Slaughter of Animals and Processing of Animal Products for Animal or Pet Foods

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_603/603_013.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF AGRICULTURE









 

DIVISION 13
SLAUGHTERING ESTABLISHMENTS
Slaughter of Animals and Processing of Animal Products for Animal or Pet Foods

 
603-013-0600
Definitions
As used in OAR 603-013-0600 through 603-013-0616:
(1) "Department" means the State Department of Agricul-ture.
(2) "Establishment" means any building, plant, establishment, vehicle, or structure movable or stationary wherein animals or poultry are slaughtered, prepared, processed, or offered for sale or sold in any manner intended for or to be used as animal food. Establishment also includes the ground adjacent thereto.
(3) "Licensee" means any person licensed to operate a pet or animal food slaughtering establishment as authorized by ORS 603.101 or regulations promulgated thereunder.
(4) "Pet or Animal Food" means any meat, meat food product, carcass, or any part thereof including viscera of a slaughtered animal or poultry that is intended to be used, sold, or offered for sale as pet or animal food as authorized by ORS 603.101.
Stat. Auth.: ORS 603

Stats. Implemented: ORS 603

Hist.: AD 636, f. 3-15-60
603-013-0602
Licenses
(1) No person shall operate a pet or animal food slaughtering or processing establishment without first obtaining a license therefor from the Department as required by ORS 603.101.
(2) Notwithstanding the provisions of section (1) of this rule, a person holding a meat food animal slaughterhouse license, or a person licensed to slaughter poultry and rabbits, or a person holding a non-slaughtering processing license may, without being required to obtain additional license, also sell or dispose of meat or meat products as pet or animal food providing that such licensees also comply with the special provisions of law or regulations thereunder which apply to the operation of an animal food and slaughtering establishment as required by ORS 603.101 and the provisions of OAR 603-013-0600 to 603-013-0616.
(3) No person shall operate an establishment or slaughter or process any animal for animal food except as authorized and provided by ORS 603.101 and the provisions of OAR 603-013-0600 to 603-013-0616.
(4) No person shall slaughter or process an animal which is intended for or offered for sale or sold for human consumption, in a pet and animal food slaughtering establishment. No person shall keep or maintain an animal carcass or any part thereof in an animal food slaughtering establishment except such carcasses or parts thereof which are intended for use or sale as pet or animal food.
Stat. Auth.: ORS 603

Stats. Implemented: ORS 603

Hist.: AD 636, f. 3-15-60
 
603-013-0604
Construction
(1) An establishment shall be constructed with impervious walls and concrete floors sloped to properly trapped drains.
(2) All openings shall be screened.
(3) The sewage disposal facilities of each establishment shall be inspected by and be approved by the State Sanitary Authority.
Stat. Auth.: ORS 603

Stats. Implemented: ORS 603

Hist.: AD 636, f. 3-15-60
 
603-013-0606
Sanitation
(1) A pet or animal food slaughtering establishment, tools, and equipment therein shall be operated and maintained in a sanitary manner. Ample pressure and supply of hot and cold water shall be available in the establishment. While the Department recognizes the fact that the same high degree of sanitation procedures and standards as are required in establishments slaughtering livestock for human consumption are not necessary in establishments slaughtering animals for animal or pet food, the Department will require, and the animal food slaughtering establishments shall comply with, applicable provisions of ORS Chapters 616 and 619 to the extent that animal or pet food is free from disease and is not injurious to the welfare and health of the animals that will be fed such food. Such procedures and standards also shall be used that will protect the health and welfare of the people of this state.
(2) "Offal" or any part of carcass, viscera, or organic material not used for pet or animal food shall not be stored or held for a period longer than 24 hours without refrigerated facilities.
(3) The accumulation of refuse and debris is prohibited in an establishment and the premises adjacent to an establishment shall be maintained in such a manner as not to promote the harboring of insects, rodents, or vermin.
Stat. Auth.: ORS 616 & ORS 619

Stats. Implemented: ORS 603

Hist.: AD 636, f. 3-15-60
603-013-0608
Separation of Facilities
In a slaughterhouse wherein meat is slaughtered and sold for human consumption and one which also processes, handles, offers, or sells pet or animal food; then such facilities and equipment relating to the pet or animal food operation must be all located in a separate room from all the operations of the edible food or meat operations, as approved by the Department. Such pet or animal food procedures and operation shall not interfere with the proper required functions of the operation of the edible food operations.
Stat. Auth.: ORS 561.190 & ORS 603

Stats. Implemented: ORS 603

Hist.: AD 636, f. 3-15-60
 
603-013-0610
Decharacterizing of Pet or Animal Food
All meat or meat products from animals slaughtered for pet food or animal food shall be decharacterized with either a harmless dye or powdered charcoal approved by the Department. Such decharacterizing shall be carried out to the extent that such meat or meat products can be readily distinguished from edible meat or meat products intended for human consumption.
Stat. Auth.: ORS 561.190 & ORS 603

Stats. Implemented: ORS 603

Hist.: AD 636, f. 3-15-60
 
603-013-0612
Labeling
All packaged pet or animal food shall be labeled. Such label shall contain at least the following information.
(1) The name and address of the establishment.
(2) The words "Pet Food", "Animal Food", or "Dog and Cat Food", and the additional wording "Not For Human Consumption". The letters in such wording shall be placed conspicuously on the package and be of such size as to be readily and easily readable to prospective purchasers or users.
(3) The net weight of the product in the package.
(4) The contents in order of their predominance.
(5) Labeling of hermetically sealed, retort processed, conventional retail size containers shall conform with this section except the wording "Not For Human Consumption" need not appear on label. If not in such containers, the product must not only be properly identified, but it must be of such character or so treated (denatured or decharacterized) as to be readily distinguishable from an article of human food.
Stat. Auth.: ORS 561.190 & ORS 603

Stats. Implemented: ORS 603

Hist.: AD 636, f. 3-15-60
 
603-013-0614
Reports and Records
A report form, which shall be furnished by the Department upon request, shall be forwarded to the Department by the licensee of each establishment not later than the 20th of each month covering the prior operations of such establishment. Such report shall be completely filled out and signed by the licensee.
Stat. Auth.: ORS 561.190 & ORS 603

Stats. Implemented: ORS 603

Hist.: AD 636, f. 3-15-60
 
603-013-0616
Records
The licensee shall keep daily records as required by subsection (6) of ORS 603.101.
Stat. Auth.: ORS 603

Stats. Implemented: ORS 603

Hist.: AD 636, f. 3-15-60
603-013-0618
Definitions
In addition to the definitions set forth in ORS 601.010, the following shall apply:
(1) "Conduct of the business" means the disposal of raw material according to a license issued pursuant to ORS 601.040.
(2) "Raw material" means the body, carcass or all parts, including viscera, of an animal.
Stat. Auth.: ORS 561.190 & ORS 601.120

Stats. Implemented: ORS 601.120

Hist.: AD 12-1995, f. & cert. ef. 6-30-95
 
603-013-0620
Construction of Building and Conduct of Business
Every person licensed pursuant to ORS 601.040 shall conduct the business and shall construct, arrange and keep the premises on which the business is conducted according to the following requirements:
(1) All interior surfaces within areas used in the conduct of the business shall be of impervious materials.
(2) All areas of the building and equipment used in the conduct of the business shall be maintained in a clean and sanitary condition. The following minimum requirements shall be met:
(a) Areas and equipment, including storage pits and transfer augers, are to be cleaned at the end of every work day, and a log kept;
(b) Floors, walls and ceilings shall be free of any observable raw material.
(c) Liquid shall not be allowed to collect or pool;
(d) Sanitary drainage shall be provided leading to a sewage disposal system approved by the appropriate authorities, which allows areas to be maintained in a clean and sanitary condition;
(e) Hot water and steam shall be available to maintain the areas and equipment in a clean and sanitary condition;
(f) The outside premises shall be maintained free of raw material, any dried liquid matter from animal parts and litter.
(3) All reasonable measures shall be taken to prevent the entrance of and control of lies, insects, rodents and vermin. Such measures shall include, but are not limited to, closing off cracks, openings or other entry points which have developed in the building and the use of screens where appropriate.
(4) Immediately after unloading for processing or into transfer pits, raw material shall be sprayed with an odor control spray.
(5) Raw material for rendering shall not remain longer than eight hours on the premises of a business without being refrigerated, processed or transferred to a processing site. If circumstances arise outside the control of the business which prevent action within eight hours, the business shall maintain the raw material in such a manner that no public annoyance shall be caused by the unsightly appearance or odor of the raw material.
(6) The cooking area must be separate from the storage area and the area where raw materials are skinned, butchered or dismembered. The latter two areas shall also be separate from each other.
(7) The cooking, loading and unloading areas shall be enclosed.
(8) Pressure control shall be automatic, and checked daily. Pressure control shall also be calibrated, and tested annually.
(9) Traps capable of preventing odor in the disposal of steam or exhaust shall be installed on steam vents.
Stat. Auth.: ORS 561.190 & ORS 601.120

Stats. Implemented: ORS 601.120

Hist.: AD 12-1995, f. & cert. ef. 6-30-95
603-013-0625
Vehicles and Transportation
Every person licensed pursuant to ORS 601.050 or 601.080 shall transport raw material in a manner that no public annoyance shall be caused by the unsightly appearance of such material and according to the following requirements:
(1) Vehicles shall be maintained to prevent drippings or seepings. The following minimum requirements shall be met:
(a) Industrial grade seals shall be used;
(b) Seals shall be inspected regularly, and shall be maintained to prevent drippings or seepings;
(c) Seals shall be replaced when necessary;
(d) An inspection log shall be kept.
(2) Vehicle sides shall be high enough to hide raw material and to prevent spilling during transportation.
(3) Each vehicle shall contain an odor control spray, and raw material within the vehicle which emanates an odor shall be sprayed.
(4) Vehicles and containers shall be maintained clean. They shall be cleaned after every work day ensuring that no raw material, liquids or scraps remain, and a log kept.
Stat. Auth.: ORS 561.190 & ORS 601.120

Stats. Implemented: ORS 601.120

Hist.: AD 12-1995, f. & cert. ef. 6-30-95
Civil Penalties
603-013-0905
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
603-013-0910
Definitions
As used in OAR 603-013-0920
through 603-100-0930, 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 Chapter 603 or 619 or any
rule 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
603-013-0920
Schedule
of Civil Penalties
(1) Operating an
animal food slaughtering establishment or processing establishment without first
obtaining a license therfor from the Department as required in ORS 619.031. Penalty
— $5,000 to $10,000.
(2) Violation
of ORS 619.031(7) by a person licensed under ORS 619.031(1)–(5). Penalties:
(a) Minor
— $1,000 to $4,000;
(b) Moderate
— $4,001 to $7,000;
(c) Major
— $7,000 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
603-013-0932
Penalty Factors;
Procedure
(1) In imposing
a penalty pursuant to OAR 603-013-0910, 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 the 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 603-013-0910 will be assessed as three times the penalty amount
in OAR 603-013-0910, 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

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