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 used to hold fluid milk, 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 containing milk, 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 manufacturing dairy 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 other person in the transportation of milk, fluid milk or milk products.
(d) A location operated by a nonprocessing cooperative, corporation, association or person 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 an infected herd. As used in this subsection, “infected herd” means a herd of cows, sheep or goats in which one or more reactor animals have been discovered by any test authorized by law and that has not regained its disease-free status following the slaughter of the reactor animals and retesting of the herd as prescribed by the department.
(7) “Distributor” means a person who purchases only unpasteurized milk and pasteurizes or otherwise processes that milk, then bottles and distributes the milk for human consumption.
(8) “Fluid milk” means milk and any other product made by the addition of a substance to milk or to a liquid form of milk product if the milk or other product is produced, processed, distributed, sold or offered or exposed for sale for human consumption. Fluid milk includes sterilized fluid milk products and the fluid milk products for which a standard of identity has been established by the department.
(9) “Frozen dessert” means a food product that is defined and standardized by rule under ORS 621.311.
(10) “Frozen dessert mix” means the unfrozen, blended ingredients, in liquid or powdered form, from which frozen desserts are made by freezing the mix ingredients to a solid or semisolid consistency.
(11) “Frozen dessert retailer” means a person who freezes or makes frozen desserts for direct sale to or use by a consumer.
(12) “Frozen dessert wholesaler” means a person, other than a frozen dessert retailer, engaged in the business of freezing or making frozen desserts for sale. “Frozen dessert wholesaler” does not include interstate carriers, health care facilities as defined in ORS 442.015, domiciliary care facilities as defined in ORS 443.205, schools, institutions or fraternal, social or religious organizations or persons engaging in occasional or incidental sales as defined by department rule.
(13) “Imitation milk product” means:
(a) A compound of milk and edible oil or fat, other than natural milk fat, with or without other ingredients.
(b) A compound or product that is not a fluid milk product, that is made to have or has the appearance, taste or texture of a fluid milk product or a general composition similar to that of a fluid milk product, for which a standard of identity has been established by the department, and that may reasonably be mistaken 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 bulk fluid milk and transports that commodity to a dairy products plant or a physical facility of a distributor or producer-distributor.
(16) “Nonprocessing distributor” means a person who sells fluid milk in consumer-sized units under the person’s own brand or trade name after the milk has been processed and packaged by a distributor or producer-distributor.
(17) “Pasteurize” means the process established by the department pursuant to ORS 621.261 by which each particle of milk, cream or any other dairy product is treated, usually by heat, for the purpose of destroying or rendering harmless bacterial organisms, including pathogenic organisms and viruses.
(18) “Producer” means a person who engages in the production of unpasteurized milk on a dairy farm and does not bottle the milk on the premises where production occurs, 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, in pasteurized or unpasteurized form and for human consumption.
(b) A person who purchases milk from a producer, pasteurizes that milk, then bottles it for distribution. [1999 c.197 §2]
Section: 621.003 621.005 621.010 621.012 621.015 621.018 621.020 621.055 621.056 621.057 621.058 621.059 621.060 621.062 621.065 NextLast modified: August 7, 2008