(2) Any producer or other person engaged in the milk industry is authorized to request the department to provide and furnish official testing, retesting or duplicate testing of milk.
(3) A milk handler, dealer, licensee or purchaser of milk shall not terminate or threaten to terminate the purchase of milk from a producer or seller, or take or threaten to take other retaliatory action against a producer or seller of milk, because the producer or seller has exercised rights and privileges as authorized in this section. In addition to any action the department is authorized to take against any person taking retaliatory steps or procedures, the producer or seller of milk may also maintain an action for damages against the same person. The prevailing party in the action shall be entitled to reasonable attorney fees at trial and on appeal.
(4) The department may establish reasonable fees for enforcing and carrying out this section and ORS 621.720, 621.740 and 621.750, in amounts necessary to reimburse the department for the furnishing of services and materials as required thereunder. [1965 c.474 §3; 1979 c.499 §24; 1981 c.897 §73; 1999 c.197 §58]
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.