Chapter 937 Oregon Laws 1999

Session Law

AN ACT

SB 1212

Relating to milk products; creating new provisions; and amending ORS 621.089, 621.117 and 621.286.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS chapter 621.

SECTION 2. A person may not sell or distribute for sale unpasteurized milk or fluid milk from cows, or dairy products from unpasteurized milk or fluid milk from cows, other than to a distributor, producer-distributor, dairy products plant licensee or nonprocessing cooperative. This section does not apply to the sale or distribution of cheese otherwise exempt from pasteurization requirements or to sales or distributions by a person described under ORS 621.089.

SECTION 2a. ORS 621.089, as amended by section 17, chapter 197, Oregon Laws 1999 (Enrolled Senate Bill 234), is amended to read:

621.089. The provisions of ORS 621.062, 621.070, 621.072, 621.084, 621.088, 621.115, 621.117 and 621.118 and section 2 of this 1999 Act and standards developed under ORS 621.060, 621.077 or 621.083 do not apply to a person owning not more than three dairy cows that have calved at least once, nine sheep that have lactated at least once or nine goats that have lactated at least once, but such person may sell the fluid milk from those animals for human or other consumption without complying with the provisions of ORS 621.062, 621.070, 621.072, 621.084, 621.115, 621.117 or 621.118 or section 2 of this 1999 Act or standards developed under ORS 621.060, 621.077 or 621.083 only if:

(1) The person does not advertise the milk for sale;

(2) The milk is sold directly to the consumer at the premises where produced; and

(3) No more than two producing dairy cows, nine producing sheep or nine producing goats are located on the premises where the milk is produced.

SECTION 3. ORS 621.117 is amended to read:

621.117. [No] A distributor or producer-distributor shall not sell, offer or expose for sale for human consumption any fluid milk [for human consumption which] from cows that has not been pasteurized or fluid milk from goats that has not been pasteurized or produced by a herd free of known disease, except that when not more than one reactor animal appears when the goat herd is tested for brucellosis, milk may still be sold if the animal is slaughtered and herd retested as provided in ORS chapter 596 and regulations promulgated thereunder and no additional reactors appear. If one or more additional reactors appear in successive tests, no milk may be sold from this herd until the herd regains a brucellosis-free status.

SECTION 4. If Senate Bill 234 becomes law, section 3 of this 1999 Act (amending ORS 621.117) is repealed and ORS 621.117, as amended by section 20, chapter 197, Oregon Laws 1999 (Enrolled Senate Bill 234), is amended to read:

621.117. A distributor, producer-distributor or dairy products plant licensee shall not sell or offer or expose for sale any dairy product or fluid milk for human consumption unless the milk used in the dairy product or fluid milk [was] has been pasteurized or is goat or sheep's milk that was produced by a disease-free herd [or has been pasteurized], except that if not more than one reactor animal appears when the goat or sheep herd is tested for brucellosis, the milk, dairy products or fluid milk may still be sold if the animal is slaughtered and no additional reactor animals appear when the herd is retested, as provided in ORS chapter 596 and regulations promulgated thereunder. If one or more reactor animals appear when the herd is retested, no milk, dairy products or fluid milk from the herd may be sold until the herd regains a brucellosis-free status.

SECTION 5. ORS 621.286 is amended to read:

621.286. (1) [No] 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.

(2) [No] A licensee shall not sell, offer or expose for sale any milk or cream [which has not] unless the milk or cream has been pasteurized or was produced by a disease-free goat herd, except to another licensee for the manufacture of dairy products.

(3) [No] A person shall not knowingly sell, offer or expose for sale any milk or cream [which] that has not been pasteurized or produced by a disease-free goat herd, except to a licensee for the manufacture of dairy products.

(4) [No] A licensee shall not sell, offer or expose for sale any dairy product processed or manufactured by the licensee unless all of the milk or cream constituents from cows have been pasteurized [and produced by a disease-free herd] and all milk or cream constituents from goats have been pasteurized or were produced by a disease-free herd.

(5) [No] A person shall not knowingly sell, offer or expose for sale any dairy product unless all of the milk or cream constituents of [such] the product from cows have been pasteurized [and produced by a disease-free herd] and all milk or cream constituents of the product from goats have been pasteurized or were produced by a disease-free herd.

(6) Excepting cottage cheese, the pasteurization requirement of subsections (4) and (5) of this section shall not apply to cheese [which] that has been aged for at least 60 days from the date of manufacture.[, which] The manufacture date must appear on the cheese or its container.

(7) [No] A person shall not falsely represent by word, design, device[,] or by any other means that any milk, cream or dairy product has been pasteurized.

(8) [No] A licensee shall not fail, neglect or refuse to provide for the grading of all milk and cream transported, received or purchased by the licensee as required by ORS 621.151 to 621.291.

(9) [No] A person shall not alter, remove or tamper with any condemnation tag affixed by the State Department of Agriculture pursuant to the provisions of ORS 621.226.

(10) [No] A 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.

SECTION 6. If Senate Bill 234 becomes law, section 5 of this 1999 Act (amending ORS 621.286) is repealed and ORS 621.286, as amended by section 42, chapter 197, Oregon Laws 1999 (Enrolled Senate Bill 234), is amended to read:

621.286. (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.

(2) A distributor, producer-distributor or dairy products plant licensee shall not sell, offer or expose for sale any milk or cream that [was] has not been pasteurized or produced by a disease-free goat or sheep herd [or has not been pasteurized], 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 621.060, 621.089 and 621.115 and section 2 [of this 1999 Act], chapter 197, Oregon Laws 1999 (Enrolled Senate Bill 234), a person shall not knowingly sell, offer or expose for sale any milk or cream that [was] has not been pasteurized or produced by a disease-free goat or sheep herd [or has not been pasteurized], 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 [were produced by a disease-free herd and] 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 [were produced by a disease-free herd and] 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 621.084, 621.206, 621.216 and 621.226 and regulations adopted under ORS 621.236.

(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 621.226 or 621.661.

(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.

Approved by the Governor August 16, 1999

Filed in the office of Secretary of State August 16, 1999

Effective date October 23, 1999

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