Oregon Law
Law as of Jan 1, 2024
Chapter contents
621.003Definitions 621.005[Amended by 1979 c.320 §15; 1982 s.s.1 c.4 §16; repealed by 1999 c.197 §61] 621.010Restraining violations 621.012Exception for small-scale on-farm sales 621.015Disposition of license fees; appropriation 621.018Entry and use of fluid milk produced outside state; reciprocal agreements 621.020[1957 c.346 §6; 1999 c.197 §7; renumbered 621.300 in 1999] 621.055[Amended by 1955 c.714 §11; 1959 c.346 §2; 1981 c.523 §2; repealed by 1999 c.197 §61] 621.056Employment of grader 621.057Record of grade of milk 621.058Milk, fluid milk and dairy product grades, standards, safety and marketability; rules 621.059Definitions and standards of identity for cheese; rules 621.060Establishing standards of quality and identity for fluid milk; rules 621.062Deviation from standard of identity prohibited 621.065[Amended by 1955 c.714 §12; 1999 c.197 §10; 2003 c.14 §372; repealed by 2015 c.203 §28] 621.070License required to use grade designation 621.072Issuance of license to use grade designation; grading by milk hauler; facility inspections; fees; rules 621.073Suspension of grade use privilege 621.074[Formerly 621.080; repealed by 1963 c.48 §5] 621.075[Amended by 1955 c.714 §13; renumbered 621.072] 621.076Container labeling; bottling unpasteurized milk; prohibition against milk by or from suspended licensee 621.077[Formerly 621.082; 1999 c.197 §13; renumbered 621.224 in 1999] 621.078Additional users of milk processing plant; fees; rules 621.079[1959 c.145 §§2,3; 1979 c.320 §1; repealed by 1982 s.s.1 c.4 §7] 621.080[Amended by 1959 c.145 §9; renumbered 621.074] 621.081[1959 c.145 §§4,5,6,8; 1963 c.48 §3; 1971 c.773 §9; 1979 c.320 §2; repealed by 1982 s.s.1 c.4 §14] 621.082[1955 c.714 §16; renumbered 621.077] 621.083Procedures and equipment for graders 621.084Weighing, sampling and testing fluid milk 621.085[Repealed by 1999 c.197 §61] 621.088Sale or possession of milk or cream to which water has been added 621.089[1955 c.25 §2; 1973 c.99 §1; 1983 c.55 §1; 1999 c.197 §17; 1999 c.937 §2a; renumbered 621.012 in 1999] 621.090[Amended by 1959 c.241 §1; repealed by 1999 c.197 §61] 621.092Right of producer to be present at weighing, sampling or testing and to have own tests made 621.093Liability of licensee for inaccurate weighing, sampling, testing or recording; attorney fees 621.094Authority of department to take charge of weighing, sampling and testing upon noncompliance 621.095[Repealed by 1999 c.197 §61] 621.096Regulations regarding weighing, sampling and testing 621.100[Repealed by 1999 c.197 §61] 621.102[1957 c.346 §2; repealed by 1999 c.197 §61] 621.105[Amended by 1999 c.197 §18; renumbered 621.018 in 1999] 621.110[Repealed by 1979 c.320 §19] 621.115[Amended by 1955 c.714 §14; 1999 c.197 §19; renumbered 621.076 in 1999] 621.116Prohibition against retail sale of unpasteurized milk from cows 621.117Distributor or producer-distributor may sell only milk that is pasteurized or from disease-free goats or sheep 621.118[1955 c.714 §9(1),(2); 1999 c.197 §21; renumbered 621.259 in 1999] 621.119[1955 c.714 §9(4); repealed by 1999 c.197 §61] 621.120[Amended by 1961 c.425 §14; 1979 c.320 §4; 1999 c.197 §22; renumbered 621.073 in 1999] 621.122Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers; prohibited acts of licensees; pasteurization exemption 621.124Milk not to be sold if from diseased animals or from animals that have not been tested or retested for brucellosis 621.125[Amended by 1955 c.14 §1; repealed by 1957 c.346 §4 (621.124 enacted in lieu of 621.125)] 621.151[1953 c.686 §30; repealed by 1999 c.197 §61] 621.152[1953 c.686 §1; 1957 c.346 §7; 1963 c.80 §1; 1969 c.164 §4; 1971 c.769 §2; 1981 c.523 §4; repealed by 1999 c.197 §61] 621.155[Repealed by 1953 c.686 §37] 621.156[1953 c.686 §29; 1955 c.714 §6; 1971 c.769 §3; 1979 c.320 §5; 1982 s.s.1 c.4 §8; repealed by 1999 c.197 §61] 621.160[Repealed by 1953 c.686 §37] 621.161Operation of dairy products plant without license prohibited 621.165[Repealed by 1953 c.686 §37] 621.166Application for dairy products plant license; rules; fee; mobile milk tanker fees 621.169Additional users of dairy products plant; fees; rules 621.170[Repealed by 1953 c.686 §37] 621.171Issuance of license; renewal; suspension; revocation 621.175[Repealed by 1953 c.686 §37] 621.176Standards of construction for plants and facilities 621.180[Repealed by 1953 c.686 §37] 621.181Standards of sanitation for operation of plants and facilities 621.183Prohibition against operating plant or facility that does not meet standards 621.185[Repealed by 1953 c.686 §37] 621.186[1953 c.686 §7; repealed by 1999 c.197 §61] 621.190[Repealed by 1953 c.686 §37] 621.191[1953 c.686 §8; repealed by 1969 c.152 §6] 621.193Standards for farm bulk storage facilities 621.195[Repealed by 1953 c.686 §37] 621.196[1953 c.686 §9; repealed by 1969 c.152 §6] 621.198Prohibition against use or dealing with user of nonstandard bulk storage facilities 621.200[Repealed by 1953 c.686 §37] 621.201[1953 c.686 §10; 1955 c.118 §1; 1979 c.91 §1; 1999 c.197 §31; renumbered 621.058 in 1999] 621.203Condemnation of unfit container and its contents 621.205[Repealed by 1953 c.686 §37] 621.206[1953 c.686 §11; 1979 c.320 §12; 1999 c.197 §32; renumbered 621.056 in 1999] 621.207Prohibition against unauthorized removal of condemnation tag or marking or use of container or its contents 621.210[Repealed by 1953 c.686 §37] 621.211[1953 c.686 §15; 1979 c.320 §16; repealed by 1999 c.197 §61] 621.215[Repealed by 1953 c.686 §37] 621.216[1953 c.686 §12; 1979 c.320 §14; 1999 c.197 §33; renumbered 621.057 in 1999] 621.220[Repealed by 1953 c.686 §37] 621.221[1953 c.686 §13; 1955 c.118 §2; repealed by 1999 c.197 §61] 621.224Bacterial standards 621.225[Repealed by 1953 c.686 §37] 621.226Condemnation of unlawful milk, cream, dairy product or fluid milk 621.230[Repealed by 1953 c.686 §37] 621.231[1953 c.686 §18; 1959 c.144 §1; repealed by 1999 c.197 §61] 621.236[1953 c.686 §19; 1959 c.144 §2; 1999 c.197 §35; renumbered 621.096 in 1999] 621.241[1953 c.686 §20; 1999 c.197 §36; renumbered 621.092 in 1999] 621.246[1953 c.686 §21; 1981 c.897 §72; 1995 c.618 §92; 1999 c.197 §37; renumbered 621.093 in 1999] 621.251[1953 c.686 §22; 1999 c.197 §38; renumbered 621.094 in 1999] 621.255[Repealed by 1953 c.686 §37] 621.256[1953 c.686 §16; repealed by 1999 c.197 §61] 621.259Pasteurization equipment; supervision by licensed pasteurizer operator 621.260[Repealed by 1953 c.686 §37] 621.261Regulations regarding equipment used in pasteurization process 621.265[Repealed by 1953 c.686 §37] 621.266Pasteurizer operator license; rules; fee 621.270[Repealed by 1953 c.686 §37] 621.271[1953 c.686 §24; repealed by 1979 c.320 §19] 621.275[Repealed by 1953 c.686 §37] 621.276Licensees to show knowledge of and ability to comply with changes in laws or regulations 621.280[Repealed by 1953 c.686 §37] 621.281Suspension or revocation of licenses issued under ORS 621.266 621.285[Repealed by 1953 c.686 §37] 621.286[1953 c.686 §28; 1969 c.152 §1; 1971 c.743 §402; 1971 c.769 §6; 1979 c.320 §17; 1983 c.740 §234; 1999 c.197 §42; 1999 c.937 §6; renumbered 621.122 in 1999] 621.290[Repealed by 1953 c.686 §37] 621.291[1953 c.686 §36; repealed by 1999 c.197 §61] 621.293[1971 c.769 §8; repealed by 1979 c.320 §19] 621.295[Repealed by 1953 c.686 §37] 621.297Certification of milk and dairy product testing laboratories; fee 621.300Use of Ring Test or Whey Test for brucellosis 621.305[Amended by 1953 c.684 §12; 1959 c.343 §1; 1961 c.459 §1; 1965 c.45 §1; 1979 c.320 §8; repealed by 1999 c.197 §61] 621.310[Amended by 1953 c.684 §12; repealed by 1961 c.360 §1 (621.311 enacted in lieu of 621.310)] 621.311Definitions and standards of identity for frozen desserts; rules 621.315[Amended by 1953 c.684 §12; repealed by 1999 c.197 §61] 621.320Labeling requirements for frozen desserts; exemption 621.325[Amended by 1953 c.684 §12; subsection (3) enacted as 1953 c.684 §7; 1961 c.360 §4; 1985 c.286 §2; repealed by 1999 c.197 §61] 621.330[Amended by 1953 c.684 §12; 1979 c.320 §10; repealed by 1999 c.197 §61] 621.335Licenses to make and sell frozen desserts at wholesale; fees; expiration; rules 621.340Selling frozen dessert with excessive bacteria count prohibited 621.345Sale or offering for sale of nonconforming product prohibited 621.348[1953 c.684 §12; repealed by 1999 c.197 §61] 621.350[Amended by 1953 c.684 §12; repealed by 1999 c.197 §61] 621.352[1953 c.684 §12; repealed by 1999 c.197 §61] 621.355[Repealed by 1999 c.197 §61] 621.357[1953 c.684 §12; repealed by 1999 c.197 §61] 621.360[Amended by 1953 c.684 §12; repealed by 1999 c.197 §61] 621.365[Repealed by 1999 c.197 §61] 621.367[1953 c.684 §12; repealed by 1999 c.197 §61] 621.368Revocation of licenses 621.369Possession of frozen dessert or frozen dessert mix as prima facie evidence of intent to sell 621.370[Repealed by 1963 c.48 §5] 621.405Definitions and standards for condensed or evaporated milk 621.410Requisites of milk used in manufacture of condensed or evaporated milk; vegetable fat prohibited 621.415[Repealed by 1963 c.165 §1 (621.416 enacted in lieu of 621.415)] 621.416[1963 c.165 §2 (enacted in lieu of 621.415); 1969 c.149 §1; repealed by 1999 c.197 §61] 621.418Standards for imitation milk products; sale of nonstandard imitation milk prohibited 621.420[Amended by 1963 c.165 §3; repealed by 1999 c.197 §61] 621.425[Amended by 1963 c.165 §6; 1969 c.152 §4; repealed by 1999 c.197 §61] 621.429[1963 c.165 §5; repealed by 1999 c.197 §61] 621.430[Repealed by 1963 c.165 §8] 621.435Substitute or imitation dairy products; use of words or pictures indicating product to be genuine; exception 621.440[Repealed by 1999 c.197 §61] 621.445Restrictions on serving colored butter substitute in public eating place 621.455[Repealed by 1953 c.686 §37] 621.460[Repealed by 1953 c.686 §37] 621.465[Repealed by 1953 c.686 §37] 621.470[Repealed by 1953 c.686 §37] 621.475[Repealed by 1953 c.686 §37] 621.480[Repealed by 1953 c.686 §37] 621.485[Repealed by 1953 c.686 §37] 621.490[Repealed by 1953 c.686 §37] 621.495[Repealed by 1953 c.686 §37] 621.500[Repealed by 1953 c.686 §37] 621.505[Repealed by 1953 c.686 §37] 621.555[Repealed by 1965 c.107 §7] 621.560[Repealed by 1965 c.107 §7] 621.565[Repealed by 1965 c.107 §7] 621.570[Repealed by 1965 c.107 §7] 621.575[Repealed by 1965 c.107 §7] 621.580[Repealed by 1965 c.107 §7] 621.585[Repealed by 1965 c.107 §7] 621.590[Repealed by 1965 c.107 §7] 621.595[Repealed by 1965 c.107 §7] 621.600[Repealed by 1965 c.107 §7] 621.605[Repealed by 1959 c.79 §1] 621.610[Repealed by 1959 c.79 §1] 621.655[Repealed by 1955 c.81 §1] 621.656[1955 c.714 §2; repealed by 1999 c.197 §61] 621.660[Repealed by 1955 c.81 §1] 621.661[1955 c.714 §3; 1979 c.320 §18; 1999 c.197 §55; renumbered 621.203 in 1999] 621.665[Repealed by 1955 c.81 §1] 621.666[1955 c.714 §4; 1999 c.197 §56; renumbered 621.207 in 1999] 621.670[Repealed by 1955 c.81 §1] 621.675[Repealed by 1955 c.81 §1] 621.680[Repealed by 1955 c.81 §1] 621.685[Repealed by 1953 c.423 §2] 621.690[Repealed by 1955 c.81 §1] 621.695[Repealed by 1955 c.50 §1] 621.700[Repealed by 1955 c.50 §1] 621.705[Repealed by 1955 c.50 §1] 621.710[Repealed by 1955 c.50 §1] 621.715[Repealed by 1955 c.50 §1] 621.720Testing for milk fat content required 621.730Department to provide testing; contracts of purchase not to be terminated; testing fees 621.740Liability for payment of fees 621.750Sampling and testing; payment adjustments; rules 621.754[1965 c.474 §6; repealed by 1999 c.197 §61] 621.755[Repealed by 1953 c.686 §37] 621.760[Repealed by 1953 c.686 §37] 621.765[Repealed by 1953 c.686 §37] 621.770[Repealed by 1953 c.686 §37] 621.775[Repealed by 1953 c.686 §37] 621.785[Repealed by 1953 c.686 §37] 621.790[Repealed by 1953 c.686 §37] 621.990[Amended by 1953 c.684 §12; subsection (4) enacted as 1953 c.686 §31; subsection (9) of 1963 Replacement Part enacted as 1955 c.714 §5; 1965 c.107 §4; subsection (10) enacted as 1965 c.474 §7; subsection (11) enacted as 1969 c.164 §6; subsection (12) enacted as 1969 c.149 §5; repealed by 1999 c.197 §61] 621.991Criminal penalty 621.995Civil penalties; rules; hearing; disposition of moneys

Chapter 621 — Milk; Dairy Products; Substitutes

ORS 621.073 Suspension of grade use privilege

(1)

In addition to the powers conferred on the State Department of Agriculture under

ORS 621.018, 621.060, 621.072, 621.076,

621.083 and 621.226, the department may suspend the privilege of any person to use a grade designation on containers of fluid milk produced or distributed by the person. The power of suspension may be exercised by the department for any violation of ORS 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.117, 621.122 (7), 621.226 or 621.259, standards adopted under ORS 621.060, 621.083 or 621.224 or any department rules.

(2)

A suspension shall not exceed 10 days except that, before lifting the suspension, the department shall ensure that the violation causing the suspension has been corrected.

(3)

The provisions of ORS 183.413 to 183.470 do not apply to suspensions imposed under authority of this section, although appeal shall be in the manner provided by ORS 183.484, 183.486, 183.490 and 183.497. This subsection shall not deprive a person of the right to present any defense to a criminal prosecution instituted for violation of ORS 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.117, 621.122 (7), 621.226 or 621.259, nor shall it deprive a person of the right to a declaratory judgment.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.