The State Department of Agriculture, for the protection of the health and life of animals or the people of this state, may take measures to control, limit or prohibit the use or intended use, or the presence of food additives. It may promulgate rules relating thereto. Such rules may prescribe for any reason as set forth in this section, that any food additive is unsafe within the meaning of ORS 616.235 (1)(b). In promulgating rules under the provisions of this section the authority of the department includes:
(1) Providing for an exemption from the operation of ORS 616.335 to 616.385 of the use or intended use of a specific food additive.
(2) Prescribing, with respect to one or more proposed uses of the food additive involved, the conditions under which such additive may be safely used including but not limited to, specifications as to the particular food or classes of food in or in which such additive may be used, the maximum quantity which may be used or permitted to remain in or on such food, the manner in which such additive may be added to or used in or on such food, and any directions or other labeling or packaging requirements for such additive deemed necessary to assure the safety of such use.
(3) Establishing and prescribing tolerances, if appropriate, to assure that the proposed use of a food additive will be safe. The department shall not:
(a) Fix such tolerance limitation at a level higher than it finds to be reasonably required to accomplish the physical or other technical effect for which such additive is intended.
(b) Establish a rule for such proposed use if it finds upon a fair evaluation of the data before it, that such data does not establish that such use would accomplish the intended physical or other technical effect.
(4) Prescribing for the exemption from the requirements of this section any food additive, and any food bearing or containing such additive, intended solely for investigational use by qualified experts when in the opinion of the department, such exemption is consistent with the public health. [1961 c.637 §8; 1973 c.227 §18]
Section: Previous 616.325 616.330 616.333 616.335 616.340 616.341 616.345 616.350 616.355 616.360 616.365 616.366 616.370 616.375 616.380 NextLast modified: August 7, 2008