OAR 603-028-0920
Schedule of Civil Penalties
(1)
Selling, offering to sell, or exposing for sale meat products, or engaging in any activity described or identified in ORS 603.025 (Licenses required)(4) without first obtaining and maintaining a license from the Department. Penalty — $5,000 to $10,000.(2)
Failure to carry a surety bond meeting the requirements of ORS 603.025 (Licenses required)(3) 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 (Additional definitions for Bank Act). Penalties:(a)
Minor — $2,500 to $5,000;(b)
Moderate — $5,001 to $7,500; or(c)
Major — $7,501 to $10,000.(3)
Failure to display the license required in ORS 603.025 (Licenses required) in a conspicuous manner at the address shown on the license. Penalty — $100.(4)
Buying or selling carcasses of meat animals, meat or meat products capable of use as human food that are not marked, tagged or otherwise identified as inspected meat or meat products as required by ORS Chapter 619 (Labeling and Inspection of Meat and Meat Food Products). Penalties:(a)
Minor — $1,000 to $4,000;(b)
Moderate — $4,001 to $7,000; or(c)
Major — $7,001 to $10,000.(5)
Failure to comply with the custom slaughtering establishment requirements as required in ORS 603.045 (Custom slaughter and processing regulations)(2) – (7) or the provisions of OAR 603-028-0700 (Labeling by Custom Slaughtering Establishments), 603-028-0810 (Conditions of Transportation and Slaughter), or 603-028-0825 (Construction and Equipment). Penalties:(a)
Minor — $500 to $3,500;(b)
Moderate — $3,501 to $6,500; or(c)
Major — $6,501 to $10,000.(6)
The owner or occupier of premises where animals are slaughtered permitting the same to remain unclean, to the extent that it constitutes a health hazard as explained in ORS 603.059 (Unclean slaughterhouses prohibited). Penalties:(a)
Minor — $1,000 to $4,000;(b)
Moderate — $4,001 to $7,000; or(c)
Major — $7,001 to $10,000.(7)
Violation of the slaughter methods prescribed in ORS 603.065 (Slaughter methods)(1)-(2). Penalty — $5,000 to $10,000.(8)
Violation of the sanitation requirements of ORS 619.026 (Meat preparation establishment sanitation requirements). Penalties:(a)
Minor — $1,000 to $4,000;(b)
Moderate — $4,001 to $7,000; or(c)
Major — $7,001 to $10,000.(9)
Interference with lawful inspections by the Department as authorized by ORS 619.036 (Sanitation and record inspections)(1) and (3). Penalty — $5,000 to $10,000.(10)
Interference with the lawful seizure, embargo, or detention of any food commodity, or lawful quarantine any building, equipment, vehicle or facility found upon inspection or test to be in violation of ORS 619.026 (Meat preparation establishment sanitation requirements) to 619.066 (Labeling of meat products to conform to ORS chapters 616 and 618) or of any rule adopted under ORS 619.026 (Meat preparation establishment sanitation requirements) to 619.066 (Labeling of meat products to conform to ORS chapters 616 and 618). Penalty — $5,000 to $10,000.(11)
Unapproved removal of a Department posted notice, or continued use of an establishment or vehicle when condemned by the Department as authorized in ORS 619.041 (Prohibition on use of establishment or vehicle upon determination of insanitary conditions). Penalty — $5,000 to $10,000.(12)
Having in the person’s possession for any reason or purpose unwholesome meat or meat products that are not denatured and properly identified as explained in ORS 619.051 (Prohibited acts)(1). Penalty — $1,000 to $5,000.(13)
Carrying or transporting, by vehicle or otherwise, the carcass or meat of any meat animal destined for sale or distribution as food, that is not thoroughly protected from dust, dirt, flies or other contaminants as explained in ORS 619.051 (Prohibited acts)(2). Penalty — $1,000 to $5,000.(14)
Selling, holding or offering 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 as explained in ORS 619.051 (Prohibited acts)(3). Penalty — $5,000 to $10,000.(15)
Failure to perform trichinae treatments as required in ORS 619.056 (Trichinae treatment required for pork products). Penalties:(a)
$1,000 to $4,000;(b)
$4,001 to $7,000; or(c)
$7,001 to $10,000.(16)
Any person operating a retail meat seller establishment, as defined in ORS Chapter 603 (Meat Sellers and Slaughterers), in conjunction with a custom slaughtering establishment or custom processing establishment failing to 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 Department as explained in ORS 619.061 (Tagging and identification of meat products by person operating retail sales and custom slaughter or processing establishments). Penalty — $500 to $5,000.(17)
Violation of the provisions of ORS 619.355 (Identification required before sale for human consumption), 619.360 (Identification required before transporting for sale for human consumption), 619.365 (Misrepresentation concerning grower, state of origin or fresh condition), or 619.370 (Labeling concerning addition of chemical preservative), relating to fryers. Penalty — $500 to $5,000.(18)
Willful violation of ORS 619.421 (Misrepresentation regarding grower, state of origin or fresh condition), relating to lamb. Penalty — $500 to $5,000.(19)
Violation of OAR 603-028-0300 (Packaging), relating to packaging, labeling, advertising, and display. 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 OAR 603-028-0405 (Additives), relating to additives in raw meat and raw meat products. Penalty — $500 to $5,000.(21)
Violation of OAR 603-028-0500 (Prohibited Acts), relating to prohibited acts. Penalty — $5,000 to $10,000.
Source:
Rule 603-028-0920 — Schedule of Civil Penalties, https://secure.sos.state.or.us/oard/view.action?ruleNumber=603-028-0920.