27 sections in this chapter.
ORS 635.010 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.015 Definitions. As used in this chapter
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(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, handl…
ORS 635.020 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 buildin…
ORS 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
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(2) The department may adopt rules establishing license fee schedules for nonalcoholic beverage manufacturers. The department may determine the license fee for a manufacturer based upon the annual gross sales by the manufacturer. In establishing the amount of the license fee for …
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 beverag…
ORS 635.050 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 635.060 [Repealed by 1955 c.666 §5]
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[Repealed or reserved.]
ORS 635.061 [1955 c.666 §4; repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.070 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.080 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.090 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.100 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.110 [Amended by 1955 c.666 §2; repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.120 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.130 [Repealed by 1955 c.666 §5]
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[Repealed or reserved.]
ORS 635.140 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.150 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.160 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.170 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.180 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.990 [Repealed by 1967 c.154 §9]
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[Repealed or reserved.]
ORS 635.991 Criminal penalties. Violation of any provision of this chapter is a Class B misdemeanor. [1967 c.154 §8; 2011 c.597 §257]
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[Repealed or reserved.]
ORS 635.995 Civil penalties; rules; hearing; disposition of moneys. (1) In addition to any penalty available under ORS 561.190 or 635.991, the State Department of Agriculture may impose a civil penalty for a violation of this chapter or of rules or regulations adopted under this chapter. 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…