Chapter 621 — Chapter 621

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

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ORS 621.005 [Amended by 1979 c.320 §15; 1982 s.s.1 c.4 §16; repealed by 1999 c.197 §61]

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

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

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

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

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

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

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

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

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

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

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

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

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ORS 621.065 [Amended by 1955 c.714 §12; 1999 c.197 §10; 2003 c.14 §372; repealed by 2015 c.203 §28]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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ORS 621.085 [Repealed by 1999 c.197 §61]

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

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

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ORS 621.090 [Amended by 1959 c.241 §1; repealed by 1999 c.197 §61]

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ORS 621.092 Right of producer to be present at weighing, sampling or testing and to have own tests made. The producer of milk or cream, or the producer’s agent, has the right to be present while the distributor, producer-distributor or dairy products plant licensee weighs, samples or tests the milk or cream, and to take samples of the milk or cream and have them privately tested. At the request of any producer, a distributor, producer-distributor or dairy products plant licensee shall notify the producer of the time and place where the milk or cream will be weighed, sampled or tested. [Formerly 621.241]

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ORS 621.093 Liability of licensee for inaccurate weighing, sampling, testing or recording; attorney fees. If a producer is damaged by an inaccurate weighing, sampling or testing of milk or cream by a distributor, producer-distributor or dairy products plant licensee or by the inaccurate recording of the results of any test by the distributor, producer-distributor or licensee, the producer may bring an action for those damages. The court may award reasonable attorney fees to the prevailing party in an action under this section. [Formerly 621.246]

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ORS 621.094 Authority of department to take charge of weighing, sampling and testing upon noncompliance. (1) If a distributor, producer-distributor or dairy products plant licensee fails to comply with any provision of ORS 621.056, 621.057, 621.084, 621.092, 621.122 (7) to (10) or 621.226 or regulations adopted under ORS 621.096, the State Department of Agriculture may revoke the license or, with the written consent of the distributor, producer-distributor or licensee, may perform the weighing, sampling and testing of the milk or cream received or purchased by the distributor, producer-distributor or licensee

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ORS 621.095 [Repealed by 1999 c.197 §61]

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ORS 621.096 Regulations regarding weighing, sampling and testing. (1) The State Department of Agriculture shall promulgate regulations relating to the weighing, sampling and testing of milk and cream

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ORS 621.100 [Repealed by 1999 c.197 §61]

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ORS 621.102 [1957 c.346 §2; repealed by 1999 c.197 §61]

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ORS 621.105 [Amended by 1999 c.197 §18; renumbered 621.018 in 1999]

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ORS 621.110 [Repealed by 1979 c.320 §19]

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ORS 621.115 [Amended by 1955 c.714 §14; 1999 c.197 §19; renumbered 621.076 in 1999]

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ORS 621.116 Prohibition against retail sale of unpasteurized milk from cows. A person may not sell or distribute for sale unpasteurized milk or fluid milk from cows, or dairy products from unpasteurized milk or fluid milk from cows, other than to a distributor, producer-distributor, dairy products plant licensee or nonprocessing cooperative. This section does not apply to the sale or distribution of cheese otherwise exempt from pasteurization requirements or to sales or distributions by a person described under ORS 621.012. [1999 c.937 §2]

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ORS 621.117 Distributor or producer-distributor may sell only milk that is pasteurized or from disease-free goats or sheep. A distributor, producer-distributor or dairy products plant licensee shall not sell or offer or expose for sale any dairy product or fluid milk for human consumption unless the milk used in the dairy product or fluid milk has been pasteurized or is goat or sheep’s milk that was produced by a disease-free herd, except that if not more than one reactor animal appears when the goat or sheep herd is tested for brucellosis, the milk, dairy products or fluid milk may still be sold if the animal is slaughtered and no additional reactor animals appear when the herd is retested, as provided in ORS chapter 596 and regulations promulgated thereunder. If one or more reactor animals appear when the herd is retested, no milk, dairy products or fluid milk from the herd may be sold until the herd regains a brucellosis-free status. [1955 c.714 §9(3); 1957 c.346 §3; 1969 c.152 §5; 1975 c.299 §1; 1999 c.197 §20; 1999 c.937 §4]

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ORS 621.118 [1955 c.714 §9(1),(2); 1999 c.197 §21; renumbered 621.259 in 1999]

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ORS 621.119 [1955 c.714 §9(4); repealed by 1999 c.197 §61]

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ORS 621.120 [Amended by 1961 c.425 §14; 1979 c.320 §4; 1999 c.197 §22; renumbered 621.073 in 1999]

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ORS 621.122 Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers; prohibited acts of licensees; pasteurization exemption. (1) A person shall not operate or permit the operation of any pasteurization equipment except under the direct personal supervision of a person licensed as a pasteurizer operator under ORS 621.266

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ORS 621.124 Milk not to be sold if from diseased animals or from animals that have not been tested or retested for brucellosis. (1) A person shall not sell or offer or expose for sale any fluid milk with knowledge that the milk has been produced from a herd of cows, sheep or goats, one or more of which were infected with brucellosis at the time the milk was produced, or with knowledge that not all the animals in the herd have been tested or retested for brucellosis in a manner approved by the State Department of Agriculture

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