Or. Admin. Code § 603-029-1580

Current through Register Vol. 63, No. 12, December 1, 2024

Section 603-029-1580 - Refusal to Approve Marks, Labels, or Containers; Rescinding Such Approval

(1) The Department may rescind or refuse approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat product not in accordance with OAR 603-029-1002.

(2) If the Department rescinds or refuses approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat product, the Department shall issue a written notice that:

(a) States the effective date of the action;

(b) Explains the reason for rescinding or refusing the approval;

(c) Provides an opportunity for the state-inspected establishment to modify the marking, labeling, or container so that it will no longer be false or misleading; and

(d) Advises the state-inspected establishment of its opportunity to submit a written statement to respond to the notice;

(e) Complies with the requirements of ORS 183.415.

(3) If the Department rescinds or refuses approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat product, a state-inspected establishment may file a written request for a hearing with the Department within 20 days of issuance of the Department's written notice. If the state-inspected 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.

(4) If the Department determines that the false or misleading marks, labels, or sizes or forms of any container for use with any meat product pose a serious danger to the public health or safety, the Department may make the rescinding of its approval effective immediately. In such circumstances, OAR 137-003-0560 is applicable.

Or. Admin. Code § 603-029-1580

DOA 19-2022, adopt filed 07/27/2022, effective 7/28/2022

Statutory/Other Authority: ORS 603.085, ORS 619.042 & ORS 619.046

Statutes/Other Implemented: ORS 619.042, ORS 619.046, ORS 619.026 & ORS 619.036