OAR 603-025-0920
Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190 (Rules and regulations), 616.992 (General criminal penalty), 616.994 (Criminal penalty for open date labeling law violations), or 632.990 (Criminal penalties) the Department may impose a civil penalty with respective amounts for:

(1)

Violation of ORS 616.073 (Policy and prohibitions on sulfite use)(3), relating to sulfite use. Penalty — $500 to $5,000.

(2)

The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded as explained in ORS 616.215 (Prohibited acts)(1). Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(3)

The adulteration or misbranding of any food as explained in ORS 616.215 (Prohibited acts)(2). Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(4)

The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise as explained in ORS 616.215 (Prohibited acts)(3). Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(5)

Violation of the labeling requirements of ORS 616.215 (Prohibited acts)(4). Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(6)

The dissemination of any false advertisement as explained in ORS 616.215 (Prohibited acts)(5). Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(7)

Interference with any inspection or investigation performed pursuant to ORS 616.286 (Inspection and investigation powers of department). Penalty — $5,000 to $10,000.

(8)

The giving of a guaranty or undertaking which is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person from whom the person received in good faith the food as explained in ORS 616.215 (Prohibited acts)(7). Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(9)

The removal or disposal of a detained or embargoed article in violation of ORS 616.225 (Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity). Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(10)

The alteration, mutilation, destruction, obliteration or removal of the whole or any part of the label of a food, if done while such article is held for sale and results in such article being misbranded as explained in ORS 616.215 (Prohibited acts)(9). Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(11)

Forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification device authorized or required by rules promulgated under the provisions of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.295 (Reports and information issuable by department) and 616.305 (District attorney to prosecute violations) to 616.315 (Jurisdiction of courts). Penalty — $5,000 to $10,000.

(12)

The use by any person to the person’s own advantage, or disclosure, other than to the Director or the authorized representative of the director or to the courts when relevant in any judicial proceeding under ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules), of any information acquired under the authority of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) concerning any method or process which is a trade secret entitled to protection. Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(13)

Labeling or offering for sale any food fish product designated as halibut, with or without additional descriptive words, unless such food fish product is Hippoglossus hippoglossus or Hippoglossus stenolepsis as explained in ORS 616.217 (Restriction on labeling or selling food fish product as halibut). Penalty — $500 to $5,000.

(14)

Failure of a retail or wholesale food distributor to place a warning label on food containing diethylstilbestrol pursuant to ORS 616.333 (Diethylstilbestrol use in food). Penalty — $500 to $5,000.

(15)

Violation of rules promulgated under ORS 616.700 (Department to enforce sanitation requirements for food and food establishments), relating to sanitation requirements for food and food establishments. Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(16)

Operating a food establishment without obtaining or maintaining a license as required in ORS 616.706 (Licenses). Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(17)

Knowingly misrepresenting the annual gross dollar volume of sales of covered operations by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales records on a fiscal basis, the prior fiscal year for the requirements of ORS 616.706 (Licenses). Penalty — $1,000 to $5,000.

(18)

The unauthorized removal of a notice posted by the department under the authority of ORS 616.740 (Condemnation where insanitary conditions exist). Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(19)

The manufacture, sale or delivery, holding or offering for sale of any food that does not conform to a standard of identity when the Department has adopted a standard of identity food as explained in ORS 616.761 (Standards of identity and quality for olive oil) to 616.775 (Definitions for ORS 616.775 to 616.790). Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(20)

Violation of ORS 616.785 (Sale of unenriched flours, macaroni or noodle products prohibited), relating to unenriched flours, macaroni, and noodle products. Penalty — $500 to $5,000.

(21)

Interference with a lawful inspection under authority of ORS 616.790 (Enforcement of ORS 616.775 to 616.790 by department). Penalty — $5,000 to $10,000.

(22)

Violation of the Open Date Labeling Laws of ORS 616.815 (Open date labeling required for packaged perishable food sold at retail), 616.820 (Label required to be affixed to package not later than time of delivery to retail seller), 616.825 (Sale of perishable food after expiration of pull date prohibited) or 616.830 (Altering labels or using nonconforming labels prohibited) or the rules adopted under ORS 616.835 (Rulemaking authority), relating to open date labeling. Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(23)

Violation of ORS 616.860 (Unit pricing of packaged consumer commodities required), relating to unit pricing. Penalty — $500 to $5,000.

(24)

A retail seller of packaged consumer commodities failing to express unit retail price statements in terms of the price per single whole unit of weight, volume, measure or count as prescribed by administrative rules adopted by the Department under ORS 616.875 (Rules) for particular consumer commodities or groups for consumer commodities. Penalty — $500 to $5,000.
(25) An enforcement officer may enforce the provisions of SB 90 (2019) in the ordinary course of conducting an inspection pursuant to 616.286 (Inspection and investigation powers of department) or 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) or 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment).
(26) A food and beverage provider or a convenience store that provides straws in violation of 603-025-0030 (Retail Food Code), 4-502.13 Single-Service and Single-Use Articles, Use Limitation is subject to a notice for the first and second violation and, for subsequent violations, to a fine of not more than $25 for each day in which the food and beverage provider or convenience store remains in violation of this section. The enforcement officer may not impose total fines of more than $300 during a calendar year to a food and beverage provider or a convenience store violation of this section.

Source: Rule 603-025-0920 — Schedule of Civil Penalties, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-025-0920.

603‑025‑0010
Definitions 603‑025‑0020
General Standards of Food Establishment Construction and Maintenance 603‑025‑0030
Retail Food Code 603‑025‑0080
Foods Subject to Pull Date Labeling 603‑025‑0090
Foods Exempt from Labeling 603‑025‑0100
Form of Labeling 603‑025‑0110
Labeling Placement 603‑025‑0120
Identification After Pull Date Expiration 603‑025‑0130
Label Pull Date Information 603‑025‑0140
Food Storage Warehouses 603‑025‑0150
Food Processing Establishments 603‑025‑0151
Property Tax Exemption for Qualified Machinery and Equipment 603‑025‑0152
Certification Fees 603‑025‑0160
Package Labeling Requirements 603‑025‑0170
Bulk Placard Requirements 603‑025‑0180
Responsibility 603‑025‑0190
Standards of Identity, Additives, Pesticide Tolerances, Food Labeling, Good Manufacturing Practice, Low Acid Canned Foods, and Acidified Foods 603‑025‑0200
Establishments Utilizing Domestic Kitchen Facilities 603‑025‑0215
Purpose 603‑025‑0225
Definitions 603‑025‑0235
Farm Direct Marketer Exemption 603‑025‑0245
Consignment Sales 603‑025‑0255
Prohibitions 603‑025‑0265
Labeling Requirements 603‑025‑0275
Producer-Processed Foods Records 603‑025‑0315
Definitions 603‑025‑0320
License and Inspection Exemption 603‑025‑0325
Labeling 603‑025‑0330
Revocation of Exemption 603‑025‑0410
Requirements for Dungeness Crab 603‑025‑0425
Crab Harvested Outside Oregon in an Area that Would Be a Biotoxin Management Zone, if in Oregon 603‑025‑0500
License Fees and Categories for Food Establishments 603‑025‑0510
New License Payments 603‑025‑0900
Purpose 603‑025‑0910
Definitions 603‑025‑0920
Schedule of Civil Penalties 603‑025‑0930
Penalty factors
Last Updated

Jun. 8, 2021

Rule 603-025-0920’s source at or​.us