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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 48 ANIMALS
Chapter : Chapter 635 Nonalcoholic Beverages
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As used in this chapter:
(1) “Department” means the State Department of Agriculture.
(2) “Nonalcoholic beverage manufacturing business” or the “business
of a nonalcoholic beverage manufacturer” means the operations and
business of and the 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 known as soft drinks, except those that are
exempt as not covered as provided in ORS 635.027 or those exempted by the
department. [1967 c.154 §1]
This chapter, which
may be cited as the Oregon Nonalcoholic Beverage Plant Law, shall be
enforced and carried out by the State Department of Agriculture. [1967
c.154 §2]
(1) Except as otherwise provided in this chapter, no person
shall operate or engage in the business of a nonalcoholic beverage
manufacturer without first obtaining and thereafter maintaining a
license, or renewal thereof, from the State Department of Agriculture. No
license is required of a person who:
(a) Sells nonalcoholic drink or beverage products in or from their
original containers at wholesale or retail.
(b) Mixes or sells nonalcoholic products in the usual course of
business at a soda fountain.
(c) Engages in the nonalcoholic beverage manufacturing business in
a building and uses machinery, equipment and all facilities that have
been approved and licensed by the department for use in the processing of
fluid milk to be labeled with “grade ‘A’ “ pursuant to ORS chapter 621.
(2) The provisions of subsection (1) of this section do not exempt
any person, or the business of the person, from the application of any
other provisions of this chapter. [1967 c.154 §3; 2005 c.22 §447] (1) Any person desiring to
or who does engage in the business of a nonalcoholic beverage
manufacturer shall apply to the State Department of Agriculture for a
license for each plant operated by such person. The application shall be
in such form and contain such information as the department may prescribe.
(2) Each nonalcoholic beverage manufacturer doing business in this
state shall pay a license fee.
(3) Except as provided in subsection (4) of this section, the
license fees for a nonalcoholic beverage manufacturer are:
(a) $150 if the manufacturer’s annual gross sales are not more than
$50,000;
(b) $250 if the manufacturer’s annual gross sales are more than
$50,000 and not more than $500,000;
(c) $350 if the manufacturer’s annual gross sales are more than
$500,000 and not more than $1 million;
(d) $550 if the manufacturer’s annual gross sales are more than $1
million and not more than $5 million;
(e) $650 if the manufacturer’s annual gross sales are more than $5
million and not more than $10 million; or
(f) $850 if the manufacturer’s annual gross sales are more than $10
million.
(4) The department shall increase the license fee amounts described
in subsection (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
manufacturer, the department shall use the annual gross sales by that
manufacturer within Oregon during the prior calendar year or, if the
manufacturer maintains sales records on a fiscal basis, the prior fiscal
year. If the manufacturer 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 manufacturer. If a manufacturer 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 manufacturer.
(6) All such licenses shall expire on June 30 next following the
date of issuance. The department shall collect for each license and for
each renewal thereof the license fee computed as provided in subsections
(3) and (4) of this section. The fee shall be remitted by the department
to the State Treasurer. The State Treasurer shall place all moneys
received under this section in the Department of Agriculture Service
Fund. Moneys from fees imposed under this section are continuously
appropriated to the department for the purpose of administering and
enforcing the provisions of this chapter. [Amended by 1955 c.666 §1; 1967
c.154 §4; 1979 c.183 §4; 1979 c.499 §35; 1985 c.353 §5; 1991 c.632 §10;
2005 c.735 §15; 2005 c.755 §52]Note: The amendments to 635.030 by section 16, 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.
635.030. (1) Any person desiring to or who does engage in the
business of a nonalcoholic beverage manufacturer shall apply to the State
Department of Agriculture for a license for each plant operated by such
person. The application shall be in such form and contain such
information as the department may prescribe.
(2) Each nonalcoholic beverage manufacturer doing business in this
state shall pay a 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 not more than $500,000;
(c) $379 if the manufacturer’s annual gross sales are more than
$500,000 and not more than $1 million;
(d) $595 if the manufacturer’s annual gross sales are more than $1
million and not more than $5 million;
(e) $704 if the manufacturer’s annual gross sales are more than $5
million and not more 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, the department shall use the annual gross sales by that
manufacturer within Oregon during the prior calendar year or, if the
manufacturer maintains sales records on a fiscal basis, the prior fiscal
year. If the manufacturer 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 manufacturer. If a manufacturer 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 manufacturer.
(5) All such licenses shall expire on June 30 next following the
date of issuance. The department shall collect for each license and for
each renewal thereof the license fee computed as provided in subsection
(3) of this section. The fee shall be remitted by the department to the
State Treasurer. The State Treasurer shall place all moneys received
under this section in the Department of Agriculture Service Fund. Moneys
from fees imposed under this section are continuously appropriated to the
department for the purpose of administering and enforcing the provisions
of this chapter. The State
Department of Agriculture may refuse to issue, suspend or revoke any
license for failure to comply with this chapter, or regulations
promulgated thereunder. [Amended by 1961 c.425 §19]After public hearing and under the provisions of ORS
chapter 183, in connection with and covering all of the operations and
the business of a nonalcoholic beverage manufacturer, and the beverage
and drink products covered by ORS 635.015 to 635.030 and 635.045 to
635.991, the State Department of Agriculture is authorized to promulgate
rules relating to:
(1) Definitions, standards of identity, marking, labeling,
advertising, branding or tagging 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 the drink 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 reasonably necessary to insure that the products are sanitary
and healthful. [1967 c.154 §5; 1983 c.740 §237]In carrying out the intent and purpose of ORS 635.045, the State
Department of Agriculture, in addition to taking into consideration the
desires and needs of the nonalcoholic beverage manufacturing industry and
the evidence and testimony received at a public hearing, shall take into
consideration the laws and rules of this state, other states and the
federal government. Unless there is substantial evidence and testimony to
the contrary, the department shall, as far as is reasonable and
practical, make its rules conform to, and not be more restrictive than,
the rules of the federal Food and Drug Administration or other federal
enforcement agency. [1967 c.154 §6; 1999 c.59 §187] Violation of any provision of this chapter is
punishable, upon conviction, by a fine not exceeding $500 or by
imprisonment in the county jail not exceeding six months, or both. [1967
c.154 §8]
_______________CHAPTERS 636 TO 644 [Reserved for expansion]
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