Or. Admin. Code § 603-022-0920

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-022-0920 - Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190, 632.990, or 619.993 the Department may impose a civil penalty with respective amounts for:

(1) Violation of the licensing requirements of ORS 632.715(1). Penalties:

(a) Minor - $1,000 to $4,000;

(b) Moderate - $4,001 to $7,000; or

(c) Major - $7,001 to $10,000.

(2) Failure to conspicuously display original or duplicate licenses as required in ORS 632.715(3). Penalty - $100.

(3) Engaging in the commercial breaking of eggs for the purpose of recovering therefrom, for human food, the whites, yolks or whole egg meats, or any part thereof, for resale as such, without first obtaining from the Department of Agriculture a permit to do so pursuant to ORS 632.730. Penalties:

(a) Minor - $1,000 to $4,000;

(b) Moderate - $4,001 to $7,000; or

(c) Major - $7,001 to $10,000

(4) Failure to pay a fee or fees pursuant to ORS 632.741. Penalty - $1,000 to $5,000.

(5) Failure to meet the invoicing requirements or record retention requirements of ORS 632.745. Penalty - $500 to $5,000.

(6) Failure to construct, maintain and utilize plant facilities and equipment utilized in processing eggs or egg products in accordance with the rules promulgated under the federal Act or promulgated by the Department. Penalties:

(a) Minor - $1,000 to $4,000;

(b) Moderate - $4,001 to $7,000; or

(c) Major - $7,001 to $10,000

(7) Interference with a lawful inspection authorized under ORS 632.761(1). Penalty - $5,000 to $10,000.

(8) Interference with the seizure, embargo or detention, in accordance with the provisions of ORS 561.605 to 561.630, of any eggs or egg products determined to be in violation of the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto. Penalty - $5,000 to $10,000.

(9) Interference with condemnation in accordance with the provisions of ORS 616.740, of any plant premises, facilities, equipment, containers or vehicles determined to be in violation of the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto. Penalty - $5,000 to $10,000.

(10) Violation of the labeling or advertising requirements of ORS 632.771. Penalties:

(a) Minor - $500 to $4,000;

(b) Moderate - $4,001 to $7,000; or

(c) Major - $7,001 to $10,000.

(11) Selling eggs for human consumption in previously used consumer containers bearing the brand, trademark or officially designated number of another egg handler, unless the same is removed or defaced as explained in ORS 632.786(1). Penalty - $100 to $5,000.

(12) As a retailer, selling eggs from a bulk display without displaying the placard required by ORS 632.771(3). Penalty - $100 to $5,000.

(13) Delivering or selling eggs for human consumption that have been incubated or have been in either an artificial or natural incubator as explained in ORS 632.786(6). Penalty - $100 to $5,000.

(14) Delivering or selling for human consumption ova from slaughtered birds of any species as explained in ORS 632.786(7). Penalties:

(a) Minor - $1,000 to $4,000;

(b) Moderate - $4,001 to $7,000; or

(c) Major - $7,001 to $10,000.

(15) Selling any eggs or egg products that are adulterated or misbranded as explained in ORS 632.786(8). Penalties:

(a) Minor - $1,000 to $4,000;

(b) Moderate - $4,001 to $7,000; or

(c) Major - $7,001 to $10,000.

(16) Selling any eggs as fresh eggs unless they are of the quality or grade prescribed for fresh eggs by the Department or the Federal Act as explained in ORS 632.786(9). Penalties:

(a) Minor - $1,000 to $4,000;

(b) Moderate - $4,001 to $7,000; or

(c) Major - $7,001 to $10,000.

(17) Selling egg products for human consumption that have not been pasteurized, or as a food processor purchasing egg products that have not been pasteurized as explained in ORS 632.786(10). Penalty - $1,000 to $5,000.

(18) Advertising eggs or egg products in violation of the standards or requirements prescribed by the Department as explained in ORS 632.786(11). Penalty - $1,000 to $5,000.

(19) Using containers in the bulk sale of eggs that bear the trademark of another egg handler without the consent of the registrant of such trademark as explained in ORS 632.786(12). Penalty - $1,000 to $5,000.

(20) Failure to maintain sanitation standards of OAR 603-022-0500 through 603-022-0545, relating to egg candling and grading facilities and establishments. Penalties:

(a) Minor - $500 to $4,000;

(b) Moderate - $4,001 to $7,000; or

(c) Minor - $7,001 to $10,000.

Or. Admin. Code § 603-022-0920

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

Stat. Auth.: ORS 561.190, 632.995

Stat. Implemented: ORS 632.995