ORS 621.094
Authority of department to take charge of weighing, sampling and testing upon noncompliance
(1)
If a distributor, producer-distributor or dairy products plant licensee fails to comply with any provision of ORS 621.056 (Employment of grader), 621.057 (Record of grade of milk), 621.084 (Weighing, sampling and testing fluid milk), 621.092 (Right of producer to be present at weighing, sampling or testing and to have own tests made), 621.122 (Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers) (7) to (10) or 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk) or regulations adopted under ORS 621.096 (Regulations regarding weighing, sampling and testing), the State Department of Agriculture may revoke the license or, with the written consent of the distributor, producer-distributor or licensee, may perform the weighing, sampling and testing of the milk or cream received or purchased by the distributor, producer-distributor or licensee.(2)
The department shall employ competent personnel of its own choice to perform the weighing, sampling or testing under subsection (1) of this section. The salary and necessary expenses of the personnel shall be paid by the department. The distributor, producer-distributor or licensee shall reimburse the department for the salary and expenses monthly.(3)
The department shall continue to perform the weighing, sampling and testing of the milk or cream received or purchased by the distributor, producer-distributor or dairy products plant licensee until the department is satisfied that the distributor, producer-distributor or licensee is willing and able to comply with all the provisions of ORS 621.056 (Employment of grader), 621.057 (Record of grade of milk), 621.084 (Weighing, sampling and testing fluid milk), 621.092 (Right of producer to be present at weighing, sampling or testing and to have own tests made), 621.122 (Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers) (7) to (10) and 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk) and regulations adopted under ORS 621.096 (Regulations regarding weighing, sampling and testing). When the department is so satisfied, control of the weighing, sampling and testing shall be returned to the distributor, producer-distributor or licensee. [Formerly 621.251]
Source:
Section 621.094 — Authority of department to take charge of weighing, sampling and testing upon noncompliance, https://www.oregonlegislature.gov/bills_laws/ors/ors621.html
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