OAR 603-021-0920
Schedule of Civil Penalties


In addition to any penalty available under ORS 561.190 (Rules and regulations) or 635.991 (Criminal penalties), the Department may issue civil penalties with respective amounts for:

(1)

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

(a)

Minor — $2,000 to $6,000;

(b)

Moderate — $6,001 to $8,000; or

(c)

Major — $8,001 to $10,000.

(2)

Failure to display the numbered license certificate in a licensed bakery in accordance with ORS 625.070 (Posting and surrender of certificate). Penalty — $100.

(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 (Distributor’s license required). Penalties:

(a)

Minor — $2,500 to $5,000;

(b)

Moderate — $5,001 to $7,500; or

(c)

Major — $7,501 to $10,000.

(4)

Failure to display the numbered license certificate of a distributor licensed in accordance with ORS 625.120 (Display and surrender of certificate). Penalty — $100.

(5)

Interference with a lawful inspection authorized under ORS 625.140 (Inspection of bakeries and vehicles). Penalty — $5,000 to $10,000.

(6)

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

(a)

Minor — $100 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(7)

Violation of labeling standards in OAR 603-021-0015 (Labeling and Marking of Containers). Penalties:

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(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 (Standards of identity or quality for flours, macaroni and noodle products). Penalties:

(a)

Minor — $1,000 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

(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 (License required for manufacture of nonalcoholic beverage). Penalty — $5,000 to $10,000.

(10)

Failure to maintain adequate sanitation or other measures as described in OAR 603-021-0007 (Domestic Kitchen Bakeries), 603-021-0010 (Construction and Sanitation Standards), 603-021-0710 (Sanitation Standards; Facilities), or 603-021-0720 (Processing Methods) to 603-021-0750 (Personal Hygiene). Penalty — $500 to $5,000.

(11)

Failure to maintain adequate facilities as described in OAR 603-021-0715 (Construction and Repair of Equipment). Penalty — $500 to $5,000.

(12)

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

(a)

Minor — $500 to $4,000;

(b)

Moderate — $4,001 to $7,000; or

(c)

Major — $7,001 to $10,000.

Source: Rule 603-021-0920 — Schedule of Civil Penalties, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-021-0920.

Last Updated

Jun. 24, 2021

Rule 603-021-0920’s source at or​.us