2017 ORS 621.995¹
Civil penalties
  • rules
  • hearing
  • disposition of moneys

(1) In addition to any penalty available under ORS 561.190 (Rules and regulations) or 621.991 (Criminal penalty), the State Department of Agriculture may impose a civil penalty for a violation of ORS 621.056 (Employment of grader), 621.057 (Record of grade of milk), 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), 621.124 (Milk not to be sold if from diseased animals or from animals that have not been tested or retested for brucellosis), 621.161 (Operation of dairy products plant without license prohibited), 621.166 (Application for dairy products plant license), 621.183 (Prohibition against operating plant or facility that does not meet standards), 621.198 (Prohibition against use or dealing with user of nonstandard bulk storage facilities), 621.207 (Prohibition against unauthorized removal of condemnation tag or marking or use of container or its contents), 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk), 621.259 (Pasteurization equipment), 621.335 (Licenses to make and sell frozen desserts at wholesale), 621.340 (Selling frozen dessert with excessive bacteria count prohibited), 621.345 (Sale or offering for sale of nonconforming product prohibited), 621.418 (Standards for imitation milk products), 621.445 (Restrictions on serving colored butter substitute in public eating place) or 621.730 (Department to provide testing) or of rules, regulations or standards adopted under ORS 621.060 (Establishing standards of quality and identity for fluid milk), 621.083 (Procedures and equipment for graders), 621.096 (Regulations regarding weighing, sampling and testing), 621.224 (Bacterial standards) or 621.261 (Regulations regarding equipment used in pasteurization process). For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.

(2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.

(3) When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745 (Civil penalty procedures), except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.

(4) Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 §16]

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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.