603-029-0010
Definitions

The definitions set forth in ORS chapter 603, ORS chapter 616, ORS chapter 619, and OAR 603-028-0005 apply to these Division 29 rules. As used in these Division 29 rules, except as otherwise specified, the following terms shall have the meanings stated below:

(1) “Adulterated” means any carcass, part thereof, meat or meat product under one or more of the following circumstances:

(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance such food shall not be considered adulterated under this paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health.

(b) If it bears or contains any added poisonous or added deleterious substance, other than a pesticide chemical in or on a raw agricultural commodity and other than a food additive or color additive, which is unsafe within the meaning of ORS 616.245, or it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of ORS 616.341 or if it is, bears or contains any food additive which is declared unsafe by the State Department of Agriculture under ORS 616.350. However, when a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under ORS 616.341, and such raw agricultural commodity has been subjected to processing, such as canning, cooking, freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or on such processed food, notwithstanding ORS 616.341 and this section are not unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready-to-eat, is not greater than the tolerance prescribed for the raw agricultural commodity.

(c) If it consists in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or if it is otherwise unfit for food.

(d) If it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health.

(e) If it is, in whole or in part, the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse.

(f) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(g) If any valuable constituent has been in whole or in part omitted or abstracted therefrom;

(h) If any substance has been substituted wholly or in part therefor;

(i) If damage or inferiority has been concealed in any manner; or

(j) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.

(k) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to ORS 616.205(11);

(2) “Anesthesia” means Loss of sensation or feeling.

(3) “Animal food manufacturer” means “animal food slaughtering or processing establishment” as defined in ORS 619.010(2).

(4) “Article” means any part of a meat animal or any product prepared therefrom, in any form, state, or stage of preparation, that is intended or ordinarily used for human consumption.

(5) “Artificial coloring” means a coloring containing any dye or pigment, which dye or pigment was manufactured by a process of synthesis or other similar artifice, or a coloring which was manufactured by extracting a natural dye or natural pigment from a plant or other material in which such dye or pigment was naturally produced.

(6) “Artificial flavoring” means a flavoring containing any sapid or aromatic constituent, which constituent was manufactured by a process of synthesis or other similar artifice.

(7) “Biological residue” means any substance, including metabolites, remaining in livestock at time of slaughter or in any of its tissues after slaughter as the result of treatment or exposure of the livestock to a pesticide, organic or inorganic compound, hormone, hormone-like substance, growth promoter, antibiotic, anthelmintic, tranquilizer, or other therapeutic or prophylactic agent.

(8) “Byproduct” includes pork stomachs or snouts; beef, veal, lamb, or goat tripe; beef, veal, lamb, goat, or pork hearts, tongues, fat, lips, weasands, and spleens; and partially defatted pork fatty tissue, or partially defatted beef fatty tissue.

(9) “Captive bolt” means a stunning instrument which when activated drives a bolt out of a barrel for a limited distance.

(10) “Carbon dioxide” means a gaseous form of the chemical formula CO2.

(11) “Carbon dioxide concentration” means a ratio of carbon dioxide gas and atmospheric air.

(12) “Carcass” means all parts, including viscera, of any slaughtered meat animal.

(13) “Chemical preservative” means any chemical that, when added to a meat or meat product, tends to prevent or retard deterioration thereof, but does not include common salt, sugars, vinegars, spices, or oils extracted from spices or substances added to meat and meat products by exposure to wood smoke.

(14) “CIS establishment” means an establishment in a state other than Oregon that is inspected by employees of that state pursuant to the Cooperative Interstate Shipment program established in 21 USC § 683(b) and 9 CFR §321.3.

(15) “Color additive” has the meaning given in ORS 616.205(3).

(16) “Commerce” means commerce in the State of Oregon.

(17) “Consciousness” means responsiveness of the brain to the impressions made by the senses.

(18) “Cutting up” means any division of any carcass or part thereof, except that the trimming of carcasses or parts thereof to remove surface contaminants is not considered as cutting up.

(19) “Dead meat animal” means the body (cadaver) of a meat animal which has died otherwise than by slaughter.

(20) “Director” means the Director of the Oregon Department of Agriculture or the Director’s delegate.

(21) “Dying, Diseased, or Disabled Meat Animal” means a meat animal which has or displays symptoms of having any of the following:

(a) Central nervous system disorder;

(b) Abnormal temperature (high or low);

(c) Difficult breathing;

(d) Abnormal swellings;

(e) Lack of musculature coordination;

(f) Inability to walk normally or stand;

(g) Any of the conditions for which meat animals are required to be condemned on ante-mortem inspection in accordance with the regulations in OAR 603-029-0300 to 603-029-0395.

(22) “Edible” means intended for use as human food.

(23) “Experimental animal” means any animal used in any research investigation involving the feeding or other administration of, or subjection to, an experimental biological product, drug, or chemical or any nonexperimental biological product, drug, or chemical used in a manner for which it was not intended.

(24) “Exposure time” means the period of time an animal is exposed to an anesthesia-producing carbon dioxide concentration.

(25) “Federal Food, Drug, and Cosmetic Act” means 21 USC §§ 301 – 399i.

(26) “Firm” means any partnership, association, or other unincorporated business organization.

(27) “Food additive” has the meaning given in 21 USC § 321(s).

(28) “FSIS” means the Food Safety and Inspection Service of the U.S. Department of Agriculture.

(29) “Further processing” means smoking, cooking, canning, curing, refining, or rendering in a state-inspected establishment of product previously prepared in official federal establishments.

(30) “Immediate container” means the receptacle or other covering in which any product is directly contained or wholly or partially enclosed.

(31) “Inedible” means adulterated, uninspected, or not intended for use as human food.

(32) “Inspected and passed” or “Oregon Inspected and Passed” or “Oregon Inspected and Passed by Department of Agriculture” (or any authorized abbreviation thereof) means that the product so identified has been inspected and passed under these Division 29 rules, and at the time it was inspected, passed, and identified, it was found to be not adulterated.

(33) “Inspector” means a Department employee, including but not limited to a supervisor, who has been trained to inspect meat animals and meat products at a state-inspected establishment.

(34) “Meat broker” means any person, firm, or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm, or corporation.

(35) “Misbranded” means any carcass, part thereof, meat or meat product under one or more of the following circumstances:

(a) If its labeling is false or misleading in any particular, or fails to conform to ORS 616.325.

(b) If it is offered for sale under the name of another food.

(c) If it is an imitation of another food, unless its label bears in type of uniform size and prominence the word “imitation” and, immediately thereafter, the name of the food imitated.

(d) If its container is so made, formed or filled as to be misleading.

(e) If in package form:

(A) Unless it bears a label containing:

(i) The name and place of business of the manufacturer, packer or distributor; and

(ii) An accurate statement of the net quantity of the contents in terms of weight, measure, volume or numerical count. The statement shall be separately and accurately stated upon the principal display panel of the label.

(B) The same reasonable variations allowed in ORS chapter 618 shall be permitted.

(C) Exemptions as to small packages shall be established by rules promulgated by the State Department of Agriculture.

(f) If any word, statement or other information required by or under authority of ORS 616.205 to 616.295 to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(g) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by rule as provided by ORS 616.230, unless it conforms to such definition and standard and its label bears the name of the food specified in the definition and standard, and, in so far as may be required by such rule, the common names of optional ingredients, other than spices, flavoring and coloring present in such food.

(h) If it purports to be or is represented as a food for which a standard of quality has been prescribed by rule as provided by ORS 616.230 and its quality falls below the standards such rule specifies, a statement that it falls below such standard.

(i) If it is a food for which a standard or standards of fill of container have been prescribed by rule as provided by ORS 616.230, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such rule specifies, a statement that it falls below such standard.

(j) If it is not subject to the provisions of subsection (7) of this section, unless its label bears:

(A) The common or usual name of the food, if any there be; and

(B) In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient. However, spices, flavorings and colorings, other than those sold as such, may be designated as spices, flavorings and colorings, without naming them. To the extent that compliance with the requirements of paragraph (b) of this subsection is impractical or results in deception or unfair competition, exemptions shall be established by rule promulgated by the department.

(k) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the department determines to be, and by rule prescribed as, necessary in order to fully inform purchasers as to its value for such uses.

(l) If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subsection is impracticable, exemptions shall be established by rule promulgated by the department. This subsection and subsections (7) and (10) of this section with respect to artificial coloring do not prohibit the use of harmless coloring matter in butter, cheese or ice cream. The provisions of this subsection with respect to chemical preservatives do not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the product of the soil.

(m) If it is a raw agricultural commodity which is the product of the soil, bearing or containing a pesticide chemical applied after harvest, unless the shipping container of such commodity bears labeling which declares the presence of such chemical in or on such commodity and the common or usual name and the function of such chemical. However, no such declaration is required while such commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of such container in accordance with the custom of the trade.

(n) If following the labeled directions or instructions on the product in using it as a food ingredient will result in the final food being adulterated or misbranded.

(o) If it is a color additive, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal Act.

(p) If it has been salvaged, unless it bears labeling or notification stating that fact. For the purposes of this subsection, “salvaged” means the reconditioning, repacking, relabeling, cleaning or culling of foods that have been damaged or adulterated as a result of fire, storm, flood, water, smoke, chemicals, radiation or commercial transit accident.

(q) if it fails to bear, directly thereon or on its container, as the Director may by rules prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the Director may require in such rules to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.

(36) “Nonamenable species” means any species of meat animal except for cattle, sheep, swine, goats, or poultry.

(37) “Nonfood compound” means any substance proposed for use in state-inspected establishments, the intended use of which will not result, directly or indirectly, in the substance becoming a component or otherwise affecting the characteristics of meat food and meat products, excluding labeling and packaging materials as covered in OAR 603-029-1000 to 603-029-1058.

(38) “Official certificate” means any certificate prescribed by rules of the Department for issuance by an inspector or other person performing official functions under these Division 29 rules.

(39) “Official federal establishment” means an establishment that is continuously inspected by FSIS pursuant to the Federal Meat Inspection Act.

(40) “Official federal inspection legend” means any symbol prescribed by 9 CFR Part 312 showing that an article was inspected and passed by FSIS in accordance with the Act.

(41) “Official federal mark” means any official federal inspection legend or other symbol that is prescribed by 9 CFR Part 312 to identify the status of any article or animal.

(42) “Official mark” means an official federal mark or an Oregon mark.

(43) “Oregon Condemned” means that the livestock so identified has been inspected and found to be in a dying condition, or to be affected with any other condition or disease that would require condemnation of its carcass.

(44) “Oregon Detained” means that the carcass, viscera, other part of carcass, or other product, or article so identified is held pending disposal.

(45) “Oregon device” means any device prescribed or authorized by the Department for use in applying any Oregon mark.

(46) “Oregon Inspected and Condemned” (or any authorized abbreviation thereof) means that the carcass, viscera, other part of carcass, or other product so identified has been inspected, found to be adulterated, and condemned under these Division 29 rules.

(47) “Oregon inspection legend” means any symbol prescribed by these Division 29 rules showing that an article was inspected and passed in accordance with these Division 29 rules.

(48) “Oregon mark” means the Oregon inspection legend or any other symbol prescribed by these Division 29 rules to identify the status of any article or animal.

(49) “Oregon Passed for Cooking” means that the meat or meat byproduct so identified has been inspected and passed on condition that it be cooked or rendered as prescribed by the regulations in OAR 603-029-0880 to 603-029-0890.

(50) “Oregon Passed for Refrigeration” means that the meat or meat byproduct so identified has been inspected and passed on condition that it be refrigerated or otherwise handled as prescribed by the regulations in OAR 603-029-0500 to 603-029-0574.

(51) “Oregon Retained” means that the carcass, viscera, other part of carcass, or other product, or article so identified is held for further examination by an inspector to determine its disposal.

(52) “Oregon Suspect” means that the livestock so identified is suspected of being affected with a disease or condition which may require its condemnation, in whole or in part, when slaughtered, and is subject to further examination by an inspector to determine its disposal.

(53) “Packaging material” means any cloth, paper, plastic, metal, or other material used to form a container, wrapper, label, or cover for meat or meat products.

(54) “Pesticide chemical” has the meaning given in 21 USC § 321(q)(1).

(55) “Potable water” has the meaning given in OAR 333-061-0020(115).

(56) “Prepared” has the meaning given that term in ORS 619.010.

(57) “Primal part” means, for beef, chuck, rib, loin, round, flank, short plate, brisket, and shank; for pork, shoulder, loin, leg, and side; for sheep or lamb, shoulder, breast, rib, loin, and leg; and for goats, the leg, flank, loin, rack, breast, and shoulder.

(58) “Process authority” means a person or organization with expert knowledge in meat production process control and relevant regulations. This definition does not apply to OAR 603-029-2600 to 603-029-2655.

(59) “Process schedule” means a written description of processing procedures, consisting of any number of specific, sequential operations directly under the control of the establishment employed in the manufacture of a specific product, including the control, monitoring, verification, validation, and corrective action activities associated with production. This definition does not apply to OAR 603-029-2600 to 603-029-2655.

(60) “Product” means any carcass, meat, meat byproduct, or meat food product, capable of use as human food.

(61) “Raw agricultural commodity” has the meaning given in ORS 616.205(19).

(62) “Ready-to-cook (RTC) pork product” means any slaughtered pork product sufficiently free from bile, hair, scurf, dirt, hooves, toenails, claws, bruises, edema, scabs, skin lesions, icterus, foreign material, and odor, which is suitable for cooking without need of further processing.

(63) “Regulatory control action” means the retention of meat or meat products, rejection of equipment or facilities, slowing or stopping of lines, or refusal to allow the processing of specifically identified meat or meat product.

(64) “Renderer” means any person, firm, or corporation engaged in the business of rendering carcasses or parts or products of the carcasses, of meat animals, except rendering conducted under inspection or exemption under these Division 29 rules.

(65) “Serviceperson” has the meaning given in OAR 603-027-0670(5).

(66) “Service agency” has the meaning given in OAR 603-027-0670(4).

(67) “Shipping container” means the outside container (box, bag, barrel, crate, or other receptacle or covering) containing or wholly or partly enclosing any product packed in one or more immediate containers.

(68) “State-inspected establishment” means any establishment inspected by the Oregon Department of Agriculture pursuant to these Division 29 rules.

(69) “Supervision” means the controls, as prescribed in instructions to Department employees, to be exercised by them over particular operations to ensure that such operations are conducted in compliance with these Division 29 rules.

(70) “Supervisor” means a Food Safety Program Manager, Veterinary Medical Officer, or Meat Program Lead employed by the Department.

(71) “Surgical anesthesia” means a state of unconsciousness measured in conformity with accepted surgical practices.

(72) “Suspension” means an interruption in the assignment of Department employees to all or part of an establishment.

(73) “The Act” means the Federal Meat Inspection Act, as amended, (34 Stat. 1260, as amended, 81 Stat. 584, 84 Stat. 438, 92 Stat. 1069, 21 U.S.C., sec. 601 et seq.).

(74) “Veterinary Medical Officer” means the State Veterinarian or any other veterinarian employed by the Department who has undergone FSIS supervisory public health veterinary training.

(75) “Withholding action” means the refusal to allow the marks of inspection to be applied to meat or meat products. A withholding action may affect all meat product in the establishment or meat product produced by a particular process.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0015
Scope

The following types of establishments are subject to these Division 29 rules if they are inspected by the Oregon Department of Agriculture pursuant to a program of state meat inspection authorized by ORS chapter 603, and ORS chapter 619 that imposes requirements that are at least equal to those imposed under the Federal Meat Inspection Act (21 U.S.C. §§ 601 – 695) and the Humane Methods of Slaughter Act (7 U.S.C. §§ 1901 – 1907):

(1) Slaughterhouse, as defined in ORS 603.010(12) and ORS 603.025(4)(c);

(2) Meat seller, as defined in ORS 603.010(8) and ORS 603.025(4)(a); and

(3) Non-slaughtering processor, as defined in ORS 603.010(9) and ORS 603.025(4)(b).

Statutory/Other Authority: ORS 603.085, ORS 619.046 & OL 2020, Ch. 6
Statutes/Other Implemented: ORS 603.085, ORS 619.046 & ORS 619.042
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0020
Exemptions

(1) The rules in this Division 29 do not apply to:

(a) The slaughtering by any individual of meat animals of his own raising, and the preparation by him and transportation in commerce of the carcasses, parts thereof, meat and meat products of such meat animals exclusively for use by him and members of his household and his nonpaying guests and employees;

(b) Custom slaughter or custom processing, provided that the following requirements are met:

(A) If custom slaughter or custom processing are conducted in a state-inspected establishment, all of the provisions of OAR 603-029-2100 to 603-029-2175 of shall apply to that custom slaughter or custom processing;

(B) If a custom slaughtering establishment or custom processing establishment prepares or handles any products for sale, they must be kept separate and apart from the custom products at all times while the latter are in the establishment’s custody;

(C) If custom slaughter or custom processing is conducted in a state-inspected establishment, all facilities and equipment in the state-inspected establishment used for such custom slaughter or custom processing shall be thoroughly cleaned and sanitized before they are used for preparing any products for sale; and

(D) The exempted custom products shall be prepared and handled in accordance with OAR chapter 603, division 28.

(c) Custom slaughtering establishments and custom processing establishments claiming exemption under section (1)(b) of this rule shall keep records, in addition to records otherwise required by OAR 603-029-1300 to 603-029-1330, showing the numbers and kinds of meat animals slaughtered on a custom basis, the quantities and types of products prepared on a custom basis, and the names and addresses of the owners of the meat animals and products.

(d) Articles capable of use as human food, resulting from exempted custom slaughter or exempted custom processing, shall be promptly denatured or otherwise identified in accordance with OAR 603-029-1440 and not removed from the establishment where the custom operations are conducted until so identified, unless they are delivered to the owner of the articles for use in accordance with subsection (1)(b) of this rule.

(2)(a) The requirements of ORS 619 and this Division 29 for inspection of the preparation of products do not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities, or service of such articles to consumers at such establishments.

(b) For purposes of subsection (2)(a) of this rule:

(A) Operations of types traditionally and usually conducted at retail stores are the following:

(i) Cutting up, slicing, and trimming carcasses, halves, quarters, or wholesale cuts into retail cuts such as steaks, chops, and roasts, and freezing such cuts;

(ii) Grinding and freezing products made from meat;

(iii) Curing, cooking, smoking, rendering or refining of meat animal fat, or other preparation of products, except slaughtering or the retort processing of canned products;

(iv) Breaking bulk shipments of products;

(v) Wrapping or rewrapping products.

(B) Any quantity or product purchased by a consumer from a particular retail supplier shall be deemed to be a normal retail quantity if the quantity so purchased does not in the aggregate exceed one-half carcass. The following amounts of product will be accepted as representing one-half carcass of the species identified:

(i) Cattle 300 pounds

(ii) Calves 37.5 pounds

(iii) Sheep 27.5 pounds

(iv) Swine 100 pounds

(v) Goats 25 pounds

(C) A retail store is any food establishment where:

(i) The sales of product are made to consumers only;

(ii) At least 75 percent, in terms of dollar value, of total sales of product represents sales to household consumers and the total dollar value of sales of product to consumers other than household consumers does not exceed $84,900.

(iii) Only federally or State inspected and passed product is handled or used in the preparation of any product, except that product resulting from the custom slaughter or custom preparation of product may be handled or used in accordance with subsection (1)(b) and section (2) of this rule but not for sale;

(iv) No sale of product is made in excess of a normal retail quantity as defined in paragraph (2)(b)(B) of this rule;

(v) The preparation of products for sale to household consumers is limited to traditional and usual operations as defined in paragraph (2)(b)(A) of this rule; and

(vi) The preparation of products for sale to other than household consumers is limited to traditional and usual operations as defined in subparagraphs (2)(b)(A) (i), (ii), (iv), and (v) of this rule. (A retail store at which custom slaughtering or preparation of products is conducted is not thereby disqualified from exemption as a retail store under this section (2).)

(D) Restaurants.

(i) A restaurant is any establishment where:

(I) Product is prepared only for sale or service in meals or as entrees directly to individual consumers at such establishments;

(II) Only federally or State inspected and passed product or such product prepared at a retail store exempted under paragraph (2)(b)(C) of this rule is handled or used in the preparation of any product;

(III) No sale of product is made in excess of a normal retail quantity as defined in paragraph (2)(b)(B) of this rule; and

(IV) The preparation of product is limited to traditional and usual operations as defined in paragraph (2)(b)(A) of this rule.

(ii) The definition of a restaurant includes a caterer which delivers or serves product in meals, or as entrees, only to individual consumers and otherwise meets the requirements of this paragraph.

(iii) For purposes of this paragraph, operations conducted at a restaurant central kitchen facility shall be considered as being conducted at a restaurant if the restaurant central kitchen prepares meat or meat food products that are ready to eat when they leave such facility (i.e., no further cooking or other preparation is needed, except that they may be reheated prior to serving if chilled during transportation), transported directly to a receiving restaurant by its own employees, without intervening transfer or storage, maintained in a safe, unadulterated condition during transportation, and served in meals or as entrees only to customers at restaurants, or through vending machines, owned or operated by the same person that owns or operates such facility, and which otherwise meets the requirements of this paragraph: Provided, That the requirements of OAR 603-029-1300 to 603-029-1315 apply to such facility. Provided further, That the exempted facility may be subject to inspection requirements under Division 29 for as long as the Department deems necessary, if the Department determines that the sanitary conditions or practices of the facility or the processing procedures or methods at the facility are such that any of its meat or meat products are rendered adulterated. When the Department has made such determination and subjected a restaurant central kitchen facility to such inspection requirements, the operator of such facility shall be afforded an opportunity to dispute the Department’s determination in a hearing pursuant to rules of practice which will be adopted for this proceeding.

(E) Similar retail-type establishment: Any establishment which is a combination retail store and restaurant, and is regulated by the Department pursuant to the Memorandum of Understanding between the Department and the Oregon Health Authority; or other establishment as determined by the Department in specific cases.

(F) Consumer: Any household consumer, hotel, restaurant, or similar institution as determined by the Department in specific cases.

(c) Whenever any complaint is received by the Department from any person alleging that any retail store claiming exemption under this section (2) has been operated in violation of the conditions prescribed in OAR 603-029-0020 for exemption, and the Department, upon investigation of the complaint, has reason to believe that any such violation has occurred, it shall so notify the operator of the retail store and afford it reasonable opportunity to present its views informally with respect to the matter. Thereafter, if the Department still has reason to believe that such a violation has occurred, and that a requirement that the operator keep records concerning the operations of the retail store would effectuate the purposes of ORS chapter 603 and these Division 29 rules, the Department shall order the operator to maintain complete, accurate, and legible records of total monthly purchases and of total monthly sales of meat, meat byproducts, and meat products, in terms of dollar values of the products involved. Such records shall separately show total sales to household consumers and total sales to other consumers and shall be maintained for the period prescribed in OAR 603-029-1310. If the operator maintains copies of bills of lading, receiving and shipping invoices, warehouse receipts, or similar documents which give the information required herein, additional records are not required by this subsection.

(4)(a) The Division 29 rules pertaining to inspection of the preparation of products do not apply to meat pizzas containing meat product ingredients which were prepared, inspected, and passed in a cured or cooked form as ready-to-eat (i.e., no further cooking or other preparation is needed) in compliance with the requirements of these Division 29 rules, if the meat pizzas are to be served in public institutions or private nonprofit institutions, provided that the meat pizzas are ready-to-eat (i.e., no further cooking or other preparation is needed, except that they may be reheated prior to serving if chilled during transportation), transported directly to the receiving institution by employees of the preparing firm, receiving institution, or a food service management company contracted to conduct food service at the public or private nonprofit institution, without intervening transfer or storage. The rules in OAR chapter 603, division 25, apply to any such institutions that are under the Department’s jurisdiction.

(b) For purposes of this subsection, the term “private nonprofit institution” means “a corporation, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.”

(c)(A) The Department may withdraw or modify the exemption set forth in OAR 603-029-0020(4)(a) for a particular establishment when it determines that such action is necessary to ensure food safety and public health. Before such action is taken, the establishment shall be notified, in writing, of the reasons for the proposed action and shall be given an opportunity to respond, in writing, to the Department within 20 days after notification of the proposed action. The written notification shall be served on the owner or operator of the establishment either personally or by registered or certified mail.

(B) If the establishment does not respond to the written notification regarding the withdrawal or modification of the exemption, or if the Department is not satisfied with the establishment’s response, the Department may issue a written Notice of Withdrawal or Modification of Exemption to the establishment. The Notice of Withdrawal or Modification of Exemption shall:

(i) State the effective date of the action(s);

(ii) Describe the reasons for the action(s);

(iii) Identify the products or processes affected by the action(s);

(iv) Advise the establishment that it may challenge the action by requesting that a supervisor review the propriety of the action; and

(v) Comply with the requirements of ORS 183.415.

(C) The establishment may file a written request for a hearing with the Department within 20 days of issuance of the Notice of Withdrawal or Modification of Exemption. If the establishment timely requests a hearing, such hearing will be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3.

(D) If the Department determines that the condition prompting the Notice of Withdrawal or Modification of Exemption poses a serious danger to the public health or safety, the Department may make the Notice of Withdrawal or Modification of Exemption effective immediately. In such circumstances, OAR 137-003-0560 is applicable.

(5) The adulteration and misbranding provisions of these Division 29 rules, other than the requirement of the official inspection legend, apply to articles which are exempted from inspection or not required to be inspected under this rule.

(6) The Department may in specific classes of cases waive for limited periods any provisions of these Division 29 rules in order to permit appropriate and necessary action in the event of a public health emergency or to permit experimentation so that new procedures, equipment, and/or processing techniques may be tested to facilitate definite improvements: Provided, That such waivers of the provisions of such rules are not in conflict with the purposes or provisions of ORS chapter 619.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0100
Application for Inspection

(1) Each establishment that wishes to be inspected by the Department under Division 29 shall make application therefor to the Department as provided for in OAR 603-029-0100 through 603-029-0115.

(2) Every application for such inspection shall be made on an official form furnished by the Department and shall be completed to include all information requested. Trade names of the applicant for labeling purposes, shall be inserted in the appropriate blank in the application. Each applicant for inspection will be held responsible for compliance with the applicable Division 29 rules if inspection is granted. Preparation of product and other operations at the establishment for which inspection is granted may be conducted only by the applicant named in the application.

(3) In cases of change of ownership or location, a new application shall be made.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0105
Information to be Furnished; Grant or Refusal of Inspection

(1) The Department shall give notice in writing to each applicant granted inspection and shall specify in the notice the establishment, including the limits of the establishment's premises, to which the grant pertains.

(2) The Department is authorized to grant inspection upon the determination that the applicant and the establishment are eligible therefor and to refuse to grant inspection at any establishment if it determines that it does not meet the requirements of OAR 603-029-0100 through 603-029-0115 or that the applicant has not received approval of labeling and containers to be used at the establishment as required by the regulations in OAR 603-029-0900 to 603-029-1058. Any application for inspection may be refused in accordance with OAR 603-029-1555.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0110
Conditions for Receiving Inspection

(1) Before being granted inspection, an establishment must have developed written Sanitation Standard Operating Procedures, as required by OAR 603-029-2100 to 603-029-2175, and written recall procedures as required by OAR 603-029-2300 to 603-029-2310.

(2) Before being granted inspection, an establishment shall have conducted a hazard analysis and developed and validated a HACCP plan, as required by OAR 603-029-2205 to 603-029-2215. A conditional grant of inspection shall be issued for a period not to exceed 90 days, during which period the establishment must validate its HACCP plan.

(3) Before producing new product for distribution in commerce, an establishment shall have conducted a hazard analysis and developed a HACCP plan applicable to that product in accordance with OAR 603-029-2205. During a period not to exceed 90 days after the date the new product is produced for distribution in commerce, the establishment shall validate its HACCP plan, in accordance with OAR 603-029-2215.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0115
Refusal to Grant Inspection

(1) The Department may issue a Notice of Refusal to Grant Inspection because:

(a) An establishment does not have a HACCP plan as required by OAR 603-029-1000 to 603-029-1058;

(b) An establishment does not have Sanitation Standard Operating Procedures as required by OAR 603-029-2100 to 603-029-2175;

(c) An establishment has not demonstrated that adequate sanitary conditions exist in the establishment as required OAR 603-029-2100 to 603-029-2175;

(d) An establishment has not demonstrated that livestock will be handled and slaughtered humanely; or

(e) An establishment, or anyone responsibly connected with the establishment, has been convicted, in any federal or state court, of:

(A) Any felony, or

(B) More than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. A person shall be deemed to be responsibly connected with an establishment if the person was a partner, officer, director, holder, or owner of 10 percent or more of its voting stock or was an employee in a managerial or executive capacity.

(2) If the Department issues a Notice of Refusal to Grant Inspection, the establishment may file a written request for a hearing with the Department within 20 days of issuance of the Notice of Refusal to Grant Inspection. If the establishment timely requests a hearing, such hearing shall be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0140
Official Numbers; Subsidiaries and Tenants

(1) An official number shall be assigned to each establishment granted inspection pursuant to these Division 29 rules. Such number shall be used to identify all inspected and passed products prepared in the state-inspected establishment. More than one number shall not be assigned to a state-inspected establishment.

(2) Two or more state-inspected establishments under the same ownership or control may be granted the same official number, provided a serial letter is added in each case to identify each establishment and the products thereof.

(3) When inspection has been granted to any applicant at an establishment, it shall not be granted to any other person at the same establishment. However, persons operating as separate entities in the same building or structure may operate separate establishments therein only under their own grant of inspection. All such persons operating separate establishments in the same building or structure shall be responsible for compliance with these Division 29 rules in their own establishments, which shall include common areas, e.g., hallways, stairways, and elevators.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0145
Separation of State-Inspected Establishments

(1) Each state-inspected establishment shall be separate and distinct from any establishment that is not state-inspected pursuant to these Division 29 rules.

(2) Inspection shall not be inaugurated in any building, any part of which is used as living quarters, unless the part for which inspection is requested is separated from such quarters by floors, walls, and ceilings of solid concrete, brick, wood, or similar material, and the floors, walls, and ceilings are without openings that directly or indirectly communicate with any part of the building used as living quarters.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0150
Sanitation and Adequate Facilities

Inspection shall not be inaugurated if an establishment is not in a sanitary condition nor unless the establishment agrees to maintain a sanitary condition and provides adequate facilities for conducting such inspection.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0155
Inauguration of Inspection

When inspection is granted, the Department shall, at or prior to the inauguration of inspection, inform the operator of the establishment of the requirements of this Division 29. If the establishment, at the time inspection is inaugurated, contains any product which has not theretofore been inspected, passed, and marked in compliance with this Division 29, the identity of the same shall be maintained, and it shall not be distributed in commerce, or otherwise subject to the requirements of such regulations, or dealt with as inspected and passed under the regulations. The establishment shall adopt and enforce all necessary measures and shall comply with all such directions as the Department may prescribe, for carrying out the purposes of this rule

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0160
Reports of Violations

Department employees shall report, in a manner prescribed by the Department, all violations of ORS chapter 619 or these Division 29 rules regarding which they have information.

Statutory/Other Authority: ORS 603.015, ORS 619.021 & ORS 619.042
Statutes/Other Implemented: ORS 603.015, ORS 619.021 & ORS 619.042
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0200
Facilities for Department Employees

Office space, including necessary furnishings, light, heat, and janitor service, shall be provided by state-inspected establishments, rent free, for the exclusive use for official purposes of the inspector and other Department employees assigned thereto. The space set aside for this purpose shall meet with approval of a supervisor and shall be conveniently located, properly ventilated and provided with lockers suitable for the protection and storage of Department supplies and with facilities suitable for Department employees to change clothing if such clothes changing facilities are deemed necessary by the Department. At the discretion of the Department, small state-inspected establishments requiring the services of less than one full time inspector need not furnish facilities for Department employees as prescribed in this section, where adequate facilities exist in a nearby convenient location.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0205
Other Facilities and Conditions to be Provided by the State-Inspected Establishment

When required by the Department, the following facilities and conditions, and such others as may be found to be essential to efficient conduct of inspection and maintenance of sanitary conditions, shall be provided by each state-inspected establishment:

(1) Satisfactory pens, equipment, and assistants for conducting ante-mortem inspection and for separating, marking and holding apart from passed meat animals those marked “Oregon suspect” and those marked “Oregon condemned” (pens, alleys, and runways shall be paved, drained, and supplied with adequate hose connections for cleanup purposes);

(2) Sufficient light to be adequate for proper conduct of inspection;

(3) Racks, receptacles, or other suitable devices for retaining such parts as the head, tongue, tail, thymus gland, and viscera, and all parts and blood to be used in the preparation of meat or meat products or medical products, until after the post-mortem examination is completed, in order that they may be identified in case of condemnation of the carcass; equipment, trucks, and receptacles for the handling of viscera of slaughtered meat animals so as to prevent contact with the floor; and trucks, racks, marked receptacles, tables, and other necessary equipment for the separate and sanitary handling of carcasses or parts passed for cooking;

(4) Tables, benches, and other equipment on which inspection is to be performed, of such design, material, and construction as to enable Department employees to conduct their inspection in a ready, efficient and clean manner;

(5) Watertight metal trucks or receptacles for holding and handling diseased carcasses and parts, so constructed as to be readily cleaned; such trucks or receptacles to be marked in a conspicuous manner with the phrase “Oregon condemned” in letters not less than 2 inches high, and, when required by a supervisor, to be equipped with facilities for locking or sealing;

(6) Adequate arrangements, including liquid soap and cleansers, for cleansing and disinfecting hands, for sterilizing all implements used in dressing diseased carcasses, floors, and such other articles and places as may be contaminated by diseased carcasses or otherwise;

(7) In state-inspected establishments in which slaughtering is done, rooms, compartments, or specially prepared open places, to be known as “final inspection places,” at which the final inspection of retained carcasses may be conducted (competent assistants for handling retained carcasses and parts shall be provided by the state-inspected establishment; final inspection places shall be adequate in size and their rail arrangement and other equipment shall be sufficient to prevent carcasses and parts passed for food or cooking from being contaminated by contact with condemned carcasses or parts; they shall be equipped with hot water, lavatory, sterilizer, tables, and other equipment required for ready, efficient, and sanitary conduct of the inspection; the floors shall be of such construction as to facilitate the maintenance of sanitary conditions and shall have proper drainage connections, and when the final inspection place is part of a larger floor, it shall be separated from the rest of the floor by a curb, railing, or otherwise);

(8) Retention rooms, cages, or other compartments, and receptacles in which carcasses and product may be held for further inspection (these shall be in such number and in such locations as the needs of the inspection in the state-inspected establishment may require; they shall be equipped for secure locking or sealing and shall be held under locks or Oregon seals furnished by the Department; the keys of such locks shall not leave the custody of Department employees. Every such room, compartment, or receptacle shall be marked conspicuously with the phrase “Oregon retained” in letters not less than 2 inches high; rooms or compartments for these purposes shall be secure and susceptible of being kept clean, including a sanitary disposal of the floor liquids; establishment employees shall not enter any retention rooms or compartments or open any retention receptacles unless authorized by Department employees);

(9) Adequate facilities, including denaturing materials, for the proper disposal of condemned articles in accordance with the regulations in this Division 29 (tanks or other rendering equipment which, under the regulations in this Division 29, must be sealed, shall be properly equipped for sealing as specified by the regulations in OAR 603-029-0800 to 603-029-0850 or by a supervisor in specific cases);

(10) Docks and receiving rooms, to be designated by the operator of the state-inspected establishment, with a supervisor, for the receipt and inspection of all products as provided in OAR 603-029-1110

(11) Suitable lockers in which brands bearing the Oregon inspection legend and other Oregon devices (excluding labels) and official certificates shall be kept when not in use (all such lockers shall be equipped for sealing or locking with locks or seals to be supplied by the Department; the keys of such locks shall not leave the custody of Department employees);

(12) Sanitary facilities and accommodations as prescribed by OAR 603-029-2010(3) to (6), and (8).

(13) In addition to any facilities required to accomplish sanitary dressing procedures, the following inspection station facilities for cattle and swine slaughter lines described in OAR 603-029-0401(2) are required:

(a) An inspection station consisting of 5 feet of unobstructed line space for each head or carcass inspector and, for viscera table kills, 8 feet for each viscera inspector on the inspector's side of the table.

(b) A minimum of 50-foot candles of shadow-free lighting at the inspection surfaces of the head, viscera, and carcass.

(c) A handwash lavatory (other than one which is hand operated), furnished with soap, towels, and hot and cold water, and located adjacent to the inspector's work area. In addition, for each head and viscera inspector on cattle slaughter lines, and each head inspector on swine slaughter lines, a sterilizer located adjacent to the inspector's work area.

(d) For mechanized operations, a line control switch located adjacent to each inspection station.

(e) Facilities to position tally sheets or other recording devices, such as digital counters, and facilities to contain condemned brands.

(f) For swine slaughter lines requiring three or more inspectors, and for those one- and two-inspector configurations where the establishment installs a mirror: At the carcass inspection station one glass or plastic, distortion-free mirror, at least 5 feet × 5 feet, mounted far enough away from the vertical axis of the moving line to allow the carcass to be turned, but not over 3 feet away, and so mounted that any inspector standing at the carcass inspection station can readily view the back of the carcass.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0215
Inspectors to Maintain Sanitary Conditions

Inspectors shall maintain garments and implements in sanitary condition as prescribed by OAR 603-029-2110(1).

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0225
Overtime Charges and Holiday Inspection Service

(1) For all services performed during the following times (which will be considered overtime), the State-inspected establishment shall be charged at a rate that is 150% of the base rate established in OAR 603-029-0220 for all time involved. Overtime charges shall be figured to the nearest one-half hour:

(a) Times between 6 pm and 7 am Monday through Friday of each week;

(b) After eight hours per facility visit;

(c) At any time on Saturdays or Sundays; and

(d) At any time on any day which is declared by law to be a holiday for state employees.

(2) Overtime Service Charge: The minimum overtime service charge for Saturdays, Sundays and other legal holidays shall be four hours.

(3) Charges may also be made to cover other expenses incurred by the department in connection with the furnishing of the service.

(4) No Service Days: No service will be given on Thanksgiving, Christmas, or New Year’s Day.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0230
Schedule of Operations

(1) No operations requiring inspection shall be conducted except under the supervision of a Department employee. All slaughtering of animals and preparation of products shall be done with reasonable speed, considering the state-inspected establishment’s facilities.

(2) A shift is a regularly scheduled operating period, exclusive of mealtime. One lunch period is the only official authorized interruption in the inspector’s tour of duty once it begins. Lunch periods may be 30 minutes, 45 minutes, or in any case may not exceed one hour in duration. Once established, the lunch period must remain relatively constant as to time and duration. Lunch periods for inspectors shall not, except as provided herein, occur prior to 4 hours after the beginning of scheduled operations nor later than 5 hours after operations begin. In plants where a company rest break of not less than 30 minutes is regularly observed, approximately midpoint between start of work and the lunch period, and the inspector is allowed this time to meet his personal needs, the lunch period may be scheduled as long as 5 ½ hours after the beginning of scheduled operations.

(3) State-inspected establishments shall be provided inspection service, without charge, up to 8 consecutive hours per shift during the basic workweek subject to the provisions of OAR 603-029-0225:

(a) Provided, that any additional shifts meet requirements as determined by the Director or their designee.

(b) The basic workweek shall consist of 5 consecutive 8-hour days within the administrative workweek Monday through Sunday, except that, when possible, the Department shall schedule the basic workweek so as to consist of 5 consecutive 8-hour days Monday through Friday.

(c) The 8-hour day excludes the lunch period but shall include activities deemed necessary by the Department to fully carry out an inspection program, including the time for inspection program personnel to put on required gear and to walk to a work station; to prepare the work station; to return from a work station and remove required gear; to sharpen knives, if necessary; and to conduct duties scheduled by the Department, including administrative duties. The Department may depart from the basic workweek in those cases where maintaining such a schedule would seriously handicap the Department in carrying out its function. These provisions are applicable to all state-inspected establishments except in certain cases as provided in OAR 603-029-1115.

(4)(a) Each state-inspected establishment shall submit a work schedule to the supervisor for approval. In consideration of whether the approval of an establishment work schedule shall be given, the supervisor shall take into account the efficient and effective use of inspection personnel. The work schedule must specify daily clock hours of operation and lunch periods for all departments of the establishment requiring inspection.

(b) Establishments shall maintain consistent work schedules. Any request by an establishment for a change in its work schedule involving an addition or elimination of shifts shall be submitted to the supervisor at least 2 weeks in advance of the proposed change. Frequent requests for change shall not be approved: Provided, however, minor deviations from a daily operating schedule may be approved by the inspector, if such request is received on the day preceding the day of change.

(c) Request for inspection service outside an approved work schedule shall be made as early in the day as possible for overtime work to be performed within that same workday; or made prior to the end of the day's operation when such a request will result in overtime service at the start of the following day: Provided, That an inspector may be recalled to his assignment after completion of his daily tour of duty under the provisions of OAR 603-029-0225.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0300
Ante-Mortem Inspection

Examination of animals before slaughtering; diseased animals slaughtered separately and carcasses examined for the purpose of preventing the use in commerce of meat and meat products which are adulterated, the Director shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat animals before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment, in which they are to be slaughtered and the meat and meat products thereof are to be used in commerce; and all meat animals found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other meat animals, and when so slaughtered the carcasses of said meat animals shall be subject to a careful examination and inspection, all as provided by the rules prescribed by the Director.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0305
Ante-Mortem Inspection on Premises of State-Inspected Establishments

(1) All meat animals offered for slaughter in a state-inspected establishment shall be examined and inspected on the day of and before slaughter unless, because of unusual circumstances, prior arrangements acceptable to the Department have been made in specific cases by a supervisor for such examination and inspection to be made on a different day before slaughter.

(2) Such ante-mortem inspection shall be made on the premises of the establishment at which the meat animals are offered for slaughter before the meat animals shall be allowed to enter into any part of the establishment where they are to be slaughtered or dressed or in which edible products are handled. When the holding pens of a state-inspected establishment are located in a public stockyard and are reserved for the exclusive use of the establishment, such pens shall be regarded as part of the premises of that establishment and the operator of the establishment shall be responsible for compliance with all requirements of the rules in this division with respect to such pens.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0310
Meat Animals Suspected of Being Diseased or Affected with Certain Conditions; Identifying Suspects; Disposition on Post-Mortem Inspection or Otherwise

(1) Any meat animals which, on ante-mortem inspection, do not clearly show, but are suspected of being affected with any disease or condition that, under OAR 603-029-0500 to 603-029-0574, may cause condemnation of the carcass on post-mortem inspection, and any meat animals which show, on ante-mortem inspection, any disease or condition that, under OAR 603-029-0500 to 603-029-0574 would cause condemnation of only part of the carcass on post-mortem inspection, shall be so handled as to retain its identity as a suspect until it is given final post-mortem inspection, when the carcass shall be marked and disposed of as provided in OAR 603-029-0400 to 603-029-0574, or until it is disposed of as otherwise provided in this rule.

(2) All seriously crippled meat animals and non-ambulatory disabled meat animals shall be identified as Oregon Suspects and disposed of as provided in OAR 603-029-0500 unless they are required to be classed as condemned under OAR 603-029-0315. Non-ambulatory disabled meat animals are meat animals that cannot rise from a recumbent position or that cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column, or metabolic conditions.

(3) Meat animals which have reacted to a test for leptospirosis, or anaplasmosis, but which show no symptoms of the disease, shall be identified as Oregon Suspects and disposed of as provided in OAR 603-029-0516.

(4) Meat animals which are known to have reacted to the tuberculin test shall be identified as Oregon Suspects and disposed of as provided in OAR 603-029-0502, except that meat animals bearing an official “Oregon Reactor” tag shall not be tagged as Oregon Suspects.

(5) Any cattle found on ante-mortem inspection to be affected with epithelioma of the eye or of the orbital region to a lesser extent than as described in OAR 603-029-0330 shall be identified as an Oregon Suspect and disposed of as provided in OAR 603-029-0520.

(6) Cattle found on ante-mortem inspection to be affected with anasarca to a lesser extent than as described in OAR 603-029-0340 shall be identified as Oregon Suspects and disposed of as provided in OAR 603-029-0512 or section (7) of this rule.

(7) Any meat animals suspected of being affected with anasarca may be set apart and held for treatment under Department or other responsible official supervision approved by the State Veterinarian. If at the expiration of the treatment period the meat animal upon examination is found to be free from disease, it may be released for any purpose. Otherwise, it shall be identified as Oregon Suspect and disposed of as provided in OAR 603-029-0512 or condemned and disposed of as provided in OAR 603-029-0340, whichever is appropriate.

(8) All hogs suspected on ante-mortem inspection of being affected with swine erysipelas shall be identified as Oregon Suspects and disposed of as provided in OAR 603-029-0507 or section (9) of this rule.

(9) A hog suspected of being affected with swine erysipelas may be set apart and held for treatment under Department or other responsible official supervision approved by the State Veterinarian. If at the expiration of the treatment period the meat animal upon examination is found to be free from disease, it may be released for any purpose. Otherwise, it shall be identified as Oregon Suspect and disposed of as provided in OAR 603-029-0507, or condemned and disposed of as provided in OAR 603-029-0365, whichever is appropriate.

(10) Any meat animal which is affected with vesicular exanthema or vesicular stomatitis, but which has recovered to the extent that the lesions are in process of healing, the temperature is within normal range, and the meat animal shows a return to normal appetite and activity, shall be identified as Oregon Suspect and disposed of as provided in OAR 603-029-0560, except that if desired, such meat animal may be set apart and held under supervision of a Department employee or other official designated by the State Veterinarian for treatment. If the meat animal is set aside for treatment, the Oregon Suspect identification device will be removed by a Department employee, following such treatment, if the meat animal is found to be free from any such disease. Such meat animal found to be free from any such disease may be released for slaughter or for purposes other than slaughter, provided that in the latter instance, the operator of the state-inspected establishment or the owner of the meat animal shall first obtain permission from the State Veterinarian.

(11) Meat animals which are offered for ante-mortem inspection under this division, and which are regarded by the inspector as immature, shall be identified as Oregon Suspects and, if slaughtered, the disposition of their carcasses shall be determined by the post-mortem findings in connection with the ante-mortem conditions. If not slaughtered as suspects, such meat animals shall be held under supervision of a Department employee or other official designated by the State Veterinarian, and after sufficient development may be released for slaughter or may be released for any other purpose, provided they have not been exposed to any infectious or contagious disease. If such exposure occurs, permission should be obtained from the State Veterinarian prior to release of such livestock.

(12) Meat animals previously condemned for listeriosis, if released for slaughter under OAR 603-029-0365(2) shall be identified as Oregon Suspect in accordance with OAR 603-029-0365(3).

(13) Each meat animal required by OAR 603-029-0300 to 603-029-0395 to be treated as an Oregon Suspect shall be identified as such by or under the supervision of a Department employee with an official device in accordance with OAR 603-029-0390. No such device shall be removed except by a Department employee.

(14) Each meat animal identified as an Oregon Suspect on ante-mortem inspection shall be set apart and shall be slaughtered separately from other meat animals at that establishment unless disposed of as otherwise provided in this part.

(15) Each meat animal identified as an Oregon Suspect on ante-mortem inspection, when presented for slaughter, shall be accompanied with a form developed by the Department on which the inspector at the establishment shall record the Oregon Suspect identification number and any other identifying tag numbers present and a brief description of the meat animal and of the disease or condition for which the meat animal was classed as a suspect, including its temperature when the temperature of such meat animal might have a bearing on the disposition of the carcass on post-mortem inspection.

(16) When any meat animal identified as an Oregon Suspect is released for any purpose or reason, as provided in OAR 603-029-0300 to 603-029-0395, the official identification device shall be removed only by a Department employee, who shall report that action to a supervisor. When a suspect is to be released under the provisions of OAR 603-029-0300 to 603-029-0395 for a purpose other than slaughter, the operator of the state-inspected establishment or the owner of the meat animal shall first obtain permission for the removal of such meat animal from the State Veterinarian.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065 & ORS 619.026
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0315
Dead, Dying, Disabled, or Diseased and Similar Meat Animals

(1) Meat animals found to be dead or in a dying condition on the premises of a state-inspected establishment shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

(2) Meat animals plainly showing on ante-mortem inspection any disease or condition that, under OAR 603-029-0500 to 603-029-0574, would cause condemnation of their carcasses on post-mortem inspection shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

(3) Any swine having a temperature of 106 °F. or higher and any cattle, sheep, or goats having a temperature of 105 °F. or higher shall be identified as Oregon Condemned. In case of doubt as to the cause of the high temperature, or when for other reasons a Department employee deems such action warranted, any such meat animal may be held for a reasonable time under the supervision of a Department employee for further observation and taking of temperature before final disposition of such meat animal is determined. Any meat animal so held shall be reinspected on the day it is slaughtered. If, upon such reinspection, or when not held for further observation and taking of temperature, then on the original inspection, the meat animal has a temperature of 106 °F. or higher in the case of swine, or 105 °F. or higher in the case of cattle, sheep, or goats, it shall be condemned and disposed of in accordance with OAR 603-029-0365.

(4) Any meat animal found in a comatose or semicomatose condition or affected with any condition not otherwise covered in OAR 603-029-0300 to 603-029-0395, which would preclude release of the meat animal for slaughter for human food, shall be identified “Oregon Condemned” and disposed of in accordance with OAR 603-029-0365, except that such meat animal may be set apart and held for further observation or treatment under supervision of a Department employee or other official designated by the State Veterinarian and for final disposition in accordance with OAR 603-029-0300 to 603-029-0395.

(5) Establishment personnel must notify Department inspection personnel when cattle become non-ambulatory disabled after passing ante-mortem inspection. Non-ambulatory disabled cattle that are offered for slaughter must be condemned and promptly disposed of in accordance with OAR 603-029-0365.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 603.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0320
Meat Animals Showing Symptoms of Certain Metabolic, Toxic, Nervous, or Circulatory Disturbances, Nutritional Imbalances, or Infectious or Parasitic Diseases

All meat animals showing, on ante-mortem inspection, symptoms of anaplasmosis, ketosis, leptospirosis, listeriosis, parturient paresis, pseudorabies, rabies, scrapie, tetanus, grass tetany, transport tetany, strangles, purpura hemorrhagica, azoturia, infectious equine encephalomyelitis, toxic encephalomyelitis (forage poisoning), dourine, acute influenza, generalized osteoporosis, glanders (farcy), acute inflammatory lameness or extensive fistula shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0325
Swine; Disposal Because of Hog Cholera

(1) All swine found by an inspector to be affected with hog cholera shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365. Immediate notification shall be given by the inspector to the State Veterinarian.

(2) All swine, even though not themselves identified as Oregon Suspects, which are of lots in which one or more meat animals have been condemned or identified as Oregon Suspect for hog cholera, shall, as far as possible, be slaughtered separately and apart from all other livestock passed on ante-mortem inspection.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0330
Epithelioma of the Eye

Any meat animal found on ante-mortem inspection to be affected with epithelioma of the eye and the orbital region in which the eye has been destroyed or obscured by neoplastic tissue and which shows extensive infection, suppuration, and necrosis, usually accompanied with foul odor, or any meat animal affected with epithelioma of the eye or of the orbital region which, regardless of extent, is accompanied with cachexia shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0335
Meat Animals Affected with Anthrax; Cleaning and Disinfection of Infected Meat Animal Pens and Driveways

(1) Any meat animal found on ante-mortem inspection to be affected with anthrax shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

(2) No other meat animals of a lot in which anthrax is found on ante-mortem inspection shall be slaughtered and presented for post-mortem inspection until it has been determined by a careful ante-mortem inspection that no anthrax-infected animal remains in the lot.

(3) Apparently healthy meat animals (other than hogs) from a lot in which anthrax is detected, and any apparently healthy meat animals which have been treated with anthrax biologicals which do not contain living anthrax organisms, may be slaughtered and presented for post-mortem inspection if they have been held not less than 21 days following the last treatment or the last death of any meat animal in the lot. Alternatively, if desired, all apparently healthy meat animals of the lot may be segregated and held for treatment by a State licensed veterinarian under supervision of the State Veterinarian. No anthrax vaccine (live organisms) shall be used on the premises of a state-inspected establishment.

(4) Meat animals which have been injected with anthrax vaccines (live organisms) within 6 weeks, and those bearing evidence of reaction to such treatment, such as inflammation, tumefaction, or edema at the site of the injection, shall be condemned on ante-mortem inspection, or such meat animals may be held under supervision of the State Veterinarian until the expiration of the 6-week period and the disappearance of any evidence of reaction to the treatment.

(5) When meat animals are found on ante-mortem inspection to be affected with anthrax, all exposed meat animal pens and driveways of the state-inspected establishment shall be cleaned and disinfected by promptly and thoroughly removing and burning all straw, litter, and manure. This shall be followed immediately by a thorough disinfection of the exposed premises by soaking the ground, fences, gates, and all exposed material with a 5 percent solution of sodium hydroxide or commercial lye prepared as outlined in OAR 603-029-0440(5)(a), or other disinfectant that may be approved in specific cases by the Department specifically for this purpose.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0340
Cattle Affected with Anasarca and Generalized Edema

All cattle found on ante-mortem inspection to be affected with anasarca in advanced stages and characterized by an extensive and generalized edema shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 603.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0345
Swine Erysipelas

All hogs plainly showing on ante-mortem inspection that they are affected with acute swine erysipelas shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0350
Onset of Parturition

Any meat animal showing signs of the onset of parturition shall be withheld from slaughter until after parturition and passage of the placenta. Slaughter or other disposition may then be permitted if the meat animal is otherwise acceptable.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0355
Vaccine Meat Animals

Vaccine meat animals with unhealed lesions of vaccinia, accompanied with fever, which have not been exposed to any other infectious or contagious disease, are not required to be slaughtered and may be released for removal from the premises.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0360
Emergency Slaughter; Inspection Prior to

In all cases of emergency slaughter, except as provided in OAR 603-029-0550, the meat animals shall be inspected immediately before slaughter, whether theretofore inspected or not. When the necessity for emergency slaughter exists, the establishment shall notify a supervisor so that such inspection may be made.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0365
Disposition of Condemned Meat Animals

(1) Except as otherwise provided in this part, meat animals identified as Oregon Condemned shall be killed by the state-inspected establishment, if not already dead. Such meat animals shall not be taken into the state-inspected establishment to be slaughtered or dressed; nor shall they be conveyed into any part of the establishment used for edible products; but they shall be disposed of in the manner provided for condemned carcasses OAR 603-029-0800 to 603-029-0850. The official Oregon Condemned tag shall not be removed from, but shall remain on the carcass until it is disposed of as prescribed in OAR 603-029-0800 to 603-029-0850, at which time such tag may be removed by a Department employee only. The number of such tag shall be reported to the supervisor by the inspector who affixed it, and also by the inspector who supervised the disposition of the carcass.

(2) Any meat animal condemned on account of ketosis, swine erysipelas, vesicular diseases, grass tetany, transport tetany, parturient paresis, anasarca, anaplasmosis, leptospirosis, listeriosis, or inflammatory condition including pneumonia, enteritis, and peritonitis may be set apart and held for treatment under supervision of a Department employee or official designated by the State Veterinarian. The Oregon Condemned identification tag will be removed by a Department employee following treatment under such supervision if the meat animal is found to be free from any such disease.

(3) Meat animals previously affected with listeriosis, including those released for slaughter after treatment under section (2) of this rule, shall be identified as Oregon Suspect.

(4) When a meat animal under the provisions of this rule is to be released for a purpose other than slaughter, the operator of the state-inspected establishment or the owner of the meat animal shall first obtain permission for the movement of such meat animal from the State Veterinarian.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0370
Brucellosis-reactor Goats

Goats which have reacted to a test for brucellosis shall not be slaughtered in a state-inspected establishment.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0375
Vesicular Diseases

(1) Immediate notification shall be given by the inspector to the State Veterinarian when any meat animal is found to be affected with a vesicular disease.

(2) No meat animal under quarantine by State or Federal animal sanitary officials on account of a vesicular disease will be given ante-mortem inspection. If no quarantine is invoked, or if quarantine is invoked and later removed, upon ante-mortem inspection, any meat animal found to be affected with vesicular exanthema or vesicular stomatitis in the acute stages, as evidenced by acute and active lesions or an elevated temperature, shall be identified as Oregon Condemned and disposed of in accordance with OAR 603-029-0365.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0380
Meat Animals Suspected of Having Biological Residues

(1) Except as provided by section (5) of this rule, meat animals suspected of having been treated with or exposed to any substance that may impart a biological residue which would make the edible tissues unfit for human food or otherwise adulterated shall be handled in compliance with the provisions of this section. They shall be identified at state-inspected establishments as “Oregon Condemned.” These meat animals may be held under the custody of a Department employee, or other official designated by the State Veterinarian, until metabolic processes have reduced the residue sufficiently to make the tissues fit for human food and otherwise not adulterated. When the required time has elapsed, the meat animals, if returned for slaughter, must be re-examined on ante-mortem inspection. To aid in determining the amount of residue present in the tissues, officials of the Department may permit the slaughter of any such meat animals for the purpose of collecting tissues for analysis for the residue. Such analysis may include the use of in-plant screening procedures designed to detect the presence of antimicrobial residues in any species of meat animal.

(2) All carcasses and edible organs and other parts thereof, in which are found any biological residues which render such articles adulterated, shall be marked as “Oregon Condemned” and disposed of in accordance with OAR 603-029-0800 or OAR 603-029-0810.

(3) Calves shall not be presented for ante-mortem inspection in a state-inspected establishment except under the provisions of this section.

(a) Definitions. For purposes of this section, the following definitions shall apply:

(A) Calf. A calf up to 3 weeks of age or up to 150 pounds.

(B) Certified calf. A calf that the producer and all other subsequent custodians of the calf certify in writing has not been treated with any animal drug while in his or her custody or has been treated with one or more drugs in accordance with FDA approved label directions while in his or her custody and has been withheld from slaughter for the period(s) of time specified by those label directions.

(C) Healthy calf. A calf that an inspector determines shows no visual signs of disease or treatment of disease at ante-mortem inspection.

(D) Producer. The owner of the calf at the time of its birth.

(E) Sick calf. A calf that an inspector on ante-mortem inspection determines has either signs of treatment or signs of disease.

(b) General requirements.

(A) The identity of the producer of each calf presented for ante-mortem inspection shall be made available by the state-inspected establishment to the inspection prior to the animal being presented for ante-mortem inspection.

(B) The inspector shall segregate the calves presented for ante-mortem inspection at the establishment and identify each calf as one of the following: (A) Certified, (A) noncertified, or (C) previous residue condemnation.

(c) Certified group.

(A) For a calf to be considered certified, the producer and all other subsequent custodians of the calf must certify in writing that while the calf was in his or her custody, the calf was not treated with animal drugs or was treated with one or more drugs in accordance with FDA approved label directions and was withheld from slaughter for the period(s) of time specified by those label directions. All prior certifications must be presented with the animal at the time of slaughter. The certifications shall contain a list of the calves with accompanying identification numbers, as required by section (3)(c)(B)) of this rule, followed by the following language: [Statement 603-029-0380(3)(c)(A)]

(B) Each calf must be identified by use of backtag, eartag, or other type of secure identification which displays a number which shall be recorded on all written certifications.

(C) The inspector shall have segregated for examination by the State Veterinarian or their designee any certified calf which he or she determines to show any sign of disease or which is not identified individually. Such animal will be tagged as “Oregon Suspect” and its carcass will be retained on post-mortem inspection and handled in accordance with OAR 603-029-0492 (3) and (4).

(D) The inspector shall handle the remaining carcasses of healthy meat animals in accordance with OAR 603-029-0492 (3) and (4).

(d) Noncertified group. On ante-mortem inspection, the inspector shall have segregated for examination by the State Veterinarian or their designee any calf which he or she determines to show any sign of disease. Such animal will be tagged as “Oregon Suspect” and its carcass will be retained on post-mortem inspection and handled in accordance with OAR 603-029-0492 (3). The inspector shall handle the remaining carcasses of healthy meat animals in accordance with OAR 603-029-0492 (3).

(e) Calves from producers with previous residue condemnation. On ante-mortem inspection, the inspector shall have segregated for examination by the State Veterinarian or their designee any calf which he or she determines to show any sign of disease. Such animal will be tagged as “Oregon Suspect” and its carcass will be retained on post-mortem inspection and handled in accordance with OAR 603-029-0492 (5). The inspector shall handle the remaining carcasses of healthy meat animals in accordance with OAR 603-029-0492 (5).

(4) The name of each and all person(s) who sold or consigned each swine to the establishment shall be made available by the establishment to any Department employee upon that employee's request and presentation of his or her official credentials. Swine identification must be maintained throughout post-mortem inspection, in accordance with OAR 603-029-0496(1).

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0385
Meat Animals Used for Research

(1) No meat animals used in any research investigation involving an experimental biological product, drug, or chemical shall be eligible for slaughter at a state-inspected establishment unless:

(a) The operator of such establishment, the sponsor of the investigation, or the investigator has submitted to the Veterinary Services unit of the Animal and Plant Health Inspection Service of the Department of Agriculture or to the Environmental Protection Agency or to the Food and Drug Administration of the Department of Health, Education, and Welfare, data or a summary evaluation of the data which demonstrates to the satisfaction of one of those agencies that the use of such biological product, drug, or chemical will not result in the products of such livestock being adulterated;

(b) A supervisor has approved the slaughter in writing prior to the time of slaughter;

(c) In the case of an animal administered any unlicensed, experimental veterinary biologic product regulated under the Virus-Serum Toxin Act (21 U.S.C. 151 et seq.), the product was prepared and distributed in compliance with Part 103 of the regulations issued under said Act, and used in accordance with the labeling approved under said regulations;

(d) In the case of an animal administered any investigational drug regulated under the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 301 et seq.), the drug was prepared and distributed in compliance with the applicable provisions of part 135 of the regulations issued under said Act (21 CFR part 135), and used in accordance with the labeling approved under said regulations;

(e) In the case of an animal subjected to any experimental economic poison under section 2(a) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 135 et seq.), the product was prepared and distributed in accordance with § 362.17 of the regulations issued under said Act (7 CFR 362.17), and used in accordance with the labeling approved under said regulations.

(f) In the case of an animal administered or subjected to any substance that is a food additive or pesticide chemical under the Federal Food, Drug, and Cosmetic Act, supra, there has been compliance with all tolerance limitations established by said Act and the regulations promulgated thereunder (21 CFR 1.1 et seq.), and all other restrictions and requirements imposed by said Act and said regulations will be complied with at the time of slaughter.

(2) A supervisor may deny or withdraw the approval for slaughter of any livestock subject to the provision of this rule when he deems it necessary to assure that all products prepared at the state-inspected establishment are free from adulteration.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0390
Official Marks and Devices for Purposes of Ante-Mortem Inspection

(1) All meat animals required by OAR 603-029-0300 to 603-029-0395 to be identified as Oregon Suspects shall be tagged with a serially numbered metal ear tag bearing the term “Oregon Suspect,” except as provided in OAR 603-029-0310(4) and except that cattle affected with epithelioma of the eye, antinomycosis, or actinobacillosis to such an extent that the lesions would be readily detected on post-mortem inspection, need not be individually tagged on ante-mortem inspection with the Oregon Suspect tag, provided that such cattle are segregated and otherwise handled as Oregon Suspects.

(2) In addition, identification of Oregon Suspect swine must include the use of tattoos specified by the inspector to maintain the identity of the swine through the dehairing equipment when such equipment is used.

(3) All meat animals required by OAR 603-029-0300 to 603-029-0395 to be identified as Oregon Condemned shall be tagged with a serially numbered metal ear tag bearing the term “Oregon Condemned.”

(4) The devices described in sections (1), (2), and (3) of this rule shall be the official devices for identification of livestock required to be identified as Oregon Suspect or Oregon Condemned as provided in OAR 603-029-0300 to 603-029-0395.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0401
Extent and Time of Post-Mortem Inspection; Post-Mortem Inspection Staffing Standards

(1) A careful post-mortem examination and inspection shall be made of the carcasses and parts thereof of all livestock slaughtered at state-inspected establishments. Such inspection and examination shall be made at the time of slaughter unless, because of unusual circumstances, prior arrangements acceptable to the Director have been made in specific cases by the supervisor for making such inspection and examination at a later time.

(2)(a) The staffing standards on the basis of the number of carcasses to be inspected per hour are outlined in the following tables. Standards for multiple inspector lines are based on inspectors rotating through the different types of inspection stations during each shift to equalize the workload. The inspector in charge shall have the authority to require the state-inspected establishment to reduce slaughter line speeds where, in his judgment, the inspection procedure cannot be adequately performed at the current line speed because of particular deficiencies in carcass preparation and presentation by the plant at the higher speed, or because the health condition of the particular animals indicates a need for more extensive inspection.

(b) Cattle inspection. For all cattle staffing standards, an ‘‘a’’ in the ‘‘Number of Inspectors by Stations’’ column means that one inspector performs the entire inspection procedure and a ‘‘b’’ means that one inspector performs the head and lower carcass inspection and a second inspector performs the viscera and upper carcass inspection.

(A) Inspection Using the Viscera Truck. [Table 603-029-0401(2)(b)(A)]

(i) Rules for determining adjusted maximum slaughter rates for single-inspector kills considering walking distance according to the table in this subdivision: Determine the distances the inspector actually walks between the points shown in columns 2 through 14 of the following table. For each column, determine the deduction figure opposite the appropriate number of feet in column 1. Compute the total of the deduction figures for columns 2 through 14. The adjusted maximum rate is the maximum rate in section (2)(b)(A) of this rule minus total of the deduction figures. If the resultant number is not a whole number, it must be rounded off to the next lowest whole number.

(ii) Rules for determining adjusted maximum slaughter rates for two-inspector kills considering walking distance according to the table in this subdivision: Determine the distances the inspectors actually walk between the points shown in columns 2 through 9 of the following table. Column 9 is used only if the condemned brands and tags the viscera inspector uses are kept at a location other than at the wash- basin-sterilizer. For each column, determine the deduction figure opposite the appropriate number of feet in column 1. Compute the total of the deduction figures for columns 2 through 9. Divide this total by 2. The adjusted maximum rate is the maximum rate in section (2)(b)(A) of this rule minus the number calculated above. If the resultant number is not a whole number, it must be rounded off to the next lowest whole number. [Table 603-029-0401(2)(b)(A)(i)] and [Table 603-029-0401(2)(b)(A)(ii)]

(B) Inspection Using Viscera Table, Tongue-In Presentation of Heads. [Table 603-029-0401(2)(b)(A)(iii)]

(C) Inspection Using Viscera Table, Tongue-Out Presentation of Heads. [Table 603-029-0401(2)(b)(A)(iv)]

(D) Swine inspection. Traditional inspection shall be used for all swine slaughtered under state inspection. The following inspection staffing standards are applicable to swine slaughter configurations. The inspection standards for all slaughter lines are based upon the observation rather than palpation, at the viscera inspection station, of the spleen, liver, heart, lungs, and mediastinal lymph nodes. In addition, for one- and two-inspector lines under traditional inspection, the standards are based upon the distance walked (in feet) by the inspector between work stations; and for three or more inspector slaughter lines, upon the use of a mirror, as described in OAR 603-029-0205(13)(f), at the carcass inspection station. Although not required in a one- or two-inspector slaughter configuration, except in certain cases as determined by the inspection service, if a mirror is used, it must comply with the requirements of OAR 603-029-0205(13)(f). [Table 603-029-0401(c)]

NOTE: In multiple-inspector plants, the inspectors must rotate between all inspection positions during each shift to equalize the workload.

[Table 603-029-0401(d)]

NOTE: In multiple-inspector plants, the inspectors must rotate between all inspection positions during each shift to equalize the workload.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0405
Identification of Carcass with Certain Severed Parts Thereof and with Animal from Which Derived

(1) The head, tail, tongue, thymus gland, and all viscera of each slaughtered meat animal, and all blood and other parts of such meat animal to be used in the preparation of meat products or medical products, shall be handled in such a manner as to identify them with the rest of the carcass and as being derived from the particular meat animal involved, until the post-mortem examination of the carcass and parts thereof has been completed. Such handling shall include the retention of ear tags, backtags, implants, and other identifying devices affixed to the meat animal, in such a way to relate them to the carcass until the post-mortem examination has been completed.

(2) The official State-Federal Department backtag on any carcass shall:

(a)(A) Be removed from the hide of the meat animal by a state-inspected establishment employee and placed in a clear plastic bag. The bag containing the tag shall be affixed to the corresponding carcass.

(B) The bag containing the tag shall be removed from the carcass by a state-inspected establishment employee and presented with the viscera to the inspector at the point where such inspector conducts the viscera inspection.

(b)(A) Brucellosis and tuberculosis ear tags, herd identification ear tags, sales tags, ear bangles, and similar identification devices shall be removed from the meat animal's hide or ear by a state-inspected establishment employee and shall be placed in a clear plastic bag and affixed to the corresponding carcass.

(B) The bag containing the tag shall be removed from the carcass by a state-inspected establishment employee and presented with the viscera to the inspector at the point where such inspector conducts the viscera inspection.

(c) In cases where both types of devices described in sections (2)(a) and (b) of this rule are present on the same meat animal, both types may be placed in the same plastic bag or in two separate bags.

(d) The supervisor may allow the use of any alternate method proposed by the operator of a state-inspected establishment for handling the type of devices described in section (2)(b) of this rule if such alternate method would provide a ready means of identifying a specific carcass with the corresponding devices by an inspector during the post-mortem inspection.

(e) Disposition and use of identifying devices.

(A) The official State-Federal Department backtags will be collected by an inspector and used to obtain traceback information necessary for proper disposition of the meat animal or carcass and otherwise handled according to instructions issued to the inspectors.

(B) The devices described in section (2)(b) of this rule shall be collected by the inspector when required to obtain traceback information necessary for proper disposition of the meat animal or carcass and for controlling the slaughter of reactor meat animals. Devices not collected for these purposes shall be discarded after the post-mortem examination is complete.

(f) Plastic bags used by the establishment for collecting identifying devices will be furnished by the Department.

Statutory/Other Authority: ORS 603.085, ORS 617.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0410
Carcasses and Parts in Certain Instances to be Retained

Each carcass, including all detached organs and other parts, in which any lesion or other condition is found that might render the meat or any part unfit for food purposes, or otherwise adulterated, and which for that reason would require a subsequent inspection, shall be retained by the Department employee at the time of inspection. The identity of every such retained carcass, detached organ, or other part shall be maintained until the final inspection has been completed. Retained carcasses shall not be washed or trimmed unless authorized by the Department employee.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0415
Identification of Carcasses and Parts; Tagging

Such devices and methods as may be approved by the Director may be used for the temporary identification of retained carcasses, organs, and other parts. In all cases, the identification shall be further established by affixing “Oregon Retained” tags as soon as practicable and before final inspection. These tags shall not be removed except by a Department employee.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0420
Condemned Carcasses and Parts to be so Marked; Tanking; Separation

Each carcass or part which is found on final inspection to be unsound, unhealthful, unwholesome, or otherwise adulterated shall be conspicuously marked, on the surface tissues thereof, by a Department employee at the time of inspection, as “Oregon Inspected and Condemned.” Condemned detached organs and other parts of such character that they cannot be so marked shall be placed immediately in trucks or receptacles which shall be kept plainly marked “Oregon Condemned,” in letters not less than 2 inches high. All condemned carcasses and parts shall remain in the custody of a Department employee and shall be disposed of as required in the regulations in OAR 603-029-0800 to 603-029-0850 at or before the close of the day on which they are condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0425
Carcasses and Parts Passed for Cooking; Marking

Carcasses and parts passed for cooking shall be marked conspicuously on the surface tissues thereof by a Department employee at the time of inspection, “Oregon Passed for Cooking.” All such carcasses and parts shall be cooked in accordance with OAR 603-029-0880 to 603-029-0890, and until so cooked shall remain in the custody of a Department employee.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0430
Removal of Spermatic Cords, Pizzles and Preputial Diverticuli

Spermatic cords and pizzles shall be removed from all carcasses. Preputial diverticuli shall be removed from hog carcasses.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0435
Passing and Marking of Carcasses and Parts

Carcasses and parts found to be sound, healthful, wholesome, and otherwise not adulterated shall be passed and marked as provided in OAR 603-029-0900 to 603-029-0970. In all cases where carcasses showing localized lesions are passed for food or for cooking and “Oregon Retained” tags are attached to the carcasses, the affected tissues shall be removed and condemned before the tags are removed. “Oregon Retained” tags shall be removed only by a Department employee.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0440
Anthrax; Carcasses not to be Eviscerated; Disposition of Affected Carcasses; Hides, Hoofs, Horns, Hair, Viscera and Contents, and Fat; Handling of Blood And Scalding Vat Water; General Cleanup and Disinfection

(1) Carcasses found before evisceration to be affected with anthrax shall not be eviscerated but shall be retained, condemned, and immediately tanked or otherwise disposed of as provided OAR 603-029-0800 to 603-029-0850.

(2) All carcasses and all parts, including hides, hoofs, horns, hair, viscera and contents, blood, and fat of any meat animal found to be affected with anthrax shall be condemned and immediately disposed of as provided in OAR 603-029-0800 to 603-029-0850, except that the blood may be handled through the usual blood cooking and drying equipment.

(3) Any part of any carcass that is contaminated with anthrax-infected material through contact with soiled instruments or otherwise shall be immediately condemned and disposed of as provided in OAR 603-029-0800 to 603-029-0850.

(4) The scalding vat water through which hog carcasses affected with anthrax have passed shall be immediately drained into the sewer and all parts of the scalding vat shall be cleaned and disinfected as provided in section (5) of this rule.

(5)(a) That portion of the slaughtering department, including the bleeding area, scalding vat, gambrelling bench, floors, walls, posts, platforms, saws, cleavers, knives, and hooks, as well as employees' boots and aprons, contaminated through contact with anthrax-infected material, shall, except as provided in subsection (5)(b) of this rule be cleaned immediately and disinfected with one of the following disinfectants or other disinfectant[1] approved specifically for this purpose by the Department:

(A) A 5 percent solution of sodium hydroxide or commercial lye containing at least 94 percent of sodium hydroxide. The solution shall be freshly prepared immediately before use by dissolving 2 1/2 pounds of sodium hydroxide or lye in 5 1/2 gallons of hot water and shall be applied as near scalding hot as possible to be most effective. (Owing to the extremely caustic nature of sodium hydroxide solution, precautionary measures such as the wearing of rubber gloves and boots to protect the hands and feet, and goggles to protect the eyes, should be taken by those engaged in the disinfection process. It is also advisable to have an acid solution, such as vinegar, in readiness in case any of the sodium hydroxide solution should come in contact with any part of the body.)

(B) A solution of sodium hypochlorite containing approximately one-half of 1 percent (5,000 parts per million) of available chlorine. The solution shall be freshly prepared.

(C) When a disinfectant solution has been applied to equipment which will afterwards contact meat or meat product, the equipment shall be rinsed with clean water before such contact.

(b) In case anthrax infection is found in the hog slaughtering department, an immediate preliminary disinfection shall be made from the head-dropper's station to the point where the disease is detected and the affected carcasses shall be cut down from the rail and removed from the room. Upon completion of the slaughtering of the lot of hogs of which the anthrax-infected animals were a part, slaughtering operations shall cease, and a thorough cleanup and disinfection shall be made, as provided in section (5)(a) of this rule. If the slaughter of the lot has not been completed by the close of the day on which anthrax was detected, the cleanup and disinfection shall not be deferred beyond the close of that day.

(c) The first and indispensable precautionary step for persons who have handled anthrax material is thorough cleansing of the hands and arms with liquid soap and running hot water. It is important that this step be taken immediately after exposure, before vegetative anthrax organisms have had time to form spores. In the cleansing, a brush or other appropriate appliance shall be used to insure the removal of all contaminating material from under and about the fingernails. This process of cleansing is most effective when performed in repeated cycles of lathering and rinsing rather than in spending the same amount of time in scrubbing with a single lathering. After the hands have been cleansed thoroughly and rinsed free of soap, they may, if desired, be immersed for about 1 minute in a 1:1,000 solution of bichloride of mercury, followed by thorough rinsing in clean running water. Supplies of bichloride of mercury for the purpose must be held in the custody of the veterinary medical officer. (As a precautionary measure, all persons exposed to anthrax infection should report promptly any suspicious condition (sore or carbuncle) or symptom to a physician, in order that anti-anthrax serum or other treatment may be administered as indicated.)

A list of disinfectants approved for this purpose is available upon request to the Scientific Services, Meat and Poultry Inspection, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0445
Carcasses with Skin or Hide on; Cleaning Before Evisceration; Removal of Larvae of Hypodermae, External Parasites and Other Pathological Skin Conditions

When a carcass is to be dressed with the skin or hide left on, the skin or hide shall be thoroughly washed and cleaned before any incision is made for the purpose of removing any part thereof or evisceration, except that where calves are slaughtered by the kosher method, the heads shall be removed from the carcasses, before washing of the carcasses. The skin shall be removed at the time of post-mortem inspection from any calf carcass infested with the larvae of the “oxwarble” fly (Hypoderma lineata and Hypoderma bovis), or external parasites, or affected with other pathological skin conditions.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0450
Sternum to be Split; Abdominal and Thoracic Viscera to be Removed

The sternum of each carcass shall be split and the abdominal and thoracic viscera shall be removed at the time of slaughter in order to allow proper inspection.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0455
Inflating Carcasses or Parts Thereof; Transferring Caul or Other Fat

(1) State-inspected establishments that slaughter meat animals and prepare meat animal carcasses and parts may inflate carcasses or parts of carcasses with air if they develop, implement, and maintain controls to ensure that the air inflation procedure does not cause insanitary conditions or adulterate product. State-inspected establishments shall incorporate these controls into their HACCP plans or Sanitation SOPs or other prerequisite programs.

(2)(a) Transferring the caul or other fat from a fat to a lean carcass is prohibited.

(b) Injecting compressed air into the skulls of cattle in conjunction with a captive bolt stunner to hold the animal still for dressing operations is prohibited.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0460
Handling of Bruised Parts

When only a portion of a carcass is to be condemned on account of slight bruises, either the bruised portion shall be removed immediately and disposed of in accordance with OAR 603-029-0800 to 603-029-0850, or the carcass shall be promptly placed in a retaining room and kept until chilled and the bruised portion shall then be removed and disposed of as provided in OAR 603-029-0800 to 603-029-0850.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0465
Disposition of Thyroid Glands and Laryngeal Muscle Tissue

(1) Meat animal thyroid glands and laryngeal muscle tissue shall not be used for human food.

(2) Meat animal thyroid glands and laryngeal muscle tissue may be distributed to pharmaceutical manufacturers for pharmaceutical use in accordance with OAR 603-029-0840 or OAR 603-029-1470(3), if they are labeled in accordance with OAR 603-029-0960(6). Otherwise, they shall be disposed of at the official establishment in accordance with OAR 603-029-0800 or OAR 603-029-0810.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0470
Disposition of Lungs

(1) Meat animal lungs shall not be saved for use as human food.

(2) Lungs found to be affected with disease or pathology and lungs found to be adulterated with chemical or biological residue shall be condemned and identified as “Oregon Inspected and Condemned.” Condemned lungs may not be saved for pet food or other nonhuman food purposes. They shall be maintained under inspectional control and disposed of in accordance with OAR 603-029-0800 or OAR 603-029-0810.

(3) Lungs not condemned under section (b) of this rule may be used in the preparation of pet food or for other nonhuman food purposes at the state-inspected establishment, provided they are handled in the manner prescribed in OAR 603-029-1135, or they may be distributed from the state-inspected establishment in commerce, or otherwise, in accordance with the conditions prescribed in OAR 603-029-1425 for nonhuman food purposes or they may be so distributed to pharmaceutical manufacturers for pharmaceutical use in accordance with OAR 603-029-0840 and OAR 603-029-1470(2), if they are labeled as “Inedible [SPECIES] Lungs - for Pharmaceutical Use Only.” Otherwise, they shall be disposed of at the state-inspected establishment, in accordance with OAR 603-029-0800 or OAR 603-029-0810.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0475
Inspection of Mammary Glands

(1) Lactating mammary glands and diseased mammary glands of cattle, sheep, swine, and goats shall be removed without opening the milk ducts or sinuses. If pus or other objectionable material is permitted to come in contact with the carcass, the parts of the carcass thus contaminated shall be removed and condemned.

(2) Nonlactating cow udders may be saved for food purposes provided suitable facilities for handling and inspecting them are provided. Examination of udders by palpation shall be done by a Department employee. When necessary, in the judgment of the Department employee for adequate inspection, the official establishment employees shall incise udders in sections no greater than 2 inches in thickness. All udders showing disease lesions shall be condemned by a Department employee. Each udder shall be properly identified with its respective carcass and kept separate and apart from other udders until its disposal has been accomplished in accordance with the provisions of OAR 603-029-0500 to 603-029-0574.

(3) Lactating mammary glands of cattle, sheep, swine, and goats shall not be saved for edible purposes.

(4) The udders from cows officially designated as “Brucellosis reactors” or as “Mastitis elimination cows” shall be condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0480
Contamination of Carcasses, Organs, or Other Parts

(1) Carcasses, organs, and other parts shall be handled in a sanitary manner to prevent contamination with fecal material, urine, bile, hair, dirt, or foreign matter; however, if contamination occurs, it shall be promptly removed in a manner satisfactory to the inspector.

(2) Brains, cheek meat, and head trimmings from animals stunned by lead, sponge iron, or frangible bullets shall not be saved for use as human food but shall be handled as described in OAR 603-029-0800 or OAR 603-029-0810.

(3) State-inspected swine slaughter establishments must develop, implement, and maintain written procedures to prevent contamination of carcasses and parts by enteric pathogens, and visible fecal material, ingesta, and milk contamination throughout the entire slaughter and dressing operation. State-inspected establishments must incorporate these procedures into their HACCP plans, or sanitation SOPs, or other prerequisite programs. These procedures must include sampling and analysis for microbial organisms in accordance with the sampling location and frequency requirements in sections (3)(a) and (b) of this rule to monitor their ability to maintain process control.

(a) Sampling locations. State-inspected swine slaughter establishments, except for very low-volume establishments, must collect and analyze carcass samples for microbial organisms at the pre-evisceration and post-chill points in the process. State-inspected establishments that slaughter more than one type of meat animal must test the type of meat animal slaughtered in the greatest number. State-inspected establishments that bone their products before chilling (i.e., hot-boned products) must collect and analyze samples at the pre-evisceration point in the process and after the final wash instead of at post-chill. Very low-volume establishments must collect and analyze samples for microbial organisms at the post-chill point in the process. All state-inspected swine establishments must sponge or excise tissue from the ham, belly, and jowl areas. Very low-volume establishments annually slaughter no more than 20,000 swine, or a combination of swine and other meat animals not exceeding 6,000 cattle and 20,000 total of all livestock.

(b) Sampling frequency. State-inspected establishments, except for very low-volume establishments as defined in section (3)(a) of this rule, must collect and analyze samples at a frequency proportional to the establishment's volume of production at the following rates:

(A) State-inspected establishments, except for very low-volume establishments as defined in section (3)(a) of this rule, must collect and analyze samples at a frequency of once per 1,000 carcasses, but a minimum of once during each week of operation.

(B) Very low-volume establishments as defined in section (3)(a) of this rule must collect and analyze samples at least once during each week of operation starting June 1 of every year. If, after consecutively collecting 13 weekly samples, very low-volume establishments can demonstrate that they are effectively maintaining process control, they may modify their sampling plans.

(C) State-inspected establishments must maintain accurate records of all test results and retain these records as provided in section (4) of this rule.

(4) State-inspected swine slaughter establishments must maintain daily records sufficient to document the implementation and monitoring of the procedures required under this rule. Records required by this rule may be maintained on computers if the establishment implements appropriate controls to ensure the integrity of the electronic data. Records required by this rule must be maintained for at least one year and must be accessible to the Department.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0485
Inspection of Kidneys

An employee of the state-inspected establishment shall open the kidney capsule and expose the kidneys of all livestock at the time of slaughter for the purpose of examination by a Department employee.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0490
Saving of Blood from Meat Animals as an Edible Product

Blood may be saved for edible purposes at state-inspected establishments provided it is derived from meat animals, the carcasses of which are inspected and passed, and the blood is collected, defibrinated, and handled in a manner so as not to render it adulterated under Oregon law and rules issued pursuant thereto. The defibrination of blood intended for human food purposes shall not be done with the hands. Anticoagulants may be used in accordance with regulations in Division 29.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0492
Carcasses Suspected of Containing Sulfa and Antibiotic Residues; Sampling Frequency; Disposition of Affected Carcasses and Parts

(1) Calf carcasses from meat animals suspected of containing biological residues under OAR 603-029-0380(4) shall, on post-mortem inspection, be handled in accordance with the provisions of this rule.

(2) For purposes of this rule, the following definitions shall apply:

(a) Calf. A calf up to 3 weeks of age or up to 150 pounds.

(b) Certified calf. A calf that the producer and all other subsequent custodians of the calf certify in writing has not been treated with any animal drug while in his or her custody or has been treated with one or more drugs in accordance with FDA approved label directions while in his or her custody and has been withheld from slaughter for the period(s) of time specified by those label directions.

(c) Healthy carcass. A carcass that an inspector determines shows no lesions of disease or signs of disease treatment at post-mortem inspection

(d) Producer. The owner of the calf at the time of its birth.

(e) Sick calf carcass. A calf carcass that an inspector on post-mortem inspection determines has either signs of disease treatment or lesions of disease or was from an animal identified as sick on ante-mortem.

(f) Sign of treatment. Sign of treatment of a disease is indicated by leakage around jugular veins, subcutaneous, intramuscular or intraperitoneal injection lesions, or discoloration from particles or oral treatment in any part of the digestive tract.

(g) Veterinary medical officer. An inspector of the Department that has obtained a Doctor of Veterinary Medicine degree which is recognized by the Department.

(3) Selection of carcasses for testing. The inspector shall perform a swab bioassay test[1] on:

(a) Any carcass from a calf tagged as “Oregon Suspect” at the time of ante-mortem inspection, except that calves whose carcasses are condemned for pathology shall not be tested for drug residues.

(b) Any carcass which he/she finds has either lesions of disease which is not condemned because of these lesions or a sign of treatment of disease at the time of post-mortem inspection,

(c) Any carcass of a calf from a producer whose calf or calves have previously been condemned for residues as prescribed in section (5) of this rule, and

(d) Carcasses from healthy-appearing certified and noncertified calves, as determined by the veterinary medical officer during ante-mortem inspection, will be selected for testing as set forth below: [Table 603-029-0492(3)(d)]

(4) Testing of carcasses:

(a) The inspector shall test all carcasses as prescribed in section (3) of this rule.

(b) Upon initiation of this program at a state-inspected establishment, the inspector shall begin the testing rate for carcasses from healthy-appearing certified and noncertified calves at Level D as prescribed in section (3)(d) of this rule. The inspector shall increase the testing rate to the next higher level the following business day when three carcasses in 100 or less consecutively tested show a positive test result for a drug residue. The inspector shall decrease it to the next lower level when no more than two calves show a positive test result for a drug residue in either 500 calves consecutively tested or all calves tested over a 60 working day period.

(c) Test results shall be determined by the veterinary medical officer.

(d) The state-inspected establishment may designate one or more of its employees to aid the inspector in performing the swab bioassay test under the supervision of the veterinary medical officer who shall interpret the results, maintain animal identification with the test unit, and ensure integrity of the testing program.

(e) All carcasses and parts thereof from calves selected for testing shall be retained until all test results are complete.

(f) The veterinary medical officer shall condemn all carcasses and parts thereof for which there are positive test results and release for human consumption all carcasses and parts thereof for which there are negative test results.

(g) If there is a positive test result, subsequent calves from the producer of the calf shall be tested in accordance with section (5) of this rule. These test results will not be included in computations to determine a state-inspected establishment's compliance record.

(h) The veterinary medical officer may reduce inspection line rates when, in his/her judgment, the prescribed testing cannot be adequately performed within the time available because the state-inspected establishment's compliance history dictates a need for extensive testing.

(5) Calves from producers with a previous residue condemnation. The inspector shall perform a swab bioassay test on all carcasses of all calves in the group. The veterinary medical officer shall determine the test results and shall condemn any carcass and parts thereof for which there is a positive test result and pass for human consumption any such carcass and parts thereof for which there is a negative test result. All subsequent calves from the same producer which has previously sold or delivered to state-inspected establishments any carcass that was condemned because of drug residues must be tested according to this section until five consecutive animals test completely free of animal drug residues.

(6) If the owner or operator of an official establishment disagrees with the veterinary medical officer's disposition of carcasses and parts thereof, the owner or operator may appeal as provided in OAR 603-029-1505.

The procedures for performing the swab bioassay test are set forth in one of two self-instructional guides: “Performing the CAST” or “Fast Antimicrobial Screen Test.” These guides are available for review in the office of the FSIS Docket Clerk, Room 4352 South, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0494
Specified Risk Materials from Cattle and Their Handling and Disposition

(1) The following materials from cattle are specified risk materials, except when they are from cattle from a country that can demonstrate that its bovine spongiform encephalopathy (BSE) risk status can reasonably be expected to provide the same level of protection from human exposure to the BSE agent as prohibiting specified risk materials for use as human food does in the United States:

(a) The brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column (excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum), and dorsal root ganglia from cattle 30 months of age and older and

(b) The distal ileum of the small intestine and the tonsils from all cattle.

(2) Specified risk materials are inedible and prohibited for use as human food.

(3) Specified risk materials must be removed from the carcasses of cattle, segregated from edible materials, and disposed of in accordance with OAR 603-029-0800 or OAR 603-029-0810. The spinal cord from cattle 30 months of age and older must be removed from the carcass at the state-inspected establishment where the animal was slaughtered.

(4) Requirements for use of the small intestine for human food.

(a) The small intestine from all cattle may be used for human food if:

(A) It is derived from cattle that were inspected and passed in a state-inspected establishment, an official establishment in the United States, or in a certified foreign establishment in a country eligible to export meat and meat products to the United States under 9 CFR 327.2(b) and it is otherwise eligible for importation under 9 CFR 327.1(b), and

(B) The distal ileum is removed by a procedure that removes at least 80 inches of the uncoiled and trimmed small intestine as measured from the ceco-colic junction and progressing proximally towards the jejunum or by a procedure that the establishment demonstrates is effective in ensuring complete removal of the distal ileum.

(C) If the conditions in sections (4)(a)(A) or (B) of this rule are not met, the entire small intestine must be removed from the carcass, segregated from edible materials, and disposed of in accordance with OAR 603-029-0800 or OAR 603-029-0810.

(b) The requirements in section (4)(a) of this rule does not apply to materials from cattle from countries that can demonstrate that their BSE risk status can reasonably be expected to provide the same level of protection from human exposure to the BSE agent as prohibiting specified risk materials for use as human food does in the United States.

(5) Procedures for the removal, segregation, and disposition of specified risk materials.

(a) State-inspected establishments that slaughter cattle and state-inspected establishments that process the carcasses or parts of cattle must develop, implement, and maintain written procedures for the removal, segregation, and disposition of specified risk materials. These procedures must address potential contamination of edible materials with specified risk materials before, during, and after entry into the establishment. Establishments must incorporate their procedures for the removal, segregation, and disposition of specified risk materials into their HACCP plans or Sanitation SOPs or other prerequisite programs.

(b) State-inspected establishments that slaughter cattle and state-inspected establishments that process the carcasses or parts of cattle must take appropriate corrective action when either the state-inspected establishment or the Department determines that the state-inspected establishment's procedures for the removal, segregation, and disposition of specified risk materials, or the implementation or maintenance of these procedures, have failed to ensure that specified risk materials are adequately and effectively removed from the carcasses of cattle, segregated from edible materials, and disposed of in accordance with section (3) of this rule.

(c) State-inspected establishments that slaughter cattle and state-inspected establishments that process the carcasses or parts of cattle must routinely evaluate the effectiveness of their procedures for the removal, segregation, and disposition of specified risk materials in preventing the use of these materials for human food and must revise the procedures as necessary whenever any changes occur that could affect the removal, segregation, and disposition of specified risk materials.

(d) Recordkeeping requirements.

(A) State-inspected establishments that slaughter cattle and state-inspected establishments that process the carcasses or parts of cattle must maintain daily records sufficient to document the implementation and monitoring of the procedures for the removal, segregation, and disposition of the materials listed in section (1) of this rule, and any corrective actions taken.

(B) Records required by this rule may be maintained on computers provided that the state-inspected establishment implements appropriate controls to ensure the integrity of the electronic data.

(C) Records required by this rule must be retained for at least one year and must be accessible to the Department. All such records must be maintained at the state-inspected establishment for 48 hours following completion, after which they may be maintained off-site provided such records can be made available to the Department within 24 hours of request.

(6) Sanitation of equipment used to cut through specified risk materials.

(a) If a state-inspected establishment that slaughters cattle, or that processes the carcasses or parts from cattle, does not segregate the carcasses and parts from cattle 30 months of age and older from the carcasses and parts from cattle younger than 30 months during processing operations it must:

(A) Use dedicated equipment to cut through specified risk materials; or

(B) Clean and sanitize equipment used to cut through specified risk materials before the equipment is used on carcasses or parts from cattle younger than 30 months of age.

(b) If a state-inspected establishment that slaughters cattle, or that process the carcasses or parts from cattle, segregates the carcasses and parts of cattle 30 months of age and older from cattle younger than 30 months of age during processing operations, and processes the carcasses or parts from the cattle younger than 30 months first, it may use routine operational sanitation procedures on equipment used to cut through specified risk materials.

(7) State-inspected slaughter establishments may ship beef carcasses or parts that contain vertebral columns from cattle 30 months of age and older to another state- or federally-inspected establishment for further processing if the state-inspected establishment shipping these materials:

(a) Maintains control of the carcasses or parts while they are in transit or ensures that the carcasses or parts move under Department or FSIS control;

(b) Ensures that the carcasses or parts are accompanied by documentation that clearly states that the carcasses or parts contain vertebral columns from cattle that were 30 months of age and older at the time of slaughter;

(c) Maintains records that identify the state-inspected establishment that received the carcasses or parts;

(d) Maintains records that verify that the state-inspected establishment that received the carcasses or parts removed the portions of the vertebral column designated as specified risk materials in section (1)(a) of this rule and disposed of them in accordance with OAR 603-029-0800 or OAR 603-029-0810.

(8) The materials listed in section (1)(a) of this rule will be deemed to be from cattle 30 months of age and older unless the state-inspected establishment can demonstrate through documentation that the materials are from an animal that was younger than 30 months of age at the time of slaughter.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0496
Identification of Carcasses and Parts of Swine

(1) The identification of the carcasses and parts of swine identified in accordance with 9 CFR 71 shall be made available to the inspector upon the inspector's request throughout post-mortem inspection.

(2) If the state-inspected establishment fails to provide required swine identification, the inspector shall order the retention of swine carcasses at the state-inspection establishment until the completion of tests to confirm that the carcasses are not adulterated.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0498
Contamination with Microorganisms; Process Control Verification Criteria and Testing; Pathogen Reduction Standards

(1) Criteria for verifying process control; E. coli testing.

(a) Each state-inspected establishment that slaughters meat animals must test for Escherichia coli Biotype 1 (E.coli). State-inspected establishments that slaughter more than one type of meat animal shall test the type of meat animal slaughtered in the greatest number. The state-inspected establishment shall:

(A) Collect samples in accordance with the sampling techniques, methodology, and frequency requirements in section (1)(b) of this rule;

(B) Obtain analytic results in accordance with section (1)(c) of this rule; and

(C) Maintain records of such analytic results in accordance with section (1)(d) of this rule.

(b) Sampling requirements.

(A) Written procedures. Each state-inspected establishment shall prepare written specimen collection procedures which shall identify employees designated to collect samples, and shall address location(s) of sampling, how sampling randomness is achieved, and handling of the sample to ensure sample integrity. The written procedure shall be made available to the Department upon request.

(B) Sample collection. The state-inspected establishment must collect samples from all chilled meat animal carcasses, except those boned before chilling (hot-boned), which must be sampled after the final wash. Samples must be collected in the following manner;

(i) For cattle, state-inspected establishments must sponge or excise tissue from the flank, brisket and rump, except for hide-on calves, in which case state-inspected establishments must take samples by sponging from inside the flank, inside the brisket, and inside the rump.

(ii) For sheep or goat carcasses, state-inspected establishments must sponge from the flank, brisket and rump, except for hide-on carcasses, in which case state-inspected establishments must take samples by sponging from inside the flank, inside the brisket, and inside the rump.

(C) Sampling frequency. State-inspected slaughter establishments, except very low volume establishments as defined in section (1)(b)(E) of this rule, must take samples at a frequency proportional to the volume of production at the following rates: Cattle, sheep, and goats: 1 test per 300 carcasses, but, a minimum of one sample during each week of operation.

(D) Sampling frequency alternatives. A state-inspected establishment operating under a validated HACCP plan in accordance with OAR 603-029-2205(2 may substitute an alternative frequency for the frequency of sampling required under section (1)(b)(C) of this rule if,

(i) The alternative is an integral part of the state-inspected establishment's verification procedures for its HACCP plan and,

(ii) The Department does not determine, and notify the state-inspected establishment in writing, that the alternative frequency is inadequate to verify the effectiveness of the establishment's processing controls.

(E) Sampling in very low volume establishments.

(i) Very low volume establishments annually slaughter no more than 6,000 cattle, 6,000 sheep, 6,000 goats, or a combination of meat animals not exceeding 6,000 cattle and 20,000 total of all meat animals. Very low volume establishments that collect samples by sponging shall collect at least one sample per week, starting the first full week of operation after June 1 of each year, and continue sampling at a minimum of once each week the state-inspected establishment operates until June 1 of the following year or until 13 samples have been collected, whichever comes first. Very low volume establishments collecting samples by excising tissue from carcasses shall collect one sample per week, starting the first full week of operation after June 1 of each year, and continue sampling at a minimum of once each week the establishment operates until one series of 13 tests meets the criteria set forth in paragraph (1)(e)(A) of this rule.

(ii) Upon the state-inspected establishment's meeting requirements of subparagraph (1)(b)(E)(i) of this rule, weekly sampling and testing is optional, unless changes are made in state-inspected establishment facilities, equipment, personnel, or procedures that may affect the adequacy of existing process control measures, as determined by the state-inspected establishment or the Department. Department determinations that changes have been made requiring resumption of weekly testing shall be provided to the state-inspected establishment in writing.

(c) Analysis of samples. Laboratories may use any quantitative method for analysis of E. coli that is approved as an AOAC Official Method of the AOAC International (formerly the Association of Official Analytical Chemists) or approved and published by a scientific body and based on the results of a collaborative trial conducted in accordance with an internationally recognized protocol on collaborative trials and compared against the three tube Most Probable Number (MPN) method and agreeing with the 95 percent upper and lower confidence limit of the appropriate MPN index.

(d) Recording of test results. The state-inspected establishment shall maintain accurate records of all test results, in terms of CFU/cm 2 of surface area sponged or excised. Results shall be recorded onto a process control chart or table showing at least the most recent 13 test results, by type of meat animal slaughtered. Records shall be retained at the state-inspected establishment for a period of 12 months and shall be made available to the Department upon request.

(e) Criteria for evaluation of test results.

(A) A state-inspected establishment excising samples from carcasses is operating within the criteria when the most recent E. coli test result does not exceed the upper limit (M), and the number of samples, if any, testing positive at levels above (m) is three or fewer out of the most recent 13 samples (n) taken, as follows: [Table 603-029-0498(1)(A)]

(B) State-inspected establishments sponging carcasses shall evaluate E. coli test results using statistical process control techniques.

(f) Failure to meet criteria. Test results that do not meet the criteria described in subsection (1)(e) of this rule are an indication that the state-inspected establishment may not be maintaining process controls sufficient to prevent fecal contamination. The Department shall take further action as appropriate to ensure that all applicable provisions of the law are being met.

(g) Failure to test and record. Inspection shall be suspended in accordance with rules of practice that will be adopted for such proceedings upon a finding by the Department that one or more provisions of subsections (1) (a) to (d) of this rule have not been complied with and written notice of same has been provided to the state-inspected establishment.

(2) Pathogen reduction performance standard; Salmonella -

(a) Raw meat product performance standards for Salmonella. A state-inspected establishment's raw meat products, when sampled and tested by the Department for Salmonella, as set forth in this rule, may not test positive for Salmonella at a rate exceeding the applicable pathogen reduction performance standard, as provided in Table 1 to this section: [Table 603-029-0498(2)(a)

(b) Enforcement. The Department will sample and test raw meat products in an individual state-inspected establishment on an unannounced basis to determine prevalence of Salmonella in such products to determine compliance with the standard. The frequency and timing of such testing will be based on the state-inspected establishment's previous test results and other information concerning the state-inspected establishment's performance. In a state-inspected establishment producing more than one class of product subject to the pathogen reduction standard, the Department may sample any or all such classes of products. [3][1]

(c) Noncompliance and establishment response. When the Department determines that a state-inspected establishment has not met the performance standard:

(A) The state-inspected establishment shall take immediate action to meet the standard.

(B) If the state-inspected establishment fails to meet the standard on the next series of compliance tests for that product, the state-inspected establishment shall reassess its HACCP plan for that product and take appropriate corrective actions.

(C) Failure by the state-inspected establishment to act in accordance with paragraph (2)(c)(B) of this rule, or failure to meet the standard on the third consecutive series of Department-conducted tests for that product, constitutes failure to maintain sanitary conditions and failure to maintain an adequate HACCP plan, in accordance with OAR 603-029-2200 to 603-029-2235, for that product, and will cause the Department to suspend inspection services. Such suspension will remain in effect until the state-inspected establishment submits to the Director or his/her designee satisfactory written assurances detailing the action taken to correct the HACCP system and, as appropriate, other measures taken by the state-inspected establishment to reduce the prevalence of pathogens.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0500
Disposal of Diseased or Otherwise Adulterated Carcasses and Parts; General

(1) The carcasses or parts of carcasses of all meat animals slaughtered at a state-inspected establishment and found at the time of slaughter or at any subsequent inspection to be affected with any of the diseases or conditions named in this rule shall be disposed of according to the rule pertaining to the disease or condition: Provided, That no product shall be passed for human food under any such rule unless it is found to be otherwise not adulterated. Products passed for cooking or refrigeration under this rule must be so handled at the state-inspected establishment where they are initially prepared unless they are moved to another establishment for such handling or in the case of products passed for refrigeration are moved for such refrigeration to a freezing facility approved by the Department in specific cases: Provided, That when so moved the products are shipped in containers sealed as provided in OAR 603-029-1420. Owning to the fact that it is impracticable to formulate rules covering every case and to designate at just what stage a disease process or a condition results in adulteration of a product, the decision as to the disposal of all carcasses, organs, or other parts not specifically covered in this part shall be left to the State Veterinarian. The veterinary medical officer shall exercise his judgment regarding the disposition of all carcasses or parts of carcasses under this part in a manner which will insure that only wholesome, unadulterated product is passed for human food.

(2) In cases of doubt as to a condition, a disease, or the cause of a condition, or to confirm a diagnosis, representative specimens of the affected tissues, properly prepared and packaged, shall be sent for examination to the National Veterinary Services Laboratories or other pathology laboratory approved in advance by the Department.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 593.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0502
Tuberculosis

The following principles shall apply to the disposition of carcasses of meat animals based on the difference in the pathogenesis of tuberculosis in swine, cattle, sheep, and goats.

(1) Carcasses condemned. The entire carcass of swine, cattle, sheep, and goats shall be condemned if any of the following conditions occur:

(a) When the lesions of tuberculosis are generalized (tuberculosis is considered to be generalized when the lesions are distributed in a manner made possible only by entry of the bacilli into the systemic circulation);

(b) When on ante mortem inspection the meat animal is observed to have a fever found to be associated with an active tuberculosis lesion on post mortem inspection;

(c) When there is an associated cachexia;

(d) When a tuberculosis lesion is found in any muscle or intermuscular tissue, or bone, or joint, or abdominal organ (excluding the gastrointestinal tract) or in any lymph node as a result of draining a muscle, bone, joint, or abdominal organ (excluding the gastrointestinal tract);

(e) When the lesions are extensive in tissues of either the thoracic or the abdominal cavity;

(f) When the lesions are multiple, acute, and actively progressive; or

(g) When the character or extent of the lesions otherwise is not indicative of a localized condition.

(2) Organs or other parts condemned. An organ or other part of a swine, cattle, sheep, or goat carcass affected by localized tuberculosis shall be condemned when it contains lesions of tuberculosis or when the corresponding lymph node contains lesions of tuberculosis.

(3) Carcasses of cattle passed without restriction for human food. Carcasses of cattle may be passed without restriction for human food only when the carcass of a meat animal not identified as a reactor to a tuberculin test administered by the State Veterinarian or their designee is found free of tuberculosis lesions during postmortem inspection.

(4) Portions of carcasses and carcasses of cattle passed for cooking.

(a) When a cattle carcass reveals a tuberculosis lesion or lesions not so severe or so numerous as the lesions described in section (1) of this rule, the unaffected portion of the carcass may be passed for cooking in accordance with OAR 603-029-0880 to 603-029-0890; if the character and extent of the lesions indicate a localized condition, and if the lesions are calcified or encapsulated, and provided the affected organ or other part is condemned.

(b) When the carcass of a cattle identified as a reactor to a tuberculin test administered by the State Veterinarian or their designee is found free of lesions of tuberculosis, the carcass may be passed for cooking in accordance with OAR 603-029-0880 to 603-029-0890.

(5) Portions of carcasses and carcasses of swine passed without restriction for human food. Swine carcasses found free of tuberculosis lesions during post mortem inspection may be passed for human food without restriction. When tuberculosis lesions in any swine carcass are localized and confined to one primary seat of infection, such as the cervical lymph nodes, the mesenteric lymph nodes, or the mediastinal lymph nodes, the unaffected portion of the carcass may be passed for human food without restriction after the affected organ or other part is condemned.

(6) Portions of carcasses of swine passed for cooking. When the carcass of any swine reveals lesions more severe or more numerous than those described in section (5) of this rule, but not so severe or so numerous as the lesions described in section (1) of this rule, the unaffected portions of such carcass may be passed for cooking in accordance with OAR 603-029-0880 to 603-029-0890; if the character and extent of the lesions indicate a localized condition, and if the lesions are calcified or encapsulated, and provided the affected organ or other part is condemned.

(7) Carcasses of sheep and goats passed without restriction for human food. Carcasses of sheep and goats may be passed without restriction for human food only if found free of tuberculosis lesions during post-mortem inspection.

(8) Portions of carcasses of sheep and goats passed for cooking. If a carcass of any sheep or goat reveals a tuberculosis lesion or lesions that are not so severe or so numerous as the lesions described in section (1) of this rule, the unaffected portion of the carcass may be passed for cooking in accordance with OAR 603-029-0880 to 603-029-0890; if the character and extent of the lesions indicate a localized condition, and if the lesions are calcified or encapsulated, and provided the affected organ or other part is condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0504
Hog Cholera

(1) The carcasses of all hogs affected with hog cholera shall be condemned.

(2) Inconclusive but suspicious symptoms of hog cholera observed during the ante-mortem inspection of an Oregon suspect shall be duly considered in connection with post-mortem findings and when the carcass of such a suspect shows lesions in the kidneys and the lymph nodes which resemble lesions of hog cholera, they shall be regarded as those of hog cholera and the carcass shall be condemned.

(3) When lesions resembling those of hog cholera occur in kidneys and lymph nodes of carcasses of hogs which appeared normal on ante-mortem inspection, further inspection of such carcasses shall be made for corroborative lesions. If on such further inspection, characteristic lesions of hog cholera are found in some organ or tissue in addition to those in the kidneys or in the lymph nodes or in both, then all lesions shall be regarded as those of hog cholera and the carcass shall be condemned. Immediate notification shall be given by the inspector to the State Veterinarian.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0507
Swine Erysipelas

Carcasses affected with swine erysipelas which is acute or generalized, or which show systemic change, shall be condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0508
Diamond-Skin Disease

Carcasses of hogs affected with diamond-skin disease when localized and not associated with systemic change may be passed for human food after removal and condemnation of the affected parts, provided such carcasses are otherwise healthy.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0510
Arthritis

(1) Carcasses affected with arthritis which is localized and not associated with systemic change may be passed for human food after removal and condemnation of all affected parts. Affected joints with corresponding lymph nodes shall be removed and condemned. In order to avoid contamination of the meat which is passed, a joint capsule shall not be opened until after the affected joint is removed.

(2) Carcasses affected with arthritis shall be condemned when there is evidence of systemic involvement.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0512
Cattle Carcasses Affected with Anasarca or Generalized Edema

(1) Carcasses of cattle found on post-mortem inspection to be affected with anasarca in advanced stages and characterized by an extensive or well-marked generalized edema shall be condemned.

(2) Carcasses of cattle, including their detached organs and other parts, found on post-mortem inspection to be affected with anasarca to a lesser extent than as described in section (1) of this rule may be passed for human food after removal and condemnation of the affected tissues, provided the lesion is localized.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0514
Actinomycosis and Actinobacillosis

(1) The definition of generalization as outlined for tuberculosis in OAR 603-029-0502(1) shall apply for actinomycosis and actinobacillosis, and carcasses of meat animals with generalized lesions of either such disease shall be condemned.

(2) Carcasses of meat animals in a well-nourished condition showing uncomplicated localized lesions of actinomycosis or actinobacillosis may be passed for human food after the infected organs or other infected parts have been removed and condemned, except as provided in sections (3) and (4) of this rule.

(3) Heads affected with actinomycosis or actinobacillosis, including the tongue, shall be condemned, except that when the disease of the jaw is slight, strictly localized, and without suppuration, fistulous tracts, or lymph node involvement, the tongue, if free from disease, may be passed, or, when the disease is slight and confined to the lymph nodes, the head including the tongue, may be passed for human food after the affected nodes have been removed and condemned.

(4) When the disease is slight and confined to the tongue, with or without involvement of the corresponding lymph nodes, the head may be passed for human food after removal and condemnation of the tongue and corresponding lymph nodes.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0516
Anaplasmosis, Anthrax, Babesiosis, Bacillary Hemoglobinuria (Cattle), Blackleg, Bluetongue, Hemorrhagic Septicemia, Icterohematuria (Sheep), Infectious Bovine Rhinotracheitis, Leptospirosis, Malignant Epizootic Catarrh, Strangles, Purpura Hemorrhagica, Azoturia, Infectious Equine Encephalomyelitis, Toxic Encephalomyelitis, Infectious Anemia, Dourine, Acute Influenza, Generalized Osteoporosis, Glanders, Acute Inflammatory Lameness, Extensive Fistula, Unhealed Vaccine Lesions

(1) Carcasses of meat animals affected with or showing lesions of any of the following named diseases or conditions shall be condemned:

(a) Anthrax.

(b) Blackleg.

(c) Unhealed vaccine lesions (vaccinia).

(d) Strangles.

(e) Purpura hemorrhagica.

(f) Azoturia.

(g) Infectious equine encephalomyelitis.

(h) Toxic encephalomyelitis (forage poisoning).

(i) Infectious anemia (swamp fever).

(j) Dourine.

(k) Acute influenza.

(l) Generalized osteoporosis.

(m) Glanders (farcy).

(n) Acute inflammatory lameness.

(o) Extensive fistula.

(2) Carcasses of meat animals affected with or showing lesions of any of the following named diseases or conditions shall be condemned, except when recovery has occurred to the extent that only localized lesions persist, in which case the carcass may be passed for human food after removal and condemnation of the affected organs or other parts:

(a) Anaplasmosis.

(b) Bacillary hemoglobinuria in cattle.

(c) Babesiosis (piroplasmosis).

(d) Bluetongue.

(e) Hemorrhagic septicemia.

(f) Icterohematuria in sheep.

(g) Infectious bovine rhinotracheitis.

(h) Leptospirosis.

(i) Malignant epizootic catarrh.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0518
Neoplasms

(1) An individual organ or other part of a carcass affected with a neoplasm shall be condemned. If there is evidence of metastasis or that the general condition of the meat animal has been adversely affected by the size, position, or nature of the neoplasm, the entire carcass shall be condemned.

(2) Carcasses affected with malignant lymphoma shall be condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0520
Epithelioma of the Eye

(1) Carcasses of meat animals affected with epithelioma of the eye, or the orbital region shall be condemned in their entirety if one of the following three conditions exists:

(a) The affection has involved the osseous structures of the head with extensive infection, suppuration, and necrosis;

(b) There is metastasis from the eye, or the orbital region, to any lymph node including the parotid lymph node, internal organs, muscles, skeleton, or other structures, regardless of the extent of the primary tumor; or

(c) The affection, regardless of extent, is associated with cachexia or evidence of absorption or secondary changes.

(2) Carcasses of meat animals affected with epithelioma of the eye, or the orbital region, to a lesser extent than as described in section (1) of this rule may be passed for human food after removal and condemnation of the head, including the tongue, provided the carcass is otherwise normal.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0522
Pigmentary Conditions; Melanosis, Xanthosis, Ochronosis, etc

(1) Except as provided in OAR 603-029-0534, carcasses of livestock showing generalized pigmentary deposits shall be condemned.

(2) The affected parts of carcasses showing localized pigmentary deposits of such character as to be unwholesome or otherwise adulterated shall be removed and condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0524
Abrasions, Bruises, Abscesses, Pus, etc.

All slight, well-limited abrasions on the tongue and inner surface of the lips and mouth, when without lymph node involvement, shall be carefully excised, leaving only sound, normal tissue, which may be passed for human food. Any organ or other part of a carcass which is badly bruised or which is affected by an abscess, or a suppurating sore shall be condemned; and when the lesions are of such character or extent as to affect the whole carcass, the whole carcass shall be condemned. Portions of carcasses which are contaminated by pus or other diseased material shall be condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0526
Brucellosis

Carcasses affected with localized lesions of brucellosis may be passed for human food after the affected parts are removed and condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0528
Carcasses so Infected that Consumption of the Meat may Cause Food Poisoning

(1) All carcasses of meat animals so infected that consumption of the products thereof may give rise to food poisoning shall be condemned. This includes all carcasses showing signs of:

(a) Acute inflammation of the lungs, pleura, pericardium, peritoneum, or meninges.

(b) Septicemia or pyemia, whether puerperal, traumatic, or without any evident cause.

(c) Gangrenous or severe hemorrhagic enteritis or gastritis.

(d) Acute diffuse metritis or mammitis.

(e) Phlebitis of the umbilical veins.

(f) Septic or purulent traumatic pericarditis.

(g) Any acute inflammation, abscess, or suppurating sore, if associated with acute nephritis, fatty and degenerated liver, swollen soft spleen, marked pulmonary hyperemia, general swelling of lymph nodes, diffuse redness of the skin, cachexia, icteric discoloration of the carcass or similar condition, either singly or in combination.

(h) Salmonellosis.

(2) Implements contaminated by contact with carcasses affected with any of the disease conditions mentioned in this rule shall be thoroughly cleaned and sanitized. The equipment used in the dressing of such carcasses, such as viscera trucks or inspection tables, shall be sanitized with hot water having a minimum temperature of 180 °F. Carcasses or parts of carcasses contaminated by contact with such diseased carcasses shall be condemned unless all contaminated tissues are removed within 2 hours.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0530
Necrobacillosis, Pyemia, and Septicemia

From the standpoint of meat inspection, necrobacillosis may be regarded as a local infection at the beginning, and carcasses in which the lesions are localized may be passed for human food if in a good state of nutrition, after those portions affected with necrotic lesions are removed and condemned. However, when emaciation, cloudy swelling of the parenchymatous tissue of organs or enlargement of the lymph nodes is associated with the infection, it is evident that the disease has progressed beyond the condition of localization to a state of toxemia, and the entire carcass shall therefore be condemned as both unwholesome and noxious. Pyemia or septicemia may intervene as a complication of the local necrosis, and when present the carcass shall be condemned in accordance with OAR 603-029-0528.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0532
Caseous Lymphadenitis

(1) A thin carcass showing well-marked lesions in the viscera and the skeletal lymph nodes, or a thin carcass showing extensive lesions in any part shall be condemned.

(2) A thin carcass showing well-marked lesions in the viscera with only slight lesions elsewhere or showing well-marked lesions in the skeletal lymph nodes with only slight lesions elsewhere may be passed for cooking.

(3) A thin carcass showing only slight lesions in the skeletal lymph nodes and in the viscera may be passed for human food without restriction.

(4) A well-nourished carcass showing well-marked lesions in the viscera and with only slight lesions elsewhere or showing well-marked lesions confined to the skeletal lymph nodes with only slight lesions elsewhere may be passed for human food without restriction.

(5) A well-nourished carcass showing well-marked lesions in the viscera and the skeletal lymph nodes may be passed for cooking; but where the lesions in a well-nourished carcass are both numerous and extensive, it shall be condemned.

(6) All affected organs and nodes of carcasses passed for human food without restriction or passed for cooking shall be removed and condemned.

(7) As used in this rule, the term “thin” does not apply to a carcass which is anemic or emaciated; and the term “lesions” refers to lesions of caseous lymphadenitis.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0534
Icterus

Carcasses showing any degree of icterus shall be condemned. Yellow fat conditions caused by nutritional factors or characteristic of certain breeds of meat animals and yellow fat sometimes seen in sheep shall not be confused with icterus. Such carcasses should be passed for human food, if otherwise normal.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0536
Sexual Odor of Swine

(1) Carcasses of swine which give off a pronounced sexual odor shall be condemned.

(2) The meat of swine carcasses which give off a sexual odor less than pronounced may be passed for use in comminuted cooked meat food product or for rendering. Otherwise, it shall be condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0538
Mange or Scab

Carcasses of meat animals affected with mange or scab in advanced stages, showing cachexia or extensive inflammation of the flesh, shall be condemned. When the disease is slight, the carcass may be passed after removal of the affected portion.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0540
Hogs Affected with Urticaria, Tinea Tonsurans, Demodex Follicurlorum, or Erythema

Carcasses of hogs affected with urticaria (nettle rash), tinea tonsurans, demodex folliculorum, or erythema may be passed for human food after detaching and condemning the affected skin, if the carcass is otherwise not adulterated.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0542
Tapeworm Cysts (Cysticercus Bovis) in Cattle

(1) Except as provided in section (2) of this rule, carcasses of cattle affected with lesions of cysticercus bovis shall be disposed of as follows:

(a) Carcasses of cattle displaying lesions of cysticercus bovis shall be condemned if the infestation is extensive or if the musculature is edematous or discolored. Carcasses shall be considered extensively infested if in addition to finding lesions in at least two of the usual inspection sites, namely the heart, diaphragm and its pillars, muscles of mastication, esophagus, tongue, and musculature exposed during normal dressing operations, they are found in at least two of the sites exposed by

(A) an incision made into each round exposing the musculature in cross section, and

(B) a transverse incision into each forelimb commencing 2 or 3 inches above the point of the olecranon and extending to the humerus.

(b) Carcasses of cattle showing one or more tapeworm lesions of cysticercus bovis but not so extensive as indicated in section (1)(a) of this rule, as determined by a careful examination, including examination of, but not limited to, the heart, diaphragm and its pillars, muscles of mastication, esophagus, tongue, and musculature exposed during normal dressing operations, may be passed for human food after removal and condemnation of the lesions with surrounding tissues: Provided, That the carcasses, appropriately identified by retained tags, are held in cold storage under positive control of a Department inspector at a temperature not higher than 15 °F. continuously for a period of not less than 10 days, or in the case of boned meat derived from such carcasses, the meat, when in boxes, tierces, or other containers, appropriately identified by retained tags, is held under positive control of a Department inspector at a temperature of not higher than 15 °F. continuously for a period of not less than 20 days. As an alternative to retention in cold storage as provided in this subsection, such carcasses and meat may be heated throughout to a temperature of at least 140 °F. under positive control of a Department inspector.

(2) Edible viscera and offal shall be disposed of in the same manner as the rest of the carcass from which they were derived unless any lesion of cysticercus bovis is found in these byproducts, in which case they shall be condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0544
Hogs Affected with Tapeworm Cysts

Carcasses of hogs affected with tapeworm cysts (Cysticercus cellulosae) may be passed for cooking, unless the infestation is excessive, in which case the carcass shall be condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0546
Parasites not Transmissible to Man; Tapeworm Cysts in Sheep; Hydatid Cysts; Flukes; Gid Bladder-Worms.

(1) In the disposal of carcasses, edible organs, and other parts of carcasses showing evidence of infestation with parasites not transmissible to humans, the following general rules shall govern except as otherwise provided in this rule: If the lesions are localized in such manner and are of such character that the parasites and the lesions caused by them can be completely removed, the nonaffected portion of the carcass, organ, or other part of the carcass may be passed for human food after the removal and condemnation of the affected portions. If an organ or other part of a carcass shows numerous lesions caused by parasites, or if the character of the infestation is such that complete extirpation of the parasitic infestation or invasion renders the part in any way unfit for human food, the affected part shall be condemned. If parasites are found to be distributed in a carcass in such a manner or to be of such character that their removal and the removal of the lesions caused by them is impracticable, no part of the carcass shall be passed for human food. If the infestation is excessive, the carcass shall be condemned. If the infestation is moderate, the carcass may be passed for cooking, but in case such carcass is not cooked as required by OAR 603-029-0880 to 603-029-0890, it shall be condemned.

(2) In the case of sheep carcasses affected with tapeworm cysts (Cysticercus ovis, so-called sheep measles, not transmissible to humans), such carcasses may be passed for human food after the removal and condemnation of the affected portions: Provided, however, That if, upon the final inspection of sheep carcasses retained on account of measles, the total number of cysts found embedded in muscular tissue, or in immediate relation with muscular tissue, excluding the heart, exceeds five, the entire carcass shall be condemned, or such carcass shall be heated throughout to a temperature of at least 140 °F. after removal and condemnation of all affected portions.

(3) Carcasses found infested with gid bladder-worms (Coenurus cerebralis, Multiceps multiceps) may be passed for human food after condemnation of the affected organ (brain or spinal cord).

(4) Organs or other parts of carcasses infested with hydatid cysts (echinococus) shall be condemned.

(5) Livers infested with flukes or fringed tapeworms shall be condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0548
Emaciation

Carcasses of meat animals too emaciated to produce wholesome meat, and carcasses which show a serous infiltration of muscle tissues, or a serous or mucoid degeneration of the fatty tissue, shall be condemned. A gelatinous change of the fat of the heart and kidneys of well-nourished carcasses and mere leanness shall not be classed as emaciation.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0550
Injured Meat Animals Slaughtered at Unusual Hours

When it is necessary for humane reasons to slaughter an injured meat animal at night or on Sunday or a holiday when the inspector cannot be obtained, the carcass and all parts of all meat animals except for cattle shall be kept for inspection, with the head and all viscera except the stomach, bladder, and intestines held by the natural attachments. If all parts are not so kept for inspection, the carcass shall be condemned. If, on inspection of a carcass slaughtered in the absence of an inspector, any lesion or other evidence is found indicating that the meat animal was sick or diseased, or affected with any other condition requiring condemnation of the meat animal on ante-mortem inspection, or if there is lacking evidence of the condition which rendered emergency slaughter necessary, the carcass shall be condemned. The parts and carcasses of cattle slaughtered in the absence of an inspector shall not be used for human food.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0552
Carcasses of Young Calves, Pigs, Kids, Lambs, and Foals

Carcasses of young calves, pigs, kids, and lambs are unwholesome and shall be condemned if:

(1) the meat has the appearance of being water-soaked, is loose, flabby, tears easily, and can be perforated with the fingers; or

(2) its color is grayish-red; or

(3) good muscular development as a whole is lacking, especially noticeable on the upper shank of the leg, where small amounts of serous infiltrates or small edematous patches are sometimes present between the muscles; or

(4) the tissue which later develops as the fat capsule of the kidneys is edematous, dirty yellow, or grayish-red, tough, and intermixed with islands of fat.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0554
Unborn and Stillborn Meat Animals

All unborn and stillborn meat animals shall be condemned and no hide or skin thereof shall be removed from the carcass within a room in which edible products are handled.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0556
Meat Animals Suffocated and Hogs Scalded Alive

All meat animals which have been suffocated in any way and hogs which have entered the scalding vat alive shall be condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0558
Livers Affected with Carotenosis; Livers Designated as “Telangiectatic,” “Sawdust,” Or “Spotted”

(1) Livers affected with carotenosis shall be condemned.

(2) Cattle livers and calf livers showing the conditions sometimes designated as “telangiectatic,” “sawdust,” or “spotted” shall be disposed of as follows:

(a) When any or all of the conditions are slight in the organ, the whole organ shall be passed for human food without restriction.

(b) When any or all of the conditions are more severe than slight and involve less than one-half of the organ, while in the remainder of the organ the conditions are slight or nonexistent, the remainder shall be passed for human food without restriction and the other portion shall be condemned.

(c) When any or all of the conditions are more severe than slight and involve one-half or more of the organ, the whole organ shall be condemned.

(d) The divisions of an organ into two parts as contemplated in this section for disposition, shall be accomplished by one cut through the organ. This, of course, does not prohibit incisions which are necessary for inspection.

(e) “Telangiectatic,” “sawdust,” or “spotted” livers and parts of livers which are condemned for human food may be shipped from a state-inspected establishment for purposes other than human food in accordance with OAR 603-029-0845.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0560
Vesicular Diseases

(1) Any carcass affected with vesicular disease shall be condemned if the condition is acute and if the extent of the condition is such that it affects the entire carcass or there is evidence of absorption or secondary change.

(2) Any carcass affected with vesicular disease to a lesser extent than as described in section (1) of this rule may be passed for human food after removal and condemnation of the affected parts, if the carcass is otherwise healthy.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0562
Listeriosis

Carcasses of livestock identified as Oregon Suspects because of a history of listeriosis shall be passed for human food after condemnation of the head if the carcass is otherwise normal.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0564
Anemia

Carcasses of meat animals too anemic to produce wholesome meat shall be condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0566
Muscular Inflammation, Degeneration, or Infiltration

(1) If muscular lesions are found to be distributed in such a manner or to be of such character that removal is impractical, the carcass shall be condemned.

(2) If muscular lesions are found to be distributed in such a manner or to be of such character that removal is practical, the following rules shall govern the disposal of the carcasses, edible organs, and other parts of carcasses showing such muscular lesions. If the lesions are localized in such a manner and are of such a character that the affected tissues can be removed, the nonaffected parts of the carcass may be passed for human food after the removal and condemnation of the affected portion. If a part of the carcass shows numerous lesions, or if the character of the lesion is such that complete extirpation is difficult and uncertainly accomplished, or if the lesion renders the part in any way unfit for human food, the part shall be condemned.

(3) If the lesions are slight or of such character as to be insignificant from a standpoint of wholesomeness, the carcass or parts may be passed for use in the manufacture of comminuted cooked product, after removal and condemnation of the visibly affected portions.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0568
Coccidioidal Granuloma

(1) Carcasses which are affected with generalized coccidioidal granuloma or which show systemic changes because of such disease shall be condemned.

(2) Carcasses affected with localized lesions of this disease may be passed for human food after the affected parts are removed and condemned.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0570
Odors, Foreign and Urine

(1) Carcasses which give off a pronounced odor of medicinal, chemical, or other foreign substance shall be condemned.

(2) Carcasses which give off a pronounced urine odor shall be condemned.

(3) Carcasses, organs, or parts affected by odor to a lesser degree than as described in sections (1) and (2) of this rule and in which the odor can be removed by trimming or chilling may be passed for human food, after removal of affected parts or dissipation of the condition.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 649.046
Statutes/Other Implemented: ORS 619.042, ORS 649.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0572
Meat and Meat Byproducts from Meat Animals Which Have Been Exposed to Radiation

Meat and meat byproducts from meat animals which have been administered radioactive material shall be condemned unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0574
Biological Residues

Carcasses, organs, or other parts of carcasses of meat animals shall be condemned if it is determined that they are adulterated because of the presence of any biological residues.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 596.392, ORS 596.388, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0600
General

The marks, devices, and certificates prescribed or referenced in this part shall be Oregon marks, devices, and certificates for purposes of this Division 29, and shall be used in accordance with the provisions of OAR 603-029-0600 to 603-029-0620 and the regulations cited therein.

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
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0610
Oregon Marks and Devices to Identify Inspected and Passed Products of Cattle, Sheep, Swine, or Goats.

(1) The Oregon inspection legend required by OAR 603-029-0900 to 603-029-0970 to be applied to inspected and passed carcasses and parts of carcasses of cattle, sheep, swine and goats, meat food products in animal casings, and other products as approved by the Department, shall be in the appropriate form as hereinafter specified: [Image 1, 603-029-0610(a)]

(a) For application to sheep carcasses, the loins and ribs of pork, beef tails, and the smaller varieties of sausage and meat food products in animal casings. [Image 2, 603-029-0610(a)]

(b) For application to calf and goat carcasses and on the larger varieties of sausage and meat food products in animal casings. [Image 3, 603-029-0610(a)]

(c) For application to beef and hog carcasses primal parts and cuts therefrom, beef livers, beef tongues, beef hearts, and smoked meats not in casings. [Image 4, 603-029-0610(a)]

(d) For application to burlap, muslin, cheesecloth, heavy paper, or other acceptable material that encloses carcasses or parts of carcasses.

(2)(a) The Oregon inspection legend required by OAR 603-029-1000 to 603-029-1058 to be shown on all labels for inspected and passed products of cattle, sheep, swine, and goats shall be in the following form except that it need not be of the size illustrated, provided that it is a sufficient size and of such color as to be conspicuously displayed and readily legible and the same proportions of letter size and boldness are maintained as illustrated: [Image 5, 603-029-0610(b)(1)]

(b) This Oregon mark shall be applied by mechanical means and shall not be applied by a hand stamp.

(c) The Oregon inspection legend described in section (2)(a) of this rule may also be used for purposes of OAR 603-029-0900 to 603-029-0970 on shipping containers, band labels, artificial casings, and other articles with the approval of the Department.

(3) Any brand, stamp, label, or other device approved by the Department and bearing any Oregon mark prescribed in section (a) or (b) of this rule shall be an Oregon device for purposes of this Division 29.

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
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0615
Oregon Ante-Mortem Inspection Marks and Devices

The Oregon marks and devices used in connection with ante-mortem inspection are those prescribed in OAR 603-029-0390.

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
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0620
Oregon Marks and Devices in Connection with Post-Mortem Inspection and Identification of Adulterated Products and Insanitary Equipment and Facilities

(1) The Oregon marks required by OAR 603-029-0400 to 603-029-0498 and OAR 603-029-2100 to 603-029-2175 for use in post-mortem inspection and identification of adulterated products and insanitary equipment and facilities are:

(a) The Oregon tag which is used to retain carcasses and parts of carcasses in the slaughter department; it is black and white, and bears the legend “Oregon Retained.”

(b) The “Oregon Retained” mark which is applied to products and articles as prescribed in OAR 603-029-0400 to 603-029-0498 by means of a paper tag bearing the legend “Oregon Retained.”

(c) The “Oregon Rejected” mark which is used to identify insanitary buildings, rooms, or equipment as prescribed in OAR 603-029-2100 to 603-029-2175 and is applied by means of a paper tag (Form MP-35) bearing the legend “Oregon Rejected.”

(d) The “Oregon Passed for Cooking” mark is applied on products passed for cooking as prescribed in OAR 603-029-0400 to 603-029-0498 by means of a brand and is in the following form: [Image 1, 603-029-0620(a)(4)]

(e) The “Oregon Inspected and Condemned” mark shall be applied to products condemned as prescribed in OAR 603-029-0400 to 603-029-0498 by means of a brand and is in the following form: [Image 2, 603-029-0620(a)(5)]

(2) The “Oregon Retained” and “Oregon Rejected” tags, and all other brands, stamps, labels, and other devices approved by the Department and bearing any Oregon mark prescribed in section (a) of this rule, shall be Oregon devices for purposes of this Division 29.

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
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0625
Official Seals for Transportation of Products

The official mark for use in sealing railroad cars or other means of conveyance as prescribed in OAR 603-029-1400 to 603-029-1480 shall be the inscription and a serial number as hereinafter shown [2] and any seal approved by the Director for applying such mark shall be an official device for purposes of this Division 29. This seal shall be attached to the means of conveyance only by a Department employee. [Image 1, 603-029-0625]

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
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0700
Meat Animal Pens, Driveways and Ramps

(1) Meat animal pens, driveways and ramps shall be maintained in good repair. They shall be free from sharp or protruding objects which may, in the opinion of the inspector, cause injury or pain to the animals. Loose boards, splintered or broken planking, and unnecessary openings where the head, feet, or legs of an animal may be injured shall be repaired.

(2) Floors of meat animal pens, ramps, and driveways shall be constructed and maintained so as to provide good footing for meat animals. Slip resistant or waffled floor surfaces, cleated ramps and the use of sand, as appropriate, during winter months are examples of acceptable construction and maintenance.

(3) Oregon Suspects (as defined in OAR 603-029-0010(52)) and dying, diseased, and disabled meat animals (as defined in OAR 603-029-0010 (25)) shall be provided with a covered pen sufficient, in the opinion of the inspector, to protect them from the adverse climatic conditions of the locale while awaiting disposition by the inspector.

(4) Meat animal pens and driveways shall be so arranged that sharp corners and direction reversal of driven animals are minimized.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 613.065
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0705
Handling of Meat Animals

(1) Driving of meat animals from the unloading ramps to the holding pens and from the holding pens to the stunning area shall be done with a minimum of excitement and discomfort to the animals. Meat animals shall not be forced to move faster than a normal walking speed.

(2) Electric prods, canvas slappers, or other implements employed to drive meat animals shall be used as little as possible in order to minimize excitement and injury. Any use of such implements which, in the opinion of the inspector, is excessive, is prohibited. Electrical prods attached to AC house current shall be reduced by a transformer to the lowest effective voltage not to exceed 50 volts AC.

(3) Pipes, sharp or pointed objects, and other items which, in the opinion of the inspector, would cause injury or unnecessary pain to the animal shall not be used to drive meat animals.

(4) Disabled meat animals and other meat animals unable to move.

(a) Disabled meat animals shall be separated from normal ambulatory meat animals and placed in the covered pen provided for in OAR 603-029-0700(3).

(b) The dragging of disabled meat animals, while conscious, is prohibited. Stunned meat animals may, however, be dragged.

(c) Disabled meat animals and other meat animals unable to move may be moved, while conscious, on equipment suitable for such purposes; e.g., stone boats.

(5) Meat animals shall have access to water in all holding pens and, if held longer than 24 hours, access to feed. There shall be sufficient room in the holding pen for meat animals held overnight to lie down.

(6) Stunning methods approved in OAR 603-029-0728 shall be effectively applied to meat animals prior to their being shackled, hoisted, thrown, cast, or cut.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0710
Chemical; Carbon Dioxide

The slaughtering of sheep, calves and swine with the use of carbon dioxide gas and the handling in connection therewith, in compliance with the provisions contained in this rule, are hereby designated and approved as humane methods of slaughtering and handling of such animals.

(1) Administration of gas, required effect; handling.

(a) The carbon dioxide gas shall be administered in a chamber in accordance with this rule so as to produce surgical anesthesia in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be exposed to the carbon dioxide gas in a way that will accomplish the anesthesia quickly and calmly, with a minimum of excitement and discomfort to the animals. In swine, carbon dioxide may be administered to induce death in the animals before they are shackled, hoisted, thrown, cast, or cut.

(b) The driving or conveying of the animals to the carbon dioxide chamber shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the anesthesia chamber is essential since the induction, or early phase, of anesthesia is less violent with docile animals. Among other things this requires that, in driving animals to the anesthesia chamber, electrical equipment be used as little as possible and with the lowest effective voltage.

(c) On emerging from the carbon dioxide tunnel, the animals shall be in a state of surgical anesthesia and shall remain in this condition throughout shackling, sticking, and bleeding, except for swine in which death has been induced by the administration of carbon dioxide. Asphyxia or death from any cause shall not be produced in animals before bleeding, except for swine in which death has been induced by the administration of carbon dioxide.

(2) Facilities and procedures.

(a) General requirements for gas chambers and auxiliary equipment; operator.

(A) The carbon dioxide gas shall be administered in a tunnel which is designed to permit the effective exposure of the animal. Two types of tunnels, based on the same principle, are in common use for carbon dioxide anesthesia. They are the “U” type tunnel and the “Straight Line” type tunnel, and are based on the principle that carbon dioxide gas has a higher specific gravity than air. The tunnels are open at both ends for entry and exit of animals and have a depressed central section. Anesthetizing, or, in the case of swine, death-inducing, carbon dioxide concentrations are maintained in the central sections of the tunnels. Effective anaesthetization is produced in these central sections. Animals are driven from holding pens through pathways constructed of large-diameter pipe or smooth metal and onto continuous conveyor devices that move the animals through the tunnels. The animals are either compartmentalized on the conveyors by mechanical impellers synchronized with the conveyor or they are otherwise prevented from crowding. While impellers are used to compartmentalize the animals, mechanically or manually operated gates are used to move the animals onto the conveyors. Surgically anaesthetized animals, or killed swine, are moved out of the tunnels by the same continuous conveyors that moved them into and through the carbon dioxide gas.

(B) Flow of animals into and through the carbon dioxide chamber is dependent on one operator. The operation or stoppage of the conveyor is entirely dependent upon this operator. It is necessary that the operator be skilled, attentive, and aware of the operator’s responsibility. Overdosages and death of animals can be brought about by carelessness of this individual.

(b) Special requirements for gas chamber and auxiliary equipment. The ability of anesthetizing equipment to perform with maximum efficiency is dependent on its proper design and efficient mechanical operation. Pathways, compartments, gas chambers, and all other equipment used must be designed to accommodate properly the species of animals being anesthetized. They shall be free from pain-producing restraining devices. Injury of animals must be prevented by the elimination of sharp projections or exposed wheels or gears. There shall be no unnecessary holes, spaces or openings where feet or legs of animals may be injured. Impellers or other devices designed to mechanically move or drive animals or otherwise keep them in motion or compartmentalized shall be constructed of flexible or well-padded rigid material. Power activated gates designed for constant flow of animals to anesthetizing equipment shall be so fabricated that they will not cause injury. All equipment involved in anesthetizing animals shall be maintained in good repair.

(c) Gas. Maintenance of a uniform carbon dioxide concentration and distribution in the anesthesia chamber is a vital aspect of producing surgical anesthesia. This may be assured by reasonably accurate instruments which sample and analyze carbon dioxide gas concentration within the chamber throughout anesthetizing operations. Gas concentration shall be maintained uniform so that the degree of anesthesia in exposed animals will be constant. Carbon dioxide gas supplied to anesthesia chambers may be from controlled reduction of solid carbon dioxide or from a controlled liquid source. In either case the carbon dioxide shall be supplied at a rate sufficient to anesthetize adequately and uniformly the number of animals passing through the chamber. Sampling of gas for analysis shall be made from a representative place or places within the chamber and on a continuing basis. Gas concentrations and exposure time shall be graphically recorded throughout each day's operation. Neither carbon dioxide nor atmospheric air used in the anesthesia chambers shall contain noxious or irritating gases. Each day before equipment is used for anesthetizing animals, proper care shall be taken to mix adequately the gas and air within the chamber. All gas producing and control equipment shall be maintained in good repair and all indicators, instruments, and measuring devices must be available for inspection by Program inspectors during anesthetizing operations and at other times. An exhaust system must be provided so that, in case of equipment failure, non-uniform carbon dioxide concentrations in the gas tunnel or contamination of the ambient air of the establishment will be prevented.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0715
Mechanical; Captive Bolt

The slaughtering of meat animals by using captive bolt stunners and the handling in connection therewith, in compliance with the provisions contained in this rule, are hereby designated and approved as humane methods of slaughtering and handling of such meat animals.

(1) Application of stunners, required effect; handling.

(a) The captive bolt stunners shall be applied to the meat animals in accordance with this rule so as to produce immediate unconsciousness in the animals before they are shackled, hoisted, thrown, cast, or cut. The meat animals shall be stunned in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort.

(b) The driving of the meat animals to the stunning area shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the stunning areas is essential since accurate placement of stunning equipment is difficult on nervous or injured animals. Among other things, this requires that, in driving animals to the stunning areas, electrical equipment be used as little as possible and with the lowest effective voltage.

(c) Immediately after the stunning blow is delivered the meat animals shall be in a state of complete unconsciousness and remain in this condition throughout shackling, sticking and bleeding.

(2) Facilities and procedures.

(a) General requirements for stunning facilities; operator.

(A) Acceptable captive bolt stunning instruments may be either skull penetrating or nonpenetrating. The latter type is also described as a concussion or mushroom type stunner. Penetrating instruments on detonation deliver bolts of varying diameters and lengths through the skull and into the brain. Unconsciousness is produced immediately by physical brain destruction and a combination of changes in intracranial pressure and acceleration concussion. Nonpenetrating or mushroom stunners on detonation deliver a bolt with a flattened circular head against the external surface of the animal's head over the brain. Diameter of the striking surface of the stunner may vary as conditions require. Unconsciousness is produced immediately by a combination of acceleration concussion and changes in intracranial pressures. A combination instrument utilizing both penetrating and nonpenetrating principles is acceptable. Energizing of instruments may be accomplished by detonation of measured charges of gunpowder or accurately controlled compressed air. Captive bolts shall be of such size and design that, when properly positioned and activated, immediate unconsciousness is produced.

(B) To assure uniform unconsciousness with every blow, compressed air devices must be equipped to deliver the necessary constant air pressure and must have accurate, constantly operating air pressure gauges. Gauges must be easily read and conveniently located for use by the stunning operator and the inspector. For purposes of protecting employees, inspectors, and others, it is desirable that any stunning device be equipped with safety features to prevent injuries from accidental discharge. Stunning instruments must be maintained in good repair.

(C) The stunning area shall be so designed and constructed as to limit the free movements of animals sufficiently to allow the operator to locate the stunning blow with a high degree of accuracy. All chutes, alleys, gates and restraining mechanisms between and including holding pens and stunning areas shall be free from pain-producing features such as exposed bolt ends, loose boards, splintered or broken planking, and protruding sharp metal of any kind. There shall be no unnecessary holes or other openings where feet or legs of animals may be injured. Overhead drop gates shall be suitably covered on the bottom edge to prevent injury on contact with animals. Roughened or cleated cement shall be used as flooring in chutes leading to stunning areas to reduce falls of animals. Chutes, alleys, and stunning areas shall be so designed that they will comfortably accommodate the kinds of animals to be stunned.

(D) The stunning operation is an exacting procedure and requires a well-trained and experienced operator. The operator must be able to accurately place the stunning instrument to produce immediate unconsciousness. The operator must use the correct detonating charge with regard to kind, breed, size, age, and sex of the animal to produce the desired results.

(b) Special requirements and prohibitions.

(A) Choice of instrument and force required to produce immediate unconsciousness varies, depending on kind, breed, size, age, and sex of the meat animal. Young swine, lambs, and calves usually require less stunning force than mature animals of the same kind. Bulls, rams, and boars usually require skull penetration to produce immediate unconsciousness. Charges suitable for smaller kinds of meat animals such as swine or for young animals are not acceptably interchanged for use on larger kinds or older meat animals, respectively.

(B) Captive bolt stunners that deliberately inject compressed air into the cranium at the end of the penetration cycle shall not be used to stun cattle.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0720
Mechanical; Gunshot

The slaughtering of meat animals by shooting with firearms and the handling in connection therewith, in compliance with the provisions contained in this rule, are hereby designated and approved as humane methods of slaughtering and handling of such animals.

(1) Utilization of firearms, required effect; handling.

(a) The firearms shall be employed in the delivery of a bullet or projectile into the meat animal in accordance with this rule so as to produce immediate unconsciousness in the animal by a single shot before it is shackled, hoisted, thrown, cast, or cut. The meat animal shall be shot in such a manner that it will be rendered unconscious with a minimum of excitement and discomfort.

(b) The driving of the animals to the shooting areas shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the shooting area is essential since accurate placement of the bullet is difficult in case of nervous or injured animals. Among other things, this requires that, in driving animals to the shooting areas, electrical equipment be used as little as possible and with the lowest effective voltage.

(c) Immediately after the firearm is discharged and the projectile is delivered, the animal shall be in a state of complete unconsciousness and remain in this condition throughout shackling, sticking and bleeding.

(2) Facilities and procedure.

(a) General requirements for shooting facilities; operator.

(A) On discharge, acceptable firearms dispatch free projectiles or bullets of varying sizes and diameters through the skull and into the brain. Unconsciousness is produced immediately by a combination of physical brain destruction and changes in intracranial pressure. Caliber of firearms shall be such that when properly aimed and discharged, the projectile produces immediate unconsciousness.

(B) To assure uniform unconsciousness of the animal with every discharge where small-bore firearms are employed, it is necessary to use one of the following type projectiles: Hollow pointed bullets; frangible iron plastic composition bullets; or powdered iron missiles. When powdered iron missiles are used, the firearms shall be in close proximity with the skull of the animal when fired. Firearms must be maintained in good repair. For purposes of protecting employees, inspectors and others, it is desirable that all firearms be equipped with safety devices to prevent injuries from accidental discharge. Aiming and discharging of firearms should be directed away from operating areas.

(C) The provisions contained in OAR 603-029-0715(2)(a)(C) with respect to the stunning area also apply to the shooting area.

(D) The shooting operation is an exacting procedure and requires a well-trained and experienced operator. The operator must be able to accurately direct the projectile to produce immediate unconsciousness. The operator must use the correct caliber firearm, powder charge and type of ammunition to produce the desired results.

(b) Special requirements. Choice of firearms and ammunition with respect to caliber and choice of powder charge required to produce immediate unconsciousness of the animal may vary depending on age and sex of the animal. In the case of bulls, rams, and boars, small bore firearms may be used provided they are able to produce immediate unconsciousness of the animals. Small bore firearms are usually effective for stunning other cattle, sheep, swine, and goats, and calves.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0725
Electrical; Stunning or Slaughtering with Electric Current

The slaughtering of swine, sheep, calves, cattle, and goats with the use of electric current and the handling in connection therewith, in compliance with the provisions contained in this rule, are hereby designated and approved as humane methods of slaughtering and handling of such animals.

(1) Administration of electric current, required effect; handling.

(a) The electric current shall be administered so as to produce, at a minimum, surgical anesthesia, i.e., a state where the meat animal feels no painful sensation. The animals shall be either stunned or killed before they are shackled, hoisted, thrown, cast, or cut. They shall be exposed to the electric current in a way that will accomplish the desired result quickly and effectively, with a minimum of excitement and discomfort.

(b) The driving or conveying of the animals to the place of application of electric current shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the place of application is essential to ensure rapid and effective insensibility. Among other things, this requires that, in driving animals to the place of application, electrical equipment be used as little as possible and with the lowest effective voltage.

(c) The quality and location of the electrical shock shall be such as to produce immediate insensibility to pain in the exposed animal.

(d) The stunned animal shall remain in a state of surgical anesthesia through shackling, sticking, and bleeding.

(2) Facilities and procedures; operator.

(a) General requirements for operator. It is necessary that the operator of electric current application equipment be skilled, attentive, and aware of his or her responsibility.

(b) Special requirements for electric current application equipment. The ability of electric current equipment to perform with maximum efficiency is dependent on its proper design and efficient mechanical operation. Pathways, compartments, current applicators, and all other equipment used must be designed to properly accommodate the species of animals being anesthetized. Animals shall be free from pain-producing restraining devices. Injury of animals must be prevented by the elimination of sharp projections or exposed wheels or gears. There shall be no unnecessary holes, spaces or openings where feet or legs of animals may be injured. Impellers or other devices designed to mechanically move or drive animals or otherwise keep them in motion or compartmentalized shall be constructed of flexible or padded material. Power activated gates designed for constant flow of animals shall be so fabricated that they will not cause injury. All equipment used to apply and control the electrical current shall be maintained in good repair, and all indicators, instruments, and measuring devices shall be available for inspection by inspectors during the operation and at other times.

(c) Electric current. Each animal shall be given a sufficient application of electric current to ensure surgical anesthesia throughout the bleeding operation. Suitable timing, voltage and current control devices shall be used to ensure that each animal receives the necessary electrical charge to produce immediate unconsciousness. The current shall be applied so as to avoid the production of hemorrhages or other tissue changes which could interfere with inspection procedures.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0728
Ritual Slaughter Practices and Exemption

(1) Slaughtering of the animal in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes the method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering.

(2) Nothing in this sub-chapter shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provision of this sub-chapter, in order to protect freedom of religion, ritual slaughter and the handling or other preparation of livestock for ritual slaughter are exempted from the terms of this sub-chapter. For the purposes of this sub-section, the term “ritual slaughter” means slaughter in accordance with sub-section 603-029-0728(1).

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.059, ORS 603.065, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0730
Tagging of Equipment, Alleyways, Pens, or Compartments to Prevent Inhumane Slaughter or Handling in Connection with Slaughter

(1) When an inspector observes an incident of inhumane slaughter or handling in connection with slaughter, the inspector shall inform the establishment operator of the incident and request that the operator take the necessary steps to prevent a recurrence. If the establishment operator fails to take such action or fails to promptly provide the inspector with satisfactory assurances that such action will be taken, the inspector shall follow the procedures specified in section (a), (b), or (c) of this rule, as appropriate.

(a) If the cause of inhumane treatment is the result of facility deficiencies, disrepair, or equipment breakdown, the inspector shall attach an “Oregon Rejected” tag thereto. No equipment, alleyway, pen or compartment so tagged shall be used until made acceptable to the inspector. The tag shall not be removed by anyone other than an inspector. All meat animals slaughtered prior to such tagging may be dressed, processed, or prepared under inspection.

(b) If the cause of inhumane treatment is the result of establishment employee actions in the handling or moving of meat animals, the inspector shall attach an “Oregon Rejected” tag to the alleyways leading to the stunning area. After the tagging of the alleyway, no more meat animals shall be moved to the stunning area until the inspector receives satisfactory assurances from the establishment operator that there will not be a recurrence. The tag shall not be removed by anyone other than an inspector. All meat animals slaughtered prior to the tagging may be dressed, processed, or prepared under inspection.

(c) If the cause of inhumane treatment is the result of improper stunning, the inspector shall attach an “Oregon Rejected” tag to the stunning area. Stunning procedures shall not be resumed until the inspector receives satisfactory assurances from the establishment operator that there will not be a recurrence. The tag shall not be removed by anyone other than an inspector. All meat animals slaughtered prior to such tagging may be dressed, processed, or prepared under inspection.

(2) When an inspector attaches an “Oregon Rejected” tag to any equipment or area in a state-inspected establishment, the Department shall also promptly issue a written Notice of Inhumane Slaughter/Handling to the establishment. The Notice of Inhumane Slaughter/Handling shall:

(a) State the effective date of the action(s);

(b) Describe the reasons for the action(s);

(c) Identify the equipment or area of the establishment that is tagged with an “Oregon Rejected” tag;

(d) Advise the state-inspected establishment that it may challenge the action by requesting that a supervisor review the propriety of the action; and

(e) Comply with the requirements of ORS 183.415.

(3) If the Department determines that the condition prompting the issuance of the Notice of Inhumane Slaughter/Handling poses a serious danger to the public health or safety, the Department may make the Notice of Inhumane Slaughter/Handling effective immediately. In such circumstances, OAR 137-003-0010 is applicable.

(4) A state-inspected establishment may challenge the Notice of Inhumane Slaughter/Handling by requesting that a supervisor review the propriety of the action. A state-inspected establishment may also challenge the Notice of Inhumane Slaughter/Handling by filing a written request for a hearing with the Department such that the Department receives the request no later than 20 days after the issuance of the Notice of Inhumane Slaughter/Handling. If timely requested, a hearing shall be conducted in accordance with the procedures for contested cases set forth in ORS chapter 183 and OAR chapter 137, division 3. Upon request, or if the Notice of Inhumane Slaughter/Handling is effective immediately, the Department will request that the hearing be expedited.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 603.059 & ORS 603.065
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0800
Disposition of Condemned Products at State-Inspected Establishments Having Tanking Facilities; Sealing of Tanks.

(1) Carcasses, parts of carcasses, and other products condemned at state-inspected establishments having facilities for tanking shall, except as provided in section (3) of this rule or elsewhere in this part, be disposed of by tanking as follows:

(a) The lower opening of the tank shall first be sealed securely by a Department employee, except when permanently connected with a blow line; then the condemned products shall be placed in the tank in the employee’s presence, after which the upper opening shall also be sealed securely by such employee, who shall then see that the contents of the tank are subjected to sufficient heating for sufficient time to effectively destroy the contents for human food purposes.

(b) The use of equipment such as crushers or hashers for pre-tanking preparation of condemned products in the inedible products department has been found to give inedible character and appearance to the material. Accordingly, if condemned products are so crushed or hashed, conveying systems, rendering tanks, and other equipment used in the further handling of crushed or hashed material need not be locked or sealed during the tanking operations. If the rendering tanks or other equipment contain condemned material not so crushed or hashed, the equipment shall be sealed as prescribed in section (1)(a) of this rule. If the crushed or hashed material is not rendered in the state-inspected establishment where produced, it shall be denatured as provided for in OAR 603-029-0810 before leaving such establishment.

(2) The seals of tanks shall be broken only by a Department employee and only after the contents of the tanks have been treated as provided in section (1) of this rule. The rendered fat derived from condemned material shall be held until a Department employee shall have had an opportunity to determine whether it conforms with the requirements of this rule. Samples shall be taken by Department employees as often as is necessary to determine whether the rendered fat is effectually denatured.

(3) Carcasses of animals condemned under OAR 603-029-0315 may be disposed of as provided in OAR 603-029-0810, in lieu of tanking, with the approval of the inspector.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0805
Tanking and Other Facilities for Inedible Products to be Separate from Edible Product Facilities.

All tanks and equipment used for rendering, otherwise preparing, or storing inedible products must be in rooms or compartments separate from those used for preparing or storing edible products. There may be a connection between rooms or compartments containing inedible products and those containing edible products as long as it does not cause the adulteration of edible product or create insanitary conditions.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0810
Disposition of Condemned Products at State-Inspected Establishments Having no Tanking Facilities

(1) Carcasses, parts of carcasses, and other products condemned at a state-inspected establishment which has no facilities for tanking shall, except as provided in section (2) of this rule or elsewhere in OAR 603-029-0800 to 603-029-0850, be destroyed in the presence of an inspector by incineration, or denatured with crude carbolic acid, or cresylic disinfectant, or a formula consisting of one part FD&C No. 3 green coloring, 40 parts water, 40 parts liquid detergent, and 40 parts oil of citronella or any other proprietary material approved by the Department in specific cases. When such product is to be denatured, it shall be freely slashed before the denaturing agent is applied, except that, in the case of dead meat animals that have not been dressed, the denaturant may be applied by injection. The denaturant must be deposited in all portions of the carcass or product to the extent necessary to preclude its use for food purposes.

(2) All carcasses and parts condemned on account of anthrax, as identified in OAR 603-029-0440(2), at state-inspected establishments which are not equipped with tanking facilities shall be disposed of by:

(a) complete incineration, or

(b) by thorough denaturing with crude carbolic acid, or cresylic disinfectant, and then disposed of in accordance with the requirements of the particular State or municipal authorities, who shall be notified immediately by the Supervisor.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0815
Suppression of Odors in Preparing Inedible Products

Tanks, fertilizer driers, and other equipment used in the preparation of inedible product must be operated in a manner that will suppress odors incident to such preparation which could adulterate edible product or create insanitary conditions.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0820
Inedible Rendered Fats Prepared at State-Inspected Establishments

Except as provided in OAR 603-029-1435(2), rendered animal fat derived from condemned or other inedible materials at state-inspected establishments shall be denatured to effectually distinguish it from an edible product, either with low grade offal during the rendering or by adding to, and mixing thoroughly with, such fat, denaturing oil, No. 2 fuel oil, or brucine dissolved in a mixture of alcohol and pine oil or oil of rosemary, and may be shipped in commerce in accordance with OAR 603-029-1435(3).

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0825
Inedible Fats from Outside State-Inspected Establishments

Except as provided in OAR 603-029-1435(2) of this subchapter, inedible fats from outside the premises of any state-inspected establishment shall not be received into a state-inspected establishment except into the tank room provided for inedible products, and then only when they have been denatured in accordance with OAR 603-029-0820 and are marked in accordance with OAR 603-029-0970, and when their receipt into the tank room produces no insanitary condition on the premises; nor shall such fats be received in such volume as interferes with prompt disposal of condemned or other inedible material produced at the state-inspected establishment. When received, they shall not enter any room or compartment used for edible products.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0830
Carcasses of Meat Animals Condemned on Ante-Mortem Inspection not to Pass Through Edible Meat Product Areas

Carcasses of meat animals which have been condemned on ante-mortem inspection shall not be taken through rooms or compartments in which an edible meat product is prepared, handled, or stored.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0835
Dead Meat Animal Carcasses

(1) With the exception of dead meat animals which have died en-route and are received with meat animals for slaughter at a state-inspected establishment, no dead meat animal or part of the carcass of any meat animals that died otherwise than by slaughter may be brought on the premises of a state-inspected establishment unless advance permission therefore is obtained from the Supervisor.

(2) Under no circumstances shall the carcasses of any meat animal which has died otherwise than by slaughter, or any part thereof, be brought into any room or compartment in which any edible meat product is prepared, handled, or stored.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0840
Specimens for Educational, Research, and Other Nonfood Purposes; Permits for, Required

(1) Specimens of condemned or other inedible materials, including embryos and specimens of animal parasites, may be released for educational, research, or other nonfood purposes under permit issued by the Veterinary Medical Officer: Provided, That the person desiring such specimens makes a written application to the inspector in charge for such permit on a form designated by the Department and arranges with and receives permission from the state-inspected establishment to obtain the specimens. Permits shall be issued for a period not longer than 1 year. The permit may be revoked by the Veterinary Medical Officer if the specimens are not used as stated in the application, or if the collection or handling of the specimens interferes with inspection or the maintenance of sanitary conditions in the state-inspected establishment.

(2) The specimens referred to in section (1) of this rule shall be collected and handled only at such time and place and in such manner as not to interfere with the inspection or to cause any objectionable condition and shall be identified as inedible when they leave the state-inspected establishment.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0845
Livers Condemned Because of Parasitic Infestation and for Other Causes; Conditions for Disposal for Purposes Other than Human Food

(1) Livers condemned on account of hydatid cysts shall be disposed of by tanking pursuant to the provisions of OAR 603-029-0800 if condemned at state-inspected establishments having facilities for tanking; otherwise they shall be destroyed pursuant to the provisions of OAR 603-029-0810.

(2) Livers condemned because of parasites other than hydatid cysts; and livers condemned because of telangiectasis, angioma, “sawdust” condition, cirrhosis, carotenosis, or other nonmalignant change, benign abscesses, or contamination, when these conditions are not associated with infectious diseases in the carcasses, may be shipped from a state-inspected establishment only for purposes other than human food, and only if all tissue affected with abscesses is removed and destroyed within the state-inspected establishment, and all livers are processed and denatured, with any agent prescribed in OAR 603-029-1440(1) subsection (a) or (b) or (e), and in accordance with OAR 603-029-1455(1)(f). This provision for movement from a state-inspected establishment is made solely under Division 29 and is not intended to relieve or modify any other applicable requirements under any other law regarding the movement of such articles, for purposes other than use as human food.

(3) Livers condemned because of conditions described in section (2) of this rule shall be in containers plainly marked “inedible.”

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0850
Handling of Certain Condemned Products for Purposes Other than Human Food

Condemned carcasses of meat animals affected with one or more of the following conditions may be shipped from a state-inspected establishment only for purposes other than human food and only if permission therefor is obtained from the Veterinary Medical Officer: Anasarca, Ocular Squamous Cell Carcinoma (after removal of neoplastic tissue), emaciation, eosinophilic myositis, immaturity, nonseptic bruises and injuries, and sarcosporidiosis. This provision also applies to unborn calves and to products such as paunches and udders when they have not been handled as required under this subchapter for products for human food purposes; provided, such articles have not been condemned for other pathological reasons. Such permission will be granted only if all parts to be so used will be promptly handled, freely slashed and adequately identified as required by OAR 603-029-1455(1)(b). The slashing, identification and packing of the product shall be accomplished in an inedible product area under the supervision of an inspector. Facilities must be adequate so that the carcasses or parts saved under these provisions are not contaminated with pus, manure, septic, or toxic materials, or similar substances. The operation must not result in unsanitary conditions within the state-inspected establishment.

Statutory/Other Authority: ORS 603.085, ORS 616.700, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0880
Carcasses and Parts Passed for Cooking; Rendering into Lard or Tallow

Carcasses and parts passed for cooking may be rendered into lard in accordance with OAR 603-029-1291 or rendered into tallow, provided such rendering is done in the following manner:

(1) When closed rendering equipment is used, the lower opening, except when permanently connected with a blowline, shall first be sealed securely by a Department employee; then the carcasses or parts shall be placed in such equipment in the employee’s presence, after which the upper opening shall be securely sealed by such employee. When the product passed for cooking in the tank does not consist of a carcass or whole primal part, the requirements for sealing shall be at the discretion of the Supervisor. Such carcasses and parts shall be cooked for a time sufficient to render them effectually into lard or tallow, provided all parts of the products are heated to a temperature not lower than 170°F. for a period of not less than 30 minutes.

(2) At establishments not equipped with closed rendering equipment for rendering carcasses and parts passed for cooking into lard and tallow, such carcasses or parts may be rendered in open kettles under the direct supervision of a Department employee. Such rendering shall be done during regular hours of work and in compliance with the requirements as to temperature and time specified in section (1) of this rule.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0885
Carcasses and Parts Passed for Cooking; Utilization for Food Purposes after Cooking

Carcasses and parts passed for cooking may be used for the preparation of meat products, provided all such carcasses or parts are heated to a temperature not lower than 170°F. for a period of not less than 30 minutes either before being used in or during the preparation of the finished product.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0890
Disposal of Products Passed for Cooking if not Handled According to this Part

Products passed for cooking if not handled and processed in accordance with the provisions of OAR 603-029-0880 to 603-029-0890, shall be disposed of in accordance with OAR 603-029-0800 or OAR 603-029-0810.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 603.055, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0900
Authorization Required to Make Devices Bearing Oregon Marks

No brand manufacturer, printer or other person shall cast, print, lithograph, or otherwise make or cause to be made any device containing any Oregon mark or simulation thereof without prior written authority therefor from the Department as provided for in OAR 603-029-1000 to 603-029-1058.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0905
Approval Required for Oregon Marks

No device containing any Oregon mark shall be made or caused to be made for use on any product until it has been approved by the Department as provided for in OAR 603-029-1000 to 603-029-1058

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0910
Use of Oregon Marks Prohibited Except Under Supervision of a Department Employee; Removal of Oregon Marks, when Required

(1) No person shall affix or place, or cause to be affixed or placed, the Oregon inspection legend or any other Oregon mark, or any abbreviation or simulation of any Oregon mark, to or on any product, or container thereof, except under the supervision of a Department employee, or as authorized by OAR 603-029-1000 to 603-029-1058 in connection with the manufacture of containers.

(2) No person shall fill, or cause to be filled, in whole or in part, with any product, any container bearing or intended to bear any Oregon mark, or any abbreviation or simulation of any Oregon mark, except under the supervision of a Department employee.

(3) Product bearing any Oregon mark shall not be canned, cooked, cured, smoked, salted, packed, rendered, or otherwise prepared by any person for commercial purposes unless:

(a) Such preparation is performed at a federally inspected establishment; or

(b) Such preparation is conducted under State or other governmental inspection and the prepared product is marked to show that fact; or

(c) The Oregon marks are removed, defaced, or otherwise destroyed before or during such preparation; or

(d) The preparation of the product consists solely of cutting up operations at any establishment exempted from inspection under OAR 603-029-0020(2) of this Division 29.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0915
Marking Devices; to be Furnished by State-Inspected Establishments; Control of

(1) The operator of each state-inspected establishment shall furnish such ink brands, burning brands, and any other device for marking products with Oregon marks as the Department may determine is necessary for marking products at such state-inspected establishment. The Oregon inspection legend on such a device shall be as prescribed in OAR 603-029-0600 to 603-029-0625.

(2) All Oregon devices for marking products with the Oregon inspection legend, or other Oregon inspection marks, including self-locking seals, shall be used only under supervision of a Department employee, and, when not in use for marking shall be kept locked in properly equipped locks or compartments, the keys of which shall not leave the possession of a Department employee, or the locker or compartment shall be sealed with an Oregon seal of the Department as prescribed in OAR 603-029-0600 to 603-029-0625.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0920
Branding Ink; to be Furnished by State-Inspected Establishments; Approval by Department; Color

(1) The operator of each state-inspected establishment shall furnish all ink for marking products with the Oregon marks at such establishment. Such ink must be made with harmless ingredients that are approved for the purpose by the Department. Samples of inks shall be submitted to the Department laboratory from time to time as may be deemed necessary by a supervisor.

(2) Only ink approved for the purpose shall be used to apply ink brands bearing Oregon marks to carcasses of cattle, sheep, swine, or goats and fresh meat cuts derived therefrom. Any ink containing F.D. & C. Violet No. 1 shall not be considered an approved ink within the meaning of this section.

(3) Green ink shall not be used to apply marks to carcasses of cattle, sheep, swine, or goats or fresh meat cuts derived therefrom.

(4) Except as provided in section (2) and (3) of this rule, branding ink of any color, approved for the purpose by the Department in specific cases, may be used to apply ink brands, bearing Oregon marks, to processed meat cuts derived from cattle, sheep, swine, or goats.

(5) No Oregon marks shall be applied to the carcasses or parts of carcasses or meat cuts derived from horses, mules, and other equines.

(6) Ink used must assure legibility and permanence of the markings and the color of ink shall provide acceptable contrast with the color of the product to which it is applied.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0925
Products not to be Removed from State-Inspected Establishments Unless Marked in Accordance with the Regulations

No person shall remove or cause to be removed from a state-inspected establishment any products which the regulations in OAR 603-029-0900 to 603-029-0970 require to be marked in any way unless they are clearly and legibly marked in compliance with such regulations.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0930
Marking Devices not to be False or Misleading; Style and Size of Lettering; Approval Required

No brand or other marking device shall be false or misleading. The letters and figures thereon shall be of such style and type as will make a clear and legible impression. All markings to be applied to products in a state-inspected establishment shall be approved prior to use by the Department as provided for in OAR 603-029-1006, except that official markings prescribed by the Federal meat grading regulations (7 CFR 53.19) need not be submitted to the Department for approval.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0935
Unmarked Inspected Products; Moved Between State-Inspected Establishments; Moved in Commerce

(1) Unmarked products which have been inspected and passed but do not bear the Oregon inspection legend may be transported in compliance with OAR 603-029-1400 to 603-029-1475 from one state-inspected establishment to another state-inspected establishment, for further processing, in a railroad car, truck, or other closed container, if the railroad car, truck, or container is sealed with an official seal of the Department (as prescribed in OAR 603-029-0600 to 603-029-0625) bearing the Oregon inspection legend.

(2) Products which have been inspected and passed but do not bear the Oregon inspection legend may be removed from a state-inspected establishment in closed containers bearing the Oregon inspection legend and all other information required by OAR 603-029-0900 to 603-029-1058: Provided, That upon removal from such closed container the product may not be further transported in commerce unless such removal is made under the supervision of a Department employee and such product is re-inspected by a Department employee and packed under his supervision in containers bearing the Oregon inspection legend and all other information required by OAR 603-029-0900 to 603-029-1058: And provided further, That unmarked product shall not be brought into a state-inspected establishment in an open container.

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
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0940
Products to be Marked with Oregon Marks

(1) Each carcass that has been inspected and passed in a state-inspected establishment must be marked at the time of inspection with the Oregon inspection legend containing the number of the state-inspected establishment.

(2) Except as provided otherwise in OAR 603-029-0935, each primal part of a carcass and each liver, beef tongue, and beef heart which has been inspected and passed shall be marked with the Oregon inspection legend containing the number of the state-inspected establishment before it leaves the establishment in which it is first inspected and passed, and each such inspected and passed product shall be marked with the Oregon inspection legend containing the number of the state-inspected establishment where it was last prepared. Additional Oregon marks of inspection may be applied to products as desired to meet local conditions. Primal parts are the wholesale cuts of carcasses as customarily distributed to retailers. The round, flank, loin, rib, plate, brisket, chuck, and shank are primal parts of beef carcasses. Veal, mutton, and goat primal parts are the leg, flank, loin, rack, breast, and shoulder. The ham, belly, loin, shoulder, and jowl are pork primal parts.

(3) Beef livers shall be marked with the Oregon inspection legend containing the number of the state-inspected establishment, at which the cattle involved were slaughtered, on the convex surface of the thickest portion of the organ.

(4) Inspected and passed parts of carcasses which are not marked with the Oregon inspection legend under this rule shall not enter any state-inspected establishment or be sold, transported, or offered for sale or transportation, in commerce, except as provided in OAR 603-029-0935.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0945
Marking of Meat Products with Oregon Inspection Legend and Ingredient Statement

(1) Inspected and passed sausages and other products in casings or in link form, of the ordinary “ring” variety or larger shall be marked with the Oregon inspection legend and list of ingredients in accordance with OAR 603-029-1000 to 603-029-1058. The Oregon marks required by this rule shall be branded near each end of the sausage or similar product prepared in casings when the product is of a size larger than that customarily sold at retail intact.

(2) Inspected and passed sausage and other products, in casings or in link form, of the smaller varieties, shall bear one or more Oregon inspection legends and one or more lists of ingredients in accordance with OAR 603-029-1000 to 603-029-1058 on each kilogram (2.205 lbs.) of product, except where such products leave the state-inspected establishment completely enclosed in properly labeled immediate containers having a capacity of 5 kilograms (11.025 lbs.) or less and containing a single kind of product: Provided, That such products in properly labeled closed containers exceeding 5 kilograms (11.025 lbs.) capacity, when shipped to another state-inspected establishment for further processing or to a governmental agency, need only have the Oregon inspection legend and list of ingredients shown twice throughout the contents of the container. When such products are shipped to another state-inspected establishment for further processing, a supervisor at the point of origin shall identify the shipment to a supervisor at destination by means of a Bill of Lading or other record that is maintained in accordance with 603-029-1300.

(3) The list of ingredients may be applied by stamping, printing, using paper bands, tags, or tissue strips, or other means approved by the Department in specific cases.

(4) All cured products shall be marked with the list of ingredients in accordance with OAR 603-029-1000 to 603-029-1058.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0950
Special Markings for Certain Meat Products

(1) Meat products prepared in casing or link form (whether or not thereafter subdivided), other than sausage, which possess the characteristics of or resemble sausage, shall bear on each link or piece the word “imitation” prominently displayed: Provided, That the following need not be so marked if they bear on each link or piece the name of the product in accordance with OAR 603-029-1004: Such products as coppa, capocollo, lachschinken, bacon, pork loins, pork shoulder butts, and similar cuts of meat which are prepared without added substance other than curing materials or condiments; meat rolls, bockwurst, and similar products which do not contain cereal or vegetables; headcheese, souse, sulze, scrapple, blood pudding, and liver pudding; and other products such as loaves, chili con carne, and meat and cheese products when prepared with sufficient cheese to give definite characteristics to the finished products: And provided further, That imitation sausage packed in properly labeled containers having a capacity of 3 pounds or less and of a kind usually sold at retail intact, need not bear the word “imitation” on each link or piece if no other marking or labeling is applied directly to the product.

(2) When cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, isolated soy protein, dried milk, nonfat dry milk, or calcium reduced dried skim milk is added to sausage in casing or in link form within the limits prescribed in OAR 603-029-1200 to 603-029-1299, the products shall be marked with the name of each added ingredient, as for example “cereal added,” “potato flour added,” “cereal and potato flour added,” “soy flour added,” “isolated soy protein added,” “nonfat dry milk added,” “calcium reduced dried skim milk added,” or “cereal and nonfat dry milk added,” as the case may be.

(3)(a) When product is placed in a casing to which artificial coloring is thereafter applied, as permitted in OAR 603-029-1100 to 603-029-1190, the product shall be legibly and conspicuously marked by stamping or printing on the casing the words “artificially colored.”

(b) If a casing is removed from product at a state-inspected establishment and there is evidence of artificial coloring on the surface of the product, the product from which the casing has been removed shall be marked by stamping directly thereon the words “artificially colored.”

(c) The casing containing product need not be marked to show that it is colored if it is colored prior to its use as a covering for the product, and the coloring is of a kind and so applied as not to be transferable to the product and not to be misleading or deceptive in any respect.

(4) When an approved artificial smoke flavoring or an approved smoke flavoring is added to the formula of any meat product as permitted in OAR 603-029-1100 to 603-029-1190, the product shall be legibly and conspicuously marked with the words “Artificial Smoke Flavoring Added” or “Smoke Flavoring Added,” whichever may be applicable.

(5) Subject to the provisions in section (1) of this rule, in the case of sausage of the smaller varieties, the markings prescribed in this rule may be limited to links bearing the Oregon inspection legend, and such markings shall not be required if the sausages are packed in properly labeled containers having a capacity of 3 pounds or less and of a kind usually sold at retail intact. Further, all markings otherwise required by this rule (except those required by section (1) of this rule) may be omitted from the casings of sausage and other meat products when these products are to be processed in sealed metal containers properly labeled in accordance with the requirements in OAR 603-029-1000 to 603-029-1058.

(6) When an approved antioxidant is added to any meat product as permitted in OAR 603-029-1100 to 603-029-1299, the products shall be legibly and conspicuously marked in an approved manner identifying the specific antioxidant used by its common name or approved abbreviation and the purpose for which it is added, such as, “BHA, BHT, and Propylgallate added to help protect flavor.”

(7) Sausage of the dry varieties treated with potassium sorbate or propylparaben (propyl p-hydroxybenzoate) as permitted by OAR 603-029-1100 to 603-029-1190 shall be marked as prescribed in OAR 603-029-1010(2)(bb).

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0955
Marking of Outside Containers

(1) Except as otherwise provided in OAR 603-029-1400 to 603-029-1475, when any inspected and passed product for commerce is moved from a state-inspected establishment, the outside container shall bear an Oregon inspection legend as prescribed in OAR 603-029-0600 to 603-029-0625.

(2) When any product prepared in a state-inspected establishment for commerce has been inspected and passed and is enclosed in a cloth or other wrapping, such wrapping shall bear the Oregon inspection legend and state-inspected establishment number applied by the approved 21⁄2 -inch rubber brand in the form prescribed in OAR 603-029-0600 to 603-029-0625: Provided, That the rubber brand may be omitted if the Oregon inspection legend and state-inspected establishment number on the product itself are clearly legible through the wrapping or the wrapping is labeled in accordance with OAR 603-029-1000 to 603-029-1058: Provided further, That plain unprinted wrappings, such as stockinettes, cheesecloth, paper, and crinkled paper bags, for properly marked products, which are used solely to protect the product against soiling or excessive drying during transportation or storage, need not bear the Oregon inspection legend.

(3) Slack barrels used as outside containers of products shall have a cloth or paper top covering bearing the Oregon inspection legend containing the state-inspected establishment number. At the time of removal of the covering, the Oregon inspection legend shall be destroyed.

(4) The outside containers of any product which has been inspected and passed for cooking, beef which has been inspected and passed for refrigeration shall bear the markings and tag prescribed in OAR 603-029-1420(2).

(5) The outside containers of glands and organs which are not used for human food purposes, such as those described in OAR 603-029-1470, shall be plainly marked with the phrase “For pharmaceutical purposes,” “For organotherapeutic purposes” or “For technical purposes,” as appropriate, with no reference to inspection, and need not bear other markings otherwise required under OAR 603-029-0900 to 603-029-0970.

(6) Stencils, box dies, labels, and brands may be used on shipping containers of properly labeled products and on such immediate containers, of properly marked products, as tierces, barrels, drums, boxes, crates, and large-size fiber-board containers, without approval as provided for in OAR 603-029-1006: Provided, That the stencils, box dies, labels, and brands are not false or misleading and are approved by a supervisor. The Oregon inspection legend for use with such markings shall be approved by the Department as provided for in OAR 603-029-1000 to 603-029-1058.

(7) The outside containers of livers prepared as described in OAR 603-029-0845(2), shall be marked as prescribed in OAR 603-029-0845(3).

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0960
Marking Tank Cars and Tank Trucks Used in Transportation of Edible Products

Each tank car and each tank truck carrying inspected and passed product from a state-inspected establishment shall bear a label containing the name of the product in accordance with OAR 603-029-1004, the Oregon inspection legend containing the number of the state-inspected establishment and the words “date of loading,” followed by a suitable space in which the date the tank car or tank truck is loaded shall be inserted. The label shall be located conspicuously and shall be printed on material of such character and so affixed as to preclude detachment or effacement upon exposure to the weather. Before the car or truck is removed from the place where it is unloaded, the carrier shall remove or obliterate such label.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0965
Marking Outside Containers of Inedible Grease, etc.

(1) Outside containers of inedible grease, inedible tallow, or other inedible animal fat, or mixture of any such articles, resulting from operations at any state-inspected establishment shall be marked conspicuously with the word “inedible” prior to removal from the point of filling. Containers, such as tierces, barrels, and half barrels shall have both ends painted white with durable paint, if necessary, to provide a contrasting background, and the word “inedible” shall be marked thereon in letters not less than 2 inches high, while on tank cars and tank trucks the letters shall be not less than 4 inches high.

(2) Inspected rendered animal fat which is intended not to be used for human food may also be marked “inedible” if handled as provided in section (1) of this rule and OAR 603-029-0800 to 603-029-0850.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026 & ORS 619.036
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-0970
Custom Prepared Products to be Marked

If a state-inspected establishment also conducts custom slaughter or custom processing under OAR chapter 603, division 28, any carcasses and parts therefrom that are prepared on a custom basis shall be labeled in accordance with OAR 603-028-0700.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.230, ORS 619.026, ORS 619.036 & ORS 619.061
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1002
Labels Required; Supervision by Department Employee

(1) When, in a state-inspected establishment, any inspected and passed product is placed in any receptacle or covering constituting an immediate container, there shall be affixed to such container a label as described in OAR 603-029-1004 except that the following do not have to bear such a label:

(a) Wrappings of dressed carcasses and primal parts in an unprocessed state, bearing the Oregon inspection legend, if such wrappings are intended solely to protect the product against soiling or excessive drying during transportation or storage, and the wrappings bear no information except company brand names, trade marks, or code numbers which do not include any information required by OAR 603-029-1004;

(b) Uncolored transparent coverings, such as cellophane, which bear no written, printed, or graphic matter and which enclose any unpackaged or packaged product bearing all markings required by OAR 603-029-0900 to 603-029-0970 which are clearly legible through such coverings;

(c) Animal and transparent artificial casings bearing only the markings required by OAR 603-029-0900 to 603-029-0970;

(d) Stockinettes used as “operative devices”, such as those applied to cured meats in preparation for smoking, whether or not such stockinettes are removed following completion of the operations for which they were applied;

(e) Containers such as boil-in bags, trays of frozen dinners, and pie pans which bear no information except company brand names, trademarks, code numbers, directions for preparation and serving suggestions, and which are enclosed in a consumer size container that bears a label as described in OAR 603-029-1004;

(f) Containers of products passed for cooking or refrigeration and moved from a state-inspected establishment under OAR 603-029-0500.

(2) Folders and similar coverings made of paper or similar materials, whether or not they completely enclose the product and which bear any written, printed, or graphic matter, shall bear all features required on a label for an immediate container.

(3) No covering or other container which bears or is to bear a label shall be filled, in whole or in part, except with product which has been inspected and passed in compliance with these Division 29 rules, which is not adulterated and which is strictly in accordance with the statements on the label. No such container shall be filled, in whole or in part, and no label shall be affixed thereto, except under supervision of a Department employee.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1004
Labels: Definition; Required Features

(1) A label within the meaning of OAR 603-029-1000 to 603-029-1058 shall mean a display of any printing, lithographing, embossing, stickers, seals, or other written, printed, or graphic matter upon the immediate container (not including package liners) of any product.

(2) Any word, statement, or other information required by OAR 603-029-0900 to 603-029-0970 to appear on the label must be prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. In order to meet this requirement, such information must appear on the principal display panel except as otherwise permitted in OAR 603-029-1000 to 603-029-1058. All words, statements, and other information required to appear on the label or labeling shall appear thereon in the English language.

(3) Labels of all products shall show the following information on the principal display panel (except as otherwise permitted in OAR 603-029-0900 to 603-029-0970), in accordance with the requirements of OAR 603-029-0900 to 603-029-0970 or, if applicable, OAR 603-029-1200 to 603-029-1299:

(a) The name of the product, which in the case of a product which purports to be or is represented as a product for which a definition and standard of identity or composition is prescribed in OAR 603-029-1200 to 603-029-1299, shall be the name of the food specified in the standard, and in the case of any other product shall be the common or usual name of the food, if any there be, and if there is none, a truthful descriptive designation, as prescribed in section (5) of this rule;

(b) If the product is fabricated from two or more ingredients, the word “ingredients” followed by a list of the ingredients as prescribed in section (6) of this rule;

(c) The name and place of business of the manufacturer, packer, or distributor for whom the product is prepared, as prescribed in section (7) of this rule;

(d) An accurate statement of the net quantity of contents, as prescribed in section (8) of this rule;

(e) An Oregon inspection legend and, except as otherwise provided in section (9) of this rule, the number of the state-inspected establishment, in the form required by OAR 603-029-0600 to 603-029-0625;

(f) Any other information required by these Division 29 rules.

(4) The principal display panel shall be the part of a label that is most likely to be displayed, presented, shown, or examined under customary conditions of display for sale. Where packages bear alternate principal display panels, information required to be placed on the principal display panel shall be duplicated on each principal display panel. The principal display panel shall be large enough to accommodate all the mandatory label information required to be placed thereon by OAR 603-029-1000 to 603-029-1058 and OAR 603-029-1200 to 603-029-1299 with clarity and conspicuousness and without obscuring of such information by designs or vignettes or crowding. In determining the area of the principal display panel, exclude tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of bottles or jars. The principal display panel shall be:

(a) In the case of a rectangular package, one entire side, the area of which is at least the product of the height times the width of that side.

(b) In the case of a cylindrical or nearly cylindrical container:

(A) An area that is 40 percent of the product of the height of the container times the circumference of the container, or

(B) A panel, the width of which is one-third of the circumference and the height of which is as high as the container: Provided, however, That if there is immediately to the right or left of such principal display panel, a panel which has a width not greater than 20 percent of the circumference and a height as high as the container, and which is reserved for information prescribed in subsections (3) (b), (c), and (e), such panel shall be known as the “20 percent panel” and such information may be shown on that panel in lieu of showing it on the principal display panel.

(c) In the case of a container of any other shape, 40 percent of the total surface of the container.

(5)(a) Any descriptive designation used as a product name for a product which has no common or usual name shall clearly and completely identify the product. Product which has been prepared by salting, smoking, drying, cooking, chopping, or otherwise shall be so described on the label unless the name of the product implies, or the manner of packaging shows that the product was subjected to such preparation. The unqualified terms “meat,” “meat byproduct,” “meat product,” and terms common to the meat industry but not common to consumers such as “picnic,” “butt,” “cala,” “square,” “loaf,” “spread,” “delight,” “roll,” “plate,” “luncheon,” and “daisy” shall not be used as names of a product unless accompanied with terms descriptive of the product or with a list of ingredients, as deemed necessary in any specific case by the Department in order to assure that the label will not be false or misleading.

(b) The product name for a raw meat product that contains added solution and does not meet a standard of identity in OAR 603-029-1200 to 603-029-1299 must contain a descriptive designation that includes:

(A) The percentage of added solution (total weight of the solution ingredients divided by the weight of the raw meat without solution or any other added ingredients multiplied by 100). The percentage of added solution must appear as a number (such as, 15, 20, 30) and the percent symbol (%). The percentage of added solution may be declared by the words “containing” or “contains” (such as, “contains 15% added solution of water and salt,” or “containing 15% added solution of water and teriyaki sauce”).

(B) The common or usual name of all individual ingredients or multi-ingredient components in the solution listed in descending order of predominance by weight.

(C) When the descriptive designation includes all ingredients in the solution, a separate ingredients statement is not required on the label. When the descriptive designation includes multi-ingredient components and the ingredients of the component are not declared in the descriptive designation, all ingredients in the product must be declared in a separate ingredients statement on the label as required in OAR 603-029-1004(3)(b) and (6).

(D) The product name and the descriptive designation must be printed in a single easy-to-read type style and color and must appear on a single-color contrasting background. The print may appear in upper and lower case letters, with the lower case letters not smaller than one-third ( 1⁄3 ) the size of the largest letter.

(E) The word “enhanced” cannot be used in the product name.

(c) Product name and required validated cooking instructions for needle- or blade-tenderized beef products.

(A) Unless the product is destined to be fully cooked or to receive another full lethality treatment at an state-inspected establishment, the product name for a raw or partially cooked beef product that has been mechanically tenderized, whether by needle or by blade, must contain the term “mechanically tenderized,” “needle tenderized,” or “blade tenderized,” as a descriptive designation and an accurate description of the beef component.

(B) The product name must appear in a single easy-to-read type style and color and on a single-color contrasting background. The print may appear in upper and lower case letters, with the lower case letters not smaller than 1⁄3 the size of the largest letter.

(C) The labels on raw or partially cooked needle- or blade-tenderized beef products destined for household consumers, hotels, restaurants, or similar institutions must contain validated cooking instructions, including the cooking method, that inform consumers that these products need to be cooked to a specified minimum internal temperature, whether the product needs to be held for a specified time at that temperature or higher before consumption to ensure that potential pathogens are destroyed throughout the product, and a statement that the internal temperature should be measured by a thermometer. These validated cooking instructions may appear anywhere on the label.

(6)(a) The list of ingredients shall show the common or usual names of the ingredients arranged in the descending order of predominance, except as otherwise provided in this subsection.

(A) The terms spice, natural flavor, natural flavoring, flavor and flavoring may be used in the following manner:

(i) The term “spice” means any aromatic vegetable substance in the whole, broken, or ground form, with the exceptions of onions, garlic and celery, whose primary function in food is seasoning rather than nutritional and from which no portion of any volatile oil or other flavoring principle has been removed. Spices include the spices listed in 21 CFR 182.10, and 184.

(ii) The term “natural flavor,” “natural flavoring,” “flavor” or “flavoring” means the essential oil, oleoresin, essence or extractive, protein hydrolysate, distillate, or any product or roasting, heating or enzymolysis, which contains the flavoring constituents derived from a spice, fruit or fruit juice, vegetable or vegetable juice, edible yeast, herb, bark, bud, root, leaf or any other edible portion of a plant, meat, seafood, poultry, eggs, dairy products, or fermentation products thereof, whose primary function in food is flavoring rather than nutritional. Natural flavors include the natural essence or extractives obtained from plants listed in 21 CFR 182.10, 182.20, 182.40, 182.50 and 184, and the substances listed in 21 CFR 172.510. The term natural flavor, natural flavoring, flavor or flavoring may also be used to designate spices, powered onion, powdered garlic, and powdered celery.

(B) The term “corn syrup” may be used to designate either corn syrup or corn syrup solids.

(C) The term “animal and vegetable fats” or “vegetable and animal fats” may be used to designate the ingredients of mixtures of such edible fats in product designated “compound” or “shortening.” “Animal fats” as used herein means fat derived from inspected and passed cattle, sheep, swine, or goats.

(D) When a product is coated with pork fat, gelatin, or other approved substance and a specific declaration of such coating appears contiguous to the name of the product, the ingredient statement need not make reference to the ingredients of such coating.

(E) When two meat ingredients comprise at least 70 percent of the meat and meat byproduct ingredients of a formula and when neither of the two meat ingredients is less than 30 percent by weight of the total meat and meat byproducts used, such meat ingredients may be interchanged in the formula without a change being made in the ingredients statement on labeling materials: Provided, That the word “and” in lieu of a comma shall be shown between the declaration of such meat ingredients in the statement of ingredients.

(F)(i) Product ingredients which are present in individual amounts of 2 percent or less by weight may be listed in the ingredients statement in other than descending order of predominance: Provided, That such ingredients are listed by their common or usual names at the end of the ingredients statement and preceded by a quantifying statement, such as “Contains _____ percent of _____ ,” “Less than _____percent of _____ .” The percentage of the ingredient(s) shall be filled in with a threshold level of 2 percent, 1.5 percent, 1.0 percent, or 0.5 percent, as appropriate. No ingredient to which the quantifying statement applies may be present in an amount greater than the stated threshold. Such a quantifying statement may also be utilized when an ingredients statement contains a listing of ingredients by individual components. Each component listing may utilize the required quantifying statement at the end of each component ingredients listing.

(ii) Such ingredients may be adjusted in the product formulation without a change being made in the ingredients statement on the labeling, provided that the adjusted amount complies with OAR 603-029-1200 to 603-029-1299 and with OAR 603-029-2405, and does not exceed the amount shown in the quantifying statement. Any such adjustments to the formulation shall be provided to the Supervisor.

(b) On containers of frozen dinners, entrees, pizzas, and similar consumer packaged products in cartons the ingredient statement may be placed on the front riser panel: Provided, That the words “see ingredients” followed immediately by an arrow is placed on the principal display panel immediately above the location of such statement without intervening print or designs.

(c) The ingredient statement may be placed on the 20 percent panel adjacent to the principal display panel and reserved for required information, in the case of a cylindrical or nearly cylindrical container.

(d) The ingredients statement may be placed on the information panel, except as otherwise permitted in this Division 29.

(7)(a) The name or trade name of the person that prepared the product may appear as the name of the manufacturer or packer without qualification on the label. Otherwise the name of the distributor of the product shall be shown with a phrase such as “Prepared for * * *”. The place of business of the manufacturer, packer, or distributor shall be shown on the label by city, State, and postal ZIP code when such business is listed in a telephone or city directory, and if not listed in such directory, then the place of business shall be shown by street address, city, State, and postal ZIP code.

(b) The name and place of business of the manufacturer, packer, or distributor may be shown:

(A) On the principal display panel, or

(B) On the 20 percent panel adjacent to the principal display panel and reserved for required information, in the case of a cylindrical or nearly cylindrical container, or

(C) On the front riser panel of frozen food cartons, or

(D) On the information panel.

(8)(a) The statement of net quantity of contents shall appear on the principal display panel of all containers to be sold at retail intact, in conspicuous and easily legible boldface print or type in distinct contrast to other matter on the container, and shall be declared in accordance with the provisions of this subsection.

(b) The statement as it is shown on a label shall not be false or misleading and shall express an accurate statement of the quantity of contents of the container. Reasonable variations caused by loss or gain of moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practices will be recognized. The statement shall not include any term qualifying a unit of weight, measure, or count such as “jumbo quart,” “full gallon,” “giant quart,” “when packed,” “minimum,” or words of similar importance.

(c) The statement shall be placed on the principal display panel within the bottom 30 percent of the area of the panel in lines generally parallel to the base: Provided, That on packages having a principal display panel of 5 square inches or less, the requirement for placement within the bottom 30 percent of the area of the label panel shall not apply when the statement meets the other requirements of this section (8). In any case, the statement may appear in more than one line. The terms “net weight” or “net wt.” shall be used when stating the net quantity of contents in terms of weight, and the term “net contents” or “content” when stating the net quantity of contents in terms of fluid measure.

(d) The statement shall be expressed in terms of avoirdupois weight or liquid measure. Where no general consumer usage to the contrary exists, the statement shall be in terms of liquid measure, if the product is liquid, or in terms of weight if the product is solid, semisolid viscous or a mixture of solid and liquid. For example, a declaration of 3⁄4 -pound avoirdupois weight shall be expressed as “Net Wt. 12 oz.” except as provided for in section (8)(e) of this rule for random weight packages; a declaration of 11⁄2 pounds avoirdupois weight shall be expressed as “Net Wt. 24 oz. (1 lb. 8 oz.),” “Net Wt. 24 oz. (11⁄2 lb.),” or “Net Wt. 24 oz. (1.5 lbs.).”

(e) On packages containing 1 pound or 1 pint and less than 4 pounds or 1 gallon, the statement shall be expressed as a dual declaration both in ounces and (immediately thereafter in parentheses) in pounds, with any remainder in terms of ounces or common or decimal fraction of the pound, or in the case of liquid measure, in the largest whole units with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart, except that on random weight packages the statement shall be expressed in terms of pounds and decimal fractions of the pound, for packages over 1 pound, and for packages which do not exceed 1 pound the statement may be in decimal fractions of the pound in lieu of ounces. Subsection (8)(i) of this rule permits certain exceptions from the provisions of this section for margarine packages, random weight consumer size packages, and packages of less than 1⁄2 ounce net weight. Subsection (8)(l) of this rule permits certain exceptions from the provision of this section for multi-unit packages.

(f) The statement shall be in letters and numerals in type size established in relationship to the area of the principal display panel of the package and shall be uniform of all packages of substantially the same size by complying with the following type specifications:

(A) Not less than one-sixteenth inch in height on packages, the principal display panel of which has an area of 5 square inches or less;

(B) Not less than one-eighth inch in height on packages, the principal display panel of which has an area of more than 5 but not more than 25 square inches;

(C) Not less than three-sixteenths inch in height on packages, the principal display panel of which has an area of more than 25 but not more than 100 square inches;

(D) Not less than one-quarter inch in height on packages, the principal display panel of which has an area of more than 100 but not more than 400 square inches.

(E) Not less than one-half inch in height on packages, the principal display panel of which has an area of more than 400 square inches.

(g) The ratio of height to width of letters and numerals shall not exceed a differential of 3 units to 1 unit (no more than 3 times as high as it is wide). Heights pertain to upper case or capital letters. When upper and lower case or all lower case letters are used, it is the lower case letter “o” or its equivalent that shall meet the minimum standards. When fractions are used, each component numeral shall meet one-half the height standards.

(h) The statement shall appear as a distinct item on the principal display panel and shall be separated by a space at least equal to the height of the lettering used in the statement from other printed label information appearing above or below the statement and by a space at least equal to twice the width of the letter “N” of the style of type used in the quantity of contents statement from other printed label information appearing to the left or right of the statement. It shall not include any term qualifying a unit of weight, measure, or count such as, “jumbo quart,” “full gallon,” “giant quart,” “when packed,” “Minimum” or words of similar import.

(i) The following exemptions from the requirements contained in this section (8) are hereby established:

(A) Individually wrapped, random weight consumer size packages shipped in bulk containers (as specified in subsection (8)(k) of this rule) and meat products that are subject to shrinkage through moisture loss during good distribution practices need not bear a net weight statement when shipped from a state-inspected establishment, provided that a net weight shipping statement which meets the requirements of subsection (8)(b) of this rule is applied to their shipping container prior to shipping it from the state-inspected establishment. Net weight statements so applied to the shipping container are exempt from the type size, dual declaration, and placement requirements of this section, if an accurate statement of net weight is shown conspicuously on the principal display panel of the shipping container. The net weight also shall be applied directly to random weight consumer size packages prior to retail display and sale. The net weight statement on random weight consumer size packages for retail sale shall be exempt from the type size, dual declaration, and placement requirements of this section, if an accurate statement of net weight is shown conspicuously on the principal display panel of the package.

(B) Individually wrapped and labeled packages of less than 1⁄2 ounce net weight and random weight consumer size packages shall be exempt from the requirements of this section if they are in a shipping container and the statement of net quantity of contents on the shipping container meets the requirements of subsection (8)(b) of this rule;

(C) Individually wrapped and labeled packages of less than 1⁄2 ounce net weight bearing labels declaring net weight, price per pound, and total price, shall be exempt from the type size, dual declaration, and placement requirements of this section, if an accurate statement of net weight is shown conspicuously on the principal display panel of the package.

(D) Margarine in 1 pound rectangular packages (except packages containing whipped or soft margarine or packages that contain more than four sticks) is exempt from the requirements of subsections (8)(c) and (e) of this rule regarding the placement of the statement of the net quantity of contents within the bottom 30 percent of the principal display panel and that the statement be expressed both in ounces and in pounds, if the statement appears as “1 pound” or “one pound” in a conspicuous manner on the principal display panel.

(E) Sliced shingle packed bacon in rectangular packages is exempt from the requirements of subsections (8)(c) and (8)(e) of this rule regarding the placement of the statement of the net quantity of contents within the bottom 30 percent of the principal display panel, and that the statement be expressed both in ounces and in pounds, if the statement appears in a conspicuous manner on the principal display panel.

(j) Labels for containers which bear any representation as to the number of servings contained therein shall bear, contiguous to such representation, and in the same size type as is used for such representation, a statement of the net quantity of each such serving.

(k) As used in this rule, a “random weight consumer size package” is one which is one of a lot, shipment or delivery of packages of the same product with varying weights and with no fixed weight pattern.

(l) On a multiunit retail package, a statement of the net quantity of contents shall appear on the outside of the package and shall include the number of individual units, the quantity of each individual unit, and in parentheses, the total net quantity of contents of the multiunit package in terms of avoirdupois or fluid ounces, except that such declaration of total quantity need not be followed by an additional parenthetical declaration in terms of the largest whole units and subdivisions thereof, as required by subsection (8)(e) of this rule. For the purposes of this rule, “multiunit retail package” means a package containing two or more individually packaged units of the identical commodity and in the same quantity, with the individual packages intended to be sold as part of the multiunit retail package but capable of being individually sold in full compliance with all requirements of these Division 29 rules. Open multiunit retail packages that do not obscure the number of units and the labeling thereon are not subject to this section if the labeling of each individual unit complies with the requirements of subsections (8) (b), (c), (f), and (h) of this rule.

(9) The State-inspected establishment number of the state-inspected establishment in which the product was processed under inspection shall be placed as follows:

(a) Within the Oregon inspection legend in the form required by OAR 603-029-0600 to 603-029-0625; or

(b) Outside the Oregon inspection legend elsewhere on the exterior of the container or its labeling, e.g., the lid of a can, if shown in a prominent and legible manner in a size sufficient to insure easy visibility and recognition and accompanied by the prefix “EST”; or

(c) Off the exterior of the container, e.g., on a metal clip used to close casings or bags, or on the back of a paper label of a canned product, or on other packaging or labeling material in the container, e.g., on aluminum pans and trays placed within containers, when a statement of its location is printed contiguous to the Oregon inspection legend, such as “EST. No. on Metal Clip” or “Est. No. on Pan”, if shown in a prominent and legible manner in a size sufficient to insure easy visibility and recognition; or

(d) On an insert label placed under a transparent covering if clearly visible and legible and accompanied by the prefix “EST”.

(10) Labels of any product within any of the following subsections shall show the information required by such subsection for such product:

(a) A label for product which is an imitation of another food shall bear the word “imitation” immediately preceding the name of the food imitated and in the same size and style of lettering as in that name and immediately thereafter the word “ingredients:” and the names of the ingredients arranged in the order of their predominance.

(b) If a product purports to be or is represented for any special dietary use by humans, its label shall bear a statement concerning its vitamin, mineral, and other dietary properties upon which the claim for such use is based in whole or in part and shall be in conformity with regulations (21 CFR part 125) established pursuant to sections 403, and 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343, 371).

(c) When an artificial smoke flavoring or a smoke flavoring is added as an ingredient in the formula of a meat product, as permitted in OAR 603-029-1100 to 603-029-1190, there shall appear on the label, in prominent letters and contiguous to the name of the product, a statement such as “Artificial Smoke Flavoring Added” or “Smoke Flavoring Added,” as may be applicable, and the ingredient statement shall identify any artificial smoke flavoring or smoke flavoring so added as an ingredient in the formula of the meat product.

(d) When any other artificial flavoring is permitted under OAR 603-029-1100 to 603-029-1190 to be added to a product, the ingredient statement shall identify it as “Artificial Flavoring.”

(e) When artificial coloring is added to edible fats as permitted under OAR 603-029-1100 to 603-029-1190 such substance shall be declared on the label in a prominent manner and contiguous to the name of the product by the words “Artificially colored” or “Artificial coloring added” or “With added artificial coloring.” When natural coloring such as annatto is added to edible fats as permitted under OAR 603-029-1100 to 603-029-1190, such substance shall be declared on the label in the same manner by a phrase such as “Colored with annatto.”

(f) When product is placed in a casing to which artificial coloring is applied as permitted under OAR 603-029-1100 to 603-029-1190, there shall appear on the label, in a prominent manner and contiguous to the name of the product, the words, “Artificially colored.”

(g) If a casing is removed from product at an state-inspected establishment and there is evidence of artificial coloring on the surface of the product, there shall appear on the label, in a prominent manner and contiguous to the name of product, the words “Artificially colored.”

(h) When a casing is colored prior to its use as a covering for product and the color is not transferred to the product enclosed in the casing, no reference to color need appear on the label but no such casing may be used if it is misleading or deceptive with respect to color, quality, or kind of product, or otherwise.

(i) Product which bears or contains any other artificial coloring, as permitted under OAR 603-029-1100 to 603-029-1190, shall bear a label stating that fact on the immediate container or if there is none, on the product.

(j) When an antioxidant is added to product as permitted under OAR 603-029-1100 to 603-029-1190, there shall appear on the label in prominent letters and contiguous to the name of the product, a statement identifying the officially approved specific antioxidant by its common name or abbreviation thereof and the purpose for which it is added, such as, “BHA, BHT, and Propylgallate added to help protect flavor.”

(k) Containers of meat packed in borax or other preservative for export to a foreign country which permits the use of such preservative shall, at the time of packing, be marked “for export,” followed on the next line by the words “packed in preservative,” or such equivalent statement as may be approved for this purpose by the Administrator and directly beneath this there shall appear the word “establishment” or abbreviation thereof, followed by the number of the establishment at which the product is packed. The complete statement shall be applied in a conspicuous location and in letters not less than 1 inch in height.

(l) Containers of other product packed in, bearing, or containing any chemical preservative shall bear a label stating that fact.

(m)(A) On the label of any “Mechanically Separated (Species)” described in OAR 603-029-1204(1), the name of such product shall be followed immediately by the phrase “for processing” unless such product has a protein content of not less than 14 percent and a fat content of not more than 30 percent.

(B) When any “Mechanically Separated (Species)” described in OAR 603-029-1204 is used as an ingredient in the preparation of a meat product and such “Mechanically Separated (Species)” contributes 20 mg or more of calcium to a serving of such meat product, the label of such meat product shall state the calcium content of such meat product, determined and expressed as the percentage of the U.S. Recommended Daily Allowance (U.S. RDA) in a serving in accordance with 21 CFR 101.9(b)(1), (c)(7) (i) and (iv), and (e), as part of any nutrition information included on such label, or if such meat product does not bear nutrition labeling information, as part of a prominent statement in immediate conjunction with the list of ingredients, as follows: “A ___ serving contains __% of the U.S. RDA of calcium”, with the blanks to be filled in, respectively, with the quantity of such product that constitutes a serving and the amount of calcium provided by such serving: Provided, That, calcium content need not be stated where (a) the percent of the U.S. RDA of calcium to be declared would not differ from the percent of the U.S. RDA that would be declared if the meat product contained only hand deboned ingredients or (b) the calcium content of a serving of the meat product would be 20 percent of the U.S. RDA or more if the meat product contained only hand deboned ingredients.

(11) Packaged products which require special handling to maintain their wholesome condition shall have prominently displayed on the principal display panel of the label the statement: “Keep Refrigerated,” “Keep Frozen,” “Perishable Keep Under Refrigeration,” or such similar statement as the Administrator may approve in specific cases. Products that are distributed frozen during distribution and thawed prior to or during display for sale at retail shall bear the statement on the shipping container: “Keep Frozen.” The consumer-size containers for such products shall bear the statement “Previously Handled Frozen for Your Protection, Refreeze or Keep Refrigerated.” For all perishable canned products the statement shall be shown in upper case letters one-fourth inch in height for containers having a net weight of 3 pounds or less, and for containers having a net weight over 3 pounds, the statement shall be in upper case letters at least one-half inch in height.

(12) Safe handling instructions shall be provided for: All meat and meat products of cattle, swine, sheep, or goat that do not meet the requirements contained in OAR 603-029-1160, or that have not undergone other processing that would render them ready-to-eat; and all comminuted meat patties not heat processed in a manner that conforms to the time and temperature combinations in the Table for Permitted Heat-Processing Temperature/Time Combinations For Fully-Cooked Patties in OAR 603-029-1185, except as exempted under subsection (12)(d) of this rule.

(a)(A) Safe handling instructions shall accompany every meat or meat product, specified in this section (12) destined for household consumers, hotels, restaurants, or similar institutions and shall appear on the label. The information shall be in lettering no smaller than one-sixteenth of an inch in size and shall be prominently placed with such conspicuousness (as compared with other words, statements, designs or devices in the labeling) as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(B) The safe handling information shall be presented on the label under the heading “Safe Handling Instructions” which shall be set in type size larger than the print size of the rationale statement and handling statements as discussed in subsections (12)(b) and (c) of this rule. The safe handling information shall be set off by a border and shall be one color type printed on a single color contrasting background whenever practical.

(b) The labels of the meat and meat products specified in this section (12) shall include the following rationale statement as part of the safe handling instructions, “This product was prepared from inspected and passed meat and/or poultry. Some food products may contain bacteria that could cause illness if the product is mishandled or cooked improperly. For your protection, follow these safe handling instructions.” This statement shall be placed immediately after the heading and before the safe handling statements.

(c) Meat and meat products, specified in this section (12), shall bear the labeling statements:

(A) Keep refrigerated or frozen. Thaw in refrigerator or microwave. (Any portion of this statement that is in conflict with the product's specific handling instructions, may be omitted, e.g., instructions to cook without thawing.) (A graphic illustration of a refrigerator shall be displayed next to the statement.);

(B) Keep raw meat and poultry separate from other foods. Wash working surfaces (including cutting boards), utensils, and hands after touching raw meat or poultry. (A graphic illustration of soapy hands under a faucet shall be displayed next to the statement.);

(C) Cook thoroughly. (A graphic illustration of a skillet shall be displayed next to the statement.); and

(D) Keep hot foods hot. Refrigerate leftovers immediately or discard. (A graphic illustration of a thermometer shall be displayed next to the statement.)

(d) Meat or meat products intended for further processing at another state-inspected establishment are exempt from the requirements prescribed in subsections (12)(a) through (12)(c) of this rule.

(13)(a) The information panel is that part of a label that is the first surface to the right of the principal display panel as observed by an individual facing the principal display panel, with the following exceptions:

(A) If the first surface to the right of the principal display panel is too small to accommodate the required information or is otherwise unusable label space, e.g., folded flaps, tear strips, opening flaps, heat-sealed flaps, the next panel to the right of this part of the label may be used.

(B) If the package has one or more alternate principal display panels, the information panel is to the right of any principal display panel.

(C) If the top of the container is the principal display panel and the package has no alternate principal display panel, the information panel is any panel adjacent to the principal display panel.

(b)(A) Except as otherwise permitted in OAR 603-029-1000 to 603-029-1058, all information required to appear on the principal display panel or permitted to appear on the information panel shall appear on the same panel unless there is insufficient space. In determining the sufficiency of the available space, except as otherwise prescribed in this part, any vignettes, designs, and any other nonmandatory information shall not be considered. If there is insufficient space for all required information to appear on a single panel, it may be divided between the principal display panel and the information panel, provided that the information required by any given provision of this part, such as the ingredients statement, is not divided and appears on the same panel.

(B) All information appearing on the information panel pursuant to this rule shall appear in one place without intervening material, such as designs or vignettes.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 616.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042, ORS 616.046 & ORS 561.230
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1006
Approval of Abbreviations of Marks of Inspection; Preparation of Marking Devices Bearing Inspection Legend Without Advance Approval Prohibited; Exception

(1) The Department may approve and authorize the use of abbreviations of marks of inspection under these Division 29 rules. Such abbreviations shall have the same force and effect as the respective marks for which they are authorized abbreviations.

(2) Except for the purposes of preparing and submitting a sample or samples of the same to the Department for approval, no brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any marking device containing any Oregon mark or simulation thereof, or any label bearing any such mark or simulation, without the written authority therefor of the Department. However, when any such sample label, or other marking device, is approved by the Department, additional supplies of the approved label, or marking device, may be made for use in accordance with these Division 29 rules, without further approval by the Department. The provisions of this section apply only to labels, or other marking devices, bearing or containing an Oregon inspection legend shown in OAR 603-029-0610(2) or any abbreviations, copy or representation thereof.

(3) No brand manufacturer or other person shall cast or otherwise make, without an Oregon certificate issued in quadruplicate by a Department employee, a brand or other marking device containing an Oregon inspection legend, or simulation thereof, shown in OAR 603-029-0610(1).

(a) The certificate is a department form for signature by a Department employee and the state-inspected establishment ordering the brand or other marking device, bearing a certificate serial number and a letterhead and the seal of the Oregon Department of Agriculture. The certificate authorizes the making of only the brands or other marking devices of the type and quantity listed on the certificate.

(b) After signing the certificate, the Department employee and the state-inspected establishment shall each keep a copy, and the remaining two copies shall be given to the brand or other marking device manufacturer.

(c) The manufacturer of the brands or other marking devices shall engrave or otherwise mark each brand or other marking device with a permanent identifying serial number unique to it. The manufacturer shall list on each of the two copies of the certificate given to the manufacturer the number of each brand or other marking device authorized by the certificate. The manufacturer shall retain one copy of the certificate for the manufacturer’s records and return the remaining copy with the brands or other marking devices to the Department employee whose name and address are given on the certificate as the recipient.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042, ORS 619.046 & ORS 561.230
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1008
Approved Labels to be Used Only on Products to Which they are Applicable

Labels shall be used only on products for which they are approved, and only if they have been approved for such products in accordance with OAR 603-029-1006.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1010
False or Misleading Labeling or Practices Generally; Specific Prohibitions and Requirements for Labels and Containers

(1) No product or any of its wrappers, packaging, or other containers shall bear any false or misleading marking, label, or other labeling and no statement, word, picture, design, or device which conveys any false impression or gives any false indication of origin or quality or is otherwise false or misleading shall appear in any marking or other labeling. No product shall be wholly or partly enclosed in any wrapper, packaging, or other container that is so made, formed, or filled as to be misleading.

(2) The labels and containers of product shall comply with the following provisions, as applicable:

(a) Terms having geographical significance with reference to a locality other than that in which the product is prepared may appear on the label only when qualified by the word “style,” “type,” or “brand,” as the case may be, in the same size and style of lettering as in the geographical term, and accompanied with a prominent qualifying statement identifying the country, State, Territory, or locality in which the product is prepared, using terms appropriate to effect the qualification. When the word “style” or “type” is used, there must be a recognized style or type of product identified with and peculiar to the area represented by the geographical term and the product must possess the characteristics of such style or type, and the word “brand” shall not be used in such a way as to be false or misleading: Provided, That a geographical term which has come into general usage as a trade name and which has been approved by the Department as being a generic term may be used without the qualifications provided for in this section. The terms “frankfurter,” “vienna,” “bologna,” “lebanon bologna,” “braunschweiger,” “thuringer,” “genoa,” “leona,” “berliner,” “holstein,” “goteborg,” “milan,” “polish,” “italian,” and their modifications, as applied to sausages, the terms “brunswick” and “irish” as applied to stews and the term “boston” as applied to pork shoulder butts need not be accompanied with the word “style,” “type,” or “brand,” or a statement identifying the locality in which the product is prepared.

(b) Such terms as “farm” or “country” shall not be used on labels in connection with products unless such products are actually prepared on the farm or in the country: Provided, That if the product is prepared in the same way as on the farm or in the country these terms, if qualified by the word “style” in the same size and style of lettering, may be used: Provided further, That the term “farm” may be used as part of a brand designation when qualified by the word “brand” in the same size and style of lettering, and followed with a statement identifying the locality in which the product is prepared: And Provided further, That the provisions of this section shall not apply to products prepared in accordance with OAR 603-029-1230. Sausage containing cereal shall not be labeled “farm style” or “country style,” and lard not rendered in an open kettle shall not be designated as “farm style” or “country style.”

(c) The requirement that the label shall contain the name and place of business of the manufacturer, packer, or distributor shall not relieve any establishment from the requirement that its label shall not be misleading in any particular.

(d) The term “spring lamb” or “genuine spring lamb” is applicable only to carcasses of new-crop lambs slaughtered during the period beginning in March and terminating not beyond the close of the week containing the first Monday in October.

(e)(A) Coverings shall not be of such color, design, or kind as to be misleading with respect to color, quality, or kind of product to which they are applied. For example, transparent or semitransparent coverings for such articles as sliced bacon or fresh (uncooked) meat and meat products shall not bear lines or other designs of red or other color which give a false impression of leanness of the product. Transparent or semitransparent wrappers, casings, or coverings for use in packaging cured, cured and smoked, or cured and cooked sausage products, and sliced ready-to-eat meat products may be color tinted or bear red designs on 50 percent of such wrapper or covering: Provided, That the transparent or semitransparent portion of the principal display panel is free of color tinting and red designs: And provided further, That the principal display panel provides at least 20 percent unobstructed clear space, consolidated in one area so that the true nature and color of the product is visible to the consumer.

(B) Packages for sliced bacon that have a transparent opening shall be designed to expose, for viewing, the cut surface of a representative slice. Packages for sliced bacon which meet the following specifications will be accepted as meeting the requirements of this subsection provided the enclosed bacon is positioned so that the cut surface of the representative slice can be visually examined:

(i) For shingle-packed sliced bacon, the transparent window shall be designed to reveal at least 70 percent of the length (longest dimension) of the representative slice, and this window shall be at least 11⁄2 inches wide. The transparent window shall be located not more than five-eighths inch from the top or bottom edge of a 1-pound or smaller package and not more than three-fourths inch from either the top or bottom edge of a package larger than 1 pound.

(ii) For stack-packed sliced bacon, the transparent window shall be designed to reveal at least 70 percent of the length (longest dimension) of the representative slice and be at least 11⁄2 inches wide.

(f) The word “fresh” shall not be used on labels to designate product which contains any sodium nitrate, sodium nitrite, potassium nitrate, or potassium nitrite, or which has been salted for preservation.

(g)(A) No ingredient shall be designated on the label as a spice, flavoring, or coloring unless it is a spice, flavoring, or coloring, as the case may be. An ingredient that is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as “spice and coloring”, or “flavoring and coloring”, as the case may be, unless such ingredient is designated by its common or usual name.

(B) Any ingredient not designated in 603-029-1004(6)(a)(A) of this part whose function is flavoring, either in whole or in part, must be designated by its common or usual name. Those ingredients which are of livestock and poultry origin must be designated by names that include the species and livestock and poultry tissues from which the ingredients are derived.

(h) As used on labels of product, the term “gelatin” shall mean (i) the jelly prepared in state-inspected establishments by cooking pork skins, tendons, or connective tissue from inspected and passed product, and (ii) dry commercial gelatin or the jelly resulting from its use.

(i) Product (other than canned product) labeled with the term “loaf” as part of its name:

(A) If distributed from the state-inspected establishment in consumer size containers may be in any shape;

(B) If distributed in a container of a size larger than that sold intact at retail the product shall be prepared in rectangular form, or as in paragraph (2)(i)(C) of this rule;

(C) If labeled as an “Old Fashioned Loaf” shall be prepared in a traditional form, such as rectangular with rounded top or circular with flat bottom and rounded top.

(j) The term “baked” shall apply only to product which has been cooked by the direct action of dry heat and for a sufficient time to permit the product to assume the characteristics of a baked article, such as the formation of a brown crust on the surface, rendering out of surface fat, and the caramelization of the sugar if applied. Baked loaves shall be heated to a temperature of at least 160 °F. and baked pork cuts shall be heated to an internal temperature of at least 170 °F.

(k) When products such as loaves are browned by dipping in hot edible oil or by a flame, the label shall state such fact, e.g., by the words “Browned in Hot Cottonseed Oil” or “Browned by a Flame,” as the case may be, appearing as part of the product name.

(l) The term “meat” and the names of particular kinds of meat, such as beef, veal, mutton, lamb, and pork, shall not be used in such manner as to be false or misleading.

(m) The word “ham,” without any prefix indicating the species of animal from which derived, shall be used in labeling only in connection with the hind legs of swine. Ham shanks as such or ham shank meat as such or the trimmings accruing in the trimming and shaping of hams shall not be labeled “ham” or “ham meat” without qualification. When used in connection with a chopped product the term “ham” or “ham meat” shall not include the skin.

(n) The terms “shankless” and “hockless” shall apply only to hams and pork shoulders from which the shank or hock has been completely removed, thus eliminating the entire tibia and fibula, or radius and ulna, respectively, together with the overlying muscle, skin, and other tissue.

(o) Such terms as “meat extract” or “extract of beef” without qualification shall not be used on labels in connection with products prepared from organs or other parts of the carcass, other than fresh meat. Extracts prepared from any parts of the carcass other than fresh meat may be properly labeled as extracts with the true name of the parts from which prepared. In the case of extract in fluid form, the word “fluid” shall also appear on the label, as, for example, “fluid extract of beef.”

(p) When any product is enclosed in a container along with a packing substance such as brine, vinegar, or agar jelly, a declaration of the packing substance shall be printed prominently on the label as part of the name of the product, as for example, “frankfurts packed in brine,” “lamb tongue packed in vinegar,” or “beef tongue packed in agar jelly,” as the case may be. The packing substance shall not be used in such a manner as will result in the container being so filled as to be misleading.

(q) “Leaf lard” is lard prepared from fresh leaf fat.

(r) When lard or hardened lard is mixed with rendered pork fat or hardened rendered pork fat, the mixture shall be designated as “rendered pork fat” or “hardened rendered pork fat,” as the case may be.

(s) Oil, stearin, or stock obtained from beef or mutton fats rendered at a temperature above 170 °F. shall not be designated as “oleo oil,” “oleo stearin,” or “oleo stock,” respectively.

(t) When not more than 20 percent of beef fat, mutton fat, oleo stearin, vegetable stearin, or hardened vegetable fat is mixed with lard or with rendered pork fat, there shall appear on the label, contiguous to and in the same size and style of lettering as the name of the product, the words “beef fat added,” “mutton fat added,” “oleo stearin added,” “vegetable stearin added,” or “hardened vegetable fat added,” as the case may be. If more than 20 percent is added, the product name shall refer to the particular animal fat or fats used, such as, “Lard and Beef Fat.” The designation “vegetable fat” is applicable to vegetable oil, vegetable stearin, or a combination of such oil and stearin, whereas the designations “vegetable oil” and “vegetable stearin” shall be applicable only to the oil and the stearin respectively, when used in meat products.

(u) Cooked, cured, or pickled pigs feet, pigs knuckles, and similar products, shall be labeled to show that the bones remain in the product, if such is the case. The designation “semi-boneless” shall not be used if less than 50 percent of the total weight of bones has been removed.

(v) When monoglycerides, diglycerides, and/or polyglycerol esters of fatty acids are added to rendered animal fat or a combination of such fat and vegetable fat, there shall appear on the label in a prominent manner and contiguous to the name of the product a statement such as “With Monoglycerides and Diglycerides Added,” or “With Diglycerides and Monoglycerides,” or “With Polyglycerol Esters of Fatty Acids” as the case may be.

(w) Section 407 of the Federal Food, Drug, and Cosmetic Act contains provisions with respect to colored margarine or colored oleomargarine (21 U.S.C. 347) which are set forth herein as footnote.1

(x) When approved proteolytic enzymes as permitted in OAR 603-029-1100 to 603-029-1190 are used on steaks or other raw meat cuts, there shall appear on the label, in a prominent manner, contiguous to the product name, the statement, “Tenderized with [approved enzyme],” to indicate the use of such enzymes. Any other approved substance which may be used in the solution shall also be included in the statement.

When approved inorganic chlorides as permitted in OAR 603-029-1100 to 603-029-1190 are used on steaks or other raw meat cuts there shall appear on the label in a prominent manner, contiguous to the product name, the statement, “Tenderized with (names of approved inorganic chloride(s))” to indicate the use of such inorganic chlorides. Any other approved substance which may be in the solution shall also be included in the statement.

(y) When dimethylpolysiloxan is added as an antifoaming agent to rendered fats, its presence shall be declared on the label contiguous to the name of the product. Such declaration shall read “Dimethylpolysiloxan Added.”

(z) When pizzas are formulated with crust containing calcium propionate or sodium propionate, there shall appear on the label contiguous to the name of the product the statement “____ added to retard spoilage of crust” preceded by the name of the preservative.

(aa) Sausage of the dry varieties treated with potassium sorbate or propylparaben (propyl p-hydroxybenzoate) as permitted by OAR 603-029-1100 to 603-029-1190, shall be marked or labeled with a statement disclosing such treatment and the purpose thereof, such as “dipped in a potassium sorbate solution to retard mold growth.”

(bb) Meat of goats shall be identified as goat meat or chevon.

(cc) The term “Chitterlings” shall apply to the large intestines of swine, or young bovine animals when preceded with the word “Calf” or “Veal.” Meat products that contain chitterlings or calf or veal chitterlings, in accordance with OAR 603-029-1125(2)(h) shall be identified with product names that refer to such ingredients, as for instance, “Chitterling Loaf,” “Chitterling Pie,” or “Calf Chitterlings and Gravy,” and shall be packed in containers having a capacity of 3 pounds or less and of a kind usually sold at retail intact and bearing such other information as is required by this part.

(dd) Products that contain blood from livestock as permitted by OAR 603-029-1100 to 603-029-1190 shall be labeled with a name that includes the term “blood,” and the specific kind of blood shall be declared in the ingredient statement, e.g., “Swine blood,” in the manner required by this part.

(ee) A calendar date may be shown on labeling when declared in accordance with the provisions of this subparagraph:

(A) The calendar date shall express the month of the year and the day of the month for all products and also the year in the case of products hermetically sealed in metal or glass containers, dried or frozen products, or any other products that the Department finds should be labeled with the year because the distribution and marketing practices with respect to such products may cause a label without a year identification to be misleading.

(B) Immediately adjacent to the calendar date there must be a phrase explaining the meaning of the date, in terms of “packing” date, “sell by” date, or “use before” date, with or without a further qualifying phrase, e.g., “For Maximum Freshness” or “For Best Quality.”

(ff) The terms “All,” “Pure,” “100%,” and terms of similar connotation shall not be used on labels for products to identify ingredient content, unless the product is prepared solely from a single ingredient.

(gg) When agar-agar is used in canned jellied meat products, as permitted in OAR 603-029-1100 to 603-029-1190, there shall appear on the label in a prominent manner, contiguous to the product name, a statement to indicate the use of agar-agar.

(hh) When sodium alginate, calcium carbonate, and lactic acid and calcium carbonate (or glucono delta-lactone) are used together in a dry binding matrix in restructured, formed meat products, as permitted in OAR 603-029-1100 to 603-029-1190, there shall appear on the label contiguous to the product name, a statement to indicate the use of sodium alginate, calcium carbonate and lactic acid and calcium carbonate (or glucono delta-lactone).

(ii) The labels of sausages encased in natural casings made from meat or poultry viscera shall identify the type of meat or poultry from which the casings were derived, if the casings are from a different type of meat or poultry than the encased meat or poultry. The identity of the casing, if required, may be placed on the principal display panel or in the ingredient statement. Establishments producing, manufacturing, or using natural sausage casings are to maintain records documenting the meat or poultry source in accordance with OAR 603-029-1300 to 603-029-1330.

(jj) The labels of sausages encased in regenerated collagen casings shall disclose this fact on the product label. The fact that the sausage is encased in collagen may be placed on the principal display panel or in the ingredient statement.

(kk) When transglutaminase enzyme is used to bind pieces of meat to form a cut of meat, or to reform a piece of meat from a multiple cuts, there shall appear on the label, as part of the product name, a statement that indicates that the product has been “formed” or “reformed,” in addition to other preparation steps, e.g., “Formed Beef Tenderloin” or “Reformed and Shaped Beef Tenderloin.”

(ll) A country of origin statement on the label of any meat “covered commodity” as defined in 7 CFR Part 65, Subpart A, that is to be sold by a “retailer,” as defined in 7 CFR 65.240, must comply with the requirements in 7 CFR 65.300 and 65.400.

(1) Colored oleomargarine or colored margarine which is sold in the same State or Territory in which it is produced shall be subject in the same manner and to the same extent to the provisions of this Act as if it had been introduced in interstate commerce.

(2) No person shall sell, or offer for sale, colored oleomargarine or colored margarine unless—

(a) Such oleomargarine or margarine is packaged,

(b) The net weight of the contents of any package sold in a retail establishment is one pound or less,

(c) There appears on the label of the package (A) The word ‘oleomargarine’ or ‘margarine’ in type or lettering at least as large as any other type or lettering on such label, and (B) A full and accurate statement of all the ingredients contained in such oleomargarine, or margarine, and

(d) Each part of the contents of the package is contained in a wrapper which bears the word ‘oleomargarine’ or ‘margarine’ in type or lettering not smaller than 20-point type.

(e) The requirements of this subsection shall be in addition to and not in lieu of any of the other requirements of this Act.

(3) No person shall possess in a form ready for serving colored oleomargarine or colored margarine at a public eating place unless a notice that oleomargarine or margarine is served is displayed prominently and conspicuously in such place and in such manner as to render it likely to be read and understood by the ordinary individual being served in such eating place or is printed or is otherwise set forth on the menu in type or lettering not smaller than that normally used to designate the serving of other food items. No person shall serve colored oleomargarine or colored margarine at a public eating place, whether or not any charge is made therefor, unless (1) each separate serving bears or is accompanied by labeling identifying it as oleomargarine or margarine, or (2) each separate serving thereof is triangular in shape.

(4) Colored oleomargarine or colored margarine when served with meals at a public eating place shall at the time of such service be exempt from the labeling requirements of section 343 of this Act (except subsection (a) and (f) of section 343 of this title) if it complies with the requirements of subsection (b) of this rule.

(5) For the purpose of this section, colored oleomargarine or colored margarine is oleomargarine or margarine having a tint or shade containing more than one and six tenths degrees of yellow or of yellow and red collectively, but with an excess of yellow over red, measured in terms of Lovibond tintometer scale or its equivalent” (21 U.S.C. 347).

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1012
Reuse of Oregon Inspection Marks; Reuse of Containers Bearing Oregon Marks, Labels, etc.

(1) No Oregon inspection legend or other Oregon mark which has been previously used shall be used again for the identification of any product, except as provided for in section (2) of this rule.

(2) All stencils, marks, labels, or other labeling on previously used containers, whether relating to any product or otherwise, shall be removed or obliterated before such containers are used for any product, unless such labeling correctly indicates the product to be packed therein and such containers are refilled under the supervision of a Department employee.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 561.220 & ORS 561.230
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1014
Labeling, Filling of Containers, Handling of Labeled Products to be Only in Compliance with Regulations

(1) No person shall in any state-inspected establishment apply or affix, or cause to be applied or affixed, any label to any product prepared or received in such establishment, or to any container thereof, or fill any container at such an establishment, except in compliance with these Division 29 rules.

(2) No covering or other container shall be filled, in whole or in part, at any state-inspected establishment with any product unless it has been inspected and passed in compliance with the regulations in this subchapter, is not adulterated, and is strictly in accordance with the statements on the label, and such filling is done under the supervision of a Department employee.

(3) No person shall remove, or cause to be removed from an state-inspected establishment any product bearing a label unless such label is in compliance with these Division 29 rules, or any product not bearing a label required by such rules.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1016
Relabeling Products; Requirements

When it is claimed by a state-inspected establishment that any of its products which bore labels bearing Oregon marks has been transported to a location other than a state-inspected establishment, and it is desired to relabel the product because the labels have become mutilated or otherwise damaged, a request for relabeling the product shall be sent to the Department, accompanied with a statement of the reasons therefor. Labeling material intended for relabeling inspected and passed product shall not be transported from a state-inspected establishment until permission has been received from the Department. The relabeling of inspected and passed product with labels bearing any Oregon marks shall be done under the supervision of a Department Inspector. The state-inspected establishment shall reimburse the Department, in accordance with the regulations of the Department, for any cost involved in supervising the relabeling of such product.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1018
Storage and Distribution of Labels and Containers Bearing Oregon Marks

Labels, wrappers, and containers bearing any official marks, with or without the establishment number, may be transported from one state-inspected establishment to any other state-inspected establishment provided such shipments are made with the prior authorization of the inspector in charge at point of origin, who will notify the inspector in charge at destination concerning the date of shipment, quantity, and type of labeling material involved. No such material shall be used at the establishment to which it is shipped unless such use conforms with the requirements of this subchapter.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1020
Labeling and Containers of Custom Prepared Products

Products that are custom prepared under OAR 603-029-0020(1)(b) must be packaged immediately after preparation and must be labeled as required in OAR 603-028-0700. Such exempted custom prepared products or their containers may bear additional labeling provided such labeling is not false or misleading.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1022
Interpretation and Statement of Labeling Policy for Cured Products; Special Labeling Requirements Concerning Nitrate and Nitrite

(1) With respect to OAR 603-029-0020(35)(n) and OAR 603-029-1004, any substance mixed with another substance to cure a product must be identified in the ingredients statement on the label of such product. For example, curing mixtures composed of such ingredients as water, salt, sugar, sodium phosphate, sodium nitrate, and sodium nitrite or other permitted substances which are added to any product, must be identified on the label of the product by listing each such ingredient in accordance with the provisions of OAR 603-029-1004.

(2) Any product, such as bacon and pepperoni, which is required to be labeled by a common or usual name or descriptive name in accordance with 603-029-1004(3)(a) and to which nitrate or nitrite is permitted or required to be added may be prepared without nitrate or nitrite and labeled with such common or usual name or descriptive name when immediately preceded with the term “Uncured” as part of the product name in the same size and style of lettering as the product name, provided that the product is found by the Department to be similar in size, flavor, consistency, and general appearance to such product as commonly prepared with nitrate or nitrite, or both.

(3)(a) Products described in section (2) of this rule or OAR 603-029-1202, which contain no nitrate or nitrite shall bear the statement “No Nitrate or Nitrite Added.” This statement shall be adjacent to the product name in lettering of easily readable style and at least one-half the size of the product name.

(b) Products described in section (2) of this rule and OAR 603-029-1202shall bear, adjacent to the product name in lettering of easily readable style and at least one-half the size of the product name, the statement “Not Preserved—Keep Refrigerated Below 40 °F. At All Times” unless they have been thermally processed to F[sub 0] 3 or more; they have been fermented or pickled to pH of 4.6 or less; or they have been dried to a water activity of 0.92 or less.

(c) Products described in section (2) of this rule and OAR 603-029-1202 shall not be subject to the labeling requirements of sections (2) and (3) of this rule if they contain an amount of salt sufficient to achieve a brine concentration of 10 percent or more.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1024
Packaging Materials

(1) Edible products may not be packaged in a container which is composed in whole or in part of any poisonous or deleterious substances which may render the contents adulterated or injurious to health. All packaging materials must be safe for their intended use within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act, as amended (FFDCA).

(2) Packaging materials entering the state-inspected establishment must be accompanied or covered by a guaranty, or statement of assurance, from the packaging supplier under whose brand name and firm name the material is marketed to the state-inspected establishment. The guaranty shall state that the materials intended use complies with the FFDCA and all applicable food additive regulations. The guaranty must identify the material, e.g., by the distinguishing brand name or code designation appearing on the packaging material shipping container; must specify the applicable conditions of use, including temperature limits and any other pertinent limits specified under the FFDCA and food additive regulations; and must be signed by an authorized official of the supplying firm. The guaranty may be limited to a specific shipment of an article, in which case it may be part of or attached to the invoice covering such shipment, or it may be general and continuing, in which case, in its application to any article or other shipment of an article, it shall be considered to have been given at the date such article was shipped by the person who gives the guaranty. Guaranties consistent with the Food and Drug Administration's regulations regarding such guaranties (21 CFR 7.12 and 7.13) will be acceptable. The management of the state-inspected establishment must maintain a file containing guaranties for all food contact packaging materials in the state-inspected establishment. The file shall be made available to Inspectors or other Department officials upon request. While in the state inspected establishment, the identity of all packaging materials must be traceable to the applicable guaranty.

(3) The guaranty by the packaging supplier will be accepted by Department inspectors to establish that the use of material complies with the FFDCA and all applicable food additive regulations.

(4) The Department will monitor the use of packaging material in state-inspected establishments to assure that the requirements of section (1) of this rule are met and may question the basis for any guaranty described under section (2) of this rule. state-inspected establishments and packaging suppliers providing written guaranties to those state-inspected establishments will be permitted an opportunity to provide information tm designated Department officials as needed to verify the basis for any such guaranty. The required information will include, but is not limited to, manufacturing firm’s name, trade name or code designation for the material, complete chemical composition, and use. Selection of a material for review does not in itself affect a material’s acceptability. Materials may continue to be used during the review period. However, if information requested from the supplier is not provided within the time indicated in the request—a minimum of 30 days—any applicable guaranty shall cease to be effective, and approval to continue using the specified packaging material in state-inspected establishments may be denied. The Department may extend this time where reasonable grounds for extension are shown, as, for example, where data must be obtained from suppliers.

(5) The Department may disapprove for use in state-inspected establishments packaging materials whose use cannot be confirmed as complying with FFDCA and applicable food additive regulations. Before approval to use a packaging material is finally denied by the Department, the affected state-inspected establishment and the supplier of the material shall be given notice and the opportunity to present their views to the Department. If the state-inspected establishment and the supplier do not accept the Department's determination, a hearing in accordance with applicable rules of practice will be held to resolve such dispute. Approval to use the materials pending the outcome of the presentation of views or hearing shall be denied if the Department determines that such use may present an imminent hazard to public health.

(6) Periodically, the Department will issue to Inspectors a listing, by distinguishing brand name or code designation, of packaging materials that have been reviewed and that fail to meet the requirements of section (1) of this rule. Listed materials will not be permitted for use in state-inspected establishments. If a subsequent review of any material indicates that it meets the requirements of section (1), the material will be deleted from the listing.

(7) Nothing in this rule shall affect the authority of Inspectors to refuse a specific material if he/she determines the material may render products adulterated or injurious to health.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1026
Nutrition Labeling of Meat and Meat Products

(1) Nutrition labeling must be provided for all meat and meat products intended for human consumption and offered for sale, except single-ingredient, raw meat products that are not ground or chopped meat products described in OAR 603-029-1028 and are not major cuts of single-ingredient, raw meat products identified in OAR 603-029-1040, unless the product is exempted under OAR 603-029-1060. Nutrition labeling must be provided for the major cuts of single-ingredient, raw meat products identified in OAR 603-029-1040, either in accordance with the provisions of OAR 603-029-1034 for nutrition labels, or in accordance with the provisions of OAR 603-029-1042 for point-of-purchase materials, except as exempted under OAR 603-029-1060. For all other products for which nutrition labeling is required, including ground or chopped meat products described in OAR 603-029-1028, nutrition labeling must be provided in accordance with the provisions of OAR 603-029-1034, except as exempted under OAR 603-029-1060.

(2) Nutrition labeling may be provided for single-ingredient, raw meat products that are not ground or chopped meat products described in OAR 603-029-1028 and that are not major cuts of single-ingredient, raw meat products identified in OAR 603-029-1040, either in accordance with the provisions of OAR 603-029-1034 for nutrition labels, or in accordance with the provisions of OAR 603-029-1042 for point-of-purchase materials.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1028
Required Nutrition Labeling of Ground or Chopped Meat Products

Nutrition labels must be provided for all ground or chopped products (livestock species) and hamburger with or without added seasonings (including, but not limited to, ground beef, ground beef patties, ground sirloin, ground pork, and ground lamb) that are intended for human consumption and offered for sale, in accordance with the provisions of OAR 603-029-1034, except as exempted under OAR 603-029-1060.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1030
Location of Nutrition Information

(1) Nutrition information on a label of a packaged meat or meat product shall appear on the la’el's principal display panel or on the information panel, except as provided in sections (2) and (3) of this rule.

(2) Nutrition information for gift packs may be shown at a location other than on the product label, provided that the labels for these products bear no nutrition claim. In lieu of on the product label, nutrition information may be provided by alternate means such as product label inserts.

(3) Meat or meat products in packages that have a total surface area available to bear labeling greater than 40 square inches but whose principal display panel and information panel do not provide sufficient space to accommodate all required information may use any alternate panel that can be readily seen by consumers for the nutrition information. In determining the sufficiency of available space for the nutrition information, the space needed for vignettes, designs, and other nonmandatory label information on the principal display panel may be considered.

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1032
Labeling of Meat or Meat Products with Number of Servings

The label of any package of a meat or meat product that bears a representation as to the number of servings contained in such package shall meet the requirements of 603-029-1004(8)(j).

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046
Statutes/Other Implemented: ORS 603.085, ORS 619.042 & ORS 619.046
History:
DOA 19-2022, adopt filed 07/27/2022, effective 07/28/2022

603-029-1034
Nutrition Label Content

(1) All nutrient and food component quantities shall be declared in relation to a serving as defined in this rule.

(2)(a) The term “serving” or “serving size” means an amount of food customarily consumed per eating occasion by persons 4 years of age or older, which is expressed in a common household measure that is appropriate to the product. When the product is specially formulated or processed for use by infants or by toddlers, a serving or serving size means an amount of food customarily consumed per eating occasion by infants up to 12 months of age or by children 1 through 3 years of age, respectively.

(b) Except as provided in subsections (2)(h), (2)(l), and (2)(n) of this rule and for products that are intended for weight control and are available only through a weight-control or weight-maintenance program, serving size declared on a product label shall be determined from the “Reference Amounts Customarily Consumed Per Eating Occasion—General Food Supply” (Reference Amount(s)) that appear in 603-029-1036(a) using the procedures described in this section (2). For products that are both intended for weight control and available only through a weight-control program, a manufacturer may determine the serving size that is consistent with the meal plan of the program. Such products must bear a statement, “for sale only through the ___ program” (fill in the blank with the name of the appropriate weight-control program, e.g., Smith’s Weight Control), on the principal display panel. However, the Reference Amounts in 603-029-1036(a) shall be used for purposes of evaluating whether weight-control products that are available only through a weight-control program qualify for nutrition claims.

(c) The declaration of nutrient and food component content shall be on the basis of the product “as packaged” for all products, except that single-ingredient, raw products that are not ground or chopped meat products described in OAR 603-029-1028may be declared on the basis of the product “as consumed.” For single-ingredient, raw products that are not ground or chopped meat products described in OAR 603-029-1028, if data are based on the product ‘as consumed,’ the data must be presented in accordance with 603-029-1042(4). In addition to the required declaration on the basis of “as packaged” for products other than single-ingredient, raw products that are not ground or chopped meat products described in OAR 603-029-1028, the declaration may also be made on the basis of “as consumed,” provided that preparation and cooking instructions are clearly stated.

(d) For products in discrete units (e.g., hot dogs, and individually packaged products within a multi-serving package), and for products which consist of two or more foods packaged and presented to be consumed together where the ingredient represented as the main ingredient is in discrete units (e.g., beef fritters and barbecue sauce), the serving size shall be declared as follows:

(A) If a unit weighs 50 percent or less of the Reference Amount, the serving size shall be the number of whole units that most closely approximates the Reference Amount for the product category.

(B) If a unit weighs more than 50 percent but less than 67 percent of the Reference Amount, the manufacturer may declare one unit or two units as the serving size.

(C) If a unit weighs 67 percent or more but less than 200 percent of the Reference Amount, the serving size shall be one unit.

(D) If a unit weighs 200 percent or more of the Reference Amount, the manufacturer may declare one unit as the serving size if the whole unit can reasonably be consumed at a single eating occasion.

(E) For products that have Reference Amounts of 100 grams (or milliliter) or larger and are individual units within a multi-serving package, if a unit contains more than 150 percent but less than 200 percent of the Reference Amount, the manufacturer may decide whether to declare the individual unit as 1 or 2 servings.

(F) For products which consist of two or more foods packaged and presented to be consumed together where the ingredient represented as the main ingredient is in discrete units (e.g., beef fritters and barbecue sauce), the serving size may be the number of discrete units represented as the main ingredient plus proportioned minor ingredients used to make the Reference Amount for the combined product as determined in OAR 603-029-1036(3).

(G) For packages containing several individual single-serving containers, each of which is labeled with all required information including nutrition labeling as specified in this rule (i.e., are labeled appropriately for individual sale as single-serving containers), the serving size shall be 1 unit.

(e) For products in large discrete units that are usually divided for consumption (e.g., pizza), for unprepared products where the entire contents of the package is used to prepare large discrete units that are usually divided for consumption (e.g. pizza kit), and for products which consist of two or more foods packaged and presented to be consumed together where the ingredient represented as the main ingredient is a large discrete unit usually divided for consumption, the serving size shall be the fractional slice of the ready-to-eat product (e.g., 1⁄8 quiche, 1⁄4 pizza) that most closely approximates the Reference Amount for the product category. The serving size may be the fraction of the package used to make the Reference Amount for the unprepared product determined in OAR 603-029-1036(4) or the fraction of the large discrete unit represented as the main ingredient plus proportioned minor ingredients used to make the Reference Amount of the combined product determined in OAR 603-029-1036(3. In expressing the fractional slice, manufacturers shall use 1⁄2 , 1⁄3 , 1⁄4 , 1⁄5 , 1⁄6 , or smaller fractions that can be generated by further division by 2 or 3.

(f) For non-discrete bulk products (e.g., whole roast beef, marinated beef tenderloin, large can of chili), and for products which consist of two or more foods packaged and presented to be consumed together where the ingredient represented as the main ingredient is a bulk product (e.g., roast beef and gravy), the serving size shall be the amount in household measure that most closely approximates the Reference Amount for the product category and may be the amount of the bulk product represented as the main ingredient plus proportioned minor ingredients used to make the Reference Amount for the combined product determined in OAR 603-029-1036(3).

(g) For labeling purposes, the term “common household measure” or “common household unit” means cup, tablespoon, teaspoon, piece, slice, fraction (e.g., 1⁄4 pizza), ounce (oz), or other common household equipment used to package food products (e.g., jar or tray). In expressing serving size in household measures, except as specified in paragraphs (2)(g)(D), (E), and (F) of this rule, the following rules shall be used:

(A) Cups, tablespoons, or teaspoons shall be used wherever possible and appropriate. Cups shall be expressed in 1–4 - or 1⁄3 -cup increments, tablespoons in whole number of tablespoons for quantities less than 1⁄4 cup but greater than or equal to 2 tablespoons (tbsp), 1, 11⁄3 , 11⁄2 , or 1 2⁄3 tbsp for quantities less than 2 tbsp but greater than or equal to 1 tbsp, and teaspoons in whole number of teaspoons for quantities less than 1 tbsp but greater than or equal to 1 teaspoon (tsp), and in 1⁄4 -tsp increments for quantities less than 1 tsp.

(B) If cups, tablespoons or teaspoons are not applicable, units such as piece, slice, tray, jar, and fraction shall be used.

(C) If cups, tablespoons and teaspoons, or units such as piece, slice, tray, jar, or fraction are not applicable, ounces may be used. Ounce measurements shall be expressed in 0.5-ounce increments most closely approximating the Reference Amount with rounding indicated by the use of the term “about” (e.g., about 2.5 ounces).

(D) A description of the individual container or package shall be used for single-serving containers and for individually packaged products within multi-serving containers (e.g., can, box, package, meal, or dinner). A description of the individual unit shall be used for other products in discrete units (e.g., chop, slice, link, or patty).

(E) For unprepared products where the entire contents of the package is used to prepare large discrete units that are usually divided for consumption (e.g., pizza kit), the fraction or portion of the package may be used.

(F) For products that consist of two or more distinct ingredients or components packaged and presented to be consumed together (e.g., ham with a glaze packet), the nutrition information may be declared for each component or as a composite. The serving size may be provided in accordance with the provisions of subsections (2)(d), (2)(e), and (2)(f) of this rule.

(G) For nutrition labeling purposes, a teaspoon means 5 milliliters (mL), a tablespoon means 15 mL, a cup means 240 mL, and 1 oz in weight means 28 grams (g).

(H) When a serving size, determined from the Reference Amount in OAR 603-029-1036(2) and the procedures described in OAR 603-029-1000 to 603-029-1058, falls exactly half way between two serving sizes (e.g., 2.5 tbsp), manufacturers shall round the serving size up to the next incremental size.

(h) A product that is packaged and sold individually and that contains less than 200 percent of the applicable Reference Amount shall be considered to be a single-serving container, and the entire content of the product shall be labeled as one serving, except for products that have Reference Amounts of 100 g (or mL) or larger, manufacturers may decide whether a package that contains more than 150 percent but less than 200 percent of the Reference Amount is 1 or 2 servings. Packages sold individually that contain 200 percent or more of the applicable Reference Amount may be labeled as a single-serving if the entire content of the package can reasonably be consumed at a single-eating occasion.

(i) A label statement regarding a serving shall be the serving size expressed in common household measures as set forth in subsections (2)(b) through (2)(h) of this rule and shall be followed by the equivalent metric quantity in parenthesis (fluids in milliliters and all other foods in grams), except for single-serving containers.

(A) For a single-serving container, the parenthetical metric quantity, which will be presented as part of the net weight statement on the principal display panel, is not required except where nutrition information is required on a drained weight basis according to subsection (2)(k) of this rule. However, if a manufacturer voluntarily provides the metric quantity on products that can be sold as single-servings, then the numerical value provided as part of the serving size declaration must be identical to the metric quantity declaration provided as part of the net quantity of contents statement.

(B) The gram or milliliter quantity equivalent to the household measure should be rounded to the nearest whole number except for quantities that are less than 5 g (mL). The gram (mL) quantity between 2 and 5 g (mL) should be rounded to the nearest 0.5 g (mL) and the g (mL) quantity less than 2 g (mL) should be expressed in 0.1-g (mL) increments.

(C) In addition, serving size may be declared in ounce, in parenthesis, following the metric measure separated by a slash where other common household measures are used as the primary unit for serving size, e.g., 1 slice (28 g/1 oz) for sliced bologna. The ounce quantity equivalent to the metric quantity should be expressed in 0.1-oz increments.

(D) If a manufacturer elects to use abbreviations for units, the following abbreviations shall be used: tbsp for tablespoon, tsp for teaspoon, g for gram, mL for milliliter, and oz for ounce.

(j) Determination of the number of servings per container shall be based on the serving size of the product determined by following the procedures described in this rule.

(A) The number of servings shall be rounded to the nearest whole number except for the number of servings between 2 and 5 servings and random weight products. The number of servings between 2 and 5 servings shall be rounded to the nearest 0.5 serving. Rounding should be indicated by the use of the term “about” (e.g., about 2 servings; about 3.5 servings).

(B) When the serving size is required to be expressed on a drained solids basis and the number of servings varies because of a natural variation in unit size (e.g., pickled pigs feet), the manufacturer may state the typical number of servings per container (e.g., usually 5 servings).

(C) For random weight products, a manufacturer may declare “varied” for the number of servings per container provided the nutrition information is based on the Reference Amount expressed in ounces. The manufacturer may provide the typical number of servings in parenthesis following the “varied” statement (e.g., varied (approximately 8 servings per pound)).

(D) For packages containing several individual single-serving containers, each of which is labeled with all required information including nutrition labeling as specified in this OAR 603-029-1000 to 603-029-1058 (i.e., are labeled appropriately for individual sale as single-serving containers), the number of servings shall be the number of individual packages within the total package.

(E) For packages containing several individually packaged multi-serving units, the number of servings shall be determined by multiplying the number of individual multi-serving units in the total package by the number of servings in each individual unit. The declaration of the number of servings per container need not be included in nutrition labeling of single-ingredient, raw meat products that are not ground or chopped meat products described in OAR 603-029-1028, including those that have been previously frozen.

(j) The declaration of nutrient and food component content shall be on the basis of product as packaged or purchased with the exception of single-ingredient, raw products that are not ground or chopped meat products described in OAR 603-029-1028 and products that are packed or canned in water, brine, or oil but whose liquid packing medium is not customarily consumed. Declaration of the nutrient and food component content of products that are packed in liquid which is not customarily consumed shall be based on the drained solids.

(k) The serving size for meal-type products and main-dish products as defined in OAR 603-029-1038 (12) and (13) in single-serving containers will be the entire edible content of the package. Serving size for meal-type products and main-dish products in multi-serve containers will be based on the reference amount applicable to the product in OAR 603-029-1038(2) if the product is listed in OAR 603-029-1038(2). Serving size for meal-type products and main-dish products in multi-serve containers that are not listed in OAR 603-029-1038(2) will be based on the reference amount according to OAR 603-029-1038 (3), (4), and (5).

(l) Another column of figures may be used to declare the nutrient and food component information in the same format as required by OAR 603-029-1034(5),

(A) Per 100 grams, 100 milliliters, or 1 ounce of the product as packaged or purchased.

(B) Per one unit if the serving size of a product in discrete units in a multi-serving container is more than one unit.

(m) If a product consists of assortments of meat or meat products (e.g., variety packs) in the same package, nutrient content shall be expressed on the entire package contents or on each individual product.

(n) If a product is commonly combined with other ingredients or is cooked or otherwise prepared before eating, and directions for such combination or preparations are provided, another column of figures may be used to declare the nutrient contents on the basis of the product as consumed for the product alone (e.g., a cream soup mix may be labeled with one set of Daily Values for the dry mix (per serving), and another set for the serving of the final soup when prepared (e.g., per serving of cream soup mix and 1 cup of vitamin D fortified whole milk)): Provided, That the type and quantity of the other ingredients to be added to the product by the user and the specific method of cooking and other preparation shall be specified prominently on the label.

(3) The declaration of nutrition information on the label or in labeling of a meat or meat product shall contain information about the level of the following nutrients, except for those nutrients whose inclusion, and the declaration of amounts, is voluntary as set forth in this section. No nutrients or food components other than those listed in this section as either mandatory or voluntary may be included within the nutrition label. Except as provided for in section (6) or (7) of this rule, nutrient information shall be presented using the nutrient names specified and in the following order in the formats specified in section (4) or (5) of this rule.

(a) “Calories, total,” “Total calories,” or “Calories”: A statement of the caloric content per serving, expressed to the nearest 5-calorie increment up to and including 50 calories, and 10-calorie increment above 50 calories, except that amounts less than 5 calories may be expressed as zero. Energy content per serving may also be expressed in kilojoule units, added in parenthesis immediately following the statement of the caloric content.

(A) Caloric content may be calculated by the following methods. Where either specific or general food factors are used, the factors shall be applied to the actual amount (i.e., before rounding) of food components (e.g., fat, carbohydrate, protein, or ingredients with specific food factors) present per serving.

(i) Using specific Atwater factors (i.e., the Atwater method) given in Table 13, page 25, “Energy Value of Foods—Basis and Derivation,” by A. L. Merrill and B. K. Watt, United States Department of Agriculture (USDA), Agriculture Handbook No. 74 (Slightly revised February 1973), which is incorporated by reference;

(ii) Using the general factors of 4, 4, and 9 calories per gram for protein, total carbohydrate, and total fat, respectively, as describe’ in USDA's Agriculture Handbook No. 74 (Slightly revised February 1973), pages 9-11, which is incorporated by reference;

(iii) Using the general factors of 4, 4, and 9 calories per gram for protein, total carbohydrate less the amount of insoluble dietary fiber, and total fat, respectively, as describe’ in USDA's Agriculture Handbook No. 74 (Slightly revised February 1973), pages 9-11, which is incorporated by reference; or

(iv) Using data for specific food factors for particular foods or ingredients approved by the Food and Drug Administration (FDA) and provided in parts 172 or 184 of 21 CFR, or by other means, as appropriate.

(B) “Calories from fat”: A statement of the caloric content derived from total fat as defined in subsection (3)(b) of this rule per serving, expressed to the nearest 5-calorie increment, up to and including 50 calories, and the nearest 10-calorie increment above 50 calories, except that label declaration of “calories from fat” is not required on products that contain less than 0.5 gram of fat per serving and amounts less than 5 calories may be expressed as zero. This statement shall be declared as provided in subsection (4)(e) of this rule.

(C) “Calories from saturated fat” or “Calories from saturated” (VOLUNTARY): A statement of the caloric content derived from saturated fat as defined in paragraph (3)(b)(A) of this rule per serving may be declared voluntarily, expressed to the nearest 5-calorie increment, up to and including 50 calories, and the nearest 10-calorie increment above 50 calories, except that amounts less than 5 calories may be expressed as zero. This statement shall be indented under the statement of calories from fat as provided in subsection (4)(e) of this rule.

(b) “Fat, total” or “Total fat”: A statement of the number of grams of total fat per serving defined as total lipid fatty acids and expressed as triglycerides. Amounts shall be expressed to the nearest 0.5 ( 1⁄2 )-gram increment below 5 grams and to the nearest gram increment above 5 grams. If the serving contains less than 0.5 gram, the content shall be expressed as zero.

(A) “Saturated fat” or “Saturated”: A statement of the number of grams of saturated fat per serving defined as the sum of all fatty acids containing no double bonds, except that label declaration of saturated fat content information is not required for products that contain less than 0.5 gram of total fat per serving if no claims are made about fat or cholesterol content, and if “calories from saturated fat” is not declared. Saturated fat content shall be indented and expressed as grams per serving to the nearest 0.5 ( 1⁄2 )-gram increment below 5 grams and to the nearest gram increment above 5 grams. If the serving contains less than 0.5 gram, the content shall be expressed as zero.

(i) “Stearic Acid” (VOLUNTARY): A statement of the number of grams of stearic acid per serving may be declared voluntarily, except that when a claim is made about stearic acid, label declaration shall be required. Stearic acid content shall be indented under saturated fat and expressed to the nearest 0.5 ( 1⁄2 )-gram increment below 5 grams and the nearest gram increment above 5 grams. If the serving contains less than 0.5 gram, the content shall be expressed as zero.

(ii) [Reserved]

(B) “Polyunsaturated fat” or “Polyunsaturated” (VOLUNTARY): A statement of the number of grams of polyunsaturated fat per serving defined as cis,cis-methylene-interrupted polyunsaturated fatty acids may be declared voluntarily, except that when monounsaturated fat is declared, or when a claim about fatty acids or cholesterol is made on the label or in labeling of a product other than one that meets the criteria in OAR 603-029-1052(2)(a) for a claim for “fat free,” label declaration of polyunsaturated fat is required. Polyunsaturated fat content shall be indented and expressed as grams per serving to the nearest 0.5 ( 1⁄2 )-gram increment below 5 grams and to the nearest gram increment above 5 grams. If the serving contains less than 0.5 gram, the content shall be expressed as zero.

(C) “Monounsaturated fat” or “Monounsaturated” (VOLUNTARY): A statement of the number of grams of monounsaturated fat per serving defined as cis-monounsaturated fatty acids may be declared voluntarily, except that when polyunsaturated fat is declared, or when a claim about fatty acids or cholesterol is made on the label or in labeling of a product other than one that meets the criteria in OAR 603-029-1052(2)(a) for a claim for “fat free,” label declaration of monounsaturated fat is required. Monounsaturated fat content shall be indented and expressed as grams per serving to the nearest 0.5 ( 1⁄2 )-gram increment below 5 grams and to the nearest gram increment above 5 grams. If the serving contains less than 0.5 gram, the content shall be expressed as zero.

(c) “Cholesterol”: A statement of the cholesterol content per serving expressed in milligrams to the nearest 5-milligram increment, except that label declaration of cholesterol information is not required for products that contain less than 2 milligrams of cholesterol per serving and make no claim about fat, fatty acids, or cholesterol content, or such products may state the cholesterol content as zero. If the product contains 2 to 5 milligrams of cholesterol per serving, the content may be stated as “less than 5 milligrams.”

(d) “Sodium”: A statement of the number of milligrams of sodium per serving expressed as zero when the serving contains less than 5 milligrams of sodium, to the nearest 5-milligram increment when the serving contains 5 to 140 milligrams of sodium, and to the nearest 10-milligram increment when the serving contains greater than 140 milligrams.

(e) “Potassium” (VOLUNTARY): A statement of the number of milligrams of potassium per serving may be declared voluntarily, except that when a claim is made about potassium content, label declaration shall be required. Potassium content shall be expressed as zero when the serving contains less than 5 milligrams of potassium, to the nearest 5-milligram increment when the serving contains 5 to 140 milligrams of potassium, and to the nearest 10-milligram increment when the serving contains greater than 140 milligrams.

(f) “Carbohydrate, total” or “Total carbohydrate”: A statement of the number of grams of total carbohydrate per serving expressed to the nearest gram, except that if a serving contains less than 1 gram, the statement “Contains less than 1 gram” or “less than 1 gram” may be used as an alternative, or, if the serving contains less than 0.5 gram, the content may be expressed as zero. Total carbohydrate content shall be calculated by subtraction of the sum of the crude protein, total fat, moisture, and ash from the total weight of the product. This calculation method is described in USDA's Agriculture Handbook No. 74 (Slightly revised February 1973), pages 2 and 3, which is incorporated by reference.

(A) “Dietary fiber”: A statement of the number of grams of total dietary fiber per serving, indented and expressed to the nearest gram, except that if a serving contains less than 1 gram, declaration of dietary fiber is not required, or, alternatively, the statement “Contains less than 1 gram” or “less than 1 gram” may be used, and if the serving contains less than 0.5 gram, the content may be expressed as zero.

(i) “Soluble fiber” (VOLUNTARY): A statement of the number of grams of soluble dietary fiber per serving may be declared voluntarily except when a claim is made on the label or in labeling about soluble fiber, label declaration shall be required. Soluble fiber content shall be indented under dietary fiber and expressed to the nearest gram, except that if a serving contains less than 1 gram, the statement “Contains less than 1 gram” or “less than 1 gram” may be used as an alternative, and if the serving contains less than 0.5 gram, the content may be expressed as zero.

(ii) “Insoluble fiber” (VOLUNTARY): A statement of the number of grams of insoluble dietary fiber per serving may be declared voluntarily except when a claim is made on the label or in labeling about insoluble fiber, label declaration shall be required. Insoluble fiber content shall be indented under dietary fiber and expressed to the nearest gram, except that if a serving contains less than 1 gram, the statement “Contains less than 1 gram” or “less than 1 gram” may be used as an alternative, and if the serving contains less than 0.5 gram, the content may be expressed as zero.

(B) “Sugars”: A statement of the number of grams of sugars per serving, except that label declaration of sugars content is not required for products that contain less than 1 gram of sugars per serving if no claims are made about sweeteners, sugars, or sugar alcohol content. Sugars shall be defined as the sum of all free mono- and disaccharides (such as glucose, fructose, lactose, and sucrose). Sugars content shall be indented and expressed to the nearest gram, except that if a serving contains less than 1 gram, the statement “Contains less than 1 gram” or “less than 1 gram” may be used as an alternative, and if the serving contains less than 0.5 gram, the content may be expressed as zero.

(C) “Sugar alcohol” (VOLUNTARY): A statement of the number of grams of sugar alcohols per serving may be declared voluntarily on the label, except that when a claim is made on the label or in labeling about sugar alcohol or sugars when sugar alcohols are present in the product, sugar alcohol content shall be declared. For nutrition labeling purposes, sugar alcohols are defined as the sum of saccharide derivatives in which a hydroxyl group replaces a ketone or aldehyde group and whose use in the food is listed by FDA (e.g., mannitol or xylitol) or is generally recognized as safe (e.g., sorbitol). In lieu of the term “sugar alcohol,” the name of the specific sugar alcohol (e.g., “xylitol”) present in the product may be used in the nutrition label, provided that only one sugar alcohol is present in the product. Sugar alcohol content shall be indented and expressed to the nearest gram, except that if a serving contains less than 1 gram, the statement “Contains less then 1 gram” or “less than 1 gram” may be used as an alternative, and if the serving contains less than 0.5 gram, the content may be expressed as zero.