2017 ORS 616.790¹
Enforcement of ORS 616.775 to 616.790 by department
  • inspection
  • sampling
  • failure to permit inspection
  • rules

(1) The State Department of Agriculture shall enforce ORS 616.775 (Definitions for ORS 616.775 to 616.790) to 616.790 (Enforcement of ORS 616.775 to 616.790 by department) and 616.992 (General criminal penalty) and shall have, in connection therewith, all the powers conferred and imposed on it by law and any other powers necessary or proper to enable it to enforce ORS 616.775 (Definitions for ORS 616.775 to 616.790) to 616.790 (Enforcement of ORS 616.775 to 616.790 by department) and 616.992 (General criminal penalty).

(2) For the purpose of ORS 616.775 (Definitions for ORS 616.775 to 616.790) to 616.790 (Enforcement of ORS 616.775 to 616.790 by department) and 616.992 (General criminal penalty) the State Department of Agriculture, or such officers or employees of the department as are designated, is authorized:

(a) To take food samples for analysis;

(b) To conduct examinations and investigations;

(c) To enter at reasonable times any factory, mill, bakery, warehouse, shop or establishment where any flour, bread, rolls, buns, macaroni products or noodle products specified in ORS 616.780 (Standards of identity or quality for flours, macaroni and noodle products) are manufactured, processed, packed, sold or held, or any vehicle being used for the transportation thereof;

(d) To inspect any such place or vehicle and any flours, breads, rolls, buns, macaroni products or noodle products specified in ORS 616.780 (Standards of identity or quality for flours, macaroni and noodle products), and all pertinent equipment, materials, containers and labeling; and

(e) To make reasonable rules and regulations to carry out ORS 616.775 (Definitions for ORS 616.775 to 616.790) to 616.790 (Enforcement of ORS 616.775 to 616.790 by department), 616.992 (General criminal penalty), 625.160 (Powers of department), 625.212 (Definitions for ORS 625.215) and 625.215 (Prohibited bakery products), subject to the applicable provisions of ORS chapter 183. Such rules and regulations shall be published as provided by ORS 561.190 (Rules and regulations).

(3) Refusal to furnish authorized officers and employees of the State Department of Agriculture, upon demand either personal or in writing, with a sufficient sample for analysis of any food product specified in subsection (2) of this section after tender of the market price therefor is prima facie evidence that such food is not enriched as required. [1971 c.176 §7; 1973 c.227 §25; 1975 c.265 §4; 2003 c.14 §365]

1 Legislative Counsel Committee, CHAPTER 616—General and Miscellaneous Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors616.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.