Or. Admin. R. 603-029-1575

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

Section 603-029-1575 - Withdrawal of Grant of Inspection

(1) The Department may issue a Notice of Withdrawal of Inspection if:

(a) A state-inspected establishment produced and shipped adulterated product;

(b) A state-inspected establishment did not have or maintain a HACCP plan in accordance with OAR 603-029-2200 to 603-029-2230;

(c) A state-inspected establishment did not have or maintain Sanitation Standard Operating Procedures in accordance with OAR 603-029-2170;

(d) A state-inspected establishment did not maintain sanitary conditions;

(e) A state-inspected establishment did not collect and analyze samples for Escherichia coli Biotype I and record results as prescribed in OAR 603-029-0498(1);

(f) A state-inspected establishment did not slaughter or handle livestock humanely;

(g) A state-inspected establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with a Department employee; or

(h) A recipient of inspection or anyone responsibly connected to the recipient is unfit to engage in any business requiring inspection as specified in OAR 603-029-0115(1)

(2) If the Department issues a Notice of Withdrawal of Inspection, the state-inspected establishment may file a written request for a hearing with the Department within 20 days of issuance of the Notice of Withdrawal of Inspection. If the state-inspected establishment timely requests a hearing, such hearing shall be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3.

(3) If the Department determines that the condition prompting the Notice of Withdrawal of Inspection poses a serious danger to the public health or safety, the Department may make the Notice of Withdrawal of Inspection effective immediately. In such circumstances, OAR 137-003-0560 is applicable.

Or. Admin. R. 603-029-1575

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