Loading
The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF AGRICULTURE

 

DIVISION 17

REFRIGERATED LOCKERS

Recording Thermometers and Charts

603-017-0010

Statement of Purpose

Pursuant to authority vested in the Department of Agriculture under ORS 628.350, the following rules and regulation for the purpose of OAR 603-025-0020 to 603-025-0050 are for the purpose of regulating and licensing the operation of refrigerated locker plants.

Stat. Auth.: ORS 628
Stats. Implemented: ORS 628.350
Hist.: AD 286, f. 7-9-47, ef. 7-10-47

603-017-0020

Recording Thermometer

Recording thermometer shall be of the electric self-starting type enclosed in a moisture-proof case, permanently fastened to the substantial wall in vestibule or waiting room, five feet from the floor so that the recording chart is visible at all times. Instrument must be kept locked at all times except for changing the dial, inking, or repairing.

Stat. Auth.: ORS 628
Stats. Implemented: ORS 628.350
Hist.: AD 286, f. 7-9-47, ef. 7-10-47

603-017-0030

Sensitive Bulb

The sensitive bulb shall be located in the locker room not less than eight feet from any door or blower, not less than 15 inches from any wall, not less than 30 inches from any plates or coils, and at least 12 inches from the ceiling. The bulb shall not be directly in front of any door or blower.

Stat. Auth.: ORS 628
Stats. Implemented: ORS 628.350
Hist.: AD 286, f. 7-9-47, ef. 7-10-47

603-017-0040

Chart

The chart shall make one complete revolution in seven days, shall be graduated hourly and daily and must be not less than 10 inches in diameter.

(1) Lowest temperature reading must be on the outer edge of the chart.

(2) Accuracy. Zero shall be within one degree plus or minus.

(3) Charts must be changed each week, properly dated, signed by Plant Manager, and be made available for inspection for at least one year.

Stat. Auth.: ORS 628
Stats. Implemented: ORS 628.350
Hist.: AD 286, f. 7-9-47, ef. 7-10-47

603-017-0050

Chart Rotating Device

Chart rotating device shall be fitted with perforating pins preventing rotation except by means of the electric clock in the case.

Stat. Auth.: ORS 628
Stats. Implemented: ORS 628.350
Hist.: AD 286, f. 7-9-47, ef. 7-10-47

Civil Penalties

603-017-0900

Purpose

The Oregon Department of Agriculture Food Safety Program licenses and inspects all facets of Oregon’s food distribution system, except restaurants, to ensure food is safe for consumption. Education and technical assistance are vital to the prevention, correction, and abatement of food safety violations, and are preferred over regulatory action. However, regulatory action may be necessary to deter violations of food safety laws and rules, to educate persons about the consequences of such violations, and to compel compliance with food safety laws for the protection of consumers. The Department intends to initiate civil penalty actions when educational measures, technical assistance, warning letters, compliance agreements or other remedial measures fail to achieve compliance.

Stat. Auth.: ORS 561.190, 628.350, 628.995
Stat. Implemented: ORS 628.995
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

603-017-0910

Definitions

As used in OAR 603-017-0920 through 603-017-0930, unless otherwise required by the context, the following terms will be construed to mean:

(1) "Department" means the Oregon Department of Agriculture.

(2) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction.

(3) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur.

(4) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences.

(5) “Moderate,” with respect to violations, means an incident, or series of incidents that may cause temporary or medically reversible adverse health consequences, or where the probability of serious adverse health consequences is remote.

(6) "Repeat violation" means the recurrence of the same violation for each 24-hour period after a notice of noncompliance or assessment of civil penalty was issued within the preceding three years. It does not include a violation if the previous notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed.

(7) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation.

(8) "Violation" means the failure to comply with any requirement of ORS 628.210 to 628.370 or any rule adopted thereunder.

Stat. Auth.: ORS 561.190, 628.350, 628.995
Stat. Implemented: ORS 628.995
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

603-017-0920

Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190 or 628.990, the Department may impose a civil penalty with respective amounts for:

(1) Owning, operating, or offering the services of any refrigerated locker plant without obtaining a license as explained in ORS 628.220 for each place of business from the Department. Penalty — $5,000 to $10,000.

(2) Failure to conspicuously display the license in the licensed plant at all times pursuant to ORS 628.220. Penalty — $100.

(3) Operating a refrigerated locker business at any address other than the address stated in the application submitted pursuant to ORS 628.230. Penalties:

(a) Minor — $100 to $3,500;

(b) Moderate — $3,501 to $7,000; or

(c) Major — $7,001 to $10,000.

(4) Permitting a person who has a communicable or infectious disease to work in or about any refrigerated locker plant, or to handle any food in connection with the operation of such plant in violation of ORS 628.270(2). Penalty — $500 to $5,000.

(5) Interference with a lawful inspection under authority of ORS 628.280. Penalty — $5,000 to $10,000.

(6) Failure to maintain sanitary and safety requirements of ORS 628.290. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(7) Failure to maintain adequate equipment, temperatures, or records as required in ORS 628.300. Penalty — $500 to $5,000.

(8) Failure to use nontoxic ink or other harmless substance to apply marks directly to meat or other food products as explained in ORS 628.310. Penalty — $100 to $5,000.

(9) Failure to identify any fresh carcass meats with a suitable tag or stamp, and place all meats that have not been previously chilled in a chill room for at least 24 hours before removal to the cutting room as explained in ORS 628.330. Penalty — $100 to $5,000.

(10) Failure to handle fish and wild game consistent with the provisions of ORS 628.340. Penalty — $500 to $5,000.

Stat. Auth.: ORS 561.190, 628.350, 628.995
Stat. Implemented: ORS 628.995
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

603-017-0930

Penalty Factors; Procedure

(1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 628.995, the Department shall consider the following factors, which are listed in prioritized order:

(a) The immediacy and extent to which the violation threatens the public health or safety.

(b) Any prior violations of statutes, rules or orders pertaining to refrigerated locker plants.

(c) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation.

(2) Each 24-hour period a violation continues after the period of time established for compliance will be considered a separate violation unless the Department finds a different period of time is more appropriate to describe the specific violation event.

(3) Repeat violations of OAR 603-017-0910 will be assessed as three times the penalty amount in OAR 603-017-0910, not to exceed $10,000.

(4) A civil penalty imposed under this rule will comply with ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the mailing or personal service of the notice of civil penalty.

Stat. Auth.: ORS 561.190, 628.350, 628.995
Stat. Implemented: ORS 628.995
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​