ORS 621.995
Civil penalties

  • rules
  • hearing
  • disposition of moneys

(1)

In addition to any penalty available under ORS 561.190 (Rules and regulations) or 621.991 (Criminal penalty), the State Department of Agriculture may impose a civil penalty for a violation of ORS 621.056 (Employment of grader), 621.057 (Record of grade of 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), 621.076 (Container labeling), 621.084 (Weighing, sampling and testing fluid milk), 621.088 (Sale or possession of milk or cream to which water has been added), 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), 621.183 (Prohibition against operating plant or facility that does not meet standards), 621.198 (Prohibition against use or dealing with user of nonstandard bulk storage facilities), 621.207 (Prohibition against unauthorized removal of condemnation tag or marking or use of container or its contents), 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk), 621.259 (Pasteurization equipment), 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), 621.418 (Standards for imitation milk products), 621.445 (Restrictions on serving colored butter substitute in public eating place) or 621.730 (Department to provide testing) or of rules, regulations or standards adopted under ORS 621.060 (Establishing standards of quality and identity for fluid milk), 621.083 (Procedures and equipment for graders), 621.096 (Regulations regarding weighing, sampling and testing), 621.224 (Bacterial standards) or 621.261 (Regulations regarding equipment used in pasteurization process). For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.

(2)

The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.

(3)

When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745 (Civil penalty procedures), except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.

(4)

Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 §16]

Source: Section 621.995 — Civil penalties; rules; hearing; disposition of moneys, 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
Green check means up to date. Up to date

Current through early 2024

§ 621.995’s source at oregon​.gov