ORS Chapter 625 - Oregon Statutes

Chapter 625 — Bakeriesand Bakery Products

 

2009 EDITION

 

 

BAKERIESAND BAKERY PRODUCTS

 

FOODAND OTHER COMMODITIES

 

BAKERIES

 

625.010     Definitionsfor ORS 625.010 to 625.270

 

625.020     Licenserequired to operate bakery; exceptions

 

625.030     Applicationfor bakery license; inspection of premises and equipment; issuance ofcertificate

 

625.040     Groundsfor denial of application

 

625.050     Renewalof bakery license; transfer of license

 

625.055     Additionalusers of bakery; fees; rules

 

625.060     Cancellationand suspension

 

625.070     Postingand surrender of certificate

 

625.080     Distributor’slicense required

 

625.090     Applicationfor distributor’s license; inspection of premises and equipment; issuance ofcertificate

 

625.100     Groundsfor refusing to issue or for revoking or suspending distributor’s license

 

625.110     Renewalof distributor’s license; transfer of license

 

625.120     Displayand surrender of certificate

 

625.140     Inspectionof bakeries and vehicles

 

625.150     Sanitaryregulations

 

625.160     Powersof department; rules

 

625.180     Licensefees

 

625.190     Dispositionof fees

 

BREAD,ROLLS AND BUNS

 

625.200     Standardof weight for bread; sale of loaves of unauthorized weight prohibited; otherproducts

 

625.212     Definitionsfor ORS 625.215

 

625.215     Saleof unenriched breads prohibited

 

625.220     Labelingof bread loaves; exceptions

 

625.270     Unlawfulsale prohibited

 

MISCELLANEOUS

 

625.810     Applicationof laws regarding adulterated and misbranded food

 

PENALTIES

 

625.990     Penalties

 

625.995     Civilpenalties; rules; hearing; disposition of moneys

 

BAKERIES

 

      625.010Definitions 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 isregularly prepared, processed or manufactured for sale other than forconsumption on the premises where originally prepared, processed ormanufactured.

      (2)“Bakery product” includes bread, rolls, cakes, pies, doughnuts and all similargoods, to be used for human food, but does not include cookies, biscuits orcrackers.

      (3)“Container” means the container or wrapper in which bakery products are sold oroffered for sale.

      (4)“Department” means the State Department of Agriculture.

      (5)“Distributor” means any person other than a bakery engaged within the state inthe selling, marketing, or distributing at wholesale or retail any bakeryproducts but does not include:

      (a)Any person distributing solely bakery products manufactured by the person in abakery licensed under ORS 625.010 to 625.270.

      (b)Any retail food store selling or making delivery from a fixed place ofbusiness.

      (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 ofbread; 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 bythe 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; 1987c.472 §1]

 

      625.020License required to operate bakery; exceptions. (1) Except asprovided in subsection (2) of this section, no person shall operate orparticipate in the operation of any bakery within this state without a bakerylicense 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 operatedin behalf of a nonprofit institution or is otherwise not operated for profit. [Amendedby 1975 c.312 §1]

 

      625.030Application for bakery license; inspection of premises and equipment; issuanceof certificate.Application for a bakery license shall be made in writing to the StateDepartment of Agriculture on forms supplied by the department. After receipt ofthe application and the fees required by ORS 625.180, the department shallcause to be made a proper detailed inspection of the premises and equipment orof the plans and specifications of the bakery involved. If the department findsthat 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 ableto comply with ORS 625.010 to 625.270, the application shall be approved andthe department shall issue to the applicant a numbered license certificatebearing the name and address of the licensee and of the premises licensed.

 

      625.040Grounds for denial of application. The State Department of Agricultureshall refuse to grant any application for a bakery license if the departmentfinds after proper investigation that any of the following has occurred:

      (1)The applicant has made to the department any false statement of a materialnature.

      (2)The premises or equipment of the bakery sought to be licensed are not of asanitary construction, design or condition. However, this section may not beapplied to prevent licensing and operation of a bakery solely because thebakery is in an area that is part of and not separate from a domestic kitchenif the bakery is upon investigation by the department found to be constructedand maintained in a clean, healthful and sanitary condition.

      (3)The applicant has failed to comply with ORS 625.010 to 625.270 or any otherapplicable law of this state relative to bakeries or bakery products or anyregulation in effect thereunder, except that if it is determined that anapplicant 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 ofthe applicant to comply within that period is cause for denial of the application.[Amended by 1973 c.243 §1; 2005 c.22 §441]

 

      625.050Renewal of bakery license; transfer of license. Each bakerylicense may be renewed annually by paying to the State Department ofAgriculture the required annual license fee. The license is not transferable toany person or applicable to any location other than that for which originallyissued. [Amended by 1989 c.253 §1]

 

      625.055Additional users of bakery; fees; rules. (1) The State Department of Agriculturemay issue licenses under ORS 625.030 to one or more additional users of abakery that is licensed primarily for operation by another person. A licenseissued to an additional user of the bakery shall cover all operations at thatbakery by the person licensed. Regardless of the number of persons licensed touse a bakery, the department may not recognize more than one person as theprimary 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 ORS625.180, the gross sales by an additional user of a bakery are independent ofthe 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 thelicense expiration, renewal and application dates for additional users of abakery.

      (4)The department may adopt rules to determine the responsibilities of a bakery’sprimary operator and additional users of the bakery under requirementsprescribed by the department as provided under ORS 625.150.

      (5)A recognized primary operator of a bakery shall notify the department upon theexpiration or termination of the rental or lease of the bakery by an additionaluser of the bakery.

      (6)Subsections (1) to (5) of this section do not apply to a bakery located in anarea that is part of a domestic kitchen. [2007 c.645 §10]

 

      625.060Cancellation and suspension. The State Department of Agriculture maycancel or suspend any bakery license if it finds after proper investigationthat:

      (1)The licensee has violated any provision of ORS 625.010 to 625.270 or of anyother law of this state relating to the operation of bakeries or themanufacture or handling of any bakery product, or any regulation effectivethereunder; or

      (2)The licensed bakery premises or any equipment used therein or in connectiontherewith is in an insanitary condition and the licensee has failed or refusedto remedy the condition within 10 days after receipt from the department ofwritten notice so to do.

 

      625.070Posting and surrender of certificate. The operator of the licensed bakeryshall keep the numbered license certificate posted conspicuously on thelicensed premises. In the event of revocation or suspension of the license, thecertificate shall be surrendered by the licensee to the State Department ofAgriculture promptly upon demand.

 

      625.080Distributor’s license required. No person shall engage within thisstate in the sale or distribution of any bakery product, other than exclusivelyas a retail food store or otherwise at retail at a fixed place or places ofbusiness, without holding a license so to do issued to that person by the StateDepartment of Agriculture; but this does not affect the delivery of bakeryproducts sold in a retail food store. A distributor’s license is not requiredof any person distributing solely bakery products manufactured by the person ina bakery licensed under ORS 625.010 to 625.270.

 

      625.090Application for distributor’s license; inspection of premises and equipment;issuance of certificate. Application for a distributor’s license shall befiled in writing with the State Department of Agriculture on the formprescribed and supplied by the department. After receipt of the application andthe fees required by ORS 625.180, the department shall cause to be made aproper detailed inspection of the premises and equipment to be used by theapplicant in distribution within this state of bakery products. If thedepartment finds that the premises and equipment are or will be of a sanitaryconstruction, design or condition and that the applicant has complied with andwill be able to comply with ORS 625.010 to 625.270, the application shall beapproved and there shall be issued to the applicant a numbered license certificatebearing the name and address of the licensee.

 

      625.100Grounds for refusing to issue or for revoking or suspending distributor’slicense.The State Department of Agriculture may refuse to issue or may revoke orsuspend any distributor’s license by reason of the violation or participationof the distributor in a violation of ORS 625.010 to 625.270 or of any other lawof this state relating or applicable to the sanitary handling, storage,packaging, sale, transportation or distribution of bakery products, or of anyregulation effective thereunder.

 

      625.110Renewal of distributor’s license; transfer of license. Eachdistributor’s license may be renewed annually upon written application to theState Department of Agriculture and payment of the required annual license feefor the following year. A distributor’s license is not transferable and isstrictly personal to the person to whom issued. [Amended by 1989 c.253 §2]

 

      625.120Display and surrender of certificate. The distributor’s numbered licensecertificate shall be kept posted conspicuously at the licensee’s principalpublic place of business within this state. The licensee shall also cause to bedisplayed conspicuously on the outside of each vehicle used by the licensee indistribution of bakery products the statement “State Bakery Distributor’sLicense No.___,” including the proper license number. In event of revocation orsuspension of the license, the certificate shall be surrendered by the licenseeto the State Department of Agriculture promptly upon demand.

 

      625.130 [Repealed by1961 c.425 §20]

 

      625.140Inspection of bakeries and vehicles. The State Department of Agricultureshall cause to be made periodically a thorough inspection of each licensedbakery to determine whether or not the premises are constructed, equipped andoperated in accordance with the requirements of ORS 625.010 to 625.270 and ofall other laws of this state relating to bakeries or bakery products and allregulations effective thereunder. Such inspection shall also be made of eachvehicle used by a bakery or distributor licensed under ORS 625.010 to 625.270in transporting or distributing any bakery product within this state.

 

      625.150Sanitary regulations.The State Department of Agriculture shall prescribe reasonable sanitationrequirements, not inconsistent with existing laws or regulations issuedthereunder, governing the storing, handling, mixing, preparation, processing,manufacture, transportation and distribution of bakery products, and thedesign, construction, installation, maintenance, use, care and cleaning ofutensils and equipment used therein or in connection therewith. Uponpromulgation of any such regulation, any violation thereof is punishable asprovided 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]

 

      625.160Powers of department; rules. (1) The State Department of Agriculturehas the powers necessary to enable it to carry out the provisions of ORS625.010 to 625.270. The department may adopt rules necessary to carry out theprovisions 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 abakery 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 bakeryproducts which shall be compatible with the federal standards of identity andquality for bakery products. [Amended by 1969 c.192 §2; 1975 c.265 §1; 1987c.472 §2]

 

      625.170 [Repealed by1959 c.370 §5]

 

      625.180License fees.(1) Every bakery or bakery distributor doing business in this state shall pay alicense 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 morethan $1 million;

      (d)$812 if the bakery’s annual gross sales are more than $1 million and not morethan $5 million;

      (e)$1,082 if the bakery’s annual gross sales are more than $5 million and not morethan $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 morethan $1 million;

      (d)$487 if the bakery’s annual gross sales are more than $1 million and not morethan $5 million;

      (e)$649 if the bakery’s annual gross sales are more than $5 million and not morethan $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 bakerydistributor, the department shall use the annual gross sales by that bakery ordistributor within Oregon during the prior calendar year or, if the bakery ordistributor maintains sales records on a fiscal basis, the prior fiscal year.If the bakery or distributor applying for an original license or for a renewallicense cannot provide the annual gross sales for a full calendar year, thedepartment shall base the fee on estimated annual gross sales by the bakery ordistributor. If a bakery or distributor whose previous year’s fee wasdetermined using an estimated gross sales figure applies for renewal of thatlicense, the fee for the previous license year shall be adjusted to reflect theactual gross sales by the bakery or distributor. [Amended by 1967 c.244 §1;1973 c.243 §2; 1975 c.312 §2; 1982 s.s.1 c.4 §11; 1983 c.503 §1; 1989 c.253 §3;1991 c.632

§6;2005 c.22 §442; 2005 c.735 §§13,14]

 

      625.190Disposition of fees.All fees received by the State Department of Agriculture under ORS 625.010 to625.270 shall be deposited in the Department of Agriculture Service Fund andare continuously appropriated to the department for the purpose of carrying outORS 625.010 to 625.270. [Amended by 1979 c.499 §25]

 

BREAD,ROLLS AND BUNS

 

      625.200Standard 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 orexposed for sale, or sold in the form of loaves, shall be of such a standard ofweight 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 ofloaves, whether or not the loaf is wrapped, or whether transparent or otherwrapping is used, or whether or not the loaf is sliced, and shall be deemed tobe in package form when wrapped, and shall be labeled with the net weight andsuch other labeling as may be required by rules promulgated by the departmentunder 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 notconform to the weights specified by rule.

      (4)This section does not apply to biscuits, buns, crackers, rolls, cakes orcookies, which, when sold or offered for sale, shall be sold either by netweight or numerical count, and when in package form shall be marked plainly asto the net weight or numerical count, except that packages containing more than12 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 by1959 c.370 §5]

 

      625.212Definitions for ORS 625.215. As used in ORS 625.215 unless thecontext requires otherwise:

      (1)(a)“Bread,” “white bread,” “milk bread” and “raisin bread” have the meanings giventhose terms in the definitions and standards promulgated by the StateDepartment of Agriculture pursuant to ORS 625.160.

      (b)As used in this subsection, “bread” also includes breads commonly known asVienna, French and Italian.

      (2)(a)“Rolls,” “buns,” “white rolls,” “white buns,” “raisin rolls” and “raisin buns”have the meanings given those terms in the definitions and standardspromulgated by the department pursuant to ORS 625.160.

      (b)As used in this subsection, “rolls” or “buns” includes doughnuts, sweet rollsor 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 notinclude foods made with specialty flours, such as cake flour.

      (3)“Enriched,” as applied to any of the