(2) A distributor, producer-distributor or dairy products plant licensee shall not sell, offer or expose for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, except to another distributor, producer-distributor or dairy products plant licensee for the manufacture of milk, fluid milk or dairy products.
(3) Except as permitted by ORS 621.003, 621.012, 621.060 and 621.076, a person shall not knowingly sell, offer or expose for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, except to a distributor, producer-distributor or dairy products plant licensee for the manufacture of milk, fluid milk or dairy products.
(4) A distributor, producer-distributor or dairy products plant licensee shall not sell, offer or expose for sale any milk, fluid milk or dairy product processed or manufactured by the distributor, producer-distributor or licensee unless all of the milk or cream constituents from cows have been pasteurized and all milk or cream constituents from goats or sheep were produced by a disease-free herd or have been pasteurized.
(5) A person shall not knowingly sell, offer or expose for sale any dairy product unless all of the milk or cream constituents of the product from cows have been pasteurized and all constituents from goats or sheep were produced by a disease-free herd or have been pasteurized.
(6) Excepting cottage cheese and any cheese required to be pasteurized by rule of the State Department of Agriculture, the pasteurization requirement of subsections (4) and (5) of this section shall not apply to cheese that has been aged for at least 60 days from the date of manufacture. The manufacture date must appear on the cheese or its container.
(7) A person shall not falsely represent by word, design, device or by any other means that any milk, cream, fluid milk, dairy product, frozen dessert mix or frozen dessert has been pasteurized.
(8) A distributor, producer-distributor or dairy products plant licensee must provide for the grading of all milk transported, received or purchased by the distributor, producer-distributor or licensee as required by ORS 621.056, 621.057, 621.084 and 621.226 and regulations adopted under ORS 621.096.
(9) A person shall not alter, remove or tamper with any condemnation tag affixed by the State Department of Agriculture or a grader pursuant to the provisions of ORS 621.203 or 621.226.
(10) A distributor, producer-distributor or dairy products plant licensee or grader shall not:
(a) Negligently sample, weigh or test any milk or cream.
(b) Fraudulently manipulate any weight, sample or test of milk or cream.
(c) Make a false entry or record of the weight, or test of milk or cream on any statement, record or invoice. [Formerly 621.286]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 621 - Milk; Dairy Products; Substitutes
Section 621.003 - Definitions.
Section 621.010 - Restraining violations.
Section 621.012 - Exception for small-scale on-farm sales.
Section 621.018 - Entry and use of fluid milk produced outside state; reciprocal agreements.
Section 621.060 - Establishing standards of quality and identity for fluid milk; rules.
Section 621.073 - Suspension of grade use privilege.
Section 621.078 - Additional users of milk processing plant; fees; rules.
Section 621.088 - Sale or possession of milk or cream to which water has been added.
Section 621.096 - Regulations regarding weighing, sampling and testing.
Section 621.166 - Application for dairy products plant license; rules; fee; mobile milk tanker fees.
Section 621.169 - Additional users of dairy products plant; fees; rules.
Section 621.171 - Issuance of license; renewal; suspension; revocation.
Section 621.176 - Standards of construction for plants and facilities.
Section 621.181 - Standards of sanitation for operation of plants and facilities.
Section 621.193 - Standards for farm bulk storage facilities.
Section 621.203 - Condemnation of unfit container and its contents.
Section 621.226 - Condemnation of unlawful milk, cream, dairy product or fluid milk.
Section 621.266 - Pasteurizer operator license; rules; fee.
Section 621.297 - Certification of milk and dairy product testing laboratories; fee.
Section 621.320 - Labeling requirements for frozen desserts; exemption.
Section 621.335 - Licenses to make and sell frozen desserts at wholesale; fees; expiration; rules.
Section 621.405 - Definitions and standards for condensed or evaporated milk.
Section 621.445 - Restrictions on serving colored butter substitute in public eating place.
Section 621.740 - Liability for payment of fees.
Section 621.750 - Sampling and testing; payment adjustments; rules.
Section 621.995 - Civil penalties; rules; hearing; disposition of moneys.