Oregon Statutes 621.122 – Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers; prohibited acts of licensees; pasteurization exemption
(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.
Terms Used In Oregon Statutes 621.122
- 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
- Cream: means that portion of milk consisting of milk fat. See Oregon Statutes 621.003
- Department: means the State Department of Agriculture. See Oregon Statutes 621.003
- Disease-free herd: means a herd of cows, sheep or goats that is not an infected herd. 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
- Frozen dessert: means a food product that is defined and standardized by rule under ORS § 621. See Oregon Statutes 621.003
- Milk: means the lacteal secretion of cows, sheep and goats. See Oregon Statutes 621.003
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) A distributor, producer-distributor or dairy products plant licensee shall not sell, offer or expose for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, 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 § 621.003, 621.012, 621.060 and 621.076, a person shall not knowingly sell, offer or expose for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, 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 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 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 § 621.056, 621.057, 621.084 and 621.226 and regulations adopted under ORS § 621.096.
(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 § 621.203 or 621.226.
(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.
(c) Make a false entry or record of the weight, or test of milk or cream on any statement, record or invoice. [Formerly 621.286]