(1) Within the availability of funds to be collected under ORS 621.740, the State Department of Agriculture shall maintain laboratory facilities and purchase necessary equipment and materials to carry out this section and ORS 621.720, 621.740 and 621.750.
(2) Any producer or other person engaged in the milk industry is authorized to request the department to provide and furnish official testing, retesting or duplicate testing of milk.
(3) A milk handler, dealer, licensee or purchaser of milk shall not terminate or threaten to terminate the purchase of milk from a producer or seller, or take or threaten to take other retaliatory action against a producer or seller of milk, because the producer or seller has exercised rights and privileges as authorized in this section. In addition to any action the department is authorized to take against any person taking retaliatory steps or procedures, the producer or seller of milk may also maintain an action for damages against the same person. The prevailing party in the action shall be entitled to reasonable attorney fees at trial and on appeal.
(4) The department may establish reasonable fees for enforcing and carrying out this section and ORS 621.720, 621.740 and 621.750, in amounts necessary to reimburse the department for the furnishing of services and materials as required thereunder. [1965 c.474 §3; 1979 c.499 §24; 1981 c.897 §73; 1999 c.197 §58]
Section: Previous 621.690 621.695 621.700 621.705 621.710 621.715 621.720 621.730 621.740 621.750 621.754 621.755 621.760 621.765 621.770 NextLast modified: August 7, 2008