In addition to any penalty available under ORS 561.190 or 635.991, the Department may issue civil penalties with respective amounts for:

1. (1) Operating or participating in the operation of any bakery within this state without a license for that bakery pursuant to ORS 625.020(1). Penalties:

   1. (a) Minor — $2,000 to $6,000;
   2. (b) Moderate — $6,001 to $8,000; or
   3. (c) Major — $8,001 to $10,000.
2. (2) Failure to display the numbered license certificate in a licensed bakery in accordance with ORS 625.070. Penalty — $100.

3. (3) Engaging within this state in the sale or distribution of any bakery product, other than exclusively as a retail food store or otherwise at retail at a fixed place or places of business, without holding a license so to do issued to that person by the Department pursuant to ORS 625.080. Penalties:

   1. (a) Minor — $2,500 to $5,000;
   2. (b) Moderate — $5,001 to $7,500; or
   3. (c) Major — $7,501 to $10,000.
4. (4) Failure to display the numbered license certificate of a distributor licensed in accordance with ORS 625.120. Penalty — $100.
5. (5) Interference with a lawful inspection authorized under ORS 625.140. Penalty — $5,000 to $10,000.

6. (6) Violation of ORS 625.215, relating to prohibited bakery products. Penalties:

   1. (a) Minor — $100 to $4,000;
   2. (b) Moderate — $4,001 to $7,000; or
   3. (c) Major — $7,001 to $10,000.

7. (7) Violation of labeling standards in OAR 603-021-0015. Penalties:

   1. (a) Minor — $500 to $4,000;
   2. (b) Moderate — $4,001 to $7,000; or
   3. (c) Major — $7,001 to $10,000.

8. (8) Failure to meet the standard of identity for Bakery Products, cereal flours and related products with an established state or federal standard of identity as explained in ORS 616.780. Penalties:

   1. (a) Minor — $1,000 to $4,000;
   2. (b) Moderate — $4,001 to $7,000; or
   3. (c) Major — $7,001 to $10,000.
9. (9) Operating or engaging in the business of a nonalcoholic beverage manufacturer without first obtaining and thereafter maintaining a license, or renewal thereof, from the Department pursuant to ORS 635.027. Penalty — $5,000 to $10,000.
10. (10) Failure to maintain adequate sanitation or other measures as described in OAR 603-021-0007, 603-021-0010, 603-021-0710, or 603-021-0720 to 603-021-0750. Penalty — $500 to $5,000.
11. (11) Failure to maintain adequate facilities as described in OAR 603-021-0715. Penalty — $500 to $5,000.

12. (12) Labeling carbonated beverages, still drinks, or mineral waters inconsistent with the provisions of OAR 603-021-0755. Penalties:

    1. (a) Minor — $500 to $4,000;
    2. (b) Moderate — $4,001 to $7,000; or
    3. (c) Major — $7,001 to $10,000.

Statutory/Other Authority

ORS 561.190, 625.995 & 635.995

Statutes/Other Implemented

ORS 625.995 & 635.995

History

DOA 2-2013, f. & cert. ef. 2-7-13