2013 Oregon Revised Statutes
Volume : 13 - Water Resources, Agriculture and Food
Chapter 621 - Milk; Dairy Products; Substitutes
Section 621.166 - Application for dairy products plant license; rules; fee; mobile milk tanker fees.

(1) As used in this section, "mobile milk tanker" means a tank or other receptacle that attaches to a bulk tank truck or other equipment and is used to transport fluid milk, milk or milk products.

(2) Application for a dairy products plant license shall be made to the State Department of Agriculture on forms provided by the department. Each license and each annual renewal shall expire on June 30 next following its issuance or on such date as may be specified by department rule. Dairy products plant licenses are personal and are not transferable.

(3) Each dairy products plant shall submit a separate fee established by the department for each mobile milk tanker. The fee does not apply to a mobile milk tanker owned and operated by a dairy products plant while transporting dairy products from the dairy products plant to wholesale or retail outlets for those products.

(4) The department may adopt rules establishing license fee schedules for:

(a) Mobile milk tankers; and

(b) Dairy products plants.

(5) The department may determine the license fee for a dairy products plant based upon the annual gross dollar volume of sales and services by the applicant. In establishing the amount of the license fee for an applicant, the department shall use the annual gross dollar volume of sales and services by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service records on a fiscal basis, the prior fiscal year. If the applicant applying for an original license or for a renewal license cannot provide the annual gross dollar volume of sales or services for a full calendar year, the department shall base the fee on estimated annual gross sales and services by the applicant. If an applicant whose previous year's fee was determined using an estimated gross sales and services figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross dollar volume of sales and services by the applicant.

(6) Except as provided in this subsection, the department may not adopt a rule under this section to establish a license fee that is more than three percent higher than the fee charged during the preceding year for an equivalent mobile milk tanker or for a dairy products plant having the same volume of gross sales and services. When adopting a rule establishing a license fee, notwithstanding the three percent limit, the department may round the fee amount to the next higher whole dollar amount. Fee schedules adopted under this section may not change the amount of the same license fee more frequently than once each year. [1953 c.686 §3; 1967 c.254 §2; 1971 c.769 §5; 1979 c.320 §6; 1982 s.s.1 c.4 §9; 1991 c.632 §5; 1999 c.197 §25; 2005 c.735 §§11,12; 2007 c.768 §§27,28; 2012 c.64 §9]

Note: The amendments to 621.166 by section 40, chapter 64, Oregon Laws 2012, become operative July 1, 2019. See section 45, chapter 64, Oregon Laws 2012. The text that is operative on and after July 1, 2019, is set forth for the user's convenience.
(1) As used in this section, "mobile milk tanker" means a tank or other receptacle that attaches to a bulk tank truck or other equipment and is used to transport fluid milk, milk or milk products.

(2) Application for a dairy products plant license shall be made to the State Department of Agriculture on forms provided by the department. Each license and each annual renewal shall expire on June 30 next following its issuance or on such date as may be specified by department rule. Dairy products plant licenses are personal and are not transferable.

(3) Each dairy products plant shall submit a separate fee established by the department for each mobile milk tanker. The fee does not apply to a mobile milk tanker owned and operated by a dairy products plant while transporting dairy products from the dairy products plant to wholesale or retail outlets for those products.

(4) The department may adopt rules establishing license fee schedules for:

(a) Mobile milk tankers; and

(b) Dairy products plants.

(5) The department may determine the license fee for a dairy products plant based upon the annual gross dollar volume of sales and services by the applicant. In establishing the amount of the license fee for an applicant, the department shall use the annual gross dollar volume of sales and services by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service records on a fiscal basis, the prior fiscal year. If the applicant applying for an original license or for a renewal license cannot provide the annual gross dollar volume of sales or services for a full calendar year, the department shall base the fee on estimated annual gross sales and services by the applicant. If an applicant whose previous year's fee was determined using an estimated gross sales and services figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross dollar volume of sales and services by the applicant.

(6) The department may not adopt or enforce a rule under this section establishing a license fee for a mobile milk tanker that is higher than the license fee charged for the license year that began July 1, 2018, for an equivalent mobile milk tanker. The department may not adopt or enforce a rule under this section establishing a license fee for a dairy products plant that is higher than the license fee charged for the license year that began July 1, 2018, for a dairy products plant having the same volume of gross sales and services. Fee schedules adopted under this section may not change the amount of the same license fee more frequently than once each year.