US Laws, Codes, Statutes & Cases

Chapter 621 — Milk; Dairy Products; Substitutes

 

2007 EDITION

 

MILK; DAIRY PRODUCTS; SUBSTITUTES

 

FOOD AND OTHER COMMODITIES

 

GENERAL PROVISIONS

 

621.003     Definitions

 

621.010     Restraining violations

 

621.012     Exception for small-scale on-farm sales

 

621.015     Disposition of license fees; appropriation

 

621.018     Entry and use of fluid milk produced outside state; reciprocal agreements

 

GRADING AND STANDARDS OF IDENTITY

 

621.056     Employment of grader

 

621.057     Record of grade of milk

 

621.058     Grades and standards of quality for milk, fluid milk and dairy products; rules

 

621.059     Definitions and standards of identity for cheese; rules

 

621.060     Establishing standards of quality and identity for fluid milk; rules

 

621.062     Deviation from standard of identity prohibited

 

621.065     Designation of grades

 

GRADE DESIGNATION USE

 

621.070     License required to use grade designation

 

621.072     Issuance of license to use grade designation; grading by milk hauler; facility inspections; fees

 

621.073     Suspension of grade use privilege

 

621.076     Container labeling; bottling unpasteurized milk; prohibition against milk by or from suspended licensee

 

621.078     Additional users of milk processing plant; fees; rules

 

621.083     Procedures and equipment for graders

 

WEIGHING, SAMPLING AND TESTING

 

621.084     Weighing, sampling and testing fluid milk

 

621.088     Sale or possession of milk or cream to which water has been added

 

621.092     Right of producer to be present at weighing, sampling or testing and to have own tests made

 

621.093     Liability of licensee for inaccurate weighing, sampling, testing or recording; attorney fees

 

621.094     Authority of department to take charge of weighing, sampling and testing upon noncompliance

 

621.096     Regulations regarding weighing, sampling and testing

 

PROHIBITED ACTS, GENERALLY

 

621.116     Prohibition against retail sale of unpasteurized milk from cows

 

621.117     Distributor or producer-distributor may sell only milk that is pasteurized or from disease-free goats or sheep

 

621.122     Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers; prohibited acts of licensees; pasteurization exemption

 

621.124     Milk not to be sold if from diseased animals or from animals that have not been tested or retested for brucellosis

 

DAIRY PRODUCTS PLANTS

 

621.161     Operation of dairy products plant without license prohibited

 

621.166     Application for dairy products plant license; rules; fee; expiration; mobile milk tanker fees

 

621.169     Additional users of dairy products plant; fees; rules

 

621.171     Issuance of license; renewal; suspension; revocation

 

DISEASE AND CONTAMINATION PREVENTION

 

621.176     Standards of construction for plants and facilities

 

621.181     Standards of sanitation for operation of plants and facilities

 

621.183     Prohibition against operating plant or facility that does not meet standards

 

621.193     Standards for farm bulk storage facilities

 

621.198     Prohibition against use or dealing with user of nonstandard bulk storage facilities

 

621.203     Condemnation of unfit container and its contents

 

621.207     Prohibition against unauthorized removal of condemnation tag or marking or use of container or its contents

 

621.224     Bacterial standards

 

621.226     Condemnation of unlawful milk, cream, dairy product or fluid milk

 

621.259     Pasteurization equipment; supervision by licensed pasteurizer operator

 

621.261     Regulations regarding equipment used in pasteurization process

 

621.266     Pasteurizer operator license; rules; fee

 

621.276     Licensees to show knowledge of and ability to comply with changes in laws or regulations

 

621.281     Suspension or revocation of licenses issued under ORS 621.266

 

621.297     Certification of milk and dairy product testing laboratories; fee

 

621.300     Use of Ring Test or Whey Test for brucellosis

 

ICE CREAM AND OTHER FROZEN DESSERTS

 

621.311     Definitions and standards of identity for frozen desserts; rules

 

621.320     Labeling requirements for frozen desserts; exemption

 

621.335     Licenses to make and sell frozen desserts at wholesale; fees; expiration; rules

 

621.340     Selling frozen dessert with excessive bacteria count prohibited

 

621.345     Sale or offering for sale of nonconforming product prohibited

 

621.368     Revocation of licenses

 

621.369     Possession of frozen dessert or frozen dessert mix as prima facie evidence of intent to sell

 

CONDENSED OR EVAPORATED MILK; IMITATION MILK AND DAIRY PRODUCT SUBSTITUTES

 

621.405     Definitions and standards for condensed or evaporated milk

 

621.410     Requisites of milk used in manufacture of condensed or evaporated milk; vegetable fat prohibited

 

621.418     Standards for imitation milk products; sale of nonstandard imitation milk prohibited

 

621.435     Substitute or imitation dairy products; use of words or pictures indicating product to be genuine; exception

 

621.445     Restrictions on serving colored butter substitute in public eating place

 

STATE FACILITIES FOR TESTING MILK FAT CONTENT

 

621.720     Testing for milk fat content required

 

621.730     Department to provide testing; contracts of purchase not to be terminated; testing fees

 

621.740     Liability for payment of fees

 

621.750     Sampling and testing; payment adjustments; rules

 

PENALTIES

 

621.991     Penalties

 

GENERAL PROVISIONS

 

      621.003 Definitions. As used in this chapter, unless the context requires otherwise:

      (1) “Container” means milk and cream cans, farm milk tanks, milk tank trucks, milk storage tanks, pasteurizing vats, cheese vats, butter churns, butter tubs, cheese hoops and any other receptacle designed for use or used to hold fluid milk, milk or dairy products.

      (2) “Cream” means that portion of milk consisting of milk fat.

      (3) “Dairy products” means:

      (a) Butter.

      (b) All varieties of cheese, frozen desserts and frozen dessert mixes containing milk, cream or nonfat milk solids.

      (c) Evaporated, condensed, concentrated, powdered, dried or fermented milk, whey, cream and skimmed milk.

      (4) “Dairy products plant” means:

      (a) An establishment where milk is received, processed or used in manufacturing dairy products for human consumption.

      (b) A place or premises where milk is received or collected.

      (c) A bulk tank truck or other mobile equipment used by a milk hauler or other person in the transportation of milk, fluid milk or milk products.

      (d) A location operated by a nonprocessing cooperative, corporation, association or person serving as a marketing agent for producers.

      (5) “Department” means the State Department of Agriculture.

      (6) “Disease-free herd” means a herd of cows, sheep or goats that is not an infected herd. As used in this subsection, “infected herd” means a herd of cows, sheep or goats in which one or more reactor animals have been discovered by any test authorized by law and that has not regained its disease-free status following the slaughter of the reactor animals and retesting of the herd as prescribed by the department.

      (7) “Distributor” means a person who purchases only unpasteurized milk and pasteurizes or otherwise processes that milk, then bottles and distributes the milk for human consumption.

      (8) “Fluid milk” means milk and any other product made by the addition of a substance to milk or to a liquid form of milk product if the milk or other product is produced, processed, distributed, sold or offered or exposed for sale for human consumption. Fluid milk includes sterilized fluid milk products and the fluid milk products for which a standard of identity has been established by the department.

      (9) “Frozen dessert” means a food product that is defined and standardized by rule under ORS 621.311.

      (10) “Frozen dessert mix” means the unfrozen, blended ingredients, in liquid or powdered form, from which frozen desserts are made by freezing the mix ingredients to a solid or semisolid consistency.

      (11) “Frozen dessert retailer” means a person who freezes or makes frozen desserts for direct sale to or use by a consumer.

      (12) “Frozen dessert wholesaler” means a person, other than a frozen dessert retailer, engaged in the business of freezing or making frozen desserts for sale. “Frozen dessert wholesaler” does not include interstate carriers, health care facilities as defined in ORS 442.015, domiciliary care facilities as defined in ORS 443.205, schools, institutions or fraternal, social or religious organizations or persons engaging in occasional or incidental sales as defined by department rule.

      (13) “Imitation milk product” means:

      (a) A compound of milk and edible oil or fat, other than natural milk fat, with or without other ingredients.

      (b) A compound or product that is not a fluid milk product, that is made to have or has the appearance, taste or texture of a fluid milk product or a general composition similar to that of a fluid milk product, for which a standard of identity has been established by the department, and that may reasonably be mistaken for a fluid milk product.

      (14) “Milk” means the lacteal secretion of cows, sheep and goats.

      (15) “Milk hauler” means a person who, in the course of employment, accepts bulk fluid milk and transports that commodity to a dairy products plant or a physical facility of a distributor or producer-distributor.

      (16) “Nonprocessing distributor” means a person who sells fluid milk in consumer-sized units under the person’s own brand or trade name after the milk has been processed and packaged by a distributor or producer-distributor.

      (17) “Pasteurize” means the process established by the department pursuant to ORS 621.261 by which each particle of milk, cream or any other dairy product is treated, usually by heat, for the purpose of destroying or rendering harmless bacterial organisms, including pathogenic organisms and viruses.

      (18) “Producer” means a person who engages in the production of unpasteurized milk on a dairy farm and does not bottle the milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption.

      (19) “Producer-distributor” means:

      (a) A person who bottles milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption.

      (b) A person who purchases milk from a producer, pasteurizes that milk, then bottles it for distribution. [1999 c.197 §2]

 

      621.005 [Amended by 1979 c.320 §15; 1982 s.s.1 c.4 §16; repealed by 1999 c.197 §61]

 

      621.010 Restraining violations. (1) If the State Department of Agriculture believes that any person is engaged in or is about to engage in any act or practice that is a violation of ORS 621.056, 621.057, 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.117, 621.122, 621.124, 621.161, 621.166, 621.183, 621.198, 621.226 or 621.259 or any rule or standard adopted under ORS 621.060, 621.083, 621.096, 621.224 or 621.261, the department may apply for a temporary restraining order or permanent injunction pursuant to ORCP 79 or ORS 561.280 prohibiting the person from engaging in that act or practice. The application for the order or injunction may be made to the circuit court of any county in which the person is engaged in or is about to engage in the unlawful act or practice. Notwithstanding ORCP 82, no security shall be required of the department to obtain the restraining order or injunction. The remedy provided the department by this section is in addition to all other remedies, civil and criminal.

      (2) In a proceeding for an injunction under subsection (1) of this section, an applicant or licensee may not, as a defense, litigate collaterally any matter concerning the refusal to grant or the revocation or suspension of a license required by or issued under ORS 621.070, 621.072, 621.161, 621.171 or 621.266 if the applicant or licensee was heard or might have been heard on that matter directly in an administrative hearing under ORS 183.413 to 183.470, or on an appeal from such a hearing. [1955 c.714 §1; 1961 c.425 §13; 1999 c.197 §6]

 

      621.012 Exception for small-scale on-farm sales. The provisions of ORS 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.116, 621.117 and 621.259 and standards developed under ORS 621.060, 621.083 or 621.224 do not apply to a person owning not more than three dairy cows that have calved at least once, nine sheep that have lactated at least once or nine goats that have lactated at least once, but such person may sell the fluid milk from those animals for human or other consumption without complying with the provisions of ORS 621.062, 621.070, 621.072, 621.076, 621.084, 621.116, 621.117 or 621.259 or standards developed under ORS 621.060, 621.083 or 621.224 only if:

      (1) The person does not advertise the milk for sale;

      (2) The milk is sold directly to the consumer at the premises where produced; and

      (3) No more than two producing dairy cows, nine producing sheep or nine producing goats are located on the premises where the milk is produced. [Formerly 621.089]

 

      621.015 Disposition of license fees; appropriation. The State Department of Agriculture shall deposit all fees paid to it under this chapter in the Department of Agriculture Service Fund. All such fees are continuously appropriated to the department for the purpose of administering and enforcing this chapter. [1963 c.48 §2; 1979 c.499 §23]

 

      621.018 Entry and use of fluid milk produced outside state; reciprocal agreements. (1) The State Department of Agriculture may permit the entry and use in this state of fluid milk produced in other governmental units subject to the conditions set forth in this section. For the purposes of this section, the term “governmental unit” means any state, territory of the United States or political subdivision thereof.

      (2) The department shall investigate and survey the system of regulation of the fluid milk industry in effect in the governmental unit in which the fluid milk is produced. The investigation shall be made into all the factors relating to the quality of fluid milk as prescribed in ORS 621.060. Upon a determination by the department that the system of fluid milk regulation in effect in a governmental unit is of a nature that will reasonably ensure that fluid milk produced thereunder will be of a quality substantially equal to fluid milk produced in this state, the department may issue a permit to any person operating under that system for the movement of fluid milk into this state.

      (3) Recognition by the department of the system of regulation and inspection of fluid milk produced or processed in any other governmental unit shall be granted only in cases where the other governmental unit grants a reciprocal recognition to fluid milk produced or processed in this state.

      (4) The department may give full faith and credit to the acts of any other governmental unit administering a system of fluid milk regulation recognized by the department, suspending the right or privilege of any person under the jurisdiction of that governmental unit to produce or process fluid milk.

      (5) The department shall arrange with any other governmental unit administering and enforcing a system of fluid milk regulation recognized by the department for the exchange of information necessary to ensure an uninterrupted interchange of wholesome and nutritious fluid milk between that governmental unit and this state. [Formerly 621.105]

 

      621.020 [1957 c.346 §6; 1999 c.197 §7; renumbered 621.300 in 1999]

 

      621.055 [Amended by 1955 c.714 §11; 1959 c.346 §2; 1981 c.523 §2; repealed by 1999 c.197 §61]

 

GRADING AND STANDARDS OF IDENTITY

 

      621.056 Employment of grader. Each distributor, producer-distributor and dairy products plant licensee shall employ a grader who shall accurately and impartially grade all milk or fluid milk purchased by the distributor, producer-distributor or licensee from producers before it is commingled with other milk or otherwise loses its identity. [Formerly 621.206]

 

      621.057 Record of grade of milk. The grader shall make a true written record of the grade of all milk graded by the grader. The record shall also show the name of the producer, the date of delivery and of grading, and the quantity involved. The record shall be delivered to and retained by the distributor, producer-distributor or dairy products plant licensee for 30 days and shall be available for inspection by the producer of the milk and by the State Department of Agriculture. [Formerly 621.216]

 

      621.058 Grades and standards of quality for milk, fluid milk and dairy products; rules. (1) The State Department of Agriculture shall establish by rule, as provided in ORS chapter 183, official state grades and standards of quality applicable to all milk, fluid milk and dairy products.

      (2) The grades and standards for milk, fluid milk and dairy products may from time to time be changed by the department as provided in subsection (1) of this section. [Formerly 621.201]

 

      621.059 Definitions and standards of identity for cheese; rules. The State Department of Agriculture may adopt rules establishing definitions and standards of identity for all types of cheese. To the extent that the department considers practicable and applicable in this state, the definitions and standards of identity established by rule of the department shall conform to the definitions and standards of identity made under 21 C.F.R. part 133. The department may change the definitions and standards of identity from time to time as the department considers desirable to conform with alterations or amendments to the federal definitions and standards of identity. [1999 c.197 §3]

 

      621.060 Establishing standards of quality and identity for fluid milk; rules. (1) The State Department of Agriculture shall establish official state standards of quality for all forms of fluid milk in the manner prescribed by ORS 632.900 to 632.935.

      (2) The standards of quality established for fluid milk shall be based upon:

      (a) The health of the cows, sheep and goats;

      (b) The physical facilities of dairy farms and milk processing plants;

      (c) The standard of sanitary maintenance of dairy farms and milk processing plants including equipment used therein, the cleanliness of operating personnel and the cleanliness of adjacent land areas;

      (d) The physical facilities for the transportation of fluid milk and the methods and standards of sanitary maintenance of those facilities;

      (e) The quality and nutritional value of fluid milk as a human food as determined by examination; and

      (f) Any other factor found by the department, upon hearing, to affect the quality, odor, flavor or wholesomeness of fluid milk.

      (3) The department, by rule, may establish definitions and standards of identity for all types of fluid milk. To the extent that the department considers practicable and applicable in this state, the definitions and standards of identity established by rule of the department shall conform to the definitions and standards of identity made under 21 C.F.R. part 131. The department may change the definitions and standards of identity from time to time as the department considers desirable to conform with alterations or amendments to the federal definitions and standards of identity. [Amended by 1971 c.769 §1; 1981 c.523 §3; 1999 c.197 §8]

 

      621.062 Deviation from standard of identity prohibited. A person shall not process, distribute, sell or offer or expose for sale fluid milk that does not conform to a standard of identity established by the State Department of Agriculture. [1959 c.346 §3; 1999 c.197 §9]

 

      621.065 Designation of grades. The State Department of Agriculture shall establish two standards of quality for fluid milk. The higher standard of quality shall be designated as “grade A.” The other standard of quality shall be designated as “grade B.” [Amended by 1955 c.714 §12; 1999 c.197 §10; 2003 c.14 §372]

 

GRADE DESIGNATION USE

 

      621.070 License required to use grade designation. A person shall not use any grade designation on bottle caps, in advertising, on labels or in any other manner connected with the sale of fluid milk unless the State Department of Agriculture has licensed the person to use the grade designation. [Amended by 1999 c.197 §11]

 

      621.072 Issuance of license to use grade designation; grading by milk hauler; facility inspections; fees. (1) The State Department of Agriculture shall issue a license to use a grade designation to any person who:

      (a) Makes written application for a license on forms provided by the department;

      (b) Pays the designated license fee;

      (c) Is engaged in the business of producing or distributing fluid milk; and

      (d) Meets the requirements of the particular grade designation for which application is made.

      (2) If a person carries on the activities of a producer and a producer-distributor, the person must obtain a separate license for each of those activities. If a producer-distributor manufactures products from both grade A fluid milk and grade B fluid milk at the same premises, the producer-distributor must obtain separate licenses for grade A product manufacturing activity and grade B product manufacturing activity.

      (3) Licenses issued under this section shall be personal and not transferable.

      (4) Each milk hauler, milk receiver or other person who grades fluid milk as fit or unfit for processing as fluid milk due to quality, odor, flavor or wholesomeness must first obtain a license from the department authorizing that person to sample and grade fluid milk. Each applicant for a milk sampler’s and grader’s license shall, by written examination, demonstrate an adequate knowledge of milk sanitation as it relates to the sampling, grading and handling of fluid milk and cream for analysis. The department shall give examinations for licenses at such times and places as appears to be necessary and practicable.

      (5) Before and after issuing a license to a person as a producer, producer-distributor, distributor or nonprocessing distributor of fluid milk, the department shall, as it deems necessary, inspect the physical facilities of the applicant’s dairy, milk processing plant or distribution center and investigate other factors the department determines may relate to the production, processing or distribution of fluid milk. The physical facilities must conform to the production, processing or distribution requirements for the fluid milk grade designation sought or held.

      (6) Each license issued under this section expires on June 30 next following the date of its issuance unless sooner revoked and may be renewed upon application of the licensee. Each application for a license or annual renewal thereof shall be accompanied by a license fee.

      (7) The department shall establish license fee schedules for milk samplers and graders in accordance with ORS chapter 183. A fee may not be less than $25 or more than $50.

      (8) Except as provided in subsection (10) of this section, the license fees for producer-distributors, distributors and nonprocessing distributors are:

      (a) $125 if the applicant’s annual gross dollar volume of sales and services is not more than $50,000;

      (b) $175 if an applicant’s annual gross dollar volume of sales and services is more than $50,000 and not more than $500,000;

      (c) $300 if an applicant’s annual gross dollar volume of sales and services is more than $500,000 and not more than $1 million;

      (d) $450 if an applicant’s annual gross dollar volume of sales and services is more than $1 million and not more than $5 million;

      (e) $600 if an applicant’s annual gross dollar volume of sales and services is more than $5 million and not more than $10 million; or

      (f) $750 if an applicant’s annual gross dollar volume of sales and services is more than $10 million.

      (9) Except as provided in subsection (10) of this section, the license fees for producers are:

      (a) $125 if the applicant’s annual gross sales are not more than $50,000;

      (b) $175 if an applicant’s annual gross sales are more than $50,000 and not more than $500,000;

      (c) $300 if an applicant’s annual gross sales are more than $500,000 and not more than $1 million;

      (d) $450 if an applicant’s annual gross sales are more than $1 million and not more than $5 million;

      (e) $600 if an applicant’s annual gross sales are more than $5 million and not more than $10 million; or

      (f) $750 if an applicant’s annual gross sales are more than $10 million.

      (10) The department shall increase the license fee amounts described in subsections (8) and (9) of this section by two percent annually, rounded to the nearest whole dollar amount for assessment and collection purposes. The department shall determine each annual increase using the unrounded figure from the preceding year. The first increase in the fee amounts shall occur on July 1, 2006.

      (11) In establishing the amount of the license fee for an applicant under this section, the department shall use the annual gross dollar volume of sales and services by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service records on a fiscal basis, the prior fiscal year. If the applicant applying for an original license or for a renewal license cannot provide the annual gross dollar volume of sales and services for a full calendar year, the department shall base the fee on estimated annual gross sales and services by the applicant. If an applicant whose previous year’s fee was determined using an estimated gross sales and services figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross dollar volume of sales and services by the applicant.

      (12) A distributor or producer-distributor must obtain a license and pay license fees as provided under subsection (8) of this section for each physical facility used to produce, process or distribute fluid milk. A person is not required to obtain a distributor or producer-distributor license to act as a milk hauler or to operate receiving or transfer stations in conjunction with a milk processing plant.

      (13) The department may refuse to issue or renew, or may suspend or revoke, a license for any violation of this section or ORS 621.062, 621.070, 621.076, 621.084, 621.088, 621.117, 621.122 or 621.259 or processes or standards established under ORS 621.060 or 621.083. [Formerly 621.075; 1967 c.254 §1; 1971 c.773 §8; 1982 s.s.1 c.4 §7; 1991 c.632 §4; 1997 c.249 §188; 1999 c.197 §12; 2005 c.735 §9]

 

      Note: The amendments to 621.072 by section 10, chapter 735, Oregon Laws 2005, become operative January 2, 2010. See section 17, chapter 735, Oregon Laws 2005. The text that is operative on and after January 2, 2010, is set forth for the user’s convenience.

      621.072. (1) The State Department of Agriculture shall issue a license to use a grade designation to any person who:

      (a) Makes written application for a license on forms provided by the department;

      (b) Pays the designated license fee;

      (c) Is engaged in the business of producing or distributing fluid milk; and

      (d) Meets the requirements of the particular grade designation for which application is made.

      (2) If a person carries on the activities of a producer and a producer-distributor, the person must obtain a separate license for each of those activities. If a producer-distributor manufactures products from both grade A fluid milk and grade B fluid milk at the same premises, the producer-distributor must obtain separate licenses for grade A product manufacturing activity and grade B product manufacturing activity.

      (3) Licenses issued under this section shall be personal and not transferable.

      (4) Each milk hauler, milk receiver or other person who grades fluid milk as fit or unfit for processing as fluid milk due to quality, odor, flavor or wholesomeness must first obtain a license from the department authorizing that person to sample and grade fluid milk. Each applicant for a milk sampler’s and grader’s license shall, by written examination, demonstrate an adequate knowledge of milk sanitation as it relates to the sampling, grading and handling of fluid milk and cream for analysis. The department shall give examinations for licenses at such times and places as appears to be necessary and practicable.

      (5) Before and after issuing a license to a person as a producer, producer-distributor, distributor or nonprocessing distributor of fluid milk, the department shall, as it deems necessary, inspect the physical facilities of the applicant’s dairy, milk processing plant or distribution center and investigate other factors the department determines may relate to the production, processing or distribution of fluid milk. The physical facilities must conform to the production, processing or distribution requirements for the fluid milk grade designation sought or held.

      (6) Each license issued under this section expires on June 30 next following the date of its issuance unless sooner revoked and may be renewed upon application of the licensee. Each application for a license or annual renewal thereof shall be accompanied by a license fee.

      (7) The department shall establish license fee schedules for milk samplers and graders in accordance with ORS chapter 183. A fee may not be less than $25 or more than $50.

      (8) The license fees for producer-distributors, distributors and nonprocessing distributors are:

      (a) $135 if the applicant’s annual gross dollar volume of sales and services is not more than $50,000;

      (b) $189 if an applicant’s annual gross dollar volume of sales and services is more than $50,000 and not more than $500,000;

      (c) $325 if an applicant’s annual gross dollar volume of sales and services is more than $500,000 and not more than $1 million;

      (d) $487 if an applicant’s annual gross dollar volume of sales and services is more than $1 million and not more than $5 million;

      (e) $649 if an applicant’s annual gross dollar volume of sales and services is more than $5 million and not more than $10 million; or

      (f) $812 if an applicant’s annual gross dollar volume of sales and services is more than $10 million.

      (9) The license fees for producers are:

      (a) $135 if the applicant’s annual gross sales are not more than $50,000;

      (b) $189 if an applicant’s annual gross sales are more than $50,000 and not more than $500,000;

      (c) $325 if an applicant’s annual gross sales are more than $500,000 and not more than $1 million;

      (d) $487 if an applicant’s annual gross sales are more than $1 million and not more than $5 million;

      (e) $649 if an applicant’s annual gross sales are more than $5 million and not more than $10 million; or

      (f) $812 if an applicant’s annual gross sales are more than $10 million.

      (10) In establishing the amount of the license fee for an applicant under this section, the department shall use the annual gross dollar volume of sales and services by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service records on a fiscal basis, the prior fiscal year. If the applicant applying for an original license or for a renewal license cannot provide the annual gross dollar volume of sales and services for a full calendar year, the department shall base the fee on estimated annual gross sales and services by the applicant. If an applicant whose previous year’s fee was determined using an estimated gross sales and services figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross dollar volume of sales and services by the applicant.

      (11) A distributor or producer-distributor must obtain a license and pay license fees as provided under subsection (8) of this section for each physical facility used to produce, process or distribute fluid milk. A person is not required to obtain a distributor or producer-distributor license to act as a milk hauler or to operate receiving or transfer stations in conjunction with a milk processing plant.

      (12) The department may refuse to issue or renew, or may suspend or revoke, a license for any violation of this section or ORS 621.062, 621.070, 621.076, 621.084, 621.088, 621.117, 621.122 or 621.259 or processes or standards established under ORS 621.060 or 621.083.

 

      621.073 Suspension of grade use privilege. (1) In addition to the powers conferred on the State Department of Agriculture under ORS 621.018, 621.060, 621.072, 621.076, 621.083 and 621.226, the department may suspend the privilege of any person to use a grade designation on containers of fluid milk produced or distributed by the person. The power of suspension may be exercised by the department for any violation of ORS 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.117, 621.122 (7), 621.226 or 621.259, standards adopted under ORS 621.060, 621.083 or 621.224 or any department rules.

      (2) A suspension shall not exceed 10 days except that, before lifting the suspension, the department shall ensure that the violation causing the suspension has been corrected.

      (3) A suspension shall not be imposed for a violation unless the violator has previously committed the same violation and the department has, within the six months immediately preceding the violation for which the suspension is imposed, provided written notification to the violator that another violation of the same character would be grounds for suspension. The notice of suspension shall be in writing and shall state length of the suspension and the reason for the suspension.

      (4) The provisions of ORS 183.413 to 183.470 do not apply to suspensions imposed under authority of this section, although appeal shall be in the manner provided by ORS 183.484, 183.486, 183.490 and 183.497. This subsection shall not deprive a person of the right to present any defense to a criminal prosecution instituted for violation of ORS 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.117, 621.122 (7), 621.226 or 621.259, nor shall it deprive a person of the right to a declaratory judgment. [Formerly 621.120]

 

      621.074 [Formerly 621.080; repealed by 1963 c.48 §5]

 

      621.075 [Amended by 1955 c.714 §13; renumbered 621.072]

 

      621.076 Container labeling; bottling unpasteurized milk; prohibition against milk by or from suspended licensee. (1) A person shall not sell, expose or offer for sale or knowingly transport fluid milk in containers:

      (a) If the fluid milk has been produced or processed in violation of ORS 621.070.

      (b) If the container or container cap is not labeled with the name and address of the producer, distributor, nonprocessing distributor or producer-distributor of the milk and the applicable state grade. However, containers of unpasteurized fluid milk that are shipped by producers to a milk processing plant or a dairy products plant for pasteurization and that are identified by shipper name or number shall not be required to be so labeled.

      (2) A person shall not bottle unpasteurized fluid milk except on the premises where it is produced.

      (3) A producer or producer-distributor shall not sell or offer for sale fluid milk during the period that the license of the producer or producer-distributor to use a grade designation on fluid milk has been suspended under ORS 621.072 or 621.073.

      (4) A distributor shall not knowingly purchase fluid milk from any person whose license to use a grade designation has been suspended under ORS 621.072 or 621.073.

      (5) A distributor shall not knowingly purchase fluid milk from any person other than a person licensed under ORS 621.072.

      (6) Each container of fluid milk sold or exposed or offered for sale by a nonprocessing distributor shall be labeled on the container or on the container cap with either the name and address of the distributor or producer-distributor processing and bottling the fluid milk or with a code number, assigned by the State Department of Agriculture, identifying the distributor or producer-distributor. [Formerly 621.115]

 

      621.077 [Formerly 621.082; 1999 c.197 §13; renumbered 621.224 in 1999]

 

      621.078 Additional users of milk processing plant; fees; rules. (1) The State Department of Agriculture may issue a distributor or producer-distributor license under ORS 621.072 to one or more additional users of a milk processing plant that is primarily operated by another distributor or producer-distributor. A license issued to an additional user for activities at the milk processing plant may differ in activity type and fluid milk grade from the license issued to the primary operator of the plant. The physical facilities of the milk processing plant must conform to the requirements for all activity types and milk grades for which the primary operator and the additional users of the plant are licensed. Regardless of the number of persons licensed to use a milk processing plant, the department may not recognize more than one distributor or producer-distributor as the primary operator of the plant.

      (2) The department may assess a distributor or producer-distributor license fee to an additional user of a milk processing plant, calculated as provided in ORS 621.072. In calculating license fees under ORS 621.072, the annual gross dollar volume of sales and services for an additional user of a milk processing plant is independent of the annual gross dollar volume of sales and services for any other user or the primary operator of the plant.

      (3) Notwithstanding ORS 621.072, the department may adopt rules to establish the license expiration, renewal and application dates for distributors or producer-distributors that are additional users of a milk processing plant.

      (4) The department may adopt rules to determine the responsibilities of a milk processing plant’s primary operator and additional users of the milk processing plant under standards prescribed by ORS 621.176 and 621.181 and under ORS 621.183.

      (5) A recognized primary operator of a milk processing plant shall notify the department upon the expiration or termination of the rental or lease of the plant by an additional user of the plant. [2007 c.645 §7]

 

      621.079 [1959 c.145 §§2, 3; 1979 c.320 §1; repealed by 1982 s.s.1 c.4 §7]

 

      621.080 [Amended by 1959 c.145 §9; renumbered 621.074]

 

      621.081 [1959 c.145 §§4,5,6,8; 1963 c.48 §3; 1971 c.773 §9; 1979 c.320 §2; repealed by 1982 s.s.1 c.4 §14]

 

      621.082 [1955 c.714 §16; renumbered 621.077]

 

      621.083 Procedures and equipment for graders. The State Department of Agriculture may establish standards of procedure and acceptable types of equipment for use by graders in taking and safeguarding samples of milk for analysis. [1959 c.145 §7; 1979 c.320 §11; 1999 c.197 §14]

 

WEIGHING, SAMPLING AND TESTING

 

      621.084 Weighing, sampling and testing fluid milk. Distributors, producer-distributors, dairy products plant licensees and all other purchasers of milk from producers shall weigh, sample and test fluid milk purchased by them from producers in the same manner as milk and cream are weighed, sampled and tested under ORS 621.096. [1955 c.714 §8; 1999 c.197 §15]

 

      621.085 [Repealed by 1999 c.197 §61]

 

      621.088 Sale or possession of milk or cream to which water has been added. A producer, producer-distributor, distributor, nonprocessing distributor or dairy products plant licensee shall not offer or expose for sale, sell, exchange, deliver, possess or control with intent to sell, expose for sale or deliver, purchase for resale or receive for manufacture, any milk or cream to which water has been added, as evidenced by official State Department of Agriculture laboratory testing, except as may be permitted by the department in:

      (1) The reconstitution of fluid milk; or

      (2) The transportation of the product containing added water to a dairy products plant for recovery of the milk food solids. [1955 c.714 §10; 1957 c.346 §1; 1979 c.320 §3; 1999 c.197 §16]

 

      621.089 [1955 c.25 §2; 1973 c.99 §1; 1983 c.55 §1; 1999 c.197 §17; 1999 c.937 §2a; renumbered 621.012 in 1999]

 

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