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DEPARTMENT OF AGRICULTURE
FOOD SAFETY DIVISION
DIVISION 21
BAKERIES
Definitions and Standards of Identity for Bread
603-021-0005
Definitions
In addition to the definitions set forth in ORS Chapter 625, a bakery is subject to the definitions set forth in OAR 603-025-0010.
Stat. Auth.: ORS 561, ORS 616 & ORS 625
Stats. Implemented: ORS 625.150
Hist.: AD 829(1-67), f. 1-11-67, ef. 3-1-67; AD 915(1-70), f. 3-5-70, ef. 7-1-70; AD 1018(8-74), f. 2-14-74, ef. 3-11-74; AD 5-1988, f. & cert. ef. 5-5-88
603-021-0007
Domestic Kitchen Bakeries
In addition to the requirements of OAR 603-021-0010, a bakery in an area which is part of a domestic kitchen shall comply with the provisions of OAR 603-025-0200.
Stat. Auth.: ORS 561, ORS 616 & ORS 625
Stats. Implemented: ORS 625.150
Hist.: AD1018(8-74), f. 2-14-74, ef. 3-11-74; AD 5-1988, f. & cert. ef. 5-5-88
Modification to Bakery License Fees
603-021-0010
Construction and Sanitation Standards
(1) The construction and sanitation standards for retail bakeries are those specified in OAR 603-025-0020 and 603-025-0030.
(2) The construction and sanitation standards for wholesale bakeries are those specified in OAR 603-025-0020 and 603-025-0150.
Stat. Auth.: ORS 561, ORS 616 & ORS 625
Stats. Implemented: ORS 625.150
Hist.: AD 829(1-67), f. 1-11-67, ef. 3-1-67; AD 915(1-70), f. 3-5-70, ef. 7-1-70; AD 5-1988, f. & cert. ef. 5-5-88
603-021-0015
Labeling and Marking of Containers
(1) No person operating or participating in the operation of any bakery, or distributor, shall use as a part of this trade or cor-porate name, or as a name or description of bread, or use in or on his bread containers, or advertising matter or sales literature relating thereto the word or term "Big", "Giant", "Large", "Jumbo", "Colossal", "King Size", or any similar word or terms except as provided for in section (2) of this rule.
(2) The use of such words as are set out in section (1) of this rule on the container of a standard extra large loaf is permissible when not shown in conjunction with the net weight statement.
Stat.Auth.: ORS Ch. 561, 616 & 625
Stats. Implemented: ORS 625.150
Hist.: AD 829(1-67), f. 1-11-67, ef. 3-1-67; AD 5-1988, f. & cert. ef. 5-5-88
603-021-0021
Definitions and Standards for Bakery Products, Cereal Flours and Related Products -- Labeling -- Weight Standards
(1) The definitions, standards of identity and labeling for Bakery Products, cereal flours and related products are those specified in OAR 603-025-0190.
(2) Weight Standards-Bread: Each loaf and each unit of a twin or multiple loaf made or procured for sale, kept, offered, exposed for sale, or sold whether or not wrapped or sliced, shall have a weight per subsection (a) or (b) of this section; provided that the provisions of this section shall not apply to biscuits, buns or rolls of inch-pound sizes of 8 oz. or less or of metric sizes 250 grams or less or to "stale bread" sold and expressly represented at the time of sale as such, and when so sold, the wrappers shall be deemed not to be packages for labeling purposes:
(a) Inch-Pound Weights -- 8-14 ounces, 15-17 ounces, 22-1/2 - 25-1/2 ounces and 30-34 ounces;
(b) Metric Weights -- 250 grams, 500 grams, 750 grams, or a multiple of 500 grams.
Stat. Auth.: ORS 561, ORS 616 & ORS 625
Stats. Implemented: ORS 625.150
Hist.: AD 5-1988, f. & cert. ef. 5-5-88
603-021-0022
Bread Labeling at Retail
Bread made and sold in a retail bakery is exempt from the requirement for full and complete ingredient labeling provided:
(1) The bread is not displayed along side of or in competition with bread that is fully and completely labeled.
(2) The ingredients in each bread are available upon request by the consumer in a card file or other method approved by the Department. All other labeling requirements are applicable.
Stat. Auth.: ORS 561, ORS 616 & ORS 625
Stats. Implemented: ORS 625.150
Hist.: AD 5-1988, f. & cert. ef. 5-5-88
603-021-0030
Unwrapped Bread Labeling Exemption
The provisions of ORS 625.220 and these regulations do not apply in a bakery where unwrapped bread is on display and available for inspection by the prospective purchaser and where, after purchase, each loaf is immediately placed in a bag by bakery personnel for the convenience of such purchaser.
Stat. Auth.: ORS 561, ORS 616 & ORS 625
Stats. Implemented: ORS 625.150
Hist.: AD 915(1-70), f. 3-5-70, ef. 7-1-70; AD 5-1988, f. & cert. ef. 5-5-88
603-021-0612
Pan Sizes
The following pan sizes are applicable to "Enriched White Bread" sold in conventional and traditional loaves only: (i.e., rectangular open topped baking pans). Pans used for the baking of loaves of "enriched White Bread", in Oregon, shall not exceed the following dimensions (measurements are the inside measurements at the top of the pan): Length, Width and Depth respectively:
(1) "Standard Loaf" -- 9.25 x 4.75 x 3.50 inches;
(2) "Standard Large Loaf" -- 12.5 x 4.75 x 3.50 inches;
(3) "Standard Large Square Loaf" -- 8.5 x 8.0 x 3.50 inches;
(4) "Standard Large Sandwich Loaf" -- 13.0 x 4.5 x 4.5 inches;
(5) "Standard Extra Large Loaf" -- 13.0 x 5.5 x 5.0 inches;
(6) "Standard Extra Large Sandwich Loaf" -- 16.0 x 4.5 x 4.5 inches.
Stat. Auth.: ORS 561, ORS 616 & ORS 625
Stats. Implemented: ORS 625.150
Hist.: AD 5-1988, f. & cert. ef. 5-5-88
Modification to Non-Alcoholic Beverage Fees
603-021-0710
Sanitation Standards; Facilities
(1) Surroundings: The outer premises of every nonalcoholic beverage plant shall be reasonable clean and well drained, free from any material or condition that creates rodent and/or insect harborage, and free from other nuisances and sources of contamination.
(2) Building: The building or portion thereof employed for compounding flavored sirups and packaging carbonated beverages and similar beverages without carbonation shall be used for no other purposes, and shall be constructed of such material and design that it can be kept clean and maintained in a sanitary manner and condition. No domestic animals or birds shall be allowed in any portion of the building. Toilet room or living quarters shall not open directly into any room or area in which sirup or finished beverages are processed.
(3) Rooms: A separate room shall be provided for compounding and mixing sirups; it shall be separated from other areas of the plant by a solid wall construction. Separate areas from the sirup room shall be provided for bottle washing; filling operation; receiving, storing, and shipping; provided, however, that a separate partitioned room for filling beverage containers shall be required in all new construction on and after the effective date of this order. Sirup mixing and container filling operations may be located in the same room if approved by the Department.
(4) Floors: The floors of rooms where ingredients are handled, compounded, mixed, or processed or where containers or equipment are washed shall be constructed of concrete or other equally impervious material. They shall be smooth, easily cleaned, properly sloped, coved sealed walljoint, provided with trapped drains, and kept in good repair; provided that storage rooms for storing dry ingredients, packaging materials, containers, supplies, need not be provided with drain.
(5) Walls and ceiling: Walls and ceiling in the sirup room, filling and washing area, shall have a moisture resistant, smooth, washable, light colored surface and shall be kept clean and in good repair. Walls may be of a darker color up to not more than 60 inches from the floor. With the approval of the Department, walls in the filling and washing area above 60 inches from the floor may be constructed of sound retarding material that is not conducive to multiplication of microorganisms. When paint is used, it should be of the mold resistant type.
(6) Doors and windows: Effective means shall be provided to prevent access of insects and dust into sirup room or container filling area. Exterior hinged doors as well as door into sirup room shall be solid, tight, outward opening, and self-closing. Windows shall be glazed.
(7) Lighting: Lighting in all rooms and work areas shall be sufficient and adequate for the operation that is to be performed. Lights in processing areas where breakage may cause contamination of product or ingredients shall be of the safety type or equipped with protective shields.
(8) Ventilation: Natural or artificial ventilation shall be sufficient to prevent excessive condensation formation, mold, or objectionable odors and maintain sanitary conditions in the sirup room, container filling and washing areas, or any area where necessary. Artificial ventilating systems subject to Department approval.
(9) Water supply: Water supply shall be readily accessible, of sufficient quantity and temperature for the procedure or process intended, and of a safe, sanitary quality. There shall be no cross connections between the safe water supply and any unsafe or questionable water supply, nor with sewage disposal system. There shall be evidence that the water supply has been approved by state or local authorities within past six months.
(10) Toilet Facilities: Toilet facilities shall be provided. The toilet room shall be kept clean, well lighted, and ventilated and plumbing shall meet the state code. Toilet room doors shall be solid, tight and self-closing. Hot and cold running water, soap, single service towels, or air dryer for hands shall be provided. A sign directing employees to wash their hands before returning to work shall be posted in all toilet rooms. Toilet soil lines shall be kept separate from industrial wastelines within plant.
(11) Waste disposal: Liquid waste from plant shall be conveyed to proper facilities in compliance with state plumbing code. Other waste shall be handled and removed at intervals of such frequency as to preclude infestations of insects or rodents and the development of odors and other nuisances. Only clean waste receptacles may be brought into food handling room.
Stat. Auth.: ORS 561.190 & ORS 635.045
Stats. Implemented: ORS 635.045
Hist.: AD 851(23-67), f. & ef. 9-13-67
603-021-0715
Construction and Repair of Equipment
(1) All equipment, containers, and utensils used in the handling, processing, compounding, mixing, storage, or transporting of beverages or beverage ingredients shall be smooth, impervious, corrosion resistant, nontoxic, and in good repair and shall be constructed to permit adequate sanitation. Effective protection from contamination shall be maintained. Product-contact surfaces shall be self-draining. Equipment shall be free of sharp internal corners. Welded or soldered areas shall be smooth and similar to the parent metal. All joints shall be flush. Piping shall be of sanitary design and installation. All temperature-control equipment and control devices used on bottle washers shall be accurate and adequately maintained. The bottle washer shall be equipped with an indicating thermometer to record the temperature of the caustic wash solution. It shall be placed so as to be conveniently visible to the operator at all times.
(2) If the washing, filling, and crowning devices are not integral parts of one machine, but are performed by separate units of equipment, they shall be arranged to exclude manual contact with the necks or tops of the bottles between filling and crowning.
(3) Mixing and storage tanks, pipelines, filters, and other apparatus employed in the preparation and distribution of sirups shall be of sanitary construction and made of stainless steel or similar materials resistant to the action of sirup ingredients. All apparatus employed in sirup-making shall be free from recesses and so constructed that all parts may be easily sanitized. All permanent in place sirup lines shall be sloped to drain. All sirup tanks shall be self-draining and provided with suitable covers. Mixing shall be by mechanical means performed so as to prevent contamination of the sirup.
(4) Carbonated water shall not be conveyed in pipelines of galvanized iron, lead, zinc, copper, or other deleterious materials.
Stat. Auth.: ORS 561.190 & ORS 635.045
Stats. Implemented: ORS 635.045
Hist.: AD 851(23-67), f. & ef. 9-13-67
603-021-0720
Processing Methods
(1) General sanitation: The operations of receiving, segregating, holding, compounding, mixing, packaging and packing, storing, transporting, and handling shall be conducted in a sanitary manner. There shall be no contamination, adulteration, or deterioration of the product or its ingredients. Every plant manu-facturing bottled beverages shall be equipped with suitable mechanical bottle washing apparatus, and with approved machines for carbonating, filling, and crowning. Plant operations shall be performed in such a manner as to prevent the operator or his clothing from coming in contact with the beverages or sanitized product-contact surfaces.
(2) Bottle washing: Reusable glass containers used in the manufacture of soft drinks shall, before being refilled, be sanitized by being washed in an automatic washing machine. An indicating thermometer and caustic solution test equipment shall be used to ascertain the temperature and caustic strength of the washing solution.The washing solution shall consist of at least 3 percent caustic soda with a minimum contact period of 5 minutes and a temperature of 130 degrees F. or an equivalent cleansing and sanitizing process. The bottles shall be rinsed free of washing solution with potable water. Single-service containers may be sanitized by air or water rinsing machines. One trip (single service) containers, such as bottles and cans, may be washed in a mechanical bottle washer, air or water rinsed. One trip containers that are not washed, air or water rinsed shall be stored in such manner as to protect such containers from airborne and manual contamination.
(3) Preparation of sirups: Sirups shall be prepared in a sanitary manner. Every precaution shall be taken against contamination, absorption, or deleterious substances during the preparation and subsequent storage. Sirup tanks and vats shall be covered and constructed of stainless steel or other suitable noncorrosive material. The tanks shall be free from defects, self-draining, free from seams, and shall be of such construction as to be readily flushed, cleaned, and sanitized. Galvanized iron, lead, zinc, copper, or brass-lined containers, pipelines, or apparatus of other deleterious materials shall not be used in preparation, storage, or conveyance of sirups. The sirup room shall be equipped with a wash sink and plumbed with a drain and hot and cold running water.
(4) Filling and crowning: Bottles shall be filled and capped by means of automatic machinery, and neither the operator nor his clothes shall come in contact with any part of the bottle or machinery that might result in contamination of the product. Removal of the crown of imperfectly crowned bottles and recrowning shall not be permitted. Crowns which have been touched on the inner side by the operator, as may occur while adjusting the crowner, shall be discarded. Returnable bottles shall be inspected for any abnormal condition immediately before or after being filled.
Stat. Auth.: ORS 561.190 & ORS 635.045
Stats. Implemented: ORS 635.045
Hist.: AD 851(23-67), f. & ef. 9-13-67
603-021-0725
Cleaning and Bactericidal Treatments
Multiple-service containers, equipment, and utensils used in the handling, processing, storing, or transporting of beverages or beverage ingredients shall be thoroughly cleaned after use. They shall be subjected effectively to an approved bactericidal process prior to each usage.The methods used shall be such that soft drinks and their ingredients shall not be contaminated or adulterated. Chemicals used for cleaning and bactericidal treatments shall have labels which identify the contents and stored in an approved manner. All pipelines, apparatus, and containers used in the manufacturing processes shall be thoroughly sanitized at adequate intervals, but never less frequently than once weekly. Apparatus and containers shall be washed and rinsed before sanitization. Fillers shall be cleaned and sanitized at the end of each day's operation and flushed with potable water before beginning operations. Since accepted industry practice permits sirup to remain in the sirup tanks and lines between periods of processing operations, the sirup tanks and lines will be cleaned and sanitized when emptied, as scheduled by the plant. After scheduled cleaning and sanitation, the sirup tanks and lines shall be flushed with potable water before beginning processing operations. Hot water, chlorine, or equally effective bactericidal agents are permissible for sanitization.
Stat. Auth.: ORS 561.190 & ORS 635.045
Stats. Implemented: ORS 635.045
Hist.: AD 851(23-67), f. & ef. 9-13-67
603-021-0730
Sanitary Controls
To assure adequate sanitary control every plant manufacturing bottled carbonated beverages shall be adequately provided with apparatus for ascertaining the sanitizing strength of the soaker solution used in bottle washing. An indicating thermometer shall be used at the bottle-washing machine. If pipelines and other equipment are sanitized by hot water, additional thermometers shall be available at convenient locations. Caustic solution test equipment or some other suitable index for determining the causticity of the soaker solution shall be available at all times.
Stat. Auth.: ORS 561.190 & ORS 635.045
Stats. Implemented: ORS 635.045
Hist.: AD 851(23-67), f. & ef. 9-13-67
603-021-0735
Control of Insects and Animals
The soft drink plant shall be free of rodents, rodent harborages, insects, and insect-breeding places. Effective measures shall be used to control and eliminate insects, vermin, rodents, and domesticated animals. Insecticides and rodenticides shall be properly identified, used, and stored in a safe and acceptable manner.
Stat. Auth.: ORS 561.190 & ORS 635.045
Stats. Implemented: ORS 635.045
Hist.: AD 851(23-67), f. & ef. 9-13-67
603-021-0740
Storage Facilities
These facilities shall be clean, in good repair, and shall be provided with ample space for the storage of food substances, container closures, gaskets, cleaned utensils and equipment, so as to prevent contamination and deterioration. Conveyers and cases shall be maintained in a clean condition. It is recommended that an 18 inch space between the stored products and the wall be provided.
Stat. Auth.: ORS 561.190 & ORS 635.045
Stats. Implemented: ORS 635.045
Hist.: AD 851(23-67), f. & ef. 9-13-67
603-021-0745
Vehicles and Transportation
Vehicles used to transport all products and materials shall be maintained in a clean condition to aid in protecting the product from contamination.
Stat. Auth.: ORS 561.190 & ORS 635.045
Stats. Implemented: ORS 635.045
Hist.: AD 851(23-67), f. & ef. 9-13-67
603-021-0750
Personal Hygiene
All personnel in processing rooms and areas shall wear clean outer clothing, and head coverings; be free of communicable disease, and infected cuts, open sores, or other lesions on hands, arms, or head; and wash hands before starting or returning to work. All personnel in processing room or areas of the plant shall practice good sanitation and shall not smoke, chew tobacco, expectorate, or eat in processing areas.
Stat. Auth.: ORS 561.190 & ORS 635.045
Stats. Implemented: ORS 635.045
Hist.: AD 851(23-67), f. & ef. 9-13-67
603-021-0755
Labeling
All carbonated beverages, still drinks, and mineral waters sold or offered for sale shall be plainly marked or labeled, capped, branded, or tagged with:
(1) The name of the beverage.
(2) The word "imitation" followed by the name of the natural fruit or product imitated, if the beverage is an imitation.
(3) The words "artificially colored", "Artificially flavored", or "artificially colored and flavored" or with words equivalent thereto and acceptable to the Department, if the product is artificially colored or artificially flavored, or both.
(4) An accurate statement of the net contents of each bottle, can, or other container in terms of fluid measure.
(5) The common name of each ingredient used in its manufacture. Flavorings and coloring may be designated as such without specifically naming them. The requirements of this paragraph do not apply to a carbonated beverage the ingredients of which have been fully and correctly disclosed to the Department on a form which the Department shall furnish on request.
(6) The name and principal place of business of the bottler or distributor responsible for placing the beverage on the market. This section does not apply to carbonated beverages or still drinks, the container or crown of which is permanently and distinctly branded with the trademark or brand of the distributor or bottler thereof, if the trademark or brand is registered with the Secretary of State or the United States Government and a declaration is filed with the Department, affirming the name, trademark, or brand under which the beverage is to be sold, and giving a full description of the area of the state in which such beverage is to be distributed, and the name and address of the person responsible in such area for compliance with ORS Chapter 635 as amended by Chapter 154, Oregon Laws 1967.
Stat. Auth.: ORS 561.190 & ORS 635.045
Stats. Implemented: ORS 635.045
Hist.: AD 851(23-67), f. & ef. 9-13-67
603-021-0760
Other Regulations Also Apply
OAR 603-021-0709 to 603-021-0755, relating to nonalcoholic beverages, are in addition to, and not in lieu of, other regulations relating to food and such beverages, and unless in conflict herewith, continue to apply to such beverages and the plants in which they are handled and manufactured.
Stat. Auth.: ORS 561.190 & ORS 635.045
Stats. Implemented: ORS 635.045
Hist.: AD 851(23-67), f. & ef. 9-13-67
Civil Penalties
603-021-0900
Purpose
The Oregon Department
of Agriculture Food Safety Program licenses and inspects all facets of Oregon’s
food distribution system, except restaurants, to ensure food is safe for consumption.
Education and technical assistance are vital to the prevention, correction, and
abatement of food safety violations, and are preferred over regulatory action. However,
regulatory action may be necessary to deter violations of food safety laws and rules,
to educate persons about the consequences of such violations, and to compel compliance
with food safety laws for the protection of consumers. The Department intends to
initiate civil penalty actions when educational measures, technical assistance,
warning letters, compliance agreements or other remedial measures fail to achieve
compliance.
Stat. Auth.: ORS
561.190, 625.995 & 635.995
Stat. Implemented:
ORS 625.995 & 635.995
Hist.: DOA
2-2013, f. & cert. ef. 2-7-13
603-021-0910
Definitions
A bakery is subject
to the definitions set forth in ORS Chapter 625, and OAR 603-025-0010. As used in
OAR 603-021-0920 through 603-021-0930, unless otherwise required by the context,
the following terms will be construed to mean:
(1) “Interference”
means hindering or impeding an activity or process, which includes, but is not limited
to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction.
(2) “Major,”
with respect to violations, means an incident, or series of incidents that cause
a reasonable probability that serious adverse health consequences or death will
occur.
(3) “Minor,”
with respect to violations, means an incident, or series of incidents that are not
likely to cause adverse health consequences.
(4) “Moderate,”
with respect to violations, means an incident, or series of incidents that may cause
temporary or medically reversible adverse health consequences, or where the probability
of serious adverse health consequences is remote.
(5) "Repeat
violation" means the recurrence of the same violation for each 24-hour period after
a notice of noncompliance or assessment of civil penalty was issued within the preceding
three years. It does not include a violation if the previous notice is the subject
of a pending appeal or if the notice has been withdrawn or successfully appealed.
(7) “Same,”
with respect to violations, means an identical recurrence, exact repetition, or
a continuation of a previous violation.
(8) “Violation”
means the failure to comply with any requirement of ORS 625.010 to 625.270 or Chapter
635, or any rule adopted thereunder.
Stat. Auth.: ORS
561.190, 625.995 & 635.995
Stat. Implemented:
ORS 625.995 & 635.995
Hist.: DOA
2-2013, f. & cert. ef. 2-7-13
603-021-0920
Schedule
of Civil Penalties
In addition to any
penalty available under ORS 561.190 or 635.991, the Department may issue civil penalties
with respective amounts for:
(1) Operating
or participating in the operation of any bakery within this state without a license
for that bakery pursuant to ORS 625.020(1). Penalties:
(a) Minor
— $2,000 to $6,000;
(b) Moderate
— $6,001 to $8,000; or
(c) Major
— $8,001 to $10,000.
(2) Failure
to display the numbered license certificate in a licensed bakery in accordance with
ORS 625.070. Penalty — $100.
(3) Engaging
within this state in the sale or distribution of any bakery product, other than
exclusively as a retail food store or otherwise at retail at a fixed place or places
of business, without holding a license so to do issued to that person by the Department
pursuant to ORS 625.080. Penalties:
(a) Minor
— $2,500 to $5,000;
(b) Moderate
— $5,001 to $7,500; or
(c) Major
— $7,501 to $10,000.
(4) Failure
to display the numbered license certificate of a distributor licensed in accordance
with ORS 625.120. Penalty — $100.
(5) Interference
with a lawful inspection authorized under ORS 625.140. Penalty — $5,000 to
$10,000.
(6) Violation
of ORS 625.215, relating to prohibited bakery products. Penalties:
(a) Minor
— $100 to $4,000;
(b) Moderate
— $4,001 to $7,000; or
(c) Major
— $7,001 to $10,000.
(7) Violation
of labeling standards in OAR 603-021-0015. Penalties:
(a) Minor
— $500 to $4,000;
(b) Moderate
— $4,001 to $7,000; or
(c) Major
— $7,001 to $10,000.
(8) Failure
to meet the standard of identity for Bakery Products, cereal flours and related
products with an established state or federal standard of identity as explained
in ORS 616.780. Penalties:
(a) Minor
— $1,000 to $4,000;
(b) Moderate
— $4,001 to $7,000; or
(c) Major
— $7,001 to $10,000.
(9) Operating
or engaging in the business of a nonalcoholic beverage manufacturer without first
obtaining and thereafter maintaining a license, or renewal thereof, from the Department
pursuant to ORS 635.027. Penalty — $5,000 to $10,000.
(10) Failure
to maintain adequate sanitation or other measures as described in OAR 603-021-0007,
603-021-0010, 603-021-0710, or 603-021-0720 to 603-021-0750. Penalty — $500
to $5,000.
(11) Failure
to maintain adequate facilities as described in OAR 603-021-0715. Penalty —
$500 to $5,000.
(12) Labeling
carbonated beverages, still drinks, or mineral waters inconsistent with the provisions
of OAR 603-021-0755. Penalties:
(a) Minor
— $500 to $4,000;
(b) Moderate
— $4,001 to $7,000; or
(c) Major
— $7,001 to $10,000.
Stat. Auth.: ORS
561.190, 625.995 & 635.995
Stat. Implemented:
ORS 625.995 & 635.995
Hist.: DOA
2-2013, f. & cert. ef. 2-7-13
603-021-0930
Penalty factors;
procedure
(1) In imposing
a penalty pursuant to the schedule adopted under ORS 625.995 or 635.995, the Department
shall consider the following factors, which are listed in prioritized order:
(a) The immediacy
and extent to which the violation threatens the public health or safety.
(b) Any prior
violations of statutes, rules or orders pertaining to Bakeries, Bakery Products,
or Nonalcoholic Beverages.
(c) The past
history of the person incurring a penalty in taking all feasible steps or procedures
necessary or appropriate to correct any violation.
(d) The economic
and financial conditions of the person incurring the penalty, including any financial
gains resulting from the violation.
(2) Each
24-hour period a violation continues after the period of time established for compliance
will be considered a separate violation unless the Department finds a different
period of time is more appropriate to describe the specific violation event.
(3) Repeat
violations of OAR 603-021-0910 will be assessed as three times the penalty amount
in OAR 603-021-0910, not to exceed $10,000.
(4) A civil
penalty imposed under this rule will comply with ORS 183.745, except that the written
application for a hearing must be received by the department no later than 10 days
after the mailing or personal service of the notice of civil penalty.
Stat. Auth.: ORS
561.190, 625.995 & 635.995
Stat. Implemented:
ORS 625.995 & 635.995
Hist.: DOA
2-2013, f. & cert. ef. 2-7-13
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contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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