Or. Admin. R. 603-025-0920

Current through Register Vol. 63, No. 8, August 1, 2024

Section 603-025-0920 - Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190, 616.992, 616.994, or 632.990 the Department may impose a civil penalty with respective amounts for:

(1) Violation of ORS 616.073(3), relating to sulfite use. Penalty - $500 to $5,000.

(2) The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded as explained in ORS 616.215(1). Penalties:

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

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

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

(3) The adulteration or misbranding of any food as explained in ORS 616.215(2). Penalties:

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

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

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

(4) The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise as explained in ORS 616.215(3). Penalties:

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

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

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

(5) Violation of the labeling requirements of ORS 616.215(4). Penalties:

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

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

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

(6) The dissemination of any false advertisement as explained in ORS 616.215(5). Penalties:

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

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

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

(7) Interference with any inspection or investigation performed pursuant to ORS 616.286. Penalty - $5,000 to $10,000.

(8) The giving of a guaranty or undertaking which is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person from whom the person received in good faith the food as explained in ORS 616.215(7). Penalties:

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

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

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

(9) The removal or disposal of a detained or embargoed article in violation of ORS 616.225. Penalties:

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

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

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

(10) The alteration, mutilation, destruction, obliteration or removal of the whole or any part of the label of a food, if done while such article is held for sale and results in such article being misbranded as explained in ORS 616.215(9). Penalties:

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

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

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

(11) Forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification device authorized or required by rules promulgated under the provisions of ORS 616.205 to 616.295 and 616.305 to 616.315. Penalty - $5,000 to $10,000.

(12) The use by any person to the person's own advantage, or disclosure, other than to the Director or the authorized representative of the director or to the courts when relevant in any judicial proceeding under ORS 616.205 to 616.385, of any information acquired under the authority of ORS 616.205 to 616.385 concerning any method or process which is a trade secret entitled to protection. Penalties:

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

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

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

(13) Labeling or offering for sale any food fish product designated as halibut, with or without additional descriptive words, unless such food fish product is Hippoglossus hippoglossus or Hippoglossus stenolepsis as explained in ORS 616.217. Penalty - $500 to $5,000.

(14) Failure of a retail or wholesale food distributor to place a warning label on food containing diethylstilbestrol pursuant to ORS 616.333. Penalty - $500 to $5,000.

(15) Violation of rules promulgated under ORS 616.700, relating to sanitation requirements for food and food establishments. Penalties:

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

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

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

(16) Operating a food establishment without obtaining or maintaining a license as required in ORS 616.706. Penalties:

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

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

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

(17) Knowingly misrepresenting the annual gross dollar volume of sales of covered operations by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales records on a fiscal basis, the prior fiscal year for the requirements of ORS 616.706. Penalty - $1,000 to $5,000.

(18) The unauthorized removal of a notice posted by the department under the authority of ORS 616.740. Penalties:

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

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

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

(19) The manufacture, sale or delivery, holding or offering for sale of any food that does not conform to a standard of identity when the Department has adopted a standard of identity food as explained in ORS 616.761 to 616.775. Penalties:

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

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

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

(20) Violation of ORS 616.785, relating to unenriched flours, macaroni, and noodle products. Penalty - $500 to $5,000.

(21) Interference with a lawful inspection under authority of ORS 616.790. Penalty - $5,000 to $10,000.

(22) Violation of the Open Date Labeling Laws of ORS 616.815, 616.820, 616.825 or 616.830 or the rules adopted under ORS 616.835, relating to open date labeling. Penalties:

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

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

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

(23) Violation of ORS 616.860, relating to unit pricing. Penalty - $500 to $5,000.

(24) A retail seller of packaged consumer commodities failing to express unit retail price statements in terms of the price per single whole unit of weight, volume, measure or count as prescribed by administrative rules adopted by the Department under ORS 616.875 for particular consumer commodities or groups for consumer commodities. Penalty - $500 to $5,000.

(25) An enforcement officer may enforce the provisions of SB 90 (2019) in the ordinary course of conducting an inspection pursuant to 616.286 or 624.010 to 624.121 or 624.310 to 624.430.

(26) A food and beverage provider or a convenience store that provides straws in violation of 603-025-0030, 4-502.13 Single-Service and Single-Use Articles, Use Limitation is subject to a notice for the first and second violation and, for subsequent violations, to a fine of not more than $25 for each day in which the food and beverage provider or convenience store remains in violation of this section. The enforcement officer may not impose total fines of more than $300 during a calendar year to a food and beverage provider or a convenience store violation of this section.

(27)Operating a food establishment that has been closed by the department pursuant to HB 2060 (2019) because it failed to obtain a required authorization, or because a required authorization lapsed. Penalty - $10,000.

Or. Admin. R. 603-025-0920

DOA 2-2013, f. & cert. ef. 2-7-13; DOA 25-2019, amend filed 12/20/2019, effective 12/20/2019; DOA 20-2021, amend filed 06/07/2021, effective 6/7/2021

Statutory/Other Authority: ORS 561.190, 616.997, 632.995 & SB 90 (2019)

Statutes/Other Implemented: ORS 616.997 & 632.995