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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT OF AGRICULTURE

 

DIVISION 24

DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS
RELATING
TO FLUID MILK AND DAIRY PRODUCTS

603-024-0017

Standards of Identity, Quantity and Labeling Requirements

(1) The weights and measures packaging and labeling requirements for butter, fluid milk and milk products shall be those specified in OAR 603-027-0105, and the weights and measures requirements as to the methods of sale of butter, milk and milk products shall be those specified in OAR 603-027-0206.

(2) Labeling, standards of identity and marking requirements for butter, fluid milk and milk products not provided for under section (1) of this rule, shall be those specified in the Grade “A” Pastuerized Milk Ordinance, 2011 Revision.

(3) Measuring devices used for determining weight by measuring quantity of milk in farm tanks shall be done in accordance with the requirements of OAR chapter 603, division 027, to effectuate the administration of ORS Chapter 618.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 651 & 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02; DOA 8-2006, f. & cert. ef. 3-10-06; DOA 6-2013, f. & cert. ef. 4-26-13

603-024-0019

Definitions

As used in these rules, unless the context otherwise requires:

(1) "Authorized Persons" means persons licensed as a sampler-grader, or a pasteurizer operator under the provisions of ORS chapter 621.

(2) "Certified Laboratory" is an industry or commercial laboratory which has been certified to perform specified analyses of milk and dairy products described in these fluid milk regulations by the Department's chief laboratory officer or his or her official representative. Laboratory certifications may be limited by the Department to one or more specific tests, methods or products.

(3) "Condemned Container" means container deemed by Department as unfit for use because of dirt, rust, open seams, or other conditions that would or may contaminate fluid milk, milk or dairy products, or would otherwise render them unfit for consumption by humans.

(4) "Container" means and includes milk cans, cream cans, farm-milk tanks, milk-tank trucks, pasteurizing vats, cheese vats, butter churns, butter tubs, cheese hoops, and any other receptacle designed for use or used as a container of fluid milk or dairy products.

(5) "Cream" means cream as defined in OAR 603-024-0017(2).

(6) "Dairy Operator" means a person licensed by the Department to conduct one or more of the following activities related to the operation of a milk distributor or dairy products plant. A separate license is required for each of these activities conducted by an individual:

(a) "Sampler-Grader" is a person responsible for the grading of milk received by a milk distributor or dairy products plant, and collecting regulatory samples of raw for pasteurization milk being received.

(b) "HTST Pasteurizer Operator" is a person responsible for the legal pasteurization of milk and/or dairy products utilizing "high temperature short time" (HTST) pasteurization equipment. This includes HHST and UHT pasteurization equipment.

(c) "Vat Pasteurizer Operator" is a person responsible for the legal pasteurization of milk and/or dairy products utilizing vat or batch pasteurization equipment.

(7) "Dairy Product" means dairy products defined in OAR 603-024-0017(2) and includes butter; all varieties of cheese, frozen desserts and frozen dessert mixes containing milk, cream or nonfat milk solids; and evaporated, condensed, concentrated, powdered, dried or fermented milk, whey, cream and skimmed milk.

(8) "Department" means the Department of Agriculture of the State of Oregon.

(9) "Distributor" means a person who purchases only unpasteurized milk and pasteurizes or otherwise processes that milk, then bottles and distributes the milk for human consumption.

(10) "Extra Rich Milk" is pasteurized fluid milk in which the milkfat content is not less than 5.0 percent. The term or label "extra rich" shall not be used in connection with the addition of vitamins, minerals, or milk solids-not-fat unless the milkfat content meets or exceeds 5.0 percent.

(11) "Fluid milk" means milk and any other product made by the addition of a substance to milk or to a liquid form of milk product if the milk or other product is produced, processed, distributed, sold or offered or exposed for sale for human consumption. Fluid milk includes sterilized fluid milk products and the fluid milk products for which the Department has established a standard of identity.

(12) "Lactose Reduced Milk Products", are milk products, such as pasteurized milk, lowfat milk or skim milk (nonfat milk) to which suitable enzymes have been added to convert lactose in the product to glucose or galactose, resulting in a lactose level in the milk product that is less than 30 percent of the natural level of lactose normally in the product.

(13) "Calcium Added" milk product are fortified with calcium carbonate, tricalcium phosphate or other additive approved by the Department, to a level of not less than 500 m.g. per eight ounce serving.

(14) "Milk" means the lacteal secretion of cows, sheep and goats.

(15) "Milkfat" means the natural fat of milk.

(16) "Milk solids" means the total constituents of milk less the water.

(17) Lactobacillus acidophilus or bifido bacterium milk products are milk products that have been pasteurized and inoculated with a strain of lactobacillus acidophilus or bifido bacterium to aid human digestion.

(18) "Milk Hauler" means a person who, in the course of employment, accepts bulk fluid milk and transports that commodity to a dairy products plant or a physical facility of a distributor or producer-distributor.

(19) "Multi-Vitamin Fortified" or "Multi-Mineral Fortified" means milk or milk products in which the vitamins or minerals content, other than vitamin D or vitamin A, have been increased by a method and in an amount approved by the Department.

(20) "Nonprocessing distributor" means a person who sells fluid milk in consumer-sized units under the person's own brand or trade name after the milk has been processed and packaged by a distributor or producer-distributor.

(21) "Person" means any individual, partnership, association, or corporation and his or its agents.

(22) "Producer" means a person who engages in the production of unpasteurized milk on a dairy farm and does not bottle the milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption.

(23) "Producer-distributor" means a person who bottles milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption.

(24) "Raw Goat Milk" is unpasteurized milk from goats with a milkfat content of not less than 3.25 percent and a milk-solids-not-fat content of not less than 8.25 percent.

(25) "Whole Milk" is milk with milkfat greater or equal to 3.25 percent and milk solids-not-fat not less than 8.25 percent.

Stat. Auth.: ORS 651 & 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02; DOA 6-2013, f. & cert. ef. 4-26-13

Product Standards

603-024-0022

Butter

"Butter" means the product made by gathering the fat of fresh or ripened cream into a mass, which also contains a small portion of other milk constituents, with or without salt or a harmless coloring matter. Butter shall be clean and nonrancid and shall contain not less that 80 percent of milk fat.

Stat. Auth.: ORS 651 & ORS 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0026

Standards for Lactobacillus Acidophilus or Bifido Bacterium Added Milk Products

(1) Milk products that have been pasteurized, cooled to a temperature not to exceed 45 degrees F., and afterwards inoculated with a pure, concentrated strain of lactobacillus acidophilus or bifido bacterium may be labeled "Milk with Lactobacillus Acidophilus Culture", "Milk with Bifido Bacterium Added".

(2) Lactobacillus acidophilus or bifido bacterium added milk products shall meet the bacterial requirements for fluid milk after pasteurization and prior to inoculation.

(3) After inoculation, the lactobacillus acidophilus or bifido bacterium added milk products shall contain at a minimum 2,000,000 viable lactobacillus acidophilus or bifido bacterium cells per milliliter as measured by the standard plate count, and shall contain not more than 10 coliform per milliliter.

(4) Lactobacillus acidophilus or bifido bacterium added milk products shall be maintained at a temperature of 45 degrees F. or less, until delivered to the consumer.

(5) Except for the bacterial count, lactobacillus acidophilus or bifido bacterium added milk products shall meet all other compositional requirements for fluid milk.

(6) All lactobacillus acidophilus or bifido bacterium added milk products shall be labeled as " milk with lactobacillus acidophilus or bifido bacterium culture added".

(7) The method of manufacture and labeling of such fluid milk products containing lactobacillus, acidophilus or bifido bacterium culture shall be approved by the Department before offered for sale to the public.

Stat. Auth.: ORS 651 & ORS 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0031

Standards of Multi-Vitamin Fortified or Multi-Mineral Fortified Milk or Milk Products

The label of the milk or milk product shall include the specific vitamins or minerals added. The label of the milk or milk product shall bear the statement "mineral fortified" or similar statement approved by the Department. All additives shall be listed in the ingredient statement.

Stat. Auth.: ORS 651 & ORS 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0035

Definitions and Standards for Cheeses and Cheese Products

(1) The definitions and standards of identity, optional ingredients, and labeling requirements for cottage cheese, cottage cheese/dry curd, lowfat cottage cheese and other cheese and cheese products shall be those specified in OAR 603-024-0017.

(2) Coliform standards for cottage cheese, cottage cheese/dry curd and lowfat cottage cheese shall be determined by computing the number of coliform organisms by the Agar Plate Method upon examination of the last five samples taken on separate days during the sampling period. Compliance with the coliform standard shall be deemed to have been met if the number of coliform organisms do not exceed ten per gram per sample in more than two of the last five samples. No enforcement action is taken if the last sample is within the standard.

(3) The weights and measures packaging and labeling requirements for cheese, cheese products, cottage cheese and all types or varieties of cottage cheese shall be, those specified in OAR 603-027-0105, and the weights and measures requirements as to methods of sale of cheese, cheese products, cottage cheese and all types or varieties of cottage cheese shall be those specified in OAR 603-027-0206.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561.190, ORS 621.060, ORS 621.311 & ORS 621.405
Stats. Implemented: ORS 616.230
Hist.: AD 946(13-71), f. & ef. 9-1-71; AD 1016(6-74), f. 1-30-74, ef. 12-31-74; AD 1075(21-75), f. & ef. 12-31-75; AD 8-1980, f. & ef. 11-20-80; AD 12-1984, f. & ef. 9-24-84; AD 21-1993, f. & cert. ef. 12-15-93; DOA 6-2002, f. & cert. ef. 1-28-02

Evaporated Milk and Concentrated Milk

603-024-0041

Standard for Grade A Raw Goat Milk

(1) "Grade A Raw Goat Milk" is fluid milk bottled on a dairy farm and must be produced by a disease-free herd in conformance with all of the sanitation specified in OAR 603-024-0605 to 603-024-0641, and 603-024-0211.

(2) As determined in accordance with OAR 603-024-0557 to 603-024-0594 for each sampling period, Raw Goat Milk may not exceed:

(a) 80,000 bacteria count per milliliter;

(b) 10 coliform per milliliter;

(c) Cooling requirements covered in OAR 603-024-0211;

(d) No. 2 sediment test; and

(e) The somatic cell limit in OAR 603-024-0592.

(3) Grade A Raw Goat milk must test negative for drug residue.

Stat. Auth.: ORS 651 & 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02; DOA 6-2013, f. & cert. ef. 4-26-13

603-024-0046

Breed Specific Labeling of Milk and Milk Products

In order to label milk or milk product "Ayrshire", "Brown swiss", "Guernsey", "Holstein", or "Jersey" milk or milk products, the milk or the products of the fluid milk must be derived exclusively from the breed of cows stated on the label. The individual animals from which the milk is derived must be indistinguishable in appearance from a purebred animal of the same breed.

Stat. Auth.: ORS 651 & ORS 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0051

Standard for Grade A Raw Milk

(1) "Grade A Raw Milk for Pasteurization" is fluid milk produced by a disease-free herd on a dairy farm in conformance with all the sanitation standards specified in OAR 603-024-0211.

(2) When delivered to the milk plant, all raw milk shall be examined and tested in accordance with OAR 603-024-0557 to 603-024-0594. As specified in OAR 603-024-0557 to 603-024-0594, for each sampling period, Grade A Raw Milk for Pasteurization may not exceed:

(a) 80,000 bacteria count per milliliter;

(b) Cooling requirements covered in OAR 603-024-0211; and

(c) The somatic cell limit in OAR 603-024-0592.

(3) Grade A Raw Milk must test negative for drug residue.

Stat. Auth.: ORS 651 & ORS 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0056

Standards for Lactose Reduced Milk Products

(1) "Lactose Reduced Milk Products", are created by adding suitable enzymes to pasteurized milk, lowfat milk or skim milk (nonfat milk) to convert lactose in the product to glucose or galactose, reducing the lactose level in the milk product to less that 30 percent of the normal level.

(2) The product shall be labeled "Lactose Reduced" with the blank being filled in with the name of the appropriate milk product, according to the standards of identity established by the Department for such products.

(3) Adding vitamin A or vitamin D to Lactose Reduced Milk Products is optional. If added, each quart of the milk product shall contain not less than 2,000 I.U. of Vitamin A and 400 I.U. of Vitamin D, within the limits of good manufacturing practices. The product shall be labeled in accordance with OAR 603-024-0017.

Stat. Auth.: ORS 651 & ORS 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02

Sterilized Products

603-024-0061

Standards for Calcium Added Milk Products

Milk products may be labeled "Lowfat Milk with Calcium Added", or "Nonfat (Skim) Milk with Calcium Added" or "Reduced Fat Milk with Calcium Added" if the fluid milk product meets the standard of identity set forth in Title 21, CFR, Chapter 1, Part 131.110, and it is fortified with calcium carbonate, tricalcium phosphate or other additive approved by the Department, to a level of not less than 500 m.g. per eight ounce serving. The milk product shall be labeled in accordance with OAR 603-024-0017 and in addition the principal display panel shall prominently bear the statement "A dietary supplement of calcium".

Stat. Auth.: ORS 651 & ORS 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0062

Sterilized Fluid Milk and Milk Products; Standards of Identity

The standard of identity for sterilized milk and milk products shall be the standards for fluid milk and fluid milk products as set forth in OAR 603-024-0017.

Stat. Auth.: ORS 561, ORS 616 & ORS 621
Stats. Implemented: ORS 621.060 & ORS 621.405
Hist.: AD 806(13-65), f. 8-23-65, ef. 9-5-65; Renumbered from 603-024-0037; AD 1105(26-76), f. & ef. 9-15-76; DOA 6-2002, f. & cert. ef. 1-28-02

Imitation Milk and Imitation Milk Products

603-024-0080

Imitation Milk and Imitation Milk Products; Standards of Identity

The standards of identity for imitation milk and milk products shall be the standards for fluid milk and fluid milk products, as set forth in OAR 603-024-0017.

Stat. Auth.: ORS 561, ORS 616 & ORS 621
Stats. Implemented: ORS 621.418
Hist.: AD 910(16-69), f. 12-5-69, ef. 1-1-70; AD 1105(26-76), f. & ef. 9-15-76; AD 8-1980, f. & ef. 11-20-80; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0090

Standard of Quality

Imitation milk products when sold or offered for sale in the final delivery container shall not contain more than 20,000 bacteria per milliliter, 10 coliform per milliliter, and the temperature shall not exceed 45°F

Stat. Auth.: ORS 561.190 & ORS 621.418
Stats. Implemented: ORS 621.418
Hist.: AD 910(16-69), f. 12-5-69, ef. 1-1-70

603-024-0095

Sanitation Standards

(1) Sanitation standards for building, equipment, and personnel involved in the manufacture and distribution of the imitation milk products for which a standard of identity has been established in OAR 603-024-0080 shall conform to the same sanitation requirements as established for Grade A pasteurized fluid milk and milk products in OAR 603-024-0211.

(2) Imitation milk products shall be pasteurized in equipment meeting the requirements for milk and dairy products, as set forth in OAR 603-024-0211, including subjecting imitation milk products to the appropriate equivalent pasteurization time and temperature standards set forth therein.

(3) Imitation milk products that are labeled sterilized shall be packaged in hermetically sealed containers and so processed in equipment approved by the Department by heat either before or after sealing so as to prevent spoilage.

Stat. Auth.: ORS 561, ORS 616 & ORS 621
Stats. Implemented: ORS 621.418
Hist.: AD 910(16-69), f. 12-5-69, ef. 1-1-70; AD 1105(26-76), f. & ef. 9-15-76; DOA 6-2002, f. & cert. ef. 1-28-02

Container Condemnation

603-024-0105

Identifying Condemned Containers

Containers as defined in OAR 603-024-0019(3) shall only be identified when condemned by the Department by attaching a tag thereto printed by the Department giving notice of fact of condemnation and reason therefor.

Stat. Auth.: ORS 621
Stats. Implemented: ORS 621.226
Hist.: AD 535, f. 9-6-56, ef. 9-5-56; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0110

Releasing Condemned Container for Use Following Repair

The Department may lift condemnation and release container for use after verifying acceptable repairs have been made.

Stat. Auth.: ORS 621
Stats. Implemented: ORS 621.226
Hist.: AD 535, f. 9-6-56, ef. 9-5-56; DOA 6-2002, f. & cert. ef. 1-28-02

Fluid Milk and Dairy Processing Plants

603-024-0211

Adoption of the Grade A Pasteurized Milk Ordinance (PMO) and Related Documents

On all dairy farms, plants, and transport tankers, the standards for building construction, equipment construction, sanitation, sampling, pasteurization, transportation and handling of milk and dairy products shall be those given in the Grade “A” Pasteurized Milk Ordinance (PMO), 2011 Revision. This adoption shall also include the following related documents:

(1) 2011 version of the Methods of Making Sanitation Ratings (MMSR);

(2) 2011 version of the Single Service Containers and Closures (SSCC); and

(3) The 2011 version of the Evaluation of Milk Laboratories (EML).

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561.020 & 621
Stats. Implemented: 621.058
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02; DOA 8-2006, f. & cert. ef. 3-10-06; DOA 9-2012, f. & cert. ef. 5-15-12; DOA 6-2013, f. & cert. ef. 4-26-13

603-024-0234

License Fees

As provided in ORS 621.166, the license fees for mobile tankers are as follows:

(1) Bulk tank truck or other mobile equipment: $25 for one mobile milk tanker and $25 for each additional mobile milk tanker, not to exceed $750 for total fleet owned by one entity.

(2) Dairy Products Plant, except those consisting of only bulk tank trucks or other mobile equipment, shall pay the license fee established in ORS 621 plus $25 for each mobile milk tanker.

Stat. Auth.: ORS 183.335(5), 190, 561.190, 603, 616, 621 & 625
Stats. Implemented: ORS 621.176 & 621.181
Hist.: AD 6-1982, f. & ef. 5-20-82; AD 6-1989, f. & cert. ef. 5-11-89; AD 9-1990, f. & cert. ef. 5-7-90; AD 8-1991(Temp), f. & cert. ef. 7-29-91; AD 18-1991, f. & cert. ef. 12-5-91; DOA 6-2002, f. & cert. ef. 1-28-02; DOA 8-2006, f. & cert. ef. 3-10-06

Testing Equipment

603-024-0323

Testing Procedures and Equipment

All tests of milk and milk products shall be performed in accordance with standards established in Association of Agricultural Chemists (AOAC) or the 1992, 16th Edition of Standard Methods for the Examinations of Dairy Products, Chapter 5, 6, 10 & 12. Procedures or tests not found in AOAC or Standard Methods for the Examination of Dairy Products may only be used if approved by the Department.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 651 & ORS 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02

Grading of Milk and Cream
(for Manufacturing Purposes)

603-024-0379

Grading Period; Regular and New Producers (non-grade A)

(1) The operator of a milk products plant or licensed grader in each plant, upon receiving the first shipment of milk from a new producer must:

(a) Immediately sample and test such milk for temperature as required under this rule; and

(b) Within 14 days shall sample and subject the milk from such producer to the bacteriological test and the abnormal milk test.

(2) No person and no producer may sell or offer for sale any milk, once his milk has been graded unlawful, until such milk has been released from such grade by compliance with applicable grade standard.

(3) All producers beginning operation after March 1, 2002, shall be licensed as a Grade A Producer and shall meet the requirements of a Grade A Producer as outlined in the PMO.

Stat. Auth.: ORS 561.190, ORS 621.201 & ORS 621.236
Stats. Implemented: ORS 621.201 & ORS 621.236
Hist.: AD 899(19-68), f. 10-24-68, ef. 1-1-69; DOA 6-2002, f. & cert. ef. 1-28-02

Examination of Applicants for Dairy Operators' Licenses

603-024-0490

Qualifications

(1) Applicants for dairy operators' licenses shall be:

(a) Able to read and write legibly;

(b) At least 18 years of age;

(c) Free of communicable diseases.

(2) Applicants for a High Temperature Short Time (HTST) pasteurizer operator licenses shall be required to have at least two months practical experience in helping to operate pasteurization equipment. There shall be no waiting period for applicants for a vat pasteurizer license or sampler/grader license.

Stat. Auth.: ORS 621
Stats. Implemented: ORS 621.266
Hist.: AD 471, f. 9-2-54, ef. 8-1-54; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0492

Examination of Applicant

(1) Written examination shall include questions relating to:

(a) Knowledge of laws and regulations relating to activity for which the license is desired;

(b) Theory and practice involved in the performance of the licensed activity.

(2) Practical examination shall include demonstration of ability to:

(a) Make required quality control tests;

(b) Operate required equipment;

(c) Manufacture, grade, test, or pasteurize milk and milk products, as the case may be;

(d) Care, cleaning, and maintenance of equipment and utensils involved in the licensed activity.

Stat. Auth.: ORS 621
Stats. Implemented: ORS 621.266
Hist.: AD 471, f. 9-2-54, ef. 8-1-54

603-024-0494

Examination Grade Required for Licensing

(1) The examination shall have a total of 100 possible points, 50 of which shall be on the written examination, and the other 50 points on the practical examination.

(2) A total grade of at least 80 out of the 100 possible points is required to pass the examination for a dairy operators' lifetime license.

(3) A score of 40 or more is required for a passing grade on the written or practical examination.

Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS 621.266
Hist.: AD 471, f. 9-2-54, ef. 8-1-54; AD 8-1980, f. & ef. 11-20-80

Official Milk Fat Testing by the State Department of Agriculture

603-024-0500

Definitions

As used in OAR 603-024-0505 to 603-024-0535:

(1) "Licensed Sampler" means a person holding a valid license issued by the Department under ORS 621.072, to collect milk samples and to carry out other authority and duty as set forth by law and regulation.

(2) "Official Test" means milk sampled and tested for its milk fat content, as set forth in OAR 603-024-0323.

Stat. Auth.: ORS 561.190 & ORS 621.750
Stats. Implemented: ORS 621.750
Hist.: AD 803(10-65), f. & ef. 8-16-65; AD 916(2-70), f. 3-5-70, ef. 4-1-70; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0505

Request for Official Testing

A request for official testing of milk shall only be made on forms furnished by the Department. The request must be received at least five days before the beginning date of the test period (test period used by dealer or handler) desired to be covered. Any request not received within this period shall be considered to be a request for official testing of milk for the next test period.

Stat. Auth.: ORS 561.190 & ORS 621.750
Stats. Implemented: ORS 621.750
Hist.: AD 803(10-65), f. & ef. 8-16-65

603-024-0510

Sampling and Testing of Milk; Producers

(1) The sampling and testing procedures to be followed by the Department and other persons affected thereby, shall be in accordance with the requirements and procedures set forth in OAR 603-024-0323, except as otherwise prescribed in OAR 603-024-0500 to 603-024-0535.

(2) In the sampling of milk, at least four ounces of milk shall be drawn by a licensed sampler.

(3) The licensed sampler shall immediately divide (split) such sample with the producer whose milk is being sampled and tested, by placing approximately one-half of the milk in a separate jar containing a preservative tablet furnished by the Department for this specific purpose.

(4) The licensed sampler shall immediately fill out a sample form, furnished by the Department. Such form shall be signed by both the producer and the licensed sampler immediately after the sample is taken.

(5) The sample to be forwarded to the Department shall be placed in the shipping container furnished by the Department. The licensed sampler shall write the sample date, initial, or sign the seal, and then witness the act of the producer also placing his initial or signature thereon, as further provided or required by the Department.

(6) The producer shall, within 24 hours after the sample is taken as prescribed in this rule, mail the container and sample at his own expense, to the Department.

(7) The licensed sampler shall handle and dispose of the handler's or dealer's portion of the milk sampled, as prescribed and required in regulations OAR 603-024-0323.

Stat. Auth.: ORS 561.190 & ORS 621.750
Stats. Implemented: ORS 621.750
Hist.: AD 803(10-65), f. & ef. 8-16-65; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0515

Adjustments Resulting From Testing

(1) If the official test performed and carried out by the Department varies by more than one-tenth of one percent from the test made by the dealer, handler, or purchaser, the Department shall forward the results of such test and an order to such dealer, handler, or purchaser and requiring such person to make adjustment or payment for the period during which such official tests were made. (Also refer to applicable law.)

(2) If the test or tests were made for milk sold or delivered by a producer to a dealer, handler, or purchaser, the adjustments or proper payment as ordered by the Department shall be made by the affected dealer, handler, or purchaser to the producer. Such adjustment or proper payment shall be made at the next time that producers are paid for milk delivered, or not less than 20 days after the date of the order, whichever date is the lessor.

Stat. Auth.: ORS 561.190 & ORS 621.750
Stats. Implemented: ORS 621.750
Hist.: AD 803(10-65), f. & ef. 8-16-65

603-024-0520

Additional Instructions and Requirements

It must be recognized that in the implementation of Chapter 474, Oregon Laws 1965, and the fact that this is a new program, the Department, in the promulgation of regulations as set forth in OAR 603-024-0500 to 603-024-0535, cannot cover all the necessary details or provisions relating thereto. The Department, in addition to such rules, reserves the right to require other reasonable procedures relating to this program. Included in and accompanying the package unit and/or container or containers which will be forwarded to a producer for the purpose of placing samples of milk therein and mailing the same to the Department, will be further instructions as to the required sampling and handling of milk. The producer and the licensed sampler shall comply with such instructions.

Stat. Auth.: ORS 561.190 & ORS 621.750
Stats. Implemented: ORS 621.750
Hist.: AD 803(10-65), f. & ef. 8-16-65

603-024-0525

Deduction and/or Payment for Sampling and Testing

(1) If, as a result of sampling and testing of milk, the Department, under the provisions of subsection (2) of Section 4 of Chapter 474, Oregon Laws 1965, forwards an itemized statement or other similar form covering the cost of sampling and testing, the first handler or licensee who receives such form shall make the deduction from the producer in the manner and at the time set forth in ORS 583.046. The first handler or licensee, on forms furnished by the Department for this purpose, shall transmit such amount to the Department as further set forth under ORS 583.046 or regulations thereunder.

(2) If there is no first handler or licensee available, the Department, in lieu thereof, or in its option in any other case, shall forward the itemized statement to the person who requested and received the services authorized by Chapter 474, Oregon Laws 1965. Payment by such person (due date) shall be made to the Department as required by law, ORS 561.410, and regulations thereunder.

Stat. Auth.: ORS 561.190 & ORS 621.750
Stats. Implemented: ORS 621.750
Hist.: AD 803(10-65), f. & ef. 8-16-65

603-024-0530

Fees for Samples

A fee of $10 per sample drawn, as provided in OAR 603-024-0510 or 603-024-0535, is hereby established to be paid to the Department to defray the cost thereof.

Stat. Auth.: ORS 561.190 & ORS 621.750
Stats. Implemented: ORS 621.750
Hist.: AD 803(10-65), f. & ef. 8-16-65; AD 3-1987, f. & ef. 2-13-87

603-024-0535

Sampling and Testing of Milk; Other Than for Producers

(1) Special sampling and testing of milk for persons other than producers, as set forth in Chapter 474, Oregon Laws 1965, will be made by the Department at the request of such persons.

(2) The applicable provisions of OAR 603-024-0500 to 603-024-0535 apply, except where otherwise specified or set forth by the Department as special procedures and instructions. The payment for such services shall be made by the person requesting the service.

Stat. Auth.: ORS 561.190 & ORS 621.750
Stats. Implemented: ORS 621.750
Hist.: AD 803(10-65), f. & ef. 8-16-65

Fluid Milk — Grade A
Labeling, Advertising, and Display

603-024-0543

Labeling

All final delivery containers used for the sale of fluid milk or any product of fluid milk for which a standard of identity has been established shall be plainly labeled and marked as described in OAR 603-024-0017 and the requirements listed below:

(1) If the contents are raw:

(a) The words "This product has not been pasteurized, may contain disease producing organisms", immediately preceding or following the standard of identity name as set forth in OAR 603-024-0019(24);

(b) The wording prescribed in subsection (a) of this section shall be in bold-face type not less than one-fourth (1/4) inch in height; and

(c) The wording prescribed in subsection (a) of this section shall not be obscured either wholly or in part by the open date labeling (pull date) or the price declarations.

(2) Raw milk and raw milk products displayed for sale at retail shall not be commingled with pasteurized milk or pasteurized milk products and shall be physically separated therefrom.

(3) The phrase "within the limits of good manufacturing practice" refers to a reasonable deviation from the declared standard or label claim.

(4) Identity of the milk plant at which the contents are pasteurized and bottled. In case of a nonprocessing distributor, a code number assigned by the department may be used in lieu of the name and address of the milk plant at which the milk is pasteurized and bottled.

(5) The label shall show the list of ingredients, including the common name of edible stabilizers or emulsifiers if stabilizers or emulsifiers have been added. When modified starch is added as an optional ingredient, the product name on the principal display panel shall be immediately followed by the terms "with starch" or "with starch added". The following product grouping may be listed by their common name:

(a) Skim milk, concentrated skim milk, and nonfat dry milk may be declared as "skim milk";

(b) Milk,concentrated milk, and dried milk may be declared as "milk";

(c) Bacterial cultures may be declared by the word "cultured" followed by the name of the substrate; e.g., "made from cultured skim milk or cultured buttermilk";

(d) Sweetcream buttermilk, concentrated sweetcream buttermilk, and dried sweetcream buttermilk may be declared as "buttermilk";

(e) Cheese whey, concentrated cheese whey, and dried cheese whey may be declared as "whey";

(f) Cream, dried cream, and plastic cream (sometimes known as concentrated milkfat) may be declared as "cream";

(g) Butteroil and anhydrous butterfat may be declared as "butter";

(h) Dried whole eggs, frozen whole eggs, and liquid whole eggs may be declared as "eggs";

(i) Dried egg whites, frozen egg whites, and liquid egg whites may be declared as "egg whites";

(j) Dried egg yolks, frozen egg yolks, and liquid egg yolks may be declared as "egg yolks";

(k) Sugar (sucrose) shall be declared as "sugar", and invert sugar may be declared as "sugar".

(6) Sweeteners derived from corn may be declared as "corn sweeteners".

(7) Labeled grade of milk product shall not be higher than the lowest grade of any one constituent of fluid milk of which it is composed.

(8) Any labeled statement and illustration on final delivery containers for comparing the mineral and vitamin nutritive value of fluid milk or milk products are identified in OAR 603-024-0017 with each other of other foods shall be accompanied by a statement identifying the source of the labeled nutritive comparison claims.

Stat. Auth.: ORS 561.190, ORS 621.060, ORS 621.311 & ORS 621.405
Stats. Implemented: ORS 621.060
Hist.: AD 3-1987, f. & ef. 2-13-87; AD 21-1993, f. & cert. ef. 12-15-93; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0544

Advertising and Display

(1) Advertising of fluid milk products shall be deemed to be false if it is false or misleading in any particular;

(2) Advertising of fluid milk products as to price shall include quantity and the standard of identity name set forth in OAR 603-024-0017;

(3) Advertising of fluid milk products as to nutritional claims shall include the standard of identity name set forth in OAR 603-024-0017; and

(4) Violation of this section shall be deemed to be false advertising under ORS 616.060.

Stat. Auth.: ORS 561, ORS 616 & ORS 621
Stats. Implemented: ORS 621.060
Hist.: AD 1044(34-74), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0603.7; AD 18-1981, f. & ef. 7-23-81; DOA 6-2002, f. & cert. ef. 1-28-02

Licensing and Fees

603-024-0547

License Fees Relating to Fluid Milk

As provided in ORS 621.072, the license fees for the various categories of activities relating to fluid milk are as follows: Sampler and grader -- $25.

Stat. Auth.: ORS 183.335(5), 190, 561.190, 603, 616, 621 & 625
Stats. Implemented: ORS 621.072
Hist.: AD 6-1982, f. & ef. 5-20-82; AD 6-1989, f. & cert. ef. 5-11-89; AD 9-1990, f. & cert. ef. 5-7-90; AD 8-1991(Temp), f. & cert. ef. 7-29-91; AD 18-1991, f. & cert. ef. 12-5-91; DOA 8-2006, f. & cert. ef. 3-10-06

603-024-0554

Laboratory Certification

Certificate to perform specific tests or analyses on specific products shall be issued on receipt of application and $50 fee for the first test and $10 each for additional tests and following an approved survey or split sampling for such tests. The total fee shall not exceed $100. Laboratories must apply for a license with the Department on the specified form in order to be certified. A certified laboratory may be limited to a specific test, to a specific method, and to specific products by the Department.

Stat. Auth.: ORS 561.190 & ORS 621.072
Stats. Implemented: ORS 621.072
Hist.: AD 951(18-71), f. 9-27-71, ef. 10-15-71; Renumbered from 603-024-0611.5; DOA 6-2002, f. & cert. ef. 1-28-02

Standards for the Examination and Testing of Milk and Milk Products

603-024-0557

Sampling of Milk and Milk Products

The sampling and standards for the examination and testing of milk and milk products shall be as described in OAR 603-024-0211 and 603-024-0323.

Stat. Auth.: ORS 651 & ORS 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0572

Sampling Standard

Sampling standard means during any consecutive six months the collection and examination or testing of at least four samples of milk and milk products in at least four separate months. Except that when 3 months show a month containing 2 sampling dates separated by at least 20 days.

Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS 621.060 & ORS 621.261
Hist.: AD 630, f. 1-19-60; AD 883(13-68), f. & ef. 7-1-68; AD 1044(34-74), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0622.5; AD 8-1980, f. & ef. 11-20-80; DOA 6-2002, f. & cert. ef. 1-28-02

Procedures for the Examination and Testing of Milk and Milk Products; Enforcement

603-024-0580

The Collection, Transportation and Analysis of Milk Samples

Sampling, bacterial plate counts, coliform counts, temperature test, phosphatase test, somatic cell tests, and other laboratory tests used in the examination of milk and milk products to determine standards of quality shall conform to the procedures as contained in the latest edition of "Standard Methods for the Examination of Dairy Products" published by the American Public Health Association or to any other method approved by the Department. Such examination may include such other chemical and physical analyses as the Department may deem necessary.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS 621.060 & ORS 621.261
Hist.: AD 630, f. 1-19-60; AD 883(13-68), f. & ef. 7-1-68; AD 1044(34-74), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0630.5; AD 8-1980, f. & ef. 11-20-80; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0581

Standards for Licensed Milk Samplers and Graders

Tank truck drivers and milk plant personnel licensed to officially sample milk from farm bulk milk tanks or producer containers at receiving plants shall use the procedures described in OAR 603-024-0211.

Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS 621.060 & ORS 621.261
Hist.: AD 630, f. 1-19-60; AD 1044(34-74), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0631.5; AD 8-1980, f. & ef. 11-20-80; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0582

Bacteria, Coliform, and Temperature Tests

Whenever two of the last four consecutive bacteria counts, coliform determinations, or cooling temperatures, taken on separate days, exceed the limit of the standard for the milk or milk product, the Department shall send a written notice thereof to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within twenty one days of the sending of such notice, but not before the lapse of three days. Immediate suspension of grade shall be instituted whenever the standard is violated by three of the last five bacteria counts, coliform determination, or cooling temperatures. No action is taken if the last test is within the grade limit. Cultured products are exempt from the standard plate count.

Stat. Auth.: ORS 561.190, ORS 621.060 & ORS 621.261
Stats. Implemented: ORS 621.060 & ORS 621.261
Hist.: AD 630, f. 1-19-60; AD 1044(34-74), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0632.5; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0584

Sediment Test

(1) If upon examination the Department or grader shall obtain a sediment test which is in excess of a No. 2 sediment standard, the Department shall give the licensee a written notice of such fact. An additional sample shall be taken after an interval of not less than three days and if the test of the additional sample is also in violation of the sediment standard of the licensed grade then held, the licensee shall be given a written notice to suspend the sale, exposure, or offering for sale of such grade of milk for a specified period, or until such time that another test of the milk shall show the sediment content within the standard for the licensed grade.

(2) Milk or cream showing a sediment test in excess of a No. 3 sediment standard is deemed to be unlawful milk and the grader shall immediately affix to the container thereof a condemnation tag, which shall be in such form as the Department may prescribe, and in addition thoroughly mix with that milk such harmless red food coloring matter as will prevent the same from being sold, offered, or exposed for sale for human consumption in accordance with ORS 621.085.

Stat. Auth.: ORS 561.190, ORS 621.060 & ORS 621.261
Stats. Implemented: ORS 621.060 & ORS 621.261
Hist.: AD 630, f. 1-19-60; Renumbered from 603-024-0634.5

603-024-0585

Suspension Order

(1) Whenever the department is presented epidemiological evidence as determined by the Health Division of the Department of Human Resources which indicates that raw milk from a licensed raw milk producer-distributor is the suspected source of human infection, the department shall issue an order immediately suspending the sale of such milk unless it is first diverted to a pasteurization plant. In addition, the department shall order that all raw milk produced by the producer-distributor be immediately seized, detained or embargoed pursuant to ORS 561.605 to 561.620. The producer-distributor may appeal the department's order as provided in ORS 561.605 to 561.620.

(2) Unless otherwise directed, the order shall remain in effect until herd testing and genetic fingerprinting either support or are inconsistent with the epidemiological evidence. If subsequent heard testing supports the epidemiological link, the department's order suspending raw milk sales shall remain in effect until the producer-distributor satisfactorily documents that it has complied with the protocols in section (3) of this rule. If subsequent herd testing does not support the epidemiological link, the department shall lift the suspension order, allowing raw milk sales to resume.

(3) The protocols for re-establishing raw milk sales are:

(a) The entire dairy herd tested as appropriate at the dairy's expense;

(b) All samples must be collected by an accredited veterinarian and tested in a laboratory acceptable to the department.

Stat. Auth.: ORS 561.190, ORS 561.605 -- ORS 561.620, ORS 616.220 & ORS 621.072
Stats. Implemented: ORS 561.605 -- ORS 561.620, ORS 616.220 & ORS 621.072
Hist.: AD 15-1994(Temp), f. & cert. ef. 9-9-94; AD 8-1995, f. & cert. ef. 4-14-95; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0586

Suspension for Violation

If a violation of the grade standard for bacteria, temperature or coliform occurs within six months of any prior suspension for violation of the same standard, the license may be resuspended without benefit of the notice of violation and additional sampling, and without benefit of the three-day waiting period, if notice has been given within the six months that further violation of the same character will be grounds for further suspension.

Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS 621.060 & ORS 621.261
Hist.: AD 676, f. 7-18-61, ef. 8-11-61; Renumbered from 603-024-0635; AD 8-1980, f. & ef. 11-20-80; DOA 6-2002, f. & cert. ef. 1-28-02

Abnormal Milk Test

603-024-0589

Abnormal Milk Standard and Test

(1) The abnormal milk standards for milk for manufacturing purposes shall be determined by examination or testing for total somatic cells (leukocyte count) of at least four samples of milk from each producer during every six-month period. The leukocyte count shall be determined by a Direct Microscopic Somatic Cell Count, an electronic somatic cell count, or any other test which will give comparable results and is approved by the department.

(2) The abnormal milk standard shall be determined in the following manner:

(a) A Direct Microscopic Somatic Cell Count or Electronic Somatic Cell Count shall be conducted on each producer's milk at least four times in each six-month period;

(b) A milk sample having a leukocyte count of 500,000 or more per milliliter (ml.) shall be deemed to be violative of the abnormal milk standard;

(c) The three out of five compliance method shall apply in the case of all abnormal milk showing 1 million or more leukocytes per ml. except that a period of four weeks shall be allowed between warning notice and the taking of the next test;

(d) Whenever two of the last four consecutive leukocyte counts exceed the limit of the standards, the producer shall be given a warning letter which shall be in effect so long as two of the last four samples exceed the limit. An additional sample shall be taken but not before the lapse of four weeks. Milk shall be unlawful grade whenever the standard is violated by three of the last five leukocyte counts. No action is taken if the additional sample is within the standard (less than 500,000 cells per ml.). Release from unlawful grade is made with the first satisfactory sample.

(3) Cows which show an extensive induration of one or more quarters of the udder upon physical examination and/or secreting abnormal milk shall be temporarily excluded from the milking herd. Cows giving bloody, stringy, or abnormal milk shall be excluded from the herd until re-examination shall show that the milk has become normal.

(4) Milk from quarters of cow's udder treated with antibiotics for udder infection shall be withheld from the market according to manufacturer's recommendation.

Stat. Auth.: ORS 651 & 621
Stats. Implemented:
Hist.: DOA 6-2002, f. & cert. ef. 1-28-02; DOA 6-2013, f. & cert. ef. 4-26-13

603-024-0590

Dairy Farm and Milk Plant Inspection

(1) If, upon inspection of a dairy farm or milk plant by the Department, a violation of any item of sanitation as contained herein for the licensed grade then held is noted on two successive inspections made not less than three days apart, and notice has been given within six months of the second violation that further violation will be grounds for suspension, the license permitting use of the specified grade designation with milk or milk products may be suspended for a specific period of time which in no case shall exceed ten days.

(2) A copy of all inspection reports will be posted by the Department in a conspicuous place on an inside wall of the licensee's farm or milk plant, as the case may be, and shall not be defaced or removed without approval of the Department.

(3) A producer, producer-distributor, or distributor found in violation of any requirement(s) shall be notified by inspection report or in writing and given a reasonable time to correct such violation(s) before a second inspection is made. The requirement of giving written notice shall be deemed to have been satisfied by the handing to the operator, or by posting of, an inspection report required by this section. After receipt of a notice of violation, but before the allotted time has elapsed, the producer, producer-distributor, or distributor shall have an opportunity to contact the chief of the inspection agency to question the items marked in violation or for requesting an extension of the time allowed for correction.

(4) Whenever a producer, producer-distributor, or distributor ceases to operate under a current license, such license privileges are deemed suspended unless again authorized by an approval inspection.

Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS 621.060 & ORS 621.261
Hist.: AD 630, f. 1-19-60; AD 676, f. 7-18-61, ef. 8-11-61; AD 883(13-68), f. & ef. 7-1-68; AD 1044(34-74), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0638.5; AD 8-1980, f. & ef. 11-20-80; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0592

Examination for Somatic Cells

Examination of milk and enforcement of the standard for Grade A milk and milk products shall be as follows:

(1) A Direct Microscopic Somatic Cell Count or Electronic Somatic Cell Count shall be conducted on each producer's or producer-distributor's raw milk at least four times during separate months in each six-month period.

(2) Except for the standard set forth in section (5) of this rule, a milk sample having a somatic cell count of 500,000 or more per milliliter (ml.) shall be deemed to be violative of the somatic cell standard.

(3) Except for the standard set forth in section (5) of this rule, the three-out-of-five compliance method shall apply in the case of all abnormal milk showing 500,000 or more somatic cells per ml. except that a period of no more than twenty one days shall be allowed between warning notice and the taking of the next official test.

(4) Except for the standard set forth in section (5) of this rule, whenever two of the last four consecutive somatic cell counts exceed the limit of the standard, the producer shall be given a warning letter which shall be in effect so long as two of the last four samples exceed the limit. An additional sample shall be taken but not before the lapse of twenty one days. Immediate suspension of the milk shall be instituted whenever the standard is violated by three of the last five somatic cell counts. No action shall be taken if the additional sample is within the standard (less than 500,000 cells per ml.). Release from suspension shall be made with first satisfactory sample.

(5) A sample of goat's milk having a somatic cell count of 1,500,000 or more per milliliter (ml.) shall be deemed to be violative of the somatic cell standard. Otherwise, the provisions of this section apply to goat's milk.

Stat. Auth.: ORS 561 & 621
Stats. Implemented: ORS 621.060 & 621.261
Hist.: AD 883(13-68), f. & ef. 7-1-68; AD 1044(34-74), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0639.5; AD 10-1986, f. & ef. 6-11-86; DOA 6-2002, f. & cert. ef. 1-28-02; DOA 8-2012, f. 4-13-12, cert. ef. 7-1-12; DOA 6-2013, f. & cert. ef. 4-26-13

603-024-0594

Drug Residue Test

(1) Antibiotic tests on each producer's milk or on commingled raw milk shall be conducted at least four times during any consecutive six months. When commingled milk is tested, all producers shall be represented in the samples. All individual sources of milk shall be tested when test results on the commingled milk are positive.

(2) Violation of drug residue test shall be cause for immediate cease and desist (suspension), which shall be effective for 48 hours or four milkings and until a sample is received which shows a negative test result. This action shall not prevent the initiation of other enforcement actions as are available.

Stat. Auth.: ORS 561.190, ORS 621.060 & ORS 621.261
Stats. Implemented: ORS 621.060 & ORS 621.261
Hist.: AD 883(13-68), f. & ef. 7-1-68; AD 1044(34-74), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0640.5; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0596

Grading

(1) Each shipment or pick-up of grade A fluid milk shall be graded as to its acceptable quality by a licensed sampler/grader. If it is not acceptable and is rejected as unfit for grade A use, a record (forms supplied by the Department) is to be made showing:

(a) Producer's name and number;

(b) Market or pooling agent;

(c) Date and time;

(d) Quantity;

(e) Cause for rejection;

(f) Disposition of the rejected milk.

(2) The original copy of the record is to be forwarded to the Department, Food and Safety Division, not later than seven days following the rejection.

Stat. Auth.: ORS 561.190, ORS 621.060 & ORS 621.261
Stats. Implemented: ORS 621.060 & ORS 621.261
Hist.: AD 951(18-71), f. 9-27-71, ef. 10-15-71; AD 1044(34-74), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0641.5; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0598

Tests and Analyses

In addition to official laboratory results, certified laboratories using recognized standard methods may perform tests and analyses for standard plate count, coliform count, phosphatase, drug residues (antibiotics), added water (cryoscope), somatic cells, and potable water for which they are certified and such results may be acceptable as official. Tests and analyses of finished products performed by the processor of that product are not acceptable as official, unless approved by the Department.

Stat. Auth.: ORS 561.190, ORS 621.060 & ORS 621.261
Stats. Implemented: ORS 621.060 & ORS 621.261
Hist.: AD 951(18-71), f. 9-27-71, ef. 10-15-71; Renumbered from 603-024-0642.5; DOA 6-2002, f. & cert. ef. 1-28-02

Grade A Producer Regulations

603-024-0605

Health of Cows, Goats, and Sheep and Abnormal Milk

(1) In addition to the requirements of OAR 603-024-0211, all herds of cows goats and sheep producing milk for human consumption as defined in 603-024-0019 and for which a standard of identity has been established in 603-024-0017(2) shall be in compliance with the laws of the State of Oregon and regulations promulgated thereunder relating to tuberculosis and brucellosis.

(2) Raw Milk For Human Consumption: Goat and Sheep dairies selling raw milk for human consumption shall comply with the following:

(a) Brucellosis: All animals in the herd that are more than 6 months of age shall be tested for brucellosis at a lab approved by the Department at intervals of no more than 12 months.

(b) Tuberculosis: All animals in the herd that are more than 6 months of age shall be tested for tuberculosis at a lab approved by the Department at intervals of no more than 12 months.

(3) For other diseases such tests and examinations as the Department may require after consultation with the State Veterinarian shall be made at intervals and according to methods prescribed and any diseased animals shall be disposed of as may be required.

Stat. Auth.: ORS 561.190, 616.230 & 621.060
Stats. Implemented: ORS 621.060 & 621.261
Hist.: AD 883(13-68), f. & ef. 7-1-68; AD 1044(34-74), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0656.01; AD 3-1993, f. & cert. ef. 1-28-93; DOA 6-2002, f. & cert. ef. 1-28-02; DOA 6-2013, f. & cert. ef. 4-26-13

Milk House or Room — Construction and Facilities

603-024-0613

Construction and Facilities of Milk House

A milk house shall be constructed and maintained in accordance with the following: The milk house used by retail raw milk dairies (producer-distributor) shall consist of two rooms separating the handling of milk and storage of cleaned utensils from the cleaning and other operations which shall be so located as to prevent any contamination of milk or of cleaned equipment. The facility shall comply with the requirements of OAR 603-024-0211. The milk house rooms shall be of adequate size subject to approval by the Department to satisfactorily handle the volume of milk to be cooled, bottled, capped, and the washing of utensils, containers, and equipment.

Stat. Auth.: ORS 561 & 621
Stats. Implemented: ORS 621.060 & 621.261
Hist.: AD 883(13-68), f. & ef. 7-1-68; AD 1044(34-75), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0656.05; AD 8-1980, f. & ef. 11-20-80; AD 9-1983, f. & ef. 8-22-83; DOA 6-2002, f. & cert. ef. 1-28-02; DOA 6-2013, f. & cert. ef. 4-26-13

603-024-0621

Utensils and Equipment Construction, Installation, and Use

Farm tanks in all new or replacement installations shall be equipped with an approved type recording thermometer with a temperature range of 32 degrees F. to 180 degrees F. and interval timers for agitation of the milk.

(1) Accuracy of the recording thermometer shall be within plus or minus two degrees. The recording device should be installed in an area convenient to the milk storage tank and acceptable to the regulatory agency. The sensor bulb or device shall be located so as to record the temperature of the milk in the tank before it reaches ten percent of the tank volume;

(2) The interval timer shall be set and adjusted so that the milk will be agitated not less than a five minute period with a frequency of at least once every two hours.

Stat. Auth.: ORS 561.190, ORS 621.060 & ORS 621.261
Stats. Implemented: ORS 621.060 & ORS 621.261
Hist.: AD 883(13-68), f. & ef. 7-1-68; AD 1044(34-74), f. 9-5-74, ef. 10-1-74; AD 1070, f. & ef. 11-20-75; Renumbered to 603-024-0621; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0640

Cooling

(1) Temperature recording charts approved by the Department shall be provided for farm tank recording thermometers. The pickup driver and licensed milk grader shall examine chart for temperature record and compliance with requirements at the time of receipt of the milk. He shall date, sign, and replace the old chart with a new one. The charts shall be kept for 90 days for observation by graders, sanitarians, and for other official purposes.

(2) Farm tanks in all new or replacement installations shall be equipped with approved type recording thermometers with a temperature range of 32 degrees F. to 180 degrees F. and interval timers for agitation of the milk:

(a) Accuracy of the recording thermometer shall be within plus or minus 2 degrees F. The recording device should be installed in an area convenient to the milk storage tank and acceptable to the regulatory agency. The sensor bulb or device shall be located so as to record the temperature of the milk in the tank before it reaches ten percent of the tank volume;

(b) The interval timer shall be set and adjusted so that the milk will be agitated not less than a five minute period with a frequency of at least once every two hours.

Stat. Auth.: ORS 561.190, 621.060 & 621.261
Stats. Implemented: ORS 621.060 & 621.261
Hist.: AD 883(13-68), f. & ef. 7-1-68; AD 1044(34-74), f. 9-5-74, ef. 10-1-74; Renumbered from 603-024-0656.19; DOA 6-2002, f. & cert. ef. 1-28-02; DOA 6-2013, f. & cert. ef. 4-26-13

603-024-0641

Transportation of Milk and Milk Products and Surroundings

All producer Grade A raw milk for pasteurization must be picked up at least once each 48 hour period. In addition, to facilitate cleaning of the farm bulk tank, the tank shall be completely emptied once each 48 hour period.

Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS 621.060 & ORS 621.261
Hist.: AD 883(13-68), f. & ef. 7-1-68; Renumbered from 603-024-0656.20; AD 9-1983, f. & ef. 8-22-83; DOA 6-2002, f. & cert. ef. 1-28-02

Frozen Desserts

603-024-0741

Definitions and Standards for Frozen Desserts

In accordance with ORS 621.311, definitions and standards for frozen desserts adopted by the Food and Drug Administration of the United States Department of Health, Education and Welfare are hereby adopted as the definitions and standards of identity for frozen desserts in the State of Oregon. These definitions and standards are set forth in OAR 603-024-0017(2). In addition, no wholesaler shall sell, offer for sale or have in his possession with intent to sell a frozen dessert or frozen dessert mix to a retailer which has a bacteria count in excess of 50,000 per gram. Frozen desserts in which cultured milk is an ingredient shall not be required to meet any minimum bacteria count standards.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561, ORS 616 & ORS 621
Stats. Implemented: ORS 621.311
Hist.: AD 1075(21-75), f. & ef. 12-31-75; AD 3-1979, f. & ef. 3-13-79; AD 10-1984, f. & ef. 7-6-84; AD 8-1985, f. & ef. 9-20-85; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0785

Frozen Yogurt Dessert Mix; Frozen Yogurt Dessert; Standards of Identity and Label Statements

In accordance with ORS 621.311, the following definitions and standards are established:

(1) "Frozen Yogurt Dessert Mix" or "Frozen Yogurt Mix" is the food prepared from the product identified in Title 21, CFR, Chapter 1, Section 131.200, except that the titratable acidity shall not be less than 0.20 percent, expressed as lactic acid, with or without added milk solids, flavoring, or seasoning, and which shall be free of molds, yeast, and other fungi, as well as other objectionable bacteria which may impair the quality of such product. Matured and wholesome fruit or approved flavors may be added for fruit, fruit flavored, or flavored yogurts. Addition of sugar is optional.

(2) "Frozen Yogurt Dessert" is a frozen product produced from a frozen yogurt dessert mix identified in section (1) of this rule and which complies with all the identity standards contained therein.

(3) Each of the products identified in sections (1) and (2) of this rule shall be labeled as provided in ORS 621.320.

(4) Compliance with the coliform standard shall be deemed to have been met if the number of coliform organisms does not exceed ten per gram per sample in more than two of the last five samples. No enforcement action shall be taken if the last sample is within the standard.

Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS 621.311
Hist.: AD 1104(25-76), f. & ef. 9-13-76; AD 5-1977, f. & ef. 3-14-77; AD 3-1987, f. & ef. 2-13-87; DOA 6-2002, f. & cert. ef. 1-28-02

603-024-0795

Nondairy Frozen Dessert: Identity

Nondairy Frozen Dessert is the food prepared in accordance with the requirements adopted under OAR 603-024-0741, except that:

(1) It contains no milk, milkfat or milk solids.

(2) Its content of edible oil or fat is not less than two (2) percent.

(3) Its content of food solids is not less than 1.3 pounds per gallon.

(4) It may contain:

(a) Harmless edible stabilizers and emulsifiers;

(b) Nutritive carbohydrate sweeteners; or

(c) Fruit or fruit juices, nut meats, harmless flavoring or harmless coloring.

(5) The name of the food is "Nondairy Frozen Dessert."

Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS 621.311
Hist.: AD 8-1985, f. & ef. 9-20-85

603-024-0796

Nondairy Frozen Dessert Mix: Identity

Nondairy Frozen Dessert Mix is the food, in a dry or concentrated form, used in the manufacture of a nondairy frozen dessert, which is prepared in accordance with the requirements of OAR 603-024-0795.

Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS 621.311
Hist.: AD 8-1985, f. & ef. 9-20-85

Civil Penalties

603-024-0900

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 & 621.995
Stat. Implemented: ORS 621.995
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

603-024-0910

Definitions

As used in OAR 603-024-0920 through 603-024-0930, unless otherwise required by the context, the following terms will be construed to mean:

(1) “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.

(2) “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.

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

(4) “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.

(5) "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.

(6) “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 621.056, 621.057, 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.117, 621.122, 621.124, 621.161, 621.166, 621.183, 621.198, 621.207, 621.226, 621.259, 621.335, 621.340, 621.345, 621.418, 621.445 or 621.730, or any rules, regulations or standards adopted under ORS 621.060, 621.083, 621.096, 621.224 or 621.261.

Stat. Auth.: ORS 561.190 & 621.995
Stat. Implemented: ORS 621.995
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

603-024-0920

Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190 or 621.991, the Department may impose a civil penalty with respective amounts for:

(1) Failure by a distributor, producer-distributor or dairy products plant licensee to employ a grader that accurately and impartially grades all milk or fluid milk purchased by the distributor, producer-distributor or licensee from producers before it is commingled with other milk or otherwise loses its identity pursuant to ORS 621.056. Penalty — $1,000 to $5,000.

(2) Violation of the grader recording requirements in ORS 621.057. Penalty — $100 to $5,000.

(3) The processing, distribution, sale or offer or exposure for sale fluid milk that does not conform to a standard of identity established by the Department as explained in ORS 621.062. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(4) The use of any grade designation on bottle caps, in advertising, on labels or in any other manner connected with the sale of fluid milk without a Department license for the person to use the grade designation as explained in ORS 621.070. Penalty — $5,000 to $10,000.

(5) Failure to obtain a license as required in ORS 621.072(2). Penalty — $5,000 to $10,000.

(6) Failure to obtain a license as required in ORS 621.072(4). Penalty — $1,000 to $5,000.

(7) Interference with a lawful inspection as authorized under ORS 621.072(5). Penalty — $5,000 to $10,000.

(8) Knowingly misrepresenting the annual gross dollar volume of sales and services by a license applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service records on a fiscal basis, the prior fiscal year, for the requirements of ORS 621.072 or 621.166. Penalty — $1,000 to $5,000.

(9) Violation of the requirements of ORS 621.076(1), relating to container labeling. Penalty — $5,000 to $10,000.

(10) Bottling unpasteurized fluid milk off of the premises where it is produced as explained in ORS 621.076(2). Penalty — $5,000 to $10,000.

(11) A producer or producer-distributor selling or offering for sale fluid milk during the period that the license of the producer or producer-distributor to use a grade designation on fluid milk has been suspended under ORS 621.072 or 621.073. Penalty — $5,000 to $10,000.

(12) A distributor knowingly purchasing fluid milk from any person whose license to use a grade designation has been suspended under ORS 621.072 or 621.073. Penalty — $5,000 to $10,000.

(13) A distributor knowingly purchasing fluid milk from any person other than a person licensed under ORS 621.072. Penalty — $5,000 to $10,000.

(14) Violation of the labeling requirements of ORS 621.076(6). Penalty — $1,000 to $5,000.

(15) A distributor, producer-distributor, dairy products plant licensee or any other purchaser of milk from producers failing to weigh, sample and test fluid milk purchased by them from producers in the same manner as milk and cream are weighed, sampled and tested under ORS 621.096. Penalty — $1,000 to $5,000.

(16) Violation of ORS 621.088, relating to milk or cream to which water has been added. Penalty — $5,000 to $10,000.

(17) Violation of ORS 621.117, relating to pasteurized milk and disease-free goat and sheep herds. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(18) Operating or permitting the operation of any pasteurization equipment except under the direct personal supervision of a person licensed as a pasteurizer operator under ORS 621.266. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(19) A distributor, producer-distributor or dairy products plant licensee selling, offering or exposing for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, except to another distributor, producer-distributor or dairy products plant licensee for the manufacture of milk, fluid milk or dairy products as explained in ORS 621.122(2). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(20) Except as permitted by ORS 621.003, 621.012, 621.060 and 621.076, a person knowingly selling, offering or exposing for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, except to a distributor, producer-distributor or dairy products plant licensee for the manufacture of milk, fluid milk or dairy products as explained in ORS 621.122(3). Penalty — $8,000 to $10,000.

(21) A distributor, producer-distributor or dairy products plant licensee selling, offering or exposing for sale any milk, fluid milk or dairy product processed or manufactured by the distributor, producer-distributor or licensee without all of the milk or cream constituents from cows having been pasteurized and all milk or cream constituents from goats or sheep were produced by a disease-free herd or have been pasteurized as explained in ORS 621.122(4). Penalty — $5,000 to $10,000.

(22) A person knowingly selling, offering or exposing for sale any dairy product without all of the milk or cream constituents of the product from cows have been pasteurized and all constituents from goats or sheep were produced by a disease-free herd or have been pasteurized as explained in ORS 621.122(5). Penalty — $8,000 to $10,000.

(23) A person falsely representing by word, design, device or by any other means that any milk, cream, fluid milk, dairy product, frozen dessert mix or frozen dessert has been pasteurized as explained in ORS 621.122(7). Penalty — $5,000 to $10,000.

(24) A distributor, producer-distributor or dairy products plant licensee failing to provide for the grading of all milk transported, received or purchased by the distributor, producer-distributor or licensee as required by ORS 621.056, 621.057, 621.084 and 621.226 and regulations adopted under ORS 621.096. Penalty — $1,000 to $5,000.

(25) A person altering, removing or tampering with any condemnation tag affixed by the Department or a grader pursuant to the provisions of ORS 621.203 or 621.226. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(26) Violations of the requirements of ORS 621.122(10), relating to sampling, weighing, and testing milk or cream. Penalty — $500 to $5,000.

(27) A person selling or offering or exposing for sale any fluid milk with knowledge that the milk has been produced from a herd of cows, sheep or goats, one or more of which were infected with brucellosis at the time the milk was produced, or with knowledge that not all the animals in the herd have been tested or retested for brucellosis in a manner approved by the Department as explained in ORS 621.124. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(28) Operating a dairy products plant without a valid license for that plant as explained in ORS 622.161. Penalty — $5,000 to $10,000.

(29) Violation of the license requirements of ORS 621.166. Penalty — $5,000 to $10,000.

(30) A person operating a dairy products plant or a physical facility of a distributor or producer-distributor that fails to conform to the standards prescribed pursuant to ORS 621.176 and 621.181, relating to disease and contamination prevention. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(31) A producer storing milk that is to be sold to a dairy products plant or to be used at a physical facility of a distributor or producer-distributor, in bulk storage tanks, equipment, buildings or other facilities that do not conform to the standards prescribed pursuant to ORS 621.193. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(32) A distributor, producer-distributor or dairy products plant licensee receiving or purchasing milk from a producer, that is stored in bulk storage tanks, equipment, buildings or other facilities that do not conform to the standards prescribed pursuant to ORS 621.193. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(33) A person other than an authorized employee or agent of the Department removing a condemnation tag or marking from a container as explained in ORS 621.207(1). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(34) A person placing any fluid milk, cream, milk or dairy product in a container bearing a condemnation tag or marking as explained in ORS 622.207(2). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(35) A person using the contents of a container that has been condemned to manufacture, process or bottle fluid milk, cream, milk or dairy products as explained in ORS 622.207(3). Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(36) Failure of a grader to affix a condemnation tag and mix sufficient harmless red coloring matter with any milk, cream, dairy product or fluid milk when the milk, cream, dairy product or fluid milk is unlawful as described in ORS 621.226(2). Penalty — $500 to $5,000.

(37) Operating pasteurization equipment used by a distributor or producer-distributor or at a dairy products plant, and the distributor, producer-distributor or dairy products plant licensee fails to ensure that the pasteurization process is under the direct supervision of a pasteurizer operator licensed under ORS 621.266. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(38) A person engaging in the business of freezing or making frozen desserts and then selling those frozen desserts at wholesale without a license to carry on that business from the Department. Penalty — $5,000 to $10,000.

(39) A frozen dessert wholesaler selling, offering for sale or possessing with intent to sell a frozen dessert or frozen dessert mix that has an excessive bacteria count as established by rule of the Department. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(40) A person selling or offering for sale any product that the person represents to be a frozen dessert or that simulates or imitates the taste, texture or general composition of a frozen dessert unless the product conforms to the standard of identity for that frozen dessert established by rule of the Department pursuant to ORS 621.311. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(41) A person selling or offering for sale an imitation milk product that does not conform to a standard of quality and identity established by the Department as explained in ORS 621.418. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(42) Violation of ORS 621.445(1), relating to colored butter substitutes in any public eating place. Penalty — $100 to $500.

(43) A milk handler, dealer, licensee or purchaser of milk terminating or threatening to terminate the purchase of milk from a producer or seller, or taking or threatening to take other retaliatory action against a producer or seller of milk, because the producer or seller has exercised rights and privileges as authorized in ORS Chapter 621. Penalty — $1,000 to $5,000.

(44) Selling or offering for sale imitation milk products in the final delivery container that contain more than 20,000 bacteria per milliliter, 10 coliform per milliliter, or whose temperature exceeds 45 degrees Fahrenheit. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(45) Failure to maintain sanitation standards of OAR 603-024-0095. Penalties:

(a) Minor — $1,000 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(46) Violation of OAR 603-024-0379, relating to grading period of milk. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

(47) Violation of OAR 603-024-0641, relating to transportation of milk and milk products. Penalties:

(a) Minor — $500 to $4,000;

(b) Moderate — $4,001 to $7,000; or

(c) Major — $7,001 to $10,000.

Stat. Auth.: ORS 561.190 & 621.995
Stat. Implemented: ORS 621.995
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

603-024-0930

Penalty factors; procedure

(1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 621.995, 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 milk, dairy products or substitutes thereof.

(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 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 603-024-0910 will be assessed as three times the penalty amount in OAR 603-024-0910, 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 & 621.995
Stat. Implemented: ORS 621.995
Hist.: DOA 2-2013, f. & cert. ef. 2-7-13

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