ORS 621.078
Additional users of milk processing plant

  • fees
  • rules

(1)

The State Department of Agriculture may issue a distributor or producer-distributor license under ORS 621.072 (Issuance of license to use grade designation) to one or more additional users of a milk processing plant that is primarily operated by another distributor or producer-distributor. A license issued to an additional user for activities at the milk processing plant may differ in activity type from the license issued to the primary operator of the plant. The physical facilities of the milk processing plant must conform to the requirements for all activity types for which the primary operator and the additional users of the plant are licensed. Regardless of the number of persons licensed to use a milk processing plant, the department may not recognize more than one distributor or producer-distributor as the primary operator of the plant.

(2)

The department may assess a distributor or producer-distributor license fee to an additional user of a milk processing plant, calculated as provided in rules adopted under ORS 621.072 (Issuance of license to use grade designation). In calculating license fees as provided under ORS 621.072 (Issuance of license to use grade designation), the annual gross dollar volume of sales and services for an additional user of a milk processing plant is independent of the annual gross dollar volume of sales and services for any other user or the primary operator of the plant.

(3)

Notwithstanding ORS 621.072 (Issuance of license to use grade designation), the department may adopt rules to establish the license expiration, renewal and application dates for distributors or producer-distributors that are additional users of a milk processing plant.

(4)

The department may adopt rules to determine the responsibilities of a milk processing plant’s primary operator and additional users of the milk processing plant under standards prescribed by ORS 621.176 (Standards of construction for plants and facilities) and 621.181 (Standards of sanitation for operation of plants and facilities) and under ORS 621.183 (Prohibition against operating plant or facility that does not meet standards).

(5)

A recognized primary operator of a milk processing plant shall notify the department upon the expiration or termination of the rental or lease of the plant by an additional user of the plant. [2007 c.645 §7; 2012 c.64 §23; 2015 c.203 §23]

Source: Section 621.078 — Additional users of milk processing plant; fees; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html.

621.003
Definitions
621.010
Restraining violations
621.012
Exception for small-scale on-farm sales
621.015
Disposition of license fees
621.018
Entry and use of fluid milk produced outside state
621.056
Employment of grader
621.057
Record of grade of milk
621.058
Milk, fluid milk and dairy product grades, standards, safety and marketability
621.059
Definitions and standards of identity for cheese
621.060
Establishing standards of quality and identity for fluid milk
621.062
Deviation from standard of identity prohibited
621.070
License required to use grade designation
621.072
Issuance of license to use grade designation
621.073
Suspension of grade use privilege
621.076
Container labeling
621.078
Additional users of milk processing plant
621.083
Procedures and equipment for graders
621.084
Weighing, sampling and testing fluid milk
621.088
Sale or possession of milk or cream to which water has been added
621.092
Right of producer to be present at weighing, sampling or testing and to have own tests made
621.093
Liability of licensee for inaccurate weighing, sampling, testing or recording
621.094
Authority of department to take charge of weighing, sampling and testing upon noncompliance
621.096
Regulations regarding weighing, sampling and testing
621.116
Prohibition against retail sale of unpasteurized milk from cows
621.117
Distributor or producer-distributor may sell only milk that is pasteurized or from disease-free goats or sheep
621.122
Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers
621.124
Milk not to be sold if from diseased animals or from animals that have not been tested or retested for brucellosis
621.161
Operation of dairy products plant without license prohibited
621.166
Application for dairy products plant license
621.169
Additional users of dairy products plant
621.171
Issuance of license
621.176
Standards of construction for plants and facilities
621.181
Standards of sanitation for operation of plants and facilities
621.183
Prohibition against operating plant or facility that does not meet standards
621.193
Standards for farm bulk storage facilities
621.198
Prohibition against use or dealing with user of nonstandard bulk storage facilities
621.203
Condemnation of unfit container and its contents
621.207
Prohibition against unauthorized removal of condemnation tag or marking or use of container or its contents
621.224
Bacterial standards
621.226
Condemnation of unlawful milk, cream, dairy product or fluid milk
621.259
Pasteurization equipment
621.261
Regulations regarding equipment used in pasteurization process
621.266
Pasteurizer operator license
621.276
Licensees to show knowledge of and ability to comply with changes in laws or regulations
621.281
Suspension or revocation of licenses issued under ORS 621.266
621.297
Certification of milk and dairy product testing laboratories
621.300
Use of Ring Test or Whey Test for brucellosis
621.311
Definitions and standards of identity for frozen desserts
621.320
Labeling requirements for frozen desserts
621.335
Licenses to make and sell frozen desserts at wholesale
621.340
Selling frozen dessert with excessive bacteria count prohibited
621.345
Sale or offering for sale of nonconforming product prohibited
621.368
Revocation of licenses
621.369
Possession of frozen dessert or frozen dessert mix as prima facie evidence of intent to sell
621.405
Definitions and standards for condensed or evaporated milk
621.410
Requisites of milk used in manufacture of condensed or evaporated milk
621.418
Standards for imitation milk products
621.435
Substitute or imitation dairy products
621.445
Restrictions on serving colored butter substitute in public eating place
621.720
Testing for milk fat content required
621.730
Department to provide testing
621.740
Liability for payment of fees
621.750
Sampling and testing
621.991
Criminal penalty
621.995
Civil penalties
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