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DEPARTMENT OF AGRICULTURE









 

DIVISION 17
REFRIGERATED LOCKERS
Recording Thermometers and Charts

603-017-0010
Statement of Purpose
Pursuant to authority vested in the Department of Agriculture under ORS 628.350, the following rules and regulation for the purpose of OAR 603-025-0020 to 603-025-0050 are for the purpose of regulating and licensing the operation of refrigerated locker plants.
Stat. Auth.: ORS 628

Stats. Implemented: ORS 628.350

Hist.: AD 286, f. 7-9-47, ef. 7-10-47
603-017-0020
Recording Thermometer
Recording thermometer shall be of the electric self-starting type enclosed in a moisture-proof case, permanently fastened to the substantial wall in vestibule or waiting room, five feet from the floor so that the recording chart is visible at all times. Instrument must be kept locked at all times except for changing the dial, inking, or repairing.
Stat. Auth.: ORS 628

Stats. Implemented: ORS 628.350

Hist.: AD 286, f. 7-9-47, ef. 7-10-47
603-017-0030
Sensitive Bulb
The sensitive bulb shall be located in the locker room not less than eight feet from any door or blower, not less than 15 inches from any wall, not less than 30 inches from any plates or coils, and at least 12 inches from the ceiling. The bulb shall not be directly in front of any door or blower.
Stat. Auth.: ORS 628

Stats. Implemented: ORS 628.350

Hist.: AD 286, f. 7-9-47, ef. 7-10-47
603-017-0040
Chart
The chart shall make one complete revolution in seven days, shall be graduated hourly and daily and must be not less than 10 inches in diameter.
(1) Lowest temperature reading must be on the outer edge of the chart.
(2) Accuracy. Zero shall be within one degree plus or minus.
(3) Charts must be changed each week, properly dated, signed by Plant Manager, and be made available for inspection for at least one year.
Stat. Auth.: ORS 628

Stats. Implemented: ORS 628.350

Hist.: AD 286, f. 7-9-47, ef. 7-10-47
603-017-0050
Chart Rotating Device
Chart rotating device shall be fitted with perforating pins preventing rotation except by means of the electric clock in the case.
Stat. Auth.: ORS 628

Stats. Implemented: ORS 628.350

Hist.: AD 286, f. 7-9-47, ef. 7-10-47
Civil Penalties
603-017-0900
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, 628.350, 628.995

Stat. Implemented:
ORS 628.995

Hist.: DOA
2-2013, f. & cert. ef. 2-7-13
603-017-0910
Definitions
As used in OAR 603-017-0920
through 603-017-0930, unless otherwise required by the context, the following terms
will be construed to mean:
(1) "Department"
means the Oregon Department of Agriculture.
(2) “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.
(3) “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.
(4) “Minor,”
with respect to violations, means an incident, or series of incidents that are not
likely to cause adverse health consequences.
(5) “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.
(6) "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 628.210 to 628.370 or any
rule adopted thereunder.
Stat. Auth.: ORS
561.190, 628.350, 628.995

Stat. Implemented:
ORS 628.995

Hist.: DOA
2-2013, f. & cert. ef. 2-7-13
603-017-0920
Schedule
of Civil Penalties
In addition to any
penalty available under ORS 561.190 or 628.990, the Department may impose a civil
penalty with respective amounts for:
(1) Owning,
operating, or offering the services of any refrigerated locker plant without obtaining
a license as explained in ORS 628.220 for each place of business from the Department.
Penalty — $5,000 to $10,000.
(2) Failure
to conspicuously display the license in the licensed plant at all times pursuant
to ORS 628.220. Penalty — $100.
(3) Operating
a refrigerated locker business at any address other than the address stated in the
application submitted pursuant to ORS 628.230. Penalties:
(a) Minor
— $100 to $3,500;
(b) Moderate
— $3,501 to $7,000; or
(c) Major
— $7,001 to $10,000.
(4) Permitting
a person who has a communicable or infectious disease to work in or about any refrigerated
locker plant, or to handle any food in connection with the operation of such plant
in violation of ORS 628.270(2). Penalty — $500 to $5,000.
(5) Interference
with a lawful inspection under authority of ORS 628.280. Penalty — $5,000
to $10,000.
(6) Failure
to maintain sanitary and safety requirements of ORS 628.290. Penalties:
(a) Minor
— $1,000 to $4,000;
(b) Moderate
— $4,001 to $7,000; or
(c) Major
— $7,001 to $10,000.
(7) Failure
to maintain adequate equipment, temperatures, or records as required in ORS 628.300.
Penalty — $500 to $5,000.
(8) Failure
to use nontoxic ink or other harmless substance to apply marks directly to meat
or other food products as explained in ORS 628.310. Penalty — $100 to $5,000.
(9) Failure
to identify any fresh carcass meats with a suitable tag or stamp, and place all
meats that have not been previously chilled in a chill room for at least 24 hours
before removal to the cutting room as explained in ORS 628.330. Penalty —
$100 to $5,000.
(10) Failure
to handle fish and wild game consistent with the provisions of ORS 628.340. Penalty
— $500 to $5,000.
Stat. Auth.: ORS
561.190, 628.350, 628.995

Stat. Implemented:
ORS 628.995

Hist.: DOA
2-2013, f. & cert. ef. 2-7-13
603-017-0930
Penalty Factors;
Procedure
(1) In imposing
a penalty pursuant to the schedule adopted pursuant to ORS 628.995, 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 refrigerated locker plants.
(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 603-017-0910 will be assessed as three times the penalty amount
in OAR 603-017-0910, 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, 628.350, 628.995

Stat. Implemented:
ORS 628.995

Hist.: DOA
2-2013, f. & cert. ef. 2-7-13

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