28 sections in this chapter.
ORS 628.010 [Repealed by 1953 c.114 §2]
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[Repealed or reserved.]
ORS 628.020 [Repealed by 1953 c.114 §2]
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[Repealed or reserved.]
ORS 628.030 [Repealed by 1953 c.114 §2]
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[Repealed or reserved.]
ORS 628.040 [Repealed by 1953 c.114 §2]
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[Repealed or reserved.]
ORS 628.050 [Repealed by 1953 c.114 §2]
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[Repealed or reserved.]
ORS 628.060 [Repealed by 1953 c.114 §2]
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[Repealed or reserved.]
ORS 628.070 [Repealed by 1953 c.114 §2]
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[Repealed or reserved.]
ORS 628.080 [Repealed by 1953 c.114 §2]
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[Repealed or reserved.]
ORS 628.210 Definitions for ORS 628.210 to 628.370. As used in ORS 628.210 to 628.370, unless the context requires otherwise
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(1) “Clean,” “healthful” and “sanitary” mean free of flies and other insects, rodents, dusts, dirt, decomposed material, mold, odors or any condition which would in any way contaminate the food products stored. (2) “Department” means the State Department of Agriculture. (3) “Pers…
ORS 628.220 License required for locker plant business. No person shall engage within this state in the business of owning or operating any refrigerated locker plant or offering the services of such plant without having obtained from the State Department of Agriculture a license for each such place of business. The licensee shall at all times maintain the license conspicuously displayed in the licensed plant
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[Repealed or reserved.]
ORS 628.230 Application for and issuance of license; rules. Application for the license required by ORS 628.220 shall be made to the State Department of Agriculture in writing containing such information and in such form as may be prescribed by the department. The license is not transferable and does not authorize the conduct of any refrigerated locker business at any address other than that stated in the application. Licenses shall be issued for the fiscal year commencing on July 1 and ending on June 30 next following or for such period as may be specified by department rule. [Amended by 2007 c.768 §33]
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[Repealed or reserved.]
ORS 628.240 (1) An applicant for a refrigerated locker plant license shall pay a license fee to the State Department of Agriculture. The department may adopt rules establishing a license fee for a refrigerated locker plant. Except as provided in this subsection, the department may not adopt a rule under this section to establish a license fee that is more than three percent higher than the fee charged during the preceding year. When adopting a rule establishing a license fee, notwithstanding the three percent limit, the department may round the fee amount to the next higher whole dollar amount. The department may not change the amount of the refrigerated locker plant license fee more frequently than once each year
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(2) If the license is issued after January 1 but before June 30 of the same year, the license fee shall be one-half of the fee established by the department by rule under subsection (1) of this section. (3) All fees received by the department under ORS 628.210 to 628.370 shall be…
ORS 628.250 Refusal, revocation or suspension of licenses. The State Department of Agriculture, acting through the Director of Agriculture or the division chief of the department in charge of the inspection of refrigerated locker plants, may refuse, revoke or suspend any license issued pursuant to ORS 628.220 to 628.240 upon finding, after a hearing had in conformance with ORS chapter 183, that
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(1) The licensee has violated any provision of ORS 628.210 to 628.370 or any other law of Oregon relating to the operation of refrigerated locker plants or frozen food storage plants or the handling or sale of any food for human consumption or has violated any rule or regulation …
ORS 628.260 Furnishing copies of law to applicants for licenses; posting copy. Two copies of ORS 628.210 to 628.370 and 628.990 (2) shall be furnished each applicant for a license. One copy shall be posted in a conspicuous place in the plant operated by the licensee
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[Repealed or reserved.]
ORS 628.270 Prohibition against employees with communicable disease in plant; health certificate; rules. (1) The Oregon Health Authority may, by rule, define certain communicable diseases which may be spread to the public through the handling of food in refrigerated locker plants
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(2) A person who has a communicable or infectious disease described in subsection (1) of this section may not be permitted to work in or about any refrigerated locker plant or to handle any food in connection with the operation of such plant. (3) In the discretion of the State De…
ORS 628.280 Inspection of plants; maintenance in sanitary condition. The State Department of Agriculture shall cause a thorough inspection of every plant or establishment licensed under ORS 628.220 to 628.240 to be made periodically, to determine whether or not the premises and equipment used in connection therewith are constructed, maintained and operated in accordance with the requirements of ORS 628.210 to 628.370 and with the rules and regulations of the department thereunder promulgated. Such locker plants shall be maintained in a clean, healthful and sanitary condition at all times
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[Repealed or reserved.]
ORS 628.290 Sanitary and safety requirements. (1) Each refrigerated locker plant wherein food is handled, wrapped or processed shall have available, and maintain in a clean, healthful and sanitary condition, a washroom with hot and cold running water
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(2) Each refrigerated room with a temperature below 30 degrees Fahrenheit, if used by the public or accessible to locker renters, shall be equipped with safety light or lights burning continuously during all times when the plant is open and so located as to assure easy exit from …
ORS 628.300 Maintaining uniform temperatures; records. (1) The refrigeration system of a refrigerated locker plant shall be equipped with accurate controls for the maintenance of uniform temperatures as required in this section in the various refrigerated rooms of such plant and shall be of adequate capacity to provide under extreme conditions of outside temperatures and under peak load conditions in the normal operation of such plant, the following temperatures in the following rooms respectively
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(a) Chill room temperature shall be within four degrees Fahrenheit plus or minus of 36 degrees above zero Fahrenheit, with a tolerance of 10 degrees Fahrenheit for 24 hours after fresh food is put in such room for chilling. (b) In all locker plants operating on July 5, 1947, the …
ORS 628.310 Use of nontoxic marking. In applying marks directly to meat or other food products, the operator of a refrigerated locker room shall use only nontoxic ink or other harmless substance
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[Repealed or reserved.]
ORS 628.320 Inspection of food; storage outside lockers. The operator or person in charge of a refrigerated locker room shall have the right to inspect all food or any item before it is placed in any locker. Nothing shall be stored outside of the lockers in a locker room without being labeled and wrapped or otherwise properly covered
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[Repealed or reserved.]
ORS 628.330 Fresh meats, identification and chilling. All fresh carcass meats on coming into custody or possession of the operator or owner of a refrigerated locker plant shall be identified with suitable tag or stamp and shall be placed in the chill room, unless previously chilled, for at least 24 hours before removal to the cutting room
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[Repealed or reserved.]
ORS 628.340 Fish and wild game. All fish shall be so handled, placed and stored as to protect other stored foods and the plant equipment from fish flavors and fish odors. Fish and wild game shall be stored and handled only in conformity with fish and game laws of this state and regulations thereunder promulgated. Owners, operators or persons in charge of refrigerated locker plants shall not be held responsible or liable for violations of such laws and regulations by locker tenants
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[Repealed or reserved.]
ORS 628.350 Rules and regulations. The State Department of Agriculture may make and enforce reasonable rules and regulations to carry out the provisions of ORS 628.210 to 628.370
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[Repealed or reserved.]
ORS 628.360 Owners and operators of locker plants not warehousemen. Persons who own or operate refrigerated locker plants shall not be deemed to be warehousemen, nor shall receipts or other instruments issued by such persons in the ordinary conduct of their business be deemed to be negotiable warehouse receipts
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[Repealed or reserved.]
ORS 628.370 Jurisdiction and prosecution of violations of ORS 628.210 to 628.370. Justice courts shall have concurrent jurisdiction with the circuit court of all prosecutions arising under ORS 628.210 to 628.370. The district attorney may institute prosecutions for violations of ORS 628.210 to 628.370 by information, or the prosecutions may be instituted by indictment or complaint verified before any magistrate
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[Repealed or reserved.]
ORS 628.380 [Amended by 1979 c.499 §27; repealed by 1987 c.905 §37]
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[Repealed or reserved.]
ORS 628.990 Criminal penalties. Violation of ORS 628.210 to 628.370 is a Class A misdemeanor. [Amended by 1953 c.114 §2; 2011 c.597 §254]
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[Repealed or reserved.]
ORS 628.995 Civil penalties; rules; hearing; disposition of moneys. (1) In addition to any penalty available under ORS 561.190 or 628.990, the State Department of Agriculture may impose a civil penalty for a violation of ORS 628.210 to 628.370 or of rules or regulations adopted under ORS 628.210 to 628.370. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event
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(2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation. (3) When the department imposes a civil penalty under subsection (1) of this…