619.036 Sanitationand record inspections; seizure of nonconforming foods and facilities
619.041 Prohibitionon use of establishment or vehicle upon determination of insanitary conditions;posting notice; removal of notice prohibited
619.046 Rules
619.051 Prohibitedacts
619.056 Trichinaetreatment required for pork products
619.061 Taggingand identification of meat products by person operating retail sales and customslaughter or processing establishments
619.066 Labelingof meat products to conform to ORS chapters 616 and 618
619.071 Dispositionof moneys received by department
GAMEMEAT INSPECTION
619.095 Whengame meat inspection required; processing by approved establishment
619.105 Liabilityof public employees for inspection
IDENTIFICATIONOF FRYERS
619.350 “Fryer”defined
619.355 Identificationrequired before sale for human consumption; exception
619.360 Identificationrequired before transporting for sale for human consumption
619.365 Misrepresentationconcerning grower, state of origin or fresh condition
619.370 Labelingconcerning addition of chemical preservative
619.375 Certainfryers excepted from provisions of ORS 619.350 to 619.380
619.380 Enjoiningviolations
LABELINGOF LAMB
619.411 Definitionsfor ORS 619.411 to 619.426
619.416 Labelingrequired before sale for human consumption; restriction on use of words “Grownin Oregon”
619.421 Misrepresentationregarding grower, state of origin or fresh condition
619.426 Enjoiningviolations
PENALTIES
619.993 Criminalpenalty for meat inspection law violations
619.996 Civilpenalties; rules; hearing; disposition of moneys
STATEMEAT INSPECTION
619.010Definitions for ORS 619.010 to 619.026 and 619.036 to 619.066. As used in ORS619.010 to 619.026 and 619.036 to 619.066:
(1)“Adulterated,” “misbranded” and similar terms or words have the same meaningand are defined as contained in ORS chapter 616, ORS 632.275 to 632.290,632.450 to 632.490 and 632.900 to 632.985.
(2)“Animal food slaughtering or processing establishment” means any establishmentas defined in subsection (8) of this section wherein animals are slaughtered orparts thereof prepared, offered for sale, sold or used in any manner as animalfood.
(3)“Capable of use as human food” means any carcass, part of a carcass or meatproduct of any meat animal, which has not been denatured, or otherwiseidentified as required by rules prescribed by the department, to deter its useas human food, or which is naturally inedible by humans.
(4)“Custom processing establishment” means a stationary establishment wherein slaughteredmeat animals, or meat, caused to be delivered by the owners thereof, areprepared for compensation, payment or remuneration of any kind, and arethereafter returned to the owner thereof or to the order of the owner.
(5)“Custom slaughtering establishment” means a mobile or stationary establishmentwherein meat animals, caused to be delivered by the owners thereof, areslaughtered for compensation, payment or remuneration of any kind, and arethereafter returned to the owner thereof or to the order of the owner.
(6)“Department” means the State Department of Agriculture.
(7)“Equipment” means all machinery, fixtures, containers, vessels, tools,implements and apparatus used in and about an establishment.
(8)“Establishment” means and includes:
(a)Any building, structure or vehicle in which meat animals are slaughtered forconsumption or meat products are prepared, sold, offered or held for sale.
(b)The ground upon which such place of business is operated or used, and so muchground adjacent thereto as is also used in carrying on the business of theestablishment. The department may prescribe such additional area or placeswhich, although they may not be contiguous or adjacent to the above area orestablishment, may be included therein.
(9)“Federal Meat Inspection Act” means the Act so entitled approved March 4, 1907,(34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584).
(10)“Food” means any article used for food or drink by humans or by dogs and cats.
(11)“Label” means a display of written, printed or graphic matter upon theimmediate container, other than package liner, of any article. A requirementmade under authority of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993that any word, statement or other information appears on a label has not beenobeyed unless such word, statement or other information also appears on theoutside container or wrapper, if any there be, of the retail package of sucharticle, or unless such word, statement or information is easily legiblethrough the outside container or wrapper.
(12)“Labeling” means all labels and other written, printed or graphic matter uponan article or any of its containers or wrappers, or accompanying such article.
(13)“Meat animal” means any vertebrate animal, except fish and aquatic mammals, nototherwise prohibited by law for sale for human consumption.
(14)“Meat” or “meat product” means any edible muscle, except any muscle found inthe lips, snout or ears of meat animals, which is skeletal or found in the tongue,diaphragm, heart or esophagus, with or without any accompanying and overlyingfat, and any portion of bone, skin, sinew, nerve or blood vessels normallyaccompanying the muscle tissue and not separated from it in the process ofdressing or as otherwise prescribed by the department.
(15)“Meat by-product” means any edible part, other than meat, derived from one ormore meat animals.
(16)“Official mark” means the official inspection legend or any other symbolprescribed by regulations of the department to identify the status of anyarticle or animal.
(17)“Person” means any individual, partnership, association, incorporated orunincorporated business organization.
(18)“Poultry” means chickens, ducks, geese, turkeys, and all other domesticatedfowls or birds.
(19)“Prepared” means ground, seasoned, canned, cooked, salted, frozen, smoked,cured, pickled, packed, boned, dried, cut up, wrapped or otherwise manufacturedor processed.
(20)“Unwholesome” includes all meat or meat products which are diseased,contaminated, including drug or chemical residue, putrid, unsound, unhealthfulor unfit for food. [Amended by 1957 c.104 §2; 1959 c.565 §2; 1973 c.174 §4;1993 c.162 §2; 2001 c.104 §243]
619.016Short title.ORS 619.010 to 619.026 and 619.036 to 619.066 shall be known as the State MeatInspection Act. [1973 c.174 §2]
619.020 [Repealed by1973 c.174 §20]
619.021Purpose.The intent and purpose of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993is to give recognition to the Federal Meat Inspection Act presently beingenforced in this state and at the same time recognize the responsibility of theState of Oregon to protect the public health of the citizens of this state. Infurtherance of this responsibility the State Department of Agriculture isauthorized to take all measures necessary and proper in its judgment tocomplement the enforcement of the Federal Meat Inspection Act, and to preventand prohibit the sale and distribution of unwholesome meat and meat foodproducts dangerous to the health, safety and welfare of Oregon consumers. Inthis respect the department shall exercise general sanitary and qualitycontrol, and establish supervision and safeguards over meat establishments andmeat products under its jurisdiction. [1973 c.174 §3]
619.026Meat preparation establishment sanitation requirements. (1) Everyestablishment, including all equipment therein or thereon, shall be kept in aclean, healthful and sanitary condition.
(2)Unclean, unhealthful and insanitary conditions shall be deemed to exist if:
(a)All the equipment utilized is not thoroughly cleaned on a daily basis, or moreoften as required by the State Department of Agriculture.
(b)Meat and meat products being prepared, packed, stored, sold, distributed ortransported are not securely protected from flies, dust, dirt and, as far asmay be necessary, by all reasonable means from all other foreign or injuriouscontamination.
(c)The persons and clothing of all employees or other persons therein are unclean.
(d)The refuse, dirt and waste products, subject to decomposition or fermentationgenerated in the operation of the establishment, are not removed at least on adaily basis or as otherwise authorized by the department. [1973 c.174 §5]
619.030 [Amended by1957 c.104 §3; repealed by 1973 c.174 §20]
619.031Animal food slaughtering and processing establishments; license fees; applicationof ORS chapter 603; rules. (1) A person may not operate an animal foodslaughtering establishment or processing establishment without first obtaininga license therefor from the State Department of Agriculture.
(2)The license fees for an animal food slaughtering establishment or processingestablishment are:
(a)$216 if the establishment’s annual gross dollar volume of sales and services isnot more than $50,000;
(b)$271 if the establishment’s annual gross dollar volume of sales and services ismore than $50,000 and not more than $500,000;
(c)$325 if the establishment’s annual gross dollar volume of sales and services ismore than $500,000 and not more than $1 million;
(d)$487 if the establishment’s annual gross dollar volume of sales and services ismore than $1 million and not more than $5 million;
(e)$541 if the establishment’s annual gross dollar volume of sales and services ismore than $5 million and not more than $10 million; or
(f)$704 if the establishment’s annual gross dollar volume of sales and services ismore than $10 million.
(3)In establishing the amount of the license fee for an applicant, the departmentshall use the annual gross dollar volume of sales and services by thatapplicant within Oregon during the prior calendar year or, if the applicantmaintains sales and service records on a fiscal basis, the prior fiscal year.If the applicant applying for an original license or for a renewal licensecannot provide the annual gross dollar volume of sales and services for a fullcalendar year, the department shall base the fee on estimated annual grosssales and services by the applicant. If an applicant whose previous year’s feewas determined using an estimated gross sales and services figure applies forrenewal of that license, the fee for the previous license year shall beadjusted to reflect the actual gross dollar volume of sales and services by theapplicant. The license shall expire on June 30 next following the date ofissuance or on such date as may be specified by department rule.
(4)The provisions of ORS 603.025 (2) and (5), 603.034 (1) and (2), 603.045 (7) and603.075 shall apply to animal food slaughtering establishments or processingestablishments. Except as provided in this subsection, the remainder of theprovisions of ORS chapter 603 do not apply to such establishments.
(5)Notwithstanding subsection (1) of this section, a person licensed by the departmentunder ORS chapter 603 to slaughter meat animals and subject to federal meatinspection, or a person licensed by the department under ORS chapter 603 toslaughter only poultry and rabbits and subject to federal poultry inspection,or a person licensed by the department under ORS chapter 603 as anonslaughtering processor may, without being required to obtain an additionallicense, also sell or dispose of meat products as animal food provided thatsuch licensees also comply with the provisions of subsection (6) of thissection, ORS 619.010 to 619.026 and 619.036 to 619.066.
(6)In accordance with the provisions of ORS chapter 183, the department maypromulgate rules necessary to carry out and enforce any procedures or measuresto protect the health of the animals that are fed or intended to be fed themeat products sold or disposed of by animal food slaughtering establishments orprocessing establishments, and to protect the health of other animals in thisstate. In addition to the provisions of ORS 619.046, for the purposes of thissection the department shall take into consideration:
(a)The provisions of ORS chapter 596.
(b)The procedures necessary to ensure that meat products that are only fit for ordestined for animal consumption are not sold for human consumption.
(7)A person licensed as provided by this section:
(a)May not sell, hold or offer for sale any carcass of a meat animal or partthereof that is unfit for or unwholesome as animal food.
(b)May not sell, hold or offer for sale a carcass of a meat animal or part thereoffor human consumption.
(c)Shall keep complete and accurate records of the meat animals purchased forslaughter, including but not limited to their description, brands if any, dateof purchase and the name and address of the person from whom the animals werepurchased.
(d)Shall keep complete and accurate records of the sale of all meat animalcarcasses or parts thereof, including the name and address of the purchaser.
(e)Shall comply with the provisions of ORS 619.026. [1973 c.174 §13; 1975 c.304 §19;1982 s.s.1 c.4 §6; 1985 c.353 §3; 1991 c.632 §3; 2005 c.735 §§5,6; 2007 c.768 §§25,26]
619.036Sanitation and record inspections; seizure of nonconforming foods andfacilities.The State Department of Agriculture is authorized:
(1)To inspect at reasonable times the equipment, meat and meat products andpremises of establishments, meat seller establishments, grocery stores, orother places of business, for the purpose of enforcing minimum sanitaryrequirements, wholesomeness of meat and meat products and other provisions ofORS 576.024, 619.010 to 619.071, 619.370 and 619.993 or rules adopted under ORS576.024, 619.010 to 619.071, 619.370 and 619.993.
(2)To seize, embargo or detain any food commodity, or quarantine any building,equipment, vehicle or facility found upon inspection or test to be in violationof ORS 619.026 to 619.066 or of any rule adopted under ORS 619.026 to 619.066.
(3)To inspect at reasonable times the records required to be kept by ORS 619.031(7). [1973 c.174 §12; 2005 c.735 §§7,8]
619.040 [Repealed by1973 c.174 §20]
619.041Prohibition on use of establishment or vehicle upon determination of insanitaryconditions; posting notice; removal of notice prohibited. (1) Wheneverthe State Department of Agriculture determines that any part of anestablishment where meat products destined for sale or distribution areprepared, packed, stored, sold or distributed for consumption outside suchpremises, or any vehicle used in the transportation of such products is kept inan unclean, unhealthy or insanitary condition, the department shall:
(a)Notify the owner or person in charge that such establishment or vehicle shallnot be used for its intended purpose until it is put in a sanitary condition bymaking the changes ordered in the notice; and
(b)Post a notice upon such establishment or vehicle to the effect that it iscondemned for further use on account of the unclean, unhealthful or insanitarycondition.
(2)The notice shall not be removed without prior approval of the department. Acontinued use of such establishment or vehicle without making the changesordered, or an unauthorized removal of the notice, is a violation of thissection. [1973 c.174 §8]
619.046Rules.(1) In accordance with the provisions of ORS chapter 183, the State Departmentof Agriculture may promulgate rules necessary to carry out and enforce theprovisions of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993, includingbut not limited to:
(a)The establishment of conditions under which carcasses, meat and meat productsof meat animals shall be stored or otherwise handled by any person engaged inbuying, selling, freezing, storing, or transporting such articles, so as toassure that such articles will not be adulterated or misbranded when deliveredto the consumer.
(b)The establishment of requirements for any person engaged in buying, selling ortransporting dead, dying, disabled, or diseased meat animals, or parts thereof,to assure that such animals, or the unwholesome meat or meat products thereof,will be prevented from being used for human food.
(c)The establishment of minimum standards of quality and wholesomeness, anddefinitions and standards of identity for meat products. The definitions andstandards so promulgated shall conform so far as practicable to the definitionsand standards promulgated by authority of the United States and shall not beinconsistent with the definitions and standards promulgated by such federalauthority under the Federal Meat Inspection Act. Such standards of quality andwholesomeness, and definitions and standards of identity shall be applicable toany establishment, retail meat market, grocery store or other place where meatproducts are prepared, sold, held or offered for sale.
(2)In promulgating such rules the department may consider:
(a)Meat inspection programs and standards of other states and of the UnitedStates;
(b)Economic, health and welfare consequences to this state which might result fromthe production, preparation, handling, sale or consumption of unwholesome meator meat products;
(c)Necessary procedures required to prohibit the sale or consumption ofunwholesome meat or meat products; and
(d)Minimum standards of refrigeration necessary to protect meat or meat productsfrom spoilage, contamination and disease. [1973 c.174 §9; 1987 c.158 §120b]
619.050 [Repealed by1973 c.174 §20]
619.051Prohibited acts.No person shall:
(1)Have in the person’s possession for any reason or purpose unwholesome meat ormeat products that are not denatured and properly identified;
(2)Carry or transport, by vehicle or otherwise, the carcass or meat of any meatanimal destined for sale or distribution as food, unless it is thoroughlyprotected from dust, dirt, flies or other contaminants;
(3)Sell, hold or offer for sale any meat product if such meat product is from ameat animal not slaughtered under the auspices of the meat and poultryinspection program of the United States Department of Agriculture if federalregulations have been established for the inspection of the meat animal; or
(4)Engage in an activity requiring a license under the provisions of ORS chapter603 without first procuring such license from the State Department ofAgriculture and maintaining it as prescribed in ORS chapter 603. [1973 c.174 §6;1995 c.26 §1; 2003 c.14 §371]
619.056Trichinae treatment required for pork products. No foodconsisting wholly or in part of pork muscle tissue, such as bologna stylesausage, Vienna style sausage, frankfurt style sausage, summer sausage, allother similar sausages or pork products, or prepared products containing porkmuscle tissue, except a fresh product consisting wholly of pork muscle tissue,shall be kept, offered or exposed for sale as food for human consumption,unless the pork muscle tissue entering into the products has been subjected toany method of treatment of pork or pork products which will destroy trichinae. [1973c.174 §7]
619.060 [Repealed by1973 c.174 §20]
619.061Tagging and identification of meat products by person operating retail salesand custom slaughter or processing establishments. Any personoperating a retail meat seller establishment, as defined in ORS chapter 603, inconjunction with a custom slaughtering establishment or custom processingestablishment shall mark, tag or identify all individually wrapped packages orcontainers of meat or meat products slaughtered, wrapped, prepared or handledfor the owner of a meat animal, at the time and in the manner deemed necessaryby the State Department of Agriculture to protect the people of this state fromthe purchase or consumption of uninspected meat products. [1973 c.174 §10]
619.036 Sanitationand record inspections; seizure of nonconforming foods and facilities
619.041 Prohibitionon use of establishment or vehicle upon determination of insanitary conditions;posting notice; removal of notice prohibited
619.046 Rules
619.051 Prohibitedacts
619.056 Trichinaetreatment required for pork products
619.061 Taggingand identification of meat products by person operating retail sales and customslaughter or processing establishments
619.066 Labelingof meat products to conform to ORS chapters 616 and 618
619.071 Dispositionof moneys received by department
GAMEMEAT INSPECTION
619.095 Whengame meat inspection required; processing by approved establishment
619.105 Liabilityof public employees for inspection
IDENTIFICATIONOF FRYERS
619.350 “Fryer”defined
619.355 Identificationrequired before sale for human consumption; exception
619.360 Identificationrequired before transporting for sale for human consumption
619.365 Misrepresentationconcerning grower, state of origin or fresh condition
619.370 Labelingconcerning addition of chemical preservative
619.375 Certainfryers excepted from provisions of ORS 619.350 to 619.380
619.380 Enjoiningviolations
LABELINGOF LAMB
619.411 Definitionsfor ORS 619.411 to 619.426
619.416 Labelingrequired before sale for human consumption; restriction on use of words “Grownin Oregon”
619.421 Misrepresentationregarding grower, state of origin or fresh condition
619.426 Enjoiningviolations
PENALTIES
619.993 Criminalpenalty for meat inspection law violations
619.996 Civilpenalties; rules; hearing; disposition of moneys
STATEMEAT INSPECTION
619.010Definitions for ORS 619.010 to 619.026 and 619.036 to 619.066. As used in ORS619.010 to 619.026 and 619.036 to 619.066:
(1)“Adulterated,” “misbranded” and similar terms or words have the same meaningand are defined as contained in ORS chapter 616, ORS 632.275 to 632.290,632.450 to 632.490 and 632.900 to 632.985.
(2)“Animal food slaughtering or processing establishment” means any establishmentas defined in subsection (8) of this section wherein animals are slaughtered orparts thereof prepared, offered for sale, sold or used in any manner as animalfood.
(3)“Capable of use as human food” means any carcass, part of a carcass or meatproduct of any meat animal, which has not been denatured, or otherwiseidentified as required by rules prescribed by the department, to deter its useas human food, or which is naturally inedible by humans.
(4)“Custom processing establishment” means a stationary establishment wherein slaughteredmeat animals, or meat, caused to be delivered by the owners thereof, areprepared for compensation, payment or remuneration of any kind, and arethereafter returned to the owner thereof or to the order of the owner.
(5)“Custom slaughtering establishment” means a mobile or stationary establishmentwherein meat animals, caused to be delivered by the owners thereof, areslaughtered for compensation, payment or remuneration of any kind, and arethereafter returned to the owner thereof or to the order of the owner.
(6)“Department” means the State Department of Agriculture.
(7)“Equipment” means all machinery, fixtures, containers, vessels, tools,implements and apparatus used in and about an establishment.
(8)“Establishment” means and includes:
(a)Any building, structure or vehicle in which meat animals are slaughtered forconsumption or meat products are prepared, sold, offered or held for sale.
(b)The ground upon which such place of business is operated or used, and so muchground adjacent thereto as is also used in carrying on the business of theestablishment. The department may prescribe such additional area or placeswhich, although they may not be contiguous or adjacent to the above area orestablishment, may be included therein.
(9)“Federal Meat Inspection Act” means the Act so entitled approved March 4, 1907,(34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584).
(10)“Food” means any article used for food or drink by humans or by dogs and cats.
(11)“Label” means a display of written, printed or graphic matter upon theimmediate container, other than package liner, of any article. A requirementmade under authority of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993that any word, statement or other information appears on a label has not beenobeyed unless such word, statement or other information also appears on theoutside container or wrapper, if any there be, of the retail package of sucharticle, or unless such word, statement or information is easily legiblethrough the outside container or wrapper.
(12)“Labeling” means all labels and other written, printed or graphic matter uponan article or any of its containers or wrappers, or accompanying such article.
(13)“Meat animal” means any vertebrate animal, except fish and aquatic mammals, nototherwise prohibited by law for sale for human consumption.
(14)“Meat” or “meat product” means any edible muscle, except any muscle found inthe lips, snout or ears of meat animals, which is skeletal or found in the tongue,diaphragm, heart or esophagus, with or without any accompanying and overlyingfat, and any portion of bone, skin, sinew, nerve or blood vessels normallyaccompanying the muscle tissue and not separated from it in the process ofdressing or as otherwise prescribed by the department.
(15)“Meat by-product” means any edible part, other than meat, derived from one ormore meat animals.
(16)“Official mark” means the official inspection legend or any other symbolprescribed by regulations of the department to identify the status of anyarticle or animal.
(17)“Person” means any individual, partnership, association, incorporated orunincorporated business organization.
(18)“Poultry” means chickens, ducks, geese, turkeys, and all other domesticatedfowls or birds.
(19)“Prepared” means ground, seasoned, canned, cooked, salted, frozen, smoked,cured, pickled, packed, boned, dried, cut up, wrapped or otherwise manufacturedor processed.
(20)“Unwholesome” includes all meat or meat products which are diseased,contaminated, including drug or chemical residue, putrid, unsound, unhealthfulor unfit for food. [Amended by 1957 c.104 §2; 1959 c.565 §2; 1973 c.174 §4;1993 c.162 §2; 2001 c.104 §243]
619.016Short title.ORS 619.010 to 619.026 and 619.036 to 619.066 shall be known as the State MeatInspection Act. [1973 c.174 §2]
619.020 [Repealed by1973 c.174 §20]
619.021Purpose.The intent and purpose of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993is to give recognition to the Federal Meat Inspection Act presently beingenforced in this state and at the same time recognize the responsibility of theState of Oregon to protect the public health of the citizens of this state. Infurtherance of this responsibility the State Department of Agriculture isauthorized to take all measures necessary and proper in its judgment tocomplement the enforcement of the Federal Meat Inspection Act, and to preventand prohibit the sale and distribution of unwholesome meat and meat foodproducts dangerous to the health, safety and welfare of Oregon consumers. Inthis respect the department shall exercise general sanitary and qualitycontrol, and establish supervision and safeguards over meat establishments andmeat products under its jurisdiction. [1973 c.174 §3]
619.026Meat preparation establishment sanitation requirements. (1) Everyestablishment, including all equipment therein or thereon, shall be kept in aclean, healthful and sanitary condition.
(2)Unclean, unhealthful and insanitary conditions shall be deemed to exist if:
(a)All the equipment utilized is not thoroughly cleaned on a daily basis, or moreoften as required by the State Department of Agriculture.
(b)Meat and meat products being prepared, packed, stored, sold, distributed ortransported are not securely protected from flies, dust, dirt and, as far asmay be necessary, by all reasonable means from all other foreign or injuriouscontamination.
(c)The persons and clothing of all employees or other persons therein are unclean.
(d)The refuse, dirt and waste products, subject to decomposition or fermentationgenerated in the operation of the establishment, are not removed at least on adaily basis or as otherwise authorized by the department. [1973 c.174 §5]
619.030 [Amended by1957 c.104 §3; repealed by 1973 c.174 §20]
619.031Animal food slaughtering and processing establishments; license fees; applicationof ORS chapter 603; rules. (1) A person may not operate an animal foodslaughtering establishment or processing establishment without first obtaininga license therefor from the State Department of Agriculture.
(2)The license fees for an animal food slaughtering establishment or processingestablishment are:
(a)$216 if the establishment’s annual gross dollar volume of sales and services isnot more than $50,000;
(b)$271 if the establishment’s annual gross dollar volume of sales and services ismore than $50,000 and not more than $500,000;
(c)$325 if the establishment’s annual gross dollar volume of sales and services ismore than $500,000 and not more than $1 million;
(d)$487 if the establishment’s annual gross dollar volume of sales and services ismore than $1 million and not more than $5 million;
(e)$541 if the establishment’s annual gross dollar volume of sales and services ismore than $5 million and not more than $10 million; or
(f)$704 if the establishment’s annual gross dollar volume of sales and services ismore than $10 million.
(3)In establishing the amount of the license fee for an applicant, the departmentshall use the annual gross dollar volume of sales and services by thatapplicant within Oregon during the prior calendar year or, if the applicantmaintains sales and service records on a fiscal basis, the prior fiscal year.If the applicant applying for an original license or for a renewal licensecannot provide the annual gross dollar volume of sales and services for a fullcalendar year, the department shall base the fee on estimated annual grosssales and services by the applicant. If an applicant whose previous year’s feewas determined using an estimated gross sales and services figure applies forrenewal of that license, the fee for the previous license year shall beadjusted to reflect the actual gross dollar volume of sales and services by theapplicant. The license shall expire on June 30 next following the date ofissuance or on such date as may be specified by department rule.
(4)The provisions of ORS 603.025 (2) and (5), 603.034 (1) and (2), 603.045 (7) and603.075 shall apply to animal food slaughtering establishments or processingestablishments. Except as provided in this subsection, the remainder of theprovisions of ORS chapter 603 do not apply to such establishments.
(5)Notwithstanding subsection (1) of this section, a person licensed by the departmentunder ORS chapter 603 to slaughter meat animals and subject to federal meatinspection, or a person licensed by the department under ORS chapter 603 toslaughter only poultry and rabbits and subject to federal poultry inspection,or a person licensed by the department under ORS chapter 603 as anonslaughtering processor may, without being required to obtain an additionallicense, also sell or dispose of meat products as animal food provided thatsuch licensees also comply with the provisions of subsection (6) of thissection, ORS 619.010 to 619.026 and 619.036 to 619.066.
(6)In accordance with the provisions of ORS chapter 183, the department maypromulgate rules necessary to carry out and enforce any procedures or measuresto protect the health of the animals that are fed or intended to be fed themeat products sold or disposed of by animal food slaughtering establishments orprocessing establishments, and to protect the health of other animals in thisstate. In addition to the provisions of ORS 619.046, for the purposes of thissection the department shall take into consideration:
(a)The provisions of ORS chapter 596.
(b)The procedures necessary to ensure that meat products that are only fit for ordestined for animal consumption are not sold for human consumption.
(7)A person licensed as provided by this section:
(a)May not sell, hold or offer for sale any carcass of a meat animal or partthereof that is unfit for or unwholesome as animal food.
(b)May not sell, hold or offer for sale a carcass of a meat animal or part thereoffor human consumption.
(c)Shall keep complete and accurate records of the meat animals purchased forslaughter, including but not limited to their description, brands if any, dateof purchase and the name and address of the person from whom the animals werepurchased.
(d)Shall keep complete and accurate records of the sale of all meat animalcarcasses or parts thereof, including the name and address of the purchaser.
(e)Shall comply with the provisions of ORS 619.026. [1973 c.174 §13; 1975 c.304 §19;1982 s.s.1 c.4 §6; 1985 c.353 §3; 1991 c.632 §3; 2005 c.735 §§5,6; 2007 c.768 §§25,26]
619.036Sanitation and record inspections; seizure of nonconforming foods andfacilities.The State Department of Agriculture is authorized:
(1)To inspect at reasonable times the equipment, meat and meat products andpremises of establishments, meat seller establishments, grocery stores, orother places of business, for the purpose of enforcing minimum sanitaryrequirements, wholesomeness of meat and meat products and other provisions ofORS 576.024, 619.010 to 619.071, 619.370 and 619.993 or rules adopted under ORS576.024, 619.010 to 619.071, 619.370 and 619.993.
(2)To seize, embargo or detain any food commodity, or quarantine any building,equipment, vehicle or facility found upon inspection or test to be in violationof ORS 619.026 to 619.066 or of any rule adopted under ORS 619.026 to 619.066.
(3)To inspect at reasonable times the records required to be kept by ORS 619.031(7). [1973 c.174 §12; 2005 c.735 §§7,8]
619.040 [Repealed by1973 c.174 §20]
619.041Prohibition on use of establishment or vehicle upon determination of insanitaryconditions; posting notice; removal of notice prohibited. (1) Wheneverthe State Department of Agriculture determines that any part of anestablishment where meat products destined for sale or distribution areprepared, packed, stored, sold or distributed for consumption outside suchpremises, or any vehicle used in the transportation of such products is kept inan unclean, unhealthy or insanitary condition, the department shall:
(a)Notify the owner or person in charge that such establishment or vehicle shallnot be used for its intended purpose until it is put in a sanitary condition bymaking the changes ordered in the notice; and
(b)Post a notice upon such establishment or vehicle to the effect that it iscondemned for further use on account of the unclean, unhealthful or insanitarycondition.
(2)The notice shall not be removed without prior approval of the department. Acontinued use of such establishment or vehicle without making the changesordered, or an unauthorized removal of the notice, is a violation of thissection. [1973 c.174 §8]
619.046Rules.(1) In accordance with the provisions of ORS chapter 183, the State Departmentof Agriculture may promulgate rules necessary to carry out and enforce theprovisions of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993, includingbut not limited to:
(a)The establishment of conditions under which carcasses, meat and meat productsof meat animals shall be stored or otherwise handled by any person engaged inbuying, selling, freezing, storing, or transporting such articles, so as toassure that such articles will not be adulterated or misbranded when deliveredto the consumer.
(b)The establishment of requirements for any person engaged in buying, selling ortransporting dead, dying, disabled, or diseased meat animals, or parts thereof,to assure that such animals, or the unwholesome meat or meat products thereof,will be prevented from being used for human food.
(c)The establishment of minimum standards of quality and wholesomeness, anddefinitions and standards of identity for meat products. The definitions andstandards so promulgated shall conform so far as practicable to the definitionsand standards promulgated by authority of the United States and shall not beinconsistent with the definitions and standards promulgated by such federalauthority under the Federal Meat Inspection Act. Such standards of quality andwholesomeness, and definitions and standards of identity shall be applicable toany establishment, retail meat market, grocery store or other place where meatproducts are prepared, sold, held or offered for sale.
(2)In promulgating such rules the department may consider:
(a)Meat inspection programs and standards of other states and of the UnitedStates;
(b)Economic, health and welfare consequences to this state which might result fromthe production, preparation, handling, sale or consumption of unwholesome meator meat products;
(c)Necessary procedures required to prohibit the sale or consumption ofunwholesome meat or meat products; and
(d)Minimum standards of refrigeration necessary to protect meat or meat productsfrom spoilage, contamination and disease. [1973 c.174 §9; 1987 c.158 §120b]
619.050 [Repealed by1973 c.174 §20]
619.051Prohibited acts.No person shall:
(1)Have in the person’s possession for any reason or purpose unwholesome meat ormeat products that are not denatured and properly identified;
(2)Carry or transport, by vehicle or otherwise, the carcass or meat of any meatanimal destined for sale or distribution as food, unless it is thoroughlyprotected from dust, dirt, flies or other contaminants;
(3)Sell, hold or offer for sale any meat product if such meat product is from ameat animal not slaughtered under the auspices of the meat and poultryinspection program of the United States Department of Agriculture if federalregulations have been established for the inspection of the meat animal; or
(4)Engage in an activity requiring a license under the provisions of ORS chapter603 without first procuring such license from the State Department ofAgriculture and maintaining it as prescribed in ORS chapter 603. [1973 c.174 §6;1995 c.26 §1; 2003 c.14 §371]
619.056Trichinae treatment required for pork products. No foodconsisting wholly or in part of pork muscle tissue, such as bologna stylesausage, Vienna style sausage, frankfurt style sausage, summer sausage, allother similar sausages or pork products, or prepared products containing porkmuscle tissue, except a fresh product consisting wholly of pork muscle tissue,shall be kept, offered or exposed for sale as food for human consumption,unless the pork muscle tissue entering into the products has been subjected toany method of treatment of pork or pork products which will destroy trichinae. [1973c.174 §7]
619.060 [Repealed by1973 c.174 §20]
619.061Tagging and identification of meat products by person operating retail salesand custom slaughter or processing establishments. Any personoperating a retail meat seller establishment, as defined in ORS chapter 603, inconjunction with a custom slaughtering establishment or custom processingestablishment shall mark, tag or identify all individually wrapped packages orcontainers of meat or meat products slaughtered, wrapped, prepared or handledfor the owner of a meat animal, at the time and in the manner deemed necessaryby the State Department of Agriculture to protect the people of this state fromthe purchase or consumption of uninspected meat products. [1973 c.174 §10]
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619.036 Sanitationand record inspections; seizure of nonconforming foods and facilities
619.041 Prohibitionon use of establishment or vehicle upon determination of insanitary conditions;posting notice; removal of notice prohibited
619.046 Rules
619.051 Prohibitedacts
619.056 Trichinaetreatment required for pork products
619.061 Taggingand identification of meat products by person operating retail sales and customslaughter or processing establishments
619.066 Labelingof meat products to conform to ORS chapters 616 and 618
619.071 Dispositionof moneys received by department
GAMEMEAT INSPECTION
619.095 Whengame meat inspection required; processing by approved establishment
619.105 Liabilityof public employees for inspection
IDENTIFICATIONOF FRYERS
619.350 “Fryer”defined
619.355 Identificationrequired before sale for human consumption; exception
619.360 Identificationrequired before transporting for sale for human consumption
619.365 Misrepresentationconcerning grower, state of origin or fresh condition
619.370 Labelingconcerning addition of chemical preservative
619.375 Certainfryers excepted from provisions of ORS 619.350 to 619.380
619.380 Enjoiningviolations
LABELINGOF LAMB
619.411 Definitionsfor ORS 619.411 to 619.426
619.416 Labelingrequired before sale for human consumption; restriction on use of words “Grownin Oregon”
619.421 Misrepresentationregarding grower, state of origin or fresh condition
619.426 Enjoiningviolations
PENALTIES
619.993 Criminalpenalty for meat inspection law violations
619.996 Civilpenalties; rules; hearing; disposition of moneys
STATEMEAT INSPECTION
619.010Definitions for ORS 619.010 to 619.026 and 619.036 to 619.066. As used in ORS619.010 to 619.026 and 619.036 to 619.066:
(1)“Adulterated,” “misbranded” and similar terms or words have the same meaningand are defined as contained in ORS chapter 616, ORS 632.275 to 632.290,632.450 to 632.490 and 632.900 to 632.985.
(2)“Animal food slaughtering or processing establishment” means any establishmentas defined in subsection (8) of this section wherein animals are slaughtered orparts thereof prepared, offered for sale, sold or used in any manner as animalfood.
(3)“Capable of use as human food” means any carcass, part of a carcass or meatproduct of any meat animal, which has not been denatured, or otherwiseidentified as required by rules prescribed by the department, to deter its useas human food, or which is naturally inedible by humans.
(4)“Custom processing establishment” means a stationary establishment wherein slaughteredmeat animals, or meat, caused to be delivered by the owners thereof, areprepared for compensation, payment or remuneration of any kind, and arethereafter returned to the owner thereof or to the order of the owner.
(5)“Custom slaughtering establishment” means a mobile or stationary establishmentwherein meat animals, caused to be delivered by the owners thereof, areslaughtered for compensation, payment or remuneration of any kind, and arethereafter returned to the owner thereof or to the order of the owner.
(6)“Department” means the State Department of Agriculture.
(7)“Equipment” means all machinery, fixtures, containers, vessels, tools,implements and apparatus used in and about an establishment.
(8)“Establishment” means and includes:
(a)Any building, structure or vehicle in which meat animals are slaughtered forconsumption or meat products are prepared, sold, offered or held for sale.
(b)The ground upon which such place of business is operated or used, and so muchground adjacent thereto as is also used in carrying on the business of theestablishment. The department may prescribe such additional area or placeswhich, although they may not be contiguous or adjacent to the above area orestablishment, may be included therein.
(9)“Federal Meat Inspection Act” means the Act so entitled approved March 4, 1907,(34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584).
(10)“Food” means any article used for food or drink by humans or by dogs and cats.
(11)“Label” means a display of written, printed or graphic matter upon theimmediate container, other than package liner, of any article. A requirementmade under authority of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993that any word, statement or other information appears on a label has not beenobeyed unless such word, statement or other information also appears on theoutside container or wrapper, if any there be, of the retail package of sucharticle, or unless such word, statement or information is easily legiblethrough the outside container or wrapper.
(12)“Labeling” means all labels and other written, printed or graphic matter uponan article or any of its containers or wrappers, or accompanying such article.
(13)“Meat animal” means any vertebrate animal, except fish and aquatic mammals, nototherwise prohibited by law for sale for human consumption.
(14)“Meat” or “meat product” means any edible muscle, except any muscle found inthe lips, snout or ears of meat animals, which is skeletal or found in the tongue,diaphragm, heart or esophagus, with or without any accompanying and overlyingfat, and any portion of bone, skin, sinew, nerve or blood vessels normallyaccompanying the muscle tissue and not separated from it in the process ofdressing or as otherwise prescribed by the department.
(15)“Meat by-product” means any edible part, other than meat, derived from one ormore meat animals.
(16)“Official mark” means the official inspection legend or any other symbolprescribed by regulations of the department to identify the status of anyarticle or animal.
(17)“Person” means any individual, partnership, association, incorporated orunincorporated business organization.
(18)“Poultry” means chickens, ducks, geese, turkeys, and all other domesticatedfowls or birds.
(19)“Prepared” means ground, seasoned, canned, cooked, salted, frozen, smoked,cured, pickled, packed, boned, dried, cut up, wrapped or otherwise manufacturedor processed.
(20)“Unwholesome” includes all meat or meat products which are diseased,contaminated, including drug or chemical residue, putrid, unsound, unhealthfulor unfit for food. [Amended by 1957 c.104 §2; 1959 c.565 §2; 1973 c.174 §4;1993 c.162 §2; 2001 c.104 §243]
619.016Short title.ORS 619.010 to 619.026 and 619.036 to 619.066 shall be known as the State MeatInspection Act. [1973 c.174 §2]
619.020 [Repealed by1973 c.174 §20]
619.021Purpose.The intent and purpose of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993is to give recognition to the Federal Meat Inspection Act presently beingenforced in this state and at the same time recognize the responsibility of theState of Oregon to protect the public health of the citizens of this state. Infurtherance of this responsibility the State Department of Agriculture isauthorized to take all measures necessary and proper in its judgment tocomplement the enforcement of the Federal Meat Inspection Act, and to preventand prohibit the sale and distribution of unwholesome meat and meat foodproducts dangerous to the health, safety and welfare of Oregon consumers. Inthis respect the department shall exercise general sanitary and qualitycontrol, and establish supervision and safeguards over meat establishments andmeat products under its jurisdiction. [1973 c.174 §3]
619.026Meat preparation establishment sanitation requirements. (1) Everyestablishment, including all equipment therein or thereon, shall be kept in aclean, healthful and sanitary condition.
(2)Unclean, unhealthful and insanitary conditions shall be deemed to exist if:
(a)All the equipment utilized is not thoroughly cleaned on a daily basis, or moreoften as required by the State Department of Agriculture.
(b)Meat and meat products being prepared, packed, stored, sold, distributed ortransported are not securely protected from flies, dust, dirt and, as far asmay be necessary, by all reasonable means from all other foreign or injuriouscontamination.
(c)The persons and clothing of all employees or other persons therein are unclean.
(d)The refuse, dirt and waste products, subject to decomposition or fermentationgenerated in the operation of the establishment, are not removed at least on adaily basis or as otherwise authorized by the department. [1973 c.174 §5]
619.030 [Amended by1957 c.104 §3; repealed by 1973 c.174 §20]
619.031Animal food slaughtering and processing establishments; license fees; applicationof ORS chapter 603; rules. (1) A person may not operate an animal foodslaughtering establishment or processing establishment without first obtaininga license therefor from the State Department of Agriculture.
(2)The license fees for an animal food slaughtering establishment or processingestablishment are:
(a)$216 if the establishment’s annual gross dollar volume of sales and services isnot more than $50,000;
(b)$271 if the establishment’s annual gross dollar volume of sales and services ismore than $50,000 and not more than $500,000;
(c)$325 if the establishment’s annual gross dollar volume of sales and services ismore than $500,000 and not more than $1 million;
(d)$487 if the establishment’s annual gross dollar volume of sales and services ismore than $1 million and not more than $5 million;
(e)$541 if the establishment’s annual gross dollar volume of sales and services ismore than $5 million and not more than $10 million; or
(f)$704 if the establishment’s annual gross dollar volume of sales and services ismore than $10 million.
(3)In establishing the amount of the license fee for an applicant, the departmentshall use the annual gross dollar volume of sales and services by thatapplicant within Oregon during the prior calendar year or, if the applicantmaintains sales and service records on a fiscal basis, the prior fiscal year.If the applicant applying for an original license or for a renewal licensecannot provide the annual gross dollar volume of sales and services for a fullcalendar year, the department shall base the fee on estimated annual grosssales and services by the applicant. If an applicant whose previous year’s feewas determined using an estimated gross sales and services figure applies forrenewal of that license, the fee for the previous license year shall beadjusted to reflect the actual gross dollar volume of sales and services by theapplicant. The license shall expire on June 30 next following the date ofissuance or on such date as may be specified by department rule.
(4)The provisions of ORS 603.025 (2) and (5), 603.034 (1) and (2), 603.045 (7) and603.075 shall apply to animal food slaughtering establishments or processingestablishments. Except as provided in this subsection, the remainder of theprovisions of ORS chapter 603 do not apply to such establishments.
(5)Notwithstanding subsection (1) of this section, a person licensed by the departmentunder ORS chapter 603 to slaughter meat animals and subject to federal meatinspection, or a person licensed by the department under ORS chapter 603 toslaughter only poultry and rabbits and subject to federal poultry inspection,or a person licensed by the department under ORS chapter 603 as anonslaughtering processor may, without being required to obtain an additionallicense, also sell or dispose of meat products as animal food provided thatsuch licensees also comply with the provisions of subsection (6) of thissection, ORS 619.010 to 619.026 and 619.036 to 619.066.
(6)In accordance with the provisions of ORS chapter 183, the department maypromulgate rules necessary to carry out and enforce any procedures or measuresto protect the health of the animals that are fed or intended to be fed themeat products sold or disposed of by animal food slaughtering establishments orprocessing establishments, and to protect the health of other animals in thisstate. In addition to the provisions of ORS 619.046, for the purposes of thissection the department shall take into consideration:
(a)The provisions of ORS chapter 596.
(b)The procedures necessary to ensure that meat products that are only fit for ordestined for animal consumption are not sold for human consumption.
(7)A person licensed as provided by this section:
(a)May not sell, hold or offer for sale any carcass of a meat animal or partthereof that is unfit for or unwholesome as animal food.
(b)May not sell, hold or offer for sale a carcass of a meat animal or part thereoffor human consumption.
(c)Shall keep complete and accurate records of the meat animals purchased forslaughter, including but not limited to their description, brands if any, dateof purchase and the name and address of the person from whom the animals werepurchased.
(d)Shall keep complete and accurate records of the sale of all meat animalcarcasses or parts thereof, including the name and address of the purchaser.
(e)Shall comply with the provisions of ORS 619.026. [1973 c.174 §13; 1975 c.304 §19;1982 s.s.1 c.4 §6; 1985 c.353 §3; 1991 c.632 §3; 2005 c.735 §§5,6; 2007 c.768 §§25,26]
619.036Sanitation and record inspections; seizure of nonconforming foods andfacilities.The State Department of Agriculture is authorized:
(1)To inspect at reasonable times the equipment, meat and meat products andpremises of establishments, meat seller establishments, grocery stores, orother places of business, for the purpose of enforcing minimum sanitaryrequirements, wholesomeness of meat and meat products and other provisions ofORS 576.024, 619.010 to 619.071, 619.370 and 619.993 or rules adopted under ORS576.024, 619.010 to 619.071, 619.370 and 619.993.
(2)To seize, embargo or detain any food commodity, or quarantine any building,equipment, vehicle or facility found upon inspection or test to be in violationof ORS 619.026 to 619.066 or of any rule adopted under ORS 619.026 to 619.066.
(3)To inspect at reasonable times the records required to be kept by ORS 619.031(7). [1973 c.174 §12; 2005 c.735 §§7,8]
619.040 [Repealed by1973 c.174 §20]
619.041Prohibition on use of establishment or vehicle upon determination of insanitaryconditions; posting notice; removal of notice prohibited. (1) Wheneverthe State Department of Agriculture determines that any part of anestablishment where meat products destined for sale or distribution areprepared, packed, stored, sold or distributed for consumption outside suchpremises, or any vehicle used in the transportation of such products is kept inan unclean, unhealthy or insanitary condition, the department shall:
(a)Notify the owner or person in charge that such establishment or vehicle shallnot be used for its intended purpose until it is put in a sanitary condition bymaking the changes ordered in the notice; and
(b)Post a notice upon such establishment or vehicle to the effect that it iscondemned for further use on account of the unclean, unhealthful or insanitarycondition.
(2)The notice shall not be removed without prior approval of the department. Acontinued use of such establishment or vehicle without making the changesordered, or an unauthorized removal of the notice, is a violation of thissection. [1973 c.174 §8]
619.046Rules.(1) In accordance with the provisions of ORS chapter 183, the State Departmentof Agriculture may promulgate rules necessary to carry out and enforce theprovisions of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993, includingbut not limited to:
(a)The establishment of conditions under which carcasses, meat and meat productsof meat animals shall be stored or otherwise handled by any person engaged inbuying, selling, freezing, storing, or transporting such articles, so as toassure that such articles will not be adulterated or misbranded when deliveredto the consumer.
(b)The establishment of requirements for any person engaged in buying, selling ortransporting dead, dying, disabled, or diseased meat animals, or parts thereof,to assure that such animals, or the unwholesome meat or meat products thereof,will be prevented from being used for human food.
(c)The establishment of minimum standards of quality and wholesomeness, anddefinitions and standards of identity for meat products. The definitions andstandards so promulgated shall conform so far as practicable to the definitionsand standards promulgated by authority of the United States and shall not beinconsistent with the definitions and standards promulgated by such federalauthority under the Federal Meat Inspection Act. Such standards of quality andwholesomeness, and definitions and standards of identity shall be applicable toany establishment, retail meat market, grocery store or other place where meatproducts are prepared, sold, held or offered for sale.
(2)In promulgating such rules the department may consider:
(a)Meat inspection programs and standards of other states and of the UnitedStates;
(b)Economic, health and welfare consequences to this state which might result fromthe production, preparation, handling, sale or consumption of unwholesome meator meat products;
(c)Necessary procedures required to prohibit the sale or consumption ofunwholesome meat or meat products; and
(d)Minimum standards of refrigeration necessary to protect meat or meat productsfrom spoilage, contamination and disease. [1973 c.174 §9; 1987 c.158 §120b]
619.050 [Repealed by1973 c.174 §20]
619.051Prohibited acts.No person shall:
(1)Have in the person’s possession for any reason or purpose unwholesome meat ormeat products that are not denatured and properly identified;
(2)Carry or transport, by vehicle or otherwise, the carcass or meat of any meatanimal destined for sale or distribution as food, unless it is thoroughlyprotected from dust, dirt, flies or other contaminants;
(3)Sell, hold or offer for sale any meat product if such meat product is from ameat animal not slaughtered under the auspices of the meat and poultryinspection program of the United States Department of Agriculture if federalregulations have been established for the inspection of the meat animal; or
(4)Engage in an activity requiring a license under the provisions of ORS chapter603 without first procuring such license from the State Department ofAgriculture and maintaining it as prescribed in ORS chapter 603. [1973 c.174 §6;1995 c.26 §1; 2003 c.14 §371]
619.056Trichinae treatment required for pork products. No foodconsisting wholly or in part of pork muscle tissue, such as bologna stylesausage, Vienna style sausage, frankfurt style sausage, summer sausage, allother similar sausages or pork products, or prepared products containing porkmuscle tissue, except a fresh product consisting wholly of pork muscle tissue,shall be kept, offered or exposed for sale as food for human consumption,unless the pork muscle tissue entering into the products has been subjected toany method of treatment of pork or pork products which will destroy trichinae. [1973c.174 §7]
619.060 [Repealed by1973 c.174 §20]
619.061Tagging and identification of meat products by person operating retail salesand custom slaughter or processing establishments. Any personoperating a retail meat seller establishment, as defined in ORS chapter 603, inconjunction with a custom slaughtering establishment or custom processingestablishment shall mark, tag or identify all individually wrapped packages orcontainers of meat or meat products slaughtered, wrapped, prepared or handledfor the owner of a meat animal, at the time and in the manner deemed necessaryby the State Department of Agriculture to protect the people of this state fromthe purchase or consumption of uninspected meat products. [1973 c.174 §10]
