Chapter 735 Oregon Laws 2005

AN ACT

HB 2539

Relating to State Department of Agriculture fees; creating new provisions; amending ORS 603.025, 616.706, 619.031, 619.036, 621.072, 621.166, 625.180 and 635.030; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 603.025 is amended to read:

603.025. (1) [No person shall] 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[, nor shall such person sell, offer for sale or expose for sale meat products without such license]. All such licenses shall expire on June 30 next [succeeding their] following the date of issuance. Renewal applications must be postmarked prior to June 30 to be a timely application.

(2) Application for a license required by this section shall be made to the department[,] on forms prescribed by the department, which shall contain [such] any information [as] the department deems necessary. The license is personal and nontransferable, with a separate license required for each establishment location. A new license is required [at any] 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[, whose] under subsection (4)(c) of this section has an average weekly dollar value of meat animal purchases that exceeds $10,000, [for which the fee is prescribed by subsection (4)(c) of this section] 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[, in either case in]. 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[, which shall only allow]. A license under this section allows only the meat products preparation described in ORS 603.010 (8).

(b) Operation of a nonslaughtering processing establishment[, which shall allow]. 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[, which shall allow]. 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[, which shall not allow]. 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[, which shall allow]. 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) The license fees shall be established by the department in accordance with ORS chapter 183, and shall not be less than $25 nor more than $750 for each establishment. A license fee may be established at a specified amount for each category of activities described in subsection (4) of this section, or may be established on the basis of the annual gross dollar volume of sales or services of each establishment in each of the categories. The license fees may be different for each category. In establishing the basis and amounts for the license fees the department shall consider, among other things, the number of establishments in each category of activities described in subsection (4) of this section, the various annual gross dollar volumes of business of the establishments, the differences in activities carried on at the establishments in each category described in subsection (4) of this section, and the costs of administration and enforcement of the laws set forth in ORS 603.095.]

(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.

SECTION 2. ORS 603.025, as amended by section 1 of this 2005 Act, is amended to read:

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. Renewal applications must be postmarked prior to June 30 to be a timely application.

(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 [(8)] (7) of this section, the license fees for establishments under this section are:

(a) [$200] $216 if the establishment’s annual gross dollar volume of sales and services is not more than $50,000;

(b) [$250] $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) [$300] $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) [$450] $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) [$500] $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) [$650] $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, [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] $108 if the establishment’s annual gross dollar volume of sales and services is not more than $5,000; or

(b) [$150] $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) 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)] (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 3. ORS 616.706 is amended to read:

616.706. (1) Except as otherwise provided in ORS 616.695 to 616.755, [no person shall] a person may not operate a food establishment without first obtaining and thereafter maintaining a license [therefor. Application for a license shall be made] 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 [its] the date of issuance.

(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 [regulations prescribed thereunder] 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 [thereunder], under one entity or ownership. With prior approval of the department, the location of a licensed food establishment, or any part [thereof] 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 fees shall be established by the department in accordance with ORS chapter 183, and shall not be less than $25 nor more than $750 for each establishment. The license fees may be established at a specified amount for a retail food store, food warehouse, food processing establishment, or other food establishment, or may be established on the basis of the annual gross dollar volume of sales or services of each establishment in each of these four categories of food establishments. The license fees may be different for each category. In establishing the basis and amounts for the license fees the department shall consider, among other things, the number of establishments in each of the four categories of food establishments, the various annual gross dollar volumes of business of the establishments, the differences in activities carried on at the establishments, and the costs of administration and enforcement of this chapter.]

(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.

SECTION 4. ORS 616.706, as amended by section 3 of this 2005 Act, is amended to read:

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.

(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.

(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] $189.

(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] $325 if the gross sales of an applicant’s covered operations are not more than $50,000;

(b) [$425] $460 if the gross sales of an applicant’s covered operations are more than $50,000 and not more than $500,000;

(c) [$500] $541 if the gross sales of an applicant’s covered operations are more than $500,000 and not more than $1 million;

(d) [$650] $704 if the gross sales of an applicant’s covered operations are more than $1 million and not more than $5 million;

(e) [$750] $812 if the gross sales of an applicant’s covered operations are more than $5 million and not more than $10 million; or

(f) [$850] $920 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] $135 if the gross sales of an applicant’s covered operations are not more than $50,000;

(b) [$250] $271 if the gross sales of an applicant’s covered operations are more than $50,000 and not more than $500,000;

(c) [$300] $325 if the gross sales of an applicant’s covered operations are more than $500,000 and not more than $1 million;

(d) [$450] $487 if the gross sales of an applicant’s covered operations are more than $1 million and not more than $5 million;

(e) [$550] $595 if the gross sales of an applicant’s covered operations are more than $5 million and not more than $10 million; or

(f) [$650] $704 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] $108 if the gross sales of an applicant’s covered operations are not more than $50,000;

(b) [$125] $135 if the gross sales of an applicant’s covered operations are more than $50,000 and not more than $10 million; or

[(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)] (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 5. ORS 619.031 is amended to read:

619.031. (1) [No person shall] A person may not operate an animal food slaughtering establishment or processing establishment without first obtaining a license therefor from the State Department of Agriculture. [The license fee shall be established by the department in accordance with ORS chapter 183, and shall not be less than $25 nor more than $750 for each establishment. The license fees may be established at a specified amount or may be established on the basis of the annual gross dollar volume of sales or services of each establishment. In establishing the basis and amounts for the license fees, the department shall consider, among other things, the number of establishments, the various gross annual dollar volumes of business of the establishments and the cost of administration and enforcement of this chapter.]

(2) Except as provided in subsection (3) of this section, the license fees for an animal food slaughtering establishment or processing establishment 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.

(3) The department shall increase the license fee amounts described in subsection (2) 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 on July 1, 2006.

(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 and 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. The license shall expire on June 30 next following the date of issuance.

[(2)] (5) The provisions of ORS 603.025 (2) and (5), 603.034 (1) and (2), 603.045 (7) and 603.075 shall apply to animal food slaughtering establishments or processing establishments. Except as provided in this subsection, the remainder of the provisions of ORS chapter 603 do not apply to such establishments.

[(3)] (6) Notwithstanding subsection (1) of this section, a person licensed by the department under ORS chapter 603 to slaughter meat animals and subject to federal meat inspection, or a person licensed by the department under ORS chapter 603 to slaughter only poultry and rabbits and subject to federal poultry inspection, or a person licensed by the department under ORS chapter 603 as a nonslaughtering processor may, without being required to obtain an additional license, also sell or dispose of meat products as animal food provided that such licensees also comply with the provisions of subsection [(4)] (7) of this section, ORS 619.010 to 619.026 and 619.036 to 619.066.

[(4)] (7) In accordance with the provisions of ORS chapter 183, the department may promulgate rules necessary to carry out and enforce any procedures or measures to protect the health of the animals [which] that are fed or intended to be fed the meat products sold [by,] or disposed of by[,] animal food slaughtering establishments or processing establishments, and to protect the health of other animals in this state. In addition to the provisions of ORS 619.046, for the purposes of this section the department shall take into consideration:

(a) The provisions of ORS chapter 596.

(b) The procedures necessary to [insure] ensure that [such] meat products [which] that are only fit for or destined for animal consumption are not sold for human consumption.

[(5)] (8) A person licensed as provided by this section:

(a) [Shall] May not sell, hold or offer for sale any carcass of a meat animal or part thereof [which] that is unfit for or unwholesome as animal food.

(b) [Shall] May not sell, hold or offer for sale a carcass of a meat animal or part thereof for human consumption.

(c) Shall keep complete and accurate records of the meat animals purchased for slaughter, including but not limited to their description, brands if any, date of purchase and the name and address of the person from whom the animals were purchased.

(d) Shall keep complete and accurate records of the sale of all meat animal carcasses or parts thereof, including the name and address of the purchaser.

(e) Shall comply with the provisions of ORS 619.026.

SECTION 6. ORS 619.031, as amended by section 5 of this 2005 Act, is amended to read:

619.031. (1) A person may not operate an animal food slaughtering establishment or processing establishment without first obtaining a license therefor from the State Department of Agriculture.

(2) [Except as provided in subsection (3) of this section,] The license fees for an animal food slaughtering establishment or processing establishment are:

(a) [$200] $216 if the establishment’s annual gross dollar volume of sales and services is not more than $50,000;

(b) [$250] $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) [$300] $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) [$450] $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) [$500] $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) [$650] $704 if the establishment’s annual gross dollar volume of sales and services is more than $10 million.

[(3) The department shall increase the license fee amounts described in subsection (2) 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 on July 1, 2006.]

[(4)] (3) 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 and 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. The license shall expire on June 30 next following the date of issuance.

[(5)] (4) The provisions of ORS 603.025 (2) and (5), 603.034 (1) and (2), 603.045 (7) and 603.075 shall apply to animal food slaughtering establishments or processing establishments. Except as provided in this subsection, the remainder of the provisions of ORS chapter 603 do not apply to such establishments.

[(6)] (5) Notwithstanding subsection (1) of this section, a person licensed by the department under ORS chapter 603 to slaughter meat animals and subject to federal meat inspection, or a person licensed by the department under ORS chapter 603 to slaughter only poultry and rabbits and subject to federal poultry inspection, or a person licensed by the department under ORS chapter 603 as a nonslaughtering processor may, without being required to obtain an additional license, also sell or dispose of meat products as animal food provided that such licensees also comply with the provisions of subsection [(7)] (6) of this section, ORS 619.010 to 619.026 and 619.036 to 619.066.

[(7)] (6) In accordance with the provisions of ORS chapter 183, the department may promulgate rules necessary to carry out and enforce any procedures or measures to protect the health of the animals that are fed or intended to be fed the meat products sold or disposed of by animal food slaughtering establishments or processing establishments, and to protect the health of other animals in this state. In addition to the provisions of ORS 619.046, for the purposes of this section the department shall take into consideration:

(a) The provisions of ORS chapter 596.

(b) The procedures necessary to ensure that meat products that are only fit for or destined for animal consumption are not sold for human consumption.

[(8)] (7) A person licensed as provided by this section:

(a) May not sell, hold or offer for sale any carcass of a meat animal or part thereof that is unfit for or unwholesome as animal food.

(b) May not sell, hold or offer for sale a carcass of a meat animal or part thereof for human consumption.

(d) Shall keep complete and accurate records of the sale of all meat animal carcasses or parts thereof, including the name and address of the purchaser.

(e) Shall comply with the provisions of ORS 619.026.

SECTION 7. ORS 619.036 is amended to read:

619.036. The State Department of Agriculture is authorized:

(1) To inspect at reasonable times the equipment, meat and meat products and premises of establishments, meat seller establishments, grocery stores, or other places of business, for the purpose of enforcing minimum sanitary requirements, wholesomeness of meat and meat products and other provisions of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993 or rules [promulgated thereunder] adopted under ORS 576.024, 619.010 to 619.071, 619.370 and 619.993.

(2) To seize, embargo or detain any food commodity, or quarantine any building, equipment, vehicle or facility found upon inspection or test to be in violation of ORS 619.026 to 619.066 or of any rule [promulgated pursuant thereto] adopted under ORS 619.026 to 619.066.

(3) To inspect at reasonable times the records required to be kept by ORS 619.031 [(5)] (8).

SECTION 8. ORS 619.036, as amended by section 7 of this 2005 Act, is amended to read:

619.036. The State Department of Agriculture is authorized:

(1) To inspect at reasonable times the equipment, meat and meat products and premises of establishments, meat seller establishments, grocery stores, or other places of business, for the purpose of enforcing minimum sanitary requirements, wholesomeness of meat and meat products and other provisions of ORS 576.024, 619.010 to 619.071, 619.370 and 619.993 or rules adopted under ORS 576.024, 619.010 to 619.071, 619.370 and 619.993.

(3) To inspect at reasonable times the records required to be kept by ORS 619.031 [(8)] (7).

SECTION 9. ORS 621.072 is amended to read:

621.072. (1) The State Department of Agriculture shall issue a license to use a grade designation to any person who:

(a) Makes written application for a license on forms provided by the department;

(b) Pays the designated license fee;

(d) Meets the requirements of the particular grade designation for which application is made.

(2) If a person carries on the activities of a producer and a producer-distributor, the person must obtain a separate license for each of those activities. If a producer-distributor manufactures products from both grade A fluid milk and grade B fluid milk at the same premises, the producer-distributor must obtain separate licenses for grade A product manufacturing activity and grade B product manufacturing activity.

(3) Licenses issued under this section shall be personal and not transferable.

(4) Each milk hauler, milk receiver or other person who grades fluid milk as fit or unfit for processing as fluid milk due to quality, odor, flavor or wholesomeness must first obtain a license from the department authorizing that person to sample and grade fluid milk. Each applicant for a milk sampler’s and grader’s license shall, by written examination, demonstrate an adequate knowledge of milk sanitation as it relates to the sampling, grading and handling of fluid milk and cream for analysis. The department shall give examinations for licenses at such times and places as appears to be necessary and practicable.

(5) Before and after issuing a license to a person as a producer, producer-distributor, distributor or nonprocessing distributor of fluid milk, the department shall, as it deems necessary, inspect the physical facilities of the applicant’s dairy, milk processing plant or distribution center and investigate other factors the department determines may relate to the production, processing or distribution of fluid milk. The physical facilities must conform to the production, processing or distribution requirements for the fluid milk grade designation sought or held.

(6) Each license issued under this section expires on June 30 next following the date of its issuance unless sooner revoked and may be renewed upon application of the licensee. Each application for a license or annual renewal thereof shall be accompanied by a license fee. [The department shall establish the fees for the several types of licenses in accordance with ORS chapter 183. The fees shall not be less than $25 nor more than $750 for each category of activity specified in subsection (7) of this section.]

[(7) The license fees established by the department shall be for the following activities:]

[(a) Producer;]

[(b) Producer-distributor;]

[(c) Distributor;]

[(d) Nonprocessing distributor; and]

[(e) Milk sampler and grader.]

(7) The department shall establish license fee schedules for milk samplers and graders in accordance with ORS chapter 183. A fee may not be less than $25 or more than $50.

(8) Except as provided in subsection (10) of this section, the license fees for producer-distributors, distributors and nonprocessing distributors 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.

(9) Except as provided in subsection (10) of this section, the license fees for producers are:

(a) $125 if the applicant’s annual gross sales are not more than $50,000;

(b) $175 if an applicant’s annual gross sales are more than $50,000 and not more than $500,000;

(c) $300 if an applicant’s annual gross sales are more than $500,000 and not more than $1 million;

(d) $450 if an applicant’s annual gross sales are more than $1 million and not more than $5 million;

(e) $600 if an applicant’s annual gross sales are more than $5 million and not more than $10 million; or

(f) $750 if an applicant’s annual gross sales are more than $10 million.

(10) The department shall increase the license fee amounts described in subsections (8) and (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 fee amounts shall occur on July 1, 2006.

(11) In establishing the amount of the license fee for an applicant under this section, 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 and 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.

[(8)] (12) A distributor or producer-distributor must obtain a license and pay [the fee described under subsection (6)] license fees as provided under subsection (8) of this section for each physical facility used to produce, process or distribute fluid milk. A person is not required to obtain a distributor or producer-distributor license [to be a distributor or producer-distributor] to act as a milk hauler or to operate receiving or transfer stations in conjunction with a milk processing plant.

[(9)] (13) The department may refuse to issue or renew, or may suspend or revoke, a license for any violation of this section or ORS 621.062, 621.070, 621.076, 621.084, 621.088, 621.117, 621.122 or 621.259 or processes or standards established under ORS 621.060 or 621.083.

SECTION 10. ORS 621.072, as amended by section 9 of this 2005 Act, is amended to read:

621.072. (1) The State Department of Agriculture shall issue a license to use a grade designation to any person who:

(a) Makes written application for a license on forms provided by the department;

(b) Pays the designated license fee;

(d) Meets the requirements of the particular grade designation for which application is made.

(3) Licenses issued under this section shall be personal and not transferable.

(7) The department shall establish license fee schedules for milk samplers and graders in accordance with ORS chapter 183. A fee may not be less than $25 or more than $50.

(8) [Except as provided in subsection (10) of this section,] The license fees for producer-distributors, distributors and nonprocessing distributors are:

(a) [$125] $135 if the applicant’s annual gross dollar volume of sales and services is not more than $50,000;

(b) [$175] $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) [$300] $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) [$450] $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) [$600] $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) [$750] $812 if an applicant’s annual gross dollar volume of sales and services is more than $10 million.

(9) [Except as provided in subsection (10) of this section,] The license fees for producers are:

(a) [$125] $135 if the applicant’s annual gross sales are not more than $50,000;

(b) [$175] $189 if an applicant’s annual gross sales are more than $50,000 and not more than $500,000;

(d) [$450] $487 if an applicant’s annual gross sales are more than $1 million and not more than $5 million;

(e) [$600] $649 if an applicant’s annual gross sales are more than $5 million and not more than $10 million; or

(f) [$750] $812 if an applicant’s annual gross sales are more than $10 million.

[(10) The department shall increase the license fee amounts described in subsections (8) and (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 fee amounts shall occur on July 1, 2006.]

[(11)] (10) In establishing the amount of the license fee for an applicant under this section, 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 and 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.

[(12)] (11) A distributor or producer-distributor must obtain a license and pay license fees as provided under subsection (8) of this section for each physical facility used to produce, process or distribute fluid milk. A person is not required to obtain a distributor or producer-distributor license to act as a milk hauler or to operate receiving or transfer stations in conjunction with a milk processing plant.

[(13)] (12) The department may refuse to issue or renew, or may suspend or revoke, a license for any violation of this section or ORS 621.062, 621.070, 621.076, 621.084, 621.088, 621.117, 621.122 or 621.259 or processes or standards established under ORS 621.060 or 621.083.

SECTION 11. ORS 621.166 is amended to read:

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. 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 license fees shall be established by the department in accordance with ORS chapter 183, and shall not be less than $25 nor more than $750 for each dairy products plant or mobile milk tanker.] 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. The license shall expire on June 30 next following the date of issuance.

SECTION 12. ORS 621.166, as amended by section 11 of this 2005 Act, is amended to read:

(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] $135 if the applicant’s annual gross dollar volume of sales and services is not more than $50,000;

(b) [$175] $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) [$300] $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) [$450] $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) [$600] $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) [$750] $812 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)] (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. The license shall expire on June 30 next following the date of issuance.

SECTION 13. ORS 625.180 is amended to read:

625.180. (1) Every bakery or bakery distributor doing business in this state shall pay a license fee [established by the State Department of Agriculture in accordance with ORS chapter 183, which shall not be less than $25 nor more than $750 for each establishment. The license fees may be established at a specified amount for each establishment acting as a bakery or bakery distributor, or may be established on the basis of the annual gross dollar volume of sales of each establishment in each of the two types of business. The license fee may be different for each type of business. In establishing the basis and amounts for the license fees the department shall consider, among other things, the number of bakeries and bakery distributors, the various annual gross dollar volumes of business of the establishments, and the costs of administration and enforcement of this chapter].

[(2) The payment of the bakery or distributor’s license fee by any bakery or distributor entitles the bakery or distributor to the right to use one vehicle for the delivery or distribution of bakery products. For each additional vehicle so used each bakery shall pay an annual registration fee of $8 which shall be payable together with the bakery or distributor’s license fee; except that whenever any bakery, at any time during any license year, desires to use an additional vehicle required to be registered by this section, and not so registered, such bakery or distributor shall, before using such vehicle in the sale or distribution of bakery products, make application to the department and pay the required $8 registration fee. All such vehicle registrations shall, together with the bakery and distributors’ licenses, expire on June 30 next following their date of issuance.]

(2) Except as provided in subsection (4) of this section, the license fees for a distributor may not be less than $25 and may not exceed $100. Except as provided in subsection (4) of this section, the fees for a bakery, other than a domestic kitchen bakery, are:

(a) $225 if the bakery’s annual gross sales are not more than $50,000;

(b) $350 if the bakery’s annual gross sales are more than $50,000 and not more than $500,000;

(c) $450 if the bakery’s annual gross sales are more than $500,000 and not more than $1 million;

(d) $750 if the bakery’s annual gross sales are more than $1 million and not more than $5 million;

(e) $1,000 if the bakery’s annual gross sales are more than $5 million and not more than $10 million; or

(f) $1,500 if the bakery’s annual gross sales are more than $10 million.

(3) Except as provided in subsection (4) of this section, the license fees for a domestic kitchen bakery are:

(a) $140 if the bakery’s annual gross sales are not more than $50,000;

(b) $200 if the bakery’s annual gross sales are more than $50,000 and not more than $500,000;

(c) $300 if the bakery’s annual gross sales are more than $500,000 and not more than $1 million;

(d) $450 if the bakery’s annual gross sales are more than $1 million and not more than $5 million;

(e) $600 if the bakery’s annual gross sales are more than $5 million and not more than $10 million; or

(f) $750 if the bakery’s annual gross sales are more than $10 million.

(4) The department shall increase the license fee amounts described in subsections (2) and (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 on July 1, 2006.

(5) In establishing the amount of the license fee for a bakery or bakery distributor, the department shall use the annual gross sales by that bakery or distributor within Oregon during the prior calendar year or, if the bakery or distributor maintains sales records on a fiscal basis, the prior fiscal year. If the bakery or distributor applying for an original license or for a renewal license cannot provide the annual gross sales for a full calendar year, the department shall base the fee on estimated annual gross sales by the bakery or distributor. If a bakery or distributor whose previous year’s fee was determined using an estimated gross sales figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross sales by the bakery or distributor.

SECTION 14. ORS 625.180, as amended by section 13 of this 2005 Act, is amended to read:

625.180. (1) Every bakery or bakery distributor doing business in this state shall pay a license fee.

(2) [Except as provided in subsection (4) of this section,] The license fees for a distributor may not be less than $25 and may not exceed [$100] $108. [Except as provided in subsection (4) of this section,] The fees for a bakery, other than a domestic kitchen bakery, are:

(a) [$225] $244 if the bakery’s annual gross sales are not more than $50,000;

(b) [$350] $379 if the bakery’s annual gross sales are more than $50,000 and not more than $500,000;

(d) [$750] $812 if the bakery’s annual gross sales are more than $1 million and not more than $5 million;

(e) [$1,000] $1,082 if the bakery’s annual gross sales are more than $5 million and not more than $10 million; or

(f) [$1,500] $1,624 if the bakery’s annual gross sales are more than $10 million.

(3) [Except as provided in subsection (4) of this section,] The license fees for a domestic kitchen bakery are:

(a) [$140] $152 if the bakery’s annual gross sales are not more than $50,000;

(b) [$200] $216 if the bakery’s annual gross sales are more than $50,000 and not more than $500,000;

(d) [$450] $487 if the bakery’s annual gross sales are more than $1 million and not more than $5 million;

(e) [$600] $649 if the bakery’s annual gross sales are more than $5 million and not more than $10 million; or

(f) [$750] $812 if the bakery’s annual gross sales are more than $10 million.

[(4) The department shall increase the license fee amounts described in subsections (2) and (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 on July 1, 2006.]

[(5)] (4) In establishing the amount of the license fee for a bakery or bakery distributor, the department shall use the annual gross sales by that bakery or distributor within Oregon during the prior calendar year or, if the bakery or distributor maintains sales records on a fiscal basis, the prior fiscal year. If the bakery or distributor applying for an original license or for a renewal license cannot provide the annual gross sales for a full calendar year, the department shall base the fee on estimated annual gross sales by the bakery or distributor. If a bakery or distributor whose previous year’s fee was determined using an estimated gross sales figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross sales by the bakery or distributor.

SECTION 15. ORS 635.030 is amended to read:

635.030. (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 chapter 183, 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) Except as provided in subsection (4) of this section, the license fees for a nonalcoholic beverage manufacturer are:

(a) $150 if the manufacturer’s annual gross sales are not more than $50,000;

(b) $250 if the manufacturer’s annual gross sales are more than $50,000 and not more than $500,000;

(c) $350 if the manufacturer’s annual gross sales are more than $500,000 and not more than $1 million;

(d) $550 if the manufacturer’s annual gross sales are more than $1 million and not more than $5 million;

(e) $650 if the manufacturer’s annual gross sales are more than $5 million and not more than $10 million; or

(f) $850 if the manufacturer’s annual gross sales are more than $10 million.

(5) In establishing the amount of the license fee for a manufacturer, the department shall use the annual gross sales by that manufacturer within Oregon during the prior calendar year or, if the manufacturer maintains sales records on a fiscal basis, the prior fiscal year. If the manufacturer applying for an original license or for a renewal license cannot provide the annual gross sales for a full calendar year, the department shall base the fee on estimated annual gross sales by the manufacturer. If a manufacturer whose previous year’s fee was determined using an estimated gross sales figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross sales by the manufacturer.

[(3)] (6) All such licenses shall expire on 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)] subsections (3) and (4) 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.

SECTION 16. ORS 635.030, as amended by section 15 of this 2005 Act, is amended to read:

(2) Each nonalcoholic beverage manufacturer doing business in this state shall pay a license fee.

(3) [Except as provided in subsection (4) of this section,] The license fees for a nonalcoholic beverage manufacturer are:

(a) [$150] $162 if the manufacturer’s annual gross sales are not more than $50,000;

(b) [$250] $271 if the manufacturer’s annual gross sales are more than $50,000 and not more than $500,000;

(d) [$550] $595 if the manufacturer’s annual gross sales are more than $1 million and not more than $5 million;

(e) [$650] $704 if the manufacturer’s annual gross sales are more than $5 million and not more than $10 million; or

(f) [$850] $920 if the manufacturer’s annual gross sales are more than $10 million.

[(5)] (4) In establishing the amount of the license fee for a manufacturer, the department shall use the annual gross sales by that manufacturer within Oregon during the prior calendar year or, if the manufacturer maintains sales records on a fiscal basis, the prior fiscal year. If the manufacturer applying for an original license or for a renewal license cannot provide the annual gross sales for a full calendar year, the department shall base the fee on estimated annual gross sales by the manufacturer. If a manufacturer whose previous year’s fee was determined using an estimated gross sales figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross sales by the manufacturer.

[(6)] (5) All such licenses shall expire on 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 [subsections (3) and (4)] subsection (3) 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.

SECTION 17. The amendments to ORS 603.025, 616.706, 619.031, 619.036, 621.072, 621.166, 625.180 and 635.030 by sections 2, 4, 6, 8, 10, 12, 14 and 16 of this 2005 Act become operative on January 2, 2010.

SECTION 18. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect July 1, 2005.

Approved by the Governor August 17, 2005

Filed in the office of Secretary of State August 17, 2005

Effective date August 17, 2005

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