2007 Oregon Code - Chapter 625 :: Chapter 625 - Bakeries and Bakery Products
Chapter 625 —
Bakeries and Bakery Products
2007 EDITION
BAKERIES AND BAKERY PRODUCTS
FOOD AND OTHER COMMODITIES
BAKERIES
625.010Â Â Â Â Definitions
for ORS 625.010 to 625.270
625.020Â Â Â Â License
required to operate bakery; exceptions
625.030Â Â Â Â Application
for bakery license; inspection of premises and equipment; issuance of
certificate
625.040Â Â Â Â Grounds
for denial of application
625.050Â Â Â Â Renewal
of bakery license; transfer of license
625.055Â Â Â Â Additional
users of bakery; fees; rules
625.060Â Â Â Â Cancellation
and suspension
625.070Â Â Â Â Posting
and surrender of certificate
625.080Â Â Â Â DistributorÂ’s
license required
625.090Â Â Â Â Application
for distributorÂ’s license; inspection of premises and equipment; issuance of
certificate
625.100Â Â Â Â Grounds
for refusing to issue or for revoking or suspending distributorÂ’s license
625.110Â Â Â Â Renewal
of distributorÂ’s license; transfer of license
625.120Â Â Â Â Display
and surrender of certificate
625.140Â Â Â Â Inspection
of bakeries and vehicles
625.150Â Â Â Â Sanitary
regulations
625.160Â Â Â Â Powers
of department; rules
625.180Â Â Â Â License
fees
625.190Â Â Â Â Disposition
of fees
BREAD, ROLLS AND BUNS
625.200Â Â Â Â Standard
of weight for bread; sale of loaves of unauthorized weight prohibited; other
products
625.212Â Â Â Â Definitions
for ORS 625.215
625.215Â Â Â Â
625.220Â Â Â Â Labeling
of bread loaves; exceptions
625.270Â Â Â Â Unlawful
sale prohibited; exception
MISCELLANEOUS
625.810Â Â Â Â Application
of laws regarding adulterated and misbranded food
PENALTIES
625.990Â Â Â Â 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]
     625.055
Additional users of bakery; fees; rules. (1) The State Department of Agriculture may issue licenses under ORS
625.030 to one or more additional users of a bakery that is licensed primarily
for operation by another person. A license issued to an additional user of the
bakery shall cover all operations at that bakery by the person licensed.
Regardless of the number of persons licensed to use a bakery, the department
may not recognize more than one person as the primary operator of the bakery.
     (2) The department may assess a license
fee to an additional user of a bakery, calculated as provided in ORS 625.180.
In calculating license fees under ORS 625.180, the gross sales by an additional
user of a bakery are independent of the gross sales by any other user or the
primary operator of the bakery.
     (3) Notwithstanding ORS 625.050, the
department may adopt rules to establish the license expiration, renewal and
application dates for additional users of a bakery.
     (4) The department may adopt rules to
determine the responsibilities of a bakeryÂ’s primary operator and additional
users of the bakery under requirements prescribed by the department as provided
under ORS 625.150.
     (5) A recognized primary operator of a
bakery shall notify the department upon the expiration or termination of the
rental or lease of the bakery by an additional user of the bakery.
     (6) Subsections (1) to (5) of this section
do not apply to a bakery located in an area that is part of a domestic kitchen.
[2007 c.645 §10]
     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
DistributorÂ’s 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
distributorÂ’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.
     625.090
Application for distributorÂ’s license; inspection of premises and equipment;
issuance of certificate.
Application for a distributorÂ’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.
     625.100
Grounds for refusing to issue or for revoking or suspending distributorÂ’s
license. The State
Department of Agriculture may refuse to issue or may revoke or suspend any
distributorÂ’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.
     625.110
Renewal of distributorÂ’s license; transfer of license. Each distributorÂ’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
distributorÂ’s 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 distributorÂ’s numbered license certificate shall be kept posted
conspicuously at the licenseeÂ’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.
     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 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
§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 userÂ’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
     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
     (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
     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]
_______________
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