ORS Chapter 621

Chapter 621 — Milk;Dairy Products; Substitutes

2009 EDITION

MILK;DAIRY PRODUCTS; SUBSTITUTES

FOODAND OTHER COMMODITIES

GENERALPROVISIONS

621.003 Definitions

621.010 Restrainingviolations

621.012 Exceptionfor small-scale on-farm sales

621.015 Dispositionof license fees; appropriation

621.018 Entryand use of fluid milk produced outside state; reciprocal agreements

GRADINGAND STANDARDS OF IDENTITY

621.056 Employmentof grader

621.057 Recordof grade of milk

621.058 Gradesand standards of quality for milk, fluid milk and dairy products; rules

621.059 Definitionsand standards of identity for cheese; rules

621.060 Establishingstandards of quality and identity for fluid milk; rules

621.062 Deviationfrom standard of identity prohibited

621.065 Designationof grades

GRADEDESIGNATION USE

621.070 Licenserequired to use grade designation

621.072 Issuanceof license to use grade designation; grading by milk hauler; facilityinspections; fees

621.073 Suspensionof grade use privilege

621.076 Containerlabeling; bottling unpasteurized milk; prohibition against milk by or fromsuspended licensee

621.078 Additionalusers of milk processing plant; fees; rules

621.083 Proceduresand equipment for graders

WEIGHING,SAMPLING AND TESTING

621.084 Weighing,sampling and testing fluid milk

621.088 Saleor possession of milk or cream to which water has been added

621.092 Rightof producer to be present at weighing, sampling or testing and to have owntests made

621.093 Liabilityof licensee for inaccurate weighing, sampling, testing or recording; attorneyfees

621.094 Authorityof department to take charge of weighing, sampling and testing uponnoncompliance

621.096 Regulationsregarding weighing, sampling and testing

PROHIBITEDACTS, GENERALLY

621.116 Prohibitionagainst retail sale of unpasteurized milk from cows

621.117 Distributoror producer-distributor may sell only milk that is pasteurized or fromdisease-free goats or sheep

621.122 Prohibitionsregarding sales, pasteurization, sampling, weighing, grading and containers;prohibited acts of licensees; pasteurization exemption

621.124 Milknot to be sold if from diseased animals or from animals that have not beentested or retested for brucellosis

DAIRYPRODUCTS PLANTS

621.161 Operationof dairy products plant without license prohibited

621.166 Applicationfor dairy products plant license; rules; fee; expiration; mobile milk tankerfees

621.169 Additionalusers of dairy products plant; fees; rules

621.171 Issuanceof license; renewal; suspension; revocation

DISEASEAND CONTAMINATION PREVENTION

621.176 Standardsof construction for plants and facilities

621.181 Standardsof sanitation for operation of plants and facilities

621.183 Prohibitionagainst operating plant or facility that does not meet standards

621.193 Standardsfor farm bulk storage facilities

621.198 Prohibitionagainst use or dealing with user of nonstandard bulk storage facilities

621.203 Condemnationof unfit container and its contents

621.207 Prohibitionagainst unauthorized removal of condemnation tag or marking or use of containeror its contents

621.224 Bacterialstandards

621.226 Condemnationof unlawful milk, cream, dairy product or fluid milk

621.259 Pasteurizationequipment; supervision by licensed pasteurizer operator

621.261 Regulationsregarding equipment used in pasteurization process

621.266 Pasteurizeroperator license; rules; fee

621.276 Licenseesto show knowledge of and ability to comply with changes in laws or regulations

621.281 Suspensionor revocation of licenses issued under ORS 621.266

621.297 Certificationof milk and dairy product testing laboratories; fee

621.300 Useof Ring Test or Whey Test for brucellosis

ICECREAM AND OTHER FROZEN DESSERTS

621.311 Definitionsand standards of identity for frozen desserts; rules

621.320 Labelingrequirements for frozen desserts; exemption

621.335 Licensesto make and sell frozen desserts at wholesale; fees; expiration; rules

621.340 Sellingfrozen dessert with excessive bacteria count prohibited

621.345 Saleor offering for sale of nonconforming product prohibited

621.368 Revocationof licenses

621.369 Possessionof frozen dessert or frozen dessert mix as prima facie evidence of intent tosell

CONDENSEDOR EVAPORATED MILK; IMITATION MILK AND DAIRY PRODUCT SUBSTITUTES

621.405 Definitionsand standards for condensed or evaporated milk

621.410 Requisitesof milk used in manufacture of condensed or evaporated milk; vegetable fatprohibited

621.418 Standardsfor imitation milk products; sale of nonstandard imitation milk prohibited

621.435 Substituteor imitation dairy products; use of words or pictures indicating product to begenuine; exception

621.445 Restrictionson serving colored butter substitute in public eating place

STATEFACILITIES FOR TESTING MILK FAT CONTENT

621.720 Testingfor milk fat content required

621.730 Departmentto provide testing; contracts of purchase not to be terminated; testing fees

621.740 Liabilityfor payment of fees

621.750 Samplingand testing; payment adjustments; rules

PENALTIES

621.991 Criminalpenalty

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]