Or. Admin. Code § 603-029-1560 - Withholding Action or Suspension Without Prior Notification

(1) The Department may take a withholding action or impose a suspension without providing the state-inspected establishment prior notification if:

(a) The state-inspected establishment produced and shipped adulterated or misbranded product as defined in 21 USC §§ 601-602 or 603-029-0010 ;

(b) The state-inspected establishment does not have a HACCP plan as specified in 603-029-2205;

(c) The state-inspected establishment does not have Sanitation Standard Operating Procedures as specified in 603-029-2145;

(d) Sanitary conditions are such that products in the state-inspected establishment are or would be rendered adulterated;

(e) The state-inspected establishment violated the terms of a regulatory control action;

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

(g) The state-inspected establishment did not destroy a condemned meat, meat product, or meat animal that has been found to be adulterated and that has not been reprocessed, in accordance with OAR 603-029-0800 to 603-029-0850, within three days of notification.

(2) The Department also may impose a suspension without providing the state-inspected establishment prior notification because the state-inspected establishment is handling or slaughtering animals inhumanely.

Notes

Or. Admin. Code § 603-029-1560

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