2007 Oregon Code - Chapter 621 :: Chapter 621 - Milk - Dairy Products - Substitutes
Chapter 621 —
Milk; Dairy Products; Substitutes
2007 EDITION
MILK; DAIRY PRODUCTS; SUBSTITUTES
FOOD AND OTHER COMMODITIES
GENERAL PROVISIONS
621.003Â Â Â Â Definitions
621.010Â Â Â Â Restraining
violations
621.012Â Â Â Â Exception
for small-scale on-farm sales
621.015Â Â Â Â Disposition
of license fees; appropriation
621.018Â Â Â Â Entry
and use of fluid milk produced outside state; reciprocal agreements
GRADING AND STANDARDS OF IDENTITY
621.056Â Â Â Â Employment
of grader
621.057Â Â Â Â Record
of grade of milk
621.058Â Â Â Â Grades
and standards of quality for milk, fluid milk and dairy products; rules
621.059Â Â Â Â Definitions
and standards of identity for cheese; rules
621.060Â Â Â Â Establishing
standards of quality and identity for fluid milk; rules
621.062Â Â Â Â Deviation
from standard of identity prohibited
621.065Â Â Â Â Designation
of grades
GRADE DESIGNATION USE
621.070Â Â Â Â License
required to use grade designation
621.072Â Â Â Â Issuance
of license to use grade designation; grading by milk hauler; facility
inspections; fees
621.073Â Â Â Â Suspension
of grade use privilege
621.076Â Â Â Â Container
labeling; bottling unpasteurized milk; prohibition against milk by or from
suspended licensee
621.078Â Â Â Â Additional
users of milk processing plant; fees; rules
621.083Â Â Â Â Procedures
and equipment for graders
WEIGHING, SAMPLING AND TESTING
621.084Â Â Â Â Weighing,
sampling and testing fluid milk
621.088Â Â Â Â
621.092Â Â Â Â Right
of producer to be present at weighing, sampling or testing and to have own
tests made
621.093Â Â Â Â Liability
of licensee for inaccurate weighing, sampling, testing or recording; attorney
fees
621.094Â Â Â Â Authority
of department to take charge of weighing, sampling and testing upon
noncompliance
621.096Â Â Â Â Regulations
regarding weighing, sampling and testing
PROHIBITED ACTS, GENERALLY
621.116Â Â Â Â Prohibition
against retail sale of unpasteurized milk from cows
621.117Â Â Â Â Distributor
or producer-distributor may sell only milk that is pasteurized or from
disease-free goats or sheep
621.122Â Â Â Â Prohibitions
regarding sales, pasteurization, sampling, weighing, grading and containers;
prohibited acts of licensees; pasteurization exemption
621.124Â Â Â Â Milk
not to be sold if from diseased animals or from animals that have not been
tested or retested for brucellosis
DAIRY PRODUCTS PLANTS
621.161Â Â Â Â Operation
of dairy products plant without license prohibited
621.166Â Â Â Â Application
for dairy products plant license; rules; fee; expiration; mobile milk tanker
fees
621.169Â Â Â Â Additional
users of dairy products plant; fees; rules
621.171Â Â Â Â Issuance
of license; renewal; suspension; revocation
DISEASE AND CONTAMINATION PREVENTION
621.176Â Â Â Â Standards
of construction for plants and facilities
621.181Â Â Â Â Standards
of sanitation for operation of plants and facilities
621.183Â Â Â Â Prohibition
against operating plant or facility that does not meet standards
621.193Â Â Â Â Standards
for farm bulk storage facilities
621.198Â Â Â Â Prohibition
against use or dealing with user of nonstandard bulk storage facilities
621.203Â Â Â Â Condemnation
of unfit container and its contents
621.207Â Â Â Â Prohibition
against unauthorized removal of condemnation tag or marking or use of container
or its contents
621.224Â Â Â Â Bacterial
standards
621.226Â Â Â Â Condemnation
of unlawful milk, cream, dairy product or fluid milk
621.259Â Â Â Â Pasteurization
equipment; supervision by licensed pasteurizer operator
621.261Â Â Â Â Regulations
regarding equipment used in pasteurization process
621.266Â Â Â Â Pasteurizer
operator license; rules; fee
621.276Â Â Â Â Licensees
to show knowledge of and ability to comply with changes in laws or regulations
621.281Â Â Â Â Suspension
or revocation of licenses issued under ORS 621.266
621.297Â Â Â Â Certification
of milk and dairy product testing laboratories; fee
621.300Â Â Â Â Use
of Ring Test or Whey Test for brucellosis
ICE CREAM AND OTHER FROZEN DESSERTS
621.311Â Â Â Â Definitions
and standards of identity for frozen desserts; rules
621.320Â Â Â Â Labeling
requirements for frozen desserts; exemption
621.335Â Â Â Â Licenses
to make and sell frozen desserts at wholesale; fees; expiration; rules
621.340Â Â Â Â Selling
frozen dessert with excessive bacteria count prohibited
621.345Â Â Â Â
621.368Â Â Â Â Revocation
of licenses
621.369Â Â Â Â 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
621.405Â Â Â Â Definitions
and standards for condensed or evaporated milk
621.410Â Â Â Â Requisites
of milk used in manufacture of condensed or evaporated milk; vegetable fat
prohibited
621.418Â Â Â Â Standards
for imitation milk products; sale of nonstandard imitation milk prohibited
621.435Â Â Â Â Substitute
or imitation dairy products; use of words or pictures indicating product to be
genuine; exception
621.445Â Â Â Â Restrictions
on serving colored butter substitute in public eating place
STATE FACILITIES FOR TESTING MILK FAT CONTENT
621.720Â Â Â Â Testing
for milk fat content required
621.730Â Â Â Â Department
to provide testing; contracts of purchase not to be terminated; testing fees
621.740Â Â Â Â Liability
for payment of fees
621.750Â Â Â Â Sampling
and testing; payment adjustments; rules
PENALTIES
621.991Â Â Â Â 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 personÂ’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
     (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 samplerÂ’s and graderÂ’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 applicantÂ’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 yearÂ’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,
     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 samplerÂ’s and graderÂ’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 applicantÂ’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 yearÂ’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 plantÂ’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
     (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]
     621.090 [Amended by 1959 c.241 §1; repealed by 1999
c.197 §61]
     621.092
Right of producer to be present at weighing, sampling or testing and to have
own tests made. The producer
of milk or cream, or the producerÂ’s agent, has the right to be present while
the distributor, producer-distributor or dairy products plant licensee weighs,
samples or tests the milk or cream, and to take samples of the milk or cream
and have them privately tested. At the request of any producer, a distributor,
producer-distributor or dairy products plant licensee shall notify the producer
of the time and place where the milk or cream will be weighed, sampled or tested.
[Formerly 621.241]
     621.093
Liability of licensee for inaccurate weighing, sampling, testing or recording;
attorney fees. If a producer
is damaged by an inaccurate weighing, sampling or testing of milk or cream by a
distributor, producer-distributor or dairy products plant licensee or by the
inaccurate recording of the results of any test by the distributor,
producer-distributor or licensee, the producer may bring an action for those
damages. The court may award reasonable attorney fees to the prevailing party
in an action under this section. [Formerly 621.246]
     621.094
Authority of department to take charge of weighing, sampling and testing upon
noncompliance. (1) If a
distributor, producer-distributor or dairy products plant licensee fails to
comply with any provision of ORS 621.056, 621.057, 621.084, 621.092, 621.122
(7) to (10) or 621.226 or regulations adopted under ORS 621.096, the State
Department of Agriculture may revoke the license or, with the written consent
of the distributor, producer-distributor or licensee, may perform the weighing,
sampling and testing of the milk or cream received or purchased by the
distributor, producer-distributor or licensee.
     (2) The department shall employ competent
personnel of its own choice to perform the weighing, sampling or testing under
subsection (1) of this section. The salary and necessary expenses of the
personnel shall be paid by the department. The distributor,
producer-distributor or licensee shall reimburse the department for the salary
and expenses monthly.
     (3) The department shall continue to
perform the weighing, sampling and testing of the milk or cream received or
purchased by the distributor, producer-distributor or dairy products plant
licensee until the department is satisfied that the distributor,
producer-distributor or licensee is willing and able to comply with all the
provisions of ORS 621.056, 621.057, 621.084, 621.092, 621.122 (7) to (10) and
621.226 and regulations adopted under ORS 621.096. When the department is so
satisfied, control of the weighing, sampling and testing shall be returned to
the distributor, producer-distributor or licensee. [Formerly 621.251]
     621.095 [Repealed by 1999 c.197 §61]
     621.096
Regulations regarding weighing, sampling and testing. (1) The State Department of Agriculture
shall promulgate regulations relating to the weighing, sampling and testing of
milk and cream.
     (2) The department shall ensure that all
milk that a distributor, producer-distributor or dairy products plant licensee
purchases from producers is tested by the distributor, producer-distributor or
licensee for milk fat content using an accurate and efficient test approved by
the department. [Formerly 621.236]
     621.100 [Repealed by 1999 c.197 §61]
     621.102 [1957 c.346 §2; repealed by 1999 c.197 §61]
     621.105 [Amended by 1999 c.197 §18; renumbered
621.018 in 1999]
     621.110 [Repealed by 1979 c.320 §19]
     621.115 [Amended by 1955 c.714 §14; 1999 c.197 §19;
renumbered 621.076 in 1999]
PROHIBITED
ACTS, GENERALLY
     621.116
Prohibition against retail sale of unpasteurized milk from cows. A person may not sell or distribute for sale
unpasteurized milk or fluid milk from cows, or dairy products from
unpasteurized milk or fluid milk from cows, other than to a distributor,
producer-distributor, dairy products plant licensee or nonprocessing
cooperative. This section does not apply to the sale or distribution of cheese
otherwise exempt from pasteurization requirements or to sales or distributions
by a person described under ORS 621.012. [1999 c.937 §2]
     621.117
Distributor or producer-distributor may sell only milk that is pasteurized or
from disease-free goats or sheep. A distributor, producer-distributor or dairy products plant licensee
shall not sell or offer or expose for sale any dairy product or fluid milk for
human consumption unless the milk used in the dairy product or fluid milk has
been pasteurized or is goat or sheepÂ’s milk that was produced by a disease-free
herd, except that if not more than one reactor animal appears when the goat or
sheep herd is tested for brucellosis, the milk, dairy products or fluid milk
may still be sold if the animal is slaughtered and no additional reactor
animals appear when the herd is retested, as provided in ORS chapter 596 and
regulations promulgated thereunder. If one or more reactor animals appear when
the herd is retested, no milk, dairy products or fluid milk from the herd may
be sold until the herd regains a brucellosis-free status. [1955 c.714 §9(3);
1957 c.346 §3; 1969 c.152 §5; 1975 c.299 §1; 1999 c.197 §20; 1999 c.937 §4]
     621.118 [1955 c.714 §9(1), (2); 1999 c.197 §21;
renumbered 621.259 in 1999]
     621.119 [1955 c.714 §9(4); repealed by 1999 c.197 §61]
     621.120 [Amended by 1961 c.425 §14; 1979 c.320 §4;
1999 c.197 §22; renumbered 621.073 in 1999]
     621.122
Prohibitions regarding sales, pasteurization, sampling, weighing, grading and
containers; prohibited acts of licensees; pasteurization exemption. (1) A person shall not operate or permit the
operation of any pasteurization equipment except under the direct personal
supervision of a person licensed as a pasteurizer operator under ORS 621.266.
     (2) A distributor, producer-distributor or
dairy products plant licensee shall not sell, offer or expose for sale any milk
or cream that has not been pasteurized or produced by a disease-free goat or
sheep herd, except to another distributor, producer-distributor or dairy
products plant licensee for the manufacture of milk, fluid milk or dairy
products.
     (3) Except as permitted by ORS 621.003,
621.012, 621.060 and 621.076, a person shall not knowingly sell, offer or
expose for sale any milk or cream that has not been pasteurized or produced by
a disease-free goat or sheep herd, except to a distributor,
producer-distributor or dairy products plant licensee for the manufacture of
milk, fluid milk or dairy products.
     (4) A distributor, producer-distributor or
dairy products plant licensee shall not sell, offer or expose for sale any
milk, fluid milk or dairy product processed or manufactured by the distributor,
producer-distributor or licensee unless all of the milk or cream constituents
from cows have been pasteurized and all milk or cream constituents from goats
or sheep were produced by a disease-free herd or have been pasteurized.
     (5) A person shall not knowingly sell,
offer or expose for sale any dairy product unless all of the milk or cream
constituents of the product from cows have been pasteurized and all
constituents from goats or sheep were produced by a disease-free herd or have
been pasteurized.
     (6) Excepting cottage cheese and any
cheese required to be pasteurized by rule of the State Department of
Agriculture, the pasteurization requirement of subsections (4) and (5) of this
section shall not apply to cheese that has been aged for at least 60 days from
the date of manufacture. The manufacture date must appear on the cheese or its
container.
     (7) A person shall not falsely represent
by word, design, device or by any other means that any milk, cream, fluid milk,
dairy product, frozen dessert mix or frozen dessert has been pasteurized.
     (8) A distributor, producer-distributor or
dairy products plant licensee must provide for the grading of all milk
transported, received or purchased by the distributor, producer-distributor or
licensee as required by ORS 621.056, 621.057, 621.084 and 621.226 and
regulations adopted under ORS 621.096.
     (9) A person shall not alter, remove or
tamper with any condemnation tag affixed by the State Department of Agriculture
or a grader pursuant to the provisions of ORS 621.203 or 621.226.
     (10) A distributor, producer-distributor
or dairy products plant licensee or grader shall not:
     (a) Negligently sample, weigh or test any
milk or cream.
     (b) Fraudulently manipulate any weight,
sample or test of milk or cream.
     (c) Make a false entry or record of the
weight, or test of milk or cream on any statement, record or invoice. [Formerly
621.286]
     621.124
Milk not to be sold if from diseased animals or from animals that have not been
tested or retested for brucellosis. (1) A person shall not sell or offer or expose for sale any fluid milk
with knowledge that the milk has been produced from a herd of cows, sheep or
goats, one or more of which were infected with brucellosis at the time the milk
was produced, or with knowledge that not all the animals in the herd have been
tested or retested for brucellosis in a manner approved by the State Department
of Agriculture.
     (2) The tests described by this section
shall be performed only by state veterinarians, assistant state veterinarians
or deputy state veterinarians employed or appointed by the department, or by
veterinarians employed by the United States Department of Agriculture. [1957
c.346 §5 (enacted in lieu of 621.125); 1999 c.197 §23]
     621.125 [Amended by 1955 c.14 §1; repealed by 1957
c.346 §4 (621.124 enacted in lieu of 621.125)]
     621.151 [1953 c.686 §30; repealed by 1999 c.197 §61]
     621.152 [1953 c.686 §1; 1957 c.346 §7; 1963 c.80 §1;
1969 c.164 §4; 1971 c.769 §2; 1981 c.523 §4; repealed by 1999 c.197 §61]
     621.155 [Repealed by 1953 c.686 §37]
     621.156 [1953 c.686 §29; 1955 c.714 §6; 1971 c.769 §3;
1979 c.320 §5; 1982 s.s.1 c.4 §8; repealed by 1999 c.197 §61]
     621.160 [Repealed by 1953 c.686 §37]
DAIRY
PRODUCTS PLANTS
     621.161
Operation of dairy products plant without license prohibited. A person shall not operate a dairy products
plant unless that person has a valid dairy products plant license. A separate
license is required for each dairy products plant operated. A person is not
required to obtain a dairy products plant license to act as a milk hauler or to
operate receiving or transfer stations in conjunction with a milk processing
plant. [1953 c.686 §2; 1971 c.769 §4; 1999 c.197 §24]
     621.165 [Repealed by 1953 c.686 §37]
     621.166
Application for dairy products plant license; rules; fee; expiration; mobile
milk tanker fees. (1)
Application for a dairy products plant license shall be made to the State
Department of Agriculture on forms provided by the department. Each license and
each annual renewal shall expire on June 30 next following its issuance or on
such date as may be specified by department rule. Dairy products plant licenses
are personal and are not transferable.
     (2) Each dairy products plant shall submit
a separate fee established by the department for each mobile milk tanker. The
fee shall not apply to a mobile milk tanker owned and operated by a dairy
products plant while transporting dairy products from the dairy products plant
to wholesale or retail outlets for those products. As used in this section, “mobile
milk tanker” means a tank or other receptacle that attaches to a bulk tank
truck or other equipment and is used to transport fluid milk, milk or milk
products.
     (3) The department shall establish the
license fee for a mobile milk tanker in accordance with ORS chapter 183. The
fee may not be less than $25 or more than $50. Except as provided in subsection
(4) of this section, the fees for a dairy products plant 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.
     (4) The department shall increase the
license fee amounts described in subsection (3) 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 for the license year commencing July 1, 2006.
     (5) In establishing the amount of the
license fee for an applicant, the department shall use the annual gross dollar
volume of sales and services by that applicant within
     Note: The amendments to 621.166 by section 12,
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, including amendments by section 28, chapter 768, Oregon Laws
2007, is set forth for the userÂ’s convenience.
     621.166. (1) Application for a dairy products plant
license shall be made to the State Department of Agriculture on forms provided
by the department. Each license and each annual renewal shall expire on June 30
next following its issuance or on such date as may be specified by department
rule. Dairy products plant licenses are personal and are not transferable.
     (2) Each dairy products plant shall submit
a separate fee established by the department for each mobile milk tanker. The
fee shall not apply to a mobile milk tanker owned and operated by a dairy
products plant while transporting dairy products from the dairy products plant
to wholesale or retail outlets for those products. As used in this section, “mobile
milk tanker” means a tank or other receptacle that attaches to a bulk tank
truck or other equipment and is used to transport fluid milk, milk or milk
products.
     (3) The department shall establish the
license fee for a mobile milk tanker in accordance with ORS chapter 183. The
fee may not be less than $25 or more than $50. The fees for a dairy products
plant 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.
     (4) In establishing the amount of the
license fee for an applicant, the department shall use the annual gross dollar
volume of sales and services by that applicant within
     621.169
Additional users of dairy products plant; fees; rules. (1) The State Department of Agriculture may
issue a dairy products plant license under ORS 621.166 to one or more
additional users of a dairy products plant that processes or uses milk to
manufacture dairy products and is primarily operated by another person. A
license issued to an additional user for activities at the dairy products plant
shall cover all operations at that plant by the person licensed. Regardless of
the number of persons licensed to use a dairy products plant, the department
may not recognize more than one person as the primary operator of the plant.
     (2) The department may assess a license
fee to an additional user of a dairy products plant described in subsection (1)
of this section, calculated as provided in ORS 621.166. In calculating license
fees under ORS 621.166, the annual gross dollar volume of sales and services
for an additional user of the dairy products plant is independent of the annual
gross dollar volume of sales and services for any other user or the primary
operator of the plant.
     (3) Notwithstanding ORS 621.166, the
department may adopt rules to establish the license expiration, renewal and
application dates for additional users of a dairy products plant.
     (4) The department may adopt rules to
determine the responsibilities of the dairy products plantÂ’s primary operator
and additional users of the dairy products plantÂ’s under standards prescribed
by ORS 621.176 and 621.181 and under ORS 621.183.
     (5) A recognized primary operator of a
dairy products plant shall notify the department upon the expiration or
termination of the rental or lease of the plant by an additional user of the
plant. [2007 c.645 §8]
     621.170 [Repealed by 1953 c.686 §37]
     621.171
Issuance of license; renewal; suspension; revocation. (1) The State Department of Agriculture shall
issue a dairy products plant license under ORS 621.166 or a license under ORS
621.072 for a distributor or producer-distributor to use a physical facility
when it determines that the dairy products plant or the facility to be operated
by the applicant is in compliance with the standards prescribed by the
department pursuant to ORS 621.176 and 621.181.
     (2) The department may refuse to issue or
renew or may revoke or suspend the license of any person who fails to comply
with the provisions of ORS 621.056, 621.057, 621.092, 621.122, 621.183 and
621.198 and the regulations promulgated under ORS 621.096 or 621.261. [1953
c.686 §4; 1999 c.197 §26]
     621.175 [Repealed by 1953 c.686 §37]
DISEASE AND
CONTAMINATION PREVENTION
     621.176
Standards of construction for plants and facilities. To ensure that the handling and processing
of milk, fluid milk and dairy products is conducted in a sanitary environment,
the State Department of Agriculture shall prescribe minimum standards of
construction for dairy products plants and physical facilities of a distributor
or producer-distributor, including but not limited to standards for:
     (1) Floors, walls, ceilings.
     (2) Doors and windows.
     (3) Lighting and ventilation.
     (4) Toilet and lavatory facilities.
     (5) Water supply.
     (6) Separation and partitioning of rooms
for carrying on the several handling, processing and storage functions. [1953
c.686 §5; 1999 c.197 §27]
     621.180 [Repealed by 1953 c.686 §37]
     621.181
Standards of sanitation for operation of plants and facilities. The State Department of Agriculture shall
prescribe minimum standards of sanitation for the operation of dairy products
plants and physical facilities of a distributor or producer-distributor
including, but not limited to, standards for the:
     (1) Washing, cleaning, maintenance and
condition of floors, walls and ceilings of all rooms directly connected with
the handling, processing and storage of dairy products, fluid milk or milk, and
the equipment used therein, including bulk tank trucks and other mobile
equipment used in the transportation of milk or cream from farm to plant or
between plants.
     (2) Health and cleanliness of personnel.
     (3) Cleanliness and sanitation of
surrounding premises.
     (4) Disposal of all waste and sewage
material.
     (5) Control of insects and rodents.
     (6) Construction, cleaning and sanitizing
of utensils, containers and equipment used in direct contact with dairy
products, fluid milk or milk. [1953 c.686 §6; 1999 c.197 §28]
     621.183
Prohibition against operating plant or facility that does not meet standards. A person shall not operate a dairy products
plant or a physical facility of a distributor or producer-distributor that
fails to conform to the standards prescribed pursuant to ORS 621.176 and
621.181. [1999 c.197 §4]
     621.185 [Repealed by 1953 c.686 §37]
     621.186 [1953 c.686 §7; repealed by 1999 c.197 §61]
     621.190 [Repealed by 1953 c.686 §37]
     621.191 [1953 c.686 §8; repealed by 1969 c.152 §6]
     621.193
Standards for farm bulk storage facilities. The State Department of Agriculture shall prescribe standards of
construction and sanitation for bulk storage tanks, equipment, buildings and
other facilities used by producers to store milk that is to be sold to a dairy
products plant or to be used at a physical facility of a distributor or
producer-distributor. The standards shall be for the purpose of ensuring the
wholesomeness of milk, fluid milk and dairy products, and may include, but are
not limited to, standards regulating the:
     (1) Size, location, construction and
sanitation of bulk storage tanks, equipment, buildings and other facilities.
     (2) Lighting and ventilation.
     (3) Water supply.
     (4) Cooling equipment. [1969 c.164 §2;
1999 c.197 §29]
     621.195 [Repealed by 1953 c.686 §37]
     621.196 [1953 c.686 §9; repealed by 1969 c.152 §6]
     621.198
Prohibition against use or dealing with user of nonstandard bulk storage
facilities. (1) A producer
shall not store milk that is to be sold to a dairy products plant or to be used
at a physical facility of a distributor or producer-distributor, in bulk
storage tanks, equipment, buildings or other facilities that do not conform to
the standards prescribed pursuant to ORS 621.193.
     (2) A distributor, producer-distributor or
dairy products plant licensee shall not receive or purchase milk from a
producer, that is stored in bulk storage tanks, equipment, buildings or other
facilities that do not conform to the standards prescribed pursuant to ORS
621.193. [1969 c.164 §3; 1999 c.197 §30]
     621.200 [Repealed by 1953 c.686 §37]
     621.201 [1953 c.686 §10; 1955 c.118 §1; 1979 c.91 §1;
1999 c.197 §31; renumbered 621.058 in 1999]
     621.203
Condemnation of unfit container and its contents. (1) The State Department of Agriculture
shall condemn any container that it finds unfit for use by reason of dirt,
rust, open seams or any other condition that may contaminate fluid milk, milk
or dairy products or otherwise render them unfit for human use or consumption.
The department shall provide by rule the method of plainly identifying
condemned containers, which shall include affixing a tag to, or marking on, the
container a notice of the fact of condemnation and a brief statement of the
reasons therefor.
     (2) It shall be conclusively presumed that
any fluid milk, milk or dairy product in a container that has been condemned by
the department and that bears a condemnation tag or marking is unfit for human
consumption. The department shall condemn such fluid milk, milk or dairy
product. The condemnation shall be carried out by thoroughly mixing a harmless
red coloring matter prescribed by the department with the contents of the
container. The department may authorize licensed pasteurizer operators and
graders to make the condemnation.
     (3) If the container can be repaired, or
the reason for the condemnation otherwise removed, the condemnation of the
container may be lifted by the department. The department may authorize
licensed pasteurizer operators and graders to lift the condemnation of a
container when appropriate repairs have been made or the reason for the condemnation
has been otherwise removed. [Formerly 621.661]
     621.205 [Repealed by 1953 c.686 §37]
     621.206 [1953 c.686 §11; 1979 c.320 §12; 1999 c.197 §32;
renumbered 621.056 in 1999]
     621.207
Prohibition against unauthorized removal of condemnation tag or marking or use
of container or its contents.
(1) A person other than an authorized employee or agent of the State Department
of Agriculture shall not remove a condemnation tag or marking from a container.
     (2) A person shall not place any fluid
milk, cream, milk or dairy product in a container bearing a condemnation tag or
marking.
     (3) A person shall not use the contents of
a container that has been condemned to manufacture, process or bottle fluid
milk, cream, milk or dairy products. [Formerly 621.666]
     621.210 [Repealed by 1953 c.686 §37]
     621.211 [1953 c.686 §15; 1979 c.320 §16; repealed by
1999 c.197 §61]
     621.215 [Repealed by 1953 c.686 §37]
     621.216 [1953 c.686 §12; 1979 c.320 §14; 1999 c.197 §33;
renumbered 621.057 in 1999]
     621.220 [Repealed by 1953 c.686 §37]
     621.221 [1953 c.686 §13; 1955 c.118 §2; repealed by
1999 c.197 §61]
     621.224
Bacterial standards. All
fluid milk is subject to the same bacterial standards as established by rule of
the State Department of Agriculture. [Formerly 621.077]
     621.225 [Repealed by 1953 c.686 §37]
     621.226
Condemnation of unlawful milk, cream, dairy product or fluid milk. (1) Whenever a grader determines that any
milk, cream, dairy product or fluid milk is unlawful, the grader shall
immediately affix a condemnation tag to the milk, cream, dairy product or fluid
milk container. Condemnation tags shall be in a form prescribed by the State
Department of Agriculture. The grader shall also thoroughly mix sufficient
harmless red coloring matter with the condemned milk, cream, dairy product or
fluid milk to prevent the milk, cream, dairy product or fluid milk from being
sold, offered or exposed for sale for human consumption.
     (2) As used in this section, the term “unlawful”
means:
     (a) Milk, cream, fluid milk or dairy
product that contains dirt, filth, oil or other foreign matter that may render
the milk, cream, fluid milk or dairy product, or dairy products derived from
them, unfit for human consumption.
     (b) Milk, cream, fluid milk or dairy
product that is stale, cheesy, rancid, putrid, decomposed or actively foaming. [1953
c.686 §14; 1999 c.197 §34]
     621.230 [Repealed by 1953 c.686 §37]
     621.231 [1953 c.686 §18; 1959 c.144 §1; repealed by
1999 c.197 §61]
     621.236 [1953 c.686 §19; 1959 c.144 §2; 1999 c.197 §35;
renumbered 621.096 in 1999]
     621.241 [1953 c.686 §20; 1999 c.197 §36; renumbered
621.092 in 1999]
     621.246 [1953 c.686 §21; 1981 c.897 §72; 1995 c.618 §92;
1999 c.197 §37; renumbered 621.093 in 1999]
     621.251 [1953 c.686 §22; 1999 c.197 §38; renumbered
621.094 in 1999]
     621.255 [Repealed by 1953 c.686 §37]
     621.256 [1953 c.686 §16; repealed by 1999 c.197 §61]
     621.259
Pasteurization equipment; supervision by licensed pasteurizer operator. If pasteurization equipment is used by a
distributor or producer-distributor or at a dairy products plant, the
distributor, producer-distributor or dairy products plant licensee shall ensure
that the pasteurization process is under the direct supervision of a
pasteurizer operator licensed under ORS 621.266. [Formerly 621.118]
     621.260 [Repealed by 1953 c.686 §37]
     621.261
Regulations regarding equipment used in pasteurization process. The State Department of Agriculture shall
promulgate regulations prescribing the equipment to be used in the
pasteurization of dairy products and the manner of cleaning and maintaining the
equipment. When the department authorizes the use of heat as a method of
pasteurization, it shall prescribe the necessary regulations for the use of
recording thermometers or other devices for determining the time and
temperature reached during the pasteurization process. [1953 c.686 §17]
     621.265 [Repealed by 1953 c.686 §37]
     621.266
Pasteurizer operator license; rules; fee. (1) Application for a pasteurizer operator license shall be made to
the State Department of Agriculture on forms provided by the department. A
license issued or renewed by the department under this section may be
restricted so as to authorize the licensee to engage only in a limited line of
activity commensurate with the ability of the licensee.
     (2) An applicant for original issuance of
a license must pass a reasonable written examination, give a practical
demonstration of ability to carry out licensee duties and pay the fee required
by this section.
     (3) A license issued under this section
expires on June 30 of each even-numbered year next following the date of its
issuance or on such date as may be specified by department rule, and may be
renewed upon application of the licensee. Each application for issuance or
renewal of a license shall be accompanied by a nonrefundable fee determined by
the department.
     (4) The fee described in subsection (3) of
this section shall be established by the department in accordance with ORS
chapter 183 and shall not exceed $50.
     (5) Subsections (1) to (3) of this section
do not apply to a pasteurizer operator license issued as a lifetime license
prior to September 29, 1991. However, in order to maintain a lifetime license
in effect, the licensee must submit a registration form to the department by June
30 of each even-numbered year or by such date as may be specified by department
rule confirming the desire of the licensee to continue the lifetime license. [1953
c.686 §23; 1963 c.48 §4; 1971 c.773 §10; 1979 c.320 §7; 1991 c.404 §2; 1999
c.197 §39; 2007 c.768 §29]
     621.270 [Repealed by 1953 c.686 §37]
     621.271 [1953 c.686 §24; repealed by 1979 c.320 §19]
     621.275 [Repealed by 1953 c.686 §37]
     621.276
Licensees to show knowledge of and ability to comply with changes in laws or
regulations. (1) When any
amendment is made in the laws of this state or new regulations are promulgated
relating to a change in the grades of milk or the operation of pasteurizing
equipment, the State Department of Agriculture may require any person licensed
by the department to demonstrate knowledge and familiarity with the amendments
or changes and ability to comply with them.
     (2) Any person who becomes subject to the
provisions of this section has not less than 30 nor more than 60 days to meet
the additional requirements. If, at the expiration of 60 days, the person
licensed has not demonstrated knowledge and ability in respect to the
additional requirements, the applicable license shall be suspended
automatically. [1953 c.686 §25; 1979 c.320 §13; 1999 c.197 §40]
     621.280 [Repealed by 1953 c.686 §37]
     621.281
Suspension or revocation of licenses issued under ORS 621.266. If a person licensed under ORS 621.266 does
not fully and faithfully comply with all provisions of ORS 621.122, 621.266 or
621.276 or standards and regulations adopted under ORS 621.181 and 621.261, the
license of the person may be revoked, suspended or limited. [1953 c.686 §26;
1999 c.197 §41]
     621.285 [Repealed by 1953 c.686 §37]
     621.286 [1953 c.686 §28; 1969 c.152 §1; 1971 c.743 §402;
1971 c.769 §6; 1979 c.320 §17; 1983 c.740 §234; 1999 c.197 §42; 1999 c.937 §6;
renumbered 621.122 in 1999]
     621.290 [Repealed by 1953 c.686 §37]
     621.291 [1953 c.686 §36; repealed by 1999 c.197 §61]
     621.293 [1971 c.769 §8; repealed by 1979 c.320 §19]
     621.295 [Repealed by 1953 c.686 §37]
     621.297
Certification of milk and dairy product testing laboratories; fee. (1) The chief laboratory officer of the
State Department of Agriculture may certify milk and dairy industry
laboratories or other commercial laboratories capable of analyzing milk and
dairy products to perform specified analyses of milk and dairy products.
Certification shall be for those tests, analyses and methods specified by the
department and may be limited by the department to one or more specific tests, methods
or products.
     (2) On or before July 1 of each year, a
laboratory certified under subsection (1) of this section shall pay a fee
established by the department not exceeding $100. [1971 c.769 §9; 1999 c.197 §43]
     621.300
Use of Ring Test or Whey Test for brucellosis. The State Department of Agriculture may
approve the use of the Ring Test or the Whey Test as alternatives to blood
testing of milk producing animals for brucellosis. [Formerly 621.020]
     621.305 [Amended by 1953 c.684 §12; 1959 c.343 §1;
1961 c.459 §1; 1965 c.45 §1; 1979 c.320 §8; repealed by 1999 c.197 §61]
ICE CREAM AND
OTHER FROZEN DESSERTS
     621.310 [Amended by 1953 c.684 §12; repealed by 1961
c.360 §1 (621.311 enacted in lieu of 621.310)]
     621.311
Definitions and standards of identity for frozen desserts; rules. As authorized by ORS 616.230 and 632.900 to
632.935, the State Department of Agriculture shall, by rule, establish
definitions and standards of identity for frozen desserts. [1961 c.360 §2
(enacted in lieu of 621.310); 1965 c.45 §2; 1985 c.286 §1; 1999 c.197 §44]
     621.315 [Amended by 1953 c.684 §12; repealed by 1999
c.197 §61]
     621.320
Labeling requirements for frozen desserts; exemption. (1) Frozen desserts sold in package form or
final delivery containers shall be labeled as required by rule of the State
Department of Agriculture. Except as provided under subsection (2) of this
section, to the extent that the department considers practicable and applicable
in this state, the labeling requirements adopted by rule of the department
shall conform to the labeling requirements prescribed under 21 C.F.R. part 101.
The department labeling requirements may be changed from time to time as the
department considers desirable to conform with alterations or amendments to
federal labeling requirements.
     (2) Packages and final delivery containers
of frozen desserts that are filled in the presence of the purchaser at retail
are exempt from the labeling requirements of this section if a sign in
boldfaced type not less than three-eighths of an inch high is displayed in
plain view of the purchaser and contains all the information otherwise required
to be on the label. [Amended by 1953 c.684 §12; 1961 c.360 §3; 1969 c.152 §2;
1979 c.320 §9; 1999 c.197 §45]
     621.325 [Amended by 1953 c.684 §12; subsection (3)
enacted as 1953 c.684 §7; 1961 c.360 §4; 1985 c.286 §2; repealed by 1999 c.197 §61]
     621.330 [Amended by 1953 c.684 §12; 1979 c.320 §10;
repealed by 1999 c.197 §61]
     621.335
Licenses to make and sell frozen desserts at wholesale; fees; expiration;
rules. (1) A person engaged
in the business of freezing or making frozen desserts and then selling those
frozen desserts at wholesale must obtain a license to carry on that business
from the State Department of Agriculture as provided in this section. The
person must obtain a separate license for each wholesale establishment operated
by the person.
     (2) Upon payment to the department of a
license fee of $60, the department may issue a license to any applicant to make
or freeze frozen desserts and then sell those frozen desserts at wholesale.
     (3) The license shall expire on June 30
next following the date of its issuance or on such date as may be specified by
department rule. A license is personal to the applicant and is not
transferable. [Amended by 1959 c.343 §2; 1967 c.254 §3; 1983 c.4 §10; 1999
c.197 §45a; 2007 c.768 §30]
     621.340
Selling frozen dessert with excessive bacteria count prohibited. A frozen dessert wholesaler shall not sell,
offer for sale or possess with intent to sell a frozen dessert or frozen
dessert mix that has an excessive bacteria count as established by rule of the
State Department of Agriculture. Frozen desserts in which cultured milk is an
ingredient shall not be required to meet any bacteria count standards. [Amended
by 1953 c.684 §12; 1969 c.152 §3; 1999 c.197 §46]
     621.345
     621.348 [1953 c.684 §12; repealed by 1999 c.197 §61]
     621.350 [Amended by 1953 c.684 §12; repealed by 1999
c.197 §61]
     621.352 [1953 c.684 §12; repealed by 1999 c.197 §61]
     621.355 [Repealed by 1999 c.197 §61]
     621.357 [1953 c.684 §12; repealed by 1999 c.197 §61]
     621.360 [Amended by 1953 c.684 §12; repealed by 1999
c.197 §61]
     621.365 [Repealed by 1999 c.197 §61]
     621.367 [1953 c.684 §12; repealed by 1999 c.197 §61]
     621.368
Revocation of licenses. The
State Department of Agriculture may revoke a license issued pursuant to ORS
621.335 for a violation of ORS 621.340 or 621.345 by the licensee. [1953 c.684 §12;
1999 c.197 §48]
     621.369
Possession of frozen dessert or frozen dessert mix as prima facie evidence of
intent to sell. In any proceeding
instituted for a violation of ORS 621.340 in which possession with intent to
sell a frozen dessert or frozen dessert mix is an issue, possession by the
accused of frozen dessert or frozen dessert mix in containers of the size and
type commonly used by the accused in selling that product shall be prima facie
evidence of intent to sell. [1953 c.684 §12; 1999 c.197 §49]
     621.370 [Repealed by 1963 c.48 §5]
CONDENSED OR
EVAPORATED MILK; IMITATION MILK AND DAIRY PRODUCT SUBSTITUTES
     621.405
Definitions and standards for condensed or evaporated milk. (1) A person shall not manufacture for sale,
possess with the intent to sell, offer or expose for sale or sell any condensed
or evaporated milk unless it conforms to the definitions and standards
established by the State Department of Agriculture pursuant to subsection (2)
of this section.
     (2) The department shall establish
definitions and standards of identity, quality and fill of container for
condensed and evaporated milk. In establishing the definitions and standards
the department shall take into consideration:
     (a) Definitions and standards established
in other states; and
     (b) Definitions and standards established
by the federal government under the authority of the Federal Food, Drug and
Cosmetic Act, 21 U.S.C. 301, et seq., as amended. [Amended by 1975 c.304 §6;
1999 c.197 §50]
     621.410
Requisites of milk used in manufacture of condensed or evaporated milk;
vegetable fat prohibited.
(1) A person shall not manufacture for sale, or sell or exchange, or expose or
offer for sale or exchange, any condensed or evaporated milk, or any substance
containing any milk or milk products and designed or intended to be used or
capable of being used for or as a substitute for condensed or evaporated milk,
if the milk used in the manufacture thereof is unlawful as defined under ORS
621.226.
     (2) A person shall not manufacture for
sale, or sell or expose, or offer for sale or exchange, any condensed or
evaporated milk containing any vegetable fat. [Amended by 1999 c.197 §51]
     621.415 [Repealed by 1963 c.165 §1 (621.416 enacted
in lieu of 621.415)]
     621.416 [1963 c.165 §2 (enacted in lieu of 621.415);
1969 c.149 §1; repealed by 1999 c.197 §61]
     621.418
Standards for imitation milk products; sale of nonstandard imitation milk prohibited. (1) The State Department of Agriculture
shall establish official state standards of quality and identity for imitation
milk products in the manner prescribed in ORS 632.900 to 632.935.
     (2) In establishing standards of quality
and identity for imitation milk products, the department shall consider, in
addition to other factors:
     (a) The composition and purity of the
product ingredients;
     (b) The nutritional value of the fats,
nonfat solids, vitamins, minerals or other ingredients affecting the food value
of the product; and
     (c) The degree of sanitation maintained
for buildings, equipment and personnel involved in the production, processing
and distribution of the product.
     (3) A person shall not sell or offer for
sale an imitation milk product that does not conform to a standard of quality
and identity established by the department. [1969 c.149 §§3,4; 1999 c.197 §52;
2003 c.14 §373]
     621.420 [Amended by 1963 c.165 §3; repealed by 1999
c.197 §61]
     621.425 [Amended by 1963 c.165 §6; 1969 c.152 §4;
repealed by 1999 c.197 §61]
     621.429 [1963 c.165 §5; repealed by 1999 c.197 §61]
     621.430 [Repealed by 1963 c.165 §8]
     621.435
Substitute or imitation dairy products; use of words or pictures indicating
product to be genuine; exception. (1) A person engaged in manufacturing, selling, offering for sale,
advertising or otherwise dealing in any product used or intended for use as a
substitute for or imitation of a dairy product or fluid milk shall not use a
trade or corporate name or product name, description, label, package,
container, advertising matter or sales literature employing the terms “milk,” “butter,”
“cream,” “creamery,” “churn,” “cheese,” “cow” or “dairy” except in connection
with imitation milk products.
     (2) A person described in subsection (1)
of this section shall not use any pictorial or other representations resembling
a dairy product or fluid milk in or on the labels, packages, containers,
advertising matter or literature of a substitute or imitation product described
in subsection (1) of this section in a manner suggesting that the product is
made of milk.
     (3) This section does not forbid a true
statement concerning the ingredients or composition of a product if the
statement is not misleading or in any way deceptive.
     (4) Subsections (1) and (2) of this
section do not apply to products manufactured in this state for the purpose of
shipping out of the state and not offered for sale in this state. [Amended by
1963 c.165 §7; 1999 c.197 §53]
     621.440 [Repealed by 1999 c.197 §61]
     621.445
Restrictions on serving colored butter substitute in public eating place. (1) In any public eating place serving meals
for compensation at which a butter substitute colored to imitate butter is
served, the owner or manager shall cause the butter substitute to be served:
     (a) In triangular pats or triangular
bricks; or
     (b) On a parchment paper that is clearly
marked or labeled with the words “margarine” or “butter substitute.”
     (2) The administration and enforcement of
this section is vested in the State Department of Agriculture. [Amended by 1999
c.197 §54]
     621.455 [Repealed by 1953 c.686 §37]
     621.460 [Repealed by 1953 c.686 §37]
     621.465 [Repealed by 1953 c.686 §37]
     621.470 [Repealed by 1953 c.686 §37]
     621.475 [Repealed by 1953 c.686 §37]
     621.480 [Repealed by 1953 c.686 §37]
     621.485 [Repealed by 1953 c.686 §37]
     621.490 [Repealed by 1953 c.686 §37]
     621.495 [Repealed by 1953 c.686 §37]
     621.500 [Repealed by 1953 c.686 §37]
     621.505 [Repealed by 1953 c.686 §37]
     621.555 [Repealed by 1965 c.107 §7]
     621.560 [Repealed by 1965 c.107 §7]
     621.565 [Repealed by 1965 c.107 §7]
     621.570 [Repealed by 1965 c.107 §7]
     621.575 [Repealed by 1965 c.107 §7]
     621.580 [Repealed by 1965 c.107 §7]
     621.585 [Repealed by 1965 c.107 §7]
     621.590 [Repealed by 1965 c.107 §7]
     621.595 [Repealed by 1965 c.107 §7]
     621.600 [Repealed by 1965 c.107 §7]
     621.605 [Repealed by 1959 c.79 §1]
     621.610 [Repealed by 1959 c.79 §1]
     621.655 [Repealed by 1955 c.81 §1]
     621.656 [1955 c.714 §2; repealed by 1999 c.197 §61]
     621.660 [Repealed by 1955 c.81 §1]
     621.661 [1955 c.714 §3; 1979 c.320 §18; 1999 c.197 §55;
renumbered 621.203 in 1999]
     621.665 [Repealed by 1955 c.81 §1]
     621.666 [1955 c.714 §4; 1999 c.197 §56; renumbered
621.207 in 1999]
     621.670 [Repealed by 1955 c.81 §1]
     621.675 [Repealed by 1955 c.81 §1]
     621.680 [Repealed by 1955 c.81 §1]
     621.685 [Repealed by 1953 c.423 §2]
     621.690 [Repealed by 1955 c.81 §1]
     621.695 [Repealed by 1955 c.50 §1]
     621.700 [Repealed by 1955 c.50 §1]
     621.705 [Repealed by 1955 c.50 §1]
     621.710 [Repealed by 1955 c.50 §1]
     621.715 [Repealed by 1955 c.50 §1]
STATE
FACILITIES FOR TESTING MILK FAT CONTENT
     621.720
Testing for milk fat content required. The State Department of Agriculture shall establish and maintain
procedures, systems and plans to carry out and enforce the intent and purposes
of ORS 621.730, 621.740 and 621.750. The department shall make department
laboratory facilities, equipment, materials and services available to producers
and other persons engaged in the milk industry for the official testing,
retesting or duplicate testing of milk for milk fat content by means of the “Babcock
Test” or any equally accurate and efficient test approved by the department. [1965
c.474 §2; 1999 c.197 §57]
     621.730
Department to provide testing; contracts of purchase not to be terminated;
testing fees. (1) Within the
availability of funds to be collected under ORS 621.740, the State Department
of Agriculture shall maintain laboratory facilities and purchase necessary
equipment and materials to carry out this section and ORS 621.720, 621.740 and
621.750.
     (2) Any producer or other person engaged
in the milk industry is authorized to request the department to provide and
furnish official testing, retesting or duplicate testing of milk.
     (3) A milk handler, dealer, licensee or
purchaser of milk shall not terminate or threaten to terminate the purchase of
milk from a producer or seller, or take or threaten to take other retaliatory
action against a producer or seller of milk, because the producer or seller has
exercised rights and privileges as authorized in this section. In addition to
any action the department is authorized to take against any person taking
retaliatory steps or procedures, the producer or seller of milk may also
maintain an action for damages against the same person. The prevailing party in
the action shall be entitled to reasonable attorney fees at trial and on
appeal.
     (4) The department may establish
reasonable fees for enforcing and carrying out this section and ORS 621.720,
621.740 and 621.750, in amounts necessary to reimburse the department for the
furnishing of services and materials as required thereunder. [1965 c.474 §3;
1979 c.499 §24; 1981 c.897 §73; 1999 c.197 §58]
     621.740
Liability for payment of fees.
(1) The producer or person requesting official testing and related testing
services from the State Department of Agriculture, as authorized under ORS
621.730 and 621.750 shall pay the fees established under ORS 621.730 as
provided by rule of the department.
     (2) If the producer or person requesting
the services is selling milk to a first handler as defined and prescribed in
ORS chapter 583, or to a distributor, producer-distributor or dairy products
plant licensee, the department may forward an itemized statement for services
rendered to the person requesting the services and also to the first handler,
distributor, producer-distributor or licensee. The first handler, distributor,
producer-distributor or licensee shall pay the itemized amount to the
department and shall deduct that amount from the amount paid to the producer or
other person selling milk in the same manner and under the same procedures as
set forth in ORS 583.046. Any first handler, distributor, producer-distributor
or licensee who refuses to make the deduction shall pay the itemized amount to
the department.
     (3) Subsection (2) of this section does
not relieve the producer or person requesting the services from being primarily
responsible for payment to the department. The department may take all actions
necessary to collect the amount due against the producer or person requesting
the services. [1965 c.474 §4; 1999 c.197 §59]
     621.750
Sampling and testing; payment adjustments; rules. The State Department of Agriculture shall
promulgate rules including but not limited to the following:
     (1) Any producer may request the
department to make an official milk fat content test of the milk the producer
is selling to a dealer, milk handler or purchaser of milk. Official sample test
periods used by the department shall correspond to the testing periods used by
the dealer, handler or purchaser. At the time that the grader samples the milk,
each sample shall be split. One portion of the split sample shall be placed in
a separate container furnished and approved by the department. The container
shall be sealed as required by the department and signed or initialed by both
the producer and the grader. The split sample shall be forwarded by the dealer,
handler or purchaser to the department at the expense of the producer and as
prescribed by rules of the department. The department shall combine the samples
for the period involved and make the official test requested of the composite
group of samples. The department shall forward a copy of the test to the
producer and a copy shall be mailed to the dealer, handler or purchaser
submitting the sample. If the test performed and carried out by the department
varies by more than one-tenth of one percent from the test made by the dealer,
handler or purchaser, within the time prescribed by the department the dealer,
handler or purchaser shall adjust and make proper payments to the producer
based upon the official tests made by the department.
     (2) The department shall allow similar
official testing for milk fat to be made available to any other person subject
to this chapter and ORS chapter 583. [1965 c.474 §5; 1999 c.197 §60]
     621.754 [1965 c.474 §6; repealed by 1999 c.197 §61]
     621.755 [Repealed by 1953 c.686 §37]
     621.760 [Repealed by 1953 c.686 §37]
     621.765 [Repealed by 1953 c.686 §37]
     621.770 [Repealed by 1953 c.686 §37]
     621.775 [Repealed by 1953 c.686 §37]
     621.785 [Repealed by 1953 c.686 §37]
     621.790 [Repealed by 1953 c.686 §37]
PENALTIES
     621.990 [Amended by 1953 c.684 §12; subsection (4)
enacted as 1953 c.686 §31; subsection (9) of 1963 Replacement Part enacted as
1955 c.714 §5; 1965 c.107 §4; subsection (10) enacted as 1965 c.474 §7;
subsection (11) enacted as 1969 c.164 §6; subsection (12) enacted as 1969 c.149
§5; repealed by 1999 c.197 §61]
     621.991
Penalties. Violation of any
provision of ORS 621.056, 621.057, 621.062, 621.070, 621.072, 621.076, 621.084,
621.088, 621.117, 621.122, 621.124, 621.161, 621.166, 621.183, 621.198,
621.207, 621.226, 621.259, 621.335, 621.340, 621.345, 621.418, 621.445 or
621.730 or any rule or standard adopted under ORS 621.060, 621.083, 621.096,
621.224 or 621.261, or failure to pay a fee assessed under ORS 621.166, is an
unclassified misdemeanor punishable by a fine of not more than $1,000,
imprisonment for not more than one year, or both. [1999 c.197 §5]
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