Or. Admin. Code § 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.
Notes
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
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