Inspection and investigation powers of department
(1) For purposes of enforcement of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules), the State Department of Agriculture or any of its authorized representatives are authorized upon presentation of appropriate credentials to the owner, operator or agent in charge:
(a) To enter at reasonable times any food establishment or warehouse in which food is being held for introduction into commerce or vehicle being used to transport, hold or introduce such food in commerce.
(b) To inspect at reasonable times and within reasonable limits such food establishment, warehouse or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein, and to obtain samples necessary to the enforcement of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules).
(c) To have access to and to copy all records of carriers in commerce showing the movement in commerce of any food or the holding thereof during or after such movement, and the quantity, shipper and consignee thereof. Evidence obtained under the authority of this paragraph may not be used in a criminal prosecution of the person from whom obtained and carriers are not subject to other provisions of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) by reason of their receipt, carriage, holding or delivery of food in the usual course of business as carriers.
(d) To enter at reasonable times any retail food establishment holding a valid liquor license to insure that the retail establishment properly posts the sign required by ORS 471.551 (Warning signs required).
(2) Upon completion of any inspection of a food establishment, warehouse or vehicle, and prior to leaving the premises, the authorized representative of the department making the inspection shall furnish to the owner, operator or agent in charge a written report setting forth any conditions or practices observed by such representatives which in the judgment of the representative indicate that any food in such establishment, warehouse or vehicle:
(a) Consists in whole or in part of any filthy, putrid or decomposed substance; or
(b) Has been prepared, packed or held, in whole or in part, under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.
(3) If the authorized representative of the department making any inspection of a food establishment, warehouse or vehicle has obtained samples in the course of such inspection, upon completion of the inspection and prior to leaving the premises, the representative shall furnish to the owner, operator or agent in charge a receipt describing the samples obtained, and shall tender or offer payment therefor.
(4) If samples are obtained as provided in subsection (3) of this section, and analyses are made of such samples for the purpose of ascertaining whether such food consists in whole or in part of any filthy, putrid or decomposed substance or is otherwise unfit for food, a copy of the results of such analyses shall be furnished by the department to the owner, operator or agent in charge. [1973 c.227 §12 (enacted in lieu of 616.285); 1991 c.324 §7; 2001 c.320 §6]
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