40 sections in this chapter.
ORS 625.010 Definitions for ORS 625.010 to 625.270. As used in ORS 625.010 to 625.270, unless the context requires otherwise
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(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, …
ORS 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
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(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]
ORS 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 rules adopted under 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. [Amended by 2012 c.64 §27]
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[Repealed or reserved.]
ORS 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
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(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 oper…
ORS 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]
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[Repealed or reserved.]
ORS 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
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(2) The department may assess a license fee to an additional user of a bakery, calculated as provided in rules adopted under ORS 625.180. In calculating license fees as provided under ORS 625.180, the gross sales by an additional user of a bakery are independent of the gross sale…
ORS 625.060 Cancellation and suspension. The State Department of Agriculture may cancel or suspend any bakery license if it finds after proper investigation that
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(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 e…
ORS 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
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[Repealed or reserved.]
ORS 625.080 Distributor’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 distributor’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
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[Repealed or reserved.]
ORS 625.090 Application for distributor’s license; inspection of premises and equipment; issuance of certificate. Application for a bakery distributor’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 rules adopted under 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. [Amended by 2012 c.64 §31]
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[Repealed or reserved.]
ORS 625.100 Grounds for refusing to issue or for revoking or suspending distributor’s license. The State Department of Agriculture may refuse to issue or may revoke or suspend any distributor’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
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[Repealed or reserved.]
ORS 625.110 Renewal of distributor’s license; transfer of license. Each distributor’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 distributor’s license is not transferable and is strictly personal to the person to whom issued. [Amended by 1989 c.253 §2]
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[Repealed or reserved.]
ORS 625.120 Display and surrender of certificate. The distributor’s numbered license certificate shall be kept posted conspicuously at the licensee’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
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[Repealed or reserved.]
ORS 625.130 [Repealed by 1961 c.425 §20]
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[Repealed or reserved.]
ORS 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
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[Repealed or reserved.]
ORS 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 and 625.995. Any such regulation may be amended, altered or repealed by the department. [Amended by 1987 c.472 §8; 2009 c.175 §19]
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[Repealed or reserved.]
ORS 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
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(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) Sta…
ORS 625.170 [Repealed by 1959 c.370 §5]
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[Repealed or reserved.]
ORS 625.180 (1) Every bakery or bakery distributor doing business in this state shall pay a license fee
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(2) The State Department of Agriculture may adopt rules establishing license fee schedules for: (a) A bakery distributor; (b) A domestic kitchen bakery; and (c) A bakery other than a domestic kitchen bakery. (3) The department may determine the license fee for a bakery or bakery …
ORS 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]
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BREAD, ROLLS AND BUNS
ORS 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
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(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 …
ORS 625.205 [1953 c.651 §2; 1955 c.298 §2; 1971 c.176 §10; repealed by 1975 c.265 §15]
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[Repealed or reserved.]
ORS 625.209 [1959 c.370 §4; repealed by 1987 c.472 §5]
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[Repealed or reserved.]
ORS 625.210 [Repealed by 1959 c.370 §5]
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[Repealed or reserved.]
ORS 625.212 Definitions for ORS 625.215. As used in ORS 625.215
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(1) “Bread” means white bread, milk bread, raisin bread, Vienna, French and Italian breads and other breads as identified in definitions and standards adopted by the State Department of Agriculture under ORS 625.160. (2) “Buns” means white buns, hamburger buns, hot dog buns, rais…
ORS 625.215 Prohibited bakery products. A person may not manufacture, bake, sell or offer for sale bread, rolls or buns for human consumption unless the bread, rolls or buns
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(1) Are enriched; or (2) Are made only with whole grain flours. [1971 c.176 §3; 2011 c.66 §2]
ORS 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
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(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. (2) A bakery that is a wholesale establishment that sells bread to a restaurant in w…
ORS 625.230 [1963 c.594 §4; repealed by 1969 c.192 §7]
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[Repealed or reserved.]
ORS 625.240 [1963 c.594 §5; 1965 c.142 §2; 1969 c.192 §5; repealed by 1987 c.472 §5]
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[Repealed or reserved.]
ORS 625.250 [1963 c.594 §§6,7; 1969 c.192 §6; repealed by 1987 c.472 §5]
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[Repealed or reserved.]
ORS 625.260 [1963 c.594 §9; repealed by 1987 c.472 §5]
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[Repealed or reserved.]
ORS 625.270 Unlawful sale prohibited. A person may not 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. [1963 c.594 §8; 1987 c.472 §6; 2009 c.11 §81]
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[Repealed or reserved.]
ORS 625.310 [Repealed by 1987 c.472 §5]
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[Repealed or reserved.]
ORS 625.320 [Repealed by 1987 c.472 §5]
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[Repealed or reserved.]
ORS 625.330 [Amended by 1981 c.897 §74; repealed by 1987 c.472 §5]
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[Repealed or reserved.]
ORS 625.340 [Amended by 1979 c.284 §183; 1981 c.898 §51; repealed by 1987 c.472 §5]
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[Repealed or reserved.]
ORS 625.350 [Repealed by 1987 c.472 §5]
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MISCELLANEOUS
ORS 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]
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PENALTIES
ORS 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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[Repealed or reserved.]
ORS 625.995 Civil penalties; rules; hearing; disposition of moneys. (1) In addition to any penalty available under ORS 561.190 or 625.990, the State Department of Agriculture may impose a civil penalty for a violation of ORS 625.010 to 625.270 or of rules or regulations adopted under ORS 625.010 to 625.270. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event
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(2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation. (3) When the department imposes a civil penalty under subsection (1) of this…