As used in this chapter:
(1) “Custom processing establishment” means a stationary
establishment wherein slaughtered meat animals or meat, caused to be
delivered by the owners thereof, are prepared for compensation, payment
or remuneration of any kind, and are thereafter returned to the owner
thereof or to the order of the owner.
(2) “Custom slaughtering establishment” means a mobile or
stationary establishment wherein meat animals, caused to be delivered by
the owners thereof, are slaughtered for compensation, payment or
remuneration of any kind, and are thereafter returned to the owner
thereof or to the order of the owner.
(3) “Department” means the State Department of Agriculture.
(4) “Equipment” means all machinery, fixtures, containers, vessels,
tools, implements and apparatus used in and about an establishment.
(5) “Establishment” means:
(a) Any building, vehicle or structure in which meat animals are
slaughtered for consumption or meat products are prepared, sold, offered
or held for sale.
(b) The ground upon which such place or business is operated or
used and so much ground adjacent thereto as is also used in carrying on
the business of the establishment. The department may prescribe such
additional area or places which, although they may not be contiguous or
adjacent to the above area or establishment, may be included therein.
(6) “Meat animal” means any vertebrate animal, except fish and
aquatic mammals, not otherwise prohibited by law for sale for human
consumption.
(7) “Meat or meat product” means any edible muscle, except any
muscle found in the lips, snout or ears, of meat animals, which is
skeletal or found in the tongue, diaphragm, heart or esophagus, with or
without any accompanying and overlying fat, and any portion of bone,
skin, sinew, nerve or blood vessels normally accompanying the muscle
tissue and not separated from it in the process of dressing or as
otherwise prescribed by the department.
(8) “Meat seller establishment” means an establishment wherein meat
products are sold, offered or held for sale, but which are not prepared
other than to be ground, seasoned, salted, frozen, boned, cut up, wrapped
or packed.
(9) “Nonslaughtering processing establishment” means any building,
structure or vehicle
wherein the activities of a slaughterhouse, custom slaughtering
establishment or custom processing establishment or of an animal food
slaughtering establishment or animal food processing establishment under
ORS chapter 619 are not performed, but wherein meat products are prepared.
(10) “Poultry” means chickens, ducks, geese, turkeys and all other
domesticated fowls or birds.
(11) “Prepared” means ground, seasoned, canned, cooked, salted,
frozen, smoked, cured, pickled, packed, boned, dried, cut up, wrapped or
otherwise manufactured or processed.
(12) “Slaughterhouse” means an establishment wherein meat animals
are slaughtered.
(13) “Unwholesome” means all meats or meat products that are
diseased, contaminated, including drug or chemical residue, putrid,
unsound, unhealthful or unfit for food. [Amended by 1953 c.692 §6; 1955
c.724 §1; 1959 c.239 §1; 1961 c.164 §1; 1969 c.565 §1; 1973 c.175 §3;
1975 c.304 §1; 1993 c.162 §1; 1995 c.79 §320; 2003 c.14 §360]The purpose and intent of ORS 599.205 and this
chapter is to protect the livestock industry of this state against theft
of meat animals and, giving cognition to the Federal Meat Inspection Act
as defined in ORS chapter 619, to provide the State Department of
Agriculture with the means to complement the enforcement of that Act by
authorizing the department to take necessary and proper measures for the
protection of the health and welfare of Oregon consumers. Such measures
should include the prevention of sale and distribution of unwholesome
meat and meat products, the exercising of quality controls and
supervision, the establishment of general sanitary and safeguard
provisions and the identification of meat animals and meat products.
[1973 c.175 §2; 1981 c.248 §26] (1) A
person may not sell, offer to sell or expose for sale meat products or
engage in any other activity described or identified in subsection (4) of
this section without first obtaining and maintaining a license therefor
from the State Department of Agriculture. All such licenses shall expire
on June 30 next following the date of issuance. Renewal applications must
be postmarked prior to June 30 to be a timely application.
(2) Application for a license required by this section shall be
made to the department on forms prescribed by the department, which shall
contain any information the department deems necessary. The license is
personal and nontransferable, with a separate license required for each
establishment location. A new license is required each time there is a
change in ownership, legal entity or establishment location.
(3) In addition to other license requirements of this section, if
an applicant for a license under subsection (4)(c) of this section has an
average weekly dollar value of meat animal purchases that exceeds
$10,000, the applicant shall submit with the application a surety bond
with one or more corporate sureties authorized to do business in this
state, or an irrevocable letter of credit issued by an insured
institution, as defined in ORS 706.008. The bond or letter of credit
shall be in an amount equal to twice the average daily value of meat
animal purchases during the preceding calendar year, or the amount of
$20,000, whichever amount is greater. The department shall prescribe the
form for and approve the bond or letter of credit, which shall be
conditioned upon faithful performance by the licensee of all obligations
to the producers of meat animals arising from the sale of meat animals by
producers to the licensee.
(4) Each of the following activities shall be licensed, and the fee
established by the department paid with the application therefor:
(a) Operation of a meat seller establishment. A license under this
section allows only the meat products preparation described in ORS
603.010 (8).
(b) Operation of a nonslaughtering processing establishment. A
license under this section allows selling meat products at the same
location without obtaining the license described in paragraph (a) of this
subsection.
(c) Operation of a slaughterhouse. A license under this section
allows selling meat products at the same location without obtaining the
license described in paragraph (a) of this subsection.
(d) Operation of a custom slaughtering establishment or custom
processing establishment. A license under this section does not allow
selling meat products without first obtaining and maintaining the license
described in paragraph (a) of this subsection.
(e) Operation of a slaughterhouse, custom slaughtering
establishment or custom processing establishment wherein only poultry or
rabbits are slaughtered or prepared. A license under this section allows
selling only poultry or rabbit products at the same location without
obtaining the license described in paragraph (a) of this subsection.
(5) The license required by this section shall be displayed at all
times in a conspicuous manner at the address shown on the license.
(6) Except as provided in subsections (7) and (8) of this section,
the license fees for establishments under this section are:
(a) $200 if the establishment’s annual gross dollar volume of sales
and services is not more than $50,000;
(b) $250 if the establishment’s annual gross dollar volume of sales
and services is more than $50,000 and not more than $500,000;
(c) $300 if the establishment’s annual gross dollar volume of sales
and services is more than $500,000 and not more than $1 million;
(d) $450 if the establishment’s annual gross dollar volume of sales
and services is more than $1 million and not more than $5 million;
(e) $500 if the establishment’s annual gross dollar volume of sales
and services is more than $5 million and not more than $10 million; or
(f) $650 if the establishment’s annual gross dollar volume of sales
and services is more than $10 million.
(7) If the establishment sells only prepackaged meats packaged at a
facility inspected by the United States Department of Agriculture, except
as provided in subsection (8) of this section, the following license fee
amounts shall apply instead of the fee established in subsection (6)(a)
of this section:
(a) $100 if the establishment’s annual gross dollar volume of sales
and services is not more than $5,000; or
(b) $150 if the establishment’s annual gross dollar volume of sales
and services is more than $5,000 and not more than $50,000.
(8) The State Department of Agriculture shall increase the license
fee amounts described in subsections (6) and (7) of this section by two
percent annually, rounded to the nearest whole dollar amount for
assessment and collection purposes. The department shall determine each
annual increase using the unrounded figure from the preceding year. The
first increase in the fees shall occur on July 1, 2006.
(9) In establishing the amount of the license fee for an
establishment, the State Department of Agriculture shall use the annual
gross dollar volume of sales and services by that establishment within
Oregon during the prior calendar year or, if the establishment maintains
sales and service records on a fiscal basis, the prior fiscal year. If
the establishment applying for an original license or for a renewal
license cannot provide the annual gross dollar volume of sales and
services for a full calendar year, the department shall base the fee on
estimated annual gross sales and services by the establishment. If an
establishment whose previous year’s fee was determined using an estimated
gross sales and services figure applies for renewal of that license, the
fee for the previous license year shall be adjusted to reflect the actual
annual gross dollar volume of sales and services by the establishment.
[1973 c.175 §4; 1975 c.703 §1; 1982 s.s.1 c.4 §1; 1991 c.331 §92; 1991
c.632 §1; 1997 c.631 §505; 2005 c.735 §1]Note: The amendments to 603.025 by section 2, chapter 735, Oregon
Laws 2005, become operative January 2, 2010. See section 17, chapter 735,
Oregon Laws 2005. The text that is operative on and after January 2,
2010, is set forth for the user’s convenience.
603.025. (1) A person may not sell, offer to sell or expose for
sale meat products or engage in any other activity described or
identified in subsection (4) of this section without first obtaining and
maintaining a license therefor from the State Department of Agriculture.',
'All such licenses shall expire on June 30 next following the date of
issuance. Renewal applications must be postmarked prior to June 30 to be
a timely application.
(2) Application for a license required by this section shall be
made to the department on forms prescribed by the department, which shall
contain any information the department deems necessary. The license is
personal and nontransferable, with a separate license required for each
establishment location. A new license is required each time there is a
change in ownership, legal entity or establishment location.
(3) In addition to other license requirements of this section, if
an applicant for a license under subsection (4)(c) of this section has an
average weekly dollar value of meat animal purchases that exceeds
$10,000, the applicant shall submit with the application a surety bond
with one or more corporate sureties authorized to do business in this
state, or an irrevocable letter of credit issued by an insured
institution, as defined in ORS 706.008. The bond or letter of credit
shall be in an amount equal to twice the average daily value of meat
animal purchases during the preceding calendar year, or the amount of
$20,000, whichever amount is greater. The department shall prescribe the
form for and approve the bond or letter of credit, which shall be
conditioned upon faithful performance by the licensee of all obligations
to the producers of meat animals arising from the sale of meat animals by
producers to the licensee.
(4) Each of the following activities shall be licensed, and the fee
established by the department paid with the application therefor:
(a) Operation of a meat seller establishment. A license under this
section allows only the meat products preparation described in ORS
603.010 (8).
(b) Operation of a nonslaughtering processing establishment. A
license under this section allows selling meat products at the same
location without obtaining the license described in paragraph (a) of this
subsection.
(c) Operation of a slaughterhouse. A license under this section
allows selling meat products at the same location without obtaining the
license described in paragraph (a) of this subsection.
(d) Operation of a custom slaughtering establishment or custom
processing establishment. A license under this section does not allow
selling meat products without first obtaining and maintaining the license
described in paragraph (a) of this subsection.
(e) Operation of a slaughterhouse, custom slaughtering
establishment or custom processing establishment wherein only poultry or
rabbits are slaughtered or prepared. A license under this section allows
selling only poultry or rabbit products at the same location without
obtaining the license described in paragraph (a) of this subsection.
(5) The license required by this section shall be displayed at all
times in a conspicuous manner at the address shown on the license.
(6) Except as provided in subsection (7) of this section, the
license fees for establishments under this section are:
(a) $216 if the establishment’s annual gross dollar volume of sales
and services is not more than $50,000;
(b) $271 if the establishment’s annual gross dollar volume of sales
and services is more than $50,000 and not more than $500,000;
(c) $325 if the establishment’s annual gross dollar volume of sales
and services is more than $500,000 and not more than $1 million;
(d) $487 if the establishment’s annual gross dollar volume of sales
and services is more than $1 million and not more than $5 million;
(e) $541 if the establishment’s annual gross dollar volume of sales
and services is more than $5 million and not more than $10 million; or
(f) $704 if the establishment’s annual gross dollar volume of sales
and services is more than $10 million.
(7) If the establishment sells only prepackaged meats packaged at a
facility inspected by the United States Department of Agriculture, the
following license fee amounts shall apply instead of the fee established
in subsection (6)(a) of this section:
(a) $108 if the establishment’s annual gross dollar volume of sales
and services is not more than $5,000; or
(b) $162 if the establishment’s annual gross dollar volume of sales
and services is more than $5,000 and not more than $50,000.
(8) In establishing the amount of the license fee for an
establishment, the State Department of Agriculture shall use the annual
gross dollar volume of sales and services by that establishment within
Oregon during the prior calendar year or, if the establishment maintains
sales and service records on a fiscal basis, the prior fiscal year. If
the establishment applying for an original license or for a renewal
license cannot provide the annual gross dollar volume of sales and
services for a full calendar year, the department shall base the fee on
estimated annual gross sales and services by the establishment. If an
establishment whose previous year’s fee was determined using an estimated
gross sales and services figure applies for renewal of that license, the
fee for the previous license year shall be adjusted to reflect the actual
annual gross dollar volume of sales and services by the establishment.(1) Notwithstanding ORS 603.025 (2), whenever any business
licensed pursuant to the requirements of ORS 603.025 (4)(a) is
transferred by sale or otherwise, the person to whom the license was
issued may apply to the State Department of Agriculture for a refund of
that portion of the license fee applicable to the then unexpired portion
of the license period. The person to whom the business is transferred
shall not be required to pay a license fee that exceeds the amount of any
refund to which the transferor is entitled pursuant to this subsection.
(2) Application for the refund referred to in subsection (1) of
this section shall be made at such time and in such manner as the
department by rule may prescribe. [1975 c.188 §2](1) In accordance with the
provisions of ORS chapter 183, the State Department of Agriculture may
suspend, revoke, or refuse to issue a license to any applicant or
licensee whose establishment construction, equipment or sanitation does
not meet the requirements of the State Meat Inspection Act as defined in
ORS chapter 619, or of ORS 599.205 and this chapter, or of the rules
promulgated thereunder.
(2) Notwithstanding the provisions of ORS chapter 183, upon
conviction of a licensee of any violation of the State Meat Inspection
Act, as defined in ORS chapter 619, or of any provisions of ORS 599.205
and this chapter, or of the rules promulgated thereunder, or upon
determination by the department that a licensee has failed to maintain
the surety bond or letter of credit required by ORS 603.025 (3), the
department is authorized to forthwith suspend or revoke such license. The
department shall, by certified mail addressed to such licensee at the
address shown on the license, render notice that such license has been
revoked or suspended.
(3) Subject to ORS 603.025, authority to carry on more than one
type of activity at the same establishment shall only be approved by the
department if there is compliance by the licensee with the laws and rules
applicable to each separate activity.
(4) ORS 599.205 and this chapter shall not require a person to
obtain a license to slaughter on the person’s own premises a meat animal,
owned by the person, for the person’s consumption or for consumption by
members of the person’s household, nonpaying guests or employees. [1973
c.175 §5; 1975 c.703 §2; 1981 c.248 §27; 1991 c.331 §93] A custom
slaughtering establishment or a custom processing establishment shall:
(1) Not buy or sell carcasses of meat animals, meat or meat
products capable of use as human food unless such are marked, tagged or
otherwise identified as inspected meat or meat products as required by
ORS chapter 619.
(2) Mark, tag or otherwise identify all individually wrapped
packages or containers of meat or meat products slaughtered or prepared
for the owner of a meat animal, at the time and in the manner prescribed
by the State Department of Agriculture, so as to protect the people of
this state from the purchase, use or consumption of uninspected or
unwholesome meat or meat products. In addition to such marking, tagging
and identifying as the department may prescribe, each such package or
container shall be marked with the words “Not Inspected” and “Not For
Sale” in letters at least three-eighths inch in size.
(3) Provide the owner of the meat animal with a certificate,
prescribed by the department, giving the accurate weight of the carcass
resulting from the slaughter of such animal and the weight of the
resulting product delivered to the owner.
(4) Provide the owner of the meat animal with certificate and tags,
prescribed by the department, establishing ownership of said carcass.
(5) Record, and deliver to the department as it directs:
(a) An accurate description of the breed characteristics and the
brand or marks of each animal slaughtered.
(b) The name and address of the person from whom each such animal
was received and the date thereof.
(c) The name and address of the person to whom the meat products of
each such animal were delivered upon completion of the slaughter or
preparation and the date thereof.
(6) Maintain and only utilize an establishment and equipment in
accordance with rules promulgated by the department.
(7) Prepare and maintain records of all meat animals received by
the establishment for slaughter. Such records shall include:
(a) The number and kind of poultry or rabbits or, in the case of
other meat animals, an accurate description of the breed characteristics
and the brand or marks of such other meat animal, slaughtered.
(b) The name and address of the person from whom each such animal
was received and the date thereof.
(c) The name and address of the person to whom the meat products of
each such animal were delivered upon completion of the slaughter and the
date thereof. [1973 c.175 §6; 1977 c.758 §1] Each establishment,
other than those subject to ORS 603.045, shall maintain and only utilize
an establishment and equipment in accordance with rules promulgated by
the State Department of Agriculture. [1973 c.175 §7] No owner or occupier of
premises where animals are slaughtered shall permit the same to remain
unclean, to the extent that it constitutes a health hazard. [Formerly
433.710] (1) Cattle, equines, sheep or swine
shall be slaughtered by a licensee and handled in connection with
slaughter, by any method which:
(a) Renders each such animal insensible to pain by a single blow or
gunshot or by an electrical, chemical or other means that is rapid and
effective, before the animal is shackled, hoisted, thrown, cast or cut; or
(b) Is in accordance with the ritual requirements of any religious
faith that prescribes a method of slaughter whereby the animal suffers
loss of consciousness by anemia of the brain caused by the simultaneous
and instantaneous severance of the carotid arteries with a sharp
instrument.
(2) No licensee engaged in the slaughter of animals described in
subsection (1) of this section shall slaughter by any method other than
therein described, nor shall shackle, hoist, or otherwise bring such
animals not previously rendered insensible to pain in accordance with
subsection (1) of this section into position for slaughter by any method
which shall cause injury or pain. [1973 c.175 §11] Any establishment required
by the laws of this state to have brand inspection shall after the first
service call during a calendar week pay to the State Department of
Agriculture for such subsequent services the fees established under ORS
604.066 (2), which shall not be less than the fees equivalent to the
inspection of five head of livestock per service call. Such fees are
appropriated as set forth in ORS chapter 604. For the purposes of this
section a calendar week is defined as the period commencing at 12:01 a.m.
on Sunday and ending at 12 midnight Saturday. [1973 c.175 §8; 1975 c.574
§1; 1981 c.248 §19] In accordance with the provisions of
ORS chapter 183 the State Department of Agriculture may promulgate rules
necessary to carry out and enforce ORS 599.205 and this chapter,
including but not limited to:
(1) The methods of marking or tagging packages required by ORS
603.045 (2).
(2) The establishment of minimum standards of construction of
establishments and equipment and of maintenance and sanitation of such
establishments and equipment.
(3) The establishment of the major phases of processing and forms
of the certificates and tags required by ORS 603.045 (3) and (4). [1973
c.175 §9; 1981 c.248 §28] Except as
provided in ORS 603.075, all moneys received by the State Department of
Agriculture pursuant to ORS 599.269 and this chapter shall be paid into
the Department of Agriculture Service Fund. Such moneys are continuously
appropriated to the department for the purpose of administering ORS
599.269, ORS chapters 604, 616 and 619 and this chapter and for the
purpose of administering such provisions of ORS chapters 162, 164 and 607
as apply to theft of livestock. [1973 c.175 §10; 1975 c.574 §1a; 1979
c.499 §17; 1981 c.248 §32; 1982 s.s.1 c.4 §2]Notwithstanding any other provision of
law:
(1) In the absence of a contract or other agreement providing
otherwise, any processor who purchases meat animals from the producers
thereof shall make full payment therefor not later than the second
business day after the day the processor takes delivery of any such meat
animal.
(2) In the absence of a contract or other agreement providing
otherwise, any meat seller who purchases meat or meat products from the
processor thereof shall make full payment therefor not later than the
seventh business day after the day the meat seller takes delivery of any
such meat or meat product.
(3) Any person who fails to make payment as required by subsections
(1) and (2) of this section shall pay, in addition to the amount due,
interest thereon at the rate of one percent per month.
(4) As used in this section:
(a) “Meat animal” has the meaning for that term provided in ORS
603.010.
(b) “Meat or meat product” has the meaning for that term provided
in ORS 603.010.
(c) “Meat seller” means a person required to obtain a license the
fee for which is prescribed in ORS 603.025 (4)(a).
(d) “Processor” means a person required to obtain a license the fee
for which is prescribed in ORS 603.025 (4)(b) to (e). [1975 c.703 §10]Note: 603.200 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 603 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) Except as provided in subsections (2) and
(3) of this section, violation of this chapter, or rules promulgated
thereunder, is a misdemeanor.
(2) Violation of ORS 603.065 is a Class B misdemeanor.
(3) Violation of ORS 603.059 is a Class D violation. If the
nuisance is not removed within five days after the first offense, it is
considered a second offense, and every like neglect of each succeeding
five days thereafter is considered an additional offense. [1973 c.175
§12; 1981 c.248 §29; 1982 s.s.1 c.4 §3; 2001 c.104 §237]
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