Or. Admin. Code § 603-029-1505

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

Section 603-029-1505 - Seizure, Embargo, and Detainment

(1) Any meat, meat product, or dead, dying, disabled, or diseased meat animal is subject to seizure, embargo, or detainment as provided in ORS 561.605 to 561.630 and this rule if:

(a) It is adulterated, misbranded, or unwholesome and is capable of use as human food; or

(b) It is in any other way in violation of ORS 619.026 to 619.066, or any rule adopted thereunder.

(2) The Department shall affix a tag or notice to the meat, meat product, or meat animal being seized, embargoed, or detained that states "Oregon Seized," "Oregon Embargoed," or "Oregon Detained," as applicable. The Department shall also affix a notice to the meat, meat product, or meat animal being seized, embargoed, or detained that warns all persons that the meat, meat product, or meat animal may not be removed from the place at which it is being held without written permission from the Department.

(3) No person shall remove or deface any notice placed upon meat, meat products, or meat animals seized, embargoed, or detained by the Department, or move them from the place designated in the notice without written permission from the Department.

(4) When meat, a meat product, or a meat animal is seized, embargoed, or detained, the Department shall:

(a) Orally notify the immediate custodian of the meat, meat product, or meat animal; and

(b) Promptly furnish a Notice of Seizure, Notice of Embargo, or Notice of Detainment to the immediate custodian of the meat, meat product, or meat animal; or, if the owner of the meat, meat product, or meat animal is not the immediate custodian at the time of seizure, embargo, or detainment, and the owner or owner's agent can be ascertained and notified, the Department shall furnish a copy of the Notice of Detainment, Notice of Seizure, or Notice of Embargo to the owner or owner's agent as soon as possible by personally serving such notice or by mailing it via certified mail to the owner or owner's agent's last known residence or principal office or place of business.

(5) Within the first 48 hours after the seizure, embargo, or detainment of any meat, meat product, or meat animal under this rule, the Department shall give oral or written notification of such seizure, embargo, or detainment to the FSIS and any state or other governmental authorities having jurisdiction over such meat, meat product, or meat animal.

(6) The provisions of this rule relating to seizure, condemnation, and detainment of meat, meat products, or meat animals do not derogate from authority for condemnation or seizure conferred by other provisions of law.

Or. Admin. Code § 603-029-1505

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