ORS Chapter 603
Chapter 603 — MeatSellers and Slaughterers
2009 EDITION
MEATSELLERS AND SLAUGHTERERS
ANIMALS
603.010 Definitions
603.015 Policy
603.025 Licensesrequired; application; term; renewal; fee
603.027 Refundof license fee in specific instances; application; rules
603.031 Additionalusers of establishment; fees; rules
603.034 Denial,suspension or revocation of license; multiple activities; license exemption
603.045 Customslaughter and processing regulations
603.055 Equipmentand facilities requirements
603.059 Uncleanslaughterhouses prohibited
603.065 Slaughtermethods
603.075 Brandinspection service fee
603.085 Rulemakingauthority
603.095 Dispositionof funds received by department
603.200 Paymentby processors to producers; payment by sellers to processors; interest;definitions
603.992 Penalties
603.995 Civilpenalties; rules; disposition of penalty moneys
603.010Definitions.As used in this chapter:
(1)“Custom processing establishment” means a stationary establishment whereinslaughtered meat animals or meat, caused to be delivered by the owners thereof,are prepared for compensation, payment or remuneration of any kind, and arethereafter returned to the owner thereof or to the order of the owner.
(2)“Custom slaughtering establishment” means a mobile or stationary establishmentwherein meat animals, caused to be delivered by the owners thereof, areslaughtered for compensation, payment or remuneration of any kind, and arethereafter returned to the owner thereof or to the order of the owner.
(3)“Department” means the State Department of Agriculture.
(4)“Equipment” means all machinery, fixtures, containers, vessels, tools,implements and apparatus used in and about an establishment.
(5)“Establishment” means:
(a)Any building, vehicle or structure in which meat animals are slaughtered forconsumption or meat products are prepared, sold, offered or held for sale.
(b)The ground upon which such place or business is operated or used and so muchground adjacent thereto as is also used in carrying on the business of theestablishment. The department may prescribe such additional area or placeswhich, although they may not be contiguous or adjacent to the above area orestablishment, may be included therein.
(6)“Meat animal” means any vertebrate animal, except fish and aquatic mammals, nototherwise prohibited by law for sale for human consumption.
(7)“Meat or meat product” means any edible muscle, except any muscle found in thelips, snout or ears, of meat animals, which is skeletal or found in the tongue,diaphragm, heart or esophagus, with or without any accompanying and overlyingfat, and any portion of bone, skin, sinew, nerve or blood vessels normallyaccompanying the muscle tissue and not separated from it in the process of dressingor as otherwise prescribed by the department.
(8)“Meat seller establishment” means an establishment wherein meat products aresold, offered or held for sale, but which are not prepared other than to beground, seasoned, salted, frozen, boned, cut up, wrapped or packed.
(9)“Nonslaughtering processing establishment” means any building, structure orvehicle wherein the activities of a slaughterhouse, custom slaughteringestablishment or custom processing establishment or of an animal food slaughteringestablishment or animal food processing establishment under ORS chapter 619 arenot performed, but wherein meat products are prepared.
(10)“Poultry” means chickens, ducks, geese, turkeys and all other domesticatedfowls or birds.
(11)“Prepared” means ground, seasoned, canned, cooked, salted, frozen, smoked,cured, pickled, packed, boned, dried, cut up, wrapped or otherwise manufacturedor processed.
(12)“Slaughterhouse” means an establishment wherein meat animals are slaughtered.
(13)“Unwholesome” means all meats or meat products that are diseased, contaminated,including drug or chemical residue, putrid, unsound, unhealthful or unfit forfood. [Amended by 1953 c.692 §6; 1955 c.724 §1; 1959 c.239 §1; 1961 c.164 §1;1969 c.565 §1; 1973 c.175 §3; 1975 c.304 §1; 1993 c.162 §1; 1995 c.79 §320;2003 c.14 §360]
603.015Policy.The purpose and intent of ORS 599.205 and this chapter is to protect thelivestock industry of this state against theft of meat animals and, givingcognition to the Federal Meat Inspection Act as defined in ORS chapter 619, toprovide the State Department of Agriculture with the means to complement theenforcement of that Act by authorizing the department to take necessary andproper measures for the protection of the health and welfare of Oregonconsumers. Such measures should include the prevention of sale and distributionof unwholesome meat and meat products, the exercising of quality controls andsupervision, the establishment of general sanitary and safeguard provisions andthe identification of meat animals and meat products. [1973 c.175 §2; 1981c.248 §26]
603.020 [Amended by1955 c.724 §2; 1969 c.565 §2; repealed by 1973 c.175 §15]
603.025Licenses required; application; term; renewal; fee. (1) A personmay not sell, offer to sell or expose for sale meat products or engage in anyother activity described or identified in subsection (4) of this sectionwithout first obtaining and maintaining a license therefor from the StateDepartment of Agriculture. All such licenses shall expire on June 30 nextfollowing the date of issuance or on such date as may be specified bydepartment rule. Renewal applications must be postmarked before the expirationdate to be timely.
(2)Application for a license required by this section shall be made to thedepartment on forms prescribed by the department, which shall contain anyinformation the department deems necessary. The license is personal andnontransferable, with a separate license required for each establishmentlocation. A new license is required each time there is a change in ownership,legal entity or establishment location.
(3)In addition to other license requirements of this section, if an applicant fora license under subsection (4)(c) of this section has an average weekly dollarvalue of meat animal purchases that exceeds $10,000, the applicant shall submitwith the application a surety bond with one or more corporate suretiesauthorized to do business in this state, or an irrevocable letter of creditissued by an insured institution, as defined in ORS 706.008. The bond or letterof credit shall be in an amount equal to twice the average daily value of meatanimal purchases during the preceding calendar year, or the amount of $20,000,whichever amount is greater. The department shall prescribe the form for andapprove the bond or letter of credit, which shall be conditioned upon faithfulperformance by the licensee of all obligations to the producers of meat animalsarising from the sale of meat animals by producers to the licensee.
(4)Each of the following activities shall be licensed, and the fee established bythe department paid with the application therefor:
(a)Operation of a meat seller establishment. A license under this section allowsonly the meat products preparation described in ORS 603.010 (8).
(b)Operation of a nonslaughtering processing establishment. A license under thissection allows selling meat products at the same location without obtaining thelicense described in paragraph (a) of this subsection.
(c)Operation of a slaughterhouse. A license under this section allows selling meatproducts at the same location without obtaining the license described inparagraph (a) of this subsection.
(d)Operation of a custom slaughtering establishment or custom processingestablishment. A license under this section does not allow selling meatproducts without first obtaining and maintaining the license described inparagraph (a) of this subsection.
(e)Operation of a slaughterhouse, custom slaughtering establishment or customprocessing establishment wherein only poultry or rabbits are slaughtered orprepared. A license under this section allows selling only poultry or rabbitproducts at the same location without obtaining the license described inparagraph (a) of this subsection.
(5)The license required by this section shall be displayed at all times in aconspicuous manner at the address shown on the license.
(6)Except as provided in subsection (7) of this section, the license fees forestablishments under this section are:
(a)$216 if the establishment’s annual gross dollar volume of sales and services isnot more than $50,000;
(b)$271 if the establishment’s annual gross dollar volume of sales and services ismore than $50,000 and not more than $500,000;
(c)$325 if the establishment’s annual gross dollar volume of sales and services ismore than $500,000 and not more than $1 million;
(d)$487 if the establishment’s annual gross dollar volume of sales and services ismore than $1 million and not more than $5 million;
(e)$541 if the establishment’s annual gross dollar volume of sales and services ismore than $5 million and not more than $10 million; or
(f)$704 if the establishment’s annual gross dollar volume of sales and services ismore than $10 million.
(7)If the establishment sells only prepackaged meats packaged at a facilityinspected by the United States Department of Agriculture, the following licensefee amounts shall apply instead of the fee established in subsection (6)(a) ofthis section:
(a)$108 if the establishment’s annual gross dollar volume of sales and services isnot more than $5,000; or
(b)$162 if the establishment’s annual gross dollar volume of sales and services ismore than $5,000 and not more than $50,000.
(8)In establishing the amount of the license fee for an establishment, the StateDepartment of Agriculture shall use the annual gross dollar volume of sales andservices by that establishment within Oregon during the prior calendar year or,if the establishment maintains sales and service records on a fiscal basis, theprior fiscal year. If the establishment applying for an original license or fora renewal license cannot provide the annual gross dollar volume of sales andservices for a full calendar year, the department shall base the fee onestimated annual gross sales and services by the establishment. If anestablishment whose previous year’s fee was determined using an estimated grosssales and services figure applies for renewal of that license, the fee for theprevious license year shall be adjusted to reflect the actual annual grossdollar volume of sales and services by the establishment. [1973 c.175 §4; 1975c.703 §1; 1982 s.s.1 c.4 §1; 1991 c.331 §92; 1991 c.632 §1; 1997 c.631 §505;2005 c.735 §§1,2; 2007 c.768 §§19,20]
603.027Refund of license fee in specific instances; application; rules. (1)Notwithstanding ORS 603.025 (2), whenever any business licensed pursuant to therequirements of ORS 603.025 (4)(a) is transferred by sale or otherwise, theperson to whom the license was issued may apply to the State Department ofAgriculture for a refund of that portion of the license fee applicable to thethen unexpired portion of the license period. The person to whom the businessis transferred shall not be required to pay a license fee that exceeds theamount of any refund to which the transferor is entitled pursuant to thissubsection.
(2)Application for the refund referred to in subsection (1) of this section shallbe made at such time and in such manner as the department by rule mayprescribe. [1975 c.188 §2]
603.030 [Amended by1953 c.692 §6; 1955 c.712 §20; 1955 c.724 §3; 1957 c.65 §1; 1961 c.425 §11;1969 c.565 §3; repealed by 1973 c.175 §15]
603.031Additional users of establishment; fees; rules. (1) TheState Department of Agriculture may issue licenses under this chapter to one ormore additional users of a custom processing establishment, custom slaughteringestablishment, meat seller establishment, nonslaughtering processingestablishment or slaughterhouse that is licensed primarily for operation byanother person. A license issued to an additional user of an establishmentdescribed in this subsection shall cover all operations at that establishmentby the person licensed. Regardless of the number of persons licensed to use anestablishment described in this subsection, the department may not recognizemore than one person as the primary operator of the establishment.
(2)The department may assess a license fee to an additional user of anestablishment described in this section, calculated as provided in ORS 603.025.In calculating license fees under ORS 603.025, the establishment’s annual grossdollar volume of sales and services for an additional user of the establishmentis independent of the establishment’s annual gross dollar volume of sales forany other user or the primary operator of the establishment.
(3)Notwithstanding ORS 603.025, the department may adopt rules to establish thelicense expiration, renewal and application dates for additional users of anestablishment.
(4)The department may adopt rules to determine the responsibilities of anestablishment’s primary operator and additional users of the establishmentunder ORS 603.034, 603.045 (6), 603.055 and 603.059 and rules adopted under ORS603.055 and 603.085.
(5)A recognized primary operator of an establishment shall notify the departmentupon the expiration or termination of the rental or lease of the establishmentby an additional user of the establishment. The renting or leasing of an establishmentto a person licensed by the department as an additional user of theestablishment or the expiration or termination of use by a person licensed asan additional user of the establishment does not, by itself, constitute thetransfer of a business for purposes of ORS 603.027. [2007 c.645 §2]
603.033 [1955 c.724 §5;1965 c.483 §7; 1967 c.392 §1; 1969 c.565 §4; repealed by 1973 c.175 §15]
603.034Denial, suspension or revocation of license; multiple activities; licenseexemption.(1) In accordance with the provisions of ORS chapter 183, the State Departmentof Agriculture may suspend, revoke, or refuse to issue a license to anyapplicant or licensee whose establishment construction, equipment or sanitationdoes not meet the requirements of the State Meat Inspection Act as defined inORS chapter 619, or of ORS 599.205 and this chapter, or of the rulespromulgated thereunder.
(2)Notwithstanding the provisions of ORS chapter 183, upon conviction of alicensee of any violation of the State Meat Inspection Act, as defined in ORSchapter 619, or of any provisions of ORS 599.205 and this chapter, or of therules promulgated thereunder, or upon determination by the department that alicensee has failed to maintain the surety bond or letter of credit required byORS 603.025 (3), the department is authorized to forthwith suspend or revokesuch license. The department shall, by certified mail addressed to suchlicensee at the address shown on the license, render notice that such licensehas been revoked or suspended.
(3)Subject to ORS 603.025, authority to carry on more than one type of activity atthe same establishment shall be approved by the department only if there iscompliance with the laws and rules applicable to each separate activity.
(4)ORS 599.205 and this chapter shall not require a person to obtain a license toslaughter on the person’s own premises a meat animal, owned by the person, forthe person’s consumption or for consumption by members of the person’shousehold, nonpaying guests or employees. [1973 c.175 §5; 1975 c.703 §2; 1981c.248 §27; 1991 c.331 §93; 2007 c.645 §3]
603.035 [1953 c.692 §5;repealed by 1955 c.724 §17]
603.040 [Amended by1953 c.692 §6; 1955 c.724 §6; repealed by 1973 c.175 §15]
603.045Custom slaughter and processing regulations. A custom slaughteringestablishment or a custom processing establishment shall:
(1)Not buy or sell carcasses of meat animals, meat or meat products capable of useas human food unless such are marked, tagged or otherwise identified as inspectedmeat or meat products as required by ORS chapter 619.
(2)Mark, tag or otherwise identify all individually wrapped packages or containersof meat or meat products slaughtered or prepared for the owner of a meatanimal, at the time and in the manner prescribed by the State Department ofAgriculture, so as to protect the people of this state from the purchase, useor consumption of uninspected or unwholesome meat or meat products. In additionto such marking, tagging and identifying as the department may prescribe, eachsuch package or container shall be marked with the words “Not Inspected” and “NotFor Sale” in letters at least three-eighths inch in size.
(3)Provide the owner of the meat animal with a certificate, prescribed by thedepartment, giving the accurate weight of the carcass resulting from theslaughter of such animal and the weight of the resulting product delivered tothe owner.
(4)Provide the owner of the meat animal with certificate and tags, prescribed bythe department, establishing ownership of said carcass.
(5)Record, and deliver to the department as it directs:
(a)An accurate description of the breed characteristics and the brand or marks ofeach animal slaughtered.
(b)The name and address of the person from whom each such animal was received andthe date thereof.
(c)The name and address of the person to whom the meat products of each suchanimal were delivered upon completion of the slaughter or preparation and thedate thereof.
(6)Maintain and only utilize an establishment and equipment in accordance withrules promulgated by the department.
(7)Prepare and maintain records of all meat animals received by the establishmentfor slaughter. Such records shall include:
(a)The number and kind of poultry or rabbits or, in the case of other meatanimals, an accurate description of the breed characteristics and the brand ormarks of such other meat animal, slaughtered.
(b)The name and address of the person from whom each such animal was received andthe date thereof.
(c)The name and address of the person to whom the meat products of each suchanimal were delivered upon completion of the slaughter and the date thereof. [1973c.175 §6; 1977 c.758 §1]
603.050 [Amended by1955 c.724 §7; repealed by 1973 c.175 §15]
603.055Equipment and facilities requirements. Each establishment, other than thosesubject to ORS 603.045, shall maintain and only utilize an establishment andequipment in accordance with rules promulgated by the State Department ofAgriculture. [1973 c.175 §7]
603.059Unclean slaughterhouses prohibited. No owner or occupier of premises whereanimals are slaughtered shall permit the same to remain unclean, to the extentthat it constitutes a health hazard. [Formerly 433.710]
603.060 [Amended by1955 c.724 §8; 1959 c.239 §2; 1967 c.396 §2; repealed by 1969 c.565 §48]
603.065Slaughter methods.(1) Cattle, equines, sheep or swine shall be slaughtered by a licensee andhandled in connection with slaughter, by any method which:
(a)Renders each such animal insensible to pain by a single blow or gunshot or byan electrical, chemical or other means that is rapid and effective, before theanimal is shackled, hoisted, thrown, cast or cut; or
(b)Is in accordance with the ritual requirements of any religious faith thatprescribes a method of slaughter whereby the animal suffers loss ofconsciousness by anemia of the brain caused by the simultaneous andinstantaneous severance of the carotid arteries with a sharp instrument.
(2)No licensee engaged in the slaughter of animals described in subsection (1) ofthis section shall slaughter by any method other than therein described, norshall shackle, hoist, or otherwise bring such animals not previously renderedinsensible to pain in accordance with subsection (1) of this section intoposition for slaughter by any method which shall cause injury or pain. [1973c.175 §11]
603.070 [Amended by1955 c.724 §9; repealed by 1969 c.565 §48]
603.075Brand inspection service fee. The State Department of Agriculture mayimpose on any establishment required by the laws of this state to have brandinspection the service fee established under ORS 604.046 (2). Such fee isappropriated as set forth in ORS chapter 604. Notwithstanding ORS 604.046 (2),the department may waive the service fee under circumstances the departmentdeems appropriate. [1973 c.175 §8; 1975 c.574 §1; 1981 c.248 §19; 2007 c.229 §7]
603.080 [Amended by1955 c.724 §10; repealed by 1969 c.565 §48]
603.085Rulemaking authority.In accordance with the provisions of ORS chapter 183 the State Department ofAgriculture may promulgate rules necessary to carry out and enforce ORS 599.205and this chapter, including but not limited to:
(1)The methods of marking or tagging packages required by ORS 603.045 (2).
(2)The establishment of minimum standards of construction of establishments andequipment and of maintenance and sanitation of such establishments andequipment.
(3)The establishment of the major phases of processing and forms of thecertificates and tags required by ORS 603.045 (3) and (4). [1973 c.175 §9; 1981c.248 §28]
603.090 [Repealed by1955 c.724 §17]
603.091 [1959 c.565 §16;1969 c.565 §5; repealed by 1973 c.175 §15]
603.095Disposition of funds received by department. Except as provided in ORS 603.075,all moneys received by the State Department of Agriculture pursuant to ORS599.269 and this chapter shall be paid into the Department of AgricultureService Fund. Such moneys are continuously appropriated to the department forthe purpose of administering ORS 599.269, ORS chapters 604, 616 and 619 andthis chapter and for the purpose of administering such provisions of ORSchapters 162, 164 and 607 as apply to theft of livestock. [1973 c.175 §10; 1975c.574 §1a; 1979 c.499 §17; 1981 c.248 §32; 1982 s.s.1 c.4 §2]
603.100 [Repealed by1955 c.724 §17]
603.101 [1959 c.565 §17;1969 c.565 §6; repealed by 1973 c.175 §15]
603.110 [Repealed by1955 c.724 §17]
603.120 [Amended by1955 c.724 §11; repealed by 1973 c.175 §15]
603.130 [Repealed by1955 c.724 §17]
603.140 [Amended by1955 c.724 §12; repealed by 1973 c.175 §15]
603.150 [Amended by1955 c.724 §13; repealed by 1973 c.175 §15]
603.160 [Repealed by1973 c.175 §15]
603.170 [Repealed by1955 c.724 §17]