(1) “Adulterated,” “misbranded” and similar terms or words have the
same meaning and are defined as contained in ORS chapter 616, ORS 632.275
to 632.290, 632.450 to 632.490 and 632.900 to 632.985.
(2) “Animal food slaughtering or processing establishment” means
any establishment as defined in subsection (8) of this section wherein
animals are slaughtered or parts thereof prepared, offered for sale, sold
or used in any manner as animal food.
(3) “Capable of use as human food” means any carcass, part of a
carcass or meat product of any meat animal, which has not been denatured,
or otherwise identified as required by rules prescribed by the
department, to deter its use as human food, or which is naturally
inedible by humans.
(4) “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.
(5) “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.
(6) “Department” means the State Department of Agriculture.
(7) “Equipment” means all machinery, fixtures, containers, vessels,
tools, implements and apparatus used in and about an establishment.
(8) “Establishment” means and includes:
(a) Any building, structure or vehicle 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 of 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.
(9) “Federal Meat Inspection Act” means the Act so entitled
approved March 4, 1907, (34 Stat. 1260), as amended by the Wholesome Meat
Act (81 Stat. 584).
(10) “Food” means any article used for food or drink by humans or
by dogs and cats.
(11) “Label” means a display of written, printed or graphic matter
upon the immediate container, other than package liner, of any article. A
requirement made under authority of ORS 576.024, 619.010 to 619.071,
619.370 and 619.993 that any word, statement or other information appears
on a label has not been obeyed unless such word, statement or other
information also appears on the outside container or wrapper, if any
there be, of the retail package of such article, or unless such word,
statement or information is easily legible through the outside container
or wrapper.
(12) “Labeling” means all labels and other written, printed or
graphic matter upon an article or any of its containers or wrappers, or
accompanying such article.
(13) “Meat animal” means any vertebrate animal, except fish and
aquatic mammals, not otherwise prohibited by law for sale for human
consumption.
(14) “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.
(15) “Meat by-product” means any edible part, other than meat,
derived from one or more meat animals.
(16) “Official mark” means the official inspection legend or any
other symbol prescribed by regulations of the department to identify the
status of any article or animal.
(17) “Person” means any individual, partnership, association,
incorporated or unincorporated business organization.
(18) “Poultry” means chickens, ducks, geese, turkeys, and all other
domesticated fowls or birds.
(19) “Prepared” means ground, seasoned, canned, cooked, salted,
frozen, smoked, cured, pickled, packed, boned, dried, cut up, wrapped or
otherwise manufactured or processed.
(20) “Unwholesome” includes all meat or meat products which are
diseased, contaminated, including drug or chemical residue, putrid,
unsound, unhealthful or unfit for food. [Amended by 1957 c.104 §2; 1959
c.565 §2; 1973 c.174 §4; 1993 c.162 §2; 2001 c.104 §243]ORS 619.010 to 619.026 and 619.036 to 619.066
shall be known as the State Meat Inspection Act. [1973 c.174 §2]The intent and purpose of ORS 576.024, 619.010 to
619.071, 619.370 and 619.993 is to give recognition to the Federal Meat
Inspection Act presently being enforced in this state and at the same
time recognize the responsibility of the State of Oregon to protect the
public health of the citizens of this state. In furtherance of this
responsibility the State Department of Agriculture is authorized to take
all measures necessary and proper in its judgment to complement the
enforcement of the Federal Meat Inspection Act, and to prevent and
prohibit the sale and distribution of unwholesome meat and meat food
products dangerous to the health, safety and welfare of Oregon consumers.
In this respect the department shall exercise general sanitary and
quality control, and establish supervision and safeguards over meat
establishments and meat products under its jurisdiction. [1973 c.174 §3] (1)
Every establishment, including all equipment therein or thereon, shall be
kept in a clean, healthful and sanitary condition.
(2) Unclean, unhealthful and insanitary conditions shall be deemed
to exist if:
(a) All the equipment utilized is not thoroughly cleaned on a daily
basis, or more often as required by the State Department of Agriculture.
(b) Meat and meat products being prepared, packed, stored, sold,
distributed or transported are not securely protected from flies, dust,
dirt and, as far as may be necessary, by all reasonable means from all
other foreign or injurious contamination.
(c) The persons and clothing of all employees or other persons
therein are unclean.
(d) The refuse, dirt and waste products, subject to decomposition
or fermentation generated in the operation of the establishment, are not
removed at least on a daily basis or as otherwise authorized by the
department. [1973 c.174 §5](1) A person may not operate an animal food slaughtering
establishment or processing establishment without first obtaining a
license therefor from the State Department of Agriculture.
(2) Except as provided in subsection (3) of this section, the
license fees for an animal food slaughtering establishment or processing
establishment 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.
(3) The department shall increase the license fee amounts described
in subsection (2) 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 fee amounts
shall occur on July 1, 2006.
(4) In establishing the amount of the license fee for an applicant,
the department shall use the annual gross dollar volume of sales and
services by that 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. If the applicant 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
applicant. If an applicant 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 gross dollar volume of sales and services by the
applicant. The license shall expire on June 30 next following the date of
issuance.
(5) The provisions of ORS 603.025 (2) and (5), 603.034 (1) and (2),
603.045 (7) and 603.075 shall apply to animal food slaughtering
establishments or processing establishments. Except as provided in this
subsection, the remainder of the provisions of ORS chapter 603 do not
apply to such establishments.
(6) Notwithstanding subsection (1) of this section, a person
licensed by the department under ORS chapter 603 to slaughter meat
animals and subject to federal meat inspection, or a person licensed by
the department under ORS chapter 603 to slaughter only poultry and
rabbits and subject to federal poultry inspection, or a person licensed
by the department under ORS chapter 603 as a nonslaughtering processor
may, without being required to obtain an additional license, also sell or
dispose of meat products as animal food provided that such licensees also
comply with the provisions of subsection (7) of this section, ORS 619.010
to 619.026 and 619.036 to 619.066.
(7) In accordance with the provisions of ORS chapter 183, the
department may promulgate rules necessary to carry out and enforce any
procedures or measures to protect the health of the animals that are fed
or intended to be fed the meat products sold or disposed of by animal
food slaughtering establishments or processing establishments, and to
protect the health of other animals in this state. In addition to the
provisions of ORS 619.046, for the purposes of this section the
department shall take into consideration:
(a) The provisions of ORS chapter 596.
(b) The procedures necessary to ensure that meat products that are
only fit for or destined for animal consumption are not sold for human
consumption.
(8) A person licensed as provided by this section:
(a) May not sell, hold or offer for sale any carcass of a meat
animal or part thereof that is unfit for or unwholesome as animal food.
(b) May not sell, hold or offer for sale a carcass of a meat animal
or part thereof for human consumption.
(c) Shall keep complete and accurate records of the meat animals
purchased for slaughter, including but not limited to their description,
brands if any, date of purchase and the name and address of the person
from whom the animals were purchased.
(d) Shall keep complete and accurate records of the sale of all
meat animal carcasses or parts thereof, including the name and address of
the purchaser.
(e) Shall comply with the provisions of ORS 619.026. [1973 c.174
§13; 1975 c.304 §19; 1982 s.s.1 c.4 §6; 1985 c.353 §3; 1991 c.632 §3;
2005 c.735 §5]Note: The amendments to 619.031 by section 6, 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.
619.031. (1) A person may not operate an animal food slaughtering
establishment or processing establishment without first obtaining a
license therefor from the State Department of Agriculture.
(2) The license fees for an animal food slaughtering establishment
or processing establishment 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.
(3) In establishing the amount of the license fee for an applicant,
the department shall use the annual gross dollar volume of sales and
services by that 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. If the applicant 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
applicant. If an applicant 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 gross dollar volume of sales and services by the
applicant. The license shall expire on June 30 next following the date of
issuance.
(4) The provisions of ORS 603.025 (2) and (5), 603.034 (1) and (2),
603.045 (7) and 603.075 shall apply to animal food slaughtering
establishments or processing establishments. Except as provided in this
subsection, the remainder of the provisions of ORS chapter 603 do not
apply to such establishments.
(5) Notwithstanding subsection (1) of this section, a person
licensed by the department under ORS chapter 603 to slaughter meat
animals and subject to federal meat inspection, or a person licensed by
the department under ORS chapter 603 to slaughter only poultry and
rabbits and subject to federal poultry inspection, or a person licensed
by the department under ORS chapter 603 as a nonslaughtering processor
may, without being required to obtain an additional license, also sell or
dispose of meat products as animal food provided that such licensees also
comply with the provisions of subsection (6) of this section, ORS 619.010
to 619.026 and 619.036 to 619.066.
(6) In accordance with the provisions of ORS chapter 183, the
department may promulgate rules necessary to carry out and enforce any
procedures or measures to protect the health of the animals that are fed
or intended to be fed the meat products sold or disposed of by animal
food slaughtering establishments or processing establishments, and to
protect the health of other animals in this state. In addition to the
provisions of ORS 619.046, for the purposes of this section the
department shall take into consideration:
(a) The provisions of ORS chapter 596.
(b) The procedures necessary to ensure that meat products that are
only fit for or destined for animal consumption are not sold for human
consumption.
(7) A person licensed as provided by this section:
(a) May not sell, hold or offer for sale any carcass of a meat
animal or part thereof that is unfit for or unwholesome as animal food.
(b) May not sell, hold or offer for sale a carcass of a meat animal
or part thereof for human consumption.
(c) Shall keep complete and accurate records of the meat animals
purchased for slaughter, including but not limited to their description,
brands if any, date of purchase and the name and address of the person
from whom the animals were purchased.
(d) Shall keep complete and accurate records of the sale of all
meat animal carcasses or parts thereof, including the name and address of
the purchaser.
(e) Shall comply with the provisions of ORS 619.026.The State Department of Agriculture is authorized:
(1) To inspect at reasonable times the equipment, meat and meat
products and premises of establishments, meat seller establishments,
grocery stores, or other places of business, for the purpose of enforcing
minimum sanitary requirements, wholesomeness of meat and meat products
and other provisions of ORS 576.024, 619.010 to 619.071, 619.370 and
619.993 or rules adopted under ORS 576.024, 619.010 to 619.071, 619.370
and 619.993.
(2) To seize, embargo or detain any food commodity, or quarantine
any building, equipment, vehicle or facility found upon inspection or
test to be in violation of ORS 619.026 to 619.066 or of any rule adopted
under ORS 619.026 to 619.066.
(3) To inspect at reasonable times the records required to be kept
by ORS 619.031 (8). [1973 c.174 §12; 2005 c.735 §7]Note: The amendments to 619.036 by section 8, 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.619.036. The State Department of Agriculture is authorized:
(1) To inspect at reasonable times the equipment, meat and meat
products and premises of establishments, meat seller establishments,
grocery stores, or other places of business, for the purpose of enforcing
minimum sanitary requirements, wholesomeness of meat and meat products
and other provisions of ORS 576.024, 619.010 to 619.071, 619.370 and
619.993 or rules adopted under ORS 576.024, 619.010 to 619.071, 619.370
and 619.993.
(2) To seize, embargo or detain any food commodity, or quarantine
any building, equipment, vehicle or facility found upon inspection or
test to be in violation of ORS 619.026 to 619.066 or of any rule adopted
under ORS 619.026 to 619.066.
(3) To inspect at reasonable times the records required to be kept
by ORS 619.031 (7).(1) Whenever the State Department of Agriculture determines
that any part of an establishment where meat products destined for sale
or distribution are prepared, packed, stored, sold or distributed for
consumption outside such premises, or any vehicle used in the
transportation of such products is kept in an unclean, unhealthy or
insanitary condition, the department shall:
(a) Notify the owner or person in charge that such establishment or
vehicle shall not be used for its intended purpose until it is put in a
sanitary condition by making the changes ordered in the notice; and
(b) Post a notice upon such establishment or vehicle to the effect
that it is condemned for further use on account of the unclean,
unhealthful or insanitary condition.
(2) The notice shall not be removed without prior approval of the
department. A continued use of such establishment or vehicle without
making the changes ordered, or an unauthorized removal of the notice, is
a violation of this section. [1973 c.174 §8] (1) In accordance with the provisions of ORS
chapter 183, the State Department of Agriculture may promulgate rules
necessary to carry out and enforce the provisions of ORS 576.024, 619.010
to 619.071, 619.370 and 619.993, including but not limited to:
(a) The establishment of conditions under which carcasses, meat and
meat products of meat animals shall be stored or otherwise handled by any
person engaged in buying, selling, freezing, storing, or transporting
such articles, so as to assure that such articles will not be adulterated
or misbranded when delivered to the consumer.
(b) The establishment of requirements for any person engaged in
buying, selling or transporting dead, dying, disabled, or diseased meat
animals, or parts thereof, to assure that such animals, or the
unwholesome meat or meat products thereof, will be prevented from being
used for human food.
(c) The establishment of minimum standards of quality and
wholesomeness, and definitions and standards of identity for meat
products. The definitions and standards so promulgated shall conform so
far as practicable to the definitions and standards promulgated by
authority of the United States and shall not be inconsistent with the
definitions and standards promulgated by such federal authority under the
Federal Meat Inspection Act. Such standards of quality and wholesomeness,
and definitions and standards of identity shall be applicable to any
establishment, retail meat market, grocery store or other place where
meat products are prepared, sold, held or offered for sale.
(2) In promulgating such rules the department may consider:
(a) Meat inspection programs and standards of other states and of
the United States;
(b) Economic, health and welfare consequences to this state which
might result from the production, preparation, handling, sale or
consumption of unwholesome meat or meat products;
(c) Necessary procedures required to prohibit the sale or
consumption of unwholesome meat or meat products; and
(d) Minimum standards of refrigeration necessary to protect meat or
meat products from spoilage, contamination and disease. [1973 c.174 §9;
1987 c.158 §120b] No person shall:
(1) Have in the person’s possession for any reason or purpose
unwholesome meat or meat products that are not denatured and properly
identified;
(2) Carry or transport, by vehicle or otherwise, the carcass or
meat of any meat animal destined for sale or distribution as food, unless
it is thoroughly protected from dust, dirt, flies or other contaminants;
(3) Sell, hold or offer for sale any meat product if such meat
product is from a meat animal not slaughtered under the auspices of the
meat and poultry inspection program of the United States Department of
Agriculture if federal regulations have been established for the
inspection of the meat animal; or
(4) Engage in an activity requiring a license under the provisions
of ORS chapter 603 without first procuring such license from the State
Department of Agriculture and maintaining it as prescribed in ORS chapter
603. [1973 c.174 §6; 1995 c.26 §1; 2003 c.14 §371] No food
consisting wholly or in part of pork muscle tissue, such as bologna style
sausage, Vienna style sausage, frankfurt style sausage, summer sausage,
all other similar sausages or pork products, or prepared products
containing pork muscle tissue, except a fresh product consisting wholly
of pork muscle tissue, shall be kept, offered or exposed for sale as food
for human consumption, unless the pork muscle tissue entering into the
products has been subjected to any method of treatment of pork or pork
products which will destroy trichinae. [1973 c.174 §7]Any person operating a retail meat seller establishment, as defined in
ORS chapter 603, in conjunction with a custom slaughtering establishment
or custom processing establishment shall mark, tag or identify all
individually wrapped packages or containers of meat or meat products
slaughtered, wrapped, prepared or handled for the owner of a meat animal,
at the time and in the manner deemed necessary by the State Department of
Agriculture to protect the people of this state from the purchase or
consumption of uninspected meat products. [1973 c.174 §10]The labeling requirements for meat or meat products shall be
those prescribed in ORS chapter 616 and the labeling requirements as to
weight or measure of meat or meat products shall be those prescribed in
ORS chapter 618. [1973 c.174 §11; 1975 c.304 §18] All moneys
received by the department pursuant to ORS 619.010 to 619.071 shall be
paid into the Department of Agriculture Service Fund. Such moneys are
continuously appropriated to the department for the purpose of
administering ORS 619.010 to 619.071. [1973 c.174 §15; 1979 c.499 §22]GAME MEAT INSPECTION(1) Game meat donated to charitable organizations shall be
inspected by the State Department of Agriculture to determine fitness for
human consumption as provided in ORS 603.045 and 619.031 or shall be
inspected and determined fit for human consumption by employees of the
State Department of Fish and Wildlife or the Department of State Police
who have been trained by the State Department of Agriculture in the
procedures provided in ORS 603.045 and 619.031, and shall be processed by
an establishment approved by the State Department of Agriculture as
provided in ORS 619.026 and 619.031 and may be served for human
consumption by charitable organizations.
(2) As used in subsection (1) of this section:
(a) “Charitable organization” means the Department of Human
Services, Oregon Youth Authority, Department of Corrections institutions,
low-income nutritional centers, public school nutritional centers, senior
nutritional centers, state hospitals and other charitable organizations
or public institutions approved by the State Department of Fish and
Wildlife.
(b) “Game meat” includes antelope, bighorn sheep, deer, elk, moose
and mountain goat. [1983 c.575 §2; 1987 c.320 §239; 1997 c.249 §187; 2001
c.900 §209] No civil or
criminal sanctions shall be imposed upon State Department of Agriculture
employees, State Department of Fish and Wildlife employees or Department
of State Police employees for the good faith inspection of game meat as
provided in ORS 619.095. [1983 c.575 §5]PROCESSING AND SALE OF MEAT AND BY-PRODUCTS OF DOMESTICATED ELKNote: Sections 2 and 4, chapter 783, Oregon Laws 2001, provide:
Sec. 2. The slaughter of domesticated elk raised pursuant to a
license issued by the State Fish and Wildlife Commission under ORS
497.228 and the processing and sale of meat and by-products from those
domesticated elk are legal. The slaughter and processing must be
conducted in an official exotic animal establishment inspected and
certified for wholesomeness by the United States Department of
Agriculture or a successor agency. To the extent consistent with federal
regulations governing official exotic animal establishments, the State
Department of Agriculture, in consultation with the State Department of
Fish and Wildlife, shall adopt all rules necessary and proper for the
State Department of Agriculture to regulate the processing and sale of
domesticated elk meat and domesticated elk by-products described in this
section. [2001 c.783 §2]
Sec. 4. Section 2 of this 2001 Act is repealed January 2, 2008. The
repeal of section 2 of this 2001 Act does not affect the ability of the
State Department of Agriculture to levy a civil penalty for a violation
occurring prior to January 2, 2008, of a rule described under section 3
IDENTIFICATION OF FRYERS As used in ORS
619.350 to 619.380, unless the context requires otherwise:
(1) “Commission” means the Oregon Fryer Commission.
(2) “Fryer” means a chicken of any breed or variety, slaughtered
under the age of six months, produced for sale for human consumption as a
fryer, broiler or fryer-roaster, or the cut-up parts of such a chicken.
[1959 c.385 §1; 1997 c.462 §1](1) All fryers and fryer parts that are exposed or offered for
sale for human consumption in this state and that have been grown in
Oregon must be conspicuously identified to the consumer or purchaser as
fryers or fryer parts that are Oregon-grown.
(2) The provisions of subsection (1) of this section do not apply
to fryers that are exposed or offered for sale to ultimate consumers at
the farm or ranch where the fryers were produced, if no fryers produced
elsewhere are exposed or offered for sale to ultimate consumers at the
farm or ranch. [1959 c.385 §§2,3; 1997 c.462 §2]Except as provided in ORS 619.375, and except for a
common carrier, no person shall transport any fryer for purposes of sale
for human consumption unless the fryer is identified as required by ORS
619.355 (1) and 619.370. [1959 c.385 §7; 1997 c.462 §4]No person, by means of any representation, either
verbal, printed or written, shall willfully represent or pretend that
fryers or parts thereof:
(1) Were grown by any person, or in any state, other than by the
person and in the state where the fryers were in fact grown; or
(2) Are fresh, if at any time after slaughter, they have ever been
frozen. [1959 c.385 §4; 1967 c.301 §1; 1997 c.462 §3] (1)
No person shall sell or display, expose, offer or possess for sale for
human consumption, a fryer to which a chemical preservative has been
added, unless it is conspicuously labeled in legible letters or figures
of not less than one-sixteenth of an inch in height with the words
“preservatives added: (here insert a list of the preservatives, by their
common or technical names).”
(2) “Chemical preservative,” as used in this section, means any
substance, including but not limited to antibiotics, which when added to
fryers tends to prevent or retard deterioration of the fryer, but does
not include common salt, sugars, vinegars, spices or oils extracted from
spices, or substances added to food by direct exposure to wood smoke.
(3) Subsections (1) and (2) of this section do not apply to a fryer
or immediate container which bears a label provided under section 81.120
of the United States Department of Agriculture Regulations issued
pursuant to the Poultry Products Inspection Act (71 Stat. 441), as
amended by the Wholesome Poultry Products Act of August 18, 1969, (82
Stat. 971; U.S.C. 451) et seq. [1959 c.385 §5; 1973 c.174 §14]The provisions of ORS 619.350 to 619.380 do not apply to fryers
being transported from the grower’s residence or place of business to a
warehouse for storage, or to any place for inspection, grading, packing
or processing. [1959 c.385 §6] In addition to other penalties and
enforcement provisions contained in ORS 619.350 to 619.380, circuit
courts hereby are authorized, upon petition of the Oregon Fryer
Commission, to enjoin by temporary or permanent injunction any violation
of the provisions of ORS 619.350 to 619.380. [1959 c.385 §8]LABELING OF LAMB As used in ORS
619.411 to 619.426:
(1) “Commission” means the Oregon Sheep Commission.
(2) “Lamb” means animals defined as lamb by the United States
Department of Agriculture grading standards.
(3) “Immediate container” means the box, carton, bag or wrapper or
other receptacle used by any person in transporting lamb, or in which
lamb is offered for sale. “Immediate container” does not include package
liners.
(4) “Label” means the information required by ORS 619.411 to
619.426 to be placed on the lamb or on the immediate container by means
of a stamp, stencil or printing by machine or by attaching to the
immediate container, by means of glue or paste, a machine-printed label.
[1989 c.616 §2] (1) Lamb, or the immediate
container in which it is enclosed, which is produced and processed in
Oregon and is offered for sale for human consumption, may be
conspicuously labeled with a label not less than one inch in height and
one and one-half inches in width in legible letters or figures of not
less than three-sixteenths of an inch in height, with the words “Grown in
Oregon.” If the immediate container is made of transparent material, the
label may be placed inside the material if it is affixed so that it is
easily readable by a consumer or purchaser. If the lamb is not enclosed
in an immediate container, the label shall be placed on a tag securely
fastened to the lamb.
(2) Lamb that is produced in Oregon and processed out-of-state may
carry the “Grown in Oregon” label if the producer, processor and retailer
voluntarily develop a system of tracking and are able to prove that lamb
sold for human consumption carrying the “Grown in Oregon” label was
produced in Oregon.
(3) Lamb that is not produced in Oregon may not carry the name
Oregon, in any form, anywhere on the lamb or its immediate container.
[1989 c.616 §3]No person, by means of any representation, either
verbal, printed or written, or by improper use of labels, shall willfully
represent or pretend that lamb:
(1) Was grown by any person, or in any state or country other than
by the person and in the state or country where the lamb was in fact
grown.
(2) Is fresh, if, at anytime after slaughter, it has ever been
frozen. [1989 c.616 §4] Circuit courts hereby are authorized,
upon petition of the Oregon Sheep Commission, to enjoin by temporary or
permanent injunction any violations of the provisions of ORS 619.411 to
619.426. [1989 c.616 §5]PENALTIES Violation of
any of the provisions of ORS 576.024, 619.010 to 619.071 and 619.370, or
rules promulgated thereunder, is a misdemeanor. [1973 c.174 §16; 1975
c.304 §8]
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