Chapter 621 1991 EDITION Purity, Grades, Standards and Labels of Dairy Products and Substitutes DEFINITIONS; GENERAL PROVISIONS 611,006 Definitions MA10 Ruining violations of ORS 621. 086 to 611124 or 621. 151 to 01. 291 621. 015 , Disposition of license fees; appropriation 621. 020 Use of Ring Test or Whey Test for brucellosis GRADES AND STANDARDS OF QUALITY FOR FLUID MII. H 621, 066 Definitions for ORS 621. 055 to 621. 124 621. 060 Establishing standards of quality and identity 621. 062 Deviation from standard of identity pro- hibited 62L065 Designation of grades 621. 070 License required to use grade designation 621. 0` 72 Licensing to use grade designation- samp- ler and grader, fee; how determine 621. 077 Bacterial standards 621. 083 Procedures and equipment for graders 621.084 Weighing, sampling and testing fluid milk SMOM Milk not to be sold for human consump. tion; coloring defective milk 621. 088 Sale or possession of milk or cream to which water has been added 62LM Application of ORS 621. 066 to 621. 120 to person with only three cows or nine goats 621. 090 City milk ordinances; minimum state standards to be maintained 621.096 Application of ORS 621. 055 to 621. 120 to holder of permit or license where city milk ordinance in force 611. 100 Free movement of fluid milk within state; Inspection areas; cities prohibiting sale of unpasteurized fluid milk; emergencies 621102 Application and enforcement outside area of Jurisdiction of tests, findings, orders and notices of suspension of city or inspection agency 621. 106 Entry and use of fluid milk produced out- side state; reciprocal agreements MA15 Labeling requirements; bottling unpasteurized fluid milk from sale purchase during suspension; purchase from nonli- person 611.117 Distributor or producer - distributor may sell only milk that is pasteurized or from herd free of known disease; exception 621. 118 Pasteurization equipment; supervision by licensed Pasteurize operator 621118 Falsely representing milk pasteurized pro- 621120 Suspension of grade use privilege 611124 Milk not to be sold if from diseased ani- mals or from animals that have not been tested or retested for brucellosis DAIRY PRODUCTS PLANTS 621161 Title of ORS 621. 151 to 621.291 621. 152 Definitions for ORS 621. 151 to 621281 621156 Applicability of plant provisions to fluid mild and dairy products 621.161 Operation of dairy products plant , without license prohibited 621.168 Application for dairy products plant li- cense; fee; how determined; expiration 60.171 Issuance of license; renewal; suspension; revocation 621176 Standards of construction for dairy pro- ducts plants 621. 181 Standards of sanitation for operation of dairy products plant 621. 166 Sanitation of equipment 621198 Standards for farm bulk storage facilities GEU98 Prohibition against use or dealing with user of nonstandard bulk storage facilities 621201 Grades and standards of quality for milk and cream 621206 Licensee to employ grader 621.211 Test for sediment in milk and cream 621216 Record of grade of milk and cream graded 621. 221 Price differential between grades 621. 226 Condemnation of unlawful milk or cream 621291 Weighing, sampling and testing for milk fat content 621. 298 Regulations regarding weighing, sampling and testing 621241 Right of producer to be present at weigh- ing, sampling or testing and to have own tests made 621246 Liability of licensee for inaccurate weigh- ing, sampling, testing or recording, attor- ney fees 621261 Authority of department to take charge of weighing, sampling and testing upon noncompliance by licensee 621266 Pasteurization to be supervised by licensed pasteurizer operator 621261 Regulations regarding equipment used in pasteurization process 621266 Pasteurizer operator license; fee 621276 Licensees to show knowledge of and ability to comply with changes in laws or regu- lations 621. 281 Suspension or revocation of licenses issued under ORS 621266 621. 266 Prohibitions 01. 291 Applicability of ORS 621. 151 to 621286 to cities having their own system of in- spection and grading 621. 287 Certification of milk and dairy product testing laboratories; fee 49 - 57
Transcript
Chapter 621
1991 EDITION
Purity, Grades, Standards and Labels of Dairy Products andSubstitutes
DEFINITIONS; GENERAL PROVISIONS
611,006 Definitions
MA10 Ruining violations of ORS 621.086 to611124 or 621.151 to 01.291
621.015 , Disposition of license fees; appropriation
621.020 Use of Ring Test or Whey Test forbrucellosis
GRADES AND STANDARDS OF QUALITYFOR FLUID MII.H
621,066 Definitions for ORS 621.055 to 621. 124
621.060 Establishing standards of quality andidentity
621.062 Deviation from standard of identity pro- hibited
62L065 Designation of grades
621.070 License required to use grade designation
621.07̀2 Licensing to use grade designation- samp- ler and grader, fee; how determine
621.077 Bacterial standards
621.083 Procedures and equipment for graders
621.084 Weighing, sampling and testing fluid milkSMOM Milk not to be sold for human consump.
tion; coloring defective milk621.088 Sale or possession of milk or cream to
which water has been added
62LM Application of ORS 621.066 to 621. 120 toperson with only three cows or nine goats
621.090 City milk ordinances; minimum state
standards to be maintained
621.096 Application of ORS 621.055 to 621. 120 toholder of permit or license where city milkordinance in force
611.100 Free movement of fluid milk within state; Inspection areas; cities prohibiting sale ofunpasteurized fluid milk; emergencies
621102 Application and enforcement outside areaof Jurisdiction of tests, findings, orders andnotices of suspension of city or inspectionagency
621.106 Entry and use of fluid milk produced out- side state; reciprocal agreements
Sale of imitation milk in eating places; posting notice
Labeling containers of imitation milk
Labeling machine vending imitation
Substitute dairy products; use in tradename or advertisement of words indicatingproduct to be genuine
MIA40 Person selling imitation dairy products tokeep sales book record
621A45 Restrictions on serving colored buttersubstitute in public eating place
CONTAINERS
62L656 Definitions for ORS 621XM to 621. 666
621.661 Condemnation of unfit container and its` contents
621. 668 Prohibition against unauthorized removalof condemnation tag or marking or use ofcontainer or its contents
TESTING FOR MILS FAT CONTENT
621.720 Testing for milk fat content required
621.730 Department to provide testing, of purchase not to be terminated; remedy; attorney fees
621.740 Liability for payment of fees
62L750 Rules for testing6ZL754 ORS 621.720 to 621.754 supersede conflicting
statutes
PENALTIES
62LM Penalties
CROSS REFERENCES
Administration and enforcement of food and dairy lawsgenerally, 616.005 to 616.065
Administrative procedures and rules of state agencies, 183.310 to 183.550
Establishing grades and standards, inspection and clas- sification, 632.900 to 632.985
Legislative review of need for agency, 182.615Liquid and nonliquid commodities, restrictions upon
measuring quantities for sale, 618.206Milk marketing, production and distribution, Ch. 583
Product test reports, publication and distribution byState Department of Agriculture, 561.315
When dairy products deemed adulterated, 616.235
When dairy products deemed misbranded, 616.250
621.015
Expenditures without allotment prohibited in certaincases, 291-238
621. 661
Prohibitions against altering or removing seal, sign, stamp or similar object used by department, againstselling products from used containers bearing suchmarkings and against reusing, imitating orcounterfeiting markings used by department, 561220, 561230
621.880
Jurisdiction over prosecutions, 561.290
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DAIRY PRODUCTS AND SUBSTITUTES
DEFINITIONS; GENERAL PROVISIONS
621.005 Definitions. As used in thischapter, unless the context requires other- wise:
1) " Department" means the State De- partment of Agriculture.
2) " Director" means the Director of theState Department of Agriculture. [ Amended by1979 c.320 15; 1982 e.e. l c.4 1161
621.010 Restraining violations of ORS621.055 to 621.124 or 621.151 to 621.291. 1Xa) If the State Department of Agriculture
believes that any person is engaged in or isabout to engage in any act or practice whichis a violation of ORS 621.055 to 621. 124 or
621.151 to 621.291, the department may applyfor a temporary or permanent injunction re- straining the person from violating the pro- visions of those sections. The application forthe injunction may be made to the circuitcourt of any county in which the person isengaged in or is about to engage in the un- lawful act or practice, and such court has
jurisdiction to grant a temporary or perma- nent injunction without bond. No injunctionunder this section shall be granted withoutnotice to the person sought to be enjoined
unless it appears from facts shown by affida- vit that serious injury to the public healthwould result before the matter can be heardon notice, in which case the court may granta temporary injunction. The remedy providedthe department by this section is in additionto all other remedies, civil and criminal.
b) In case a temporary injunction isgranted without notice, in the contingencyspecified in paragraph ( a) of this subsection, the matter shall be made returnable on an
order requiring cause to be shown, on theearliest day that the business of the courtwill permit, but not later than seven daysfrom the date of such order, why the injunc- tion should not be continued. When the mat- ter first comes up for hearing after atemporary injunction has been granted with- out notice, the department must be ready toproceed and must have served upon the de- fendant, at least two days prior to such
hearing, a copy of the original or an
amended application for the temporary in- junction and of the affidavits to be used insupport of such application; if the depart-
ment is not ready, or if the department failsto serve the defendant with a copy of theapplication and affidavits as required, the
court shall dissolve the temporary Miunc- tion. The defendant, however, shall be enti- tled to one continuance for a reasonableperiod, if the defendant desires it, to enablethe defendant to meet the application for thetemporary injunction. The defendant may, inresponse to such order to show cause, pres-
ent affidavits relating to the matter, and if
w i1{;
such affidavits are served on the departmentat least two days prior to the hearing, thedepartment shall not be entitled to any con- tinuance on account thereof. On the dayupon which the matter is made returnable on
an order to show cause, such hearing shalltake precedence over all other matters on
the calendar of said day, except older mattersof the same character, and matters to which
special precedence may be given by law. When the cause is at issue it shall be set fortrial at the earliest possible date and shalltake precedence over all other cases, exceptolder matters of the same character, and
matters to which special precedence may begiven by law.
2) The sole method of procedure avail- able to an applicant or licensee where a li-
cense required by or issued under ORS621.055 to 621.124 or 621. 151 to 621.291 is re- fused, revoked or suspended is the procedureprovided in ORS 183.310 to 183.550; and theapplicant or licensee shall not be permittedto litigate collaterally, as a defense in a pro- ceeding for an injunction under subsection1) of this section, any matter concerning the
refusal to grant or the revocation or suspen-
sion of a license required by or issued underORS 621.055 to 621.124 or 621.151 to 621.291if the applicant or licensee was heard ormight have been heard on such matter di- rectly in an administrative hearing underORS 183.310 to 183.550, or on an appeal from
such hearing. [ 1955 014 §l; 1961 c.425 § 131
621.015 Disposition of license fees; ap- propriation. The department shall depositall fees paid to it under this chapter in theDepartment of Agriculture Service Find. Allsuch fees are continuously appropriated tothe department for the purpose of adminis-
tering and enforcing this chapter. [ 1963 c.48 § 2;
1979 x499 §231
621.020 Use of Rung Test or Whey Testfor brucellosis. Notwithstanding all otherlaws to the contrary, the department in lieuof blood testing of dairy-type animals forbrucellosis as provided or required by thischapter, may approve by regulation the pro- cedures, processes, practices, methods and
the use of the Ring Test or the Whey Test. 1957 c.346 § 61
GRADES AND STANDARDS OFQUALITY FOR FLUID MILK
621.055 Definitions for ORS 621.055 to621. 124. As used in ORS 621.055 to 621. 124, unless the context requires otherwise:
1) " Distributor" means a person pur-
chasing, only, unpasteurized fluid milk andcausing it to be processed, includingpasteurization, and bottled for distributionand sale for human consumption.
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621AM FOOD AND OTHER COMMODITIES
2) " Fluid milk" includes milk and anyother product made by the addition of anysubstance to milk or to any milk productwhich is produced, processed, distributed, sold, offered for sale or exposed for sale forhuman consumption in liquid form and shallinclude sterilized fluid milk products and thefluid milk products for which a standard ofidentity has been established by the depart- ment.
3) " Milk" means the lacteal secretion ofcows and goats.
4) " Nonprocessing distributor" means aperson who sells fluid milk in consumer sizedunits under the person' s own brand or tradename, which fluid milk has been processed
and packaged for such person by a distribu- tor or producer- distributor.
5) " Person" means and includes any in- dividual,
nd
partnership, association or corpo-
ration a agents.
6) " Producer" means a person engagedin the production on a dairy farm ofunpasteurized fluid milk, but who does notbottle fluid milk for distribution and sale forhuman consumption.
7) " Producer - distributor" means a personproducing unpasteurized fluid milk on adairy farm and bottling such milk, eitherpasteurized or unpasteurized, on the premiseswhere produced for distribution and sale forhuman consumption; but a producer -
distributor may purchase unpasteurized milkfrom a producer and distribute such milk af- ter pasteurization. [ Amended by 1955 014 §11; 1959c.346 § 2; 1981 c.623 § 21
621A60 Establishing standards of
quality and identity. ( 1) Official state
standards of quality shall be established bythe department for fluid milk, sterilized,
pasteurized and unpasteurized, in the manner
prescribed by ORS 632.900 to 632.935. 2) The standards of quality established
shall be based upon:
a) The health of the cows and goats;
b) The physical facilities of dairies and
milk processing plants;
c) The standard of sanitary maintenanceof dairies and milk processing plants includ- ing equipment used therein, the cleanlinessof operating personnel, and the cleanlinessof adjacent land areas;
d) The physical facilities for the trans- portation of fluid milk, and the methods and
standards of sanitary maintenance of suchfacilities;
e) The quality of the fluid milk as shownby an examination by means suitable to thedetermination of its quality, and also, the
factors affecting the nutritional value of fluidmilk as a human food; and
f) Any other factor found by the depart- ment, upon hearing, to affect the quality, odor, flavor or wholesomeness of fluid milk.
3) Definitions and standards of identityfor fluid milk and sterilized milk may be es- tablished by the department. [ Amended by 19'nc.769 § l; 1981 c.523 § 31
621.062 Deviation from standard ofidentity prohibited. No person shall proc- ess, distribute, sell, offer for sale or exposefor sale fluid milk which does not conform toa standard of identity established by the de- partment. [ 1959 c.346 §31
621.065 Designation of grades. Thereshall be two standards of quality establishedfor fluid milk. The highest standard of qual-
ity established for fluid milk shall be desig- nated as " grade A." The other standard of
quality shall be designated as " grade B." Amended by 1955 014 §121
621A70 License required to use gradedesignation. No person shall use any gradedesignation on bottle caps, in advertising, onlabels or in an other manner connected
with the sale of fluid milk, unless the personhas obtained from the department a license- to use the grade designation.
621.072 Licensing to use grade desig- nation; sampler and grader; fee; how de- termined. ( 1) The department shall issue alicense to use a grade designation to anyperson who makes written application for alicense on forms provided by the departmentand pays the designated license fee, is en- gaged in the business of producing or dis- tributing, or both, fluid milk, and meets therequirements of the particular grade desig- nation for which application is made. If aperson carries on both the activities of aproducer and of a producer - distributor suchperson shall obtain a separate license foreach such activit . Licenses issued underthis section shZ be personal and not
transferable.
2) Each distributor who receives milk inproducer containers shall designate at leastone plant employee who shall obtain a li-
cense from the department authorizing suchperson to take samples of milk for analysisby the department. Each milk hauler, milkreceiver or other person who grades fluid
milk as fit or unfit for processing as fluidmilk due to quality, odor, flavor or
wholesomeness shall first obtain a license
from the department authorizing such personto sample and grade fluid milk. The gradershall make a true written record of grade, the reason for rejection with the name of theproducer, the date of rejection and the quan- tity involved. A copy of the record shall be
49 -60
DAIRY PRODUCTS AND SUBSTITUTES
made available to the department. Each app-- plicant for a milk sampler's and grader's li- cense shall be required to demonstrate
satisfactorily by written examination givenby the department an adequate knowledge ofmilk sanitation as it relates to the sampling, Fand handling of fluid milk and creamfor analysis. Examinations for licenses shall
be given by the department at such timesand at such places as appears to be neces- sary and practical.
3) Before and after issuing a license toan establishment as a producer, producer -
distributor, distributor or nonprocessing dis- tributor of fluid milk the department shall as
it deems necessary insect the physical fa- cilities of the applicants dairy or plant andsuch other factors as may relate to the pro- duction or distribution of fluid milk. Thephysical facilities shall conform to the re- quirements for the production and distrib-
ution of fluid milk meeting the standards ofquality for which the license to use the par- ticular grade designation is sought.
4) Each license issued under this section
expires on June 30 next following the dateof its issuance unless sooner revoked andmay be renewed upon application of thelicensee. Each application for a license orannual renewal thereof shall be accompanied
by a license fee. The fees for the severaltypes of licenses shall be established by thedepartment in accordance with ORS 183.310to 183.550, and shall not be less than $25 normore than $750 for each category of activityspecified in subsection ( 5) of this section. The
license fees may be established at a specifiedamount for each category of activity, or maybe established on the basis of the annualgross dollar volume of sales or services ofeach establishment in each of the categories.
The license fees may be different for eachcategory. In establishing the basis and
amounts for the license fees the department
shall consider, among other things, the num- ber of establishments in each of the catego-
ries of activity, the various annual grossdollar volumes of business of the establish- ments, the differences in activities carried onat the establishments, and the cost of ad- ministration and enforcement of this chapter.
5) The license fees established by thedepartment, shall be for the following activ- ities:
Producer;
Producer- distributor;
Distributor;
Nonprocessing distributor; andMilk sampler and grader.
6) The department may refase to issueor renew, or may suspend or revoke a license
621.088
for any violation of ORS 621.055 to 621. 120or rule thereunder. [ Formerly 621.075; 1967 x254l; 1971 c.773 § 8; 1982 s.s.1 c.4 §7; 1991 c.632 § 41
62L074 Formerly 621.080; repealed by 1963 c.48 § 5162LO75 ( Amended by 1955 c.714 § 13; renumbered
6210721
621.077 Bacterial standards. All fluidmilk shall conform to the same bacterialstandards. [ Formerly 62L0821
621.080 [ Amended by 1959 c.145 § 9; renumbered62LO741
62L081 [ 1959 c.145 §§ 4, 5, 6, 8; 1963 c.48 § 3; 1971073 §9; 1979 020 §2; repealed by 1982 s. s. 1 c.4 § 141
62L062 ( 1955 014 §16; renumbered 621.0771
621.083 Procedures and equipment forgraders. The department shall establishstandards of procedure and acceptable types
of equipment which shall be used by gradersin taking and safeguarding samples of milkfor analysis. [ 1959 c.145 § 7; 1979 c.320 § 111
621.084 Weighing, sampling and test- ing fluid milk. Distributors and producer - distributors and all other purchasers of milkfrom producers shall weigh, sample and test
fluid milk purchased by them from producersin the same manner as milk and cream areweighed, sampled and tested under ORS621.231 to 621.251. [ 1955 014 §81
621.085 Milk not to be sold for humanconsumption; coloring defective milk.
Any fluid milk which contains sediment inexcess of the sediment toleration for fluid
milk established by the department or whichcontains other foreign matter or deleterioussubstance which renders it unfit for humanconsumption shall be deemed to be unlawfulmilk and shall not be sold or offered for sale
for human consumption. Any person gradingfluid milk as unlawful shall immediately affixto the container thereof a condemnation tagwhich shall be in such form as the depart-
Ent may prescribe, and in addition shallrougghly mix with that milk such harmlesscoloring matter as will prevent the fluid
milk from being sold, offered or exposed forsale for human consumption.
621.088 Sale or possession of milk orcream to which water has been added. No producer, producer - distributor, distribu- tor, or nonprocessing distributor as definedby ORS 621.055, or licensee as defined byORS 621. 152, or a dairyman who produces
and sells milk for manufacturing purposes, an employee or agent thereof shall offer or
expose for sale, sell, exchange or deliver to
any person, the retail trade or other placesor have in possession or under control, withintent to sell, expose, deliver, purchase forresale or receive for manufacture, an milk
or cream to which water has been added, as
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621AN FOOD AND OTHER COMMODITIES
evidenced by official department laboratorytest, except as may be permitted by the de- partment in:
1) The reconstitution of fluid milk; or
2) The transportation of the product
containing added water to a dairy productsplant, as defined in ORS 621. 152, for recoveryof the milk food solids. [ 1955 c.714 § 10, 1957 c.346
1; 1979 c.320 § 31
621JM Application of ORS 621.055 to
621.120 to person with only three cows ornine goats. The provisions of ORS 621.055
to 621. 120 do not apply to a person owningnot more than three dairy cows that havecalved at least once or nine goats that have
lactated at least once, but such person maysell the fluid milk from such animals for hu-
man or other consumption without complyingwith the provisions of ORS 621.055 to 621. 120only if:
1) The person does not advertise themilk for sale.
2) The milk is sold directly to the con- sumer at the premises where produced.
3) No more than two producing dairycows or nine producing goats are located onthe premises where the milk is produced. 1955 c.25 § 2; 1973 c.99 § 1; 1983 c.55 § 11
621.090 City milk ordinances; mini-
mum state standards to be maintained. ORS 621.055 to 621. 120 do not prohibit an
incorporated city from enacting and enforc- ing an ordinance establishing standards ofquality for fluid milk; except that the munic- ipal grade designations authorized by suchordinances must conform to the state grade
designations for fluid milk created by ORS621.065. The department shall investigate at
least once every two years the milk supplyof incorporated cities having in force suchordinances, to determine whether or not
minimum state standards of quality, at least, are being maintained. Whenever the depart- ment finds that the municipal standards are
not being maintained and enforced so as toequal, at least, the state standards of quality, it shall give written notification of that find-
ing to the chief administrative officer of thecity. If the department finds, not less than30 days after the date of the written notice,
that the municipal standards are not beingmaintained and enforced, the provisions ofORS 621.055 to 621.120 shall thereupon be-
come applicable to all persons selling, deliv- ering, producing or distributing fluid milk, or both, within the corporate limits of the
city. [ Amended by 1959 c.241 § 11
621.095 Application of ORS 621.055 to621.120 to holder of permit or licensewhere city milk ordinance in force. Theprovisions of ORS 621.055 to 621. 120 do notapply to any person holding a valid permit
or license to produce, distribute or sell fluid
milk within the corporate limits of a citywhich has enacted and is enforcing an ordi- nance the terms of which establish standards
of quality for fluid milk equal at least to thestandards established by the department pur- suant to ORS 621.060; exceppt as state regu- lations may become applicable to such
persons after withdrawal of state approval of
a city inspection system as provided in ORS621.090, and except as the provisions of ORS621. 100 shall also apply.
621.100 Free movement of fluid milkwithin state; inspection areas; cities pro-
hibiting sale of unpasteurized fluid milk; emergencies. ( 1) Subject to subsections ( 2)
to ( 5) of this section, the fluid milk of anyproducer operating under and complyingwith the system of fluid milk regulation au-
thorized by ORS 621.055 to 621.120 may betransported or sold any place in this stateirrespective of the fact that such transporta- tion or sale may be in an area operating un- der a system of inspection other than thatunder which it was produced.
2) A city having an approved system offluid milk inspection may inspect, on a per- manent basis, the dairy farm of any produceror any fluid milk produced thereon for thep ose of approving fluid milk for usewit the corporate limits of the city.
3) Whenever an individual producer is
supplying fluid milk to two or more citieseach having an approved system of in- spection, the department shall make a deter- mination, after conferring with authorizedrepresentatives of both cities, which city
shall carry on the inspection of the produc- er' s dairy farm and milk produced thereon, and in addition thereto shall make provisionfor the interchange of information between
the affected cities relating to the inspection. 4) Whenever fluid milk from several
producers is pooled and commingled prior to
movement for processing and bottling by dis- tributors operating under different inspectionsystems, the department, after confe
i
with all inspection agencies concerned, shallassign definite areas within which each af-
fected inspection agency may carry on in- spection if it wishes to do so, otherwise the
department shall carry on inspection of alldairy farms and fluid milk of producers fur- nishing milk to the pool.
5) Any city having an approved systemof fluid milk regulation may prohibit the salewithin the corporate limit of such city ofunpasteurized fluid milk except for the pur- pose of further processing, includingpasteurization.
6) In the event of an emergency creatinga milk shortage in any area, the department
49 -62
DAIRY PRODUCTS AND SUBSTITUTES 621.115
may also permit the transportation and salein such area of fluid milk prepared and
processed by producer - distributors or by dis- tributors without restriction and irrespectiveof the fact that such transportation or sale
may be in an area operating under a systemof inspection other than that under whichthe fluid milk was processed and bottled.
7) Nothing in this section shall be con- strued to affect the provisions of ORS chap- ter 583 [ 1953 edition].
621.102 Application and enforcementoutside area of jurisdiction of tests, findings, orders and notices of suspensionof city or inspection agency. ( 1) Notwith-
standing ORS 621.095, if a city or inspectionagency in the enforcement of an ordinance, rule or regulation, as authorized by ORS621.090 or 621. 100, issues any order affectinthe operations of any person holding a validpermit or license to produce, distribute orsell fluid milk or suspends the privilege ofsuch person to use a grade designation oncontainers of fluid milk, because of a vio- lation of an order, rule, regulation or ordi- nance and provided at the same time theperson violated minimum state standards or
the provisions of ORS 621.055 to 621. 124then such order or notice of suspension shallbe effective against the operations of such
person including the deliveries of fluid milkboth within and without the- limits of the cityor the area over which the inspection agencyhas jurisdiction.
2) If the city or the inspection agencylacks authority or jurisdiction because of thelocation of the person or the operations ofthe person, or for any other reason, then thedepartment hereby is authorized to use thesame identical city or inspection agencytests, inspection findings, orders or noticesof suspension as if they had been issued, promulgated or adopted by the departmentand the department has concurrent jurisdic- tion and authority to enforce them againstthe person named therein as if the person
had been operating subject to and had beenlicensed by the department under this chap- ter.
3) The violation by any person of anyorder or notice of suspension, enforceable bythe department as provided for in subsection
1) of this section, shall subject the person tothe same penalties as if the person had beenoperating subject to and had been licensedby the department. [ 1957 c.346 § 21
621.105 Entry and use of fluid milkproduced outside state; reciprocal agree-
ments. ( 1) The department may, for the pur- pose of assuring the people of this state acontinuous and adequate supply of whole- some and nutritious fluid milk, permit the
entry and use in this state of fluid milkproduced in other governmental units underthe conditions set forth in this section. Forthe purposes of this section the term " gov- ernmental unit" means and includes anystate, territory of the United States, or poli- tical subdivision of such state or territory.
2) The department shall investigate andsurvey the system of regulation of the fluidmilk industry in effect in the governmentalunit in which the fluid milk, for which entryis sought, is produced. The investigation
shall be made into all the factors relating tothe quality of fluid milk as prescribed in ORS621.060. Upon a determination by the depart- ment that the system of fluid milk regulationin effect in such governmental units is of a
nature that will reasonably assure that fluidmilk produced thereunder will be of a qualitysubstantially as high as fluid milk producedin this state, the department may issue apermit to any person operating under thatsystem for the movement of fluid milk intothis state.
3) Recognition by the department of thesystem of regulation and inspection of fluidmilk produced or processed in any othergovernmental unit shall only be granted incases where such other governmental unit
grants a reciprocal recognition to fluid milkproduced or processed in this state.
4) The department may give full faithand credit to the acts of any other govern- mental unit administering a system of fluidmilk regulation recognized by the depart- ment, suspending, temporarily or perma- nently, the right or privilege of any personunder the jurisdiction of such governmentalunit to produce or process fluid milk.
5) The department shall arrange with
any other governmental unit administering
and enforcing a system of fluid milk regu- lation recognized by the department for theexchange of information necessary to assurean uninterrupted interchange of wholesomeand nutritious fluid milk between such gov- ernmental unit and this state.
6) Nothing in this section shall be con- strued to interfere with the operations andeffect of ORS chapter 583 [ 1953 edition].
621110 [ Repealed by 1979 x320 § 191
621. 115 Labeling requirements; bottl- ing unpasteurizei fluid milk; sale or pur- chase during suspension; ppurchase fromnonlicensed person. ( 1) No person shallsell, expose for sale, offer for sale or know- ingly transport fluid milk in containers:
a) Which has been produced and proc-
essed by a person who has not first obtaineda license to use a state grade designation onfluid milk produced or processed by the per- son.
49 -63
621.117 FOOD AND OTHER COMMODITIES
b) Which is not labeled on the container
or container cap with the name and addressof the producer, distributor, nonprocessingdistributor or producer - distributor of themilk and the applicable state grade; exceptthat containers of unpasteurized fluid milk
shipped by producers to a milk plant forpasteurization and which are identified byshipper name or number shall not be re- quired to be so labeled.
2) No person shall bottle unpasteurizedfluid milk except on the premises where it isproduced.
3) No producer or a producer - distributor
shall sell or offer for sale fluid milk duringthe period while such producer' s or
producer - distributor' s license to use a gradedesignation on fluid milk has been suspendedunder ORS 621. 120.
4) No distributor shall knowingly pur- chase fluid milk from any person whose li- cense to use a grade designation has beensuspended under ORS 621. 120.
5) No distributor shall knowingly pur- chase fluid milk from any person who hasnot received a license under ORS 621.072.
6) Each container of fluid milk sold, ex-
posed for sale, or offered for sale, by a non- processing distributor shall be labeled on thecontainer or on the container cap with eitherthe name and address of the distributor or
producer - distributor processing and bottlingthe fluid milk or with a code number, as-
signed by the department, identifying suchdistributor or producer - distributor. [ Amended
by 1955 c.714 § 141
621. 117 Distributor or producer -
distributor may sell only milk that ispasteurized or from herd free of knowndisease; exception. No distributor or
producer - distributor shall sell, offer or expose
for sale any fluid milk for human consump- tion which has not been pasteurized or
produced by a herd free of known disease, except that when not more than one reactor
animal appears when the herd is tested for
brucellosis, milk may still be sold if the ani- mal is slaughtered and herd retested as pro- vided in ORS chapter 596 and regulationspromulgated thereunder and no additional
reactors appear. If one or more additionalreactors appear in successive tests, no milk
may be sold from this herd until the herdregains a brucellosis -free status. [ 1955 c.714
supervision by licensed pasteurizer oper- ator. (1) Where pasteurization equipment is
used by a distributor or producer - distributor, the pasteurization process shall be under thedirect supervision of a pasteurizer operator
licensed under ORS 621.266, and the pro-
visions of ORS 621.261, 621.266 and 621.276apply to such pasteurizer operator and thepasteurization process. If the pasteurizer op- erator fails to comply with the regulationspromulgated by the department under ORS621.261, the license of the pasteurizer opera-
tor may be revoked or suspended or other- wise limited.
2) No distributor or producer- distributor
shall operate or permit the operation of anypasteurization equipment except under thedirect personal supervision of a person li- censed as a pasteurizer operator under' ORS621.266. [ 1955 014 §9( 1), ( 2))
621.119 Falsely representing milk
Fpasteurized prohibited. No person shalla represent by word, design, device or
by any other means that any fluid milk hasbeen pasteurized. [ 1955 014 §9(4))
621.120 Suspension of grade use privi- lege. ( 1) In addition to the powers conferredon the department pursuant to ORS 621.055to 621. 115, the department may suspend theprivilege of any person to use a grade desig- nation on containers of fluid milk producedor distributed by the person. The power ofsuspension may be exercised by the depart- ment for any violation of ORS 621.055 to621.120, or of the regulations promulgated
under the authority of those sections. 2) No suspension shall be for a period
longer than 10 days; except that in all casesthe department shall assure itself that theviolation for which the suspension was im-
posed has been corrected by the personagainst whom it was imposed before the sus- pension is lifted.
3) No suspension shall be imposed unlessthe department has, within the six months
immediately preceding the violation forwhich the suspension is to be imposed, first
notified in writing the person to be sus- pended that a further violation of the same
character will be grounds for suspension bythe department. The notice of suspension
shall be in writing and shall state length ofthe suspension and the reason for the sus- pension.
4) The provisions of ORS 183.310 to183.550 do not apply to suspensions imposedunder authority of this section, however, ap- peal shall be in the manner provided by ORS183.480 to 183.550. Nothing in this sub- section shall be construed to deprive anyperson of the right to present any defensethe person may have to a criminal prose- cution instituted for violation of ORS 621.055to 621. 115, nor shall it deprive the person of
the right to a declaratory judgment in aproper case. [ Amended by 1961 c.425 § 14; 1979 c.320
41
49 -64
DAIRY PRODUCTS AND SUBSTITUTES
621. 124 Milk not to be sold if fromdiseased animals or from animals thathave not been tested or retested forbrucellosis. ( 1) As used in this sectiontest" means a test for brucellosis performed
by a veterinarian in a manner approved bythe department.
2) The tests required by this sectionshall only be made by state, assistant stateor deputy state veterinarians employed orappointed by the department, or
veterinarians employed by the United StatesDepartment of Agriculture.
3) No person shall sell, offer or expose
for sale any fluid milk with knowledge thatsuch milk has been produced from a herd ofcows or goats one or more of which are in- fected with brucellosis at the time the milkwas produced, or with knowledge that allanimals in such herd have not been testedor retested for brucellosis. [ 1957 c.346 § 5 ( enactedin lieu of 621.125)]
681126 [ Amended by 1955 a14 R; repealed by 1957c.346 § 4 ( 621. 124 enacted in lieu of 621. 125)]
DAIRY PRODUCTS PLANTS
621.151 Title of ORS 621.151 to 621.291. ORS 621.151 to 621.291 shall be known and
may be cited as the Oregon Dairy ProductsPlant Act. [ 1953 a w §30]
621.152 Definitions for ORS 621.151 to621.291. As used in ORS 621. 151 to 621.291, unless the context requires otherwise:
1) " Contract milk hauler" means a per- son who, under the terms of a contract or
agreement for hire or pay, accepts and
transports bulk milk from the premises of
milk producers, receiving or transfer stationsto milk or other dairy products plants.
2) " Cream" means that portion of milkwhich consists of milk fat.
3) " Dairy products" means butter, all
known varieties of cheese, frozen desserts
and frozen dessert mixes containing milk, cream or nonfat milk solids; and evaporated,
condensed, concentrated, powdered, dried orfermented milk, whey, cream or skimmed
milk processed for human consumption.
4) " Dairy products plant" means: a) Any establishment in which milk is
received, processed or used in manufacturingdairy products for human consumption.
b) Any place or premises in or at whichmilk is received or collected.
c) Any contract milk hauler, or personhaving mobile equipment, including bulktank truck, used in the transportation ofmilk or cream.
621.161
d) Any nonprocessing cooperative, cor- poration, association or person serving as amarketing agent for producers.
5) " Department" means the State De- partment of Agriculture.
6) " Disease -free herd" shall mean a herdof cows or goats which is not an infectedherd as defined in this subsection. " Infectedherd" shall mean a herd of cows or goats inwhich a reactor animal has been discoveredby any of the tests authorized by law, andwhich has not regained its disease -free status
following such slaughter of reactor animalsand retesting of the herd as may be re-
scribed by the department pursuant to ORSchapter 596 or other applicable law.
7) " Licensee" means a person licensed tooperate a dairy products plant pursuant tothe provisions of ORS 621. 151 to 621.291.
8) " Milk" means the lacteal secretion ofcows or goats.
9) " Milk hauler or receiver" means a
person who, in the course of employment, accepts bulk milk or milk products from a
producer, milk plant, receiving or transferstation, and transports such commodity to amilk or dairy products plant.
10) " Pasteurize" means the process es-
tablished by the department pursuant to ORS621.261, by which each particle of milk, cream or any dairy product is treated, usu- ally by heat, for the purpose of destroying orrendering harmless bacterial organisms, in- cluding pathogenic organisms and viruses.
11) " Producer" means a person who
produces milk to be sold to a daisy productsplant.
12) " Unreasonable amount of sediment" means milk or cream which contains more
than two and one -half milligrams of sediment
as measured by the sediment standards es- tablished by the United States Departmentof Agriculture or similar method approved bythe department. [ 1953 x686 § 1; 1957 c_346 § 7; 1963c.80 § 1; 1969 x164 §4; 1971 x769 §2; 1981 c.523 § 41
621.156 [ Repealed by 1953 x686 § 371
621.156 Applicability of plant pro- visions to fluid milk and dairy products. ORS 621.084, 621. 117, 621.118, 621. 119, 621.201, 621.206, 621.216, 621.226 and 621.266,
are applicable to the statutes relating to bothfluid milk as defined in ORS 621.055 anddairy products as defined in ORS 621.152. 1953 x686 §29; 1955 c.714 § 6; 1971 x769 §3; 1979 x320 §5; 1982 s.9. 1 c.4 § 81
621160 [ Repealed by 1953 x686 §371
621. 161 Operation of dairy productsplant without license prohibited. No per- son shall engage in any of the activities inthe operation of a dairy products plant un- less that person has a valid dairy products
49 -65
62IA66 FOOD AND OTHER COMMODITIES
plant license. A separate plant license shall
be obtained for each plant operated by aperson at which dairy products are proc- essed. No person shall be required to obtaina license while acting as a milk hauler orreceiver, or for receiving or transfer stationsoperated in conjunction with a processingplant. [ 1953 x686 §2; 1971 c.769 § 41
621165 [ Repealed by 1953 x686 §371
621.166 Application for dairy productsplant license; fee; how determined; expi- ration. (1) Application for a daisy productsplant license shall be made to the depart-
ment on forms provided by the department. Each license and each annual renewal shall
expire on June 30 next following its issuance. Licenses issued under this section are per- sonal and are not transferable.
2) Each dairy products plant and eachcontract milk hauler shall submit an addi-
tional fee established by the department foreach mobile milk tanker. The additional fees
shall not apply to any mobile milk tankerowned and operated by any dairy productsplant while transporting dairy products, asdefined in ORS 621.152 ( 3), from such dairyproducts plant to wholesale or retail outletsfor the purpose of sale thereof. For the pur- poses of this subsection " mobile milk
tanker" means each individual tank or con- tainer used to transport fluid milk, milk ormilk products.
3) The license fees shall be establishedby the department in accordance with ORS183.310 to 183.550, and shall not be less than25 nor more than $ 750 for each establish-
ment. The license fees may be established ata specified amount for each category of ac- tivity described in ORS 621. 152 ( 4), or maybe established on the basis of the annualgross dollar volume of sales or services ofeach establishment in each of the categories.
The license fees may be different for eachcategory. In establishing the basis and
amounts for the license fees the departmentshall consider, among other things, the num- ber of establishments in each category of ac- tivities described in ORS 621. 152 ( 4), thevarious annual gross dollar volumes of busi- ness of the establishments, and the costs of
621.171 Issuance of license; renewal; suspension; revocation. (1) The department
shall issue the dairy products plant licensewhen it determines that the dairy productsplant to be operated by the applicant is incompliance with the provisions of ORS621.151 to 621.291 and the regulations issued
under its authority.
2) The department may refuse to issueor renew or may revoke or suspend the li- cense of any person who fails to comply withthe provisions of ORS 621.151 to 621.291 andthe regulations promulgated under it. [ 1953c.686 $ 4]
621176 [ lepeal A by 1953 c.686 § 37]
621.176 Standards of construction fordairy products plants. For the purpose ofassuring that the handling and processing ofdairy products is conducted in a sanitary en- vironment which will protect dairy productshandled, processed or stored from contam- ination, the department shall prescribe mini- mum standards of construction for dairyproducts plants, including but not limited to, the following:
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, proc- essing and storage functions. [ 1953 e686 § 51
621180 [ Repealed by 1953 c.686 § 371
621.181 Standards of sanitation foroperation of dairy products plant. The de- partment shall prescribe minimum standards
of sanitation for the operation of dairy pro- ducts plants including, but not limited to, thefollowing:
1) Washing, cleaning, maintenance andcondition of floors, walls and ceilings of all
rooms directly connected with the handling, processing and storage of dairy products, andthe equipment used therein, including mobileequipment used in transportation of milk orcream from farm to plant or between plants.
2) Health and cleanliness of personnel.
3) Cleanliness and sanitation of sur-
rounding premises.
4) Disposal of all waste and sewage ma- terial.
5) Insect and rodent control. [ 1953 c.686 § 61
621186 [ Repealed by 1953 x686 §371
621.186 Sanitation of equipment. ( 1) The cans or other containers in which milkand milk products are stored, received,
transported or delivered by any person shallbe thoroughly washed, sterilized and driedafter emptying and before being used again.
2) Subsection ( 1) of this section is appli- cable to utensils, apparatus or equipment
used by a licensee for any purpose other thanthat of handling milk and milk products.
3) The inside surfaces of any equipment, apparatus or container which comes in con-
tact with milk or its products shall be
49 -66
DAIRY PRODUCTS AND SUBSTITUTES
smooth, readily cleanable, free from openseams cracks; crevices and rust spots. [ 1953
621.193 Standards for farm bulk stor- age facilities. In accordance with any appli- cable provisions of ORS 183. 310 to 183.550, the department shall promulgate rules pre-
scribing standards of construction and sani- tation for bulk storage tanks, equipment,
buildings and other facilities used by pro- ducers to store milk that is to be sold to a
dairy products plant. Such standards of con- struction and sanitation are for the purpose
of insuring the wholesomeness of dairy pro- ducts, and may include, but are not limitedto:
1) Size, location, construction and sani- tation of bulk storage tanks, equipment,
buildings and other facilities.
2) Lighting and ventilation. 3) Water supply. 4) Cooling equipment. [ 1969 c.164 § 21
dealing with user of nonstandard bulkstorage facilities. ( 1) No producer shall
store milk that is to be sold to a dairy pro- ducts plant, in bulk storage tanks, equip- ment, buildings or other facilities that do notconform to the standards prescribed pursuantto ORS 621.193.
2) No licensee shall receive or purchasemilk from a producer, that is stored in bulkstorage tanks, equipment, buildings or otherfacilities that do not conform to the stand- ards prescribed pursuant to ORS 621.193. 1969 x164 631
621.200 ( Repealed by 1953 c.686 § 371
621.201 Grades and standards of qual-
ity for milk and cream. (1) The department
shall establish by rule, as provided in ORS183.310 to 183.550, official state grades andstandards of quality applicable to all milkand official state standards of quality appli- cable to the several grades of cream. Theseveral grades of cream shall be known, in
descending order of quality, as: Premiumgrade, first grade and second grade. Separatereasonable grades and standards shall be es- tablished for milk and separate reasonablestandards shall be established for each gradeof cream. The grades and standards shall bebased upon:
a) Bacteriological examination or test of
milk by the method known as the methyleneblue test, or by other reliable methods.
b) Sediment content.
c) Acid content.
d) Flavor.
e) Odor.
f) Condition of cleanliness.
g) Wholesomeness.
621.221
2) The grades and standards for milk andthe standards for the grades of cream mayfrom time to time be changed by the depart- ment as provided in subsection ( 1) of thissection. [ 1953 c.686 § 10; 1955 c118 § 1; 1979 c.91 § 11
621.205 [ Repealed by 1953 x686 §371
621206 Licensee to employ grader. Each licensee shall employ a grader whoshall accurately and impartially grade allmilk purchased by the licensee from produc- ers before it is commingled with other milk
or otherwise loses its identity. [ M c.686 § 11, 1979 c320 § 121
621210 [ Repealed by 1953 c.686 § 371
621.211 Test for sediment in milk andcream. A test to determine the amount andnature of sediment in milk or cream shall bemade by a grader on the first milk or creampurchased or received from a producer. If thetest reveals no unreasonable amount ofsediment, no further sediment test need bemade on the milk or cream purchased or re-
ceived from that producer during the follow - ing 30 days, but at least one test forsediment content shall be made each 30 dayson milk or cream purchased or received fromeach producer. However, a grader may makea sediment test of milk or cream any timethe grader has reason to believe it containsan unreasonable amount of sediment or thatsuch test otherwise is advisable. [ 1953 c.686 § 15; 1979 020 §161
621.215 [ Repealed by 1953 c.686 § 371
621.216 Record of grade of milk andcream graded. The grader shall make a truewritten record of the grade of all milk graded
by the grader. The record shall also show thename of the producer, the date of deliveryand of grading, and the quantity involved. The record shall be delivered to and retainedby the licensee for 30 days and shall beavailable for inspection by the producer ofthe milk and by the department. [ 1953 c.686 § 12;
1979 x320 §141
621220 [Repealed by 1953 c.686 § 371
621.221 Price differential betweengrades. ( 1) A price differential between theseveral grades of milk and cream shall bemaintained by the licensee for all milk andcream purchased by the licensee directlyfrom the producer. The differential shall becomputed as provided in subsection ( 2) of
this section. The producer of milk or cream
purchased by a licensee shall be paid on thebasis of the applicable grades.
49 -67
621.226 FOOD AND OTHER COMMODITIES
2) The price differential between the se- veral grades of milk shall not be less thanfive percent of the price paid for milk of thenext hiThest grade. The price differential be- tween the several grades of cream shall benot less than three cents per pound ofbutterfat between premium and first gradecream and not less than five cents per poundof butterfat between first grade and secondgrade cream.
3) The licensee shall post in a conspicu- ous place, at each place where milk or cream
is received by the licensee for purchase, theprices currently being paid for the severalgrades of milk or cream. The department
may inspect at reasonable times and in areasonable manner those books, records andaccounts of any dairy products plant that re- late to the payments made by the licensee toproducers for milk or cream purchased bythe licensee to determine whether or not thepayments have been made in compliancewith the provisions of this section. [ 1953 c.686
13; 1955 cells §21
621.225 [ Repealed by 1953 x686 §371
621.226 Condemnation of unlawful
milk or cream. ( 1) Whenever a grader de-
termines that any milk or cream is unlawful, he shall immediately affix to its container acondemnation tag. Condemnation tags shall
be in such form as prescribed by the depart- ment. The grader shall also thoroughly mixwith the condemned milk or cream some
harmless coloring matter. 2) As used in this section the term " un-
lawful milk or cream" means:
a) Milk or cream which contains dirt,
filth, oil or other foreign matter which mayrender them, or dairy products from them, unfit for human consumption.
b) Milk or cream which is stale, cheesy, rancid, putrid, decomposed or actively foam- ing.
c) Milk or cream which contains an un-
reasonable amount of sediment of any kind. 11953 x686 §141
621. 90 [ Repealed by 1953 c.686 § 371
621.231 Weighing, sampling and test. ing for milk fat content. ( 1) All milk andcream purchased from producers not subjectto subsection ( 4) of this section by thelicensee shall be accurately tested by thelicensee for its milk fat content by means ofthe method known to the industry as theBabcock Test," or any equally accurate and
efficient test approved by the department. 2) Each delivery of cream not subject to
subsection ( 4) of this section shall beweighed, sampled and tested at time of de-
livery.
3) Each delivery of milk not subject tosubsection ( 4) of this section shall be
weighed and sampled at time of delivery andshall be tested by means of an individualsample or a composite sample made up froma representative sample from each deliveryof milk. The composite sample shall be madeat intervals not to exceed 16 days.
4) When milk is sampled on the farm
from a bulk milk storage tank for testing, thesam ling frequency shall be established byreations promulgated by the department. 19 a686 § 18; 1959 al § 11
621.236 Regulations regarding weigh- ing, sampling and testing. (1) The depart-
ment shall promulgate regulations relating tothe weighing, sam ling and testing of milkand cream on the following:
a) The procedure and method of con -
ducting the test required by ORS 621.231 ( 1), including the proper equipment to be used toassure uniformity and accuracy.
b) The method of identification andpreservation of samples of milk and cream.
c) The method and frequency of weigh- ing and sampling milk and cream.
d) The making and preservation of re- cords of the amount, grade and test of milkand cream received from individual produc- ers.
2) Subsection ( 1) of this section shall notbe construed as a limitation on the authorityof the department to make other necessaryregulations. [ 1953 x686 §19; 1959 x144 §21
621.241 Right of producer to be pres-
ent at weighing, sampling or testing andto have own tests made. The producer ofmilk or cream, or the producer's agent, hasthe right to be present while the licenseeweighs, samples or tests the milk or creamand to take samples of the milk or cream ana
have them privately tested. At the requestof any producer, a dairy products plant shallnotify the producer of the time and placewhere the milk or cream will be weighed, sampled or tested. [ 1953 x686 §201
621.246 Liability of licensee for inac- curate weighing, sampling, testing or re- cording; attorney fees. If a producer isdamaged by an inaccurate weighing, sam- pling or testing of milk or cream by alicensee or by the inaccurate recording ofthe results of any test, the producer may, ifaction or suit is brought therefor, in addition
to damages, recover a reasonable attorneyfee at trial and on appeal to be fixed by thecourt. [ 1953 x686 §21; 1981 c.897 § 721
621.251 Authority of department totake charge of weighing, sampling andtesting upon noncompliance by licensee. The department, in lieu of revoking the li-
49 -68
DAIRY PRODUCTS AND SUBSTITUTES 621.276
cerise of any licensee, and with the licensee' swritten consent, may take charge of theweighing, sampling and testing of the milkor cream received or purchased by thelicensee. In this event, the department shallemploy competent personnel of its own
choice to perform the required weighing, sampling or testing. The salary and neces- sary expenses of such personnel shall be paidby the department, who shall be reimbursedby the licensee each month. The departmentshall continue in charge of the weighing, same and testing of the milk or creamreceived or purchased by the licensee untilsuch time as the department is satisfied thatthe licensee will and can comply with all theprovisions of ORS 621.151 to 621.291. Whenthe department is so satisfied, control of theweighing, sampling and testing shall be re- turned to the licensee. [ 1953 c.686 § 221
622255 [ Repealed by 1953 c.686 § 371
621266 Pasteurization to be super-
vised by licensed pasteurizer operator. Inall dairy products plants where
pasteurization equipment is operated, the
pasteurization process shall be under the di- rect supervision of a pasteurizer operator li- censed under ORS 621.266. [ 1953 e686 § 161
621260 [Repealed by 1953 0.686 § 371
621.261 Regulations regarding equip- ment used in pasteurization process. Thedepartment shall promulgate regulations pre- scribing the equipment to be used in thepasteurization of dairy products and themanner of cleaning and maintaining theequipment. When the department authorizesthe use of heat as a method of pasteurization,
it shall prescribe the necessary regulationsfor the use of recording thermometers orother devices for determining the time andtemperature reached during thepasteurization process. [ 1953 c.686 § 171
621266 ( Repealed by 1953 c.686 § 371
621266 Pasteurizer operator license; fee. (1) Application for a pasteurizer operatorlicense shall be made to the department on
forms provided by it. Any issuance or re- newal of a license by the department underthis section may be restricted in applicationto the person licensed so as to authorize theholder to engage only in a limited line ofactivity commensurate with the holder'sability.
2) Each applicant for original issuance
of a license after July 1, 1991, shall be re- kuired to pass a reasonable written examina-
tion, give a practical demonstration of abilityof the applicant to carry out the duties re- quired under the license and pay the fee re- quired by this section.
3) Each license issued under this sectionafter July 1, 1991, expires on June 30 of each
even - numbered year next following the dateof its issuance unless sooner revoked, and
may be renewed upon application of thelicensee. Each application for a license or
renewal thereof shall be accompanied by alicense fee determined by the department. The fee shall not be refunded for any reason.
4) The fee for a pasteurizer operator li-
cense shall be established by the departmentin accordance with ORS 183.310 to 183.550, and shall be not more than $50. In establish-
ing the amount of the fee, the departmentshall consider, among other things, the num- ber of licensees, the difference in activitiesand the cost of administration and enforce-
ment of ORS 621. 151 to 621.291.
5) Nothing in this section affects thevalidity of a pasteurizer operator license is- sued as a lifetime license prior to September29, 1991. However, in order to maintain sucha lifetime license in effect, the holder thereof
shall submit to the department, by June 30of each even - numbered year, a registration
form prescribed by the department confirm- ing the desire of the licensee for continua- tion of the lifetime license. [ 1x53 rigs §23; 196sc.48 § 4; 1971 c.773 § 10; 1979 c.320 § 7; 1991 c.404 § 21
Stec. 4. Notwithstanding any other provision oflaw:
1) All pasteurizer operator licenses issued after theeffective date of this section [ September 29, 19911, butprior to June 30, 1992, expire on June 30, 1992. Holdersof licenses that expire pursuant to this section may re- apply for a license in accordance with the provisionsof ORS 621.266, as amended by section 2 of this 1991Act.
2) For each license that expires pursuant to thissection, the department may issue to the license holdera prorated refund or may prorate the fee for the licenseissued for the license year beginning July 1, 1992. [ 1991c.404 § 41
of and ability to comply with changes inlaws or regulations. ( 1) When any amend- ment is made in the laws of this state or new
regulations are promulgated relating to achange in the grades of milk or the operation
of pasteurizing equipment, the departmentmay require any person licensed by the de- partment to demonstrate knowledge and fa-
miliarity with such amendments or changesand ability to comply with them.
2) Any person who becomes subject tothe provisions of this section has not lessthan 30 nor more than 60 days to meet suchadditional requirements. If, at the expirationof 60 days, the person licensed has not dem-
onstrated knowledge and ability in respect tosuch additional requirements, the license to
621.281 Suspension or revocation of li- censes issued under ORS 621.266. If anyperson licensed under ORS 621.266 fails,
neglects or refuses to fully and faithfullycomply with any provisions of ORS 621.151to 621.291 required of persons so licensed, the license of the person may be revoked orsuspended, or otherwise limited. [ 1953 x686 §261
621286 [ Repealed by 1953 c.686 § 371
6212M Prohibitions. (1) No person shall
operate or permit the operation of anyPasteurization equipment except under thedirect personal supervision of a person li- censed as a pasteurizer operator under ORS621.266.
2) No licensee shall sell, offer or expose
for sale any milk or cream which has notbeen pasteurized or produced by a disease - free herd, except to another licensee for the
manufacture of dairy products. 3) No person shall knowingly sell, offer
or expose for sale any milk or cream whichhas not been pasteurized or produced by adisease -free herd, except to a licensee for the
manufacture of dairy products. 4) No licensee shall sell, offer or expose
for sale any dairy product processed or man- ufactured by the licensee unless all of themilk or cream constituents have been
pasteurized and produced by a disease -freeherd.
5) No person shall knowingly sell, offeror expose for sale any dairy product unlessall of the milk or cream constituents of such
product have been pasteurized and producedy a disease -free herd.
6) Excepting cottage cheese, the
pasteurization requirement of subsections ( 4) and ( 5) of this section shall not apply tocheese which has been aged for at least 60days from the date of manufacture, whichdate must appear on the cheese or its con- tainer.
7) No person shall falsely represent byword, design device, or by any other meansthat any ma, cream or dairy product hasbeen pasteurized.
8) No licensee shall fail, neglect or re- fuse to provide for the grading of all milkand cream transported, received or pur-
chased by the licensee as required by ORS621. 151 to 621.291.
9) No person shall alter, remove or
tamper with any condemnation tag affixed bythe department pursuant to the provisions ofORS 621.226.
10) No licensee or grader shall:
a) Negligently sample, weigh or test anymilk or cream.
b) Fraudulently manipulate any weight, sample or test of milk or cream.
c) Make a false entry or record of theweight, or test of milk or cream on anystatement, record or invoice. [ 1953 c.686 § 28; 1969c.152 § 1; 1971 e743 § 402; 1971 c.769 § 6; 1979 c.320 § 17; 1983 040 §234]
621290 [ Repealed by 1953 c.686 § 371
621.291 Applicability of ORS 621.151 to621286 to cities having their own systemof inspection and grading. ( 1) Nothing inORS 621. 151 to 621.286 shall be construed as
prohibiting any incorporated city from en- acting and enforcing an ordinance establish -
ing a system of continuous inspection ofdaisy products and dairy products plants orfrom grading or degrading any dairy or dairyproducts or barring the same from salewithin the city, provided that any such ordi- nance shall provide a system of inspectionequal at least to the system of inspection of
dairy products or dairy products plants es- tablished by ORS 621. 151 to 621. 286 and theregulations promulgated under its authority, and that the grading of any dairy productsor dairy products plants as provided by ordi- nance shall be at least equal to that em- ployed by the State Department of
Agriculture.
2) The department shall investigate notless than twice each year the enforcement
by a city having a system of inspection andgrading to determine whether or not suchsystem of inspection and grading is beingenforced. Whenever the department shallfind that it is not being enforced or that thestandards are not at least equal to those ofthe department, the department shall givewritten notification of such findings to the
chief enforcement officer of the city andshall file a copy of such written notice withthe city auditor, clerk or recorder as thecase may be. If the department thereaftershall find, not less than 30 days after thedate of such notice, that the system of in-
spection and grading is not being enforcedor is not at least equal to that of the de-
partment, then the inspection and grading bythe department shall become applicable to allpersons and establishments theretofore oper-
ating under the municipal system; provided, however, that any dairy product may be de- graded or barred from sale in any munici- pality by local action in the event of anepidemic of disease, or is found to carrypathogenic bacteria, or if such degrading orbarring from sale is necessary for the pres- ervation of the life or health of the inhabit- ants of such city. [ 1953 c.686 § 361
621.299 11971 069 §8; repealed by 1979 c.320 § 191
621.295 [ Repealed by 1953 c.686 § 371
49 -70
DAIRY PRODUCTS AND SUBSTITUTES
621.287 Certification of milk and dairyproduct testing laboratories; fee. ( 1) Miillkk
and dairy industry laboratories or othercommercial laboratories capable of analyzingmilk and dairy products, may be certified bythe department to perform, by officially re- cognized methods, certain analyses of milk
and dairy products. Certification shall bemade by the department's chief laboratoryofficer and shall be for those tests and ana- lyses specified in ORS 621.055 to 621. 120 orregulations thereunder, and may be limitedby the department to a specific test, to aspecific method, and to specific products.
2) Each laboratory certified by the de- partment pursuant to subsection ( 1) of this
section, shall pay to the department on orbefore July 1 of each year it is certified, afee not to exceed $ 100 to assist in paymentof the cost of inspection of certified labora-
tories by the department. The departmentshall establish by regulation the amount ofsuch fee due under this subsection consider-
ing its costs of inspection and other relevantexpenses. [ 1971 c.769 § 91
ICE CREAM AND OTHER FROZENDESSERTS
621.305 Definitions for ORS 621.305 to621.368. As used in ORS 621.305 to 621.369:
1) " Animal fats" means those fats de- rived from animal sources, except milk fat.
2) " Consumer" means any person whopurchases frozen desserts for consumptionbut not for resale.
3) " Freezer head" means that part of amachine or unit wherein the food is prepared
by freezing while stirring. 4) " Frozen dessert mix" includes the un-
frozen, blended ingredients, in liquid or pow- dered form, from which the particular frozendesserts defined and standardized in ORS
621.311 are made by freezing the mix ingre- dients to a solid or semisolid consistency.
5) " Frozen desserts" include any foodproduct as defined and standardized in ORS621.311.
6) " Machine" means the freezer or anyother device by which the liquid ingredientsfor frozen desserts are frozen to a solid or
semisolid consistency.
7) " Milk products" means the milk frombovine animals or goats or any constituentpart of such milk, either liquid or dried, andincludes milk, cream, skim milk, milk fat, butter, butter oil, plastic cream, buttermilk,
condensed buttermilk, dry buttermilk or anycombination of such products.
8) " Milk shake base" means a semisolidfrozen dessert dispensed through a freezer
head for use in preparing milk shakes.
621.315
9) " Person" includes any individual, partnership, corporation or association regu- larly engaged in the commercial preparationor sale of any commodity covered by ORS621.305 to 621.369.
10) " Retailer" or " a person selling at re- tail" or words of similar import mean anyperson who freezes or makes frozen desserts
for sale to or for use by a consumer, includ- ing frozen desserts served in connection withany meal, but not including railroad diningcars or any hospital, school or institution orfraternal, social or religious organization
which prepares and serves food to its pa- tients, students, members or guests.
11) " Vegetable fats" means those fatsderived from vegetable sources.
12) " Wholesaler" or " a person selling atwholesale" or words of similar import mean
any person, other than a retailer, engaged inthe business of freezing or making frozendesserts for sale. [ Amended by 1953 c.684 § 12; 1959c.343 § 1; 1961 c.459 § l; 1965 c.45 § 1; 1979 c.320 § 81
621310 [ Amended by 1953 c.684 § 12; repealed by1961 a360 § 1 ( 621.311 enacted in lieu of 621.310)]
621.311 Definitions and standards of
identity for frozen desserts. ( 1) As author-
ized by ORS 616.230 and 632.900 to 632.935, the department shall establish definitionsand standards of identity for frozen dessertsincluding ice cream, ice milk, sherbet,
dietetic or dietary frozen desserts, mellorine, water ice, milk shake base and nondairy fro- zen dessert.
2) In addition to other guideposts andstandards, the department in establishing de- finitions and standards for frozen dessertsshall take into consideration the following:
a) List of ingredients.
b) Percentage of butterfat.
c) Percentage of animal fat or vegetablefat content of mellorine.
d) Percentage of total milk solids con- tent.
e) Percentage of total food solids con- tent.
f) Weight per gallon.
g) Flavor and color labeling. [ 1961 c.360 § 2enacted in lieu of 621.310); 1965 c.45 § 2; 1985 x286 § 11
621.315 Standard weight and measureof packages and containers of frozendesserts. Frozen desserts sold in other than
individual serving devices, shall be sold interms of gallons, quarts or pints weighingnot less than 4.5 pounds per gallon, or lessthan 36 ounces per one -half gallon, or lessthan 18 ounces per quart, or less than nineounces per pint. If the average weight of 10
units, e.g. 10 quarts, or any lot of frozendessert of the same brand and flavor equals
49 -71
621.820 FOOD AND OTHER COMMODITIES
or exceeds the minimum weight established
for such units by this section, the require- ments shall be deemed to have been met; provided, no individual unit shall be morethan five percent of the required unit weightunder the minimum weight established forsuch unit. All packages and final deliverycontainers shall be labeled with the size ofthe container in terms of pints, quarts orgallons. [ Amended by 1953 x684 § 121
Labeling requirements for fro- 621.320zen desserts. ( 1) Frozen desserts sold inpackage form or final delivery containersshall be labeled with:
a) The name and place of business of themanufacturer, packer or distributor.
b) The size of the container in terms ofpints, quarts or gallons.
c) The number of international unitsI.U.) of vitamin "A" contained in the frozen
dessert, when such dessert has been arti-
ficially enriched by the addition of vitaminA."
2) Packages and final delivery containersof frozen desserts identified and standardizedin ORS 621.311, which are filled in the pres- ence of the purchaser at retail shall be ex-
empted from the labeling requirements ofthis section if a sign in boldfaced type notless than three - eighths inch high is displayedin plain view of the purchaser containing allthe information required by that section tobe on the label.
3) Except as otherwise provided in thissection, the provisions of the Federal FairPackaging and Labeling Act, 15 U.S. C. sub- sections 1451 et seq., shall apply to frozendesserts. [ Amended by 1953 c.684 § 12; 1961 c.360 § 3; 1969 x152 §2; 1979 c.320 §9]
621.325 Additional labeling requiredfor frozen desserts. ( 1) In addition to the
labeling required by ORS 621.320, each pack- age or final delivery container of frozen des- serts which are identified or standardized
under ORS 621.311, shall be conspicuouslylabeled with the words " ice cream," " icemilk," " sherbet" or " nondairy frozendessert," as the case may be, in boldfacedtype.
2) In addition to the labeling require- ments of ORS 621.320 and subsection ( 1) of
this section, frozen dietetic or dietary des- serts identified and standardized in ORS621.311 shall be conspicuously labeled
Dietary or Dietetic Frozen Dessert." 3) In addition to the labeling require-
ments of ORS 621.320, each package or final
delivery container containing mellorine shallbe labeled with the word " mellorine" inboldfaced type not smaller than the largest
lettering appearing on the package or con-
tainer, followed by the words " containingvegetable fat" or " containing animal fat" inletters not less than three - eighths of an inchhigh. [ Amended by 1953 c.684 § 12; subsection ( 3) en- acted as 1953 x684 §7; 1961 c.360 § 4; 1985 x286 §21
621.330 Labeling containers of frozendessert mix. All containers of frozen dessertmix shall be conspicuously labeled as to thecontents of the container, the name and ad- dress of the manufacturer or distributor andthe " pull" date: [ Amended by 1953 c.684 § 12; 1979c.320 § lo]
621.335 Licenses to freeze and sell fro- zen desserts; fees; expiration. (1) A person
engaged in the business of both freezing andselling frozen desserts, either at wholesaleor retail, shall obtain a license from the de- partment to carry on such business as pro- vided in this section. A separate license shallbe obtained for each wholesale or retail es-
tablishment operated by such person. 2) A license to freeze and sell frozen
desserts shall be issued by the department toany applicant upon payment to the depart- ment of the proper license fee which shall becomputed as follows:
a) A person engaged in the business of
freezing and selling frozen desserts at whole- sale or both at wholesale and retail, shall
pay a license fee of $60. b) A person engaged in the business of
freezing and selling frozen desserts at retailonly, shall pay a license fee of $40.
3) The license shall expire on June 30
next following the date of its issuance unlesssooner revoked or suspended. A license ispersonal to the applicant and is not
621.340 Selling frozen dessert with ex- cessive bacteria count prohibited. No per- son shall sell or offer for sale at retail afrozen dessert which has a bacteria count inexcess of 75,000 per gram. No wholesalershall sell, offer for sale or have in his pos- session with intent to sell a frozen dessertor frozen dessert mix to a retailer thereofwhich has a bacteria count in excess of50,000 per gram. Frozen desserts in whichcultured milk is an ingredient shall not be
required to meet any minimum bacteriacount standards. [ Amended by 1953 c.684 § 12; 1969c. 152 § 3]
621.345 Sale or offering for sale ofmisrepresented product prohibited. No
person shall sell or offer for sale any productrepresenting it to be a frozen dessert unlessthe product conforms to the standard of
identity for such product established by ORS621.311. [ Amended by 1953 c.684 § 121
621.348 Possession of misrepresentedproduct prohibited. No manufacturer,
49 -72
DAIRY PRODUCTS AND SUBSTITUTES 62IA10
packer or wholesale distributor of frozendessert or frozen dessert mix shall have inpossession with intent to sell the same:
1) A frozen dessert labeled in terms ofpints, quarts or gallons which does not meetthe weight requirements established for suchunits by ORS 621.315.
2) A product represented to be a frozendessert or frozen dessert mix unless suchproduct conforms with the standard of iden-
tity for such frozen dessert or frozen dessertmix as established by ORS 621.311. [ 1953 c.684
12]
621.350 Sale or offer for sale of im- properly labeled frozen dessert prohib- ited. No person shall sell or offer for sale afrozen dessert which is not labeled as re-
quired by ORS 621.305 to 621.369. ( Amended by1953 c.684 § 121
621.352 Mellorine to be sold on]y inproperly labeled factory -filled containers. No person shall sell mellorine except in pre-
packaged factory -filled containers or wrap- pers labeled as required in ORS 621.325. [ 1953c.684 § 12]
621.355 Sellin frozen dessert withoutlicense prohibited. No person shall freeze
and sell a frozen dessert or any product re- presenting it to be a frozen dessert unlesssuch person has first obtained a license toboth freeze and sell frozen desserts.
621.357 Use of certain words in saleor advertising of mellorine prohibited. Noperson shall use the word " cream,"
creamy," " milk," " dairy" or their deriva- tives or phonetic equivalents in connection
with the sale, offering for sale or the adver- tising for sale of mellorine; provided, how- ever, this shall not be construed to preventthe use of such words when a part of an as- sumed business name or corporate namewhich is in use on January 1, 1953. [ 1953 c.684
12]
621.360 Sale of imitation frozen des- sert prohibited. No person shall sell or offer
for sale any food which simulates or imitatesby appearance, taste or texture, or generalcomposition, a frozen dessert unless suchproduct conforms to the standards of identityestablished for frozen desserts by ORS621.311. [ Amended by 1953 c.684 § 121
621.365 Reducing percentage of milkfat. No person, except a manufacturer offrozen dessert mix, shall reduce the percent-
age by weight of milk fat in a frozen dessertmix by the addition of any milk product.
621.367 Seizure or embargo of frozendesserts or frozen dessert mixes whichare improper labeled or below minimum
weight. The department may seize or em- bargo the movement of any frozen dessert or
frozen dessert mix which either is not prop- erly labeled or does not meet the minimumweight requirements as provided in ORS
621.305 to 621.369. Any such seizure or em- bargo shall be subject to the provisions ofORS 561.605 to 561.630 and 561.990 ( 5). [ 1953c.684 § 12]
621.365 Revocation of licenses. The de- partment may revoke a license issued pursu- ant to ORS 621.305 to 621.369 for a violationof ORS 621.305 to 621.369 by the licensee. 1953 a684 § 121
621.369 Possession of frozen dessertor frozen dessert mix as prima facie evi- dence of intent to sell. In any proceedinginstituted for a violation of ORS 621.305 to621.369 in which possession with intent tosell a frozen dessert or frozen dessert mix is
an issue, possession by the accused of suchdessert or dessert mix in containers of thesize and type commonly used by the accusedin selling such product shall be prima facieevidence of intent to sell. [ 1953 x684 § 121
621370 [ Repealed by 1963 c.48 § 51
CONDENSED OR EVAPORATED MMIX- DUTATION MILK AND DAIRY
PRODUCT SUBSTITUTES
62IA05 Definitions and standards forcondensed or evaporated milk. (1) No per- son shall within this state manufacture forsale, have in the possession of the personwith the intent to sell, offer or expose forsale, or sell any condensed or evaporatedmilk unless it conforms to the definitions andstandards established by the department pur- suant to subsection ( 2) of this section.
2) The department shall establish defi-
nitions and standards of identity, quality andfill of container for condensed and evapo-
rated milk. In establishing such definitionsand standards the department shall take intoconsideration:
a) Such definitions and standards as es- tablished in other states; and
b) Such definitions and standards as es-
tablished by the Federal Government underthe authority of the Federal Food, Drug andCosmetic Act, 21 U.S.C. 301, et seq., as
amended. ( Amended by 1975 c.304 § 61
621.410 Requisites of milk used inmanufacture of condensed or evaporated
milk. ( 1) No person shall manufacture forsale, or sell or exchange, or expose or offer
for sale or exchange, any condensed or evap- orated milk, or any substance containing anymilk or milk products and designed or in-
tended to be used or capable of being usedfor or as a substitute for condensed or evap- orated milk, unless the milk used in themanufacture thereof is pure, clean, fresh,
49 -73
621.416 FOOD AND OTHER COMMODI'T'IES
healthful, unadulterated and wholesome
milk.
2) No person shall manufacture for sale, or sell or expose, or offer for sale or ex-
change, any condensed or evaporated milkcontaining any vegetable fat.
622415 [ Repealed by 1963 c. 165 § 1 ( 621.416 enactedin lieu of 621.415)]
621x416 " Milk" and " imitation milk" defined. ( 1) As used in this section " milk" means the lacteal secretion of cows andgoats.
2) As used in this chapter " imitationmilk product" means:
a) Any compound of milk and edible oilor fat not natural milkfat, with or withoutother ingredients, or
b) Any product not milk, which compound or product is made to haveor has the appearance, taste, texture or gen- eral composition similar to that of a fluid
milk product for which a standard of identityhas been established by
ORSdepartment un-
der the provisions of OR.S 621.060 and which
may reasonably be mistaken for a fluid milkproduct. [ 1963 c. 165 § 2 ( enacted in lieu of 621.415r1969 c.149 § 11
621.418 Standards for imitation milkproducts; sale of nonstandard imitationmilk prohibited. ( 1) The department shallestablish official state standards of quality
and identity for imitation milk products inthe manner prescribed in ORS 632.900 to632.935.
2) In establishing standards of qualityand identity for imitation milk products, thedepartment shall consider, in addition toother factors:
a) The composition and purity of theproduct ingredients;
b) The nutritional value of the fats, nonfat solids, vitamins, minerals or other in-
gredients affecting the food value of theproduct;
c) The degree of sanitation maintainedfor buildings, equipment and personnel in-
volved in the production, processing and dis- tribution of the product.
3) No person shall sell or offer for saleany imitation milk product which does notconform to a standard of quality and identity
e] established by the department. [ 1969 c.149 §§ 3,
62IA20 Sale of imitation milk in eat-
ing places; posting notice. ( 1) No personshall render, manufacture, sell, offer, expose
or have or possess with intent to sell, or use,
or serve to the patrons of any restaurant, lunch counter, eating house, hotel or dining
car, any imitation milk product except incompliance with ORS 621.416 to 621.425.
2) Restaurants, lunch counters, eatinghouses and hotels using or serving imitationmilk product shall:
a) Post in a prominent place on the inrterior wall of their lunch counters and din- ing rooms in plain view of all patrons alegible notice in bold letters not less thanone inch high the words " imitation milk" orimitation " ( with the blank being
filled in wigspecific name of the milkproduct corresponding thereto) " used and
served here."
b) Plainly and legibly type or print onthe menu furnished the patron the same
words required for display under paragrapha) of this subsection. [ Amended by 1963 c-165 § 31
621.425 Labeling containers of imi- tation milk. (1) Every bottle, can or othercontainer used in the sale or offer for saleof an imitation milk product shall be sepa-
rately and conspicuously labeled with thetrade name, if any, of the product, and as animitation milk or an imitation ( with
the blank being filled in with aname ofthe milk product corresponding thereto). The
colors of the letters of such wording shall bein contrast to the background color, if any, in order to be easily readable. The label shallplainly state all the ingredients of the com- pound or mixture.
2) The department after public hearingand pursuant to ORS 183.310 to 183.550 isauthorized by regulation to carry out the in- tent and purpose of subsection ( 1) of this
section, including but not limited to estab- lishing the size of the required wording oncontainer caps or on other places or posi-
tions on such containers. [ Amended by 1963 x1656; 1969 c.152 § 41
621" Labeling of machine vendingimitation milk products. (1) As used in thissection, " vending machine" includes anyself - service device offered for public use that, upon insertion of a coin, coins, currency ortoken, or by ' other means, dispenses unitservinggs of food or beverage, either in bulk
or package, without the necessity of replen- ishing the device between each vending op- eration.
2) No person shall sell, offer for sale or
expose for sale by or through the use of avending machine any imitation milk productwith placing on the vending machine, next to the words describing the food orbeverage being offered or exposed for sale, aplainly visible sign stating the imitation milkproduct being served with such other food orbeverage such as Imitation half and halfused with, coffee" or " Imitation cream servedwith cereal." The words shall be legible, bold
49 -74
DAIRY PRODUCTS AND SUBSTITUTES
letters so as to easily be read by the generalpublic. [ 1963 c.165 § 51
62MW [Repealed by 1963 x165 §81
621" Substitute dairy products; usein trade name or advertisement of words
indicating product to be genuine. ( 1) Noperson engaged in the business, in whole orIn part, of manufacturing, se , offering forsale, advertising or otherwise eating in orwith any product used or intended or de- signed to be used as a substitute for or imi- tation of milk, butter, cheese or any otherpure dairy or milk product, shall use as apart of the trade or corporate name of theperson, or as a name or description of theproduct, or use in or on the labels, packages,
containers or advertising matter or sales lit- erature thereto relating, any of the followingnames: " Milk," " butter," " cream,
creamery," " churn," " cheese," " cow" or
dairy," except as used in connection withimitation milk products.
2) No such person shall use any pictorialor other representations resembling any ofthe objects named in subsection ( 1) of thissection in or on the labels, packages, con-
tainers, advertising matter or literature re- ferred to in subsection ( 1) of this section or
any of the objects named in subsection ( 1) ofthis section in such a manner as to implythat the product is made of milk as definedherein.
3) This section shall not be construed toforbid a true statement of or concerning theingredients or composition of a product or ofthe contents of a package or container, when
the statement is not misleading or in anyway deceptive, or to forbid or caution againstthe use of such product.
4) This section does not apply to pro- ducts manufactured in this state for the pur-
pose of shipping out of the state and notoffered for sale in this state. [ Amended by 1963c.165 § 71
621A40 Person selling imitation dairyproducts to keep sales book record. Everyperson who sells oleomargarine, butterine,
renovated or process butter or any imitationbutter, or other imitation dairy products inthis state, shall keep a sales book in whichall sales made to hotels, restaurants and
public dining rooms shall be entered at thetime of the sale. The sales book shall statethe amount sold and the date of sale, to- gether with the name and address of thepurchaser. The sales book shall be open tothe inspection of all authorized officers, em- ployees and deputies of the department at alltimes.
621A45 Restrictions on serving coloredbutter substitute in public eating place.
621AN
1) In any public eating place serving mealsfor compensation at which a butter substi- tute colored to imitate butter is served, theowner or manager shall:
a) Cause the butter substitute to beserved in triangular pats or triangular bricksonly.
b) Post in a prominent place on the in-
terior wall of the eating place a notice inbold letters not smaller than three incheshigh by two inches wide containing thewords: `Butter substitute served here."
c) Plainly type or print the same wordson each menu furnished the patrons.
2) The administration and enforcementof this section is vested in the department.
621. 456 [ Repealed by 1953 x686 §371
621.460 [ Repealed by 1953 c.686 § 371621A65 [ Repealed by 1953 c.686 § 371621A70 [Repealed by 1953 c.686 § 371621A75 (Repealed by 1953 x686 §371
621A80 (Repealed by 1953 c.686 § 371OML495 [ Repealed by 1953 c.686 § 371
6ZLA90 [Repealed by 1953 x686 §371621495 [ Repealed by 1953 c.686 § 371
621.500 (Repealed by 1953 c.686 §371621.505 [ Repealed by 1953 c.686 § 371
621.566 [ Repealed by 1965 c. 107 § 71621880 [Repealed by 1965 c. 107 § 71
621865 (Repealed by 1965 c. 107 § 71
01.570 [ Repealed by 1965 c. 107 § 71
621815 [ Repealed by 1965 c. 107 § 71621.580 [ Repealed by 1965 c. 107 § 71
63L586 [ Repealed by 1965 c. 107 § 71621.690 [ Repealed by 1965 c. 107 § 71
61895 [Repealed by 1965 c. 107 § 71
621.600 [ Repealed by 1965 c. 107 § 71621,805 [ Repealed by 1959 c.79 § 11621.810 [ Repealed by 1959 09 §11
621.855 [ Repealed by 1955 c.81 § 11
CONTAINERS
621.656 Definitions for ORS 621.656 to621.666. As used in ORS 621.656 to 621.666:
1) " Container" includes milk and creamcans, farm milk tanks, milk tank trucks, milkstorage tanks, pasteurizing vats, cheese vatsbutter churns, butter tubs, cheese hoops ana
any other receptacle designed for use or usedas a container of fluid milk, milk or dairyproducts.
2) " Dairy products" means dairy pro- ducts as defined in ORS 621. 152.
3) " Fluid milk" means fluid milk as de- fined in ORS 621.055.
4) " Milk" means milk as defined in ORS621. 152. ( 1955 e714 §21
621860 [ Repealed by 1955 c.81 § 11
49 -75
621.661 FOOD AND OTHER COMMODITIES
621.661 Condemnation of unfit con- tainer and its contents. ( 1) The State De-
partment of Agriculture shall condemn anycontainer which it finds is unfit for use as
such by reason of dirt, rust, open seams orany other condition which would or maycontaminate fluid milk, milk or daisy pro- ducts or otherwise render them unfit for hu- man use or consumption. The department
shall provide by appropriate rule for themethod of plainly identifying condemnedcontainers which shall include affixing a tagto, or marking on, the container a notice ofthe fact of condemnation and a brief state- ment of the reasons therefor.
2) It shall be conclusively presumed thatany fluid milk, milk or dairy product in acontainer which has been condemned by thedepartment and which bears a condemnation
tag or marking is unfit for human consump- tion. The department shall condemn suchfluid milk, milk or dairy product. The con- demnation shall be carved out by thoroughlymiffing with the contents of the container aharmless coloring matter prescribed by thedepartment. The department
mayauthorize
licensed pasteurizer operators an graders tomake the condemnation.
3) If the container can be repaired, orthe reason for the condemnation otherwiseremoved, the condemnation of the container
may be lifted by the department. The depart- ment may authorize licensed pasteurizer op- erators and graders to lift the condemnationof a container when appropriate repairs havebeen made or the reason for the condemna- tion otherwise removed. [ 1955 014 §3; 1979 x320
181
62L665 [ Repealed by 1955 c.81 § 11
621.666 Prohibition against unauthor- ized removal of condemnation tag ormarking or use of container or its con- tents. ( 1) No person except an authorizedemployee or agent of the State Departmentof Agriculture shall remove any condemna- tion tag or marking from a container.
2) No person shall place any fluid milk, milk or daisy product in any container bear- ing a condemnation tag or marking.
3) No person shall use the contents ofany container which has been condemned inthe manufacture, processing or bottling ofany fluid milk, milk or dairy products. [ 1955c. 714 § 41
62LO70 [ Repealed by 1955 c.81 § 11
621.675 [ Repealed by 1955 c.81 § 11
621880 [Repealed by 1955 c.81 § 11
621885 [ Repealed by 1953 c.423 § 21
621.690 [ Repealed by 1955 c.81 § 11
62LO5 [Repealed by 1955 c.50 § 11
62L700 [ Repealed by 1955 a60 § 11
62L705 [ Repealed by 1955 c.50 § 11621.710 [ Repealed by 1955 c.50 § 1162L715 [ Repealed by 1955 c.50 § 11
TESTING FOR MII.H FAT CONTENT
621.720 Testing for milk fat contentrequired. The State Department of Agricul- ture shall establish and maintain procedures,
systems and plans to carry out and enforcethe intent and purposes of ORS 621.720 to621.754. The department shall make availableto producers and other persons engaged in
the milk industry, department laboratory fa- cilities, equipment, materials and services to
provide official testing, retesting or duplicatetesting of milk for its milk fat content bymeans of the method known to the industryas the " Babcock Test" or any equally accu- rate and efficient test approved by the de- partment. [ 1965 c.474 §21
621.730 Department to provide testing; contracts of purchase not to be termi- nated; remedy; attorney fees. ( 1) Within
the availability of funds to be collected underORS 621. 720 to 621.754, the department shall
maintain laboratory facilities and purchasenecessary equipment and materials to carryout ORS 621. 720 to 621.754.
2) An producer or other person engaged
in the industry is authorized to requestthe department to provide and furnish offi- cial testing, retesting or duplicate testing ofmilk.
3) No milk handler, ' dealer, licensee orpurchaser of milk shall terminate or threatento terminate the purchase of milk from aproducer, or take or threaten to take other
retaliatory action against a producer orseller of milk, because such producer orseller has exercised rights and privileges as
authorized in this section. In addition to anyaction the department is authorized to take
against any person taking such retaliatorysteps or procedures, the producer or seller
of milk may also maintain an action fordamages against the same person. The pre-
vailing party in such action shall be entitledto reasonable attorney fees at trial and onappeal.
4) The department shall establish rea-
sonable fees for enforcing and carrying outORS 621. 720 to 621. 754, in such amounts as
are necessary to reimburse it for the fur- nishing of services and materials as requiredthereunder. [ 1965 x474 §3; 1979 c.499 § 24; 1981 x897
731
621.740 Liability for payment of fees. 1) The producer or person requesting official
testing and related testing services from thedepartment, as authorized under ORS 621.720to 621.754, is responsible for and shall paythe fees established thereunder to the de-
49 -76
DAIRY PRODUCTS AND SUBSTITUTES
partment under the rules established by thedepartment.
2) If the producer or person requestingsuch services is selling milk to a first han- dler as defined and prescribed in ORS chap- ter 583, or to a licensee under ORS 621. 151
to 621.291, the department may forward anitemized statement for services rendered, tothe person requesting the services and alsoto the first handler or licensee. The first
handler or licensee shall pay the itemizedamount to the department and shall deductsuch amount from the producer or other
person selling milk in the same manner andunder the same procedures as set forth in
ORS 583.046. Any first handler or licenseewho refuses to withhold and pay the amountto the department, shall pay such amount tothe department.
3) Nothing in this section shall be con- strued as relieving the producer or personrequesting the services from being primarilyresponsible for payment to the department. The department, notwithstanding this sec- tion, may take all actions necessary to col- lect the amount due against the producer or
person requesting the services. [ L966 c.474 § 41
621.750 Rules for testing. ( 1) In estab-
lishing and maintaining the procedures, sys- tems or plans to carry out the official testingand related testing services to be furnishedto all segments of the milk industry, afterpublic hearing and under the provisions ofORS 183.310 to 183. 550, the department shall
promulgate rules relating thereto includingbut not limited to the following:
a) Any producer may request the de- partment to make an official milk fat contenttest of the milk the producer is selling to adealer, milk handler or purchaser of milk.
Official sample test periods used by the de- partment shall correspond to the testing pe- riods used by the handler, licensee or
purchaser. At the time samples of the pro-
ducer' s milk for the testing period involvedare taken by the licensed sampler for suchdealer, handler or purchaser of milk underthis chapter, each sample shall be split. Oneportion of the split sample shall be placed ina separate container furnished and approved
by the department. The container shall besealed as required by the department andsigned or initialed by both the producer andthe licensed sampler of the purchaser. The
split sample shall be forwarded by the pur- chaser to the department at the producer' sexpense under rules prescribed relatingthereto. The department shall combine thesamples for the period involved and make the
official test requested of the composite groupof samples. The department shall forward a
copy of the test to the producer and a copyshall be mailed to the dealer, handler or
621.890
purchaser of milk as of the time and dateprescribed by the department. If the testperformed and carried out by the departmentvaries by more than one -tenth of one percentfrom the test made by the dealer, handler orpurchaser, such dealer, handler or purchaser
within the time prescribed by the departmentshall adjust and make proper payments tothe producer based upon the official tests
made by the department. b) The department shall prescribe for
similar official testing for milk fat to bemade available to any other person sub' ectto this chapter and ORS chapter 583, includ- ing the seller or purchaser of milk, as pre- scribed by the department.
2) It is recognized that the provisions ofthis section are only guideposts and stand- ards for department use. The departmentshall provide the materials and services nec-
essary to give all segments of the milk in- dustry the facilities and services necessaryto carry out the intent and purpose of ORS621.720 to 621. 754, at a reasonable cost. ( 1965
c.474 § 51
621.754 ORS 621.720 to 621.754 super-
sede conflicting statutes. The provisions ofORS 621.720 to 621. 754 are in addition to andnot in lieu of the provisions of ORS chapter583 and other provisions of this chapter. Ifthe provisions of ORS 621.720 to 621.754 are
in conflict, they supersede the provisions ofORS chapter 583 and other provisions of thischapter. [ 1965 c.474 §61
62055 [Repealed by 1953 c.686 § 371
62L760 ( Repealed by 1953 c.686 § 371
62L765 [ Repealed by 1953 c.686 § 371
62L770 [ Repealed by 1953 c.686 § 371621.775 [ Repealed by 1953 c.686 § 371
621.785 [ Repealed by 1953 c.686 § 371
621.790 [ Repealed by 1953 c.686 § 371
PENALTIES
621.990 Penalties. ( 1) Violation of anyprovision of ORS 621.405, 621.440 or 621.445
is punishable, upon conviction, by a fine ofnot more than $ 1, 000, or by imprisonment inthe county jail for not more than one year, or both; but, upon a second conviction, vio- lation of the provisions listed above in this
subsection is punishable by a fine of notmore than $ 1, 000, or by imprisonment in thecounty jail for not more than one year, orboth. Justice courts, district courts and mu-
nicipal courts sitting as justice courts haveconcurrent jurisdiction with the circuit
courts of all prosecutions arising under theprovisions listed above in this subsection.
The district attorney may institute prose- cutions for violations of those provisions byinformation, or the prosecutions may be in- stituted by indictment or by complaint veri-
49 -77
621.890 FOOD AND OTIEER COMMODITIES
fled before any magistrate. In all
prosecutions under those provisions; the
fines collected shall be transmitted by theofficer collecting them to the State Treasurerand the fines so remitted shall become a partof the General Fund of the state.
2) Violation - of any provision of ORS621.055 -to 621.120 or of any rule or regu- lation lawfully Promulgated pursuant tothose sections, is punishable, upon con-
viction, by a fine of not more than $ 100. Justice courts and district courts have con- current jurisdiction with circuit courts of vi- olations,of ORS 621.055 to 621.120.
3) Violation of ORS 621. 124 ( 2) or failure
to cause the retests required by ORS 621. 1243) - to be made is punishable, upon con-
viction, by a fine of not more than $ 100.
4) Violation of any of the provisions ofORS 621. 151 to 621.286 is a misdemeanor.
5) Violation of any provision of ORS621.305 to 621.369 or any rule or regulationlawfully promulgated thereunder is
punishable, upon conviction, by a fine of notmore than $ 500. Justice courts and districtcourts- shall have concurrent jurisdictionwith circuit courts, of all criminal actions
instituted for such violations.
6) Violation of ORS 621.410 is
punishable, upon conviction, by a fine of notmore than $ 100, or by imprisonment in thecounty jail for not more than 30 days, or
both; and each subsequent violation of ORS621.410 by a person having been previouslyconvicted of a violation of that section is
punishable, upon conviction, by a fine of notmore than $ 500, or by imprisonment in thecounty jail for not more than six months, orboth.
7) Violation of any provision of ORS621.416 to 621.429 is punishable, upon con- viction, by a fine of not more than $1, 000 andthe cost.
8) Violation of ORS' ' 621.435 ispunishable, upon conviction, by a fine of' notmore than $ 500, together with the necessaryexpenses and costs incurred in the prose- cution of the case.
9) Violation of ORS 621.666 is a misde- meanor.
10) Violation of ORS 621.740 is
punishable, upon conviction, by a fine of notmore than $2,500, or by imprisonment in thecounty jail for not more than six months, orboth.
11) Violation of ORS 621. 193 or 621-.198is a misdemeanor. i
12) Violation of ORS' 621.418 ( 3) is amisdemeanor. [ Amended by 1953 c.684 § 12; sub-
section ( 4) enacted as 1953 c.686 § 31; subsection ( 9) of1963 Replacement Part enacted as 1955 c.714 § 5; L965x107 § 4; subsection ( 10) enacted as 1965 c.474 § 7; sub- section ( 11) enacted as 1969 c. 164 § 6; subsection ( 12) en- acted as 1969 c. 149 § 51
