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SCHWAN'S ENTERPRISES v. DEPARTMENT OF AGR.

CA A79885.

877 P.2d 1214 (1994)

129 Or. App. 131

SCHWAN'S SALES ENTERPRISES, INC., Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent.

Court of Appeals of Oregon.

Decided July 13, 1994.

Review Denied October 18, 1994.

Attorney(s) appearing for the Case

James M. Brown, Salem, argued the cause for petitioner. With him on the brief was Enfield, Guimond, Brown & Collins.

Stephanie L. Striffler, Asst. Atty. Gen., argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen. and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

LEESON, Judge.

Petitioner seeks review of a declaratory ruling of the Department of Agriculture (the Department) that each of its freezer trucks is a retail food store, and that each requires a separate food establishment license. We affirm.

The facts are stipulated. Petitioner is a corporation that sells frozen food. The food is packaged and frozen out of state, then transported to one of petitioner's eight warehouses in Oregon, and delivered in petitioner...

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