2005 Oregon Code - Chapter 625 :: Chapter 625 - Bakeries and Bakery Products
Chapter 625 Bakeries and Bakery Products
2005 EDITION
BAKERIES AND BAKERY PRODUCTS
FOOD AND OTHER COMMODITIES
BAKERIES
625.010 Definitions for ORS 625.010 to 625.270
625.020 License required to operate bakery; exceptions
625.030 Application for bakery license; inspection of premises and equipment; issuance of certificate
625.040 Grounds for denial of application
625.050 Renewal of bakery license; transfer of license
625.060 Cancellation and suspension
625.070 Posting and surrender of certificate
625.080 Distributors license required
625.090 Application for distributors license; inspection of premises and equipment; issuance of certificate
625.100 Grounds for refusing to issue or for revoking or suspending distributors license
625.110 Renewal of distributors license; transfer of license
625.120 Display and surrender of certificate
625.140 Inspection of bakeries and vehicles
625.150 Sanitary regulations
625.160 Powers of department; rules
625.180 License fees
625.190 Disposition of fees
BREAD, ROLLS AND BUNS
625.200 Standard of weight for bread; sale of loaves of unauthorized weight prohibited; other products
625.212 Definitions for ORS 625.215
625.215 Sale of unenriched breads prohibited
625.220 Labeling of bread loaves; exceptions
625.270 Unlawful sale prohibited; exception
MISCELLANEOUS
625.810 Application of laws regarding adulterated and misbranded food
PENALTIES
625.990 Penalties
BAKERIES
625.010
Definitions for ORS 625.010 to 625.270. 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]
625.020
License required to operate bakery; exceptions. (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]
625.030
Application for bakery license; inspection of premises and equipment; issuance
of certificate. 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.
625.040
Grounds for denial of application. 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]
625.050
Renewal of bakery license; transfer of license. 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]
625.060
Cancellation and suspension. 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.
625.070
Posting and surrender of certificate. 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.
625.080
Distributors license required. 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 distributors 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.
625.090
Application for distributors license; inspection of premises and equipment;
issuance of certificate. Application for a distributors 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.
625.100
Grounds for refusing to issue or for revoking or suspending distributors
license. The State Department of Agriculture may refuse to issue or may
revoke or suspend any distributors 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.
625.110
Renewal of distributors license; transfer of license. Each distributors
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 distributors license is not transferable and is strictly
personal to the person to whom issued. [Amended by 1989 c.253 §2]
625.120
Display and surrender of certificate. The distributors numbered license
certificate shall be kept posted conspicuously at the licensees 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 Distributors
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.
625.130
[Repealed by 1961 c.425 §20]
625.140
Inspection of bakeries and vehicles. 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.
625.150
Sanitary regulations. 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 the department. [Amended by 1987 c.472 §8]
625.160
Powers of department; rules. (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 standards of identity and quality for bakery products. [Amended by 1969 c.192 §2; 1975 c.265 §1; 1987 c.472 §2]
625.170
[Repealed by 1959 c.370 §5]
625.180
License fees. (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 bakerys annual gross sales are not more than $50,000;
(b) $350 if the bakerys annual gross sales are more than $50,000 and not more than $500,000;
(c) $450 if the bakerys annual gross sales are more than $500,000 and not more than $1 million;
(d) $750 if the bakerys annual gross sales are more than $1 million and not more than $5 million;
(e) $1,000 if the bakerys annual gross sales are more than $5 million and not more than $10 million; or
(f) $1,500 if the bakerys 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 bakerys annual gross sales are not more than $50,000;
(b) $200 if the bakerys annual gross sales are more than $50,000 and not more than $500,000;
(c) $300 if the bakerys annual gross sales are more than $500,000 and not more than $1 million;
(d) $450 if the bakerys annual gross sales are more than $1 million and not more than $5 million;
(e) $600 if the bakerys annual gross sales are more than $5 million and not more than $10 million; or
(f) $750 if the bakerys 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 years 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
users 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 bakerys annual gross sales are not more than $50,000;
(b) $379 if the bakerys annual gross sales are more than $50,000 and not more than $500,000;
(c) $487 if the bakerys annual gross sales are more than $500,000 and not more than $1 million;
(d) $812 if the bakerys annual gross sales are more than $1 million and not more than $5 million;
(e) $1,082 if the bakerys annual gross sales are more than $5 million and not more than $10 million; or
(f) $1,624 if the bakerys annual gross sales are more than $10 million.
(3) The license fees for a domestic kitchen bakery are:
(a) $152 if the bakerys annual gross sales are not more than $50,000;
(b) $216 if the bakerys annual gross sales are more than $50,000 and not more than $500,000;
(c) $325 if the bakerys annual gross sales are more than $500,000 and not more than $1 million;
(d) $487 if the bakerys annual gross sales are more than $1 million and not more than $5 million;
(e) $649 if the bakerys annual gross sales are more than $5 million and not more than $10 million; or
(f) $812 if the bakerys 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 years 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.
625.190
Disposition of fees. 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
625.200
Standard of weight for bread; sale of loaves of unauthorized weight prohibited;
other products. (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]
625.205
[1953 c.651 §2; 1955 c.298 §2; 1971 c.176 §10; repealed by 1975 c.265 §15]
625.209
[1959 c.370 §4; repealed by 1987 c.472 §5]
625.210
[Repealed by 1959 c.370 §5]
625.212
Definitions for ORS 625.215. As used in ORS 625.215 unless the context
requires otherwise:
(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]
625.215 Sale of unenriched breads prohibited. 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]
625.220
Labeling of bread loaves; exceptions. 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]
625.230
[1963 c.594 §4; repealed by 1969 c.192 §7]
625.240
[1963 c.594 §5; 1965 c.142 §2; 1969 c.192 §5; repealed by 1987 c.472 §5]
625.250
[1963 c.594 §§6,7; 1969 c.192 §6; repealed by 1987 c.472 §5]
625.260
[1963 c.594 §9; repealed by 1987 c.472 §5]
625.270
Unlawful sale prohibited; exception. (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]
625.310
[Repealed by 1987 c.472 §5]
625.320
[Repealed by 1987 c.472 §5]
625.330
[Amended by 1981 c.897 §74; repealed by 1987 c.472 §5]
625.340 [Amended by 1979 c.284 §183; 1981 c.898 §51; repealed by 1987 c.472 §5]
625.350
[Repealed by 1987 c.472 §5]
MISCELLANEOUS
625.810
Application of laws regarding adulterated and misbranded food. The
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]
PENALTIES
625.990 Penalties. Violation 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]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
