(1) Except as otherwise provided in ORS 616.695 to 616.755, a person may not operate a food establishment without first obtaining and thereafter maintaining a license under this section. A person shall make an application for a license to the State Department of Agriculture on forms prescribed by the department. Each license shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule.
(2) The department may, subject to the applicable provisions of ORS chapter 183, suspend, revoke or refuse to issue a license if the licensee has violated any of the provisions of ORS 616.695 to 616.755 or rules adopted under ORS 616.695 to 616.755.
(3) A license is personal to the applicant and may not be transferred. A new license is necessary if the business entity of the licensee is changed, or if the membership of a partnership is changed, irrespective of whether or not the business name is changed.
(4) The license shall cover all operations of the person licensed, under one entity or ownership. With prior approval of the department, the location of a licensed food establishment, or any part of a licensed food establishment, may be moved without the requirement of a new license if there is no change in the ownership or business entity.
(5) The license shall be posted in a conspicuous place in the main office of the food establishment. Duplicate copies of the license shall be conspicuously posted in branch offices, warehouses and other places owned or operated by the licensee at locations other than the main office. A license is automatically canceled if the food establishment ceases or discontinues operations or business.
(6) Except as provided in subsection (10) of this section, the license fee for a food establishment that is part of a domestic kitchen is $175.
(7) Except as provided in subsection (10) of this section, the license fees for a food establishment other than an establishment that is part of a domestic kitchen, or other than a retail food store or a warehouse, are:
(a) $300 if the gross sales of an applicant’s covered operations are not more than $50,000;
(b) $425 if the gross sales of an applicant’s covered operations are more than $50,000 and not more than $500,000;
(c) $500 if the gross sales of an applicant’s covered operations are more than $500,000 and not more than $1 million;
(d) $650 if the gross sales of an applicant’s covered operations are more than $1 million and not more than $5 million;
(e) $750 if the gross sales of an applicant’s covered operations are more than $5 million and not more than $10 million; or
(f) $850 if the gross sales of an applicant’s covered operations are more than $10 million.
(8) Except as provided in subsection (10) of this section, the food establishment license fees for a retail food store, as defined by the department by rule, are:
(a) $125 if the gross sales of an applicant’s covered operations are not more than $50,000;
(b) $250 if the gross sales of an applicant’s covered operations are more than $50,000 and not more than $500,000;
(c) $300 if the gross sales of an applicant’s covered operations are more than $500,000 and not more than $1 million;
(d) $450 if the gross sales of an applicant’s covered operations are more than $1 million and not more than $5 million;
(e) $550 if the gross sales of an applicant’s covered operations are more than $5 million and not more than $10 million; or
(f) $650 if the gross sales of an applicant’s covered operations are more than $10 million.
(9) Except as provided in subsection (10) of this section, the food establishment license fees for a warehouse, as defined by the department by rule, are:
(a) $100 if the gross sales of an applicant’s covered operations are not more than $50,000;
(b) $125 if the gross sales of an applicant’s covered operations are more than $50,000 and not more than $10 million; or
(c) $150 if the gross sales of an applicant’s covered operations are more than $10 million.
(10) The department shall increase the license fee amounts described in subsections (6) to (9) 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 permissible fee amounts shall occur on July 1, 2006.
(11) In establishing the amount of the license fee for an applicant, the department shall use the annual gross dollar volume of sales of covered operations by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales records on a fiscal basis, the prior fiscal year. If the applicant applying for an original license or for a renewal license cannot provide the annual gross dollar volume of sales of covered operations for a full calendar year, the department shall base the fee on estimated annual gross sales of covered operations by the applicant. If an applicant whose previous year’s fee was determined using an estimated gross sales of covered operations figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross dollar volume of sales of covered operations by the applicant. [1965 c.501 §3; 1975 c.389 §3; 1979 c.183 §2; 1982 s.s.1 c.4 §4; 1991 c.632 §2; 2005 c.735 §3; 2007 c.768 §22]
Note: The amendments to 616.706 by section 4, 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 23, chapter 768, Oregon Laws 2007, is set forth for the user’s convenience.
616.706. (1) Except as otherwise provided in ORS 616.695 to 616.755, a person may not operate a food establishment without first obtaining and thereafter maintaining a license under this section. A person shall make an application for a license to the State Department of Agriculture on forms prescribed by the department. Each license shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule.
(2) The department may, subject to the applicable provisions of ORS chapter 183, suspend, revoke or refuse to issue a license if the licensee has violated any of the provisions of ORS 616.695 to 616.755 or rules adopted under ORS 616.695 to 616.755.
(3) A license is personal to the applicant and may not be transferred. A new license is necessary if the business entity of the licensee is changed, or if the membership of a partnership is changed, irrespective of whether or not the business name is changed.
(4) The license shall cover all operations of the person licensed, under one entity or ownership. With prior approval of the department, the location of a licensed food establishment, or any part of a licensed food establishment, may be moved without the requirement of a new license if there is no change in the ownership or business entity.
(5) The license shall be posted in a conspicuous place in the main office of the food establishment. Duplicate copies of the license shall be conspicuously posted in branch offices, warehouses and other places owned or operated by the licensee at locations other than the main office. A license is automatically canceled if the food establishment ceases or discontinues operations or business.
(6) The license fee for a food establishment that is part of a domestic kitchen is $189.
(7) The license fees for a food establishment other than an establishment that is part of a domestic kitchen, or other than a retail food store or a warehouse, are:
(a) $325 if the gross sales of an applicant’s covered operations are not more than $50,000;
(b) $460 if the gross sales of an applicant’s covered operations are more than $50,000 and not more than $500,000;
(c) $541 if the gross sales of an applicant’s covered operations are more than $500,000 and not more than $1 million;
(d) $704 if the gross sales of an applicant’s covered operations are more than $1 million and not more than $5 million;
(e) $812 if the gross sales of an applicant’s covered operations are more than $5 million and not more than $10 million; or
(f) $920 if the gross sales of an applicant’s covered operations are more than $10 million.
(8) The food establishment license fees for a retail food store, as defined by the department by rule, are:
(a) $135 if the gross sales of an applicant’s covered operations are not more than $50,000;
(b) $271 if the gross sales of an applicant’s covered operations are more than $50,000 and not more than $500,000;
(c) $325 if the gross sales of an applicant’s covered operations are more than $500,000 and not more than $1 million;
(d) $487 if the gross sales of an applicant’s covered operations are more than $1 million and not more than $5 million;
(e) $595 if the gross sales of an applicant’s covered operations are more than $5 million and not more than $10 million; or
(f) $704 if the gross sales of an applicant’s covered operations are more than $10 million.
(9) The food establishment license fees for a warehouse, as defined by the department by rule, are:
(a) $108 if the gross sales of an applicant’s covered operations are not more than $50,000;
(b) $135 if the gross sales of an applicant’s covered operations are more than $50,000 and not more than $10 million; or
(c) $162 if the gross sales of an applicant’s covered operations are more than $10 million.
(10) In establishing the amount of the license fee for an applicant, the department shall use the annual gross dollar volume of sales of covered operations by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales records on a fiscal basis, the prior fiscal year. If the applicant applying for an original license or for a renewal license cannot provide the annual gross dollar volume of sales of covered operations for a full calendar year, the department shall base the fee on estimated annual gross sales of covered operations by the applicant. If an applicant whose previous year’s fee was determined using an estimated gross sales of covered operations figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross dollar volume of sales of covered operations by the applicant.
Section: Previous 616.625 616.630 616.635 616.640 616.695 616.700 616.705 616.706 616.708 616.710 616.711 616.715 616.716 616.720 616.721 NextLast modified: August 7, 2008