(1) Application for a dairy products plant license shall be made to the State Department of Agriculture on forms provided by the department. Each license and each annual renewal shall expire on June 30 next following its issuance or on such date as may be specified by department rule. Dairy products plant licenses are personal and are not transferable.
(2) Each dairy products plant shall submit a separate fee established by the department for each mobile milk tanker. The fee shall not apply to a mobile milk tanker owned and operated by a dairy products plant while transporting dairy products from the dairy products plant to wholesale or retail outlets for those products. As used in this section, “mobile milk tanker” means a tank or other receptacle that attaches to a bulk tank truck or other equipment and is used to transport fluid milk, milk or milk products.
(3) The department shall establish the license fee for a mobile milk tanker in accordance with ORS chapter 183. The fee may not be less than $25 or more than $50. Except as provided in subsection (4) of this section, the fees for a dairy products plant are:
(a) $125 if the applicant’s annual gross dollar volume of sales and services is not more than $50,000;
(b) $175 if an applicant’s annual gross dollar volume of sales and services is more than $50,000 and not more than $500,000;
(c) $300 if an applicant’s annual gross dollar volume of sales and services is more than $500,000 and not more than $1 million;
(d) $450 if an applicant’s annual gross dollar volume of sales and services is more than $1 million and not more than $5 million;
(e) $600 if an applicant’s annual gross dollar volume of sales and services is more than $5 million and not more than $10 million; or
(f) $750 if an applicant’s annual gross dollar volume of sales and services is 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 for the license year commencing July 1, 2006.
(5) In establishing the amount of the license fee for an applicant, the department shall use the annual gross dollar volume of sales and services by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service 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 or services for a full calendar year, the department shall base the fee on estimated annual gross sales and services by the applicant. If an applicant whose previous year’s fee was determined using an estimated gross sales and services 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 and services by the applicant. [1953 c.686 §3; 1967 c.254 §2; 1971 c.769 §5; 1979 c.320 §6; 1982 s.s.1 c.4 §9; 1991 c.632 §5; 1999 c.197 §25; 2005 c.735 §11; 2007 c.768 §27]
Note: The amendments to 621.166 by section 12, 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 28, chapter 768, Oregon Laws 2007, is set forth for the user’s convenience.
621.166. (1) Application for a dairy products plant license shall be made to the State Department of Agriculture on forms provided by the department. Each license and each annual renewal shall expire on June 30 next following its issuance or on such date as may be specified by department rule. Dairy products plant licenses are personal and are not transferable.
(2) Each dairy products plant shall submit a separate fee established by the department for each mobile milk tanker. The fee shall not apply to a mobile milk tanker owned and operated by a dairy products plant while transporting dairy products from the dairy products plant to wholesale or retail outlets for those products. As used in this section, “mobile milk tanker” means a tank or other receptacle that attaches to a bulk tank truck or other equipment and is used to transport fluid milk, milk or milk products.
(3) The department shall establish the license fee for a mobile milk tanker in accordance with ORS chapter 183. The fee may not be less than $25 or more than $50. The fees for a dairy products plant are:
(a) $135 if the applicant’s annual gross dollar volume of sales and services is not more than $50,000;
(b) $189 if an applicant’s annual gross dollar volume of sales and services is more than $50,000 and not more than $500,000;
(c) $325 if an applicant’s annual gross dollar volume of sales and services is more than $500,000 and not more than $1 million;
(d) $487 if an applicant’s annual gross dollar volume of sales and services is more than $1 million and not more than $5 million;
(e) $649 if an applicant’s annual gross dollar volume of sales and services is more than $5 million and not more than $10 million; or
(f) $812 if an applicant’s annual gross dollar volume of sales and services is more than $10 million.
(4) In establishing the amount of the license fee for an applicant, the department shall use the annual gross dollar volume of sales and services by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service 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 or services for a full calendar year, the department shall base the fee on estimated annual gross sales and services by the applicant. If an applicant whose previous year’s fee was determined using an estimated gross sales and services 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 and services by the applicant.
Section: Previous 621.151 621.152 621.155 621.156 621.160 621.161 621.165 621.166 621.169 621.170 621.171 621.175 621.176 621.180 621.181 NextLast modified: August 7, 2008