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DEPARTMENT OF AGRICULTURE
DIVISION 28
MEAT PRODUCTS AND ESTABLISHMENTS
General
603-028-0005
Definitions
In addition to the provisions and definitions set forth in ORS Chapters 616 and 619, a meat and meat products establishment is subject to the definitions set forth in OAR 603-025-0010.
(1) "Fat Content" means the amount of fat contained in a meat or meat product as determined by laboratory procedures and methods recommended and accepted by the Association of Official Analytical Chemists (AOAC).
(2) "Ground Beef" or "Chopped Beef" means chopped, fresh or frozen beef with a maximum fat content of 30 percent of the finished product weight.
(3) "Lean Ground Beef" means chopped, fresh or frozen beef with a maximum fat content of 22 percent of the finished product weight.
(4) "Extra Lean Ground Beef" means chopped, fresh or frozen beef with a maximum fat content of 16 percent of the finished product weight.
(5) "Hamburger" means chopped fresh or frozen beef with a maximum fat content of 30 percent of the finished product weight not containing corn syrup solids, corn syrup, or glucose syrup as seasoning, in excess of two percent of the finished product weight and with or without other beef fat.
(6) "Meat (species) Patty" or "Meat (species) Patty Mix" means a ground or chopped meat product, from one or more fresh or frozen meats, with a maximum fat content of 30 percent of the finished product weight, and a maximum added extender content of ten percent (on a dry weight basis) of the finished product weight. It may contain the following as additional optional ingredients:
(a) Water;
(b) Corn syrup solids, corn syrup, or glucose syrup as seasoning, not in excess of two percent of the finished product weight;
(c) Binders;
(d) Extenders (cereals, whey protein, soy protein, textured vegetable protein etc.), but if such is textured vegetable protein, it shall be fortified. Rehydrated extenders shall contain 70 percent or less water.
(7) "Fabricated (species) Steak," or "Formed (species) Steak," "Shaped (species) Steak," or "Molded (species) Steak" means a fabricated, formed, comminuted meat product from fresh or frozen meat of the species identified, with a maximum fat content of 30 percent of the finished product weight, and without the addition of water, extenders or binders. It may contain the following as additional optional ingredients:
(a) Other fat of the same species;
(b) Hydrolyzed plant protein or other flavorings.
(8) "Fresh Pork Sausage" means a coarse or finely comminuted meat product, from fresh or frozen pork meat, with a maximum fat content of 50 percent of the finished product weight, and may contain added seasonings (condimental substances), and added water or ice (to facilitate chopping or mixing) not to exceed three percent of the total ingredients used.
(9) "Fresh Beef Sausage" means a coarse or finely comminuted meat product, from fresh or frozen beef meat, with a maximum fat content of 30 percent of the finished product weight, and may contain added seasonings (condimental substances), and added water or ice (to facilitate chopping or mixing) not to exceed three percent of the total ingredients used.
(10) "Breakfast Sausage" means a coarse or finely comminuted meat product from fresh or frozen meat or meat-by-products, with a maximum fat content of 50 percent of the finished product weight, and may contain added seasonings (condimental substances), added water or ice (to facilitate chopping or mixing) not to exceed three percent of the total ingredients used, and extenders (cereals, whey protein, soy protein, textured vegetable protein or plant protein, etc.) not to exceed 3.5 percent of the finished product weight. If textured vegetable protein is used, it shall be fortified.
(11) "Beef Barbecue", "Barbecued Pork", or a similar barbecued product means a meat product cooked by the direct action of dry heat for a sufficient period of time to assume the usual characteristics of a barbecued article, including the formation of a brown crust on the surface and the rendering of surface fat. Such product may be basted or injected with a sauce during the cooking process.
(12) Only the terms "Lean" or "Extra Lean" may be used to describe the products identified in sections (4) and (5) of this rule.
(13) If beef cheek meat (trimmed beef cheeks) is used in the products identified in sections (3), (4), (5) and (6) of this rule, the amount of such shall not exceed 25 percent of the finished product weight, and if in excess of natural proportions, shall be declared on the package label or bulk display placard.
(14) Domesticated elk means North American wapiti (Cervus canadensis), Manitoban elk (Cervus elaphus manitobensis), Rocky Mountain elk (Cervus elaphus nelsoni), Roosevelt elk (Cervus elaphus roosevelti) and Tule elk (Cervus elaphus nannodes) that are born and raised in captivity.
Stat. Auth.: ORS 561, 616 & 619
Stats. Implemented: ORS 603.085, 619.031 & 619.046
Hist.: AD 1005(19-73), f. 12-5-73, ef. 12-25-73; AD 21-1990, f. & cert. ef. 11-27-90; DOA 13-2002, f. & cert. ef. 4-11-02; DOA 12-2007, f. & cert. ef. 7-2-07
Sanitation, Maintenance, and Construction
603-028-0100
Buildings
(1) Meat and Meat Product Establishments are subject to the provisions specified in OAR 603-025-0020, 603-025-0030 and 603-025-0150.
(2) In addition, Poultry and Rabbit Slaughterer/Processors are subject to the provisions of OAR 603-028-0605 and 603-028-0825.
(3) Lighting -- No illumination or display shall be of a type, color, or density that alters or distorts the appearance of a meat product to make it appear of better quality than the product actually is.
(4) Waste -- Unwholesome and inedible meat products shall be denatured prior to removal.
(5) Ready-to-eat smoked pork or meat products shall be processed at not less than 140 degrees F. for a sufficient length of time to destroy trichina and other toxigenic organisms. The smoking compartment shall be equipped with accurate (plus or minus 2 degrees F.), visible recording chart thermometers for recording internal product temperatures. An indicating thermometer shall be provided showing the ambient temperature of the smoking compartment. Each recording chart shall be maintained for at least one year from the date of recording, shall show the type and lot number of the meat product being smoked, the date thereof, and bear the signature of the person in charge.
(6) The carcasses or products of game animals, game birds or other non-meat animals shall not be:
(a) Stored in an establishment, unless apart from meat or meat products and securely enclosed in a clean wrapper or game bag;
(b) Prepared in any manner, except after completion of the daily preparation of meat or meat products, in which case the equipment and utensils utilized shall thereafter be cleaned and sanitized.
(7) Elk held for slaughter shall be kept in the most secure interior pens at the slaughter plant. These holding and transfer facilities shall be adequate to prevent escape of the animals.
Stat. Auth.: ORS 561, ORS 616 & ORS 619
Stats. Implemented: ORS 603.085, ORS 619.031 & ORS 619.046
Hist.: AD 1005(19-73), f. 12-5-73, ef. 12-25-73; AD 21-1990, f. & cert. ef. 11-27-90; DOA 13-2002, f. & cert. ef. 4-11-02
603-028-0212
General Controls
The operator of a slaughtering facility shall ensure that required blood and tissue samples, and any means of identification of domesticated elk slaughtered at that facility be collected and submitted to the Oregon Department of Agriculture.
Stat. Auth.: ORS 561 & ORS 603.085
Stats. Implemented:
Hist.: DOA 13-2002, f. & cert. ef. 4-11-02
Packaging, Labeling, Advertising, and Display
603-028-0300
Packaging
(1) Package coverings or wrapping of meat or meat products shall not be of a color, design, fabrication, or kind as to be misleading or deceptive with respect to the color, quality, nature, or kind of meat or meat product.
(2) Transparent or semi-transparent package wrappers, casings, or coverings of cured, cured and smoked, or cured and cooked sausage products, and sliced ready-to-eat meat products may be color-tinted or bear red designs, not to exceed 50 percent of such package wrapper, casing, or covering. However, the transparent or semi-transparent portion of the principal display panel shall be free of any color-tinting or red designs, and such principal display panel shall provide at least 20 percent unobstructed, clear space, consolidated in one area, so that the true color, quality, nature, or kind of meat product is visible.
(3) Meat or meat products shall not be packaged in such a manner as to hide from view undesirable or less costly portions, cuts or portions, cuts or portions of cuts of the meat, or meat products contained therein.
(4) Sliced bacon, other than that which is canned or packaged at the time of offering for retail sale, shall only be packaged in containers which provide the retail customer with a clear, unobstructed view of a substantial portion of a slice of bacon similar to that packaged therein, and such bacon shall not be packaged in such a manner as to make the whole package appear to be of better quality than it actually is.
(5) Except as otherwise provided in this rule, Meat and Meat Products shall be labeled in accordance with OAR 603-025-0020(17), 603-025-0080 and 603-025-0190, the Federal Wholesome Meat Act and the provisions contained in the Code of Federal Regulations specified in Title 9, Part 319, and at retail shall be labeled as recommended in the 1973 Uniform Retail Meat Identity Standards published by the National Livestock and Meat Board.
(6) A meat or meat product labeled with descriptive, comparative or superlative terms as to fat content, shall also be labeled with a qualifying statement indicating the percentage of fat content thereof. A reasonable variation between fat content in descending order shall be maintained if more than one such descriptive, comparative or superlative term is used. A bulk display placard may be used in lieu of labeling in this respect.
(7) The term "fresh" shall not be used on labels of a meat or meat product which:
(a) Contains any added nitrites, nitrates, or other preservatives;
(b) Has been salted for preservation, pickled, irradiated, heated or smoked;
(c) Has been frozen and thawed prior to retail sale.
(8) Pet animal food meat products shall be additionally labeled "Not For Human Consumption".
(9) Packaged fryers, whole or cut-up, not including giblets, shall be labeled "whole fryer without giblets". Packaged fryer parts labeled as specific parts shall not contain other parts of lesser value unless labeled to that effect ("breast with portion of ribs"; "thighs with portion of backs"; etc.).
(10) A meat and meat product advertisement shall conform with the requirements of sections (5), (6), and (7) of this rule, except for the ingredient declaration.
(11) A bulk display of meat or meat products shall include a clearly visible and legible placard prominently displayed immediately adjacent to such display, and such placard shall be of such a color contrast that it may be easily read. Such placard shall contain:
(a) The product name;
(b) A declaration of price per unit of weight;
(c) A percentage of fat if meeting the requirements of section (6) of this rule;
(d) Other statement as may be required by these regulations.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 561, 616 & 619
Stats. Implemented: ORS 603.085, 619.031 & 619.046
Hist.: AD 1005(19-73), f. 12-5-73, ef. 12-25-73; AD 21-1990, f. & cert. ef. 11-27-90; DOA 12-2007, f. & cert. ef. 7-2-07
Standards of Quality, Identity, and Composition
603-028-0405
Additives
(1) Proteolytic enzyme (tenderizers) substances may be used in raw meat or raw meat products, and if so used a declaration of this fact shall be included on the package label or bulk display placard.
(2) No non-meat substance, including, but not limited to, sulfite compounds, salts, or esters of sulfurous acids, benzoate compounds niacin compounds, ascorbates, nitrates, nitrites, artificial colorings, or flavorings, shall be used in raw meat or raw meat products unless specifically provided in these regulations.
Stat. Auth.: ORS 561.190, ORS 603.085, ORS 619.031 & ORS 619.046
Stats. Implemented: ORS 603.085, ORS 619.031 & ORS 619.046
Hist.: AD 1005(19-73), f. 12-5-73, ef. 12-25-73
Prohibitions
603-028-0500
Prohibited Acts
No operator or employee of an establishment shall:
(1) Fail to keep and maintain an establishment and equipment therein or thereon in a clean, healthful, and sanitary condition as required by subsection (1) of ORS Chapter 619 (Section 5, Chapter 174, Oregon Laws 1973) and OAR 603-028-0100.
(2) Prepare, sell, offer, or hold for sale any meat or meat product that is:
(a) Misbranded as defined in subsection (1) of ORS 619.010 and subsections (1), (7), (8), and (10) of ORS 616.250, and as prescribed in OAR 603-028-0300;
(b) Adulterated as defined in subsections (1) and (2) of ORS 616.235, and as prescribed in OAR 603-028-0300 and 603-028-0405.
(3) Prepare, sell, offer, or hold for sale domesticated elk meat or meat by-products where the slaughtering and processing has not been conducted in establishment inspected and certified for wholesomeness by the U.S. Department of Agriculture or a successor agency.
Stat. Auth.: ORS 561, 603 & 619
Stats. Implemented: ORS 603.085, 619.031 & 619.046
Hist.: AD 1005(19-73), f. 12-5-73, ef. 12-25-73; AD 13-1978, f. & ef. 9-5-78; AD 21-1990, f. & cert. ef. 11-27-90; DOA 13-2002, f. & cert. ef. 4-11-02; DOA 7-2006, f. & cert. ef. 3-10-06
Requirements for Meat Establishment Licensees, Including Custom Slaughtering and Processing Establishments
General
603-028-0600
Definitions
(1) In addition to the definitions set forth in ORS Chapter 603, a custom meat establishment is subject to the definitions set forth in OAR 603-025-0010.
(2) "Mobile custom slaughtering establishment" means a custom slaughtering establishment consisting of a truck, trailer, or other vehicle, and the equipment and utensils situated therein or thereon.
Stat. Auth.: ORS 561, ORS 616 & ORS 619
Stats. Implemented: ORS 603.085, ORS 619.031 & ORS 619.046
Hist.: AD 1004(18-73), f. 12-5-73, ef. 12-25-73; AD 21-1990, f. & cert. ef. 11-27-90
603-028-0605
Sanitation, Maintenance, and Construction by Licensees
(1) Stationary Custom Establishments are subject to the General Requirements outlined in OAR 603-025-0020 and 603-025-0150. In addition a stationary custom slaughtering establishment shall comply with the following:
(a) Provide a holding pen of sufficient size to hold the number of meat animals comprising an average day's slaughter. It shall have a concrete floor sloped to a drain meeting the Oregon State Plumbing Code. The pen interior shall be free of projecting nails or other hazards to the penned animals. The chute from the holding pen to the knocking box shall also have a concrete floor;
(b) Provide a knocking box having a concrete floor curbed at its outside and forward edges, and sloped so as to drain to the kill floor (unless sloped to a dry landing area thereof). Doors or gates to the knocking box shall be hinged or pivoted and of metal or metal-covered material. Walls shall be of masonry or metal material;
(c) Provide a kill room having a concrete floor sloped to a drain meeting the Oregon State Plumbing Code. Walls and ceilings shall be of smooth, impervious material, with the junctions of floors and walls to be covered and tight. It shall have hot and cold water supplies with overhead and wall outlets;
(d) Provide an inedible offal room of sufficient size to hold the offal from the largest day's slaughter. It shall have an exterior, screened and ventilated, and hot and cold water supplies. Doors from the kill room and through which the offal is removed shall be of metal or metal-covered material, and the latter door shall be self-closing. It shall not contain any wooden structure or equipment except in the ceiling area;
(e) Special purpose rooms (for offal separating, hide storage, freezer, etc.) may also be a part of the establishment if designed and constructed in accordance with the requirements of the Department relating to its intended use. If inedible offal is to stored for longer than 18 hours, refrigeration shall be provided in the storage area.
(2) Mobile Custom Slaughtering Establishments are subject to the applicable provisions of OAR 603-025-0020. In addition it shall be constructed and equipped in accordance with the following:
(a) It shall have a van-type body enclosing and covering the unit, excluding the driver's cab and hoist, and surfaces constructed from non-rusting metal or sheet metal painted with smooth enamel or lacquer. Wood may only be used as internal framing or spacing materials between double non-wooden walls. It shall be designed and constructed so as to prevent the entry of contaminants (dirt, dust, insects, etc.) and to allow the exterior and interior to be easily cleanable and sanitized;
(b) It shall have a metal interior lining, or other material approved by the department, with the junctions of facing surfaces to be smoothly welded or soldered (or rolled and soldered) and spatter removed. All interior corners shall be rounded. Caulking compounds shall not be substituted for welding or soldering. The interior facing surfaces shall not be required to be painted if they are made of stainless or galvanized steel in good condition. The minimum metal gauges for interior facing surfaces are 14 for aluminum, 16 for sheet metal, and 17 for stainless steel. Fiberglass reinforced resin or aluminum alloys are permitted upon approval by the Department. Insulation shall be non-absorbent;
(c) It shall have the following minimum interior dimensions (excluding space for tanks and other affixed or mounted equipment):
(A) Height of six feet;
(B) Length of six feet;
(C) Width of four feet for single center hanging rail, or six feet for double hanging rails.
(d) It shall have affixed a metal hoist of not less than 1-1/2 tons capacity, capable of lifting carcasses to above 12 inches from the ground (for purposes of bleeding and evisceration). Such hoist shall be situated so that carcasses suspended therefrom do not contact the truck or trailer body, and shall be equipped with a metal beef spreader;
(e) It shall contain a sanitizing tank of rust resistant metal and of sufficient size to immerse all tools (knives, cleavers, saws, hooks, etc.) and pans used in slaughter operations. It shall be filled with potable water of at least 180 degrees F. during all of the slaughter operations. This requirement does not preclude any other sanitization process approved by the Department;
(f) It shall contain a water tank of rust resistant metal, with at least a 100 gallon capacity, and with at least one spigot (for handwashing and general water supply), and at least one hose with nozzle (for washing of carcasses). It shall contain at least 50 gallons of potable water, under at least 60 pounds per square inch pressure, prior to commencing the slaughter operations. Such pressure shall be maintained during all of the slaughter operations;
(g) A smaller mobile custom slaughtering establishment may be used solely for the slaughter of animals of 400 lbs. or less live weight with the following exceptions from the above requirements:
(A) The interior dimensions of the vehicle may be five feet in height and four feet in width with a single center hanging rail;
(B) It may have affixed a metal hoist of not less than 3/4 ton capacity;
(C) It shall have a water tank of rust resistant metal with at least a 60 gallon capacity which shall contain at least 30 gallons of potable water.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 561, ORS 616 & ORS 619
Stats. Implemented: ORS 603.085, ORS 619.031 & ORS 619.046
Hist.: AD 1004(18-73), f. 12-5-73, ef. 12-25-73; AD 21-1990, f. & cert. ef. 11-27-90
603-028-0615
Federal Inspection
Custom slaughtering or custom processing establishments subject to the inspection and authority of the U.S. Department of Agriculture pursuant to the Federal Meat Inspection Act, as defined in ORS Chapter 619, or the Federal Poultry Inspection Act, and if directed by federal authorities to do so, shall comply with the requirements of said Act and regulations thereunder applicable to such establishments.
Stat. Auth.: ORS 561, ORS 616 & ORS 619
Stats. Implemented: ORS 603.085, ORS 619.031 & ORS 619.046
Hist.: AD 1004(18-74), f. 12-5-73, ef. 12-25-73; AD 21-1990, f. & cert. ef. 11-27-90
Labeling, Reports and Records
603-028-0700
Labeling by Custom Slaughtering Establishments
(1) A custom slaughtering establishment shall label or firmly affix a tag to the carcass and each part therefrom, before removal from the vehicle in the case of a mobile establishment or before removal from the kill floor in the case of a stationary establishment, with the following:
(a) The name and address of the custom slaughtering establishment;
(b) The name of the owner of the article;
(c) The terms "Not for Sale" in letters at least 3/8 inch in height; and
(d) The date of slaughter.
(2) The certificate required by ORS 603.045 shall be prepared in duplicate by the custom slaughtering establishment, with one copy of each certificate retained by the establishment and the other copy of each certificate submitted to the Department at the time of hide inspection.
(3) The records required to be kept by ORS 603.045(7) shall be retained by the custom establishment for a period of six months from the date of slaughter.
(4) A custom processing establishment, whether operated in conjunction with a retail meat seller establishment, a custom slaughtering establishment, or otherwise, shall label each individual package or each outside container, or parts of meat and meat products, immediately after preparation with the following:
(a) Symbols, numbers, names, or other marks so as to insure the identity of the owner and that such meat products are those of said owner;
(b) Only at the request of the owner, the name of the owner of the meat products;
(c) The name of the package contents (grounds beef, ribs, roasts, etc.);
(d) Label all packages in accordance with ORS 603.045.
Stat. Auth.: ORS 561, ORS 616 & ORS 619
Stats. Implemented: ORS 603.085, ORS 619.031 & ORS 619.046
Hist.: AD 1004(18-73), f. 12-5-73, ef. 12-25-73; AD 21-1990, f. & cert. ef. 11-27-90
1,000 Poultry Slaughter Exemptions
603-028-0710
Definitions
In addition to the definitions
in ORS Chapter 616 and OAR 603-025-0010, unless otherwise required by the context,
the following terms will be construed, respectively, to mean:
(1) “Approved” means
acceptable to the Department based on the determination of conformity with principles,
practices, and generally recognized standards that protect public health.
(2) “Department”
means the Oregon Department of Agriculture.
(3) “Domesticated”
means born and raised in captivity so as to live and breed in a tame condition.
(4) “Off-Farm Direct Sale”
means sold and delivered to the end-user of the poultry product by the poultry producer.
(5) “On-Farm Direct Sale”
means sold and delivered to the end-user of the poultry product at the poultry business.
(6) “Open date”
means a date clearly visible to retail consumers showing the pull date or packing
date.
(7) "Poultry," for the purposes
of this section, means:
(a) Domesticated species of
birds subject to mandatory or voluntary inspection by the Department or the United
States Department of Agriculture that are commonly used as a food source; including:
chickens, turkeys, ducks, geese, or guinea fowl, whether live or dead.
(b) Poultry does not include
ratites, endangered or protected species, wild game birds, non-game wild birds,
or pet birds, whether live or dead.
(8) “Poultry business”
means the land and improvements within the contiguous property boundary where the
slaughter of the poultry being sold has occurred.
(9) “Poultry product”
means a whole poultry carcass or part thereof, which is processed for use as human
food to the extent that feathers and offal are removed and may include the re-addition
of the poultry’s gizzards or giblets.
(10) “Slaughtering Facility”
means an area where the poultry slaughter, processing or packaging takes place.
Stat. Auth.: ORS 561.020, 619.046
& (HB 2872 enrolled)
Stats. Implemented: ORS 603.085
& 619.046
Hist.: DOA 10-2012, f. &
cert. ef. 5-15-12
603-028-0715
Intent
(1) It is the intent of the
Department’s Food Safety Division to promote and enable the Oregon State Legislature’s
directive to encourage Oregon-grown poultry production for consumption in the state
of Oregon by Oregonians.
(2) Therefore, the Department
promulgates two poultry slaughter exemptions. Poultry businesses may qualify for
either the Off-Farm Direct Sale Exemption or the On-Farm Direct Sale Exemption.
A person claiming both exemptions within a calendar year shall not slaughter more
than 1,000 poultry in that calendar year. A poultry business that qualifies for
either exemption shall comply with OAR 603-028-0740.
(3) A poultry business that
sells poultry from the poultry business, at farmers’ markets, or through other
direct sales involving off-farm delivery to customers should refer to the Off-Farm
Direct Sale and sanitation requirements found in OAR 603-028-0720 and 603-028-0725.
(4) A poultry business that
sells poultry only from the poultry business should refer to the On-Farm Direct
Sale Exemption and sanitation requirements found in OAR 603-028-0730 and 603-028-0735.
Stat. Auth.: ORS 561.020, 561.190,
619.046 & (HB 2872 enrolled)
Stats. Implemented: ORS 561.020,
603.085, 619.046
Hist.: DOA 10-2012, f. &
cert. ef. 5-15-12
603-028-0720
Off-Farm Direct Sale
Exemption
(1) A person is not required
to obtain a license under ORS 603.025 or 616.706 if:
(a) During a calendar year,
the person slaughters a total of 1,000 or fewer poultry of all species combined;
and
(b) The person performing the
slaughter raised the poultry since the poultry was two weeks of age or younger;
and
(c) The poultry are free from
disease; and
(d) The poultry are for use
as human food; and
(e) The person maintains sanitary
records under OAR 603-028-0740; and
(f) The person slaughters the
poultry at the person’s slaughter facility meeting the sanitary requirements
of OAR 603-028-0725 and does not allow other persons to use the slaughter facility.
(2) Poultry may not be adulterated
or misbranded in accordance with ORS 616.205 to 616.385.
(3) Persons claiming the exemption
under this section may slaughter and process only their own poultry and sell the
shell eggs of such poultry.
(a) Poultry must be sold as
a whole carcass; and
(b) Shell eggs will be labeled
with the open date in accordance with ORS 616.800 to 616.835 (Open Date Labeling).
(4) Poultry and poultry products
may not enter into interstate commerce and will be labeled with legible typed lettering
a minimum of 0.25 inches in height “THIS PRODUCT MAY NOT LEAVE THE STATE OF
OREGON”.
(5) The licensing exemptions
contained in this section apply only to activities directly related to poultry and
poultry products. Activities relating to food other than poultry or poultry products
remain subject to licensing by the Department.
Stat. Auth.: ORS 561.190 &
616
Stats. Implemented: ORS 616.835
& (HB 2872 enrolled)
Hist.: DOA 10-2012, f. &
cert. ef. 5-15-12
603-028-0725
Sanitation Standards
A person claiming the exemption
of OAR 603-028-0720 must slaughter the poultry in slaughtering facilities and conduct
activities in accordance with ORS 619.026 and OAR 603-028-0100 on the premises of
the person’s poultry business.
Stat. Auth.: ORS 561, 616 &
619
Stats. Implemented: ORS 603.085,
619.046 & (HB 2872 enrolled)
Hist.: DOA 10-2012, f. &
cert. ef. 5-15-12
603-028-0730
On-Farm Direct Sale Exemption
(1) A person is not required
to obtain a license under ORS 603.025 or 616.706 if:
(a)
During a calendar year, the person slaughters a total of 1,000 or fewer poultry
of all species combined; and
(b) The person performing the slaughter
raised the poultry since the poultry was two weeks of age or younger; and
(c) The poultry are free from
disease; and
(d) The poultry are for use
as human food; and
(e) The person maintains sanitary
records in accordance with OAR 603-028-0740; and
(f) The person slaughters the
poultry at the person’s slaughter facility meeting the sanitary requirements
of OAR 603-028-0735 and does not allow other persons to use the slaughter facility
for any other purpose; and
(g) The poultry products are
sold exclusively via on-farm sale.
(2) Poultry may not be adulterated
or misbranded in accordance with ORS 616.205 to 616.385.
(3) A person claiming this exemption
may not engage in buying or selling poultry products other than those produced from
poultry raised on his or her own farm.
(a) Poultry must be sold as
a whole carcass; and
(b) Shell eggs will be labeled
with the open date in accordance with ORS 616.800 to 616.835 (Open Date Labeling).
(4) Poultry and poultry products
may not enter into interstate commerce and will be labeled with legible typed lettering
a minimum of 0.25 inches in height “THIS PRODUCT MAY NOT LEAVE THE STATE OF
OREGON”.
(5) The licensing exemptions
contained in this section apply only to activities directly related to poultry and
poultry products. Activities relating to other than poultry or poultry products
remain subject to licensing by the Department.
Stat. Auth.: ORS 561.020, 561.190,
616.835 & 619.046
Stats. Implemented: ORS 561.020,
603.085, 616.835 & 619.046
Hist.: DOA 10-2012, f. &
cert. ef. 5-15-12
603-028-0735
Sanitation Standards
(1) A person claiming the exemption
of OAR 603-028-0730 will be exempt from the requirements of ORS 619.026 and OAR
603-028-0100 if the poultry slaughter and processing are conducted on the person’s
poultry business premises, under sanitary standards, practices, and procedures that
produce poultry products that are sound, clean, and fit for human food (not adulterated).
(2) The slaughter facility must
be reasonably protected from potential contaminants such as dust, mud, pests and
all other adulterants. The protection can be as minimal as a combination of tarps,
canopies and floor mats.
Stat. Auth.: ORS 561.020, 561.190
& 619.046
Stats. Implemented: ORS 561.020,
603.085 & 619.046
Hist.: DOA 10-2012, f. &
cert. ef. 5-15-12
603-028-0740
Records and Enforcement
(1) The person claiming license
exemption under OAR 603-028-0720 or 603-028-0730 will maintain clear and understandable
records at the poultry business that:
(a) Demonstrate the person raised
the poultry since the poultry was two weeks of age or younger;
(b) Calculate the year-to-date
cumulative total of each species and total quantity of poultry slaughtered;
(c) Contain the date of slaughter;
(d) Contain sales information
including the:
(A) Purchaser’s name and
address;
(B) Species and quantity of
poultry sold;
(C) Date of the poultry’s
slaughter and the date of sale; and
(D) Address of the poultry business.
(e) Demonstrate adequate sanitation
measures as required to include:
(A) Daily cleaning logs regarding
any and all slaughter dates;
(B) Ware washing cleaning logs;
(C) Lists of chemicals used
in the sanitation of the facility;
(D) Other records as required
by the Department.
(2) Records shall be maintained
for two calendar years following the last dated activity recorded and shall be made
available to the Department upon request.
(3) At the Department’s
discretion, the Department may conduct an unscheduled inspection of an exempt poultry
slaughtering facility and its records. If deemed necessary for food safety, the
Department may take regulatory action, which may include mandatory licensing.
(4) A person claiming exemption
from ORS 603.025 or 616.706 will not be an approved food source.
Stat Auth.: ORS 561.190, 616.835
& (HB 2872 Enrolled)
Stat. Implemented: ORS 603.085
& (HB 2872 Enrolled)
Hist.: DOA 10-2012, f. &
cert. ef. 5-15-12
Mobile Custom Slaughtering Establishments
603-028-0810
Conditions of Transportation and Slaughter
(1) No carcass shall be transported in a mobile custom slaughter unit unless it is hung free from contact with the unit floor, and tagged as prescribed in OAR 603-028-0700.
(2) No carcass, other than a scalded and dehaired hog carcass, shall be dressed or transported in a mobile custom slaughter unit with the hide on.
(3) Meat by-products shall be transported in a mobile custom slaughter unit in clean and sanitary containers, of material approved by the Department, with secure coverings or lids.
(4) Inedible offal shall be transported in a mobile custom slaughter unit in clean and sanitary containers (barrels, tubs, etc.), of easily cleaned and durable rubber, plastic, or rust resistant metal materials, which shall be situated in a metal lined compartment separated from the area of the unit used for the slaughter operations. In lieu of the preceding, such offal may be transported in a clean, sanitary, covered watertight trailer of a design approved by the Department.
(5) No horse carcass, or parts thereof, shall be transported in a mobile custom slaughter unit.
(6) No slaughter of a meat animal in a mobile custom slaughter unit while other carcasses are hanging therein shall be performed unless the unit doors are closed or the area in which such carcasses are situated is separated from the area used for the slaughter operation.
Stat. Auth.: ORS 561.190, ORS 603.085, ORS 619.031 & ORS 619.046
Stats. Implemented: ORS 603.085, ORS 619.031 & ORS 619.046
Hist.: AD 1004(18-73), f. 12-5-73, ef. 12-25-73
Stationary Custom Slaughtering Establishments
Custom Processing Establishments
603-028-0825
Construction and Equipment
(1) A custom processing establishment is subject to the requirements specified in OAR 603-025-0020, 603-025-0030 and 603-025-0150.
(2) These requirements are not in lieu or any requirements specified in the Federal Wholesome Meat Act and those contained in the CFR Title 9, Chapter 3, Part 308.
Stat. Auth.: ORS 561, ORS 616 & ORS 619
Stats. Implemented: ORS 603.085, ORS 619.031 & ORS 619.046
Hist.: AD 1004, f. 12-5-73, ef. 12-25-73; AD 21-1990, f. & cert. ef. 11-27-90
Game Meat Processing
603-028-0845
Definitions
The following definitions shall apply to OAR 603-028-0845 to 603-028-0865:
(1) "Fit for human consumption" means game meat:
(a) That is from an animal killed by a weapon, the carcass of which is free of visible disease or parasite lesions; or
(b) That is from an animal killed by a collision with a motor vehicle, the carcass of which is free of excessive parasite lesions, visible disease and rigor mortis, and which has been bled and eviscerated immediately after being killed or has an internal temperature of 101 degrees F. or greater at the time of its inspection.
(2) "Game meat" means meat, as defined in ORS 619.010(14), of antelope, Bighorn sheep, deer, elk, moose or Mountain goat, but does not include domesticated elk as defined in OAR 603-28-0005(14).
(3) "Inspector" means an employee of the State Department of Fish and Wildlife, of the State Police, or of the State Department of Agriculture, who has been certified to examine game meat under OAR 603-028-0860(1), or a licensed veterinarian.
Stat. Auth.: ORS 561, ORS 616 & ORS 619
Stats. Implemented: ORS 603.085, ORS 619.031 & ORS 619.046
Hist.: AD 5-1984, f. & ef. 4-17-84; AD 21-1990, f. & cert. ef. 11-27-90; DOA 13-2002, f. & cert. ef. 4-11-02
603-028-0850
Licensing Requirements for Game Meat Processing
(1) An establishment, not otherwise licensed under ORS 603.025(4)(b) or (d), that desires to process game meat to be used by the establishment or other charitable organization for human consumption under the provisions of ORS 619.095(1), shall obtain and maintain a license to operate a custom processing establishment under ORS 603.025(4)(d). In order to obtain and maintain such a license, the establishment shall be constructed, operated, maintained and equipped in accordance with OAR 603-028-0825.
(2) In order to assist the State Department of Fish and Wildlife and the State Police in carrying out their inspections as to the fitness of game meat for human consumption under ORS 619.095(1), and the designation of approved charitable organizations or public institutions by the State Department of Fish and Wildlife under ORS 619.095(2)(a), the Department shall furnish such state agencies with the names of the establishments licensed to process game meat, on a semi-annual basis.
Stat. Auth.: ORS 561, ORS 616 & ORS 619
Stats. Implemented: ORS 603.085, ORS 619.031 & ORS 619.046
Hist.: AD 5-1984, f. & ef. 4-17-84; AD 21-1990, f. & cert. ef. 11-27-90; DOA 12-2007, f. & cert. ef. 7-2-07
603-028-0855
Labeling Requirements for Game Meat
(1) Upon inspection of game meat and a determination that it is fit for human consumption, the inspector shall firmly affix a copy of the official inspection tag prescribed by the Department (see Exhibit 1) to the animal carcass and each part therefrom.
(2) In lieu of the provisions of OAR 603-028-0700, a custom processing establishment that processes game meat, whether operated in conjunction with charitable organization or otherwise, shall label each individual package or each outside wrapper or container of game meat with the following:
(a) The terms "Game Meat" and "Not For Sale" in letters at least 3/8" in height;
(b) The name and address of the custom processing establishment;
(c) The identity of the species of the game meat animal; and
(d) The identity of the package contents (e.g., ribs, roasts, etc.).
[ED. NOTE: The Exhibit(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]
Stat. Auth.: ORS 561, ORS 616 & ORS 619
Stats. Implemented: ORS 603.085, ORS 619.031 & ORS 619.046
Hist.: AD 5-1984, f. & ef. 4-17-84; AD 21-1990, f. & cert. ef. 11-27-90
603-028-0860
Game Meat Inspection Procedures
(1) In order to qualify to inspect game meat for the purpose of determining its fitness for human consumption, under the provisions of ORS 619.095, employees of the State Department of Fish and Wildlife and of the State Police shall be certified to have successfully completed one of the inspectional training courses conducted by the Department. The certification shall be valid for three years from issuance. The certification may be renewed by submitting an application therefore and attending an inspectional refresher course conducted by the Department.
(2) The inspection of game meat and the determination of its fitness for human consumption shall be carried out in accordance with the training provided by the Department, as applicable to the inspection of game meat, (in consideration of the differences between game meat animals and domestic meat animals), and may include but not be limited to a visual examination of the animal carcass and, if examined after processing of the carcass, of the muscle tissue, heart, lungs, liver, spleen, mesentery and lymph nodes for discoloration, bruises, abscesses or other evidence of disease, and for excessive parasite lesions.
Stat. Auth.: ORS 561 & 619
Stats. Implemented: ORS 603.085, 619.031 & 619.046
Hist.: AD 5-1984, f. & ef. 4-17-84; DOA 12-2007, f. & cert. ef. 7-2-07
603-028-0865
Game Meat Inspection Reports
On or before the 10th day of each month, a copy of each completed official inspection tag for the prior month shall be submitted to the Department by the agencies employing inspectors.
Stat. Auth.: ORS 561 & ORS 619
Stats. Implemented: ORS 603.085, ORS 619.031 & ORS 619.046
Hist.: AD 5-1984, f. & ef. 4-17-84
Civil Penalties
603-028-0900
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, 603.995 & 619.996
Stat. Implemented:
ORS 603.995 & 619.996
Hist.: DOA
2-2013, f. & cert. ef. 2-7-13
603-028-0910
Definitions
As used in OAR 603-028-0920
through 603-028-0930, in addition to the definitions set forth in OAR 603-028-0005
and 603-028-0600, the following shall apply:
(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.
(6) “Same,”
with respect to violations, means an identical recurrence, exact repetition, or
a continuation of a previous violation.
(7) "Violation"
means the failure to comply with any requirement of ORS Chapter 603 or 619 or any
rules adopted thereunder.
Stat. Auth.: ORS
561.190, 603.995 & 619.996
Stat. Implemented:
ORS 603.995 & 619.996
Hist.: DOA
2-2013, f. & cert. ef. 2-7-13
603-028-0920
Schedule
of Civil Penalties
In addition to any
penalty available under ORS 561.190, 603.992, or 619.993 the Department may impose
a civil penalty with respective amounts for:
(1) Selling,
offering to sell, or exposing for sale meat products, or engaging in any activity
described or identified in ORS 603.025(4) without first obtaining and maintaining
a license from the Department. Penalty — $5,000 to $10,000.
(2) Failure
to carry a surety bond meeting the requirements of ORS 603.025(3) with one or more
corporate sureties authorized to do business in this state, or an irrevocable letter
of credit issued by an insured institution, as defined in ORS 706.008. Penalties:
(a) Minor
— $2,500 to $5,000;
(b) Moderate
— $5,001 to $7,500; or
(c) Major
— $7,501 to $10,000.
(3) Failure
to display the license required in ORS 603.025 in a conspicuous manner at the address
shown on the license. Penalty — $100.
(4) Buying
or selling carcasses of meat animals, meat or meat products capable of use as human
food that are not marked, tagged or otherwise identified as inspected meat or meat
products as required by ORS Chapter 619. Penalties:
(a) Minor
— $1,000 to $4,000;
(b) Moderate
— $4,001 to $7,000; or
(c) Major
— $7,001 to $10,000.
(5) Failure
to comply with the custom slaughtering establishment requirements as required in
ORS 603.045(2) – (7) or the provisions of OAR 603-028-0700, 603-028-0810,
or 603-028-0825. Penalties:
(a) Minor
— $500 to $3,500;
(b) Moderate
— $3,501 to $6,500; or
(c) Major
— $6,501 to $10,000.
(6) The owner
or occupier of premises where animals are slaughtered permitting the same to remain
unclean, to the extent that it constitutes a health hazard as explained in ORS 603.059.
Penalties:
(a) Minor
— $1,000 to $4,000;
(b) Moderate
— $4,001 to $7,000; or
(c) Major
— $7,001 to $10,000.
(7) Violation
of the slaughter methods prescribed in ORS 603.065(1)-(2). Penalty — $5,000
to $10,000.
(8) Violation
of the sanitation requirements of ORS 619.026. Penalties:
(a) Minor
— $1,000 to $4,000;
(b) Moderate
— $4,001 to $7,000; or
(c) Major
— $7,001 to $10,000.
(9) Interference
with lawful inspections by the Department as authorized by ORS 619.036(1) and (3).
Penalty — $5,000 to $10,000.
(10) Interference
with the lawful seizure, embargo, or detention of any food commodity, or lawful
quarantine any building, equipment, vehicle or facility found upon inspection or
test to be in violation of ORS 619.026 to 619.066 or of any rule adopted under ORS
619.026 to 619.066. Penalty — $5,000 to $10,000.
(11) Unapproved
removal of a Department posted notice, or continued use of an establishment or vehicle
when condemned by the Department as authorized in ORS 619.041. Penalty — $5,000
to $10,000.
(12) Having
in the person’s possession for any reason or purpose unwholesome meat or meat
products that are not denatured and properly identified as explained in ORS 619.051(1).
Penalty — $1,000 to $5,000.
(13) Carrying
or transporting, by vehicle or otherwise, the carcass or meat of any meat animal
destined for sale or distribution as food, that is not thoroughly protected from
dust, dirt, flies or other contaminants as explained in ORS 619.051(2). Penalty
— $1,000 to $5,000.
(14) Selling,
holding or offering for sale any meat product if such meat product is from a meat
animal not slaughtered under the auspices of the meat and poultry inspection program
of the United States Department of Agriculture if federal regulations have been
established for the inspection of the meat animal as explained in ORS 619.051(3).
Penalty — $5,000 to $10,000.
(15) Failure
to perform trichinae treatments as required in ORS 619.056. Penalties:
(a) $1,000
to $4,000;
(b) $4,001
to $7,000; or
(c) $7,001
to $10,000.
(16) Any
person operating a retail meat seller establishment, as defined in ORS Chapter 603,
in conjunction with a custom slaughtering establishment or custom processing establishment
failing to mark, tag or identify all individually wrapped packages or containers
of meat or meat products slaughtered, wrapped, prepared or handled for the owner
of a meat animal, at the time and in the manner deemed necessary by the Department
as explained in ORS 619.061. Penalty — $500 to $5,000.
(17) Violation
of the provisions of ORS 619.355, 619.360, 619.365, or 619.370, relating to fryers.
Penalty — $500 to $5,000.
(18) Willful
violation of ORS 619.421, relating to lamb. Penalty — $500 to $5,000.
(19) Violation
of OAR 603-028-0300, relating to packaging, labeling, advertising, and display.
Penalties:
(a) Minor
— $500 to $4,000;
(b) Moderate
— $4,001 to $7,000; or
(c) Major
— $7,001 to $10,000.
(20) Violation
of OAR 603-028-0405, relating to additives in raw meat and raw meat products. Penalty
— $500 to $5,000.
(21) Violation
of OAR 603-028-0500, relating to prohibited acts. Penalty — $5,000 to $10,000.
Stat. Auth.: ORS
561.190, 603.995 & 619.996
Stat. Implemented:
ORS 603.995 & 619.996
Hist.: DOA
2-2013, f. & cert. ef. 2-7-13
603-028-0930
Penalty factors;
procedure
(1) In imposing
a penalty pursuant to the schedule adopted pursuant to ORS 603.995 or 619.996, 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 meat or meat related activities.
(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 603-028-0910 will be assessed as three times the penalty amount
in OAR 603-028-0910, 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, 603.995 & 619.996
Stat. Implemented:
ORS 603.995 & 619.996
Hist.: DOA
2-2013, f. & cert. ef. 2-7-13
The official copy of an Oregon Administrative Rule is
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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