2013 ORS § 621.010¹
Restraining violations

(1) If the State Department of Agriculture believes that any person is engaged in or is about to engage in any act or practice that is a violation of ORS 621.056 (Employment of grader), 621.057 (Record of grade of 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), 621.076 (Container labeling), 621.084 (Weighing, sampling and testing fluid milk), 621.088 (Sale or possession of milk or cream to which water has been added), 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), 621.183 (Prohibition against operating plant or facility that does not meet standards), 621.198 (Prohibition against use or dealing with user of nonstandard bulk storage facilities), 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk) or 621.259 (Pasteurization equipment) or any rule or standard adopted under ORS 621.060 (Establishing standards of quality and identity for fluid milk), 621.083 (Procedures and equipment for graders), 621.096 (Regulations regarding weighing, sampling and testing), 621.224 (Bacterial standards) or 621.261 (Regulations regarding equipment used in pasteurization process), the department may apply for a temporary restraining order or permanent injunction pursuant to ORCP 79 or ORS 561.280 (Enjoining violations of law) prohibiting the person from engaging in that act or practice. The application for the order or injunction may be made to the circuit court of any county in which the person is engaged in or is about to engage in the unlawful act or practice. Notwithstanding ORCP 82, no security shall be required of the department to obtain the restraining order or injunction. The remedy provided the department by this section is in addition to all other remedies, civil and criminal.

(2) In a proceeding for an injunction under subsection (1) of this section, an applicant or licensee may not, as a defense, litigate collaterally any matter concerning the refusal to grant or the revocation or suspension of a license required by or issued under ORS 621.070 (License required to use grade designation), 621.072 (Issuance of license to use grade designation), 621.161 (Operation of dairy products plant without license prohibited), 621.171 (Issuance of license) or 621.266 (Pasteurizer operator license) if the applicant or licensee was heard or might have been heard on that matter directly in an administrative hearing under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases), or on an appeal from such a hearing. [1955 c.714 §1; 1961 c.425 §13; 1999 c.197 §6]