Or. Admin. Code § 603-029-1430

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

Section 603-029-1430 - Handling of Products Which may Have Become Adulterated or Misbranded; Authorization and Other Requirements

(1) When it is claimed that any inspected and passed product, marked with an Oregon inspection legend, has become adulterated or misbranded after it has been transported from a state-inspected establishment, such product may be transported in commerce to a state-inspected establishment after oral permission is obtained from a Department supervisor. The transportation of the product may be to the state-inspected establishment from which it had been transported or to another state-inspected establishment designated by the person desiring to handle the product. The transportation shall be authorized only for the purpose of officially determining if the product has become adulterated or misbranded and making the appropriate disposition. The supervisor shall make a record of the authorization and such other information which will effectively identify the shipment and shall provide a copy of the record to the inspector at the establishment receiving the product. The shipper shall be furnished a copy of the authorization record upon request.

(2) Upon the arrival of the shipment at the state-inspected establishment, a careful inspection shall be made of the product by a Department inspector, and if it is found that the article is not adulterated, the same may be received into the establishment; but if the article is found to be adulterated, it shall at once be stamped "Oregon inspected and condemned" and disposed of in accordance with OAR 603-029-0800 to 603-029-0850, and if it is found to be misbranded, it shall be handled in accordance with OAR 603-029-1105(4): Provided, That when a product is found to be affected with one of the correctable conditions specified in OAR 603-029-1105(4), in respect to which rehandling is permitted, it may be transported from the state-inspected establishment to another state-inspected establishment for such rehandling as is necessary to assure that the product is not adulterated or misbranded when finally released. The transportation of such a product from a state-inspected establishment shall be done in a manner prescribed in each specific case by the Department.

DOA 19-2022, adopt filed 07/27/2022, effective 7/28/2022

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046

Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036