ORS 616.028 State Department of Agriculture administration and enforcement of federal or interstate food safety systems; rules; penalties

Consistent with the terms of the federal FDA Food Safety Modernization Act (P.L. 111-353) or interstate food safety systems authorized under the federal Act, the State Department of Agriculture may administer and enforce duties, functions and powers that include, but are not limited to:

Conducting inspections to ensure that a farm or a food facility is complying with department rules adopted under this section;

Providing food facilities with documentation of licenses, inspection reports or other evidence of state oversight that federal guidelines developed under or in relation to the federal Act require as assurance that a food facility is in compliance with state, local or other nonfederal food safety laws;

Entering into intergovernmental agreements, contracts, memoranda of understanding or other arrangements for the administration and enforcement of the interstate food safety systems;

Facilitating partnerships of state agencies with federal, local and private sector entities to help coordinate and enhance the protection of agriculture and food systems;

Providing for the regular and timely exchange of information relating to the security of agriculture and food systems, including but not limited to information for food tracing;

Assisting in the development and adoption of science-based minimum standards for the safe production and harvesting of agricultural products;

Coordinating with federal, local and private sector entities to develop and employ best practices for preparedness and response plans for agriculture and food defense;

Protecting the economy and public health from the effects of:

Animal or plant disease outbreaks;

Food contamination; and

Natural disasters affecting agriculture and food;

Imposing reasonable fees for services; and

Assessing civil penalties or other sanctions to the extent authorized under the federal Act or an interstate food safety system.

The department may adopt rules for the purpose of carrying out any department duties, functions and powers authorized under this section. The rules may include, but need not be limited to, the adoption by reference, in modified or unmodified form, of any statutes, regulations, guidelines or other provisions, or of any standards, practices or requirements, used by the federal government with regard to the federal Act or by the federal government or other parties with regard to interstate food safety systems authorized under the federal Act.

The authority granted to the department under this section is in addition to, and not in lieu of, any other lawful authority granted to the department under state or federal law to administer and enforce standards, practices or requirements related to food safety.