Oregon Administrative Code

603-024-0641 Transportation of Milk and Milk Products and Surroundings All producer Grade A raw milk for pasteurization must be picked up at least once each 72 hour period. In addition, to facilitate cleaning of the farm bulk tank, the tank shall be completely emptied once each 7…

603-024-0741 Definitions and Standards for Frozen Desserts In accordance with ORS 621.311, definitions and standards for frozen desserts adopted by the Food and Drug Administration of the United States Department of Health, Education and Welfare are hereby adopted as the definiti…

603-024-0746 New License Payments; Frozen Dessert Wholesaler License Expiration ; Operating without a License (1) New license payments must be received within 14 calendar days of the department’s initial approval inspection. If a new license payment is not received within 14 cale…

603-024-0785 Frozen Yogurt Dessert Mix; Frozen Yogurt Dessert; Standards of Identity and Label Statements In accordance with ORS 621.311, the following definitions and standards are established: (1) “Frozen Yogurt Dessert Mix” or “Frozen Yogurt Mix” is the food prepared from the …

603-024-0795 Nondairy Frozen Dessert: Identity Nondairy Frozen Dessert is the food prepared in accordance with the requirements adopted under OAR 603-024-0741, except that: (1) It contains no milk, milkfat or milk solids. (2) Its content of edible oil or fat is not less than two …

603-024-0796 Nondairy Frozen Dessert Mix: Identity Nondairy Frozen Dessert Mix is the food, in a dry or concentrated form, used in the manufacture of a nondairy frozen dessert, which is prepared in accordance with the requirements of OAR 603-024-0795. Statutory/Other Authority: O…

603-024-0900 Purpose The Oregon Department of Agriculture Food Safety Program licenses and inspects all facets of Oregon’s food distribution system, except restaurants, to ensure food is safe for consumption. Education and technical assistance are vital to the prevention, correct…

603-024-0910 Definitions As used in OAR 603-024-0920 through 603-024-0930, unless otherwise required by the context, the following terms will be construed to mean: (1) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any har…

603-024-0920 Schedule of Civil Penalties In addition to any penalty available under ORS 561.190 or 621.991, the Department may impose a civil penalty with respective amounts for: (1) Failure by a distributor, producer-distributor or dairy products plant licensee to employ a grade…

603-024-0930 Penalty factors; procedure (1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 621.995, the Department shall consider the following factors, which are listed in prioritized order: (a) The immediacy and extent to which the violation threatens th…

603-025-0010 Definitions In addition to the definitions set forth in ORS Chapter 616, the following shall apply in this Division 25: (1) "Bulk Food" means unpackaged or unwrapped, processed or unprocessed food in aggregate containers from which quantities desired by the end user …

603-025-0020 General Standards of Food Establishment Construction and Maintenance (1) Buildings: Food establishment structures shall be suitable in size, construction, and design to facilitate maintenance and sanitary operations for food preparation or distribution purposes. (2) …

603-025-0030 Retail Food Code (1) In addition to the provisions of OAR 603-025-0020 a retail food establishment shall comply with the Oregon Department of Agriculture Retail Food Code, 2026, which is incorporated herein and made part of this rule by this reference. (2) Retail Fru…

603-025-0080 Foods Subject to Pull Date Labeling Unless otherwise provided, the following perishable foods shall be open date labeled with the pull date: (1) Processed or cured meat and meat products including wieners, bologna, luncheon meat, liver sausage, salami, braunschweiger…

603-025-0090 Foods Exempt from Labeling The following foods shall be exempt from the open date labeling requirements: (1) Candies, nuts, non-alcoholic beverages (soft drinks), and other fruit juices. (2) Sterile dairy products; processed or natural cheddar cheese or other hard ch…

603-025-0100 Form of Labeling (1) The required open date shall be affixed, stamped, or imprinted on each retail package and on all closed shipping containers with the name of the month either by number (1 through 12) or three-letter abbreviation (January through December), follow…

603-025-0110 Labeling Placement (1) The open date shall be affixed, stamped, or imprinted in a size, manner, and style clearly and easily legible and visible to the consumer. (2) The open date shall not overlay other labeling matter or be of such a color as to be difficult to dis…

603-025-0120 Identification After Pull Date Expiration Food required to be labeled with a pull date, and after the expiration of such pull date is found to be fit for human consumption, may be sold or offered for sale at retail if: (1) It is segregated from like foods with unexpi…

603-025-0130 Label Pull Date Information Upon the request of the department, a person required to label a perishable food with a pull date shall obtain from the food manufacturer, processor or packager recommending the pull date, data from recognized scientific sources substantia…

603-025-0140 Food Storage Warehouses In addition to the provisions of OAR 603-025-0020, a food storage warehouse shall comply with the following: (1) Cold Storage: Each cold storage room in a food storage warehouse shall be equipped with an accurate and easily visible thermometer…

603-025-0150 Food Processing Establishments In addition to the provisions of OAR 603-025-0020, a food processing establishment shall comply with the following: (1) Construction and Repair of Equipment and Utensils: All plant equipment and utensils shall be suitable for their inte…

603-025-0151 Property Tax Exemption for Qualified Machinery and Equipment (1) The Oregon Department of Agriculture is authorized to certify qualified machinery and equipment for the purposes of ORS 307.453–307.457. (2) Definitions: For the purposes of this section, the definition…

603-025-0152 Certification Fees (1) Certification Fees. The Department may fix, access, and collect, or cause to be collected, fees on food processors for the certification of qualified equipment and machinery. The fees must be in an amount reasonably necessary to cover the costs…

603-025-0160 Package Labeling Requirements The label of any food that has been salvaged, as defined in subsection (16) of ORS 616.250, shall comply with the following: (1) The term “salvaged” shall appear on the principal display panel in the case of any food packaged in a firm (…

603-025-0170 Bulk Placard Requirements If in bulk display form for wholesale or retail sale (rather than packaged form) any food that has been salvaged, as defined in subsection (16) of ORS 616.250, shall be conspicuously and prominently displayed immediately adjacent to such bul…

603-025-0180 Responsibility The responsibility for the salvage labeling required by OAR 603-025-0180 or 603-025-0170 shall be: (1) If in bulk display form, the person selling or offering to sell such food at wholesale or retail. (2) If salvaged within the State of Oregon, the per…

603-025-0190 Standards of Identity, Additives, Pesticide Tolerances, Food Labeling, Good Manufacturing Practice, Low Acid Canned Foods, and Acidified Foods The federal rules governing food identity, food color additives, food additives, and labeling of or in food adopted by the F…

603-025-0200 Establishments Utilizing Domestic Kitchen Facilities (1) In addition to the provisions of OAR 603-025-0020, a food establishment that is part of a domestic kitchen shall comply with the provisions of section (2) of this rule. (2)(a) All doors or openings from the dom…

603-025-0215 Purpose OAR 603-025-0215 through 603-025-0275 recognize farm direct marketing, including consignment between farm direct marketers, as a modern and accepted method of producing and selling food products, and of maintaining the integrity of food safety principles as r…

603-025-0225 Definitions For purposes of OAR 603-025-0215 through 603-025-0275, the following definitions apply, in addition to those provided in ORS 616.680: (1) “Acidic foods” means bottled, packaged or canned foods that meet any of the following requirements: (a) Having a natu…

603-025-0235 Farm Direct Marketer Exemption (1) ORS 616.695 to 616.755 do not apply to a farm direct marketer, a consigning agricultural producer, or the location(s) used by a farm direct marketer or a consigning agricultural producer to prepare, store, sell, expose for sale or o…

603-025-0245 Farm Direct Consignment and Other Sales (1) Consigning agricultural producers are limited to sales of the products listed in OAR 603-025-0235(1)-(3). (a) Consignment is limited to farm direct marketers who are from the same county or from adjoining counties. (b) A fa…

603-025-0255 Farm Direct Exemption Prohibitions A farm direct marketer may not: (1) Sell, offer for sale, or expose for sale foods that are adulterated or misbranded under ORS 616.205 to 616.385 (Sale of Adulterated, Misbranded or Imitation Foods); (2) Receive, accept, possess, s…

603-025-0265 Farm Direct Product Labeling Requirements (1) The principal display panel of producer-processed products must contain in a prominent location the following statements in legible, all capital, and bold-face type no less than one-eighth inch: (a) “THIS PRODUCT IS HOMEM…

603-025-0275 Farm Direct Product Records (1) Raw materials, packaging materials, and finished products that are not in compliance with United States Food and Drug Administration (FDA) regulations may be considered adulterated. (2) Processing and production records for products ha…

603-025-0311 Cottage Food Exemption Purpose (1) The Department recognizes cottage food establishments as a modern method of producing and selling food products. The legislative mandate in ORS 616.723 is accomplished by exempting from licensure and routine inspection of cottage fo…

603-025-0315 Definitions for Cottage Food Exempt Activities In addition to the definitions set forth in ORS 616.695, ORS 616.723, and OAR 603-025-0010, the following shall apply to OAR 603-025-0311 to 603-025-0330: (1) “Annual gross sales” means the annual retail sale value of fo…

603-025-0320 Cottage Food Establishment Exemption (1) A Cottage Food Establishment must: (a) Operate from a domestic kitchen; (b) Prepare foods for public distribution that are not time/temperature controlled for safety, and do not contain marijuana or marijuana items; (c) The fo…

603-025-0325 Labeling (1) The label’s principal display panel for cottage food must contain the following statement, “This product is homemade, is not prepared in an inspected food establishment, and must be stored and displayed separately if merchandised by a retailer.” (2) The …

603-025-0328 Record Requirements (1) The cottage food establishment must maintain sales records -that include the following information: (a) Location of sale; (A) Grouped sales associated with an event may be a single address and must include event organizer contact details if ap…

603-025-0330 Revocation of Exemption The Department may order a food establishment to become licensed under ORS 616.695 to 616.755 and OAR 603-025-0500 or OAR 603-021-0650 if it; (1) Fails to comply with OAR 603-025-0311 to 603-025-0330; (2) Fails to test food products that have …

603-025-0335 Unique Identification Number (1) A cottage food establishment or licensed domestic kitchen may request a unique identification number from the Department to use on a food label as an alternative to a business address by: (a) Submitting the complete form designated by…

603-025-0410 Requirements for Dungeness Crab Domoic acid is a natural toxin that can accumulate in certain shellfish and fish species and cause amnesic shellfish poisoning, a serious illness, in consumers. In Oregon, a monitoring and response system for recreationally and commerc…

603-025-0426 Crab Harvested Outside Oregon in an Area that Would Be a Biotoxin Management Zone, if in Oregon (1) Application. This rule applies only to Dungeness crab (Cancer magister or Metacarcinus magister) harvested and sold for commercial purposes that: (a) Contains viscera,…

603-025-0500 License Fees and Categories for Food Establishments Except as otherwise provided in ORS 616.695 to 616.755, a person may not operate a “food establishment,” as defined in ORS 616.695(2), without first obtaining and thereafter maintaining a license from the department…

603-025-0510 New License Payments; Food Establishment License Expiration; Operating without a License (1) New license payments must be received within 14 calendar days of the department’s initial approval inspection or a change of ownership. If a new license payment is not receiv…

603-025-0520 Scope and Purpose OAR 603-025-0520 to 603-025-0535 set forth the procedures that the Department of Agriculture will follow when it orders the closure of a food establishment that has failed to obtain a required authorization from the department, or whose required aut…

603-025-0525 Definitions (1) The definitions in this rule apply to OAR 603-025-0520 to 603-025-0535. (2) “Required authorization” means a license, permit, certificate or other approval for the operation of a food establishment that a person is required by law to obtain from the d…

603-025-0530 Closure of Food Establishment That Fails to Obtain a Required Authorization (1) When the department orders the closure of a food establishment that fails to obtain a required authorization, the department shall follow the procedures set forth in this rule. (2) If a f…

603-025-0535 Closure of Food Establishment Whose Required Authorization Has Lapsed (1) When the department orders the closure of a food establishment whose required authorization has lapsed, the department shall follow the procedures set forth in this rule. (2) As required by ORS…