ORS Chapter 621 - Oregon Statutes

Chapter 621 — Milk;Dairy Products; Substitutes

 

2009 EDITION

 

 

MILK;DAIRY PRODUCTS; SUBSTITUTES

 

FOODAND OTHER COMMODITIES

 

GENERALPROVISIONS

 

621.003     Definitions

 

621.010     Restrainingviolations

 

621.012     Exceptionfor small-scale on-farm sales

 

621.015     Dispositionof license fees; appropriation

 

621.018     Entryand use of fluid milk produced outside state; reciprocal agreements

 

GRADINGAND STANDARDS OF IDENTITY

 

621.056     Employmentof grader

 

621.057     Recordof grade of milk

 

621.058     Gradesand standards of quality for milk, fluid milk and dairy products; rules

 

621.059     Definitionsand standards of identity for cheese; rules

 

621.060     Establishingstandards of quality and identity for fluid milk; rules

 

621.062     Deviationfrom standard of identity prohibited

 

621.065     Designationof grades

 

GRADEDESIGNATION USE

 

621.070     Licenserequired to use grade designation

 

621.072     Issuanceof license to use grade designation; grading by milk hauler; facilityinspections; fees

 

621.073     Suspensionof grade use privilege

 

621.076     Containerlabeling; bottling unpasteurized milk; prohibition against milk by or fromsuspended licensee

 

621.078     Additionalusers of milk processing plant; fees; rules

 

621.083     Proceduresand equipment for graders

 

WEIGHING,SAMPLING AND TESTING

 

621.084     Weighing,sampling and testing fluid milk

 

621.088     Saleor possession of milk or cream to which water has been added

 

621.092     Rightof producer to be present at weighing, sampling or testing and to have owntests made

 

621.093     Liabilityof licensee for inaccurate weighing, sampling, testing or recording; attorneyfees

 

621.094     Authorityof department to take charge of weighing, sampling and testing uponnoncompliance

 

621.096     Regulationsregarding weighing, sampling and testing

 

PROHIBITEDACTS, GENERALLY

 

621.116     Prohibitionagainst retail sale of unpasteurized milk from cows

 

621.117     Distributoror producer-distributor may sell only milk that is pasteurized or fromdisease-free goats or sheep

 

621.122     Prohibitionsregarding sales, pasteurization, sampling, weighing, grading and containers;prohibited acts of licensees; pasteurization exemption

 

621.124     Milknot to be sold if from diseased animals or from animals that have not beentested or retested for brucellosis

 

DAIRYPRODUCTS PLANTS

 

621.161     Operationof dairy products plant without license prohibited

 

621.166     Applicationfor dairy products plant license; rules; fee; expiration; mobile milk tankerfees

 

621.169     Additionalusers of dairy products plant; fees; rules

 

621.171     Issuanceof license; renewal; suspension; revocation

 

DISEASEAND CONTAMINATION PREVENTION

 

621.176     Standardsof construction for plants and facilities

 

621.181     Standardsof sanitation for operation of plants and facilities

 

621.183     Prohibitionagainst operating plant or facility that does not meet standards

 

621.193     Standardsfor farm bulk storage facilities

 

621.198     Prohibitionagainst use or dealing with user of nonstandard bulk storage facilities

 

621.203     Condemnationof unfit container and its contents

 

621.207     Prohibitionagainst unauthorized removal of condemnation tag or marking or use of containeror its contents

 

621.224     Bacterialstandards

 

621.226     Condemnationof unlawful milk, cream, dairy product or fluid milk

 

621.259     Pasteurizationequipment; supervision by licensed pasteurizer operator

 

621.261     Regulationsregarding equipment used in pasteurization process

 

621.266     Pasteurizeroperator license; rules; fee

 

621.276     Licenseesto show knowledge of and ability to comply with changes in laws or regulations

 

621.281     Suspensionor revocation of licenses issued under ORS 621.266

 

621.297     Certificationof milk and dairy product testing laboratories; fee

 

621.300     Useof Ring Test or Whey Test for brucellosis

 

ICECREAM AND OTHER FROZEN DESSERTS

 

621.311     Definitionsand standards of identity for frozen desserts; rules

 

621.320     Labelingrequirements for frozen desserts; exemption

 

621.335     Licensesto make and sell frozen desserts at wholesale; fees; expiration; rules

 

621.340     Sellingfrozen dessert with excessive bacteria count prohibited

 

621.345     Saleor offering for sale of nonconforming product prohibited

 

621.368     Revocationof licenses

 

621.369     Possessionof frozen dessert or frozen dessert mix as prima facie evidence of intent tosell

 

CONDENSEDOR EVAPORATED MILK; IMITATION MILK AND DAIRY PRODUCT SUBSTITUTES

 

621.405     Definitionsand standards for condensed or evaporated milk

 

621.410     Requisitesof milk used in manufacture of condensed or evaporated milk; vegetable fatprohibited

 

621.418     Standardsfor imitation milk products; sale of nonstandard imitation milk prohibited

 

621.435     Substituteor imitation dairy products; use of words or pictures indicating product to begenuine; exception

 

621.445     Restrictionson serving colored butter substitute in public eating place

 

STATEFACILITIES FOR TESTING MILK FAT CONTENT

 

621.720     Testingfor milk fat content required

 

621.730     Departmentto provide testing; contracts of purchase not to be terminated; testing fees

 

621.740     Liabilityfor payment of fees

 

621.750     Samplingand testing; payment adjustments; rules

 

PENALTIES

 

621.991     Criminalpenalty

 

621.995     Civilpenalties; rules; hearing; disposition of moneys

 

GENERALPROVISIONS

 

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

      (1)“Container” means milk and cream cans, farm milk tanks, milk tank trucks, milkstorage tanks, pasteurizing vats, cheese vats, butter churns, butter tubs,cheese hoops and any other receptacle designed for use or used to hold fluidmilk, milk or dairy products.

      (2)“Cream” means that portion of milk consisting of milk fat.

      (3)“Dairy products” means:

      (a)Butter.

      (b)All varieties of cheese, frozen desserts and frozen dessert mixes containingmilk, cream or nonfat milk solids.

      (c)Evaporated, condensed, concentrated, powdered, dried or fermented milk, whey,cream and skimmed milk.

      (4)“Dairy products plant” means:

      (a)An establishment where milk is received, processed or used in manufacturingdairy products for human consumption.

      (b)A place or premises where milk is received or collected.

      (c)A bulk tank truck or other mobile equipment used by a milk hauler or otherperson in the transportation of milk, fluid milk or milk products.

      (d)A location operated by a nonprocessing cooperative, corporation, association orperson serving as a marketing agent for producers.

      (5)“Department” means the State Department of Agriculture.

      (6)“Disease-free herd” means a herd of cows, sheep or goats that is not aninfected herd. As used in this subsection, “infected herd” means a herd ofcows, sheep or goats in which one or more reactor animals have been discoveredby any test authorized by law and that has not regained its disease-free statusfollowing the slaughter of the reactor animals and retesting of the herd asprescribed by the department.

      (7)“Distributor” means a person who purchases only unpasteurized milk andpasteurizes or otherwise processes that milk, then bottles and distributes themilk for human consumption.

      (8)“Fluid milk” means milk and any other product made by the addition of asubstance to milk or to a liquid form of milk product if the milk or otherproduct is produced, processed, distributed, sold or offered or exposed forsale for human consumption. Fluid milk includes sterilized fluid milk productsand the fluid milk products for which a standard of identity has beenestablished by the department.

      (9)“Frozen dessert” means a food product that is defined and standardized by ruleunder ORS 621.311.

      (10)“Frozen dessert mix” means the unfrozen, blended ingredients, in liquid orpowdered form, from which frozen desserts are made by freezing the mixingredients to a solid or semisolid consistency.

      (11)“Frozen dessert retailer” means a person who freezes or makes frozen dessertsfor direct sale to or use by a consumer.

      (12)“Frozen dessert wholesaler” means a person, other than a frozen dessertretailer, engaged in the business of freezing or making frozen desserts forsale. “Frozen dessert wholesaler” does not include interstate carriers, healthcare facilities as defined in ORS 442.015, domiciliary care facilities asdefined in ORS 443.205, schools, institutions or fraternal, social or religiousorganizations or persons engaging in occasional or incidental sales as definedby department rule.

      (13)“Imitation milk product” means:

      (a)A compound of milk and edible oil or fat, other than natural milk fat, with orwithout other ingredients.

      (b)A compound or product that is not a fluid milk product, that is made to have orhas the appearance, taste or texture of a fluid milk product or a generalcomposition similar to that of a fluid milk product, for which a standard ofidentity has been established by the department, and that may reasonably bemistaken for a fluid milk product.

      (14)“Milk” means the lacteal secretion of cows, sheep and goats.

      (15)“Milk hauler” means a person who, in the course of employment, accepts bulkfluid milk and transports that commodity to a dairy products plant or aphysical facility of a distributor or producer-distributor.

      (16)“Nonprocessing distributor” means a person who sells fluid milk inconsumer-sized units under the person’s own brand or trade name after the milkhas been processed and packaged by a distributor or producer-distributor.

      (17)“Pasteurize” means the process established by the department pursuant to ORS621.261 by which each particle of milk, cream or any other dairy product istreated, usually by heat, for the purpose of destroying or rendering harmlessbacterial organisms, including pathogenic organisms and viruses.

      (18)“Producer” means a person who engages in the production of unpasteurized milkon a dairy farm and does not bottle the milk on the premises where productionoccurs, in pasteurized or unpasteurized form and for human consumption.

      (19)“Producer-distributor” means:

      (a)A person who bottles milk on the premises where production occurs, inpasteurized or unpasteurized form and for human consumption.

      (b)A person who purchases milk from a producer, pasteurizes that milk, thenbottles it for distribution. [1999 c.197 §2]