Milk

ORS 621.122
Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers

  • prohibited acts of licensees
  • pasteurization exemption

(1)

A person shall not operate or permit the operation of any pasteurization equipment except under the direct personal supervision of a person licensed as a pasteurizer operator under ORS 621.266 (Pasteurizer operator license).

(2)

A distributor, producer-distributor or dairy products plant licensee shall not sell, offer or expose for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, except to another distributor, producer-distributor or dairy products plant licensee for the manufacture of milk, fluid milk or dairy products.

(3)

Except as permitted by ORS 621.003 (Definitions), 621.012 (Exception for small-scale on-farm sales), 621.060 (Establishing standards of quality and identity for fluid milk) and 621.076 (Container labeling), a person shall not knowingly sell, offer or expose for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, except to a distributor, producer-distributor or dairy products plant licensee for the manufacture of milk, fluid milk or dairy products.

(4)

A distributor, producer-distributor or dairy products plant licensee shall not sell, offer or expose for sale any milk, fluid milk or dairy product processed or manufactured by the distributor, producer-distributor or licensee unless all of the milk or cream constituents from cows have been pasteurized and all milk or cream constituents from goats or sheep were produced by a disease-free herd or have been pasteurized.

(5)

A person shall not knowingly sell, offer or expose for sale any dairy product unless all of the milk or cream constituents of the product from cows have been pasteurized and all constituents from goats or sheep were produced by a disease-free herd or have been pasteurized.

(6)

Excepting cottage cheese and any cheese required to be pasteurized by rule of the State Department of Agriculture, the pasteurization requirement of subsections (4) and (5) of this section shall not apply to cheese that has been aged for at least 60 days from the date of manufacture. The manufacture date must appear on the cheese or its container.

(7)

A person shall not falsely represent by word, design, device or by any other means that any milk, cream, fluid milk, dairy product, frozen dessert mix or frozen dessert has been pasteurized.

(8)

A distributor, producer-distributor or dairy products plant licensee must provide for the grading of all milk transported, received or purchased by the distributor, producer-distributor or licensee as required by ORS 621.056 (Employment of grader), 621.057 (Record of grade of milk), 621.084 (Weighing, sampling and testing fluid milk) 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).

(9)

A person shall not alter, remove or tamper with any condemnation tag affixed by the State Department of Agriculture or a grader pursuant to the provisions of ORS 621.203 (Condemnation of unfit container and its contents) or 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk).

(10)

A distributor, producer-distributor or dairy products plant licensee or grader shall not:

(a)

Negligently sample, weigh or test any milk or cream.

(b)

Fraudulently manipulate any weight, sample or test of milk or cream.

(c)

Make a false entry or record of the weight, or test of milk or cream on any statement, record or invoice. [Formerly 621.286]
Source

Last accessed
Mar. 11, 2023

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