Oregon Statutes 621.076 – Container labeling; bottling unpasteurized milk; prohibition against milk by or from suspended licensee
(1) A person shall not sell, expose or offer for sale or knowingly transport fluid milk in containers:
Terms Used In Oregon Statutes 621.076
- Container: means milk and cream cans, farm milk tanks, milk tank trucks, milk storage tanks, pasteurizing vats, cheese vats, butter churns, butter tubs, cheese hoops and any other receptacle designed for use or used to hold fluid milk, milk or dairy products. See Oregon Statutes 621.003
- Department: means the State Department of Agriculture. See Oregon Statutes 621.003
- Distributor: means a person who purchases only unpasteurized milk and pasteurizes or otherwise processes that milk, then bottles and distributes the milk for human consumption. See Oregon Statutes 621.003
- Fluid milk: means milk and any other product made by the addition of a substance to milk or to a liquid form of milk product if the milk or other product is produced, processed, distributed, sold or offered or exposed for sale for human consumption. See Oregon Statutes 621.003
- Milk: means the lacteal secretion of cows, sheep and goats. See Oregon Statutes 621.003
- Nonprocessing distributor: means a person who sells fluid milk in consumer-sized units under the person's own brand or trade name after the milk has been processed and packaged by a distributor or producer-distributor. See Oregon Statutes 621.003
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Producer: means a person who engages in the production of unpasteurized milk on a dairy farm and does not bottle the milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption. See Oregon Statutes 621.003
(a) If the fluid milk has been produced or processed in violation of ORS § 621.070.
(b) If the container or container cap is not labeled with the name and address of the producer, distributor, nonprocessing distributor or producer-distributor of the milk and the applicable state grade. However, containers of unpasteurized fluid milk that are shipped by producers to a milk processing plant or a dairy products plant for pasteurization and that are identified by shipper name or number shall not be required to be so labeled.
(2) A person shall not bottle unpasteurized fluid milk except on the premises where it is produced.
(3) A producer or producer-distributor shall not sell or offer for sale fluid milk during the period that the license of the producer or producer-distributor to use a grade designation on fluid milk has been suspended under ORS § 621.072 or 621.073.
(4) A distributor shall not knowingly purchase fluid milk from any person whose license to use a grade designation has been suspended under ORS § 621.072 or 621.073.
(5) A distributor shall not knowingly purchase fluid milk from any person other than a person licensed under ORS § 621.072.
(6) Each container of fluid milk sold or exposed 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 the distributor or producer-distributor. [Formerly 621.115]
[Formerly 621.082; 1999 c.197 § 13; renumbered 621.224 in 1999]