OAR 603-021-0920: Schedule of Civil Penalties

In addition to any penalty available under ORS 561.190 or 635.991, 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(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. 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. 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. Penalty — $100. (5) Interference with a lawful inspection authorized under ORS 625.140. Penalty — $5,000 to $10,000. (6) Violation of ORS 625.215, 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. 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. 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. Penalty — $5,000 to $10,000. (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) Failure to maintain adequate facilities as described in OAR 603-021-0715. Penalty — $500 to $5,000. (12) Labeling carbonated beverages, still drinks, or mineral waters inconsistent with the provisions of OAR 603-021-0755. Penalties: (a) Minor — $500 to $4,000; (b) Moderate — $4,001 to $7,000; or (c) Major — $7,001 to $10,000.