Bill Text: OR SB693 | 2011 | Regular Session | Introduced
Bill Title: Relating to packaged ice; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB693 Detail]
Download: Oregon-2011-SB693-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3151
Senate Bill 693
Sponsored by COMMITTEE ON FINANCE AND REVENUE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires that packaged ice sold or offered for sale be made
from safe drinking water derived from water supplier and water
system that are in compliance with federal law and Oregon
Drinking Water Quality Act. Directs Oregon Health Authority to
adopt standards and rules for packaged ice sold or offered for
sale. Authorizes authority to impose civil penalty for
violation.
Becomes operative January 1, 2012.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to packaged ice; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 4 of this 2011 Act:
(1) 'Ice' means water that is frozen into a solid state and
that is intended for human consumption.
(2) 'Packaged ice' means ice that has been packaged for sale at
retail.
(3) 'Safe drinking water' has the meaning given that term in
ORS 448.115.
(4) 'Water supplier' has the meaning given that term in ORS
448.115.
(5) 'Water system' has the meaning given that term in ORS
448.115. + }
SECTION 2. { + Packaged ice that is manufactured, processed,
packaged, sold or offered for sale in this state must be made
from safe drinking water derived from a water supplier and a
water system that are in compliance with ORS 448.119 to 448.285,
454.235 and 454.255 and the National Primary Drinking Water
Regulations adopted pursuant to the federal Safe Drinking Water
Act, 42 U.S.C. 300f et seq. + }
SECTION 3. { + (1) The Oregon Health Authority shall adopt
rules establishing standards to ensure that packaged ice is
safely manufactured, processed, packaged, labeled, handled,
transported, stored, sold and offered for sale in this state.
(2) The standards must include, at a minimum, all of the
following:
(a) Methods, materials and instruments used to manufacture,
process, package, label, handle, transport, store and sell
packaged ice must preclude contamination at levels established by
the authority by rule.
(b) Air used for water agitation during the manufacture and
processing of packaged ice must be filtered or otherwise treated
so as to be free of oil, dust, dirt, insects, extraneous
materials and other contaminants.
(c) Spillage that occurs during the manufacture, processing,
packaging, labeling, handling, transportation and storage of
packaged ice must be disposed of and not used.
(d) Materials used to package packaged ice must:
(A) Be of food-grade quality as defined by the authority by
rule; and
(B) Have airtight closures, except that the packaging material
may contain pinholes or butterfly vents that do not exceed
one-fourth inch in diameter and that are located in the upper
one-third portion of the packaging material.
(e) Methods used to protect packaged ice from contamination
during manufacture, processing, packaging, labeling, handling,
transportation and storage must include, but need not be limited
to:
(A) Protections from spillage, splash and overhead dripping;
(B) Prohibiting the use of wooden platforms or pallets to
transport or store packaged ice unless they are designed or
covered with a surface that protects the packaged ice from
splintering and contamination; and
(C) Requiring that platforms, pallets, machinery, utensils,
tools or vehicles used in the handling, transportation or storage
of packaged ice are easily cleaned and sanitized or are replaced
between uses at a frequency determined by the authority by rule.
(f) Packaged ice may not at any time during manufacture,
processing, packaging, labeling, handling, transportation or
storage come into contact with the floor or ground.
(g) Labeling of packaged ice must be done in compliance with
federal law under 21 C.F.R. part 101 and labels must display a
date or lot code to facilitate traceability. + }
SECTION 4. { + (1) In addition to any other penalty provided
by law, a person who violates a provision of sections 1 to 4 of
this 2011 Act or any rule adopted by the Oregon Health Authority
pursuant to sections 1 to 4 of this 2011 Act is subject to a
civil penalty not to exceed $500 for each day of violation.
(2) The Director of the Oregon Health Authority shall adopt
rules that establish a schedule of the amounts of civil penalties
that may be imposed for first and subsequent violations.
(3) The director may impose the civil penalty without hearing
after providing the person that has incurred the penalty with at
least five days' advance written notice from the authority.
(4) In imposing a civil penalty pursuant to the schedule
adopted under this section, the director shall consider the
following factors:
(a) The past history of the person incurring the penalty in
taking all feasible steps or procedures necessary or appropriate
to correct any violation.
(b) Any prior violations of statutes, rules or orders
pertaining to the manufacture, processing, packaging, labeling,
handling, transportation, storage, sale or offer for sale of
packaged ice in this state.
(c) The financial circumstances of the person incurring the
penalty.
(5) The civil penalty imposed under this section may be
remitted or mitigated upon such terms and conditions as the
director considers proper and consistent with the public health
and safety. + }
SECTION 5. { + Sections 1 to 4 of this 2011 Act become
operative on January 1, 2012. + }
SECTION 6. { + The Oregon Health Authority may adopt rules and
take any other action before the operative date specified in
section 5 of this 2011 Act that is necessary for the authority to
exercise, on and after the operative date specified in section 5
of this 2011 Act, all of the duties, functions and powers
conferred on the authority by sections 1 to 4 of this 2011
Act. + }
SECTION 7. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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