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]
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]
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]
