(1) The license fee for each type or class of commercial weighing or measuring instrument or device shall be established by the State Department of Agriculture in an amount not to exceed the maximum limits under ORS 618.141. Such fees shall be established in the amounts necessary for the department to carry out and enforce the provisions of ORS 618.010 to 618.246 relating to the supervision of commercial weighing and measuring instruments or devices, and to maintain an emergency fund with an unencumbered balance in an amount not to exceed the cost of administering ORS 618.010 to 618.246 during a representative four-month period in order to ensure the orderly supervision of commercial weighing and measuring instruments or devices within this state. (2) License fees become past due July 1 each year for renewals, and on the date of first commercial use for original installations. (3) Except as provided in this subsection, the department may not establish a license fee under this section that is more than three percent higher than the license fee charged during the preceding year for a commercial weighing or measuring instrument or device of the same type and class. Notwithstanding the three percent limit but subject to the maximum limits under ORS 618.141, when establishing a license fee under this section the department may round the fee amount to the next higher whole dollar amount. The department may not change the license fee for the same type and class of commercial weighing or measuring instrument or device more than once each year. (4) All moneys received by the department pursuant to ORS 618.010 to 618.246 shall be paid into the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of administering those provisions of ORS 618.010 to 618.246 relating to testing, inspection, licensing and regulation of commercial weighing and measuring instruments or devices. Note: Section 2, chapter 441, Oregon Laws 2025, provides: Sec. 2. Notwithstanding the three percent limit established by ORS 618.136 (3) but subject to the maximum limits under ORS 618.141, the State Department of Agriculture may, by rule, increase a license fee described in ORS 618.136 (1) by: (1) For the fiscal year beginning July 1, 2026, up to 10 percent of the amount of the license fee for the fiscal year beginning July 1, 2025; and (2) For the fiscal year beginning July 1, 2027, up to 10 percent of the amount of the license fee for the fiscal year beginning July 1, 2026.
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