Title 49, Food and Other Commodities; Purity, Sanitation, Grades, Standards, Labels, Weights and Measures

As used in this chapter, unless the context requires otherwise: (1) “Container” means milk and cream cans, farm milk tanks, milk tank trucks, milk storage tanks, pasteurizing vats, cheese vats, butter churns, butter tubs, cheese hoops and any other receptacle designed for use or …

(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, …

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 ha…

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…

(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 …

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 o…

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, produc…

(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. (2) The grades and standards for milk, fluid milk and dairy products may from tim…

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 t…

(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. (2) The standards of quality established for fluid milk shall be based upon: (a) The health of the cows, she…

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]

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]

(1) The State Department of Agriculture shall issue a license to use a grade designation to any person who: (a) Makes written application for a license on forms provided by the department; (b) Pays the designated license fee; (c) Is engaged in the business of producing or distrib…

(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 …

(1) A person shall not sell, expose or offer for sale or knowingly transport fluid milk in containers: (a) If the fluid milk has been produced or processed in violation of ORS 621.070. (b) If the container or container cap is not labeled with the name and address of the producer,…

(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 additiona…

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] WEIGHING, SAMPLING AND TESTING

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. [19…

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 manufactur…

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…

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 pro…

(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 li…

(1) The State Department of Agriculture shall promulgate regulations relating to the weighing, sampling and testing of milk and cream. (2) The department shall ensure that all milk that a distributor, producer-distributor or dairy products plant licensee purchases from producers …

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 …

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 p…

(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. (2) A distributor, producer-distributor or dairy products plant licensee shall not…

(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 ani…

A person shall not operate a dairy products plant unless that person has a valid dairy products plant license. A separate license is required for each dairy products plant operated. A person is not required to obtain a dairy products plant license to act as a milk hauler or to op…

(1) As used in this section, “mobile milk tanker” means a tank or other receptacle that attaches to a bulk tank truck or other equipment and is used to transport fluid milk, milk or milk products. (2) Application for a dairy products plant license shall be made to the State Depar…

(1) The State Department of Agriculture may issue a dairy products plant license under ORS 621.166 to one or more additional users of a dairy products plant that processes or uses milk to manufacture dairy products and is primarily operated by another person. A license issued to …

(1) The State Department of Agriculture shall issue a dairy products plant license under ORS 621.166 or a license under ORS 621.072 for a distributor or producer-distributor to use a physical facility when it determines that the dairy products plant or the facility to be operated…

To ensure that the handling and processing of milk, fluid milk and dairy products is conducted in a sanitary environment, the State Department of Agriculture shall prescribe minimum standards of construction for dairy products plants and physical facilities of a distributor or pr…

The State Department of Agriculture shall prescribe minimum standards of sanitation for the operation of dairy products plants and physical facilities of a distributor or producer-distributor including, but not limited to, standards for the: (1) Washing, cleaning, maintenance and…

A person shall not operate a dairy products plant or a physical facility of a distributor or producer-distributor that fails to conform to the standards prescribed pursuant to ORS 621.176 and 621.181. [1999 c.197 §4]

The State Department of Agriculture shall prescribe standards of construction and sanitation for bulk storage tanks, equipment, buildings and other facilities used by producers to store milk that is to be sold to a dairy products plant or to be used at a physical facility of a di…

(1) A producer shall not store milk that is to be sold to a dairy products plant or to be used at a physical facility of a distributor or producer-distributor, in bulk storage tanks, equipment, buildings or other facilities that do not conform to the standards prescribed pursuant…

(1) The State Department of Agriculture shall condemn any container that it finds unfit for use by reason of dirt, rust, open seams or any other condition that may contaminate fluid milk, milk or dairy products or otherwise render them unfit for human use or consumption. The depa…

(1) A person other than an authorized employee or agent of the State Department of Agriculture shall not remove a condemnation tag or marking from a container. (2) A person shall not place any fluid milk, cream, milk or dairy product in a container bearing a condemnation tag or m…

All fluid milk is subject to the same bacterial standards as established by rule of the State Department of Agriculture. [Formerly 621.077]

(1) Whenever a grader determines that any milk, cream, dairy product or fluid milk is unlawful, the grader shall immediately affix a condemnation tag to the milk, cream, dairy product or fluid milk container. Condemnation tags shall be in a form prescribed by the State Department…

If pasteurization equipment is used by a distributor or producer-distributor or at a dairy products plant, the distributor, producer-distributor or dairy products plant licensee shall ensure that the pasteurization process is under the direct supervision of a pasteurizer operator…

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…

(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 limi…

(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 …

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; …

(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 …

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]

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]

(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 th…

(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 l…