ORS 621.078 Additional users of milk processing plant; fees; rules

The State Department of Agriculture may issue a distributor or producer-distributor license under ORS 621.072 to one or more additional users of a milk processing plant that is primarily operated by another distributor or producer-distributor. A license issued to an additional user for activities at the milk processing plant may differ in activity type from the license issued to the primary operator of the plant. The physical facilities of the milk processing plant must conform to the requirements for all activity types for which the primary operator and the additional users of the plant are licensed. Regardless of the number of persons licensed to use a milk processing plant, the department may not recognize more than one distributor or producer-distributor as the primary operator of the plant.

The department may assess a distributor or producer-distributor license fee to an additional user of a milk processing plant, calculated as provided in rules adopted under ORS 621.072. In calculating license fees as provided under ORS 621.072, the annual gross dollar volume of sales and services for an additional user of a milk processing plant is independent of the annual gross dollar volume of sales and services for any other user or the primary operator of the plant.

Notwithstanding ORS 621.072, the department may adopt rules to establish the license expiration, renewal and application dates for distributors or producer-distributors that are additional users of a milk processing plant.

The department may adopt rules to determine the responsibilities of a milk processing plant’s primary operator and additional users of the milk processing plant under standards prescribed by ORS 621.176 and 621.181 and under ORS 621.183.

A recognized primary operator of a milk processing plant shall notify the department upon the expiration or termination of the rental or lease of the plant by an additional user of the plant.