Chapter 603 — Meat
Sellers and Slaughterers
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
New sections of law were adopted by the
Legislative Assembly during its 2012 regular session and are likely to be
compiled in this ORS chapter. See
sections in the following 2012 Oregon Laws chapters: 2012
Session Laws 0064
2011 EDITION
MEAT SELLERS AND SLAUGHTERERS
ANIMALS
603.010 Definitions
603.015 Policy
603.025 Licenses
required; application; term; renewal; fee
603.027 Refund
of license fee in specific instances; application; rules
603.031 Additional
users of establishment; fees; rules
603.034 Denial,
suspension or revocation of license; multiple activities; license exemption
603.038 Licensing
exemption for certain poultry processors
603.045 Custom
slaughter and processing regulations
603.055 Equipment
and facilities requirements
603.059 Unclean
slaughterhouses prohibited
603.065 Slaughter
methods
603.075 Brand
inspection service fee
603.085 Rulemaking
authority
603.095 Disposition
of funds received by department
603.200 Payment
by processors to producers; payment by sellers to processors; interest;
definitions
603.992 Penalties
603.995 Civil
penalties; rules; disposition of penalty moneys
603.010 Definitions.
As used in this chapter:
(1)
“Custom processing establishment” means a stationary establishment wherein
slaughtered meat animals or meat, caused to be delivered by the owners thereof,
are prepared for compensation, payment or remuneration of any kind, and are
thereafter returned to the owner thereof or to the order of the owner.
(2)
“Custom slaughtering establishment” means a mobile or stationary establishment
wherein meat animals, caused to be delivered by the owners thereof, are
slaughtered for compensation, payment or remuneration of any kind, and are
thereafter returned to the owner thereof or to the order of the owner.
(3)
“Department” means the State Department of Agriculture.
(4)
“Equipment” means all machinery, fixtures, containers, vessels, tools,
implements and apparatus used in and about an establishment.
(5)
“Establishment” means:
(a)
Any building, vehicle or structure in which meat animals are slaughtered for
consumption or meat products are prepared, sold, offered or held for sale.
(b)
The ground upon which such place or business is operated or used and so much
ground adjacent thereto as is also used in carrying on the business of the
establishment. The department may prescribe such additional area or places
which, although they may not be contiguous or adjacent to the above area or
establishment, may be included therein.
(6)
“Meat animal” means any vertebrate animal, except fish and aquatic mammals, not
otherwise prohibited by law for sale for human consumption.
(7)
“Meat or meat product” means any edible muscle, except any muscle found in the
lips, snout or ears, of meat animals, which is skeletal or found in the tongue,
diaphragm, heart or esophagus, with or without any accompanying and overlying
fat, and any portion of bone, skin, sinew, nerve or blood vessels normally
accompanying the muscle tissue and not separated from it in the process of
dressing or as otherwise prescribed by the department.
(8)
“Meat seller establishment” means an establishment wherein meat products are
sold, offered or held for sale, but which are not prepared other than to be
ground, seasoned, salted, frozen, boned, cut up, wrapped or packed.
(9)
“Nonslaughtering processing establishment” means any building, structure or
vehicle wherein the activities of a slaughterhouse, custom slaughtering
establishment or custom processing establishment or of an animal food
slaughtering establishment or animal food processing establishment under ORS
chapter 619 are not performed, but wherein meat products are prepared.
(10)
“Poultry” means chickens, ducks, geese, turkeys and all other domesticated
fowls or birds.
(11)
“Prepared” means ground, seasoned, canned, cooked, salted, frozen, smoked,
cured, pickled, packed, boned, dried, cut up, wrapped or otherwise manufactured
or processed.
(12)
“Slaughterhouse” means an establishment wherein meat animals are slaughtered.
(13)
“Unwholesome” means all meats or meat products that are diseased, contaminated,
including drug or chemical residue, putrid, unsound, unhealthful or unfit for
food. [Amended by 1953 c.692 §6; 1955 c.724 §1; 1959 c.239 §1; 1961 c.164 §1;
1969 c.565 §1; 1973 c.175 §3; 1975 c.304 §1; 1993 c.162 §1; 1995 c.79 §320;
2003 c.14 §360]
603.015 Policy.
The purpose and intent of ORS 599.205 and this chapter is to protect the
livestock industry of this state against theft of meat animals and, giving
cognition to the Federal Meat Inspection Act as defined in ORS chapter 619, to
provide the State Department of Agriculture with the means to complement the
enforcement of that Act by authorizing the department to take necessary and
proper measures for the protection of the health and welfare of Oregon
consumers. Such measures should include the prevention of sale and distribution
of unwholesome meat and meat products, the exercising of quality controls and
supervision, the establishment of general sanitary and safeguard provisions and
the identification of meat animals and meat products. [1973 c.175 §2; 1981
c.248 §26]
603.020
[Amended by 1955 c.724 §2; 1969 c.565 §2; repealed by 1973 c.175 §15]
603.025 Licenses required; application;
term; renewal; fee. (1) A person may not sell, offer
to sell or expose for sale meat products or engage in any other activity
described or identified in subsection (4) of this section without first
obtaining and maintaining a license therefor from the State Department of
Agriculture. All such licenses shall expire on June 30 next following the date
of issuance or on such date as may be specified by department rule. Renewal
applications must be postmarked before the expiration date to be timely.
(2)
Application for a license required by this section shall be made to the
department on forms prescribed by the department, which shall contain any
information the department deems necessary. The license is personal and
nontransferable, with a separate license required for each establishment
location. A new license is required each time there is a change in ownership,
legal entity or establishment location.
(3)
In addition to other license requirements of this section, if an applicant for
a license under subsection (4)(c) of this section has an average weekly dollar
value of meat animal purchases that exceeds $10,000, the applicant shall submit
with the application a surety bond with one or more corporate sureties
authorized to do business in this state, or an irrevocable letter of credit
issued by an insured institution, as defined in ORS 706.008. The bond or letter
of credit shall be in an amount equal to twice the average daily value of meat
animal purchases during the preceding calendar year, or the amount of $20,000,
whichever amount is greater. The department shall prescribe the form for and
approve the bond or letter of credit, which shall be conditioned upon faithful
performance by the licensee of all obligations to the producers of meat animals
arising from the sale of meat animals by producers to the licensee.
(4)
Each of the following activities shall be licensed, and the fee established by
the department paid with the application therefor:
(a)
Operation of a meat seller establishment. A license under this section allows
only the meat products preparation described in ORS 603.010 (8).
(b)
Operation of a nonslaughtering processing establishment. A license under this
section allows selling meat products at the same location without obtaining the
license described in paragraph (a) of this subsection.
(c)
Operation of a slaughterhouse. A license under this section allows selling meat
products at the same location without obtaining the license described in
paragraph (a) of this subsection.
(d)
Operation of a custom slaughtering establishment or custom processing
establishment. A license under this section does not allow selling meat
products without first obtaining and maintaining the license described in
paragraph (a) of this subsection.
(e)
Operation of a slaughterhouse, custom slaughtering establishment or custom
processing establishment wherein only poultry or rabbits are slaughtered or
prepared. A license under this section allows selling only poultry or rabbit
products at the same location without obtaining the license described in
paragraph (a) of this subsection.
(5)
The license required by this section shall be displayed at all times in a
conspicuous manner at the address shown on the license.
(6)
Except as provided in subsection (7) of this section, the license fees for
establishments under this section are:
(a)
$216 if the establishment’s annual gross dollar volume of sales and services is
not more than $50,000;
(b)
$271 if the establishment’s annual gross dollar volume of sales and services is
more than $50,000 and not more than $500,000;
(c)
$325 if the establishment’s annual gross dollar volume of sales and services is
more than $500,000 and not more than $1 million;
(d)
$487 if the establishment’s annual gross dollar volume of sales and services is
more than $1 million and not more than $5 million;
(e)
$541 if the establishment’s annual gross dollar volume of sales and services is
more than $5 million and not more than $10 million; or
(f)
$704 if the establishment’s annual gross dollar volume of sales and services is
more than $10 million.
(7)
If the establishment sells only prepackaged meats packaged at a facility
inspected by the United States Department of Agriculture, the following license
fee amounts shall apply instead of the fee established in subsection (6)(a) of
this section:
(a)
$108 if the establishment’s annual gross dollar volume of sales and services is
not more than $5,000; or
(b)
$162 if the establishment’s annual gross dollar volume of sales and services is
more than $5,000 and not more than $50,000.
(8)
In establishing the amount of the license fee for an establishment, the State
Department of Agriculture shall use the annual gross dollar volume of sales and
services by that establishment within Oregon during the prior calendar year or,
if the establishment maintains sales and service records on a fiscal basis, the
prior fiscal year. If the establishment applying for an original license or for
a renewal license cannot provide the annual gross dollar volume of sales and
services for a full calendar year, the department shall base the fee on
estimated annual gross sales and services by the establishment. If an
establishment whose previous year’s fee was determined using an estimated gross
sales and services figure applies for renewal of that license, the fee for the
previous license year shall be adjusted to reflect the actual annual gross
dollar volume of sales and services by the establishment. [1973 c.175 §4; 1975
c.703 §1; 1982 s.s.1 c.4 §1; 1991 c.331 §92; 1991 c.632 §1; 1997 c.631 §505;
2005 c.735 §§1,2; 2007 c.768 §§19,20]
603.027 Refund of license fee in specific
instances; application; rules. (1)
Notwithstanding ORS 603.025 (2), whenever any business licensed pursuant to the
requirements of ORS 603.025 (4)(a) is transferred by sale or otherwise, the
person to whom the license was issued may apply to the State Department of
Agriculture for a refund of that portion of the license fee applicable to the
then unexpired portion of the license period. The person to whom the business
is transferred shall not be required to pay a license fee that exceeds the
amount of any refund to which the transferor is entitled pursuant to this
subsection.
(2)
Application for the refund referred to in subsection (1) of this section shall
be made at such time and in such manner as the department by rule may
prescribe. [1975 c.188 §2]
603.030
[Amended by 1953 c.692 §6; 1955 c.712 §20; 1955 c.724 §3; 1957 c.65 §1; 1961 c.425
§11; 1969 c.565 §3; repealed by 1973 c.175 §15]
603.031 Additional users of establishment;
fees; rules. (1) The State Department of
Agriculture may issue licenses under this chapter to one or more additional
users of a custom processing establishment, custom slaughtering establishment,
meat seller establishment, nonslaughtering processing establishment or
slaughterhouse that is licensed primarily for operation by another person. A
license issued to an additional user of an establishment described in this
subsection shall cover all operations at that establishment by the person
licensed. Regardless of the number of persons licensed to use an establishment
described in this subsection, the department may not recognize more than one
person as the primary operator of the establishment.
(2)
The department may assess a license fee to an additional user of an
establishment described in this section, calculated as provided in ORS 603.025.
In calculating license fees under ORS 603.025, the establishment’s annual gross
dollar volume of sales and services for an additional user of the establishment
is independent of the establishment’s annual gross dollar volume of sales for
any other user or the primary operator of the establishment.
(3)
Notwithstanding ORS 603.025, the department may adopt rules to establish the
license expiration, renewal and application dates for additional users of an
establishment.
(4)
The department may adopt rules to determine the responsibilities of an
establishment’s primary operator and additional users of the establishment
under ORS 603.034, 603.045 (6), 603.055 and 603.059 and rules adopted under ORS
603.055 and 603.085.
(5)
A recognized primary operator of an establishment shall notify the department
upon the expiration or termination of the rental or lease of the establishment
by an additional user of the establishment. The renting or leasing of an
establishment to a person licensed by the department as an additional user of
the establishment or the expiration or termination of use by a person licensed
as an additional user of the establishment does not, by itself, constitute the
transfer of a business for purposes of ORS 603.027. [2007 c.645 §2]
603.033 [1955
c.724 §5; 1965 c.483 §7; 1967 c.392 §1; 1969 c.565 §4; repealed by 1973 c.175 §15]
603.034 Denial, suspension or revocation
of license; multiple activities; license exemption.
(1) In accordance with the provisions of ORS chapter 183, the State Department
of Agriculture may suspend, revoke, or refuse to issue a license to any
applicant or licensee whose establishment construction, equipment or sanitation
does not meet the requirements of the State Meat Inspection Act as defined in
ORS chapter 619, or of ORS 599.205 and this chapter, or of the rules
promulgated thereunder.
(2)
Notwithstanding the provisions of ORS chapter 183, upon conviction of a
licensee of any violation of the State Meat Inspection Act, as defined in ORS
chapter 619, or of any provisions of ORS 599.205 and this chapter, or of the
rules promulgated thereunder, or upon determination by the department that a
licensee has failed to maintain the surety bond or letter of credit required by
ORS 603.025 (3), the department is authorized to forthwith suspend or revoke
such license. The department shall, by certified mail addressed to such
licensee at the address shown on the license, render notice that such license
has been revoked or suspended.
(3)
Subject to ORS 603.025, authority to carry on more than one type of activity at
the same establishment shall be approved by the department only if there is
compliance with the laws and rules applicable to each separate activity.
(4)
ORS 599.205 and this chapter shall not require a person to obtain a license to
slaughter on the person’s own premises a meat animal, owned by the person, for
the person’s consumption or for consumption by members of the person’s
household, nonpaying guests or employees. [1973 c.175 §5; 1975 c.703 §2; 1981
c.248 §27; 1991 c.331 §93; 2007 c.645 §3]
603.035 [1953
c.692 §5; repealed by 1955 c.724 §17]
603.038 Licensing exemption for certain
poultry processors. (1) As used in this section, “poultry”
means live or dead chickens, turkeys, ducks, geese, guinea fowl or other
domesticated birds.
(2)
ORS 603.025 and 616.706 do not apply to a person that complies with this
subsection:
(a)
During the calendar year, the person may slaughter not more than 1,000 poultry
for use as human food. The person may slaughter and process only poultry that
have been raised since two weeks of age by the person and that are free from
disease. The person may not slaughter, process or sell poultry or poultry
products except poultry described in this subsection and poultry eggs.
(b)
The person must slaughter the poultry at the business premises of the person in
an establishment that meets the requirements in ORS 619.026 and any State
Department of Agriculture rules adopted under ORS 619.046. The person may not
allow other persons to use the establishment.
(c)
The person must comply with any federal limitations or prohibitions on
introducing the poultry or products produced from the poultry into interstate
commerce.
(d)
A person that claims exemption from ORS 603.025 and 616.706 under this section
must maintain slaughtering, sales, sanitation and other records pertaining to
the poultry as required by the department. The person shall allow the
department to inspect the records and the slaughtering establishment upon
request and as provided under ORS 576.024 and 619.036.
(3)
The exemption described in this section is in addition to any exemption that a
person may claim under ORS 603.034 (4) for the slaughtering and processing of
poultry for personal use. [2011 c.119 §1]
Note:
603.038 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 603 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
603.040
[Amended by 1953 c.692 §6; 1955 c.724 §6; repealed by 1973 c.175 §15]
603.045 Custom slaughter and processing
regulations. A custom slaughtering establishment or
a custom processing establishment shall:
(1)
Not buy or sell carcasses of meat animals, meat or meat products capable of use
as human food unless such are marked, tagged or otherwise identified as
inspected meat or meat products as required by ORS chapter 619.
(2)
Mark, tag or otherwise identify all individually wrapped packages or containers
of meat or meat products slaughtered or prepared for the owner of a meat
animal, at the time and in the manner prescribed by the State Department of
Agriculture, so as to protect the people of this state from the purchase, use
or consumption of uninspected or unwholesome meat or meat products. In addition
to such marking, tagging and identifying as the department may prescribe, each
such package or container shall be marked with the words “Not Inspected” and “Not
For Sale” in letters at least three-eighths inch in size.
(3)
Provide the owner of the meat animal with a certificate, prescribed by the
department, giving the accurate weight of the carcass resulting from the
slaughter of such animal and the weight of the resulting product delivered to
the owner.
(4)
Provide the owner of the meat animal with certificate and tags, prescribed by
the department, establishing ownership of said carcass.
(5)
Record, and deliver to the department as it directs:
(a)
An accurate description of the breed characteristics and the brand or marks of
each animal slaughtered.
(b)
The name and address of the person from whom each such animal was received and
the date thereof.
(c)
The name and address of the person to whom the meat products of each such
animal were delivered upon completion of the slaughter or preparation and the
date thereof.
(6)
Maintain and only utilize an establishment and equipment in accordance with
rules promulgated by the department.
(7)
Prepare and maintain records of all meat animals received by the establishment
for slaughter. Such records shall include:
(a)
The number and kind of poultry or rabbits or, in the case of other meat
animals, an accurate description of the breed characteristics and the brand or
marks of such other meat animal, slaughtered.
(b)
The name and address of the person from whom each such animal was received and
the date thereof.
(c)
The name and address of the person to whom the meat products of each such
animal were delivered upon completion of the slaughter and the date thereof. [1973
c.175 §6; 1977 c.758 §1]
603.050
[Amended by 1955 c.724 §7; repealed by 1973 c.175 §15]
603.055 Equipment and facilities
requirements. Each establishment, other than those
subject to ORS 603.045, shall maintain and only utilize an establishment and
equipment in accordance with rules promulgated by the State Department of
Agriculture. [1973 c.175 §7]
603.059 Unclean slaughterhouses
prohibited. No owner or occupier of premises where
animals are slaughtered shall permit the same to remain unclean, to the extent
that it constitutes a health hazard. [Formerly 433.710]
603.060
[Amended by 1955 c.724 §8; 1959 c.239 §2; 1967 c.396 §2; repealed by 1969 c.565
§48]
603.065 Slaughter methods.
(1) Cattle, equines, sheep or swine shall be slaughtered by a licensee and
handled in connection with slaughter, by any method which:
(a)
Renders each such animal insensible to pain by a single blow or gunshot or by
an electrical, chemical or other means that is rapid and effective, before the
animal is shackled, hoisted, thrown, cast or cut; or
(b)
Is in accordance with the ritual requirements of any religious faith that
prescribes a method of slaughter whereby the animal suffers loss of
consciousness by anemia of the brain caused by the simultaneous and
instantaneous severance of the carotid arteries with a sharp instrument.
(2)
No licensee engaged in the slaughter of animals described in subsection (1) of
this section shall slaughter by any method other than therein described, nor
shall shackle, hoist, or otherwise bring such animals not previously rendered
insensible to pain in accordance with subsection (1) of this section into position
for slaughter by any method which shall cause injury or pain. [1973 c.175 §11]
603.070
[Amended by 1955 c.724 §9; repealed by 1969 c.565 §48]
603.075 Brand inspection service fee.
The State Department of Agriculture may impose on any establishment required by
the laws of this state to have brand inspection the service fee established
under ORS 604.046 (2). Such fee is appropriated as set forth in ORS chapter
604. Notwithstanding ORS 604.046 (2), the department may waive the service fee
under circumstances the department deems appropriate. [1973 c.175 §8; 1975
c.574 §1; 1981 c.248 §19; 2007 c.229 §7]
603.080
[Amended by 1955 c.724 §10; repealed by 1969 c.565 §48]
603.085 Rulemaking authority.
In accordance with the provisions of ORS chapter 183 the State Department of
Agriculture may promulgate rules necessary to carry out and enforce ORS 599.205
and this chapter, including but not limited to:
(1)
The methods of marking or tagging packages required by ORS 603.045 (2).
(2)
The establishment of minimum standards of construction of establishments and
equipment and of maintenance and sanitation of such establishments and
equipment.
(3)
The establishment of the major phases of processing and forms of the
certificates and tags required by ORS 603.045 (3) and (4). [1973 c.175 §9; 1981
c.248 §28]
603.090
[Repealed by 1955 c.724 §17]
603.091 [1959
c.565 §16; 1969 c.565 §5; repealed by 1973 c.175 §15]
603.095 Disposition of funds received by
department. Except as provided in ORS 603.075, all
moneys received by the State Department of Agriculture pursuant to ORS 599.269
and this chapter shall be paid into the Department of Agriculture Service Fund.
Such moneys are continuously appropriated to the department for the purpose of
administering ORS 599.269, ORS chapters 604, 616 and 619 and this chapter and
for the purpose of administering such provisions of ORS chapters 162, 164 and
607 as apply to theft of livestock. [1973 c.175 §10; 1975 c.574 §1a; 1979 c.499
§17; 1981 c.248 §32; 1982 s.s.1 c.4 §2]
603.100
[Repealed by 1955 c.724 §17]
603.101 [1959
c.565 §17; 1969 c.565 §6; repealed by 1973 c.175 §15]
603.110
[Repealed by 1955 c.724 §17]
603.120
[Amended by 1955 c.724 §11; repealed by 1973 c.175 §15]
603.130
[Repealed by 1955 c.724 §17]
603.140
[Amended by 1955 c.724 §12; repealed by 1973 c.175 §15]
603.150
[Amended by 1955 c.724 §13; repealed by 1973 c.175 §15]
603.160
[Repealed by 1973 c.175 §15]
603.170
[Repealed by 1955 c.724 §17]
603.172 [1965
c.483 §6; repealed by 1969 c.565 §48]
603.180
[Repealed by 1973 c.175 §15]
603.190
[Amended by 1955 c.724 §14; repealed by 1973 c.175 §15]
603.200 Payment by processors to
producers; payment by sellers to processors; interest; definitions.
Notwithstanding any other provision of law:
(1)
In the absence of a contract or other agreement providing otherwise, any
processor who purchases meat animals from the producers thereof shall make full
payment therefor not later than the second business day after the day the
processor takes delivery of any such meat animal.
(2)
In the absence of a contract or other agreement providing otherwise, any meat
seller who purchases meat or meat products from the processor thereof shall
make full payment therefor not later than the seventh business day after the
day the meat seller takes delivery of any such meat or meat product.
(3)
Any person who fails to make payment as required by subsections (1) and (2) of
this section shall pay, in addition to the amount due, interest thereon at the
rate of one percent per month.
(4)
As used in this section:
(a)
“Meat animal” has the meaning for that term provided in ORS 603.010.
(b)
“Meat or meat product” has the meaning for that term provided in ORS 603.010.
(c)
“Meat seller” means a person required to obtain a license the fee for which is
prescribed in ORS 603.025 (4)(a).
(d)
“Processor” means a person required to obtain a license the fee for which is
prescribed in ORS 603.025 (4)(b) to (e). [1975 c.703 §10]
Note:
603.200 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 603 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
603.310 [1961
c.407 §§1,2; repealed by 1973 c.175 §15]
603.320 [1961
c.407 §3; repealed by 1973 c.175 §15]
603.990
[Subsection (3) enacted as 1959 c.565 §19; repealed by 1973 c.175 §15]
603.992 Penalties.
(1) Except as provided in subsections (2) and (3) of this section, violation of
this chapter, or rules promulgated thereunder, is a misdemeanor.
(2)
Violation of ORS 603.065 is a Class B misdemeanor.
(3)
Violation of ORS 603.059 is a Class D violation. If the nuisance is not removed
within five days after the first offense, it is considered a second offense,
and every like neglect of each succeeding five days thereafter is considered an
additional offense. [1973 c.175 §12; 1981 c.248 §29; 1982 s.s.1 c.4 §3; 2001
c.104 §237]
603.995 Civil penalties; rules; disposition
of penalty moneys. (1) In addition to any penalty
available under ORS 561.190 or 603.992, the State Department of Agriculture may
impose a civil penalty for a violation of this chapter or of rules adopted
under this chapter. 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, 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 §5]
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