ORS 621.003
Definitions


As used in this chapter, unless the context requires otherwise:

(1)

“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.

(2)

“Cream” means that portion of milk consisting of milk fat.

(3)

“Dairy products” means:

(a)

Butter.

(b)

All varieties of cheese, frozen desserts and frozen dessert mixes containing milk, cream or nonfat milk solids.

(c)

Evaporated, condensed, concentrated, powdered, dried or fermented milk, whey, cream and skimmed milk.

(4)

“Dairy products plant” means:

(a)

An establishment where milk is received, processed or used in manufacturing dairy products for human consumption.

(b)

A place or premises where milk is received or collected.

(c)

A bulk tank truck or other mobile equipment used by a milk hauler or other person in the transportation of milk, fluid milk or milk products.

(d)

A location operated by a nonprocessing cooperative, corporation, association or person serving as a marketing agent for producers.

(5)

“Department” means the State Department of Agriculture.

(6)

“Disease-free herd” means a herd of cows, sheep or goats that is not an infected herd. As used in this subsection, “infected herd” means a herd of cows, sheep or goats in which one or more reactor animals have been discovered by any test authorized by law and that has not regained its disease-free status following the slaughter of the reactor animals and retesting of the herd as prescribed by the department.

(7)

“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.

(8)

“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. Fluid milk includes sterilized fluid milk products and the fluid milk products for which a standard of identity has been established by the department.

(9)

“Frozen dessert” means a food product that is defined and standardized by rule under ORS 621.311 (Definitions and standards of identity for frozen desserts).

(10)

“Frozen dessert mix” means the unfrozen, blended ingredients, in liquid or powdered form, from which frozen desserts are made by freezing the mix ingredients to a solid or semisolid consistency.

(11)

“Frozen dessert retailer” means a person who freezes or makes frozen desserts for direct sale to or use by a consumer.

(12)

“Frozen dessert wholesaler” means a person, other than a frozen dessert retailer, engaged in the business of freezing or making frozen desserts for sale. “Frozen dessert wholesaler” does not include interstate carriers, health care facilities as defined in ORS 442.015 (Definitions), domiciliary care facilities as defined in ORS 443.205 (Definitions for ORS 443.215 and 443.225), schools, institutions or fraternal, social or religious organizations or persons engaging in occasional or incidental sales as defined by department rule.

(13)

“Imitation milk product” means:

(a)

A compound of milk and edible oil or fat, other than natural milk fat, with or without other ingredients.

(b)

A compound or product that is not a fluid milk product, that is made to have or has the appearance, taste or texture of a fluid milk product or a general composition similar to that of a fluid milk product, for which a standard of identity has been established by the department, and that may reasonably be mistaken for a fluid milk product.

(14)

“Milk” means the lacteal secretion of cows, sheep and goats.

(15)

“Milk hauler” means a person who, in the course of employment, accepts bulk fluid milk and transports that commodity to a dairy products plant or a physical facility of a distributor or producer-distributor.

(16)

“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.

(17)

“Pasteurize” means the process established by the department pursuant to ORS 621.261 (Regulations regarding equipment used in pasteurization process) by which each particle of milk, cream or any other dairy product is treated, usually by heat, for the purpose of destroying or rendering harmless bacterial organisms, including pathogenic organisms and viruses.

(18)

“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.

(19)

“Producer-distributor” means:

(a)

A person who bottles milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption.

(b)

A person who purchases milk from a producer, pasteurizes that milk, then bottles it for distribution. [1999 c.197 §2]

Source: Section 621.003 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html.

621.003
Definitions
621.010
Restraining violations
621.012
Exception for small-scale on-farm sales
621.015
Disposition of license fees
621.018
Entry and use of fluid milk produced outside state
621.056
Employment of grader
621.057
Record of grade of milk
621.058
Milk, fluid milk and dairy product grades, standards, safety and marketability
621.059
Definitions and standards of identity for cheese
621.060
Establishing standards of quality and identity for fluid milk
621.062
Deviation from standard of identity prohibited
621.070
License required to use grade designation
621.072
Issuance of license to use grade designation
621.073
Suspension of grade use privilege
621.076
Container labeling
621.078
Additional users of milk processing plant
621.083
Procedures and equipment for graders
621.084
Weighing, sampling and testing fluid milk
621.088
Sale or possession of milk or cream to which water has been added
621.092
Right of producer to be present at weighing, sampling or testing and to have own tests made
621.093
Liability of licensee for inaccurate weighing, sampling, testing or recording
621.094
Authority of department to take charge of weighing, sampling and testing upon noncompliance
621.096
Regulations regarding weighing, sampling and testing
621.116
Prohibition against retail sale of unpasteurized milk from cows
621.117
Distributor or producer-distributor may sell only milk that is pasteurized or from disease-free goats or sheep
621.122
Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers
621.124
Milk not to be sold if from diseased animals or from animals that have not been tested or retested for brucellosis
621.161
Operation of dairy products plant without license prohibited
621.166
Application for dairy products plant license
621.169
Additional users of dairy products plant
621.171
Issuance of license
621.176
Standards of construction for plants and facilities
621.181
Standards of sanitation for operation of plants and facilities
621.183
Prohibition against operating plant or facility that does not meet standards
621.193
Standards for farm bulk storage facilities
621.198
Prohibition against use or dealing with user of nonstandard bulk storage facilities
621.203
Condemnation of unfit container and its contents
621.207
Prohibition against unauthorized removal of condemnation tag or marking or use of container or its contents
621.224
Bacterial standards
621.226
Condemnation of unlawful milk, cream, dairy product or fluid milk
621.259
Pasteurization equipment
621.261
Regulations regarding equipment used in pasteurization process
621.266
Pasteurizer operator license
621.276
Licensees to show knowledge of and ability to comply with changes in laws or regulations
621.281
Suspension or revocation of licenses issued under ORS 621.266
621.297
Certification of milk and dairy product testing laboratories
621.300
Use of Ring Test or Whey Test for brucellosis
621.311
Definitions and standards of identity for frozen desserts
621.320
Labeling requirements for frozen desserts
621.335
Licenses to make and sell frozen desserts at wholesale
621.340
Selling frozen dessert with excessive bacteria count prohibited
621.345
Sale or offering for sale of nonconforming product prohibited
621.368
Revocation of licenses
621.369
Possession of frozen dessert or frozen dessert mix as prima facie evidence of intent to sell
621.405
Definitions and standards for condensed or evaporated milk
621.410
Requisites of milk used in manufacture of condensed or evaporated milk
621.418
Standards for imitation milk products
621.435
Substitute or imitation dairy products
621.445
Restrictions on serving colored butter substitute in public eating place
621.720
Testing for milk fat content required
621.730
Department to provide testing
621.740
Liability for payment of fees
621.750
Sampling and testing
621.991
Criminal penalty
621.995
Civil penalties
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