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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 48 ANIMALS
Chapter : Chapter 628 Refrigerated Locker Plants
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As used in ORS
628.210 to 628.370, unless the context requires otherwise:
(1) “Clean,” “healthful” and “sanitary” mean free of flies and
other insects, rodents, dusts, dirt, decomposed material, mold, odors or
any condition which would in any way contaminate the food products stored.
(2) “Department” means the State Department of Agriculture.
(3) “Person” includes any individual, partnership, corporation,
association, cooperative association, county, municipality or other
entity engaging in the business of operating or owning a refrigerated
locker plant or offering the services thereof, as described in
subsections (4) and (5) of this section.
(4) “Refrigerated locker” or “locker” means a separate, individual
compartment in a refrigerated locker plant, wherein food may be placed
and kept in frozen food storage.
(5) “Refrigerated locker plant” or “locker plant” means any place,
premises or establishment in which separate and individual compartments
for the frozen food storage and preservation of food for human
consumption are offered to the public upon a rental or other basis
providing compensation to the person offering such services. No person shall
engage within this state in the business of owning or operating any
refrigerated locker plant or offering the services of such plant without
having obtained from the State Department of Agriculture a license for
each such place of business. The licensee shall at all times maintain the
license conspicuously displayed in the licensed plant. Application for
the license required by ORS 628.220 shall be made to the State Department
of Agriculture in writing containing such information and in such form as
may be prescribed by the department. The license is not transferable and
does not authorize the conduct of any refrigerated locker business at any
address other than that stated in the application. Licenses shall be
issued for the fiscal year commencing on July 1 and ending on June 30
next following. (1) The license fee for a
refrigerated locker plant is $100.
(2) If the license is issued after January 1 but before June 30 of
the same year, the license fee shall be one-half of the fee provided in
subsection (1) of this section.
(3) All fees received by the State Department of Agriculture
pursuant to ORS 628.210 to 628.370 shall be deposited in the Department
of Agriculture Service Fund and are continuously appropriated to the
department for the purpose of administering and enforcing those sections.
[Amended by 1955 c.174 §1; 1979 c.183 §3; 1979 c.499 §26a; 1991 c.632 §7] The State
Department of Agriculture, acting through the Director of Agriculture or
the division chief of the department in charge of the inspection of
refrigerated locker plants, may refuse, revoke or suspend any license
issued pursuant to ORS 628.220 to 628.240 upon finding, after a hearing
had in conformance with ORS chapter 183, that:
(1) The licensee has violated any provision of ORS 628.210 to
628.370 or any other law of Oregon relating to the operation of
refrigerated locker plants or frozen food storage plants or the handling
or sale of any food for human consumption or has violated any rule or
regulation promulgated by the department.
(2) The building, room, basement or cellar occupied by the
refrigerated locker plant is not properly lighted, drained, plumbed,
ventilated and maintained in a clean, healthful and sanitary condition.
(3) The floors, walls or ceilings of the refrigerated locker plant
or the furniture, receptacles, implements or machinery used in the locker
plant are not maintained in a clean, healthful and sanitary condition.
[Amended by 1961 c.425 §15]Two copies of ORS 628.210 to 628.370 and 628.990 (2) shall
be furnished each applicant for a license. One copy shall be posted in a
conspicuous place in the plant operated by the licensee.(1) The Department of Human Services
may, by rule, define certain communicable diseases which may be spread to
the public through the handling of food in refrigerated locker plants.
(2) No person who has a communicable or infectious disease
described in subsection (1) of this section shall be permitted to work in
or about any refrigerated locker plant or to handle any food in
connection with the operation of such plant.
(3) In the discretion of the State Department of Agriculture, an
employee of a locker plant may be required to furnish a certificate of
health from a physician duly accredited by the Department of Human
Services for the purpose of issuing such certificates. If such
certificate is required under municipal ordinance upon examination deemed
adequate by the Department of Human Services, a certificate issued in
compliance with such ordinance is sufficient under this section.
(4) Any health certificate required by this section shall be
revoked by the Department of Human Services at any time that the holder
thereof is found, upon physical examination of such holder, to have any
communicable or infectious disease. Refusal of any person employed in
such locker plant to submit to proper and reasonable physical
examination, upon written demand by the Department of Human Services or
the State Department of Agriculture, is cause for revocation of the
employee’s health certificate and also is sufficient reason for
revocation of the locker plant’s license unless the employee immediately
is removed from any work or operation in or about such locker plant
involving the handling of food. [Amended by 1973 c.829 §56; 1989 c.224
§122]
The State Department of Agriculture shall cause a thorough inspection of
every plant or establishment licensed under ORS 628.220 to 628.240 to be
made periodically, to determine whether or not the premises and equipment
used in connection therewith are constructed, maintained and operated in
accordance with the requirements of ORS 628.210 to 628.370 and with the
rules and regulations of the department thereunder promulgated. Such
locker plants shall be maintained in a clean, healthful and sanitary
condition at all times. (1) Each refrigerated
locker plant wherein food is handled, wrapped or processed shall have
available, and maintain in a clean, healthful and sanitary condition, a
washroom with hot and cold running water.
(2) Each refrigerated room with a temperature below 30 degrees
Fahrenheit, if used by the public or accessible to locker renters, shall
be equipped with safety light or lights burning continuously during all
times when the plant is open and so located as to assure easy exit from
the refrigerated room. Switches for safety lights shall be so located or
installed that the public cannot regulate their “on” and “off” positions.
(3) Each refrigerated room with a temperature below 12 degrees
Fahrenheit, if used by the public or accessible to locker renters, shall
be equipped with a distress signal, plainly marked as such for use by
patrons. The distress signal alarm may be located at a place outside the
locker plant. The refrigerated room shall be accessible to the public
only at such times as an attendant is within hearing distance of the
distress signal alarm. The distress signal when activated shall perform
continuously until arrested by a second operation. The distress signal
shall produce a distinctive sound capable of being heard and
distinguished by an attendant from any other signal. The operator of the
locker room or the employee of the operator shall test the distress
signal on each day on which the public has access to the refrigerated
room.
(4) Subsection (3) of this section does not apply if an operating
extension telephone, plainly marked for use by patrons as a distress
signal, is located inside the refrigerated room at a convenient height
not to exceed four feet above floor level.
(5) All refrigerator doors shall be so constructed as to be opened
from either the inside or outside of any room or compartment to which
they give access, and shall be so maintained as to assure that such doors
will open freely at all times.
(6) All machinery or other devices dangerous to the public shall be
adequately covered and guarded to protect locker room tenants against
injury. [Amended by 1955 c.174 §2] (1) The
refrigeration system of a refrigerated locker plant shall be equipped
with accurate controls for the maintenance of uniform temperatures as
required in this section in the various refrigerated rooms of such plant
and shall be of adequate capacity to provide under extreme conditions of
outside temperatures and under peak load conditions in the normal
operation of such plant, the following temperatures in the following
rooms respectively:
(a) Chill room temperature shall be within four degrees Fahrenheit
plus or minus of 36 degrees above zero Fahrenheit, with a tolerance of 10
degrees Fahrenheit for 24 hours after fresh food is put in such room for
chilling.
(b) In all locker plants operating on July 5, 1947, the locker room
temperature shall not exceed 12 degrees Fahrenheit plus. In all locker
plants, the construction of which is begun after July 5, 1947, the locker
room temperature shall not exceed five degrees Fahrenheit plus.
(2) The temperatures required by subsection (1) of this section
shall not be construed as prohibiting variations therefrom due to
defrosting, power failure or any emergency breakdown.
(3) An accurate direct reading thermometer shall be maintained in
the chill room. An accurate self-registering or self-recording
thermometer shall be maintained in each locker room or in each series of
rooms through which the same air circulates. The discs or other
temperature records made by such instruments shall be signed by the
person in charge of the plant and shall be preserved at such plant for at
least one year from the date of recording. Such temperature-recording
equipment and the recordings thereby made, are subject to inspection and
testing by the State Department of Agriculture to determine their
accuracy. In applying marks directly to meat
or other food products, the operator of a refrigerated locker room shall
use only nontoxic ink or other harmless substance. The operator
or person in charge of a refrigerated locker room shall have the right to
inspect all food or any item before it is placed in any locker. Nothing
shall be stored outside of the lockers in a locker room without being
labeled and wrapped or otherwise properly covered. All fresh carcass
meats on coming into custody or possession of the operator or owner of a
refrigerated locker plant shall be identified with suitable tag or stamp
and shall be placed in the chill room, unless previously chilled, for at
least 24 hours before removal to the cutting room. All fish shall be so handled, placed
and stored as to protect other stored foods and the plant equipment from
fish flavors and fish odors. Fish and wild game shall be stored and
handled only in conformity with fish and game laws of this state and
regulations thereunder promulgated. Owners, operators or persons in
charge of refrigerated locker plants shall not be held responsible or
liable for violations of such laws and regulations by locker tenants. The State Department of Agriculture
may make and enforce reasonable rules and regulations to carry out the
provisions of ORS 628.210 to 628.370.
Persons who own or operate refrigerated locker plants shall not be deemed
to be warehousemen, nor shall receipts or other instruments issued by
such persons in the ordinary conduct of their business be deemed to be
negotiable warehouse receipts.Justice courts shall have concurrent jurisdiction with the
circuit court of all prosecutions arising under ORS 628.210 to 628.370.
The district attorney may institute prosecutions for violations of ORS
628.210 to 628.370 by information, or the prosecutions may be instituted
by indictment or complaint verified before any magistrate.Violation of ORS 628.210 to 628.370 is
punishable, upon conviction, by a fine of not less than $10 nor more than
$1,000 or by imprisonment in the county jail for not more than one year,
or both. [Amended by 1953 c.114 §2]
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