OAR 603-029-1515: Conduct of Hearing Regarding Seizure, Embargo, or Detainment; Action by Department Following Hearing

(1) A hearing regarding a seizure, embargo, or detainment shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. The hearing shall be conducted pursuant to the procedures for contested cases under ORS chapter 183 and OAR chapter 137, division 3. (2) If it appears that the meat, meat product, or meat animal is not being stored, sold, kept, offered, or exposed for sale in violation of law, it shall be released to the owner or person in possession. If it appears that all or part of the meat, meat product, or meat animal may be reconditioned or relabeled or segregated in such a way as to comply with state laws, the owner or person in possession may cause it to be reconditioned, relabeled, or segregated at the owner’s or person’s own expense, after which the Department shall release it. If it appears that all or a part of the meat, meat product, or meat animal may not be reconditioned, relabeled or segregated in such a way as to comply with state laws, that portion which may not be so treated shall be destroyed, unless the owner or person in possession executes and delivers to the Department a good and sufficient bond to the effect that the meat, meat product, or meat animal shall not be sold, disposed of or used contrary to the laws of Oregon and the rules, regulations or orders thereunder promulgated. If any meat, meat product, or meat animal is found to be unfit for human consumption but suitable for animal feeding, it may be used for animal feeding as permitted by the Department.