Chapter 645
AN ACT
HB 2617
Relating to food establishments; creating new provisions; and amending
ORS 603.034.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS chapter 603.
SECTION 2. (1) The State Department of Agriculture may
issue licenses under this chapter to one or more additional users of a custom
processing establishment, custom slaughtering establishment, meat seller
establishment, nonslaughtering processing establishment or slaughterhouse that
is licensed primarily for operation by another person. A license issued to an
additional user of an establishment described in this subsection shall cover
all operations at that establishment by the person licensed. Regardless of the
number of persons licensed to use an establishment described in this
subsection, the department may not recognize more than one person as the
primary operator of the establishment.
(2) The department may
assess a license fee to an additional user of an establishment described in
this section, calculated as provided in ORS 603.025. In calculating license
fees under ORS 603.025, the establishment’s annual gross dollar volume of sales
and services for an additional user of the establishment is independent of the
establishment’s annual gross dollar volume of sales for any other user or the
primary operator of the establishment.
(3) Notwithstanding ORS
603.025, the department may adopt rules to establish the license expiration,
renewal and application dates for additional users of an establishment.
(4) The department may
adopt rules to determine the responsibilities of an establishment’s primary
operator and additional users of the establishment under ORS 603.034, 603.045
(6), 603.055 and 603.059 and rules adopted under ORS 603.055 and 603.085.
(5) A recognized primary
operator of an establishment shall notify the department upon the expiration or
termination of the rental or lease of the establishment by an additional user
of the establishment. The renting or leasing of an establishment to a person
licensed by the department as an additional user of the establishment or the
expiration or termination of use by a person licensed as an additional user of
the establishment does not, by itself, constitute the transfer of a business
for purposes of ORS 603.027.
SECTION 3. ORS 603.034 is amended to read:
603.034. (1) In
accordance with the provisions of ORS chapter 183, the State Department of
Agriculture may suspend, revoke, or refuse to issue a license to any applicant
or licensee whose establishment construction, equipment or sanitation does not
meet the requirements of the State Meat Inspection Act as defined in ORS
chapter 619, or of ORS 599.205 and this chapter, or of the rules promulgated
thereunder.
(2) Notwithstanding the
provisions of ORS chapter 183, upon conviction of a licensee of any violation
of the State Meat Inspection Act, as defined in ORS chapter 619, or of any
provisions of ORS 599.205 and this chapter, or of the rules promulgated
thereunder, or upon determination by the department that a licensee has failed
to maintain the surety bond or letter of credit required by ORS 603.025 (3),
the department is authorized to forthwith suspend or revoke such license. The
department shall, by certified mail addressed to such licensee at the address
shown on the license, render notice that such license has been revoked or
suspended.
(3) Subject to ORS
603.025, authority to carry on more than one type of activity at the same
establishment shall [only] be
approved by the department only if there is compliance [by the licensee] with the laws and rules
applicable to each separate activity.
(4) ORS 599.205 and this
chapter shall not require a person to obtain a license to slaughter on the person’s
own premises a meat animal, owned by the person, for the person’s consumption
or for consumption by members of the person’s household, nonpaying guests or
employees.
SECTION 4. Section 5 of this 2007 Act is added to and
made a part of ORS 616.695 to 616.755.
SECTION 5. (1) The State Department of Agriculture may
issue licenses under ORS 616.695 to 616.755 to one or more additional users of
a food establishment that is licensed primarily for operation by another
person. A license issued to an additional user of the food establishment shall
cover all operations at that establishment by the person licensed. Regardless
of the number of persons licensed to use a food establishment, the department
may not recognize more than one person as the primary operator of the
establishment.
(2) The department may
assess a license fee to an additional user of a food establishment, calculated
as provided in ORS 616.706. In calculating license fees under ORS 616.706, the
gross sales for an additional user of the food establishment are independent of
the gross sales by any other user or the primary operator of the food
establishment.
(3) Notwithstanding ORS
616.706, the department may adopt rules to establish the license expiration,
renewal and application dates for additional users of a food establishment.
(4) The department may
adopt rules to determine the responsibilities of a food establishment’s primary
operator and additional users of the food establishment under ORS 616.700,
616.735 and 616.740.
(5) A recognized primary
operator of a food establishment shall notify the department upon the
expiration or termination of the rental or lease of the food establishment by
an additional user of the establishment. The renting or leasing of a food
establishment to a person licensed by the department as an additional user of
the establishment or the expiration or termination of use by a person licensed
as an additional user of the establishment does not, by itself, constitute the
ceasing or discontinuance of operations or business at the food establishment
by the primary operator or another additional user for purposes of ORS 616.706.
(6) Subsections (1) to
(5) of this section do not apply to a food establishment located in an area
that is part of a domestic kitchen.
SECTION 6. Sections 7 and 8 of this 2007 Act are added
to and made a part of ORS chapter 621.
SECTION 7. (1) The State Department of Agriculture may
issue a distributor or producer-distributor license under ORS 621.072 to one or
more additional users of a milk processing plant that is primarily operated by
another distributor or producer-distributor. A license issued to an additional
user for activities at the milk processing plant may differ in activity type
and fluid milk grade from the license issued to the primary operator of the
plant. The physical facilities of the milk processing plant must conform to the
requirements for all activity types and milk grades for which the primary
operator and the additional users of the plant are licensed. Regardless of the
number of persons licensed to use a milk processing plant, the department may
not recognize more than one distributor or producer-distributor as the primary
operator of the plant.
(2) The department may
assess a distributor or producer-distributor license fee to an additional user
of a milk processing plant, calculated as provided in ORS 621.072. In
calculating license fees under ORS 621.072, the annual gross dollar volume of
sales and services for an additional user of a milk processing plant is independent
of the annual gross dollar volume of sales and services for any other user or
the primary operator of the plant.
(3) Notwithstanding ORS
621.072, the department may adopt rules to establish the license expiration,
renewal and application dates for distributors or producer-distributors that
are additional users of a milk processing plant.
(4) The department may
adopt rules to determine the responsibilities of a milk processing plant’s
primary operator and additional users of the milk processing plant under
standards prescribed by ORS 621.176 and 621.181 and under ORS 621.183.
(5) A recognized primary
operator of a milk processing plant shall notify the department upon the
expiration or termination of the rental or lease of the plant by an additional
user of the plant.
SECTION 8. (1) The State Department of Agriculture may
issue a dairy products plant license under ORS 621.166 to one or more
additional users of a dairy products plant that processes or uses milk to
manufacture dairy products and is primarily operated by another person. A
license issued to an additional user for activities at the dairy products plant
shall cover all operations at that plant by the person licensed. Regardless of
the number of persons licensed to use a dairy products plant, the department
may not recognize more than one person as the primary operator of the plant.
(2) The department may
assess a license fee to an additional user of a dairy products plant described
in subsection (1) of this section, calculated as provided in ORS 621.166. In
calculating license fees under ORS 621.166, the annual gross dollar volume of
sales and services for an additional user of the dairy products plant is
independent of the annual gross dollar volume of sales and services for any
other user or the primary operator of the plant.
(3) Notwithstanding ORS
621.166, the department may adopt rules to establish the license expiration,
renewal and application dates for additional users of a dairy products plant.
(4) The department may
adopt rules to determine the responsibilities of the dairy products plant’s
primary operator and additional users of the dairy products plant’s under
standards prescribed by ORS 621.176 and 621.181 and under ORS 621.183.
(5) A recognized primary
operator of a dairy products plant shall notify the department upon the
expiration or termination of the rental or lease of the plant by an additional
user of the plant.
SECTION 9. Section 10 of this 2007 Act is added to and
made a part of ORS 625.010 to 625.270.
SECTION 10. (1) The State Department of Agriculture may
issue licenses under ORS 625.030 to one or more additional users of a bakery
that is licensed primarily for operation by another person. A license issued to
an additional user of the bakery shall cover all operations at that bakery by
the person licensed. Regardless of the number of persons licensed to use a
bakery, the department may not recognize more than one person as the primary
operator of the bakery.
(2) The department may
assess a license fee to an additional user of a bakery, calculated as provided
in ORS 625.180. In calculating license fees under ORS 625.180, the gross sales
by an additional user of a bakery are independent of the gross sales by any
other user or the primary operator of the bakery.
(3) Notwithstanding ORS
625.050, the department may adopt rules to establish the license expiration,
renewal and application dates for additional users of a bakery.
(4) The department may
adopt rules to determine the responsibilities of a bakery’s primary operator
and additional users of the bakery under requirements prescribed by the
department as provided under ORS 625.150.
(5) A recognized primary
operator of a bakery shall notify the department upon the expiration or
termination of the rental or lease of the bakery by an additional user of the
bakery.
(6) Subsections (1) to
(5) of this section do not apply to a bakery located in an area that is part of
a domestic kitchen.
Approved by the Governor June 26, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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