Or. Admin. Code § 603-028-0920

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

Section 603-028-0920 - Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190, 603.992, or 619.993 the Department may impose a civil penalty with respective amounts for:

(1) Selling, offering to sell, or exposing for sale meat products, or engaging in any activity described or identified in ORS 603.025(4) without first obtaining and maintaining a license from the Department. Penalty - $5,000 to $10,000.

(2) Failure to carry a surety bond meeting the requirements of ORS 603.025(3) with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. Penalties:

(a) Minor - $2,500 to $5,000;

(b) Moderate - $5,001 to $7,500; or

(c) Major - $7,501 to $10,000.

(3) Failure to display the license required in ORS 603.025 in a conspicuous manner at the address shown on the license. Penalty - $100.

(4) Buying or selling carcasses of meat animals, meat or meat products capable of use as human food that are not marked, tagged or otherwise identified as inspected meat or meat products as required by ORS Chapter 619. Penalties:

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

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

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

(5) Failure to comply with the custom slaughtering establishment requirements as required in ORS 603.045(2) - (7) or the provisions of OAR 603-028-0700, 603-028-0810, or 603-028-0825. Penalties:

(a) Minor - $500 to $3,500;

(b) Moderate - $3,501 to $6,500; or

(c) Major - $6,501 to $10,000.

(6) The owner or occupier of premises where animals are slaughtered permitting the same to remain unclean, to the extent that it constitutes a health hazard as explained in ORS 603.059. Penalties:

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

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

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

(7) Violation of the slaughter methods prescribed in ORS 603.065(1)-(2). Penalty - $5,000 to $10,000.

(8) Violation of the sanitation requirements of ORS 619.026. Penalties:

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

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

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

(9) Interference with lawful inspections by the Department as authorized by ORS 619.036(1) and (3). Penalty - $5,000 to $10,000.

(10) Interference with the lawful seizure, embargo, or detention of any food commodity, or lawful quarantine any building, equipment, vehicle or facility found upon inspection or test to be in violation of ORS 619.026 to 619.066 or of any rule adopted under ORS 619.026 to 619.066. Penalty - $5,000 to $10,000.

(11) Unapproved removal of a Department posted notice, or continued use of an establishment or vehicle when condemned by the Department as authorized in ORS 619.041. Penalty - $5,000 to $10,000.

(12) Having in the person's possession for any reason or purpose unwholesome meat or meat products that are not denatured and properly identified as explained in ORS 619.051(1). Penalty - $1,000 to $5,000.

(13) Carrying or transporting, by vehicle or otherwise, the carcass or meat of any meat animal destined for sale or distribution as food, that is not thoroughly protected from dust, dirt, flies or other contaminants as explained in ORS 619.051(2). Penalty - $1,000 to $5,000.

(14) Selling, holding or offering for sale any meat product if such meat product is from a meat animal not slaughtered under the auspices of the meat and poultry inspection program of the United States Department of Agriculture if federal regulations have been established for the inspection of the meat animal as explained in ORS 619.051(3). Penalty - $5,000 to $10,000.

(15) Failure to perform trichinae treatments as required in ORS 619.056. Penalties:

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

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

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

(16) Any person operating a retail meat seller establishment, as defined in ORS Chapter 603, in conjunction with a custom slaughtering establishment or custom processing establishment failing to mark, tag or identify all individually wrapped packages or containers of meat or meat products slaughtered, wrapped, prepared or handled for the owner of a meat animal, at the time and in the manner deemed necessary by the Department as explained in ORS 619.061. Penalty - $500 to $5,000.

(17) Violation of the provisions of ORS 619.355, 619.360, 619.365, or 619.370, relating to fryers. Penalty - $500 to $5,000.

(18) Willful violation of ORS 619.421, relating to lamb. Penalty - $500 to $5,000.

(19) Violation of OAR 603-028-0300, relating to packaging, labeling, advertising, and display. 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 OAR 603-028-0405, relating to additives in raw meat and raw meat products. Penalty - $500 to $5,000.

(21) Violation of OAR 603-028-0500, relating to prohibited acts. Penalty - $5,000 to $10,000.

Or. Admin. Code § 603-028-0920

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

Stat. Auth.: ORS 561.190, 603.995 & 619.996

Stat. Implemented: ORS 603.995 & 619.996