(1) The State Department of Agriculture shall establish official state standards of quality for all forms of fluid milk in the manner prescribed by ORS § 632.900 to 632.935.

(2) The standards of quality established for fluid milk shall be based upon:

(a) The health of the cows, sheep and goats;

(b) The physical facilities of dairy farms and milk processing plants;

(c) The standard of sanitary maintenance of dairy farms and milk processing plants including equipment used therein, the cleanliness of operating personnel and the cleanliness of adjacent land areas;

(d) The physical facilities for the transportation of fluid milk and the methods and standards of sanitary maintenance of those facilities;

(e) The quality and nutritional value of fluid milk as a human food as determined by examination; and

(f) Any other factor found by the department, upon hearing, to affect the quality, odor, flavor or wholesomeness of fluid milk.

(3) The department, by rule, may establish definitions and standards of identity for all types of fluid milk. To the extent that the department considers practicable and applicable in this state, the definitions and standards of identity established by rule of the department shall conform to the definitions and standards of identity made under 21 C.F.R. part 131. The department may change the definitions and standards of identity from time to time as the department considers desirable to conform with alterations or amendments to the federal definitions and standards of identity. [Amended by 1971 c.769 § 1; 1981 c.523 § 3; 1999 c.197 § 8]