As used in these rules, unless the context otherwise
(1) "Authorized Persons"
means persons licensed as a sampler-grader, or a pasteurizer operator under the
provisions of ORS chapter 621.
"Certified Laboratory" is an industry or commercial laboratory which has been
certified to perform specified analyses of milk and dairy products described in
these fluid milk regulations by the Department's chief laboratory officer or
his or her official representative. Laboratory certifications may be limited by
the Department to one or more specific tests, methods or products.
(3) "Condemned Container" means container
deemed by Department as unfit for use because of dirt, rust, open seams, or
other conditions that would or may contaminate fluid milk, milk or dairy
products, or would otherwise render them unfit for consumption by
(4) "Container" means and
includes milk cans, cream cans, farm-milk tanks, milk-tank trucks, pasteurizing
vats, cheese vats, butter churns, butter tubs, cheese hoops, and any other
receptacle designed for use or used as a container of fluid milk or dairy
"Dairy Operator" means a person licensed
by the Department to conduct one or more of the following activities related to
the operation of a milk distributor or dairy products plant. A separate license
is required for each of these activities conducted by an individual:
(a) "Sampler-Grader" is a person responsible
for the grading of milk received by a milk distributor or dairy products plant,
and collecting regulatory samples of raw for pasteurization milk being
(b) "HTST Pasteurizer
Operator" is a person responsible for the legal pasteurization of milk and/or
dairy products utilizing "high temperature short time" (HTST) pasteurization
equipment. This includes HHST and UHT pasteurization equipment.
(c) "Vat Pasteurizer Operator" is a person
responsible for the legal pasteurization of milk and/or dairy products
utilizing vat or batch pasteurization equipment.
"Dairy Product" means dairy products
defined in OAR
and includes butter; all varieties of cheese, frozen desserts and frozen
dessert mixes containing milk, cream or nonfat milk solids; and evaporated,
condensed, concentrated, powdered, dried or fermented milk, whey, cream and
means the Department of Agriculture of the State of Oregon.
(9) "Distributor" means a person who
purchases only unpasteurized milk and pasteurizes or otherwise processes that
milk, then bottles and distributes the milk for human consumption.
(10) "Extra Rich Milk" is pasteurized fluid
milk in which the milkfat content is not less than 5.0 percent. The term or
label "extra rich" shall not be used in connection with the addition of
vitamins, minerals, or milk solids-not-fat unless the milkfat content meets or
exceeds 5.0 percent.
milk" means milk and any other product made by the addition of a substance to
milk or to a liquid form of milk product if the milk or other product is
produced, processed, distributed, sold or offered or exposed for sale for human
consumption. Fluid milk includes sterilized fluid milk products and the fluid
milk products for which the Department has established a standard of
(12) "Lactose Reduced
Milk Products", are milk products, such as pasteurized milk, lowfat milk or
skim milk (nonfat milk) to which suitable enzymes have been added to convert
lactose in the product to glucose or galactose, resulting in a lactose level in
the milk product that is less than 30 percent of the natural level of lactose
normally in the product.
"Calcium Added" milk product are fortified with calcium carbonate, tricalcium
phosphate or other additive approved by the Department, to a level of not less
than 500 m.g. per eight ounce serving.
(14) "Milk" means the lacteal secretion of
cows, sheep and goats.
"Milkfat" means the natural fat of milk.
(16) "Milk solids" means the total
constituents of milk less the water.
(17) Lactobacillus acidophilus or bifido
bacterium milk products are milk products that have been pasteurized and
inoculated with a strain of lactobacillus acidophilus or bifido bacterium to
aid human digestion.
Hauler" means a person who, in the course of employment, accepts bulk fluid
milk and transports that commodity to a dairy products plant or a physical
facility of a distributor or producer-distributor.
(19) "Multi-Vitamin Fortified" or
"Multi-Mineral Fortified" means milk or milk products in which the vitamins or
minerals content, other than vitamin D or vitamin A, have been increased by a
method and in an amount approved by the Department.
(20) "Nonprocessing distributor" means a
person who sells fluid milk in consumer-sized units under the person's own
brand or trade name after the milk has been processed and packaged by a
distributor or producer-distributor.
(21) "Person" means any individual,
partnership, association, or corporation and his or its agents.
(22) "Producer" means a person who engages in
the production of unpasteurized milk on a dairy farm and does not bottle the
milk on the premises where production occurs, in pasteurized or unpasteurized
form and for human consumption.
(23) "Producer-distributor" means a person
who bottles milk on the premises where production occurs, in pasteurized or
unpasteurized form and for human consumption.
(24) "Raw Goat Milk" is unpasteurized milk
from goats with a milkfat content of not less than 3.25 percent and a
milk-solids-not-fat content of not less than 8.25 percent.
(25) "Whole Milk" is milk with milkfat
greater or equal to 3.25 percent and milk solids-not-fat not less than