Oregon Code § 616.706·Enacted ·Last updated March 01, 2026
Statute Text
License; sanctions; posting; fees; fee increase limits; rules.
(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 or on such date as may be
specified by department rule.
(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 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, 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.
(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
department may adopt rules establishing license fee schedules for a food
establishment:
(a) That is part
of a domestic kitchen;
(b) That is a
retail food store;
(c) That is a
warehouse; or
(d) That is other
than part of a domestic kitchen, retail food store or warehouse.
(7) The
department may determine the license fee for a food establishment described in
subsection (6)(b) to (d) of this section based upon the gross sales by the
applicant. In establishing the amount of a license fee based upon gross sales
by 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 years 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.
(8) 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 food establishment 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.
License fee schedules adopted under this section may not change the amount of
the same license fee more frequently than once each year. [1965 c.501 §3; 1975
c.389 §3; 1979 c.183 §2; 1982 s.s.1 c.4 §4; 1991 c.632 §2; 2005 c.735 §§3,4;
2007 c.768 §§22,23; 2012 c.64 §§3,37; 2019 c.386 §2; 2025 c.440 §2]