(2) The State Department of Agriculture may adopt rules establishing license fee schedules for:

(a) A bakery distributor;

(b) A domestic kitchen bakery; and

(c) A bakery other than a domestic kitchen bakery.

(3) The department may determine the license fee for a bakery or bakery distributor based upon the annual gross sales by the applicant. 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.

(4) Except as provided in this subsection, the department may not adopt a rule under this section to establish a license fee that is more than three percent higher than the license fee charged during the preceding year for a bakery distributor having the same volume of gross sales or for a bakery of the same type and having the same volume of gross sales. When adopting a rule establishing a license fee, notwithstanding the three percent limit, the department may round the fee amount to the next higher whole dollar amount. Fee schedules adopted under this section may not change the amount of the same license fee more frequently than once each year. [Amended by 1967 c.244 §1; 1973 c.243 §2; 1975 c.312 §2; 1982 s.s.1 c.4 §11; 1983 c.503 §1; 1989 c.253 §3; 1991 c.632

§6; 2005 c.22 §442; 2005 c.735 §§13,14; 2012 c.64 §11]

Note: The amendments to 625.180 by section 41, chapter 64, Oregon Laws 2012, become operative July 1, 2026. See section 45, chapter 64, Oregon Laws 2012, as amended by section 10, chapter 386, Oregon Laws 2019. The text that is operative on and after July 1, 2026, including amendments by section 6, chapter 386, Oregon Laws 2019, is set forth for the user’s convenience. (1) Every bakery or bakery distributor doing business in this state shall pay a license fee.

(2) The State Department of Agriculture may adopt rules establishing license fee schedules for:

(a) A bakery distributor;

(b) A domestic kitchen bakery; and

(c) A bakery other than a domestic kitchen bakery.

(3) The department may determine the license fee for a bakery or bakery distributor based upon the annual gross sales by the applicant. 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.

(4) The department may not adopt or enforce a rule under this section establishing a license fee for a bakery distributor that is higher than the license fee charged for the license year that began July 1, 2025, for a bakery distributor having the same volume of gross sales. The department may not adopt or enforce a rule under this section establishing a license fee for a bakery that is higher than the license fee charged for the license year that began July 1, 2025, for a bakery of the same type and having the same volume of gross sales. Fee schedules adopted under this section may not change the amount of the same license fee more frequently than once each year.