(1) A person engaged in manufacturing, selling, offering for sale, advertising or otherwise dealing in any product used or intended for use as a substitute for or imitation of a dairy product or fluid milk shall not use a trade or corporate name or product name, description, label, package, container, advertising matter or sales literature employing the terms ‘milk,’ ‘butter,’ ‘cream,’ ‘creamery,’ ‘churn,’ ‘cheese,’ ‘cow’ or ‘dairy’ except in connection with imitation milk products.

Terms Used In Oregon Statutes 621.435

  • Container: means milk and cream cans, farm milk tanks, milk tank trucks, milk storage tanks, pasteurizing vats, cheese vats, butter churns, butter tubs, cheese hoops and any other receptacle designed for use or used to hold fluid milk, milk or dairy products. See Oregon Statutes 621.003
  • Fluid milk: means milk and any other product made by the addition of a substance to milk or to a liquid form of milk product if the milk or other product is produced, processed, distributed, sold or offered or exposed for sale for human consumption. See Oregon Statutes 621.003
  • Milk: means the lacteal secretion of cows, sheep and goats. See Oregon Statutes 621.003
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) A person described in subsection (1) of this section shall not use any pictorial or other representations resembling a dairy product or fluid milk in or on the labels, packages, containers, advertising matter or literature of a substitute or imitation product described in subsection (1) of this section in a manner suggesting that the product is made of milk.

(3) This section does not forbid a true statement concerning the ingredients or composition of a product if the statement is not misleading or in any way deceptive.

(4) Subsections (1) and (2) of this section do not apply to products manufactured in this state for the purpose of shipping out of the state and not offered for sale in this state. [Amended by 1963 c.165 § 7; 1999 c.197 § 53]

 

[Repealed by 1999 c.197 § 61]