Oregon Statutes - Chapter 621 - Milk; Dairy Products; Substitutes

• 621.003   Definitions.
  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...
• 621.005   [Amended by 1979 c.320 §15; 1982 s.s.1 c.4 §16; repealed by 1999 c.197 §61]
• 621.010   Restraining violations.
  (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...
• 621.012   Exception for small-scale on-farm sales.
  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...
• 621.015   Disposition of license fees; appropriation.
  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...
• 621.018   Entry and use of fluid milk produced outside state; reciprocal agreements.
  (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...
• 621.020   [1957 c.346 §6; 1999 c.197 §7; renumbered 621.300 in 1999]
• 621.055   [Amended by 1955 c.714 §11; 1959 c.346 §2; 1981 c.523 §2; repealed by 1999 c.197 §61]
• 621.056   Employment of grader.
  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...
• 621.057   Record of grade of milk.
  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...
• 621.058   Grades and standards of quality for milk, fluid milk and dairy products; rules.
  (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...
• 621.059   Definitions and standards of identity for cheese; rules.
  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...
• 621.060   Establishing standards of quality and identity for fluid milk; rules.
  (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...
• 621.062   Deviation from standard of identity prohibited.
  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...
• 621.065   Designation of grades.
  The State Department of Agriculture shall establish two standards of quality for fluid milk. The higher standard of quality shall be designated as “grade A.”...
• 621.070   License required to use grade designation.
  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...
• 621.072   Issuance of license to use grade designation; grading by milk hauler; facility inspections; fees.
  (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...
• 621.073   Suspension of grade use privilege.
  (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...
• 621.074   [Formerly 621.080; repealed by 1963 c.48 §5]
• 621.075   [Amended by 1955 c.714 §13; renumbered 621.072]
• 621.076   Container labeling; bottling unpasteurized milk; prohibition against milk by or from suspended licensee.
  (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...
• 621.077   [Formerly 621.082; 1999 c.197 §13; renumbered 621.224 in 1999]
• 621.078   Additional users of milk processing plant; fees; rules.
  (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...
• 621.079   [1959 c.145 §§2, 3; 1979 c.320 §1; repealed by 1982 s.s.1 c.4 §7]
• 621.080   [Amended by 1959 c.145 §9; renumbered 621.074]
• 621.081   [1959 c.145 §§4,5,6,8; 1963 c.48 §3; 1971 c.773 §9; 1979 c.320 §2; repealed by 1982 s.s.1 c.4 §14]
• 621.082   [1955 c.714 §16; renumbered 621.077]
• 621.083   Procedures and equipment for graders.
  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...
• 621.084   Weighing, sampling and testing fluid milk.
  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...
• 621.085   [Repealed by 1999 c.197 §61]
• 621.088   Sale or possession of milk or cream to which water has been added.
  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...
• 621.089   [1955 c.25 §2; 1973 c.99 §1; 1983 c.55 §1; 1999 c.197 §17; 1999 c.937 §2a; renumbered 621.012 in 1999]
• 621.090   [Amended by 1959 c.241 §1; repealed by 1999 c.197 §61]
• 621.092   Right of producer to be present at weighing, sampling or testing and to have own tests made.
  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...
• 621.093   Liability of licensee for inaccurate weighing, sampling, testing or recording; attorney fees.
  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...
• 621.094   Authority of department to take charge of weighing, sampling and testing upon noncompliance.
  (1) If a distributor, producer-distributor or dairy products plant licensee fails to comply with any provision of ORS 621.056, 621.057, 621.084, 621.092, 621.122 (7) to...
• 621.095   [Repealed by 1999 c.197 §61]
• 621.096   Regulations regarding weighing, sampling and testing.
  (1) The State Department of Agriculture shall promulgate regulations relating to the weighing, sampling and testing of milk and cream. (2) The department shall ensure...
• 621.100   [Repealed by 1999 c.197 §61]
• 621.102   [1957 c.346 §2; repealed by 1999 c.197 §61]
• 621.105   [Amended by 1999 c.197 §18; renumbered 621.018 in 1999]
• 621.110   [Repealed by 1979 c.320 §19]
• 621.115   [Amended by 1955 c.714 §14; 1999 c.197 §19; renumbered 621.076 in 1999]
• 621.116   Prohibition against retail sale of unpasteurized milk from cows.
  A person may not sell or distribute for sale unpasteurized milk or fluid milk from cows, or dairy products from unpasteurized milk or fluid milk...
• 621.117   Distributor or producer-distributor may sell only milk that is pasteurized or from disease-free goats or sheep.
  A distributor, producer-distributor or dairy products plant licensee shall not sell or offer or expose for sale any dairy product or fluid milk for human...
• 621.118   [1955 c.714 §9(1), (2); 1999 c.197 §21; renumbered 621.259 in 1999]
• 621.119   [1955 c.714 §9(4); repealed by 1999 c.197 §61]
• 621.120   [Amended by 1961 c.425 §14; 1979 c.320 §4; 1999 c.197 §22; renumbered 621.073 in 1999]
• 621.122   Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers; prohibited acts of licensees; pasteurization exemption.
  (1) A person shall not operate or permit the operation of any pasteurization equipment except under the direct personal supervision of a person licensed as...
• 621.124   Milk not to be sold if from diseased animals or from animals that have not been tested or retested for brucellosis.
  (1) A person shall not sell or offer or expose for sale any fluid milk with knowledge that the milk has been produced from a...
• 621.125   [Amended by 1955 c.14 §1; repealed by 1957 c.346 §4 (621.124 enacted in lieu of 621.125)]
• 621.151   [1953 c.686 §30; repealed by 1999 c.197 §61]
• 621.152   [1953 c.686 §1; 1957 c.346 §7; 1963 c.80 §1; 1969 c.164 §4; 1971 c.769 §2; 1981 c.523 §4; repealed by 1999 c.197 §61]
• 621.155   [Repealed by 1953 c.686 §37]
• 621.156   [1953 c.686 §29; 1955 c.714 §6; 1971 c.769 §3; 1979 c.320 §5; 1982 s.s.1 c.4 §8; repealed by 1999 c.197 §61]
• 621.160   [Repealed by 1953 c.686 §37]
• 621.161   Operation of dairy products plant without license prohibited.
  A person shall not operate a dairy products plant unless that person has a valid dairy products plant license. A separate license is required for...
• 621.165   [Repealed by 1953 c.686 §37]
• 621.166   Application for dairy products plant license; rules; fee; expiration; mobile milk tanker fees.
  (1) Application for a dairy products plant license shall be made to the State Department of Agriculture on forms provided by the department. Each license...
• 621.169   Additional users of dairy products plant; fees; rules.
  (1) The State Department of Agriculture may issue a dairy products plant license under ORS 621.166 to one or more additional users of a dairy...
• 621.170   [Repealed by 1953 c.686 §37]
• 621.171   Issuance of license; renewal; suspension; revocation.
  (1) The State Department of Agriculture shall issue a dairy products plant license under ORS 621.166 or a license under ORS 621.072 for a distributor...
• 621.175   [Repealed by 1953 c.686 §37]
• 621.176   Standards of construction for plants and facilities.
  To ensure that the handling and processing of milk, fluid milk and dairy products is conducted in a sanitary environment, the State Department of Agriculture...
• 621.180   [Repealed by 1953 c.686 §37]
• 621.181   Standards of sanitation for operation of plants and facilities.
  The State Department of Agriculture shall prescribe minimum standards of sanitation for the operation of dairy products plants and physical facilities of a distributor or...
• 621.183   Prohibition against operating plant or facility that does not meet standards.
  A person shall not operate a dairy products plant or a physical facility of a distributor or producer-distributor that fails to conform to the standards...
• 621.185   [Repealed by 1953 c.686 §37]
• 621.186   [1953 c.686 §7; repealed by 1999 c.197 §61]
• 621.190   [Repealed by 1953 c.686 §37]
• 621.191   [1953 c.686 §8; repealed by 1969 c.152 §6]
• 621.193   Standards for farm bulk storage facilities.
  The State Department of Agriculture shall prescribe standards of construction and sanitation for bulk storage tanks, equipment, buildings and other facilities used by producers to...
• 621.195   [Repealed by 1953 c.686 §37]
• 621.196   [1953 c.686 §9; repealed by 1969 c.152 §6]
• 621.198   Prohibition against use or dealing with user of nonstandard bulk storage facilities.
  (1) A producer shall not store milk that is to be sold to a dairy products plant or to be used at a physical facility...
• 621.200   [Repealed by 1953 c.686 §37]
• 621.201   [1953 c.686 §10; 1955 c.118 §1; 1979 c.91 §1; 1999 c.197 §31; renumbered 621.058 in 1999]
• 621.203   Condemnation of unfit container and its contents.
  (1) The State Department of Agriculture shall condemn any container that it finds unfit for use by reason of dirt, rust, open seams or any...
• 621.205   [Repealed by 1953 c.686 §37]
• 621.206   [1953 c.686 §11; 1979 c.320 §12; 1999 c.197 §32; renumbered 621.056 in 1999]
• 621.207   Prohibition against unauthorized removal of condemnation tag or marking or use of container or its contents.
  (1) A person other than an authorized employee or agent of the State Department of Agriculture shall not remove a condemnation tag or marking from...
• 621.210   [Repealed by 1953 c.686 §37]
• 621.211   [1953 c.686 §15; 1979 c.320 §16; repealed by 1999 c.197 §61]
• 621.215   [Repealed by 1953 c.686 §37]
• 621.216   [1953 c.686 §12; 1979 c.320 §14; 1999 c.197 §33; renumbered 621.057 in 1999]
• 621.220   [Repealed by 1953 c.686 §37]
• 621.221   [1953 c.686 §13; 1955 c.118 §2; repealed by 1999 c.197 §61]
• 621.224   Bacterial standards.
  All fluid milk is subject to the same bacterial standards as established by rule of the State Department of Agriculture. [Formerly 621.077]
• 621.225   [Repealed by 1953 c.686 §37]
• 621.226   Condemnation of unlawful milk, cream, dairy product or fluid milk.
  (1) Whenever a grader determines that any milk, cream, dairy product or fluid milk is unlawful, the grader shall immediately affix a condemnation tag to...
• 621.230   [Repealed by 1953 c.686 §37]
• 621.231   [1953 c.686 §18; 1959 c.144 §1; repealed by 1999 c.197 §61]
• 621.236   [1953 c.686 §19; 1959 c.144 §2; 1999 c.197 §35; renumbered 621.096 in 1999]
• 621.241   [1953 c.686 §20; 1999 c.197 §36; renumbered 621.092 in 1999]
• 621.246   [1953 c.686 §21; 1981 c.897 §72; 1995 c.618 §92; 1999 c.197 §37; renumbered 621.093 in 1999]
• 621.251   [1953 c.686 §22; 1999 c.197 §38; renumbered 621.094 in 1999]
• 621.255   [Repealed by 1953 c.686 §37]
• 621.256   [1953 c.686 §16; repealed by 1999 c.197 §61]
• 621.259   Pasteurization equipment; supervision by licensed pasteurizer operator.
  If pasteurization equipment is used by a distributor or producer-distributor or at a dairy products plant, the distributor, producer-distributor or dairy products plant licensee shall...
• 621.260   [Repealed by 1953 c.686 §37]
• 621.261   Regulations regarding equipment used in pasteurization process.
  The State Department of Agriculture shall promulgate regulations prescribing the equipment to be used in the pasteurization of dairy products and the manner of cleaning...
• 621.265   [Repealed by 1953 c.686 §37]
• 621.266   Pasteurizer operator license; rules; fee.
  (1) Application for a pasteurizer operator license shall be made to the State Department of Agriculture on forms provided by the department. A license issued...
• 621.270   [Repealed by 1953 c.686 §37]
• 621.271   [1953 c.686 §24; repealed by 1979 c.320 §19]
• 621.275   [Repealed by 1953 c.686 §37]
• 621.276   Licensees to show knowledge of and ability to comply with changes in laws or regulations.
  (1) When any amendment is made in the laws of this state or new regulations are promulgated relating to a change in the grades of...
• 621.280   [Repealed by 1953 c.686 §37]
• 621.281   Suspension or revocation of licenses issued under ORS 621.266.
  If a person licensed under ORS 621.266 does not fully and faithfully comply with all provisions of ORS 621.122, 621.266 or 621.276 or standards and...
• 621.285   [Repealed by 1953 c.686 §37]
• 621.286   [1953 c.686 §28; 1969 c.152 §1; 1971 c.743 §402; 1971 c.769 §6; 1979 c.320 §17; 1983 c.740 §234; 1999 c.197 §42; 1999 c.937 §6; renumbered 621.122 in 1999]
• 621.290   [Repealed by 1953 c.686 §37]
• 621.291   [1953 c.686 §36; repealed by 1999 c.197 §61]
• 621.293   [1971 c.769 §8; repealed by 1979 c.320 §19]
• 621.295   [Repealed by 1953 c.686 §37]
• 621.297   Certification of milk and dairy product testing laboratories; fee.
  (1) The chief laboratory officer of the State Department of Agriculture may certify milk and dairy industry laboratories or other commercial laboratories capable of analyzing...
• 621.300   Use of Ring Test or Whey Test for brucellosis.
  The State Department of Agriculture may approve the use of the Ring Test or the Whey Test as alternatives to blood testing of milk producing...
• 621.305   [Amended by 1953 c.684 §12; 1959 c.343 §1; 1961 c.459 §1; 1965 c.45 §1; 1979 c.320 §8; repealed by 1999 c.197 §61]
• 621.310   [Amended by 1953 c.684 §12; repealed by 1961 c.360 §1 (621.311 enacted in lieu of 621.310)]
• 621.311   Definitions and standards of identity for frozen desserts; rules.
  As authorized by ORS 616.230 and 632.900 to 632.935, the State Department of Agriculture shall, by rule, establish definitions and standards of identity for frozen...
• 621.315   [Amended by 1953 c.684 §12; repealed by 1999 c.197 §61]
• 621.320   Labeling requirements for frozen desserts; exemption.
  (1) Frozen desserts sold in package form or final delivery containers shall be labeled as required by rule of the State Department of Agriculture. Except...
• 621.325   [Amended by 1953 c.684 §12; subsection (3) enacted as 1953 c.684 §7; 1961 c.360 §4; 1985 c.286 §2; repealed by 1999 c.197 §61]
• 621.330   [Amended by 1953 c.684 §12; 1979 c.320 §10; repealed by 1999 c.197 §61]
• 621.335   Licenses to make and sell frozen desserts at wholesale; fees; expiration; rules.
  (1) A person engaged in the business of freezing or making frozen desserts and then selling those frozen desserts at wholesale must obtain a license...
• 621.340   Selling frozen dessert with excessive bacteria count prohibited.
  A frozen dessert wholesaler shall not sell, offer for sale or possess with intent to sell a frozen dessert or frozen dessert mix that has...
• 621.345   Sale or offering for sale of nonconforming product prohibited.
  A person shall not sell or offer for sale any product that the person represents to be a frozen dessert or that simulates or imitates...
• 621.348   [1953 c.684 §12; repealed by 1999 c.197 §61]
• 621.350   [Amended by 1953 c.684 §12; repealed by 1999 c.197 §61]
• 621.352   [1953 c.684 §12; repealed by 1999 c.197 §61]
• 621.355   [Repealed by 1999 c.197 §61]
• 621.357   [1953 c.684 §12; repealed by 1999 c.197 §61]
• 621.360   [Amended by 1953 c.684 §12; repealed by 1999 c.197 §61]
• 621.365   [Repealed by 1999 c.197 §61]
• 621.367   [1953 c.684 §12; repealed by 1999 c.197 §61]
• 621.368   Revocation of licenses.
  The State Department of Agriculture may revoke a license issued pursuant to ORS 621.335 for a violation of ORS 621.340 or 621.345 by the licensee....
• 621.369   Possession of frozen dessert or frozen dessert mix as prima facie evidence of intent to sell.
  In any proceeding instituted for a violation of ORS 621.340 in which possession with intent to sell a frozen dessert or frozen dessert mix is...
• 621.370   [Repealed by 1963 c.48 §5]
• 621.405   Definitions and standards for condensed or evaporated milk.
  (1) A person shall not manufacture for sale, possess with the intent to sell, offer or expose for sale or sell any condensed or evaporated...
• 621.410   Requisites of milk used in manufacture of condensed or evaporated milk; vegetable fat prohibited.
  (1) A person shall not manufacture for sale, or sell or exchange, or expose or offer for sale or exchange, any condensed or evaporated milk,...
• 621.415   [Repealed by 1963 c.165 §1 (621.416 enacted in lieu of 621.415)]
• 621.416   [1963 c.165 §2 (enacted in lieu of 621.415); 1969 c.149 §1; repealed by 1999 c.197 §61]
• 621.418   Standards for imitation milk products; sale of nonstandard imitation milk prohibited.
  (1) The State Department of Agriculture shall establish official state standards of quality and identity for imitation milk products in the manner prescribed in ORS...
• 621.420   [Amended by 1963 c.165 §3; repealed by 1999 c.197 §61]
• 621.425   [Amended by 1963 c.165 §6; 1969 c.152 §4; repealed by 1999 c.197 §61]
• 621.429   [1963 c.165 §5; repealed by 1999 c.197 §61]
• 621.430   [Repealed by 1963 c.165 §8]
• 621.435   Substitute or imitation dairy products; use of words or pictures indicating product to be genuine; exception.
  (1) A person engaged in manufacturing, selling, offering for sale, advertising or otherwise dealing in any product used or intended for use as a substitute...
• 621.440   [Repealed by 1999 c.197 §61]
• 621.445   Restrictions on serving colored butter substitute in public eating place.
  (1) In any public eating place serving meals for compensation at which a butter substitute colored to imitate butter is served, the owner or manager...
• 621.455   [Repealed by 1953 c.686 §37]
• 621.460   [Repealed by 1953 c.686 §37]
• 621.465   [Repealed by 1953 c.686 §37]
• 621.470   [Repealed by 1953 c.686 §37]
• 621.475   [Repealed by 1953 c.686 §37]
• 621.480   [Repealed by 1953 c.686 §37]
• 621.485   [Repealed by 1953 c.686 §37]
• 621.490   [Repealed by 1953 c.686 §37]
• 621.495   [Repealed by 1953 c.686 §37]
• 621.500   [Repealed by 1953 c.686 §37]
• 621.505   [Repealed by 1953 c.686 §37]
• 621.555   [Repealed by 1965 c.107 §7]
• 621.560   [Repealed by 1965 c.107 §7]
• 621.565   [Repealed by 1965 c.107 §7]
• 621.570   [Repealed by 1965 c.107 §7]
• 621.575   [Repealed by 1965 c.107 §7]
• 621.580   [Repealed by 1965 c.107 §7]
• 621.585   [Repealed by 1965 c.107 §7]
• 621.590   [Repealed by 1965 c.107 §7]
• 621.595   [Repealed by 1965 c.107 §7]
• 621.600   [Repealed by 1965 c.107 §7]
• 621.605   [Repealed by 1959 c.79 §1]
• 621.610   [Repealed by 1959 c.79 §1]
• 621.655   [Repealed by 1955 c.81 §1]
• 621.656   [1955 c.714 §2; repealed by 1999 c.197 §61]
• 621.660   [Repealed by 1955 c.81 §1]
• 621.661   [1955 c.714 §3; 1979 c.320 §18; 1999 c.197 §55; renumbered 621.203 in 1999]
• 621.665   [Repealed by 1955 c.81 §1]
• 621.666   [1955 c.714 §4; 1999 c.197 §56; renumbered 621.207 in 1999]
• 621.670   [Repealed by 1955 c.81 §1]
• 621.675   [Repealed by 1955 c.81 §1]
• 621.680   [Repealed by 1955 c.81 §1]
• 621.685   [Repealed by 1953 c.423 §2]
• 621.690   [Repealed by 1955 c.81 §1]
• 621.695   [Repealed by 1955 c.50 §1]
• 621.700   [Repealed by 1955 c.50 §1]
• 621.705   [Repealed by 1955 c.50 §1]
• 621.710   [Repealed by 1955 c.50 §1]
• 621.715   [Repealed by 1955 c.50 §1]
• 621.720   Testing for milk fat content required.
  The State Department of Agriculture shall establish and maintain procedures, systems and plans to carry out and enforce the intent and purposes of ORS 621.730,...
• 621.730   Department to provide testing; contracts of purchase not to be terminated; testing fees.
  (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...
• 621.740   Liability for payment of fees.
  (1) The producer or person requesting official testing and related testing services from the State Department of Agriculture, as authorized under ORS 621.730 and 621.750...
• 621.750   Sampling and testing; payment adjustments; rules.
  The State Department of Agriculture shall promulgate rules including but not limited to the following: (1) Any producer may request the department to make an...
• 621.754   [1965 c.474 §6; repealed by 1999 c.197 §61]
• 621.755   [Repealed by 1953 c.686 §37]
• 621.760   [Repealed by 1953 c.686 §37]
• 621.765   [Repealed by 1953 c.686 §37]
• 621.770   [Repealed by 1953 c.686 §37]
• 621.775   [Repealed by 1953 c.686 §37]
• 621.785   [Repealed by 1953 c.686 §37]
• 621.790   [Repealed by 1953 c.686 §37]
• 621.990   [Amended by 1953 c.684 §12; subsection (4) enacted as 1953 c.686 §31; subsection (9) of 1963 Replacement Part enacted as 1955 c.714 §5; 1965 c.107 §4; subsection (10) enacted as 1965 c.474 §7; subsection (11) enacted as 1969 c.164 §6; subsection (12) enacted as 1969 c.149 §5; repealed by 1999 c.197 §61]
• 621.991   Penalties.
  Violation of any provision 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, 621.198, 621.207, 621.226, 621.259, 621.335,...

Last modified: August 7, 2008