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

As used in ORS 619.010 to 619.026 and 619.036 to 619.066: (1) “Adulterated,” “misbranded” and similar terms or words have the same meaning and are defined as contained in ORS chapter 616, ORS 632.275 to 632.290, 632.450 to 632.490 and 632.900 to 632.985. (2) “Animal food slaughte…

ORS 619.010 to 619.026 and 619.036 to 619.066 shall be known as the State Meat Inspection Act. [1973 c.174 §2]

The intent and purpose of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993 is to give recognition to the Federal Meat Inspection Act presently being enforced in this state and at the same time recognize the responsibility of the State of Oregon to protect the public health of…

(1) Every establishment, including all equipment therein or thereon, shall be kept in a clean, healthful and sanitary condition. (2) Unclean, unhealthful and insanitary conditions shall be deemed to exist if: (a) All the equipment utilized is not thoroughly cleaned on a daily bas…

(1) A person may not operate an animal food slaughtering establishment or processing establishment without first obtaining a license for the establishment from the State Department of Agriculture. (2) The department may adopt rules establishing license fee schedules for establish…

The State Department of Agriculture is authorized: (1) To inspect at reasonable times the equipment, meat and meat products and premises of establishments, meat seller establishments, grocery stores, or other places of business, for the purpose of enforcing minimum sanitary requi…

(1) Whenever the State Department of Agriculture determines that any part of an establishment where meat products destined for sale or distribution are prepared, packed, stored, sold or distributed for consumption outside such premises, or any vehicle used in the transportation o…

(1) As used in this section: (a) “Amenable species” has the meaning given that term in 21 U.S.C. 601(w). (b) “Equines” means members of the family Equidae. (c) “Nonamenable species” has the meaning given that term by the State Department of Agriculture by rule. (d) “Processing” m…

(1) In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may promulgate rules necessary to carry out and enforce the provisions of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993, including but not limited to: (a) The establishment of con…

No person shall: (1) Have in the person’s possession for any reason or purpose unwholesome meat or meat products that are not denatured and properly identified; (2) Carry or transport, by vehicle or otherwise, the carcass or meat of any meat animal destined for sale or distributi…

No food consisting wholly or in part of pork muscle tissue, such as bologna style sausage, Vienna style sausage, frankfurt style sausage, summer sausage, all other similar sausages or pork products, or prepared products containing pork muscle tissue, except a fresh product consis…

Any person operating a retail meat seller establishment, as defined in ORS chapter 603, in conjunction with a custom slaughtering establishment or custom processing establishment shall mark, tag or identify all individually wrapped packages or containers of meat or meat products …

The labeling requirements for meat or meat products shall be those prescribed in ORS chapter 616 and the labeling requirements as to weight or measure of meat or meat products shall be those prescribed in ORS chapter 618. [1973 c.174 §11; 1975 c.304 §18]

All moneys received by the department pursuant to ORS 619.010 to 619.071 shall be paid into the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of administering ORS 619.010 to 619.071. [1973 c.174 §15; 1979 c.499…

(1) Game meat donated to charitable organizations shall be inspected by the State Department of Agriculture to determine fitness for human consumption as provided in ORS 603.045 and 619.031 or shall be inspected and determined fit for human consumption by employees of the State D…

No civil or criminal sanctions shall be imposed upon State Department of Agriculture employees, State Department of Fish and Wildlife employees or Department of State Police employees for the good faith inspection of game meat as provided in ORS 619.095. [1983 c.575 §5]

As used in ORS 619.350 to 619.380, unless the context requires otherwise, “fryer” means a chicken of any breed or variety, slaughtered under the age of six months, produced for sale for human consumption as a fryer, broiler or fryer-roaster, or the cut-up parts of such a chicken.…

(1) All fryers and fryer parts that are exposed or offered for sale for human consumption in this state and that have been grown in Oregon must be conspicuously identified to the consumer or purchaser as fryers or fryer parts that are Oregon-grown. (2) The provisions of subsectio…

Except as provided in ORS 619.375, and except for a common carrier, no person shall transport any fryer for purposes of sale for human consumption unless the fryer is identified as required by ORS 619.355 (1) and 619.370. [1959 c.385 §7; 1997 c.462 §4]

No person, by means of any representation, either verbal, printed or written, shall willfully represent or pretend that fryers or parts thereof: (1) Were grown by any person, or in any state, other than by the person and in the state where the fryers were in fact grown; or (2) Ar…

(1) No person shall sell or display, expose, offer or possess for sale for human consumption, a fryer to which a chemical preservative has been added, unless it is conspicuously labeled in legible letters or figures of not less than one-sixteenth of an inch in height with the wor…

The provisions of ORS 619.350 to 619.380 do not apply to fryers being transported from the grower’s residence or place of business to a warehouse for storage, or to any place for inspection, grading, packing or processing. [1959 c.385 §6]

In addition to other penalties and enforcement provisions contained in ORS 619.350 to 619.380, circuit courts may, upon petition of the State Department of Agriculture, enjoin by temporary or permanent injunction any violation of the provisions of ORS 619.350 to 619.380. [1959 c.…

As used in ORS 619.411 to 619.426: (1) “Commission” means the Oregon Sheep Commission. (2) “Lamb” means animals defined as lamb by the United States Department of Agriculture grading standards. (3) “Immediate container” means the box, carton, bag or wrapper or other receptacle us…

(1) Lamb, or the immediate container in which it is enclosed, which is produced and processed in Oregon and is offered for sale for human consumption, may be conspicuously labeled with a label not less than one inch in height and one and one-half inches in width in legible letter…

No person, by means of any representation, either verbal, printed or written, or by improper use of labels, shall willfully represent or pretend that lamb: (1) Was grown by any person, or in any state or country other than by the person and in the state or country where the lamb …

Circuit courts hereby are authorized, upon petition of the Oregon Sheep Commission, to enjoin by temporary or permanent injunction any violations of the provisions of ORS 619.411 to 619.426. [1989 c.616 §5]

Violation of any of the provisions of ORS 619.010 to 619.071 and 619.370, or rules adopted under ORS 619.010 to 619.071 or for the enforcement of ORS 619.370 is a Class A misdemeanor. [1973 c.174 §16; 1975 c.304 §8; 2009 c.175 §3]

(1) In addition to any penalty available under ORS 561.190 or 619.993, the State Department of Agriculture may impose a civil penalty for a violation of this chapter or of rules adopted under this chapter. For the purposes of this section, each day a violation continues after the…

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…