2007 ORS 583.007¹
Definitions

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

(1) "Classification" means the classification of all Grade A and Grade B milk into classes according to its utilization.

(a) "Class 1 milk" includes but is not limited to Grade A and Grade B milk received, used or sold to others for ultimate human consumption in fluid form.

(b) "Class 2 milk" includes but is not limited to Grade A and Grade B milk received, used or sold to others for ultimate use in the manufacture of cottage cheese, ice cream, condensed milk and the frozen desserts as shall be prescribed by the State Department of Agriculture under this chapter.

(c) "Class 3 milk" means all the Grade A and Grade B milk received, used or sold to others, for use other than that prescribed for Class 1 and Class 2 milk.

(d) In addition to the classifications under paragraphs (a) to (c) of this subsection, the department under this chapter may by rule classify, within the above classes, any Grade A or Grade B milk received, used or sold to others, that has not been defined herein.

(2) "Consumer" means any person, other than a handler, jobber or store who purchases milk for human consumption in fluid form.

(3) "Department" means the State Department of Agriculture.

(4) "First handler" means the handler who receives Grade A or Grade B milk from a producer, either physically or as a marketing agent, irrespective of the final or ultimate destination of such milk.

(5) "Handler":

(a) Means any person, partnership, corporation, association, cooperative organization or other entity engaged in the handling of Grade A or Grade B milk in the capacity as the operator of a fluid milk plant which processes milk in Class 1, Class 2 or Class 3 uses and who purchases or receives such milk from a producer, or from another handler, or from the herd of the producer or handler, or

(b) Means any person, cooperative corporation or association serving as a marketing agent for producers, or

(c) Means any contract purchaser making sales of Grade A or Grade B milk to another handler.

(d) Does not mean any person, partnership, corporation, association, cooperative organization or other entity operating exclusively a plant or establishment, purchasing or using manufacturing grade milk for manufacturing purposes only. This exception or exemption, however, does not apply if such plant or establishment is owned by, under the control of the same management, or is a part of a fluid milk plant processing milk for human consumption.

(6) "Jobber" means a person who purchases bottled or packaged milk or milk products from a handler or a producer-handler and who thereafter sells such milk or milk products at wholesale or retail.

(7) "Market area" means any one or more primary markets, as established under ORS 583.470 (Market areas).

(8) "Milk" means the whole milk or cream or any constituent part thereof which is the lacteal secretion of cows.

(a) "Grade A or Grade B milk" means all milk or cream as defined herein which meets the standards of identity as provided in ORS chapter 621.

(b) "Manufacturing grade milk" means all milk or cream, as defined herein, which does not meet the standards of identity as provided in ORS chapter 621.

(9) "Milk product" means milk or dairy products as defined by the department under this chapter. It may adopt the same standards and definitions, all or in part, as are established by or under the provisions of ORS chapter 621.

(10) "Primary market" means an area established under ORS 583.465 (Primary markets).

(11) "Producer" means any person producing Grade A or Grade B milk, any portion of which is sold to, or received by or used by, a licensed handler for human consumption in fluid form.

(12) "Producer-handler" means a person, partnership or corporation who:

(a) Operates a dairy farm which the person, partnership or corporation owns, leases or is purchasing;

(b) Owns or is purchasing the person’s own dairy cows;

(c) Owns, or is purchasing or leasing the person’s own dairy plant of the person, partnership or corporation which the person, partnership or corporation operates for the processing, bottling or packaging of Grade A or Grade B milk;

(d) Sells or distributes all bottled Class 1 Grade A or Grade B milk direct to wholesalers, to jobbers, to consumers, to stores or to drive-in markets, but not to licensed handlers or other producer-handlers;

(e) Sells surplus milk in excess of Class 1 sales only to a licensed handler, at Class 3 price established by the department, or to a nonlicensed manufacturing plant as manufactured milk;

(f) Confines milk processing and route distribution to milk produced by the dairy herd of the person, partnership or corporation, and receives no skim milk, including nonfat dry milk or condensed skim milk or skim milk recombined from nonfat dry milk or condensed skim milk, or butterfat from any other source for use in fluid milk products;

(g) Is in compliance with the provisions of this chapter or rules thereunder, including but not limited to a determination by the department that a lessee under paragraphs (a) and (c) of this subsection is otherwise qualified as a producer-handler; and

(h) Notwithstanding the provisions of this subsection, may purchase, from other licensed handlers, packaged fluid milk products, other than whole milk, in an amount not in excess of an average of 100 pounds per day during the month.

(13) "Replacement milk" means Grade A or Grade B milk produced in one market area, thereafter processed in another market area and then returned to the market area where it was originally produced, for distribution or sale within such original market area.

(14) "Store" means any grocery store, hotel, restaurant, soda fountain or any other place, establishment or business wherein milk is sold as an article of merchandise or served and consumed on the premises. [1967 c.440 §2 (enacted in lieu of 583.006); 1977 c.307 §1]

Notes of Decisions

Administrative interpreta­tion of regula­tions on reclassifica­tion of milk was plainly erroneous and inconsistent with the regula­tion. Carna­tion Co. v. Dept. of Agriculture, 7 Or App 223, 488 P2d 1385 (1971), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 583—Milk Marketing, Production and Distribution, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­583.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 583, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­583ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.