OAR 603-029-1560: Withholding Action or Suspension Without Prior Notification

(1) The Department may take a withholding action or impose a suspension without providing the state-inspected establishment prior notification if: (a) The state-inspected establishment produced and shipped adulterated or misbranded product as defined in 21 USC §§ 601-602 or 603-029-0010; (b) The state-inspected establishment does not have a HACCP plan as specified in 603-029-2205; (c) The state-inspected establishment does not have Sanitation Standard Operating Procedures as specified in 603-029-2145; (d) Sanitary conditions are such that products in the state-inspected establishment are or would be rendered adulterated; (e) The state-inspected establishment violated the terms of a regulatory control action; (f) A state-inspected establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with a Department employee; or (g) The state-inspected establishment did not destroy a condemned meat, meat product, or meat animal that has been found to be adulterated and that has not been reprocessed, in accordance with OAR 603-029-0800 to 603-029-0850, within three days of notification. (2) The Department also may impose a suspension without providing the state-inspected establishment prior notification because the state-inspected establishment is handling or slaughtering animals inhumanely.