2013 ORS § 621.073¹
Suspension of grade use privilege

(1) In addition to the powers conferred on the State Department of Agriculture under ORS 621.018 (Entry and use of fluid milk produced outside state), 621.060 (Establishing standards of quality and identity for fluid milk), 621.072 (Issuance of license to use grade designation), 621.076 (Container labeling), 621.083 (Procedures and equipment for graders) and 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk), the department may suspend the privilege of any person to use a grade designation on containers of fluid milk produced or distributed by the person. The power of suspension may be exercised by the department for any violation of ORS 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) (7), 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk) or 621.259 (Pasteurization equipment), standards adopted under ORS 621.060 (Establishing standards of quality and identity for fluid milk), 621.083 (Procedures and equipment for graders) or 621.224 (Bacterial standards) or any department rules.

(2) A suspension shall not exceed 10 days except that, before lifting the suspension, the department shall ensure that the violation causing the suspension has been corrected.

(3) A suspension shall not be imposed for a violation unless the violator has previously committed the same violation and the department has, within the six months immediately preceding the violation for which the suspension is imposed, provided written notification to the violator that another violation of the same character would be grounds for suspension. The notice of suspension shall be in writing and shall state length of the suspension and the reason for the suspension.

(4) The provisions of ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) do not apply to suspensions imposed under authority of this section, although appeal shall be in the manner provided by ORS 183.484 (Jurisdiction for review of orders other than contested cases), 183.486 (Form and scope of decision of reviewing court), 183.490 (Agency may be compelled to act) and 183.497 (Awarding costs and attorney fees when finding for petitioner). This subsection shall not deprive a person of the right to present any defense to a criminal prosecution instituted for violation of ORS 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) (7), 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk) or 621.259 (Pasteurization equipment), nor shall it deprive a person of the right to a declaratory judgment. [Formerly 621.120]