2005 Oregon Code - Chapter 635 :: Chapter 635 - Nonalcoholic Beverages
Chapter 635 — Nonalcoholic Beverages
2005 EDITION
NONALCOHOLIC BEVERAGES
FOOD AND OTHER COMMODITIES
635.015Â Â Â Â Definitions
635.025Â Â Â Â Short title; enforcement by department
635.027Â Â Â Â License required for manufacture of nonalcoholic beverage; exceptions
635.030Â Â Â Â License application; fee; term
635.040Â Â Â Â Refusal, suspension or revocation of license
635.045Â Â Â Â Rulemaking authority of department relating to nonalcoholic beverage business
635.055Â Â Â Â Standards for rules of department; conformity with federal rules
635.991Â Â Â Â Penalties
     635.010 [Repealed by 1967 c.154 §9]
     635.015
Definitions. 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]
     635.020
[Repealed by 1967 c.154 §9]
     635.025
Short title; enforcement by department. 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]
     635.027
License required for manufacture of nonalcoholic beverage; exceptions. (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]
     635.030
License application; fee; term. (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
userÂ’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.
     635.040
Refusal, suspension or revocation of license. 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]
     635.045
Rulemaking authority of department relating to nonalcoholic beverage business.
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]
     635.050
[Repealed by 1967 c.154 §9]
     635.055 Standards for rules of department; conformity with federal rules. 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]
     635.060
[Repealed by 1955 c.666 §5]
     635.061 [1955 c.666 §4; repealed by 1967 c.154 §9]
     635.070
[Repealed by 1967 c.154 §9]
     635.080
[Repealed by 1967 c.154 §9]
     635.090
[Repealed by 1967 c.154 §9]
     635.100
[Repealed by 1967 c.154 §9]
     635.110
[Amended by 1955 c.666 §2; repealed by 1967 c.154 §9]
     635.120
[Repealed by 1967 c.154 §9]
     635.130
[Repealed by 1955 c.666 §5]
     635.140
[Repealed by 1967 c.154 §9]
     635.150
[Repealed by 1967 c.154 §9]
     635.160
[Repealed by 1967 c.154 §9]
     635.170
[Repealed by 1967 c.154 §9]
     635.180
[Repealed by 1967 c.154 §9]
     635.990
[Repealed by 1967 c.154 §9]
     635.991 Penalties. 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]
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CHAPTERS 636 TO 644
 [Reserved for expansion]
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