Or. Admin. R. 603-024-0920 - Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190 or 621.991, the Department may impose a civil penalty with respective amounts for:

(1) Failure by a distributor, producer-distributor or dairy products plant licensee to employ a grader that accurately and impartially grades all milk or fluid milk purchased by the distributor, producer-distributor or licensee from producers before it is commingled with other milk or otherwise loses its identity pursuant to ORS 621.056. Penalty - $1,000 to $5,000.

(2) Violation of the grader recording requirements in ORS 621.057. Penalty - $100 to $5,000.

(3) The processing, distribution, sale or offer or exposure for sale fluid milk that does not conform to a standard of identity established by the Department as explained in ORS 621.062. Penalties:

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

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

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

(4) The use of any grade designation on bottle caps, in advertising, on labels or in any other manner connected with the sale of fluid milk without a Department license for the person to use the grade designation as explained in ORS 621.070. Penalty - $5,000 to $10,000.

(5) Failure to obtain a license as required in ORS 621.072(2). Penalty - $5,000 to $10,000.

(6) Failure to obtain a license as required in ORS 621.072(4). Penalty - $1,000 to $5,000.

(7) Interference with a lawful inspection as authorized under ORS 621.072(5). Penalty - $5,000 to $10,000.

(8) Knowingly misrepresenting the annual gross dollar volume of sales and services by a license applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service records on a fiscal basis, the prior fiscal year, for the requirements of ORS 621.072 or 621.166. Penalty - $1,000 to $5,000.

(9) Violation of the requirements of ORS 621.076(1), relating to container labeling. Penalty - $5,000 to $10,000.

(10) Bottling unpasteurized fluid milk off of the premises where it is produced as explained in ORS 621.076(2). Penalty - $5,000 to $10,000.

(11) A producer or producer-distributor selling or offering for sale fluid milk during the period that the license of the producer or producer-distributor to use a grade designation on fluid milk has been suspended under ORS 621.072 or 621.073. Penalty - $5,000 to $10,000.

(12) A distributor knowingly purchasing fluid milk from any person whose license to use a grade designation has been suspended under ORS 621.072 or 621.073. Penalty - $5,000 to $10,000.

(13) A distributor knowingly purchasing fluid milk from any person other than a person licensed under ORS 621.072. Penalty - $5,000 to $10,000.

(14) Violation of the labeling requirements of ORS 621.076(6). Penalty - $1,000 to $5,000.

(15) A distributor, producer-distributor, dairy products plant licensee or any other purchaser of milk from producers failing to weigh, sample and test fluid milk purchased by them from producers in the same manner as milk and cream are weighed, sampled and tested under ORS 621.096. Penalty - $1,000 to $5,000.

(16) Violation of ORS 621.088, relating to milk or cream to which water has been added. Penalty - $5,000 to $10,000.

(17) Violation of ORS 621.117, relating to pasteurized milk and disease-free goat and sheep herds. Penalties:

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

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

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

(18) Operating or permitting the operation of any pasteurization equipment except under the direct personal supervision of a person licensed as a pasteurizer operator under ORS 621.266. Penalties:

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

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

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

(19) A distributor, producer-distributor or dairy products plant licensee selling, offering or exposing for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, except to another distributor, producer-distributor or dairy products plant licensee for the manufacture of milk, fluid milk or dairy products as explained in ORS 621.122(2). Penalties:

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

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

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

(20) Except as permitted by ORS 621.003, 621.012, 621.060 and 621.076, a person knowingly selling, offering or exposing for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, except to a distributor, producer-distributor or dairy products plant licensee for the manufacture of milk, fluid milk or dairy products as explained in ORS 621.122(3). Penalty - $8,000 to $10,000.

(21) A distributor, producer-distributor or dairy products plant licensee selling, offering or exposing for sale any milk, fluid milk or dairy product processed or manufactured by the distributor, producer-distributor or licensee without all of the milk or cream constituents from cows having been pasteurized and all milk or cream constituents from goats or sheep were produced by a disease-free herd or have been pasteurized as explained in ORS 621.122(4). Penalty - $5,000 to $10,000.

(22) A person knowingly selling, offering or exposing for sale any dairy product without all of the milk or cream constituents of the product from cows have been pasteurized and all constituents from goats or sheep were produced by a disease-free herd or have been pasteurized as explained in ORS 621.122(5). Penalty - $8,000 to $10,000.

(23) A person falsely representing by word, design, device or by any other means that any milk, cream, fluid milk, dairy product, frozen dessert mix or frozen dessert has been pasteurized as explained in ORS 621.122(7). Penalty - $5,000 to $10,000.

(24) A distributor, producer-distributor or dairy products plant licensee failing to provide for the grading of all milk transported, received or purchased by the distributor, producer-distributor or licensee as required by ORS 621.056, 621.057, 621.084 and 621.226 and regulations adopted under ORS 621.096. Penalty - $1,000 to $5,000.

(25) A person altering, removing or tampering with any condemnation tag affixed by the Department or a grader pursuant to the provisions of ORS 621.203 or 621.226. Penalties:

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

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

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

(26) Violations of the requirements of ORS 621.122(10), relating to sampling, weighing, and testing milk or cream. Penalty - $500 to $5,000.

(27) A person selling or offering or exposing for sale any fluid milk with knowledge that the milk has been produced from a herd of cows, sheep or goats, one or more of which were infected with brucellosis at the time the milk was produced, or with knowledge that not all the animals in the herd have been tested or retested for brucellosis in a manner approved by the Department as explained in ORS 621.124. Penalties:

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

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

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

(28) Operating a dairy products plant without a valid license for that plant as explained in ORS 622.161. Penalty - $5,000 to $10,000.

(29) Violation of the license requirements of ORS 621.166. Penalty - $5,000 to $10,000.

(30) A person operating a dairy products plant or a physical facility of a distributor or producer-distributor that fails to conform to the standards prescribed pursuant to ORS 621.176 and 621.181, relating to disease and contamination prevention. Penalties:

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

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

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

(31) A producer storing milk that is to be sold to a dairy products plant or to be used at a physical facility of a distributor or producer-distributor, in bulk storage tanks, equipment, buildings or other facilities that do not conform to the standards prescribed pursuant to ORS 621.193. Penalties:

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

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

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

(32) A distributor, producer-distributor or dairy products plant licensee receiving or purchasing milk from a producer, that is stored in bulk storage tanks, equipment, buildings or other facilities that do not conform to the standards prescribed pursuant to ORS 621.193. Penalties:

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

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

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

(33) A person other than an authorized employee or agent of the Department removing a condemnation tag or marking from a container as explained in ORS 621.207(1). Penalties:

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

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

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

(34) A person placing any fluid milk, cream, milk or dairy product in a container bearing a condemnation tag or marking as explained in ORS 622.207(2). Penalties:

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

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

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

(35) A person using the contents of a container that has been condemned to manufacture, process or bottle fluid milk, cream, milk or dairy products as explained in ORS 622.207(3). Penalties:

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

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

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

(36) Failure of a grader to affix a condemnation tag and mix sufficient harmless red coloring matter with any milk, cream, dairy product or fluid milk when the milk, cream, dairy product or fluid milk is unlawful as described in ORS 621.226(2). Penalty - $500 to $5,000.

(37) Operating pasteurization equipment used by a distributor or producer-distributor or at a dairy products plant, and the distributor, producer-distributor or dairy products plant licensee fails to ensure that the pasteurization process is under the direct supervision of a pasteurizer operator licensed under ORS 621.266. Penalties:

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

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

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

(38) A person engaging in the business of freezing or making frozen desserts and then selling those frozen desserts at wholesale without a license to carry on that business from the Department. Penalty - $5,000 to $10,000.

(39) A frozen dessert wholesaler selling, offering for sale or possessing with intent to sell a frozen dessert or frozen dessert mix that has an excessive bacteria count as established by rule of the Department. Penalties:

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

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

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

(40) A person selling or offering for sale any product that the person represents to be a frozen dessert or that simulates or imitates the taste, texture or general composition of a frozen dessert unless the product conforms to the standard of identity for that frozen dessert established by rule of the Department pursuant to ORS 621.311. Penalties:

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

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

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

(41) A person selling or offering for sale an imitation milk product that does not conform to a standard of quality and identity established by the Department as explained in ORS 621.418. Penalties:

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

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

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

(42) Violation of ORS 621.445(1), relating to colored butter substitutes in any public eating place. Penalty - $100 to $500.

(43) A milk handler, dealer, licensee or purchaser of milk terminating or threatening to terminate the purchase of milk from a producer or seller, or taking or threatening to take other retaliatory action against a producer or seller of milk, because the producer or seller has exercised rights and privileges as authorized in ORS Chapter 621. Penalty - $1,000 to $5,000.

(44) Selling or offering for sale imitation milk products in the final delivery container that contain more than 20,000 bacteria per milliliter, 10 coliform per milliliter, or whose temperature exceeds 45 degrees Fahrenheit. Penalties:

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

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

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

(45) Failure to maintain sanitation standards of OAR 603-024-0095. Penalties:

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

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

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

(46) Violation of OAR 603-024-0379, relating to grading period of milk. Penalties:

(a) Minor - $500 to $4,000;

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

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

(47) Violation of OAR 603-024-0641, relating to transportation of milk and milk products. Penalties:

(a) Minor - $500 to $4,000;

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

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

Notes

Or. Admin. R. 603-024-0920

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

Stat. Auth.: ORS 561.190 & 621.995

Stat. Implemented: ORS 621.995