2007 Oregon Code - Chapter 635 :: Chapter 635 - Nonalcoholic Beverages
Chapter 635 —
Nonalcoholic Beverages
2007 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; rules
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     635.010 [Repealed by 1967 c.154 §9]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     635.020 [Repealed by 1967 c.154 §9]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; rules. (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
     (6) All such licenses shall expire on June
30 next following the date of issuance or on such date as may be specified by
department rule. 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; 2007 c.768 §41]
     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, including amendments by section 42, chapter 768, Oregon Laws
2007, 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
     (5) All such licenses shall expire on June
30 next following the date of issuance or on such date as may be specified by
department rule. 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]
_______________
CHAPTERS 636 TO 644
[Reserved for expansion]
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