Chapter 621 — Chapter 621

ORS 621.261 Regulations regarding equipment used in pasteurization process. The State Department of Agriculture shall promulgate regulations prescribing the equipment to be used in the pasteurization of dairy products and the manner of cleaning and maintaining the equipment. When the department authorizes the use of heat as a method of pasteurization, it shall prescribe the necessary regulations for the use of recording thermometers or other devices for determining the time and temperature reached during the pasteurization process. [1953 c.686 §17]

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ORS 621.265 [Repealed by 1953 c.686 §37]

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ORS 621.266 Pasteurizer operator license; rules; fee. (1) Application for a pasteurizer operator license shall be made to the State Department of Agriculture on forms provided by the department. A license issued or renewed by the department under this section may be restricted so as to authorize the licensee to engage only in a limited line of activity commensurate with the ability of the licensee

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ORS 621.270 [Repealed by 1953 c.686 §37]

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ORS 621.271 [1953 c.686 §24; repealed by 1979 c.320 §19]

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ORS 621.275 [Repealed by 1953 c.686 §37]

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ORS 621.276 Licensees to show knowledge of and ability to comply with changes in laws or regulations. (1) When any amendment is made in the laws of this state or new regulations are promulgated relating to a change in the grades of milk or the operation of pasteurizing equipment, the State Department of Agriculture may require any person licensed by the department to demonstrate knowledge and familiarity with the amendments or changes and ability to comply with them

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ORS 621.280 [Repealed by 1953 c.686 §37]

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ORS 621.281 Suspension or revocation of licenses issued under ORS 621.266. If a person licensed under ORS 621.266 does not fully and faithfully comply with all provisions of ORS 621.122, 621.266 or 621.276 or standards and regulations adopted under ORS 621.181 and 621.261, the license of the person may be revoked, suspended or limited. [1953 c.686 §26; 1999 c.197 §41]

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ORS 621.285 [Repealed by 1953 c.686 §37]

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ORS 621.286 [1953 c.686 §28; 1969 c.152 §1; 1971 c.743 §402; 1971 c.769 §6; 1979 c.320 §17; 1983 c.740 §234; 1999 c.197 §42; 1999 c.937 §6; renumbered 621.122 in 1999]

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ORS 621.290 [Repealed by 1953 c.686 §37]

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ORS 621.291 [1953 c.686 §36; repealed by 1999 c.197 §61]

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ORS 621.293 [1971 c.769 §8; repealed by 1979 c.320 §19]

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ORS 621.295 [Repealed by 1953 c.686 §37]

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ORS 621.297 Certification of milk and dairy product testing laboratories; fee. (1) The chief laboratory officer of the State Department of Agriculture may certify milk and dairy industry laboratories or other commercial laboratories capable of analyzing milk and dairy products to perform specified analyses of milk and dairy products. Certification shall be for those tests, analyses and methods specified by the department and may be limited by the department to one or more specific tests, methods or products

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ORS 621.300 Use of Ring Test or Whey Test for brucellosis. The State Department of Agriculture may approve the use of the Ring Test or the Whey Test as alternatives to blood testing of milk producing animals for brucellosis. [Formerly 621.020]

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ORS 621.305 [Amended by 1953 c.684 §12; 1959 c.343 §1; 1961 c.459 §1; 1965 c.45 §1; 1979 c.320 §8; repealed by 1999 c.197 §61]

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ORS 621.310 [Amended by 1953 c.684 §12; repealed by 1961 c.360 §1 (621.311 enacted in lieu of 621.310)]

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ORS 621.311 Definitions and standards of identity for frozen desserts; rules. As authorized by ORS 616.230 and 632.900 to 632.935, the State Department of Agriculture shall, by rule, establish definitions and standards of identity for frozen desserts. [1961 c.360 §2 (enacted in lieu of 621.310); 1965 c.45 §2; 1985 c.286 §1; 1999 c.197 §44]

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ORS 621.315 [Amended by 1953 c.684 §12; repealed by 1999 c.197 §61]

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ORS 621.320 Labeling requirements for frozen desserts; exemption. (1) Frozen desserts sold in package form or final delivery containers shall be labeled as required by rule of the State Department of Agriculture. Except as provided under subsection (2) of this section, to the extent that the department considers practicable and applicable in this state, the labeling requirements adopted by rule of the department shall conform to the labeling requirements prescribed under 21 C.F.R. part 101. The department labeling requirements may be changed from time to time as the department considers desirable to conform with alterations or amendments to federal labeling requirements

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ORS 621.325 [Amended by 1953 c.684 §12; subsection (3) enacted as 1953 c.684 §7; 1961 c.360 §4; 1985 c.286 §2; repealed by 1999 c.197 §61]

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ORS 621.330 [Amended by 1953 c.684 §12; 1979 c.320 §10; repealed by 1999 c.197 §61]

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ORS 621.335 Licenses to make and sell frozen desserts at wholesale; fees; expiration; rules. (1) A person engaged in the business of freezing or making frozen desserts and then selling those frozen desserts at wholesale must obtain a license to carry on that business from the State Department of Agriculture as provided in this section. The person must obtain a separate license for each wholesale establishment operated by the person

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ORS 621.340 Selling frozen dessert with excessive bacteria count prohibited. A frozen dessert wholesaler shall not sell, offer for sale or possess with intent to sell a frozen dessert or frozen dessert mix that has an excessive bacteria count as established by rule of the State Department of Agriculture. Frozen desserts in which cultured milk is an ingredient shall not be required to meet any bacteria count standards. [Amended by 1953 c.684 §12; 1969 c.152 §3; 1999 c.197 §46]

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ORS 621.345 Sale or offering for sale of nonconforming product prohibited. A person shall not sell or offer for sale any product that the person represents to be a frozen dessert or that simulates or imitates the taste, texture or general composition of a frozen dessert unless the product conforms to the standard of identity for that frozen dessert established by rule of the State Department of Agriculture pursuant to ORS 621.311. [Amended by 1953 c.684 §12; 1999 c.197 §47]

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ORS 621.348 [1953 c.684 §12; repealed by 1999 c.197 §61]

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ORS 621.350 [Amended by 1953 c.684 §12; repealed by 1999 c.197 §61]

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ORS 621.352 [1953 c.684 §12; repealed by 1999 c.197 §61]

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ORS 621.355 [Repealed by 1999 c.197 §61]

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ORS 621.357 [1953 c.684 §12; repealed by 1999 c.197 §61]

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ORS 621.360 [Amended by 1953 c.684 §12; repealed by 1999 c.197 §61]

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ORS 621.365 [Repealed by 1999 c.197 §61]

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ORS 621.367 [1953 c.684 §12; repealed by 1999 c.197 §61]

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ORS 621.368 Revocation of licenses. The State Department of Agriculture may revoke a license issued pursuant to ORS 621.335 for a violation of ORS 621.340 or 621.345 by the licensee. [1953 c.684 §12; 1999 c.197 §48]

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ORS 621.369 Possession of frozen dessert or frozen dessert mix as prima facie evidence of intent to sell. In any proceeding instituted for a violation of ORS 621.340 in which possession with intent to sell a frozen dessert or frozen dessert mix is an issue, possession by the accused of frozen dessert or frozen dessert mix in containers of the size and type commonly used by the accused in selling that product shall be prima facie evidence of intent to sell. [1953 c.684 §12; 1999 c.197 §49]

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ORS 621.370 [Repealed by 1963 c.48 §5]

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ORS 621.405 Definitions and standards for condensed or evaporated milk. (1) A person shall not manufacture for sale, possess with the intent to sell, offer or expose for sale or sell any condensed or evaporated milk unless it conforms to the definitions and standards established by the State Department of Agriculture pursuant to subsection (2) of this section

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ORS 621.410 Requisites of milk used in manufacture of condensed or evaporated milk; vegetable fat prohibited. (1) A person shall not manufacture for sale, or sell or exchange, or expose or offer for sale or exchange, any condensed or evaporated milk, or any substance containing any milk or milk products and designed or intended to be used or capable of being used for or as a substitute for condensed or evaporated milk, if the milk used in the manufacture thereof is unlawful as defined under ORS 621.226

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ORS 621.415 [Repealed by 1963 c.165 §1 (621.416 enacted in lieu of 621.415)]

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ORS 621.416 [1963 c.165 §2 (enacted in lieu of 621.415); 1969 c.149 §1; repealed by 1999 c.197 §61]

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ORS 621.418 Standards for imitation milk products; sale of nonstandard imitation milk prohibited. (1) The State Department of Agriculture shall establish official state standards of quality and identity for imitation milk products in the manner prescribed in ORS 632.900 to 632.935

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ORS 621.420 [Amended by 1963 c.165 §3; repealed by 1999 c.197 §61]

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ORS 621.425 [Amended by 1963 c.165 §6; 1969 c.152 §4; repealed by 1999 c.197 §61]

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ORS 621.429 [1963 c.165 §5; repealed by 1999 c.197 §61]

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ORS 621.430 [Repealed by 1963 c.165 §8]

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ORS 621.435 Substitute or imitation dairy products; use of words or pictures indicating product to be genuine; exception. (1) A person engaged in manufacturing, selling, offering for sale, advertising or otherwise dealing in any product used or intended for use as a substitute for or imitation of a dairy product or fluid milk shall not use a trade or corporate name or product name, description, label, package, container, advertising matter or sales literature employing the terms “milk,” “butter,” “cream,” “creamery,” “churn,” “cheese,” “cow” or “dairy” except in connection with imitation milk products

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ORS 621.440 [Repealed by 1999 c.197 §61]

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ORS 621.445 Restrictions on serving colored butter substitute in public eating place. (1) In any public eating place serving meals for compensation at which a butter substitute colored to imitate butter is served, the owner or manager shall cause the butter substitute to be served

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