635.027 Licenserequired for manufacture of nonalcoholic beverage; exceptions
635.030 Licenseapplication; fee; term; rules
635.040 Refusal,suspension or revocation of license
635.045 Rulemakingauthority of department relating to nonalcoholic beverage business
635.055 Standardsfor rules of department; conformity with federal rules
635.991 Criminalpenalties
635.995 Civilpenalties; rules; hearing; disposition of moneys
635.010 [Repealed by1967 c.154 §9]
635.015Definitions.As used in this chapter:
(1)“Department” means the State Department of Agriculture.
(2)“Nonalcoholic beverage manufacturing business” or the “business of anonalcoholic beverage manufacturer” means the operations and business of andthe owner or operator thereof, who manufactures, makes bottles, handles,distributes, holds for sale, or sells soda or soda waters, mineral waters,carbonated beverages and other nonalcoholic drinks or beverages otherwise knownas soft drinks, except those that are exempt as not covered as provided in ORS635.027 or those exempted by the department. [1967 c.154 §1]
635.020 [Repealed by1967 c.154 §9]
635.025Short title; enforcement by department. This chapter, which may be cited as theOregon Nonalcoholic Beverage Plant Law, shall be enforced and carried out bythe State Department of Agriculture. [1967 c.154 §2]
635.027License required for manufacture of nonalcoholic beverage; exceptions. (1) Except asotherwise provided in this chapter, no person shall operate or engage in thebusiness of a nonalcoholic beverage manufacturer without first obtaining andthereafter maintaining a license, or renewal thereof, from the State Departmentof Agriculture. No license is required of a person who:
(a)Sells nonalcoholic drink or beverage products in or from their originalcontainers at wholesale or retail.
(b)Mixes or sells nonalcoholic products in the usual course of business at a sodafountain.
(c)Engages in the nonalcoholic beverage manufacturing business in a building anduses machinery, equipment and all facilities that have been approved andlicensed by the department for use in the processing of fluid milk to belabeled with “grade ‘A’ “ pursuant to ORS chapter 621.
(2)The provisions of subsection (1) of this section do not exempt any person, orthe business of the person, from the application of any other provisions ofthis chapter. [1967 c.154 §3; 2005 c.22 §447]
635.030License application; fee; term; rules. (1) Any person desiring to or who doesengage in the business of a nonalcoholic beverage manufacturer shall apply tothe State Department of Agriculture for a license for each plant operated bysuch person. The application shall be in such form and contain such informationas the department may prescribe.
(2)Each nonalcoholic beverage manufacturer doing business in this state shall paya license fee.
(3)The license fees for a nonalcoholic beverage manufacturer are:
(a)$162 if the manufacturer’s annual gross sales are not more than $50,000;
(b)$271 if the manufacturer’s annual gross sales are more than $50,000 and notmore than $500,000;
(c)$379 if the manufacturer’s annual gross sales are more than $500,000 and notmore than $1 million;
(d)$595 if the manufacturer’s annual gross sales are more than $1 million and notmore than $5 million;
(e)$704 if the manufacturer’s annual gross sales are more than $5 million and notmore than $10 million; or
(f)$920 if the manufacturer’s annual gross sales are more than $10 million.
(4)In establishing the amount of the license fee for a manufacturer, thedepartment shall use the annual gross sales by that manufacturer within Oregonduring the prior calendar year or, if the manufacturer maintains sales recordson a fiscal basis, the prior fiscal year. If the manufacturer applying for anoriginal license or for a renewal license cannot provide the annual gross salesfor a full calendar year, the department shall base the fee on estimated annualgross sales by the manufacturer. If a manufacturer whose previous year’s feewas determined using an estimated gross sales figure applies for renewal ofthat license, the fee for the previous license year shall be adjusted toreflect the actual gross sales by the manufacturer.
(5)All such licenses shall expire on June 30 next following the date of issuanceor on such date as may be specified by department rule. The department shallcollect for each license and for each renewal thereof the license fee computedas provided in subsection (3) of this section. The fee shall be remitted by thedepartment to the State Treasurer. The State Treasurer shall place all moneysreceived under this section in the Department of Agriculture Service Fund.Moneys from fees imposed under this section are continuously appropriated tothe department for the purpose of administering and enforcing the provisions ofthis chapter. [Amended by 1955 c.666 §1; 1967 c.154 §4; 1979 c.183 §4; 1979c.499 §35; 1985 c.353 §5; 1991 c.632 §10; 2005 c.735 §§15,16; 2005 c.755 §52;2007 c.768 §§41,42]
635.040Refusal, suspension or revocation of license. The State Department ofAgriculture may refuse to issue, suspend or revoke any license for failure tocomply with this chapter, or regulations promulgated thereunder. [Amended by1961 c.425 §19]
635.045Rulemaking authority of department relating to nonalcoholic beverage business. After publichearing and under the provisions of ORS chapter 183, in connection with andcovering all of the operations and the business of a nonalcoholic beveragemanufacturer, and the beverage and drink products covered by ORS 635.015 to635.030 and 635.045 to 635.991, the State Department of Agriculture isauthorized to promulgate rules relating to:
(1)Definitions, standards of identity, marking, labeling, advertising, branding ortagging of such drink and beverage products.
(2)The subject matters set forth in ORS 616.700 (1).
(3)Storage, handling and use of ingredients which will be or are a part of thedrink and beverage products.
(4)Other subject matters set forth in ORS chapter 616, ORS 632.275 to 632.290,632.450 to 632.490 and 632.900 to 632.985 and other provisions reasonablynecessary to insure that the products are sanitary and healthful. [1967 c.154 §5;1983 c.740 §237]
635.050 [Repealed by1967 c.154 §9]
635.055Standards for rules of department; conformity with federal rules. In carrying outthe intent and purpose of ORS 635.045, the State Department of Agriculture, inaddition to taking into consideration the desires and needs of the nonalcoholicbeverage manufacturing industry and the evidence and testimony received at apublic hearing, shall take into consideration the laws and rules of this state,other states and the federal government. Unless there is substantial evidenceand testimony to the contrary, the department shall, as far as is reasonableand practical, make its rules conform to, and not be more restrictive than, therules of the federal Food and Drug Administration or other federal enforcementagency. [1967 c.154 §6; 1999 c.59 §187]
635.060 [Repealed by1955 c.666 §5]
635.061 [1955 c.666 §4;repealed by 1967 c.154 §9]
635.070 [Repealed by1967 c.154 §9]
635.080 [Repealed by1967 c.154 §9]
635.090 [Repealed by1967 c.154 §9]
635.100 [Repealed by1967 c.154 §9]
635.110 [Amended by1955 c.666 §2; repealed by 1967 c.154 §9]
635.120 [Repealed by1967 c.154 §9]
635.130 [Repealed by1955 c.666 §5]
635.140 [Repealed by1967 c.154 §9]
635.150 [Repealed by1967 c.154 §9]
635.160 [Repealed by1967 c.154 §9]
635.170 [Repealed by1967 c.154 §9]
635.180 [Repealed by1967 c.154 §9]
635.990 [Repealed by1967 c.154 §9]
635.991Criminal penalties.Violation of any provision of this chapter is punishable, upon conviction, by afine not exceeding $500 or by imprisonment in the county jail not exceeding sixmonths, or both. [1967 c.154 §8]
635.995Civil penalties; rules; hearing; disposition of moneys. (1) In additionto any penalty available under ORS 561.190 or 635.991, the State Department ofAgriculture may impose a civil penalty for a violation of this chapter or ofrules or regulations adopted under this chapter. For the purposes of thissection, each day a violation continues after the period of time establishedfor compliance shall be considered a separate violation unless the departmentfinds that a different period of time is more appropriate to describe aspecific violation event.
(2)The department may adopt rules establishing a schedule of civil penalties thatmay be imposed under this section. Civil penalties imposed under this sectionmay not exceed $10,000 for each violation.
(3)When the department imposes a civil penalty under subsection (1) of thissection, the department shall impose the penalty in the manner provided by ORS183.745, except that the written application for a hearing must be received bythe department no later than 10 days after the date of mailing or personalservice of the notice of civil penalty.
(4)Moneys received by the department from civil penalties imposed under thissection shall be deposited in the General Fund to the credit of the Departmentof Agriculture Account. [2009 c.175 §26]
635.027 Licenserequired for manufacture of nonalcoholic beverage; exceptions
635.030 Licenseapplication; fee; term; rules
635.040 Refusal,suspension or revocation of license
635.045 Rulemakingauthority of department relating to nonalcoholic beverage business
635.055 Standardsfor rules of department; conformity with federal rules
635.991 Criminalpenalties
635.995 Civilpenalties; rules; hearing; disposition of moneys
635.010 [Repealed by1967 c.154 §9]
635.015Definitions.As used in this chapter:
(1)“Department” means the State Department of Agriculture.
(2)“Nonalcoholic beverage manufacturing business” or the “business of anonalcoholic beverage manufacturer” means the operations and business of andthe owner or operator thereof, who manufactures, makes bottles, handles,distributes, holds for sale, or sells soda or soda waters, mineral waters,carbonated beverages and other nonalcoholic drinks or beverages otherwise knownas soft drinks, except those that are exempt as not covered as provided in ORS635.027 or those exempted by the department. [1967 c.154 §1]
635.020 [Repealed by1967 c.154 §9]
635.025Short title; enforcement by department. This chapter, which may be cited as theOregon Nonalcoholic Beverage Plant Law, shall be enforced and carried out bythe State Department of Agriculture. [1967 c.154 §2]
635.027License required for manufacture of nonalcoholic beverage; exceptions. (1) Except asotherwise provided in this chapter, no person shall operate or engage in thebusiness of a nonalcoholic beverage manufacturer without first obtaining andthereafter maintaining a license, or renewal thereof, from the State Departmentof Agriculture. No license is required of a person who:
(a)Sells nonalcoholic drink or beverage products in or from their originalcontainers at wholesale or retail.
(b)Mixes or sells nonalcoholic products in the usual course of business at a sodafountain.
(c)Engages in the nonalcoholic beverage manufacturing business in a building anduses machinery, equipment and all facilities that have been approved andlicensed by the department for use in the processing of fluid milk to belabeled with “grade ‘A’ “ pursuant to ORS chapter 621.
(2)The provisions of subsection (1) of this section do not exempt any person, orthe business of the person, from the application of any other provisions ofthis chapter. [1967 c.154 §3; 2005 c.22 §447]
635.030License application; fee; term; rules. (1) Any person desiring to or who doesengage in the business of a nonalcoholic beverage manufacturer shall apply tothe State Department of Agriculture for a license for each plant operated bysuch person. The application shall be in such form and contain such informationas the department may prescribe.
(2)Each nonalcoholic beverage manufacturer doing business in this state shall paya license fee.
(3)The license fees for a nonalcoholic beverage manufacturer are:
(a)$162 if the manufacturer’s annual gross sales are not more than $50,000;
(b)$271 if the manufacturer’s annual gross sales are more than $50,000 and notmore than $500,000;
(c)$379 if the manufacturer’s annual gross sales are more than $500,000 and notmore than $1 million;
(d)$595 if the manufacturer’s annual gross sales are more than $1 million and notmore than $5 million;
(e)$704 if the manufacturer’s annual gross sales are more than $5 million and notmore than $10 million; or
(f)$920 if the manufacturer’s annual gross sales are more than $10 million.
(4)In establishing the amount of the license fee for a manufacturer, thedepartment shall use the annual gross sales by that manufacturer within Oregonduring the prior calendar year or, if the manufacturer maintains sales recordson a fiscal basis, the prior fiscal year. If the manufacturer applying for anoriginal license or for a renewal license cannot provide the annual gross salesfor a full calendar year, the department shall base the fee on estimated annualgross sales by the manufacturer. If a manufacturer whose previous year’s feewas determined using an estimated gross sales figure applies for renewal ofthat license, the fee for the previous license year shall be adjusted toreflect the actual gross sales by the manufacturer.
(5)All such licenses shall expire on June 30 next following the date of issuanceor on such date as may be specified by department rule. The department shallcollect for each license and for each renewal thereof the license fee computedas provided in subsection (3) of this section. The fee shall be remitted by thedepartment to the State Treasurer. The State Treasurer shall place all moneysreceived under this section in the Department of Agriculture Service Fund.Moneys from fees imposed under this section are continuously appropriated tothe department for the purpose of administering and enforcing the provisions ofthis chapter. [Amended by 1955 c.666 §1; 1967 c.154 §4; 1979 c.183 §4; 1979c.499 §35; 1985 c.353 §5; 1991 c.632 §10; 2005 c.735 §§15,16; 2005 c.755 §52;2007 c.768 §§41,42]
635.040Refusal, suspension or revocation of license. The State Department ofAgriculture may refuse to issue, suspend or revoke any license for failure tocomply with this chapter, or regulations promulgated thereunder. [Amended by1961 c.425 §19]
635.045Rulemaking authority of department relating to nonalcoholic beverage business. After publichearing and under the provisions of ORS chapter 183, in connection with andcovering all of the operations and the business of a nonalcoholic beveragemanufacturer, and the beverage and drink products covered by ORS 635.015 to635.030 and 635.045 to 635.991, the State Department of Agriculture isauthorized to promulgate rules relating to:
(1)Definitions, standards of identity, marking, labeling, advertising, branding ortagging of such drink and beverage products.
(2)The subject matters set forth in ORS 616.700 (1).
(3)Storage, handling and use of ingredients which will be or are a part of thedrink and beverage products.
(4)Other subject matters set forth in ORS chapter 616, ORS 632.275 to 632.290,632.450 to 632.490 and 632.900 to 632.985 and other provisions reasonablynecessary to insure that the products are sanitary and healthful. [1967 c.154 §5;1983 c.740 §237]
635.050 [Repealed by1967 c.154 §9]
635.055Standards for rules of department; conformity with federal rules. In carrying outthe intent and purpose of ORS 635.045, the State Department of Agriculture, inaddition to taking into consideration the desires and needs of the nonalcoholicbeverage manufacturing industry and the evidence and testimony received at apublic hearing, shall take into consideration the laws and rules of this state,other states and the federal government. Unless there is substantial evidenceand testimony to the contrary, the department shall, as far as is reasonableand practical, make its rules conform to, and not be more restrictive than, therules of the federal Food and Drug Administration or other federal enforcementagency. [1967 c.154 §6; 1999 c.59 §187]
635.060 [Repealed by1955 c.666 §5]
635.061 [1955 c.666 §4;repealed by 1967 c.154 §9]
635.070 [Repealed by1967 c.154 §9]
635.080 [Repealed by1967 c.154 §9]
635.090 [Repealed by1967 c.154 §9]
635.100 [Repealed by1967 c.154 §9]
635.110 [Amended by1955 c.666 §2; repealed by 1967 c.154 §9]
635.120 [Repealed by1967 c.154 §9]
635.130 [Repealed by1955 c.666 §5]
635.140 [Repealed by1967 c.154 §9]
635.150 [Repealed by1967 c.154 §9]
635.160 [Repealed by1967 c.154 §9]
635.170 [Repealed by1967 c.154 §9]
635.180 [Repealed by1967 c.154 §9]
635.990 [Repealed by1967 c.154 §9]
635.991Criminal penalties.Violation of any provision of this chapter is punishable, upon conviction, by afine not exceeding $500 or by imprisonment in the county jail not exceeding sixmonths, or both. [1967 c.154 §8]
635.995Civil penalties; rules; hearing; disposition of moneys. (1) In additionto any penalty available under ORS 561.190 or 635.991, the State Department ofAgriculture may impose a civil penalty for a violation of this chapter or ofrules or regulations adopted under this chapter. For the purposes of thissection, each day a violation continues after the period of time establishedfor compliance shall be considered a separate violation unless the departmentfinds that a different period of time is more appropriate to describe aspecific violation event.
(2)The department may adopt rules establishing a schedule of civil penalties thatmay be imposed under this section. Civil penalties imposed under this sectionmay not exceed $10,000 for each violation.
(3)When the department imposes a civil penalty under subsection (1) of thissection, the department shall impose the penalty in the manner provided by ORS183.745, except that the written application for a hearing must be received bythe department no later than 10 days after the date of mailing or personalservice of the notice of civil penalty.
(4)Moneys received by the department from civil penalties imposed under thissection shall be deposited in the General Fund to the credit of the Departmentof Agriculture Account. [2009 c.175 §26]
635.027 Licenserequired for manufacture of nonalcoholic beverage; exceptions
635.030 Licenseapplication; fee; term; rules
635.040 Refusal,suspension or revocation of license
635.045 Rulemakingauthority of department relating to nonalcoholic beverage business
635.055 Standardsfor rules of department; conformity with federal rules
635.991 Criminalpenalties
635.995 Civilpenalties; rules; hearing; disposition of moneys
635.010 [Repealed by1967 c.154 §9]
635.015Definitions.As used in this chapter:
(1)“Department” means the State Department of Agriculture.
(2)“Nonalcoholic beverage manufacturing business” or the “business of anonalcoholic beverage manufacturer” means the operations and business of andthe owner or operator thereof, who manufactures, makes bottles, handles,distributes, holds for sale, or sells soda or soda waters, mineral waters,carbonated beverages and other nonalcoholic drinks or beverages otherwise knownas soft drinks, except those that are exempt as not covered as provided in ORS635.027 or those exempted by the department. [1967 c.154 §1]
635.020 [Repealed by1967 c.154 §9]
635.025Short title; enforcement by department. This chapter, which may be cited as theOregon Nonalcoholic Beverage Plant Law, shall be enforced and carried out bythe State Department of Agriculture. [1967 c.154 §2]
635.027License required for manufacture of nonalcoholic beverage; exceptions. (1) Except asotherwise provided in this chapter, no person shall operate or engage in thebusiness of a nonalcoholic beverage manufacturer without first obtaining andthereafter maintaining a license, or renewal thereof, from the State Departmentof Agriculture. No license is required of a person who:
(a)Sells nonalcoholic drink or beverage products in or from their originalcontainers at wholesale or retail.
(b)Mixes or sells nonalcoholic products in the usual course of business at a sodafountain.
(c)Engages in the nonalcoholic beverage manufacturing business in a building anduses machinery, equipment and all facilities that have been approved andlicensed by the department for use in the processing of fluid milk to belabeled with “grade ‘A’ “ pursuant to ORS chapter 621.
(2)The provisions of subsection (1) of this section do not exempt any person, orthe business of the person, from the application of any other provisions ofthis chapter. [1967 c.154 §3; 2005 c.22 §447]
635.030License application; fee; term; rules. (1) Any person desiring to or who doesengage in the business of a nonalcoholic beverage manufacturer shall apply tothe State Department of Agriculture for a license for each plant operated bysuch person. The application shall be in such form and contain such informationas the department may prescribe.
(2)Each nonalcoholic beverage manufacturer doing business in this state shall paya license fee.
(3)The license fees for a nonalcoholic beverage manufacturer are:
(a)$162 if the manufacturer’s annual gross sales are not more than $50,000;
(b)$271 if the manufacturer’s annual gross sales are more than $50,000 and notmore than $500,000;
(c)$379 if the manufacturer’s annual gross sales are more than $500,000 and notmore than $1 million;
(d)$595 if the manufacturer’s annual gross sales are more than $1 million and notmore than $5 million;
(e)$704 if the manufacturer’s annual gross sales are more than $5 million and notmore than $10 million; or
(f)$920 if the manufacturer’s annual gross sales are more than $10 million.
(4)In establishing the amount of the license fee for a manufacturer, thedepartment shall use the annual gross sales by that manufacturer within Oregonduring the prior calendar year or, if the manufacturer maintains sales recordson a fiscal basis, the prior fiscal year. If the manufacturer applying for anoriginal license or for a renewal license cannot provide the annual gross salesfor a full calendar year, the department shall base the fee on estimated annualgross sales by the manufacturer. If a manufacturer whose previous year’s feewas determined using an estimated gross sales figure applies for renewal ofthat license, the fee for the previous license year shall be adjusted toreflect the actual gross sales by the manufacturer.
(5)All such licenses shall expire on June 30 next following the date of issuanceor on such date as may be specified by department rule. The department shallcollect for each license and for each renewal thereof the license fee computedas provided in subsection (3) of this section. The fee shall be remitted by thedepartment to the State Treasurer. The State Treasurer shall place all moneysreceived under this section in the Department of Agriculture Service Fund.Moneys from fees imposed under this section are continuously appropriated tothe department for the purpose of administering and enforcing the provisions ofthis chapter. [Amended by 1955 c.666 §1; 1967 c.154 §4; 1979 c.183 §4; 1979c.499 §35; 1985 c.353 §5; 1991 c.632 §10; 2005 c.735 §§15,16; 2005 c.755 §52;2007 c.768 §§41,42]
635.040Refusal, suspension or revocation of license. The State Department ofAgriculture may refuse to issue, suspend or revoke any license for failure tocomply with this chapter, or regulations promulgated thereunder. [Amended by1961 c.425 §19]
635.045Rulemaking authority of department relating to nonalcoholic beverage business. After publichearing and under the provisions of ORS chapter 183, in connection with andcovering all of the operations and the business of a nonalcoholic beveragemanufacturer, and the beverage and drink products covered by ORS 635.015 to635.030 and 635.045 to 635.991, the State Department of Agriculture isauthorized to promulgate rules relating to:
(1)Definitions, standards of identity, marking, labeling, advertising, branding ortagging of such drink and beverage products.
(2)The subject matters set forth in ORS 616.700 (1).
(3)Storage, handling and use of ingredients which will be or are a part of thedrink and beverage products.
(4)Other subject matters set forth in ORS chapter 616, ORS 632.275 to 632.290,632.450 to 632.490 and 632.900 to 632.985 and other provisions reasonablynecessary to insure that the products are sanitary and healthful. [1967 c.154 §5;1983 c.740 §237]
635.050 [Repealed by1967 c.154 §9]
635.055Standards for rules of department; conformity with federal rules. In carrying outthe intent and purpose of ORS 635.045, the State Department of Agriculture, inaddition to taking into consideration the desires and needs of the nonalcoholicbeverage manufacturing industry and the evidence and testimony received at apublic hearing, shall take into consideration the laws and rules of this state,other states and the federal government. Unless there is substantial evidenceand testimony to the contrary, the department shall, as far as is reasonableand practical, make its rules conform to, and not be more restrictive than, therules of the federal Food and Drug Administration or other federal enforcementagency. [1967 c.154 §6; 1999 c.59 §187]
635.060 [Repealed by1955 c.666 §5]
635.061 [1955 c.666 §4;repealed by 1967 c.154 §9]
635.070 [Repealed by1967 c.154 §9]
635.080 [Repealed by1967 c.154 §9]
635.090 [Repealed by1967 c.154 §9]
635.100 [Repealed by1967 c.154 §9]
635.110 [Amended by1955 c.666 §2; repealed by 1967 c.154 §9]
635.120 [Repealed by1967 c.154 §9]
635.130 [Repealed by1955 c.666 §5]
635.140 [Repealed by1967 c.154 §9]
635.150 [Repealed by1967 c.154 §9]
635.160 [Repealed by1967 c.154 §9]
635.170 [Repealed by1967 c.154 §9]
635.180 [Repealed by1967 c.154 §9]
635.990 [Repealed by1967 c.154 §9]
635.991Criminal penalties.Violation of any provision of this chapter is punishable, upon conviction, by afine not exceeding $500 or by imprisonment in the county jail not exceeding sixmonths, or both. [1967 c.154 §8]
635.995Civil penalties; rules; hearing; disposition of moneys. (1) In additionto any penalty available under ORS 561.190 or 635.991, the State Department ofAgriculture may impose a civil penalty for a violation of this chapter or ofrules or regulations adopted under this chapter. For the purposes of thissection, each day a violation continues after the period of time establishedfor compliance shall be considered a separate violation unless the departmentfinds that a different period of time is more appropriate to describe aspecific violation event.
(2)The department may adopt rules establishing a schedule of civil penalties thatmay be imposed under this section. Civil penalties imposed under this sectionmay not exceed $10,000 for each violation.
(3)When the department imposes a civil penalty under subsection (1) of thissection, the department shall impose the penalty in the manner provided by ORS183.745, except that the written application for a hearing must be received bythe department no later than 10 days after the date of mailing or personalservice of the notice of civil penalty.
(4)Moneys received by the department from civil penalties imposed under thissection shall be deposited in the General Fund to the credit of the Departmentof Agriculture Account. [2009 c.175 §26]
