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635.015 Definitions. As used in this chapter:

(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, handles, distributes, holds for sale, or sells soda or soda waters, mineral waters, carbonated beverages and other nonalcoholic drinks or beverages otherwise known as soft drinks, except those that are exempt as not covered as provided in ORS 635.027 or those exempted by the department. [1967 c.154 §1]

635.020 [Repealed by 1967 c.154 §9]

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]

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:

(c) Engages in the nonalcoholic beverage manufacturing business in a building and using machinery, equipment and all facilities which have been approved and licensed by the department for use in the processing of fluid milk to be labeled with "grade ‘A’ " pursuant to ORS chapter 621.

(2) The provisions of subsection (1)(a), (b) and (c) of this section however do not exempt any person, or the business of the person, from the application of any other provisions of this chapter. [1967 c.154 §3]

635.030 License application; fee; term. (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.

(2) Each nonalcoholic beverage manufacturer doing business in this state shall pay a license fee established by the department in accordance with ORS 183.310 to 183.550, which shall be no less than $25 nor more than $750 for each establishment. The license fees may be established at a specified amount for each establishment or may be established on the basis of the annual gross dollar volume of sales of each establishment. In establishing the basis and amounts for the license fees, the department shall consider, among other things, the number of nonalcoholic beverage manufacturers, the various gross annual dollar volumes of business of the establishments and the costs of administration and enforcement of this chapter.

(3) All such licenses shall expire June 30 next following the date of issuance. The department shall collect for each license and for each renewal thereof the license fee computed as provided in subsection (2) of this section. The fee shall be remitted by the department to the State Treasurer. The State Treasurer shall place all moneys so received in the Department of Agriculture Service Fund and such fees are appropriated to the department for the purpose of administering and enforcing the provisions of this chapter. [Amended by 1955 c.666 §1; 1967 c.154 §4; 1979 c.183 §4; 1979 c.499 §35; 1985 c.353 §5; 1991 c.632 §10]

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]

635.045 Rulemaking authority of department relating to nonalcoholic beverage business. After public hearing and under the provisions of ORS 183.310 to 183.550, 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:

(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 beverage products.

(4) Other subject matters set forth in ORS chapter 616, ORS 632.275 to 632.290, 632.450 to 632.490 and 632.900 to 632.985 and other provisions reasonably necessary to insure that the products are sanitary and healthful. [1967 c.154 §5; 1983 c.740 §237]

635.050 [Repealed by 1967 c.154 §9]

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]

635.060 [Repealed by 1955 c.666 §5]

635.061 [1955 c.666 §4; repealed by 1967 c.154 §9]

635.070 [Repealed by 1967 c.154 §9]

635.080 [Repealed by 1967 c.154 §9]

635.090 [Repealed by 1967 c.154 §9]

635.100 [Repealed by 1967 c.154 §9]

635.110 [Amended by 1955 c.666 §2; repealed by 1967 c.154 §9]

635.120 [Repealed by 1967 c.154 §9]

635.130 [Repealed by 1955 c.666 §5]

635.140 [Repealed by 1967 c.154 §9]

635.150 [Repealed by 1967 c.154 §9]

635.160 [Repealed by 1967 c.154 §9]

635.170 [Repealed by 1967 c.154 §9]

635.180 [Repealed by 1967 c.154 §9]

635.990 [Repealed by 1967 c.154 §9]

635.991 Penalties. Violation of any provision of this chapter is punishable, upon conviction, by a fine not exceeding $500 or by imprisonment in the county jail not exceeding six months, or both. [1967 c.154 §8]