As used in ORS
625.010 to 625.270, unless the context requires otherwise:
(1) “Bakery” means any place, premises or establishment where any
bakery product is regularly prepared, processed or manufactured for sale
other than for consumption on the premises where originally prepared,
processed or manufactured.
(2) “Bakery product” includes bread, rolls, cakes, pies, doughnuts
and all similar goods, to be used for human food, but does not include
cookies, biscuits or crackers.
(3) “Container” means the container or wrapper in which bakery
products are sold or offered for sale.
(4) “Department” means the State Department of Agriculture.
(5) “Distributor” means any person other than a bakery engaged
within the state in the selling, marketing, or distributing at wholesale
or retail any bakery products but does not include:
(a) Any person distributing solely bakery products manufactured by
the person in a bakery licensed under ORS 625.010 to 625.270.
(b) Any retail food store selling or making delivery from a fixed
place of business.
(6) “Label” or “labeled” means:
(a) The words “Net Weight” or the abbreviation thereof “Net Wt.”;
and
(b) The applicable net weight as prescribed and required for each
such loaf of bread; and
(c) The name and place of business of the manufacturer or
distributor; and
(d) The identity of the bakery product within the container; and
(e) Such other information and wording as may be required by rules
promulgated by the department under the authority granted by ORS 625.160.
(7) “Person” includes an individual, partnership, corporation,
association or club. [Amended by 1955 c.298 §1; 1959 c.370 §1; 1963 c.594
§2; 1969 c.192 §1; 1987 c.472 §1] (1) Except
as provided in subsection (2) of this section, no person shall operate or
participate in the operation of any bakery within this state without a
bakery license for that bakery, issued and in effect under ORS 625.010 to
625.270.
(2) A license is not required for a domestic kitchen type bakery
that is operated in behalf of a nonprofit institution or is otherwise not
operated for profit. [Amended by 1975 c.312 §1]Application for a bakery license
shall be made in writing to the State Department of Agriculture on forms
supplied by the department. After receipt of the application and the fees
required by ORS 625.180, the department shall cause to be made a proper
detailed inspection of the premises and equipment or of the plans and
specifications of the bakery involved. If the department finds that the
premises and equipment are or will be of a sanitary construction, design
or condition and that the applicant has complied with and will be able to
comply with ORS 625.010 to 625.270, the application shall be approved and
the department shall issue to the applicant a numbered license
certificate bearing the name and address of the licensee and of the
premises licensed. The State Department of
Agriculture shall refuse to grant any application for a bakery license if
the department finds after proper investigation that any of the following
has occurred:
(1) The applicant has made to the department any false statement of
a material nature.
(2) The premises or equipment of the bakery sought to be licensed
are not of a sanitary construction, design or condition. However, this
section may not be applied to prevent licensing and operation of a bakery
solely because the bakery is in an area that is part of and not separate
from a domestic kitchen if the bakery is upon investigation by the
department found to be constructed and maintained in a clean, healthful
and sanitary condition.
(3) The applicant has failed to comply with ORS 625.010 to 625.270
or any other applicable law of this state relative to bakeries or bakery
products or any regulation in effect thereunder, except that if it is
determined that an applicant has not so complied the applicant shall be
allowed a reasonable time, not exceeding 30 days, within which to comply,
and the refusal or neglect of the applicant to comply within that period
is cause for denial of the application. [Amended by 1973 c.243 §1; 2005
c.22 §441] Each bakery
license may be renewed annually by paying to the State Department of
Agriculture the required annual license fee. The license is not
transferable to any person or applicable to any location other than that
for which originally issued. [Amended by 1989 c.253 §1] The State Department of
Agriculture may cancel or suspend any bakery license if it finds after
proper investigation that:
(1) The licensee has violated any provision of ORS 625.010 to
625.270 or of any other law of this state relating to the operation of
bakeries or the manufacture or handling of any bakery product, or any
regulation effective thereunder; or
(2) The licensed bakery premises or any equipment used therein or
in connection therewith is in an insanitary condition and the licensee
has failed or refused to remedy the condition within 10 days after
receipt from the department of written notice so to do. The operator of the
licensed bakery shall keep the numbered license certificate posted
conspicuously on the licensed premises. In the event of revocation or
suspension of the license, the certificate shall be surrendered by the
licensee to the State Department of Agriculture promptly upon demand. No person shall engage
within this state in the sale or distribution of any bakery product,
other than exclusively as a retail food store or otherwise at retail at a
fixed place or places of business, without holding a license so to do
issued to that person by the State Department of Agriculture; but this
does not affect the delivery of bakery products sold in a retail food
store. A distributor’s license is not required of any person distributing
solely bakery products manufactured by the person in a bakery licensed
under ORS 625.010 to 625.270.Application for a
distributor’s license shall be filed in writing with the State Department
of Agriculture on the form prescribed and supplied by the department.
After receipt of the application and the fees required by ORS 625.180,
the department shall cause to be made a proper detailed inspection of the
premises and equipment to be used by the applicant in distribution within
this state of bakery products. If the department finds that the premises
and equipment are or will be of a sanitary construction, design or
condition and that the applicant has complied with and will be able to
comply with ORS 625.010 to 625.270, the application shall be approved and
there shall be issued to the applicant a numbered license certificate
bearing the name and address of the licensee.The State Department of Agriculture may refuse to
issue or may revoke or suspend any distributor’s license by reason of the
violation or participation of the distributor in a violation of ORS
625.010 to 625.270 or of any other law of this state relating or
applicable to the sanitary handling, storage, packaging, sale,
transportation or distribution of bakery products, or of any regulation
effective thereunder. Each
distributor’s license may be renewed annually upon written application to
the State Department of Agriculture and payment of the required annual
license fee for the following year. A distributor’s license is not
transferable and is strictly personal to the person to whom issued.
[Amended by 1989 c.253 §2] The distributor’s
numbered license certificate shall be kept posted conspicuously at the
licensee’s principal public place of business within this state. The
licensee shall also cause to be displayed conspicuously on the outside of
each vehicle used by the licensee in distribution of bakery products the
statement “State Bakery Distributor’s License No.___,” including the
proper license number. In event of revocation or suspension of the
license, the certificate shall be surrendered by the licensee to the
State Department of Agriculture promptly upon demand. The State Department
of Agriculture shall cause to be made periodically a thorough inspection
of each licensed bakery to determine whether or not the premises are
constructed, equipped and operated in accordance with the requirements of
ORS 625.010 to 625.270 and of all other laws of this state relating to
bakeries or bakery products and all regulations effective thereunder.
Such inspection shall also be made of each vehicle used by a bakery or
distributor licensed under ORS 625.010 to 625.270 in transporting or
distributing any bakery product within this state. The State Department of Agriculture
shall prescribe reasonable sanitation requirements, not inconsistent with
existing laws or regulations issued thereunder, governing the storing,
handling, mixing, preparation, processing, manufacture, transportation
and distribution of bakery products, and the design, construction,
installation, maintenance, use, care and cleaning of utensils and
equipment used therein or in connection therewith. Upon promulgation of
any such regulation, any violation thereof is punishable as provided in
ORS 625.990. Any such regulation may be amended, altered or repealed by
(1) The State Department of
Agriculture has the powers necessary to enable it to carry out the
provisions of ORS 625.010 to 625.270. The department may adopt rules
necessary to carry out the provisions of ORS 625.010 to 625.270, and may
amend or repeal the rules.
(2) Such rules shall include, but not be limited to, the following:
(a) The location of advertising, lettering, wording or figures that
appear on a bakery product container and the minimum contents thereof.
(b) The size, form and method of printing to be used in labeling.
(c) Standards of identity, standards of weight and standards of
quality for bakery products which shall be compatible with the federal
(1) Every bakery or bakery distributor doing
business in this state shall pay a license fee.
(2) Except as provided in subsection (4) of this section, the
license fees for a distributor may not be less than $25 and may not
exceed $100. Except as provided in subsection (4) of this section, the
fees for a bakery, other than a domestic kitchen bakery, are:
(a) $225 if the bakery’s annual gross sales are not more than
$50,000;
(b) $350 if the bakery’s annual gross sales are more than $50,000
and not more than $500,000;
(c) $450 if the bakery’s annual gross sales are more than $500,000
and not more than $1 million;
(d) $750 if the bakery’s annual gross sales are more than $1
million and not more than $5 million;
(e) $1,000 if the bakery’s annual gross sales are more than $5
million and not more than $10 million; or
(f) $1,500 if the bakery’s annual gross sales are more than $10
million.
(3) Except as provided in subsection (4) of this section, the
license fees for a domestic kitchen bakery are:
(a) $140 if the bakery’s annual gross sales are not more than
$50,000;
(b) $200 if the bakery’s annual gross sales are more than $50,000
and not more than $500,000;
(c) $300 if the bakery’s annual gross sales are more than $500,000
and not more than $1 million;
(d) $450 if the bakery’s annual gross sales are more than $1
million and not more than $5 million;
(e) $600 if the bakery’s annual gross sales are more than $5
million and not more than $10 million; or
(f) $750 if the bakery’s annual gross sales are more than $10
million.
(4) The department shall increase the license fee amounts described
in subsections (2) and (3) of this section by two percent annually,
rounded to the nearest whole dollar amount for assessment and collection
purposes. The department shall determine each annual increase using the
unrounded figure from the preceding year. The first increase in the fee
amounts shall occur on July 1, 2006.
(5) In establishing the amount of the license fee for a bakery or
bakery distributor, the department shall use the annual gross sales by
that bakery or distributor within Oregon during the prior calendar year
or, if the bakery or distributor maintains sales records on a fiscal
basis, the prior fiscal year. If the bakery or distributor applying for
an original license or for a renewal license cannot provide the annual
gross sales for a full calendar year, the department shall base the fee
on estimated annual gross sales by the bakery or distributor. If a bakery
or distributor whose previous year’s fee was determined using an
estimated gross sales figure applies for renewal of that license, the fee
for the previous license year shall be adjusted to reflect the actual
gross sales by the bakery or distributor. [Amended by 1967 c.244 §1; 1973
c.243 §2; 1975 c.312 §2; 1982 s.s.1 c.4 §11; 1983 c.503 §1; 1989 c.253
§3; 1991 c.632
§6; 2005 c.22 §442; 2005 c.735 §13]Note: The amendments to 625.180 by section 14, chapter 735, Oregon
Laws 2005, become operative January 2, 2010. See section 17, chapter 735,
Oregon Laws 2005. The text that is operative on and after January 2,
2010, is set forth for the user’s convenience.
625.180. (1) Every bakery or bakery distributor doing business in
this state shall pay a license fee.
(2) The license fees for a distributor may not be less than $25 and
may not exceed $108. The fees for a bakery, other than a domestic kitchen
bakery, are:
(a) $244 if the bakery’s annual gross sales are not more than
$50,000;
(b) $379 if the bakery’s annual gross sales are more than $50,000
and not more than $500,000;
(c) $487 if the bakery’s annual gross sales are more than $500,000
and not more than $1 million;
(d) $812 if the bakery’s annual gross sales are more than $1
million and not more than $5 million;
(e) $1,082 if the bakery’s annual gross sales are more than $5
million and not more than $10 million; or
(f) $1,624 if the bakery’s annual gross sales are more than $10
million.
(3) The license fees for a domestic kitchen bakery are:
(a) $152 if the bakery’s annual gross sales are not more than
$50,000;
(b) $216 if the bakery’s annual gross sales are more than $50,000
and not more than $500,000;
(c) $325 if the bakery’s annual gross sales are more than $500,000
and not more than $1 million;
(d) $487 if the bakery’s annual gross sales are more than $1
million and not more than $5 million;
(e) $649 if the bakery’s annual gross sales are more than $5
million and not more than $10 million; or
(f) $812 if the bakery’s annual gross sales are more than $10
million.
(4) In establishing the amount of the license fee for a bakery or
bakery distributor, the department shall use the annual gross sales by
that bakery or distributor within Oregon during the prior calendar year
or, if the bakery or distributor maintains sales records on a fiscal
basis, the prior fiscal year. If the bakery or distributor applying for
an original license or for a renewal license cannot provide the annual
gross sales for a full calendar year, the department shall base the fee
on estimated annual gross sales by the bakery or distributor. If a bakery
or distributor whose previous year’s fee was determined using an
estimated gross sales figure applies for renewal of that license, the fee
for the previous license year shall be adjusted to reflect the actual
gross sales by the bakery or distributor. All fees received by the State
Department of Agriculture under ORS 625.010 to 625.270 shall be deposited
in the Department of Agriculture Service Fund and are continuously
appropriated to the department for the purpose of carrying out ORS
625.010 to 625.270. [Amended by 1979 c.499 §25]BREAD, ROLLS AND BUNS(1) Bread, manufactured,
made or kept for the purpose of sale, offered or exposed for sale, or
sold in the form of loaves, shall be of such a standard of weight as the
State Department of Agriculture by rule may prescribe.
(2) For the purpose of this section bread shall be deemed to be in
the form of loaves, whether or not the loaf is wrapped, or whether
transparent or other wrapping is used, or whether or not the loaf is
sliced, and shall be deemed to be in package form when wrapped, and shall
be labeled with the net weight and such other labeling as may be required
by rules promulgated by the department under the authority granted in ORS
625.160.
(3) No person shall manufacture, make, procure or keep for the
purpose of sale, offer or expose for sale, or sell bread in the form of
loaves which does not conform to the weights specified by rule.
(4) This section does not apply to biscuits, buns, crackers, rolls,
cakes or cookies, which, when sold or offered for sale, shall be sold
either by net weight or numerical count, and when in package form shall
be marked plainly as to the net weight or numerical count, except that
packages containing more than 12 shall be labeled with the net weight.
[Amended by 1953 c.657 §2; 1959 c.370 §2; 1969 c.192 §3; 1987 c.472 §3]
(1)(a) “Bread,” “white bread,” “milk bread” and “raisin bread” have
the meanings given those terms in the definitions and standards
promulgated by the State Department of Agriculture pursuant to ORS
625.160.
(b) As used in this subsection, “bread” also includes breads
commonly known as Vienna, French and Italian.
(2)(a) “Rolls,” “buns,” “white rolls,” “white buns,” “raisin rolls”
and “raisin buns” have the meanings given those terms in the definitions
and standards promulgated by the department pursuant to ORS 625.160.
(b) As used in this subsection, “rolls” or “buns” includes
doughnuts, sweet rolls or sweet buns made with fillings or coatings, such
as cinnamon, the soft rolls, such as Parker House rolls, hamburger buns,
hot dog buns and the hard rolls, such as Vienna rolls or Kaiser rolls.
However, “rolls” or “buns” does not include foods made with specialty
flours, such as cake flour.
(3) “Enriched,” as applied to any of the breads, rolls or buns
defined in subsections (1) and (2) of this section, means the addition of
the vitamins, minerals and other nutrients necessary to make that food
conform to the definition and standards for enriched bread, enriched
rolls or enriched buns promulgated by the department pursuant to ORS
625.160. [1971 c.176 §2; 1975 c.265 §2; 2005 c.22 §443] It shall be unlawful
for any person to manufacture, bake, sell or offer for sale for human
consumption any of the breads, rolls or buns specified in ORS 625.212 (1)
and (2) unless they are enriched. [1971 c.176 §3] Bread sold or offered
for sale in the form of loaves shall be conspicuously labeled as required
by the rules promulgated by the State Department of Agriculture under the
authority of ORS 625.160. The provisions of this section do not apply to:
(1) A bakery where unwrapped bread is displayed and can be
inspected by prospective purchasers and where, after purchase, the loaf
of bread is immediately placed in a bag by the bakery personnel; or
(2) A bakery which is a wholesale establishment which sells bread
to a restaurant in which the bread is consumed on the premises. [1963
c.594 §3; 1965 c.142 §1; 1969 c.192 §4; 1987 c.472 §4] (1) Except as provided
in subsection (2) of this section, no person shall sell, offer for sale,
hold for sale, or bake a loaf of bread in violation of the provisions of
ORS 625.010 to 625.270 or orders thereunder.
(2) The provisions of ORS 625.220 do not apply to bread sold at an
occasional temporary bake sale held by a fraternal, religious, social or
service organization. [1963 c.594 §8; 1987 c.472 §6]MISCELLANEOUSThe provisions of ORS 616.215, 616.235 and 616.250 relating to
prohibited acts and adulterated and misbranded foods are applicable to
this chapter. [1975 c.265 §7]PENALTIESViolation of any provision of ORS 625.010 to
625.270 is a Class A violation. Justice courts have concurrent
jurisdiction with circuit courts of all criminal offenses provided for in
ORS 625.010 to 625.270. [Amended by 1987 c.472 §7; 1999 c.1051 §211]
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