2017 ORS 621.730¹
Department to provide testing
  • contracts of purchase not to be terminated
  • testing fees

(1) Within the availability of funds to be collected under ORS 621.740 (Liability for payment of fees), the State Department of Agriculture shall maintain laboratory facilities and purchase necessary equipment and materials to carry out this section and ORS 621.720 (Testing for milk fat content required), 621.740 (Liability for payment of fees) and 621.750 (Sampling and testing).

(2) Any producer or other person engaged in the milk industry is authorized to request the department to provide and furnish official testing, retesting or duplicate testing of milk.

(3) A milk handler, dealer, licensee or purchaser of milk shall not terminate or threaten to terminate the purchase of milk from a producer or seller, or take or threaten to take other retaliatory action against a producer or seller of milk, because the producer or seller has exercised rights and privileges as authorized in this section. In addition to any action the department is authorized to take against any person taking retaliatory steps or procedures, the producer or seller of milk may also maintain an action for damages against the same person. The prevailing party in the action shall be entitled to reasonable attorney fees at trial and on appeal.

(4) The department may establish reasonable fees for enforcing and carrying out this section and ORS 621.720 (Testing for milk fat content required), 621.740 (Liability for payment of fees) and 621.750 (Sampling and testing), in amounts necessary to reimburse the department for the furnishing of services and materials as required thereunder. [1965 c.474 §3; 1979 c.499 §24; 1981 c.897 §73; 1999 c.197 §58]

1 Legislative Counsel Committee, CHAPTER 621—Milk; Dairy Products; Substitutes, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors621.­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.