70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3180
Senate Bill 1212
Sponsored by Senator GEORGE (at the request of Oregon Dairy
Farmers Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Restricts sale of unpasteurized milk, fluid milk or dairy
products.
A BILL FOR AN ACT
Relating to milk products; creating new provisions; and amending
ORS 621.055, 621.060, 621.100, 621.115, 621.117 and 621.286.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A person may not sell or distribute for
sale unpasteurized milk, fluid milk or dairy products other than
to a distributor, producer-distributor, dairy products plant
licensee or nonprocessing cooperative.
(2) As used in this section:
(a) 'Dairy products' and 'dairy products plant' have the
meanings given those terms in ORS 621.152.
(b) 'Distributor,' 'fluid milk,' 'milk, ' ' nonprocessing
distributor,' 'producer' and ' producer-distributor' have the
meanings given those terms in ORS 621.055.
(c) 'Nonprocessing cooperative' means any corporation,
association or person serving as a marketing agent for producers.
(d) 'Person' includes, but is not limited to, a distributor,
non-processing distributor, producer, producer-distributor,
retail seller of milk, fluid milk or dairy products or a person
described under ORS 621.089. + }
SECTION 2. ORS 621.055 is amended to read:
621.055. As used in ORS 621.055 to 621.124, unless the context
requires otherwise:
(1) 'Distributor' means a person purchasing, only,
unpasteurized fluid milk and causing it to be processed,
including pasteurization, and bottled for distribution and sale
for human consumption.
(2) 'Fluid milk' includes milk and any other product made by
the addition of any substance to milk or to any milk product
which is produced, processed, distributed, sold, offered for sale
or exposed for sale for human consumption in liquid form and
shall include sterilized fluid milk products and the fluid milk
products for which a standard of identity has been established by
the State Department of Agriculture.
(3) 'Milk' means the lacteal secretion of cows and goats.
(4) 'Nonprocessing distributor' means a person who sells fluid
milk in consumer sized units under the person's own brand or
trade name, which fluid milk has been processed and packaged for
such person by a distributor or producer-distributor.
(5) 'Person' means and includes any individual, partnership,
association or corporation and agents.
(6) 'Producer' means a person engaged in the production on a
dairy farm of unpasteurized fluid milk, but who does not bottle
fluid milk for distribution and sale for human consumption.
(7) 'Producer-distributor' means a person producing
unpasteurized fluid milk on a dairy farm { + and
pasteurizing + } and bottling such milk { - , either pasteurized
or unpasteurized, - } on the premises where produced for
distribution and sale for human consumption; but a
producer-distributor may purchase unpasteurized milk from a
producer and distribute such milk after pasteurization.
SECTION 3. ORS 621.060 is amended to read:
621.060. (1) Official state standards of quality shall be
established by the State Department of Agriculture for fluid
milk, sterilized { - , - } { + or + } pasteurized { + , + }
{ - and unpasteurized, - } in the manner prescribed by ORS
632.900 to 632.935.
(2) The standards of quality established shall be based upon:
(a) The health of the cows and goats;
(b) The physical facilities of dairies and milk processing
plants;
(c) The standard of sanitary maintenance of dairies and milk
processing plants including equipment used therein, the
cleanliness of operating personnel, and the cleanliness of
adjacent land areas;
(d) The physical facilities for the transportation of fluid
milk, and the methods and standards of sanitary maintenance of
such facilities;
(e) The quality of the fluid milk as shown by an examination by
means suitable to the determination of its quality, and also, the
factors affecting the nutritional value of fluid milk as a human
food; and
(f) Any other factor found by the department, upon hearing, to
affect the quality, odor, flavor or wholesomeness of fluid milk.
(3) Definitions and standards of identity for fluid milk and
sterilized milk may be established by the department.
SECTION 4. ORS 621.100 is amended to read:
621.100. (1) Subject to subsections (2) to (5) of this section,
the fluid milk of any producer operating under and complying with
the system of fluid milk regulation authorized by ORS 621.055 to
621.120 may be transported or sold any place in this state
irrespective of the fact that such transportation or sale may be
in an area operating under a system of inspection other than that
under which it was produced.
(2) A city having an approved system of fluid milk inspection
may inspect, on a permanent basis, the dairy farm of any producer
or any fluid milk produced thereon for the purpose of approving
fluid milk for use within the corporate limits of the city.
(3) Whenever an individual producer is supplying fluid milk to
two or more cities each having an approved system of inspection,
the State Department of Agriculture shall make a determination,
after conferring with authorized representatives of both cities,
which city shall carry on the inspection of the producer's dairy
farm and milk produced thereon, and in addition thereto shall
make provision for the interchange of information between the
affected cities relating to the inspection.
(4) Whenever fluid milk from several producers is pooled and
commingled prior to movement for processing and bottling by
distributors operating under different inspection systems, the
department, after conferring with all inspection agencies
concerned, shall assign definite areas within which each affected
inspection agency may carry on inspection if it wishes to do so,
otherwise the department shall carry on inspection of all dairy
farms and fluid milk of producers furnishing milk to the pool.
(5) Any city having an approved system of fluid milk regulation
{ - may - } { + shall + } prohibit the sale within the
corporate limit of such city of unpasteurized fluid milk except
for the purpose of further processing, including pasteurization.
(6) In the event of an emergency creating a milk shortage in
any area, the department may also permit the transportation and
sale in such area of fluid milk prepared and processed by
producer-distributors or by distributors without restriction and
irrespective of the fact that such transportation or sale may be
in an area operating under a system of inspection other than that
under which the fluid milk was processed and bottled.
(7) Nothing in this section shall be construed to affect the
provisions of ORS chapter 583 (1953 Edition).
SECTION 5. ORS 621.115 is amended to read:
621.115. (1) No person shall sell, expose for sale, offer for
sale or knowingly transport fluid milk in containers:
(a) Which has been produced and processed by a person who has
not first obtained a license to use a state grade designation on
fluid milk produced or processed by the person.
(b) Which is not labeled on the container or container cap with
the name and address of the producer, distributor, nonprocessing
distributor or producer-distributor of the milk and the
applicable state grade; except that containers of unpasteurized
fluid milk shipped by producers to a milk plant for
pasteurization and which are identified by shipper name or number
shall not be required to be so labeled.
{ - (2) No person shall bottle unpasteurized fluid milk
except on the premises where it is produced. - }
{ - (3) - } { + (2) + } No producer or a
producer-distributor shall sell or offer for sale fluid milk
during the period while such producer's or producer-distributor's
license to use a grade designation on fluid milk has been
suspended under ORS 621.120.
{ - (4) - } { + (3) + } No distributor shall knowingly
purchase fluid milk from any person whose license to use a grade
designation has been suspended under ORS 621.120.
{ - (5) - } { + (4) + } No distributor shall knowingly
purchase fluid milk from any person who has not received a
license under ORS 621.072.
{ - (6) - } { + (5) + } Each container of fluid milk sold,
exposed for sale, or offered for sale, by a nonprocessing
distributor shall be labeled on the container or on the container
cap with either the name and address of the distributor or
producer-distributor processing and bottling the fluid milk or
with a code number, assigned by the State Department of
Agriculture, identifying such distributor or
producer-distributor.
SECTION 6. ORS 621.117 is amended to read:
621.117. No distributor or producer-distributor shall sell,
offer or expose for sale any fluid milk for human consumption
which 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 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 7. ORS 621.286 is amended to read:
621.286. (1) No person shall 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 licensee shall sell, offer or expose for sale any
milk or cream which has not been pasteurized or produced by a
disease-free herd, except to another licensee for the manufacture
of dairy products. - }
{ - (3) No person shall knowingly sell, offer or expose for
sale any milk or cream which has not been pasteurized or produced
by a disease-free herd, except to a licensee for the manufacture
of dairy products. - }
{ - (4) - } { + (2) + } No licensee shall sell, offer or
expose for sale any dairy product processed or manufactured by
the licensee unless all of the milk or cream constituents have
been pasteurized and produced by a disease-free herd.
{ - (5) - } { + (3) + } No person shall knowingly sell,
offer or expose for sale any dairy product unless all of the milk
or cream constituents of such product have been pasteurized and
produced by a disease-free herd.
{ - (6) - } { + (4) + } Excepting cottage cheese, the
pasteurization
{ - requirement - } { + requirements + } of { + section 1 of
this 1999 Act and + } subsections { - (4) - } { + (2) + } and
{ - (5) - } { + (3) + } of this section shall not apply to
cheese which has been aged for at least 60 days from the date of
manufacture, which date must appear on the cheese or its
container.
{ - (7) - } { + (5) + } No person shall falsely represent
by word, design, device, or by any other means that any milk,
cream or dairy product has been pasteurized.
{ - (8) - } { + (6) + } No licensee shall 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) - } { + (7) + } No person shall alter, remove or
tamper with any condemnation tag affixed by the State Department
of Agriculture pursuant to the provisions of ORS 621.226.
{ - (10) - } { + (8) + } No licensee or grader shall:
(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.
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