reglab/statecodes huggingface dataset:
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 603-024-0235 - New License Payments; Mobile Milk Tanker and Dairy Products Plant 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) If the license fee is $100 or less, the
			 delinquent renewal penalty shall be $30 or the amount of the fee, whichever
			 amount is less.
(5) If the license
			 fee is greater than $100, the delinquent renewal penalty shall be 30 percent of
			 the amount of the license fee.
(6)
			 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.
(7) 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.
(8) 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 603-024-0323 - Testing Procedures and Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
All tests of milk and milk products shall be performed in
				accordance with standards established in Association of Agricultural Chemists
				(AOAC) or the 1992, 16th Edition of Standard Methods for the Examinations of
				Dairy Products, Chapter 5, 6, 10 & 12. Procedures or tests not found in
				AOAC or Standard Methods for the Examination of Dairy Products may only be used
				if approved by the Department.
Publications: Publications referenced are available from the
				  agency.
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 603-024-0379 - Grading Period; Regular and New Producers (non-grade A)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The operator of
			 a milk products plant or licensed grader in each plant, upon receiving the
			 first shipment of milk from a new producer must:
(a) Immediately sample and test such milk for
			 temperature as required under this rule; and
(b) Within 14 days shall sample and subject
			 the milk from such producer to the bacteriological test and the abnormal milk
			 test.
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 603-024-0490 - Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants for
			 dairy operators' licenses shall be:
(a) Able
			 to read and write legibly;
(b) At
			 least 18 years of age;
(c) Free of
			 communicable diseases.
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 603-024-0492 - Examination of Applicant

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Written
			 examination shall include questions relating to:
(a) Knowledge of laws and regulations
			 relating to activity for which the license is desired;
(b) Theory and practice involved in the
			 performance of the licensed activity.
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 603-024-0494 - Examination Grade Required for Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The examination shall have a total of 100
			 possible points, 50 of which shall be on the written examination, and the other
			 50 points on the practical examination.
(2) A total grade of at least 80 out of the
			 100 possible points is required to pass the examination for a dairy operators'
			 lifetime license.
(3) A score of 40
			 or more is required for a passing grade on the written or practical
			 examination.
Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS
				  621.266
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 603-024-0500 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-024-0505 to 603-024-0535:
(1) "Licensed Sampler" means a person holding
			 a valid license issued by the Department under ORS
			 621.072, to collect milk samples
			 and to carry out other authority and duty as set forth by law and
			 regulation.
(2) "Official Test"
			 means milk sampled and tested for its milk fat content, as set forth in OAR
			 603-024-0323.
Stat. Auth.: ORS
				  561.190 & ORS
				  621.750
Stats. Implemented: ORS
				  621.750
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 603-024-0505 - Request for Official Testing

Current through Register Vol. 63, No. 7, July 1, 2024
A request for official testing of milk shall only be made on
				forms furnished by the Department. The request must be received at least five
				days before the beginning date of the test period (test period used by dealer
				or handler) desired to be covered. Any request not received within this period
				shall be considered to be a request for official testing of milk for the next
				test period.
Stat. Auth.: ORS
				  561.190 & ORS
				  621.750
Stats. Implemented: ORS
				  621.750
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 603-024-0510 - Sampling and Testing of Milk; Producers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The sampling and testing procedures to be
			 followed by the Department and other persons affected thereby, shall be in
			 accordance with the requirements and procedures set forth in OAR 603-024-0323,
			 except as otherwise prescribed in OAR 603-024-0500 to 603-024-0535.
(2) In the sampling of milk, at least four
			 ounces of milk shall be drawn by a licensed sampler.
(3) The licensed sampler shall immediately
			 divide (split) such sample with the producer whose milk is being sampled and
			 tested, by placing approximately one-half of the milk in a separate jar
			 containing a preservative tablet furnished by the Department for this specific
			 purpose.
(4) The licensed sampler
			 shall immediately fill out a sample form, furnished by the Department. Such
			 form shall be signed by both the producer and the licensed sampler immediately
			 after the sample is taken.
(5) The
			 sample to be forwarded to the Department shall be placed in the shipping
			 container furnished by the Department. The licensed sampler shall write the
			 sample date, initial, or sign the seal, and then witness the act of the
			 producer also placing his initial or signature thereon, as further provided or
			 required by the Department.
(6) The
			 producer shall, within 24 hours after the sample is taken as prescribed in this
			 rule, mail the container and sample at his own expense, to the
			 Department.
(7) The licensed
			 sampler shall handle and dispose of the handler's or dealer's portion of the
			 milk sampled, as prescribed and required in regulations OAR
			 603-024-0323.
Stat. Auth.: ORS
				  561.190 & ORS
				  621.750
Stats. Implemented: ORS
				  621.750
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 603-024-0515 - Adjustments Resulting From Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the official test performed and
			 carried out by the Department varies by more than one-tenth of one percent from
			 the test made by the dealer, handler, or purchaser, the Department shall
			 forward the results of such test and an order to such dealer, handler, or
			 purchaser and requiring such person to make adjustment or payment for the
			 period during which such official tests were made. (Also refer to applicable
			 law.)
(2) If the test or tests were
			 made for milk sold or delivered by a producer to a dealer, handler, or
			 purchaser, the adjustments or proper payment as ordered by the Department shall
			 be made by the affected dealer, handler, or purchaser to the producer. Such
			 adjustment or proper payment shall be made at the next time that producers are
			 paid for milk delivered, or not less than 20 days after the date of the order,
			 whichever date is the lessor.
Stat. Auth.: ORS
				  561.190 & ORS
				  621.750
Stats. Implemented: ORS
				  621.750
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 603-024-0520 - Additional Instructions and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
It must be recognized that in the implementation of Chapter
				474, Oregon Laws 1965, and the fact that this is a new program, the Department,
				in the promulgation of regulations as set forth in OAR 603-024-0500 to
				603-024-0535, cannot cover all the necessary details or provisions relating
				thereto. The Department, in addition to such rules, reserves the right to
				require other reasonable procedures relating to this program. Included in and
				accompanying the package unit and/or container or containers which will be
				forwarded to a producer for the purpose of placing samples of milk therein and
				mailing the same to the Department, will be further instructions as to the
				required sampling and handling of milk. The producer and the licensed sampler
				shall comply with such instructions.
Stat. Auth.: ORS
				  561.190 & ORS
				  621.750
Stats. Implemented: ORS
				  621.750
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 603-024-0525 - Deduction and/or Payment for Sampling and Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If, as a result of sampling and testing
			 of milk, the Department, under the provisions of subsection (2) of Section 4 of
			 Chapter 474, Oregon Laws 1965, forwards an itemized statement or other similar
			 form covering the cost of sampling and testing, the first handler or licensee
			 who receives such form shall make the deduction from the producer in the manner
			 and at the time set forth in ORS
			 583.046. The first handler or
			 licensee, on forms furnished by the Department for this purpose, shall transmit
			 such amount to the Department as further set forth under ORS
			 583.046 or regulations
			 thereunder.
(2) If there is no
			 first handler or licensee available, the Department, in lieu thereof, or in its
			 option in any other case, shall forward the itemized statement to the person
			 who requested and received the services authorized by Chapter 474, Oregon Laws
			 1965. Payment by such person (due date) shall be made to the Department as
			 required by law, ORS 561.410, and regulations
			 thereunder.
Stat. Auth.: ORS
				  561.190 & ORS
				  621.750
Stats. Implemented: ORS
				  621.750
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 603-024-0530 - Fees for Samples

Current through Register Vol. 63, No. 7, July 1, 2024
A fee of $10 per sample drawn, as provided in OAR 603-024-0510
				or 603-024-0535, is hereby established to be paid to the Department to defray
				the cost thereof.
Stat. Auth.: ORS
				  561.190 & ORS
				  621.750
Stats. Implemented: ORS
				  621.750
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 603-024-0535 - Sampling and Testing of Milk; Other Than for Producers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Special sampling and testing of milk for
			 persons other than producers, as set forth in Chapter 474, Oregon Laws 1965,
			 will be made by the Department at the request of such persons.
(2) The applicable provisions of OAR
			 603-024-0500 to 603-024-0535 apply, except where otherwise specified or set
			 forth by the Department as special procedures and instructions. The payment for
			 such services shall be made by the person requesting the service.
Stat. Auth.: ORS
				  561.190 & ORS
				  621.750
Stats. Implemented: ORS
				  621.750
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 603-024-0543 - Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
All final delivery containers used for the sale of fluid milk
				or any product of fluid milk for which a standard of identity has been
				established shall be plainly labeled and marked as described in OAR
				603-024-0017 and the requirements listed below:
(1) If the contents are raw:
(a) The words "This product has not been
			 pasteurized, may contain disease producing organisms", immediately preceding or
			 following the standard of identity name as set forth in OAR
			 603-024-0019(24);
(b) The wording
			 prescribed in subsection (a) of this section shall be in bold-face type not
			 less than one-fourth (1/4) inch in height; and
(c) The wording prescribed in subsection (a)
			 of this section shall not be obscured either wholly or in part by the open date
			 labeling (pull date) or the price declarations.
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 603-024-0544 - Advertising and Display

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Advertising of fluid milk products shall be deemed to be false if it is false
			 or misleading in any particular;
(2) Advertising of fluid milk products as to
			 price shall include quantity and the standard of identity name set forth in OAR
			 603-024-0017;
(3) Advertising of
			 fluid milk products as to nutritional claims shall include the standard of
			 identity name set forth in OAR 603-024-0017; and
(4) Violation of this section shall be deemed
			 to be false advertising under ORS
			 616.060.
Stat. Auth.: ORS 561, ORS 616 & ORS 621
Stats. Implemented: ORS
				  621.060
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 603-024-0547 - License Fees Relating to Fluid Milk

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS
				621.070, a person shall not use
				any grade designation in any manner connected with the sale of fluid milk
				unless the department has licensed the person to use the grade designation.
				Pursuant to ORS 621.072, the department is
				authorized to issue rules establishing license fee schedules for milk samplers
				and graders; milk haulers; producer-distributors, distributors and
				nonprocessing distributors; and producers. The department may determine license
				fees for producer-distributors, distributors, nonprocessing distributors, and
				producers based on the license applicant's annual gross dollar volume of sales
				and services in Oregon. The annual license fees for the various categories of
				activities relating to fluid milk are as follows:
(1) Sampler-Grader, as defined in OAR
			 603-024-0019(6)(a): $30
(2) Grade A
			 producer-distributor, as defined in ORS
			 621.003(19)
			 (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
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 603-024-0549 - New License Payments; Fluid Milk-Related 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) If the
			 license fee is $100 or less, the delinquent renewal penalty shall be $30 or the
			 amount of the fee, whichever amount is less.
(5) If the license fee is greater than $100,
			 the delinquent renewal penalty shall be 30 percent of the amount of the license
			 fee.
(6) 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.
(7) 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.
(8) 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 603-024-0551 - License Fees for Frozen Dessert Wholesalers

Current through Register Vol. 63, No. 7, July 1, 2024
As provided, in ORS
				621.335, a person engaged in the
				business of freezing or making frozen desserts and then selling those frozen
				desserts at wholesale must obtain a license from the department. The annual
				license fee for a frozen dessert wholesaler, as defined in ORS
				621.003(12), is
				$60.
Statutory/Other Authority: ORS
				  561.190, 616 & 621
Statutes/Other Implemented: ORS
				  621.335
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 603-024-0554 - Laboratory Certification

Current through Register Vol. 63, No. 7, July 1, 2024
Certificate to perform specific tests or analyses on specific
				products shall be issued on receipt of application and $50 fee for the first
				test and $10 each for additional tests and following an approved survey or
				split sampling for such tests. The total fee shall not exceed $100.
				Laboratories must apply for a license with the Department on the specified form
				in order to be certified. A certified laboratory may be limited to a specific
				test, to a specific method, and to specific products by the
				Department.
Stat. Auth.: ORS
				  561.190 & ORS
				  621.072
Stats. Implemented: ORS
				  621.072
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 603-024-0557 - Sampling of Milk and Milk Products

Current through Register Vol. 63, No. 7, July 1, 2024
The sampling and standards for the examination and testing of
				milk and milk products shall be as described in OAR 603-024-0211 and
				603-024-0323.
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 603-024-0572 - Sampling Standard

Current through Register Vol. 63, No. 7, July 1, 2024
Sampling standard means during any consecutive six months the
				collection and examination or testing of at least four samples of milk and milk
				products in at least four separate months. Except that when 3 months show a
				month containing 2 sampling dates separated by at least 20
				days.
Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS
				  621.060 & ORS
				  621.261
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 603-024-0580 - The Collection, Transportation and Analysis of Milk Samples

Current through Register Vol. 63, No. 7, July 1, 2024
Sampling, bacterial plate counts, coliform counts, temperature
				test, phosphatase test, somatic cell tests, and other laboratory tests used in
				the examination of milk and milk products to determine standards of quality
				shall conform to the procedures as contained in the latest edition of
				"
Standard Methods for the Examination of Dairy Products
" published
				by the American Public Health Association or to any other method approved by
				the Department. Such examination may include such other chemical and physical
				analyses as the Department may deem necessary.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS
				  621.060 & ORS
				  621.261
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 603-024-0581 - Standards for Licensed Milk Samplers and Graders

Current through Register Vol. 63, No. 7, July 1, 2024
Tank truck drivers and milk plant personnel licensed to
				officially sample milk from farm bulk milk tanks or producer containers at
				receiving plants shall use the procedures described in OAR
				603-024-0211.
Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS
				  621.060 & ORS
				  621.261
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 603-024-0582 - Bacteria, Coliform, Somatic Cell, and Temperature Test Violations

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever two of the last four consecutive bacteria counts,
				coliform determinations, somatic cell counts, or cooling temperatures, taken on
				separate days, exceed the limit of the standard for the milk or milk product,
				the Department shall send a written notice thereof to the person concerned.
				This notice shall be in effect so long as two of the last four consecutive
				samples exceed the limit of the standard. An additional sample shall be taken
				within twenty-one days of the sending of such notice, but not before the lapse
				of three days. Immediate suspension of grade shall be instituted whenever the
				standard is violated by three of the last five bacteria counts, coliform
				determination, somatic cell counts, or cooling temperatures. No action is taken
				if the last test is within the grade limit. Cultured products are exempt from
				the standard plate count.
Statutory/Other Authority: ORS
				  561.190,
				  621.060 &
				  621.073
Statutes/Other Implemented: ORS
				  621.060 &
				  621.073
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 603-024-0584 - Sediment Test

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If upon
			 examination the Department or grader shall obtain a sediment test which is in
			 excess of a No. 2 sediment standard, the Department shall give the licensee a
			 written notice of such fact. An additional sample shall be taken after an
			 interval of not less than three days and if the test of the additional sample
			 is also in violation of the sediment standard of the licensed grade then held,
			 the licensee shall be given a written notice to suspend the sale, exposure, or
			 offering for sale of such grade of milk for a specified period, or until such
			 time that another test of the milk shall show the sediment content within the
			 standard for the licensed grade.
(2) Milk or cream showing a sediment test in
			 excess of a No. 3 sediment standard is deemed to be unlawful milk and the
			 grader shall immediately affix to the container thereof a condemnation tag,
			 which shall be in such form as the Department may prescribe, and in addition
			 thoroughly mix with that milk such harmless red food coloring matter as will
			 prevent the same from being sold, offered, or exposed for sale for human
			 consumption in accordance with ORS
			 621.085.
Stat. Auth.: ORS
				  561.190, ORS
				  621.060 & ORS
				  621.261
Stats. Implemented: ORS
				  621.060 & ORS
				  621.261
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 603-024-0585 - Suspension Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever the
			 department is presented epidemiological evidence as determined by the Health
			 Division of the Department of Human Resources which indicates that raw milk
			 from a licensed raw milk producer-distributor is the suspected source of human
			 infection, the department shall issue an order immediately suspending the sale
			 of such milk unless it is first diverted to a pasteurization plant. In
			 addition, the department shall order that all raw milk produced by the
			 producer-distributor be immediately seized, detained or embargoed pursuant to
			 ORS 561.605 to
			 561.620. The
			 producer-distributor may appeal the department's order as provided in ORS
			 561.605 to
			 561.620.
(2) Unless otherwise directed, the order
			 shall remain in effect until herd testing and genetic fingerprinting either
			 support or are inconsistent with the epidemiological evidence. If subsequent
			 heard testing supports the epidemiological link, the department's order
			 suspending raw milk sales shall remain in effect until the producer-distributor
			 satisfactorily documents that it has complied with the protocols in section (3)
			 of this rule. If subsequent herd testing does not support the epidemiological
			 link, the department shall lift the suspension order, allowing raw milk sales
			 to resume.
(3) The protocols for
			 re-establishing raw milk sales are:
(a) The
			 entire dairy herd tested as appropriate at the dairy's expense;
(b) All samples must be collected by an
			 accredited veterinarian and tested in a laboratory acceptable to the
			 department.
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 603-024-0586 - Suspension for Violation

Current through Register Vol. 63, No. 7, July 1, 2024
If a violation of the grade standard for bacteria, temperature
				or coliform occurs within six months of any prior suspension for violation of
				the same standard, the license may be resuspended without benefit of the notice
				of violation and additional sampling, and without benefit of the three-day
				waiting period, if notice has been given within the six months that further
				violation of the same character will be grounds for further
				suspension.
Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS
				  621.060 & ORS
				  621.261
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 603-024-0589 - Abnormal Milk Standard and Test

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The abnormal milk standards for milk for
			 manufacturing purposes shall be determined by examination or testing for total
			 somatic cells (leukocyte count) of at least four samples of milk from each
			 producer during every six-month period. The leukocyte count shall be determined
			 by a Direct Microscopic Somatic Cell Count, an electronic somatic cell count,
			 or any other test which will give comparable results and is approved by the
			 department.
(2) The abnormal milk
			 standard shall be determined in the following manner:
(a) A Direct Microscopic Somatic Cell Count
			 or Electronic Somatic Cell Count shall be conducted on each producer's milk at
			 least four times in each six-month period;
(b) A milk sample having a leukocyte count of
			 500,000 or more per milliliter (ml.) shall be deemed to be violative of the
			 abnormal milk standard;
(c) The
			 three out of five compliance method shall apply in the case of all abnormal
			 milk showing 500,000 or more leukocytes per ml.;
(d) Whenever two of the last four consecutive
			 leukocyte counts exceed the limit of the standards, the producer shall be given
			 a warning letter which shall be in effect so long as two of the last four
			 samples exceed the limit. An additional sample shall be taken within 21 days
			 from the date of the notice, but not before the lapse of three (3) days. Milk
			 shall be unlawful grade whenever the standard is violated by three of the last
			 five leukocyte counts. No action is taken if the additional sample is within
			 the standard (less than 500,000 cells per ml.). Release from unlawful grade is
			 made with the first satisfactory sample.
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 603-024-0590 - Dairy Farm and Milk Plant Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If, upon inspection of a dairy farm or
			 milk plant by the Department, a violation of any item of sanitation as
			 contained herein for the licensed grade then held is noted on two successive
			 inspections made not less than three days apart, and notice has been given
			 within six months of the second violation that further violation will be
			 grounds for suspension, the license permitting use of the specified grade
			 designation with milk or milk products may be suspended for a specific period
			 of time which in no case shall exceed ten days.
(2) A copy of all inspection reports will be
			 posted by the Department in a conspicuous place on an inside wall of the
			 licensee's farm or milk plant, as the case may be, and shall not be defaced or
			 removed without approval of the Department.
(3) A producer, producer-distributor, or
			 distributor found in violation of any requirement(s) shall be notified by
			 inspection report or in writing and given a reasonable time to correct such
			 violation(s) before a second inspection is made. The requirement of giving
			 written notice shall be deemed to have been satisfied by the handing to the
			 operator, or by posting of, an inspection report required by this section.
			 After receipt of a notice of violation, but before the allotted time has
			 elapsed, the producer, producer-distributor, or distributor shall have an
			 opportunity to contact the chief of the inspection agency to question the items
			 marked in violation or for requesting an extension of the time allowed for
			 correction.
(4) Whenever a
			 producer, producer-distributor, or distributor ceases to operate under a
			 current license, such license privileges are deemed suspended unless again
			 authorized by an approval inspection.
Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS
				  621.060 & ORS
				  621.261
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 603-024-0592 - Examination for Somatic Cells

Current through Register Vol. 63, No. 7, July 1, 2024
Examination of milk and enforcement of the standard for Grade A
				milk and milk products shall be as follows:
(1) A Wisconsin mastitis test or D.M.S.C.C.
			 shall be conducted on each producer's or producer-distributor's raw milk at
			 least four times during separate months in each six-month period.
(2) Except for the standard set forth in
			 section (5) of this rule, a milk sample having a somatic cell count of 500,000
			 or more per milliliter (ml.) shall be deemed to be violative of the somatic
			 cell standard.
(3) Except for the
			 standard set forth in section (5) of this rule, the three-out-of-five
			 compliance method shall apply in the case of all abnormal milk showing 500,000
			 or more somatic cells per ml. except that a period of no more than three days
			 shall be allowed between warning notice and the taking of the next official
			 test (including a D.M.S.C.C. for enforcement purposes).
(4) Except for the standard set forth in
			 section (5) of this rule, whenever two of the last four consecutive somatic
			 cell counts exceed the limit of the standard, the producer shall be given a
			 warning letter which shall be in effect so long as two of the last four samples
			 exceed the limit. An additional sample shall be taken but not before the lapse
			 of three days. Immediate suspension of the milk shall be instituted whenever
			 the standard is violated by three of the last five somatic cell counts. No
			 action shall be taken if the additional sample is within the standard (less
			 than 500,000 cells per ml.). Release from suspension shall be made with first
			 satisfactory sample.
(5) A sample
			 of goat's milk having a somatic cell count of 1,500,000 or more per milliliter
			 (ml.) or sheep's milk having a somatic cell count of 750,000 or more per
			 milliliter (ml.) shall be deemed to be violative of the somatic cell standard.
			 Otherwise, the provisions of this section apply to goat's and sheep's
			 milk.
Statutory/Other Authority: ORS 561 & 621
Statutes/Other Implemented: ORS
				  621.060 &
				  621.261
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 603-024-0594 - Drug Residue Test; Violation of Test

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Antibiotic tests on each producer's milk
			 or on commingled raw milk shall be conducted at least four times during any
			 consecutive six months. When commingled milk is tested, all producers shall be
			 represented in the samples. All individual sources of milk shall be tested when
			 test results on the commingled milk are positive.
(2) Violation of the drug residue test shall
			 be cause for immediate license suspension, which shall be effective until a
			 sample is received which shows a negative result. Such notice of suspension is
			 subject to review in the manner provided by ORS
			 183.484.
(3) After a third violation in a twelve-month
			 period, the Department shall initiate proceedings to revoke the producer's
			 Grade "A" license pursuant to ORS 183.
Statutory/Other Authority: 621.073, 621.060 & ORS
				  561.190
Statutes/Other Implemented: ORS
				  621.060 &
				  621.073
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 603-024-0596 - Grading

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each shipment
			 or pick-up of grade A fluid milk shall be graded as to its acceptable quality
			 by a licensed sampler/grader. If it is not acceptable and is rejected as unfit
			 for grade A use, a record (forms supplied by the Department) is to be made
			 showing:
(a) Producer's name and
			 number;
(b) Market or pooling
			 agent;
(c) Date and time;
(d) Quantity;
(e) Cause for rejection;
(f) Disposition of the rejected
			 milk.
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 603-024-0598 - Tests and Analyses

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to official laboratory results, certified
				laboratories using recognized standard methods may perform tests and analyses
				for standard plate count, coliform count, phosphatase, drug residues
				(antibiotics), added water (cryoscope), somatic cells, and potable water for
				which they are certified and such results may be acceptable as official. Tests
				and analyses of finished products performed by the processor of that product
				are not acceptable as official, unless approved by the
				Department.
Stat. Auth.: ORS
				  561.190, ORS
				  621.060 & ORS
				  621.261
Stats. Implemented: ORS
				  621.060 & ORS
				  621.261
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 603-024-0605 - Health of Cows, Goats, and Sheep and Abnormal Milk

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the requirements of OAR
			 603-024-0211, all herds of cows goats and sheep producing milk for human
			 consumption as defined in 603-024-0019 and for which a standard of identity has
			 been established in 603-024-0017(2) shall be in compliance with the laws of the
			 State of Oregon and regulations promulgated thereunder relating to tuberculosis
			 and brucellosis.
(2) Raw Milk For
			 Human Consumption: Goat and Sheep dairies selling raw milk for human
			 consumption shall comply with the following:
(a) Brucellosis: All animals in the herd that
			 are more than 6 months of age shall be tested for brucellosis at a lab approved
			 by the Department at intervals of no more than 12 months.
(b) Tuberculosis: All animals in the herd
			 that are more than 6 months of age shall be tested for tuberculosis at a lab
			 approved by the Department at intervals of no more than 12 months.
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 603-024-0613 - Construction and Facilities of Milk House

Current through Register Vol. 63, No. 7, July 1, 2024
A milk house shall be constructed and maintained in accordance
				with the following: The milk house used by retail raw milk dairies
				(producer-distributor) shall consist of two rooms separating the handling of
				milk and storage of cleaned utensils from the cleaning and other operations
				which shall be so located as to prevent any contamination of milk or of cleaned
				equipment. The facility shall comply with the requirements of OAR 603-024-0211.
				The milk house rooms shall be of adequate size subject to approval by the
				Department to satisfactorily handle the volume of milk to be cooled, bottled,
				capped, and the washing of utensils, containers, and
				equipment.
Stat. Auth.: ORS 561 & 621
Stats. Implemented: ORS
				  621.060 &
				  621.261
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 603-024-0621 - Utensils and Equipment Construction, Installation, and Use

Current through Register Vol. 63, No. 7, July 1, 2024
Farm tanks in all new or replacement installations shall be
				equipped with an approved type recording thermometer with a temperature range
				of 32 degrees F. to 180 degrees F. and interval timers for agitation of the
				milk.
(1) Accuracy of the recording
			 thermometer shall be within plus or minus two degrees. The recording device
			 should be installed in an area convenient to the milk storage tank and
			 acceptable to the regulatory agency. The sensor bulb or device shall be located
			 so as to record the temperature of the milk in the tank before it reaches ten
			 percent of the tank volume;
(2) The
			 interval timer shall be set and adjusted so that the milk will be agitated not
			 less than a five minute period with a frequency of at least once every two
			 hours.
Stat. Auth.: ORS
				  561.190, ORS
				  621.060 & ORS
				  621.261
Stats. Implemented: ORS
				  621.060 & ORS
				  621.261
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 603-024-0640 - Cooling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Temperature
			 recording charts approved by the Department shall be provided for farm tank
			 recording thermometers. The pickup driver and licensed milk grader shall
			 examine chart for temperature record and compliance with requirements at the
			 time of receipt of the milk. He shall date, sign, and replace the old chart
			 with a new one. The charts shall be kept for 90 days for observation by
			 graders, sanitarians, and for other official purposes.
(2) Farm tanks in all new or replacement
			 installations shall be equipped with approved type recording thermometers with
			 a temperature range of 32 degrees F. to 180 degrees F. and interval timers for
			 agitation of the milk:
(a) Accuracy of the
			 recording thermometer shall be within plus or minus 2 degrees F. The recording
			 device should be installed in an area convenient to the milk storage tank and
			 acceptable to the regulatory agency. The sensor bulb or device shall be located
			 so as to record the temperature of the milk in the tank before it reaches ten
			 percent of the tank volume;
(b) The
			 interval timer shall be set and adjusted so that the milk will be agitated not
			 less than a five minute period with a frequency of at least once every two
			 hours.
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 603-024-0641 - Transportation of Milk and Milk Products and Surroundings

Current through Register Vol. 63, No. 7, July 1, 2024
All producer Grade A raw milk for pasteurization must be picked
				up at least once each 72 hour period. In addition, to facilitate cleaning of
				the farm bulk tank, the tank shall be completely emptied once each 72 hour
				period.
Stat. Auth.: ORS 561 & 621
Stats. Implemented: ORS
				  621.060 &
				  621.261
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 603-024-0741 - Definitions and Standards for Frozen Desserts

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				621.311, definitions and
				standards for frozen desserts adopted by the Food and Drug Administration of
				the United States Department of Health, Education and Welfare are hereby
				adopted as the definitions and standards of identity for frozen desserts in the
				State of Oregon. These definitions and standards are set forth in OAR
				603-024-0017(2). In addition, no wholesaler shall sell, offer for sale or have
				in his possession with intent to sell a frozen dessert or frozen dessert mix to
				a retailer which has a bacteria count in excess of 50,000 per gram. Frozen
				desserts in which cultured milk is an ingredient shall not be required to meet
				any minimum bacteria count standards.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 561, ORS 616 & ORS 621
Stats. Implemented: ORS
				  621.311