Oregon Administrative Code

603-024-0046 Breed Specific Labeling of Milk and Milk Products In order to label milk or milk product “Ayrshire,” “Brown swiss,” “Guernsey,” “Holstein,” or “Jersey” milk or milk products, the milk or the products of the fluid milk must be derived exclusively from the breed of cow…

603-024-0051 Standard for Grade A Raw Milk (1) “Grade A Raw Milk for Pasteurization” is fluid milk produced by a disease-free herd on a dairy farm in conformance with all the sanitation standards specified in OAR 603-024-0211. (2) When delivered to the milk plant, all raw milk sh…

603-024-0056 Standards for Lactose Reduced Milk Products (1) “Lactose Reduced Milk Products,” are created by adding suitable enzymes to pasteurized milk, lowfat milk or skim milk (nonfat milk) to convert lactose in the product to glucose or galactose, reducing the lactose level i…

603-024-0061 Standards for Calcium Added Milk Products Milk products may be labeled “Lowfat Milk with Calcium Added,” or “Nonfat (Skim) Milk with Calcium Added” or “Reduced Fat Milk with Calcium Added” if the fluid milk product meets the standard of identity set forth in Title 21…

603-024-0062 Sterilized Fluid Milk and Milk Products; Standards of Identity The standard of identity for sterilized milk and milk products shall be the standards for fluid milk and fluid milk products as set forth in OAR 603-024-0017. Statutory/Other Authority: ORS 561, 616 & 621…

603-024-0080 Imitation Milk and Imitation Milk Products; Standards of Identity The standards of identity for imitation milk and milk products shall be the standards for fluid milk and fluid milk products, as set forth in OAR 603-024-0017. Statutory/Other Authority: ORS 561, 616 &…

603-024-0090 Standard of Quality Imitation milk products when sold or offered for sale in the final delivery container shall not contain more than 20,000 bacteria per milliliter, 10 coliform per milliliter, and the temperature shall not exceed 45°F Statutory/Other Authority: ORS …

603-024-0095 Sanitation Standards (1) Sanitation standards for building, equipment, and personnel involved in the manufacture and distribution of the imitation milk products for which a standard of identity has been established in OAR 603-024-0080 shall conform to the same sanita…

603-024-0105 Identifying Condemned Containers Containers as defined in OAR 603-024-0019(3) shall only be identified when condemned by the Department by attaching a tag thereto printed by the Department giving notice of fact of condemnation and reason therefor. Statutory/Other Aut…

603-024-0110 Releasing Condemned Container for Use Following Repair The Department may lift condemnation and release container for use after verifying acceptable repairs have been made. Statutory/Other Authority: ORS 621 Statutes/Other Implemented: ORS 621.226 History: DOA 6-2002…

603-024-0211 Adoption of the Grade A Pasteurized Milk Ordinance (PMO) and Related Documents On all dairy farms, plants, and transport tankers, the standards for building construction, equipment construction, sanitation, sampling, pasteurization, transportation and handling of mil…

603-024-0234 License Fees for Mobile Milk Tankers and Dairy Products Plants (1) As provided in ORS 621.161, a person shall not operate a dairy products plant or mobile milk tanker unless the person has a valid dairy products plant license. A mobile milk tanker with an active curr…

603-024-0235 New License Payments; Mobile Milk Tanker and Dairy Products Plant License Expiration; Operating without a License (1) New license payments must be received within 14 calendar days of the department’s initial approval inspection. If a new license payment is not receiv…

603-024-0323 Testing Procedures and Equipment All tests of milk and milk products shall be performed in accordance with standards established in Association of Agricultural Chemists (AOAC) or the 1992, 16th Edition of Standard Methods for the Examinations of Dairy Products, Chapt…

603-024-0379 Grading Period; Regular and New Producers (non-grade A) (1) The operator of a milk products plant or licensed grader in each plant, upon receiving the first shipment of milk from a new producer must: (a) Immediately sample and test such milk for temperature as requir…

603-024-0490 Qualifications (1) Applicants for dairy operators’ licenses shall be: (a) Able to read and write legibly; (b) At least 18 years of age; (c) Free of communicable diseases. (2) Applicants for a High Temperature Short Time (HTST) pasteurizer operator licenses shall be r…

603-024-0492 Examination of Applicant (1) Written examination shall include questions relating to: (a) Knowledge of laws and regulations relating to activity for which the license is desired; (b) Theory and practice involved in the performance of the licensed activity. (2) Practi…

603-024-0494 Examination Grade Required for Licensing (1) The examination shall have a total of 100 possible points, 50 of which shall be on the written examination, and the other 50 points on the practical examination. (2) A total grade of at least 80 out of the 100 possible poi…

603-024-0500 Definitions As used in OAR 603-024-0505 to 603-024-0535: (1) “Licensed Sampler” means a person holding a valid license issued by the Department under ORS 621.072, to collect milk samples and to carry out other authority and duty as set forth by law and regulation. (2…

603-024-0505 Request for Official Testing A request for official testing of milk shall only be made on forms furnished by the Department. The request must be received at least five days before the beginning date of the test period (test period used by dealer or handler) desired t…

603-024-0510 Sampling and Testing of Milk; Producers (1) The sampling and testing procedures to be followed by the Department and other persons affected thereby, shall be in accordance with the requirements and procedures set forth in OAR 603-024-0323, except as otherwise prescri…

603-024-0515 Adjustments Resulting From Testing (1) If the official test performed and carried out by the Department varies by more than one-tenth of one percent from the test made by the dealer, handler, or purchaser, the Department shall forward the results of such test and an …

603-024-0520 Additional Instructions and Requirements It must be recognized that in the implementation of Chapter 474, Oregon Laws 1965, and the fact that this is a new program, the Department, in the promulgation of regulations as set forth in OAR 603-024-0500 to 603-024-0535, c…

603-024-0525 Deduction and/or Payment for Sampling and Testing (1) If, as a result of sampling and testing of milk, the Department, under the provisions of subsection (2) of Section 4 of Chapter 474, Oregon Laws 1965, forwards an itemized statement or other similar form covering …

603-024-0530 Fees for Samples A fee of $10 per sample drawn, as provided in OAR 603-024-0510 or 603-024-0535, is hereby established to be paid to the Department to defray the cost thereof. Statutory/Other Authority: ORS 561.190 & 621.750 Statutes/Other Implemented: ORS 621.750 Hi…

603-024-0535 Sampling and Testing of Milk; Other Than for Producers (1) Special sampling and testing of milk for persons other than producers, as set forth in Chapter 474, Oregon Laws 1965, will be made by the Department at the request of such persons. (2) The applicable provisio…

603-024-0543 Labeling All final delivery containers used for the sale of fluid milk or any product of fluid milk for which a standard of identity has been established shall be plainly labeled and marked as described in OAR 603-024-0017 and the requirements listed below: (1) If th…

603-024-0544 Advertising and Display (1) Advertising of fluid milk products shall be deemed to be false if it is false or misleading in any particular; (2) Advertising of fluid milk products as to price shall include quantity and the standard of identity name set forth in OAR 603…

603-024-0547 License Fees Relating to Fluid Milk As provided in ORS 621.070, a person shall not use any grade designation in any manner connected with the sale of fluid milk unless the department has licensed the person to use the grade designation. Pursuant to ORS 621.072, the d…

603-024-0549 New License Payments; Fluid Milk-Related License Expiration; Operating without a License (1) New license payments must be received within 14 calendar days of the department’s initial approval inspection. If a new license payment is not received within 14 calendar day…

603-024-0551 License Fees for Frozen Dessert Wholesalers As provided, in ORS 621.335, a person engaged in the business of freezing or making frozen desserts and then selling those frozen desserts at wholesale must obtain a license from the department. The annual license fee for a…

603-024-0554 Laboratory Certification Certificate to perform specific tests or analyses on specific products shall be issued on receipt of application and $50 fee for the first test and $10 each for additional tests and following an approved survey or split sampling for such test…

603-024-0557 Sampling of Milk and Milk Products The sampling and standards for the examination and testing of milk and milk products shall be as described in OAR 603-024-0211 and 603-024-0323. Statutory/Other Authority: ORS 651 & 621 History: DOA 6-2002, f. & cert. ef. 1-28-02…

603-024-0572 Sampling Standard Sampling standard means during any consecutive six months the collection and examination or testing of at least four samples of milk and milk products in at least four separate months. Except that when 3 months show a month containing 2 sampling dat…

603-024-0580 The Collection, Transportation and Analysis of Milk Samples Sampling, bacterial plate counts, coliform counts, temperature test, phosphatase test, somatic cell tests, and other laboratory tests used in the examination of milk and milk products to determine standards …

603-024-0581 Standards for Licensed Milk Samplers and Graders Tank truck drivers and milk plant personnel licensed to officially sample milk from farm bulk milk tanks or producer containers at receiving plants shall use the procedures described in OAR 603-024-0211. Statutory/Othe…

603-024-0582 Bacteria, Coliform, Somatic Cell, and Temperature Test Violations Whenever two of the last four consecutive bacteria counts, coliform determinations, somatic cell counts, or cooling temperatures, taken on separate days, exceed the limit of the standard for the milk o…

603-024-0584 Sediment Test (1) If upon examination the Department or grader shall obtain a sediment test which is in excess of a No. 2 sediment standard, the Department shall give the licensee a written notice of such fact. An additional sample shall be taken after an interval of…

603-024-0585 Suspension Order (1) Whenever the department is presented epidemiological evidence as determined by the Health Division of the Department of Human Resources which indicates that raw milk from a licensed raw milk producer-distributor is the suspected source of human i…

603-024-0586 Suspension for Violation If a violation of the grade standard for bacteria, temperature or coliform occurs within six months of any prior suspension for violation of the same standard, the license may be resuspended without benefit of the notice of violation and addi…

603-024-0589 Abnormal Milk Standard and Test (1) The abnormal milk standards for milk for manufacturing purposes shall be determined by examination or testing for total somatic cells (leukocyte count) of at least four samples of milk from each producer during every six-month peri…

603-024-0590 Dairy Farm and Milk Plant Inspection (1) If, upon inspection of a dairy farm or milk plant by the Department, a violation of any item of sanitation as contained herein for the licensed grade then held is noted on two successive inspections made not less than three da…

603-024-0592 Examination for Somatic Cells Examination of milk and enforcement of the standard for Grade A milk and milk products shall be as follows: (1) A Wisconsin mastitis test or D.M.S.C.C. shall be conducted on each producer's or producer-distributor's raw milk at least fou…

603-024-0594 Drug Residue Test; Violation of Test (1) Antibiotic tests on each producer’s milk or on commingled raw milk shall be conducted at least four times during any consecutive six months. When commingled milk is tested, all producers shall be represented in the samples. Al…

603-024-0596 Grading (1) Each shipment or pick-up of grade A fluid milk shall be graded as to its acceptable quality by a licensed sampler/grader. If it is not acceptable and is rejected as unfit for grade A use, a record (forms supplied by the Department) is to be made showing: …

603-024-0598 Tests and Analyses In addition to official laboratory results, certified laboratories using recognized standard methods may perform tests and analyses for standard plate count, coliform count, phosphatase, drug residues (antibiotics), added water (cryoscope), somatic…

603-024-0605 Health of Cows, Goats, and Sheep and Abnormal Milk (1) In addition to the requirements of OAR 603-024-0211, all herds of cows goats and sheep producing milk for human consumption as defined in 603-024-0019 and for which a standard of identity has been established in …

603-024-0613 Construction and Facilities of Milk House A milk house shall be constructed and maintained in accordance with the following: The milk house used by retail raw milk dairies (producer-distributor) shall consist of two rooms separating the handling of milk and storage o…

603-024-0621 Utensils and Equipment Construction, Installation, and Use Farm tanks in all new or replacement installations shall be equipped with an approved type recording thermometer with a temperature range of 32 degrees F. to 180 degrees F. and interval timers for agitation o…

603-024-0640 Cooling (1) Temperature recording charts approved by the Department shall be provided for farm tank recording thermometers. The pickup driver and licensed milk grader shall examine chart for temperature record and compliance with requirements at the time of receipt o…