subject to seizure, embargo, or detainment
			 as provided in ORS 561.605 to
			 561.630 and this rule if:
(a) It is adulterated, misbranded, or
			 unwholesome and is capable of use as human food; or
(b) It is in any other way in violation of
			 ORS 619.026 to
			 619.066, or any rule adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1510 - Hearing Request Regarding Seizure, Embargo, or Detainment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for a
			 hearing on the propriety of seizure, embargo, or detainment and related matters
			 must be filed with the Department in writing within 10 days of receiving actual
			 notice of such action. The request may be filed either by the owner or the
			 person in possession, but the time limited for filing such request is to be
			 computed from the time the required notice is first received by either of such
			 persons. When the Department receives a request for a hearing, it shall
			 designate the time and place of hearing.
(2) The hearing shall not be held sooner than
			 10 days after the request for a hearing has been received by the Department.
			 However, if the subject matter of the Department's action is perishable goods,
			 or if, in the opinion of the Department, other good and sufficient reason
			 appears, the hearing may, at the request of the owner or person in possession
			 of such goods, be held at an earlier date.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1515 - Conduct of Hearing Regarding Seizure, Embargo, or Detainment; Action by Department Following Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A hearing regarding a seizure, embargo, or detainment shall be conducted by an
			 administrative law judge assigned from the Office of Administrative Hearings
			 established under ORS
			 183.605. The hearing shall be
			 conducted pursuant to the procedures for contested cases under ORS chapter 183
			 and OAR chapter 137, division 3.
(2) If it appears that the meat, meat
			 product, or meat animal is not being stored, sold, kept, offered, or exposed
			 for sale in violation of law, it shall be released to the owner or person in
			 possession. If it appears that all or part of the meat, meat product, or meat
			 animal may be reconditioned or relabeled or segregated in such a way as to
			 comply with state laws, the owner or person in possession may cause it to be
			 reconditioned, relabeled, or segregated at the owner's or person's own expense,
			 after which the Department shall release it. If it appears that all or a part
			 of the meat, meat product, or meat animal may not be reconditioned, relabeled
			 or segregated in such a way as to comply with state laws, that portion which
			 may not be so treated shall be destroyed, unless the owner or person in
			 possession executes and delivers to the Department a good and sufficient bond
			 to the effect that the meat, meat product, or meat animal shall not be sold,
			 disposed of or used contrary to the laws of Oregon and the rules, regulations
			 or orders thereunder promulgated. If any meat, meat product, or meat animal is
			 found to be unfit for human consumption but suitable for animal feeding, it may
			 be used for animal feeding as permitted by the Department.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1520 - Department's Voluntary Termination of Seizure, Embargo, or Detainment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Department voluntarily terminates a seizure, embargo, or detainment, the
			 Department shall:
(a) Orally notify the
			 immediate custodian of the meat, meat product, or meat animal; and
(b) Furnish copies of a Notice of Termination
			 of Seizure, Notice of Termination of Embargo, Notice of Termination of
			 Detainment, or Disposition by Agreement, to the persons notified when the meat,
			 meat product, or meat animal was seized, embargoed, or detained. The notice
			 shall be personally served or shall be mailed via certified mail to such
			 persons at their last known residence or principal office or place of
			 business.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1525 - Action by Department When Hearing Regarding Seizure, Embargo, or Detainment Not Timely Requested, or When Person in Possession Does Not Timely Comply with Department's Order or Perfect an Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the event that the owner or person in
			 possession does not request a hearing on the propriety of a seizure, embargo,
			 or detainment within the time limited for making such request, the Department
			 may summarily destroy or otherwise dispose of the subject matter of the action,
			 or, if the owner or person in possession of such meat, meat product, or meat
			 animal does not within 30 days after the hearing either comply with the orders
			 of the Department as to reconditioning, relabeling or segregating or perfect an
			 appeal to the circuit court, the Department may summarily destroy or otherwise
			 dispose of the subject matter of the action.
(2) If it appears to the Department that
			 there is a reasonable possibility that a meat, meat product, or meat animal is
			 capable of salvage and the owner or person in possession does not seek to
			 regain custody within the time and in the manner provided in ORS
			 561.605 to
			 561.620, the Department may
			 dispose of the meat, meat product, or meat animal so as to obtain such salvage.
			 Any salvage so recovered shall, after paying the costs of sale or disposition
			 and including storage, if any, be remitted to the true owner, if known, or if
			 not known, then to the person in possession. A sale or disposition for salvage
			 shall be upon such conditions as to labeling, reconditioning or segregation as
			 the Department deems necessary to comply with the law relating to such meat,
			 meat product, or meat animal.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1530 - Resolution of Seizure, Embargo, or Detainment by Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
Nothing in ORS
				561.605 to
				561.630 or these Division 29
				rules shall be construed as requiring that a hearing be held in connection with
				the seizure, embargo, or detainment of illegal or suspected meat, meat
				products, or meat animals or as prohibiting the release, destruction or other
				disposition of meat, meat products, or meat animals by agreement between the
				Department and the owner or person in possession.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1535 - Condemnation or Quarantine of Building, Equipment, Vehicle, or Facility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may condemn or quarantine any building, equipment, vehicle, or facility that is
			 part of, or used by, a state-inspected establishment, if the Department
			 determines, by inspection or test, that the building, equipment, vehicle, or
			 facility is in violation of ORS
			 619.026 to
			 619.066 or any rule adopted
			 thereunder. The Department shall:
(a) Notify
			 the owner or person in charge that such building, equipment, vehicle, or
			 facility shall not be used for its intended purpose until the violation is
			 corrected; and
(b) Post a notice
			 upon such building, equipment, vehicle, or facility to the effect that it is
			 condemned or quarantined for further use on account of the
			 violation.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1540 - Hearing Request Regarding Condemnation or Quarantine; Conduct of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request
			 for a hearing on the propriety of a Notice of Condemnation or Notice of
			 Quarantine must be filed with the Department in writing within 20 days of
			 issuance of the notice.
(2) A
			 hearing regarding a Notice of Condemnation or Notice of Quarantine shall be
			 conducted by an administrative law judge assigned from the Office of
			 Administrative Hearings established under ORS
			 183.605. The hearing shall be
			 conducted pursuant to the procedures for contested cases under ORS chapter 183
			 and OAR chapter 137, division 3.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1545 - Department's Voluntary Termination of Condemnation or Quarantine

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Department voluntarily terminates a condemnation or quarantine, the Department
			 shall:
(a) Orally notify the owner or person
			 in possession; and
(b) Furnish
			 copies of a Notice of Termination of Condemnation or Notice of Termination of
			 Quarantine to the persons notified when the Notice of Condemnation or Notice of
			 Quarantine was issued.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1550 - Resolution of Condemnation or Quarantine by Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
Nothing in these Division 29 rules shall be construed as
				requiring that a hearing be held in connection with a Notice of Condemnation or
				Notice of Quarantine, or as prohibiting the resolution of the condemnation or
				quarantine by agreement between the Department and the owner or person in
				possession.
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1555 - Regulatory Control Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may take a regulatory control action because of:
(a) Insanitary conditions or
			 practices;
(b) Meat product
			 adulteration or misbranding;
(c)
			 Conditions that preclude the Department from determining that the meat product
			 is not adulterated or misbranded; or
(d) Inhumane handling or slaughtering of
			 livestock.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1560 - Withholding Action or Suspension Without Prior Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may take a withholding action or impose a suspension without providing the
			 state-inspected establishment prior notification if:
(a) The state-inspected establishment
			 produced and shipped adulterated or misbranded product as defined in
			 21 USC §§
										601-602 or
			 603-029-0010 ;
(b) The state-inspected establishment does
			 not have a HACCP plan as specified in 603-029-2205;
(c) The state-inspected establishment does
			 not have Sanitation Standard Operating Procedures as specified in
			 603-029-2145;
(d) Sanitary
			 conditions are such that products in the state-inspected establishment are or
			 would be rendered adulterated;
(e)
			 The state-inspected establishment violated the terms of a regulatory control
			 action;
(f) A state-inspected
			 establishment operator, officer, employee, or agent assaulted, threatened to
			 assault, intimidated, or interfered with a Department employee; or
(g) The state-inspected establishment did not
			 destroy a condemned meat, meat product, or meat animal that has been found to
			 be adulterated and that has not been reprocessed, in accordance with OAR
			 603-029-0800 to 603-029-0850, within three days of notification.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1565 - Withholding Action or Suspension With Prior Notification

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may take a withholding action or impose a
				suspension after a state-inspected establishment is provided prior notification
				and the opportunity to demonstrate or achieve compliance if:
(1) The HACCP system is inadequate, as
			 specified in 603-029-2225, due to multiple or recurring
			 non-compliances;
(2) The Sanitation
			 Standard Operating Procedures have not been properly implemented or maintained
			 as specified in 603-029-2145 to 603-029-2170;
(3) The state-inspected establishment has not
			 maintained sanitary conditions as prescribed in 603-029-2105 to 603-029-2125
			 due to multiple or recurring non-compliances;
(4) The state-inspected establishment did not
			 collect and analyze samples for Escherichia coli Biotype I and record results
			 in accordance with 603-029-0498(1); or
(5) The state-inspected establishment did not
			 meet the Salmonella performance standard requirements prescribed in
			 603-029-0498(2).
Statutory/Other Authority: ORS
				  603.085, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  619.026 & ORS
				  619.036
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1570 - Procedures for Withholding Actions and Suspensions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Department takes a withholding
			 action or imposes a suspension, the state-inspected establishment shall be
			 notified orally and, as promptly as circumstances permit, in writing. The
			 written Notice of Withholding Action or Notice of Suspension shall:
(a) State the effective date of the
			 action(s);
(b) Describe the reasons
			 for the action(s);
(c) Identify the
			 products or processes affected by the action(s);
(d) Provide the state-inspected establishment
			 an opportunity to present immediate and corrective action and further planned
			 preventive action;
(e) Advise the
			 state-inspected establishment that it may challenge the action by requesting
			 that a supervisor review the propriety of the action; and
(f) Comply with the requirements of ORS
			 183.415.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1575 - Withdrawal of Grant of Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may issue a Notice of
			 Withdrawal of Inspection if:
(a) A
			 state-inspected establishment produced and shipped adulterated
			 product;
(b) A state-inspected
			 establishment did not have or maintain a HACCP plan in accordance with OAR
			 603-029-2200 to 603-029-2230;
(c) A
			 state-inspected establishment did not have or maintain Sanitation Standard
			 Operating Procedures in accordance with OAR 603-029-2170;
(d) A state-inspected establishment did not
			 maintain sanitary conditions;
(e) A
			 state-inspected establishment did not collect and analyze samples for
			 Escherichia coli Biotype I and record results as prescribed in OAR
			 603-029-0498(1);
(f) A
			 state-inspected establishment did not slaughter or handle livestock
			 humanely;
(g) A state-inspected
			 establishment operator, officer, employee, or agent assaulted, threatened to
			 assault, intimidated, or interfered with a Department employee; or
(h) A recipient of inspection or anyone
			 responsibly connected to the recipient is unfit to engage in any business
			 requiring inspection as specified in OAR 603-029-0115(1)
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-1580 - Refusal to Approve Marks, Labels, or Containers; Rescinding Such Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may rescind or refuse approval of false or misleading marks, labels, or sizes
			 or forms of any container for use with any meat product not in accordance with
			 OAR 603-029-1002.
(2) If the
			 Department rescinds or refuses approval of false or misleading marks, labels,
			 or sizes or forms of any container for use with any meat product, the
			 Department shall issue a written notice that:
(a) States the effective date of the
			 action;
(b) Explains the reason for
			 rescinding or refusing the approval;
(c) Provides an opportunity for the
			 state-inspected establishment to modify the marking, labeling, or container so
			 that it will no longer be false or misleading; and
(d) Advises the state-inspected establishment
			 of its opportunity to submit a written statement to respond to the
			 notice;
(e) Complies with the
			 requirements of ORS 183.415.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-2000 - Label Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No final
			 label may be used on any product unless the label has been submitted for
			 approval to the Department, accompanied by an application for Approval of
			 Labels, Marking, and Devices, and approved by the Department, except for
			 generically approved labels authorized for use in OAR 603-029-2010. Such
			 records must be made available to any duly authorized representative of the
			 Department upon request.
(2) All
			 labels required to be submitted for approval as set forth in section (1) of
			 this rule shall be submitted to the Department. A parent company for a
			 corporation may submit only one label application for a product produced in
			 state-inspected establishments that are owned by the corporation.
(3) The Department requires the submission of
			 labeling applications for the following:
(a)
			 Sketch labels as defined in section (4) of this rule for products which are
			 produced under a religious exemption;
(b) Special statements and claims as defined
			 in section (5) of this rule and presented in the context of a final
			 label.
(c) Requests for the
			 temporary use of final labels as prescribed in section (6) of this
			 rule.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-2010 - Approval of Generic Labels

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A state-inspected establishment is
			 authorized to use generically approved labels, as defined in section (2) of
			 this rule, and thus is free to use such labels without submitting them to the
			 Department for approval, provided the label, in accordance with this rule,
			 displays all mandatory features in a prominent manner in compliance with OAR
			 603-029-1000 to 603-029-1058, and is not otherwise false or misleading in any
			 particular.
(b) The Department will
			 select samples of generically approved labels from the records maintained by
			 state-inspected establishments to determine compliance with label requirements.
			 If the Department finds that a state-inspected establishment is using a false
			 or misleading label, it will institute the proceedings prescribed in OAR
			 603-029-0115 to revoke the approval for the label.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 29 - STATE MEAT INSPECTION PROGRAM › Section 603-029-2100 - Sanitation - General Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Each state-inspected establishment must be operated and
				maintained in a manner sufficient to prevent the creation of insanitary
				conditions and to ensure that product is not adulterated.
Statutory/Other Authority: ORS
				  603.085, ORS
				  616.700, ORS
				  619.042 & ORS
				  619.046
Statutes/Other Implemented: ORS
				  619.042, ORS
				  619.046, ORS
				  603.059, ORS
				  619.026 & ORS
				  619.036