Or. Admin. Code § 603-029-1525 - Action by Department When Hearing Regarding Seizure, Embargo, or Detainment Not Timely Requested, or When Person in Possession Does Not Timely Comply with Department's Order or Perfect an Appeal

(1) In the event that the owner or person in possession does not request a hearing on the propriety of a seizure, embargo, or detainment within the time limited for making such request, the Department may summarily destroy or otherwise dispose of the subject matter of the action, or, if the owner or person in possession of such meat, meat product, or meat animal does not within 30 days after the hearing either comply with the orders of the Department as to reconditioning, relabeling or segregating or perfect an appeal to the circuit court, the Department may summarily destroy or otherwise dispose of the subject matter of the action.

(2) If it appears to the Department that there is a reasonable possibility that a meat, meat product, or meat animal is capable of salvage and the owner or person in possession does not seek to regain custody within the time and in the manner provided in ORS 561.605 to 561.620, the Department may dispose of the meat, meat product, or meat animal so as to obtain such salvage. Any salvage so recovered shall, after paying the costs of sale or disposition and including storage, if any, be remitted to the true owner, if known, or if not known, then to the person in possession. A sale or disposition for salvage shall be upon such conditions as to labeling, reconditioning or segregation as the Department deems necessary to comply with the law relating to such meat, meat product, or meat animal.

Notes

Or. Admin. Code § 603-029-1525

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