(1) A person may not sell, offer to sell or expose for sale meat products or engage in any other activity described or identified in subsection (4) of this section without first obtaining and maintaining a license therefor from the State Department of Agriculture. All such licenses shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule. Renewal applications must be postmarked before the expiration date to be timely.
(2) Application for a license required by this section shall be made to the department on forms prescribed by the department, which shall contain any information the department deems necessary. The license is personal and nontransferable, with a separate license required for each establishment location. A new license is required each time there is a change in ownership, legal entity or establishment location.
(3) In addition to other license requirements of this section, if an applicant for a license under subsection (4)(c) of this section has an average weekly dollar value of meat animal purchases that exceeds $10,000, the applicant shall submit with the application a surety bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The bond or letter of credit shall be in an amount equal to twice the average daily value of meat animal purchases during the preceding calendar year, or the amount of $20,000, whichever amount is greater. The department shall prescribe the form for and approve the bond or letter of credit, which shall be conditioned upon faithful performance by the licensee of all obligations to the producers of meat animals arising from the sale of meat animals by producers to the licensee.
(4) Each of the following activities shall be licensed, and the fee established by the department paid with the application therefor:
(a) Operation of a meat seller establishment. A license under this section allows only the meat products preparation described in ORS 603.010 (8).
(b) Operation of a nonslaughtering processing establishment. A license under this section allows selling meat products at the same location without obtaining the license described in paragraph (a) of this subsection.
(c) Operation of a slaughterhouse. A license under this section allows selling meat products at the same location without obtaining the license described in paragraph (a) of this subsection.
(d) Operation of a custom slaughtering establishment or custom processing establishment. A license under this section does not allow selling meat products without first obtaining and maintaining the license described in paragraph (a) of this subsection.
(e) Operation of a slaughterhouse, custom slaughtering establishment or custom processing establishment wherein only poultry or rabbits are slaughtered or prepared. A license under this section allows selling only poultry or rabbit products at the same location without obtaining the license described in paragraph (a) of this subsection.
(5) The license required by this section shall be displayed at all times in a conspicuous manner at the address shown on the license.
(6) Except as provided in subsections (7) and (8) of this section, the license fees for establishments under this section are:
(a) $200 if the establishment’s annual gross dollar volume of sales and services is not more than $50,000;
(b) $250 if the establishment’s annual gross dollar volume of sales and services is more than $50,000 and not more than $500,000;
(c) $300 if the establishment’s annual gross dollar volume of sales and services is more than $500,000 and not more than $1 million;
(d) $450 if the establishment’s annual gross dollar volume of sales and services is more than $1 million and not more than $5 million;
(e) $500 if the establishment’s annual gross dollar volume of sales and services is more than $5 million and not more than $10 million; or
(f) $650 if the establishment’s annual gross dollar volume of sales and services is more than $10 million.
(7) If the establishment sells only prepackaged meats packaged at a facility inspected by the United States Department of Agriculture, except as provided in subsection (8) of this section, the following license fee amounts shall apply instead of the fee established in subsection (6)(a) of this section:
(a) $100 if the establishment’s annual gross dollar volume of sales and services is not more than $5,000; or
(b) $150 if the establishment’s annual gross dollar volume of sales and services is more than $5,000 and not more than $50,000.
(8) The State Department of Agriculture shall increase the license fee amounts described in subsections (6) and (7) 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 fees shall occur on July 1, 2006.
(9) In establishing the amount of the license fee for an establishment, the State Department of Agriculture shall use the annual gross dollar volume of sales and services by that establishment within Oregon during the prior calendar year or, if the establishment maintains sales and service records on a fiscal basis, the prior fiscal year. If the establishment applying for an original license or for a renewal license cannot provide the annual gross dollar volume of sales and services for a full calendar year, the department shall base the fee on estimated annual gross sales and services by the establishment. If an establishment 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 annual gross dollar volume of sales and services by the establishment. [1973 c.175 §4; 1975 c.703 §1; 1982 s.s.1 c.4 §1; 1991 c.331 §92; 1991 c.632 §1; 1997 c.631 §505; 2005 c.735 §1; 2007 c.768 §19]
Note: The amendments to 603.025 by section 2, 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 20, chapter 768, Oregon Laws 2007, is set forth for the user’s convenience.
603.025. (1) A person may not sell, offer to sell or expose for sale meat products or engage in any other activity described or identified in subsection (4) of this section without first obtaining and maintaining a license therefor from the State Department of Agriculture. All such licenses shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule. Renewal applications must be postmarked before the expiration date to be timely.
(2) Application for a license required by this section shall be made to the department on forms prescribed by the department, which shall contain any information the department deems necessary. The license is personal and nontransferable, with a separate license required for each establishment location. A new license is required each time there is a change in ownership, legal entity or establishment location.
(3) In addition to other license requirements of this section, if an applicant for a license under subsection (4)(c) of this section has an average weekly dollar value of meat animal purchases that exceeds $10,000, the applicant shall submit with the application a surety bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The bond or letter of credit shall be in an amount equal to twice the average daily value of meat animal purchases during the preceding calendar year, or the amount of $20,000, whichever amount is greater. The department shall prescribe the form for and approve the bond or letter of credit, which shall be conditioned upon faithful performance by the licensee of all obligations to the producers of meat animals arising from the sale of meat animals by producers to the licensee.
(4) Each of the following activities shall be licensed, and the fee established by the department paid with the application therefor:
(a) Operation of a meat seller establishment. A license under this section allows only the meat products preparation described in ORS 603.010 (8).
(b) Operation of a nonslaughtering processing establishment. A license under this section allows selling meat products at the same location without obtaining the license described in paragraph (a) of this subsection.
(c) Operation of a slaughterhouse. A license under this section allows selling meat products at the same location without obtaining the license described in paragraph (a) of this subsection.
(d) Operation of a custom slaughtering establishment or custom processing establishment. A license under this section does not allow selling meat products without first obtaining and maintaining the license described in paragraph (a) of this subsection.
(e) Operation of a slaughterhouse, custom slaughtering establishment or custom processing establishment wherein only poultry or rabbits are slaughtered or prepared. A license under this section allows selling only poultry or rabbit products at the same location without obtaining the license described in paragraph (a) of this subsection.
(5) The license required by this section shall be displayed at all times in a conspicuous manner at the address shown on the license.
(6) Except as provided in subsection (7) of this section, the license fees for establishments under this section are:
(a) $216 if the establishment’s annual gross dollar volume of sales and services is not more than $50,000;
(b) $271 if the establishment’s annual gross dollar volume of sales and services is more than $50,000 and not more than $500,000;
(c) $325 if the establishment’s annual gross dollar volume of sales and services is more than $500,000 and not more than $1 million;
(d) $487 if the establishment’s annual gross dollar volume of sales and services is more than $1 million and not more than $5 million;
(e) $541 if the establishment’s annual gross dollar volume of sales and services is more than $5 million and not more than $10 million; or
(f) $704 if the establishment’s annual gross dollar volume of sales and services is more than $10 million.
(7) If the establishment sells only prepackaged meats packaged at a facility inspected by the United States Department of Agriculture, the following license fee amounts shall apply instead of the fee established in subsection (6)(a) of this section:
(a) $108 if the establishment’s annual gross dollar volume of sales and services is not more than $5,000; or
(b) $162 if the establishment’s annual gross dollar volume of sales and services is more than $5,000 and not more than $50,000.
(8) In establishing the amount of the license fee for an establishment, the State Department of Agriculture shall use the annual gross dollar volume of sales and services by that establishment within Oregon during the prior calendar year or, if the establishment maintains sales and service records on a fiscal basis, the prior fiscal year. If the establishment applying for an original license or for a renewal license cannot provide the annual gross dollar volume of sales and services for a full calendar year, the department shall base the fee on estimated annual gross sales and services by the establishment. If an establishment 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 annual gross dollar volume of sales and services by the establishment.
Section: Previous 603.010 603.015 603.020 603.025 603.027 603.030 603.031 603.033 603.034 603.035 603.040 603.045 603.050 603.055 603.059 NextLast modified: August 7, 2008