OAR 603-024-0585: Suspension Order

(1) Whenever the department is presented epidemiological evidence as determined by the Health Division of the Department of Human Resources which indicates that raw milk from a licensed raw milk producer-distributor is the suspected source of human infection, the department shall issue an order immediately suspending the sale of such milk unless it is first diverted to a pasteurization plant. In addition, the department shall order that all raw milk produced by the producer-distributor be immediately seized, detained or embargoed pursuant to ORS 561.605 to 561.620. The producer-distributor may appeal the department’s order as provided in ORS 561.605 to 561.620. (2) Unless otherwise directed, the order shall remain in effect until herd testing and genetic fingerprinting either support or are inconsistent with the epidemiological evidence. If subsequent heard testing supports the epidemiological link, the department’s order suspending raw milk sales shall remain in effect until the producer-distributor satisfactorily documents that it has complied with the protocols in section (3) of this rule. If subsequent herd testing does not support the epidemiological link, the department shall lift the suspension order, allowing raw milk sales to resume. (3) The protocols for re-establishing raw milk sales are: (a) The entire dairy herd tested as appropriate at the dairy’s expense; (b) All samples must be collected by an accredited veterinarian and tested in a laboratory acceptable to the department.