2007 Oregon Code - Chapter 628 :: Chapter 628 - Refrigerated Locker Plants
Chapter 628 —
Refrigerated Locker Plants
2007 EDITION
REFRIGERATED LOCKER PLANTS
FOOD AND OTHER COMMODITIES
628.210Â Â Â Â Definitions
for ORS 628.210 to 628.370
628.220Â Â Â Â License
required for locker plant business
628.230Â Â Â Â Application
for and issuance of license; rules
628.240Â Â Â Â License
fees; disposition
628.250Â Â Â Â Refusal,
revocation or suspension of licenses
628.260Â Â Â Â Furnishing
copies of law to applicants for licenses; posting copy
628.270Â Â Â Â Prohibition
against employees with communicable disease in plant; health certificate; rules
628.280Â Â Â Â Inspection
of plants; maintenance in sanitary condition
628.290Â Â Â Â Sanitary
and safety requirements
628.300Â Â Â Â Maintaining
uniform temperatures; records
628.310Â Â Â Â Use
of nontoxic marking
628.320Â Â Â Â Inspection
of food; storage outside lockers
628.330Â Â Â Â Fresh
meats, identification and chilling
628.340Â Â Â Â Fish
and wild game
628.350Â Â Â Â Rules
and regulations
628.360Â Â Â Â Owners
and operators of locker plants not warehousemen
628.370Â Â Â Â Jurisdiction
and prosecution of violations of ORS 628.210 to 628.370
628.990Â Â Â Â Penalties
     628.010 [Repealed by 1953 c.114 §2]
     628.020 [Repealed by 1953 c.114 §2]
     628.030 [Repealed by 1953 c.114 §2]
     628.040 [Repealed by 1953 c.114 §2]
     628.050 [Repealed by 1953 c.114 §2]
     628.060 [Repealed by 1953 c.114 §2]
     628.070 [Repealed by 1953 c.114 §2]
     628.080 [Repealed by 1953 c.114 §2]
     628.210
Definitions for ORS 628.210 to 628.370. As used in ORS 628.210 to 628.370, unless the context requires
otherwise:
     (1) “Clean,” “healthful” and “sanitary”
mean free of flies and other insects, rodents, dusts, dirt, decomposed
material, mold, odors or any condition which would in any way contaminate the
food products stored.
     (2) “Department” means the State
Department of Agriculture.
     (3) “Person” includes any individual,
partnership, corporation, association, cooperative association, county,
municipality or other entity engaging in the business of operating or owning a
refrigerated locker plant or offering the services thereof, as described in
subsections (4) and (5) of this section.
     (4) “Refrigerated locker” or “locker”
means a separate, individual compartment in a refrigerated locker plant,
wherein food may be placed and kept in frozen food storage.
     (5) “Refrigerated locker plant” or “locker
plant” means any place, premises or establishment in which separate and
individual compartments for the frozen food storage and preservation of food
for human consumption are offered to the public upon a rental or other basis
providing compensation to the person offering such services.
     628.220
License required for locker plant business. No person shall engage within this state in the business of owning or
operating any refrigerated locker plant or offering the services of such plant
without having obtained from the State Department of Agriculture a license for
each such place of business. The licensee shall at all times maintain the
license conspicuously displayed in the licensed plant.
     628.230
Application for and issuance of license; rules. Application for the license required by ORS
628.220 shall be made to the State Department of Agriculture in writing
containing such information and in such form as may be prescribed by the
department. The license is not transferable and does not authorize the conduct
of any refrigerated locker business at any address other than that stated in
the application. Licenses shall be issued for the fiscal year commencing on
July 1 and ending on June 30 next following or for such period as may be
specified by department rule. [Amended by 2007 c.768 §33]
     628.240
License fees; disposition.
(1) The license fee for a refrigerated locker plant is $100.
     (2) If the license is issued after January
1 but before June 30 of the same year, the license fee shall be one-half of the
fee provided in subsection (1) of this section.
     (3) All fees received by the State
Department of Agriculture pursuant to ORS 628.210 to 628.370 shall be deposited
in the Department of Agriculture Service Fund and are continuously appropriated
to the department for the purpose of administering and enforcing those
sections. [Amended by 1955 c.174 §1; 1979 c.183 §3; 1979 c.499 §26a; 1991 c.632
§7]
     628.250
Refusal, revocation or suspension of licenses. The State Department of Agriculture, acting
through the Director of Agriculture or the division chief of the department in
charge of the inspection of refrigerated locker plants, may refuse, revoke or
suspend any license issued pursuant to ORS 628.220 to 628.240 upon finding,
after a hearing had in conformance with ORS chapter 183, that:
     (1) The licensee has violated any
provision of ORS 628.210 to 628.370 or any other law of Oregon relating to the
operation of refrigerated locker plants or frozen food storage plants or the
handling or sale of any food for human consumption or has violated any rule or
regulation promulgated by the department.
     (2) The building, room, basement or cellar
occupied by the refrigerated locker plant is not properly lighted, drained,
plumbed, ventilated and maintained in a clean, healthful and sanitary
condition.
     (3) The floors, walls or ceilings of the
refrigerated locker plant or the furniture, receptacles, implements or
machinery used in the locker plant are not maintained in a clean, healthful and
sanitary condition. [Amended by 1961 c.425 §15]
     628.260
Furnishing copies of law to applicants for licenses; posting copy. Two copies of ORS 628.210 to 628.370 and
628.990 (2) shall be furnished each applicant for a license. One copy shall be
posted in a conspicuous place in the plant operated by the licensee.
     628.270
Prohibition against employees with communicable disease in plant; health certificate;
rules. (1) The Department of
Human Services may, by rule, define certain communicable diseases which may be
spread to the public through the handling of food in refrigerated locker
plants.
     (2) No person who has a communicable or
infectious disease described in subsection (1) of this section shall be
permitted to work in or about any refrigerated locker plant or to handle any
food in connection with the operation of such plant.
     (3) In the discretion of the State
Department of Agriculture, an employee of a locker plant may be required to
furnish a certificate of health from a physician duly accredited by the
Department of Human Services for the purpose of issuing such certificates. If
such certificate is required under municipal ordinance upon examination deemed
adequate by the Department of Human Services, a certificate issued in
compliance with such ordinance is sufficient under this section.
     (4) Any health certificate required by
this section shall be revoked by the Department of Human Services at any time
that the holder thereof is found, upon physical examination of such holder, to
have any communicable or infectious disease. Refusal of any person employed in
such locker plant to submit to proper and reasonable physical examination, upon
written demand by the Department of Human Services or the State Department of
Agriculture, is cause for revocation of the employeeÂ’s health certificate and
also is sufficient reason for revocation of the locker plantÂ’s license unless
the employee immediately is removed from any work or operation in or about such
locker plant involving the handling of food. [Amended by 1973 c.829 §56; 1989
c.224 §122]
     628.280
Inspection of plants; maintenance in sanitary condition. The State Department of Agriculture shall
cause a thorough inspection of every plant or establishment licensed under ORS
628.220 to 628.240 to be made periodically, to determine whether or not the
premises and equipment used in connection therewith are constructed, maintained
and operated in accordance with the requirements of ORS 628.210 to 628.370 and
with the rules and regulations of the department thereunder promulgated. Such
locker plants shall be maintained in a clean, healthful and sanitary condition
at all times.
     628.290
Sanitary and safety requirements. (1) Each refrigerated locker plant wherein food is handled, wrapped or
processed shall have available, and maintain in a clean, healthful and sanitary
condition, a washroom with hot and cold running water.
     (2) Each refrigerated room with a
temperature below 30 degrees Fahrenheit, if used by the public or accessible to
locker renters, shall be equipped with safety light or lights burning
continuously during all times when the plant is open and so located as to
assure easy exit from the refrigerated room. Switches for safety lights shall
be so located or installed that the public cannot regulate their “on” and “off”
positions.
     (3) Each refrigerated room with a
temperature below 12 degrees Fahrenheit, if used by the public or accessible to
locker renters, shall be equipped with a distress signal, plainly marked as
such for use by patrons. The distress signal alarm may be located at a place
outside the locker plant. The refrigerated room shall be accessible to the
public only at such times as an attendant is within hearing distance of the
distress signal alarm. The distress signal when activated shall perform
continuously until arrested by a second operation. The distress signal shall
produce a distinctive sound capable of being heard and distinguished by an
attendant from any other signal. The operator of the locker room or the
employee of the operator shall test the distress signal on each day on which
the public has access to the refrigerated room.
     (4) Subsection (3) of this section does
not apply if an operating extension telephone, plainly marked for use by
patrons as a distress signal, is located inside the refrigerated room at a
convenient height not to exceed four feet above floor level.
     (5) All refrigerator doors shall be so
constructed as to be opened from either the inside or outside of any room or
compartment to which they give access, and shall be so maintained as to assure
that such doors will open freely at all times.
     (6) All machinery or other devices
dangerous to the public shall be adequately covered and guarded to protect
locker room tenants against injury. [Amended by 1955 c.174 §2]
     628.300
Maintaining uniform temperatures; records. (1) The refrigeration system of a refrigerated locker plant shall be
equipped with accurate controls for the maintenance of uniform temperatures as
required in this section in the various refrigerated rooms of such plant and
shall be of adequate capacity to provide under extreme conditions of outside
temperatures and under peak load conditions in the normal operation of such
plant, the following temperatures in the following rooms respectively:
     (a) Chill room temperature shall be within
four degrees Fahrenheit plus or minus of 36 degrees above zero Fahrenheit, with
a tolerance of 10 degrees Fahrenheit for 24 hours after fresh food is put in
such room for chilling.
     (b) In all locker plants operating on July
5, 1947, the locker room temperature shall not exceed 12 degrees Fahrenheit plus.
In all locker plants, the construction of which is begun after July 5, 1947,
the locker room temperature shall not exceed five degrees Fahrenheit plus.
     (2) The temperatures required by
subsection (1) of this section shall not be construed as prohibiting variations
therefrom due to defrosting, power failure or any emergency breakdown.
     (3) An accurate direct reading thermometer
shall be maintained in the chill room. An accurate self-registering or
self-recording thermometer shall be maintained in each locker room or in each
series of rooms through which the same air circulates. The discs or other
temperature records made by such instruments shall be signed by the person in
charge of the plant and shall be preserved at such plant for at least one year from
the date of recording. Such temperature-recording equipment and the recordings
thereby made, are subject to inspection and testing by the State Department of
Agriculture to determine their accuracy.
     628.310
Use of nontoxic marking. In
applying marks directly to meat or other food products, the operator of a
refrigerated locker room shall use only nontoxic ink or other harmless
substance.
     628.320
Inspection of food; storage outside lockers. The operator or person in charge of a refrigerated locker room shall
have the right to inspect all food or any item before it is placed in any
locker. Nothing shall be stored outside of the lockers in a locker room without
being labeled and wrapped or otherwise properly covered.
     628.330
Fresh meats, identification and chilling. All fresh carcass meats on coming into custody or possession of the
operator or owner of a refrigerated locker plant shall be identified with
suitable tag or stamp and shall be placed in the chill room, unless previously
chilled, for at least 24 hours before removal to the cutting room.
     628.340
Fish and wild game. All fish
shall be so handled, placed and stored as to protect other stored foods and the
plant equipment from fish flavors and fish odors. Fish and wild game shall be
stored and handled only in conformity with fish and game laws of this state and
regulations thereunder promulgated. Owners, operators or persons in charge of
refrigerated locker plants shall not be held responsible or liable for
violations of such laws and regulations by locker tenants.
     628.350
Rules and regulations. The
State Department of Agriculture may make and enforce reasonable rules and
regulations to carry out the provisions of ORS 628.210 to 628.370.
     628.360
Owners and operators of locker plants not warehousemen. Persons who own or operate refrigerated
locker plants shall not be deemed to be warehousemen, nor shall receipts or
other instruments issued by such persons in the ordinary conduct of their
business be deemed to be negotiable warehouse receipts.
     628.370
Jurisdiction and prosecution of violations of ORS 628.210 to 628.370. Justice courts shall have concurrent
jurisdiction with the circuit court of all prosecutions arising under ORS
628.210 to 628.370. The district attorney may institute prosecutions for
violations of ORS 628.210 to 628.370 by information, or the prosecutions may be
instituted by indictment or complaint verified before any magistrate.
     628.380 [Amended by 1979 c.499 §27; repealed by 1987
c.905 §37]
     628.990
Penalties. Violation of ORS
628.210 to 628.370 is punishable, upon conviction, by a fine of not less than
$10 nor more than $1,000 or by imprisonment in the county jail for not more
than one year, or both. [Amended by
1953 c.114 §2]
_______________
CHAPTERS 629 TO 631
[Reserved for expansion]
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