Oregon Administrative Code

333-012-0055 Inspection Standards (1) All licensed establishments and facilities, except bed and breakfast facilities, travelers' accommodations, hostels and temporary restaurants, must receive a minimum of one complete inspection for every six months of operation or fraction the…

333-012-0057 Consultation Services Remittance (1) Food Service — On behalf of the Authority, the Local Public Health Authority must collect fees from food service establishments and remit to the Authority the monies necessary to maintain the Foodborne Illness Prevention Program. …

333-012-0060 Staffing and Training (1) The Local Public Health Authority must provide the staff, facilities, materials and equipment necessary to comply with these rules. (2) Inspections must be conducted by staff that are registered as required by ORS Chapter 700. (3) Each Local…

333-012-0061 Food Handler Training The Local Public Health Authority must ensure the provision of a food handler training program using minimum criteria developed by the Authority. The Local Public Health Authority must secure Authority approval before deviating from the criteria…

333-012-0063 Record Keeping and Reporting The Local Public Health Authority must: (1) Maintain records of all administrative matters delegated under ORS 446.425, 448.100 or 624.510, including a record of the hearing, the time, date, place and copies of the complaint, all intended…

333-012-0065 Epidemiology and Accident Investigation and Reporting The Local Public Health Authority must: (1) Investigate all suspected illnesses connected with food service facilities, public swimming pools and tourist facilities; (2) Submit reports of all investigations of con…

333-012-0067 Enforcement Procedures The Local Public Health Authority must: (1) Adopt and comply with rules for conducting administrative hearings for permit and license denial, suspension or revocation in accordance with the requirements of ORS Chapter 183. (2) Utilize all admin…

333-012-0070 Minimum Standards, Program Review and Penalties (1)(a) The Local Public Health Authority may request approval from the Authority to implement alternative inspection or enforcement procedures by submitting a plan that includes expected performance measures and outcome…

333-013-0004 Definitions The term "Blood" as used in ORS 813.010 and 813.160 means any of the following: (1) "Plasma" means the liquid portion of blood including the clotting factors, prepared by mechanical separation of the liquid from cellular components after the inhibition of…

333-014-0510 Definitions As used in OAR chapter 333, division 14: (1) "Accountability metrics" means the public health system performance measures established by the Public Health Advisory Board under ORS 431.123. (2) "Authority" means the Oregon Health Authority. (3) "Base funds…

333-014-0520 Local Public Health Administrators (1) An individual appointed by a local public health authority to be the local public health administrator should have the following qualifications: (a) A bachelor’s degree; and (b) Public health work experience and education that d…

333-014-0530 Incentives and Matching Funds (1) To the extent funds, above the base funds, are available, the Authority will make incentive and matching funds available to a local public health authority in accordance with ORS 431.380(1)(b) and (c). (2) Incentive funds may be awar…

333-014-0540 Accountability Metrics (1) The Authority will consult with the PHAB as necessary to identify, update and apply accountability metrics related to the distribution of incentive and matching funds. (2) Local public health authorities will be consulted through the Confer…

333-014-0550 Local Public Health Authority Statutory Responsibilities (1) The following are activities that Oregon law specifically requires a local public health authority to perform: (a) Accepting reports of reportable disease, disease outbreak or epidemics and investigating re…

333-014-0560 Foundational Capabilities and Programs; Prioritization (1) To the extent that funding is available, a local public health authority should implement the local foundational capabilities and the local foundational programs described as the local roles and deliverables …

333-014-0570 Local Public Health Authority Contracts or Agreements for Local Public Health Services or Activities (1) As provided in ORS 431.413(3), a local public health authority may contract with a person to perform a public health service or activity, or to perform all public…

333-014-0580 Local Public Health Authority Governance As provided in ORS 431.413(3) and ORS 190.110, a local public health authority may contract or enter into an agreement with an entity to perform public health services or activities but that entity may not perform any function…

333-014-0590 Request to Transfer Local Public Health Authority (1) If the Authority does not receive state monies in an amount that equals or exceeds the estimate that the Authority submitted to the Legislative Fiscal Office under ORS 431.380(2), the governing body of the county …

333-014-0600 Request to Return Local Public Health Authority Four Years or More Since Date of Transfer (1) This rule applies to a county or other entity that transferred local public health authority responsibilities to the Authority under ORS 431.382, and it has been four years …

333-014-0610 Request to Return Local Public Health Authority Less than Four Years from the Date of Transfer (1) This rule applies to a county or other entity that transferred local public health authority responsibilities to the Authority under ORS 431.382, and it has been less t…

333-015-0025 Oregon Indoor Clean Air Act: Authority and Purpose (1) These rules are adopted pursuant to the authority granted to the Oregon Health Authority, Public Health Division, in ORS 433.835 through 433.875 and 433.990(5) concerning smoke-free places of employment and publi…

333-015-0030 Oregon Indoor Clean Air Act: Definitions For purposes of OAR chapter 333, division 15, the following definitions shall apply: (1) "Accessibility ramp" means a ramp intended to provide access for people with disabilities to and from an entrance or exit. (2) "Act" mean…

333-015-0035 Oregon Indoor Clean Air Act: General Provision (1) No person shall smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a public place or place of employment except in those areas that are not required to be smoke, aerosol or vapor free …

333-015-0040 Oregon Indoor Clean Air Act: Signs (1) An employer or entity in charge, except in those places described in OAR 333-015-0035(5) through (8), must post signs prominently at each entrance and exit to the place of employment or public place. (a) Signs must state that sm…

333-015-0045 Oregon Indoor Clean Air Act: Ashtrays (1) Ashtrays and any receptacles intended to be used for or used for depositing cigarette or inhalant delivery system debris are prohibited within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an …

333-015-0056 Oregon Indoor Clean Air Act: Smoke Shop Application for Certification (1) A business must be certified by the Authority prior to allowing smoking on the premises. (2) To obtain certification as a smoke shop, a business must agree to allow the Authority or LPHA to mak…

333-015-0057 Oregon Indoor Clean Air Act: Smoke Shop Application Review (1) The Authority may reject an application if the application is incomplete. An application may be considered incomplete if the application form is incomplete or any information or documents required under t…

333-015-0058 Oregon Indoor Clean Air Act: Smoke Shop Ongoing Requirements for Certification (1) A smoke shop must meet the renewal criteria described in OAR 333-015-0059 at all times. The Authority may revoke certification if the smoke shop fails to meet the renewal criteria. (2)…

333-015-0059 Oregon Indoor Clean Air Act: Smoke Shop Renewal of Certification (1) Smoke shop Type B Certifications and Type C Certifications are effective for five years. To apply to renew a certification, the smoke shop must submit and the Authority must receive a complete appli…

333-015-0061 Oregon Indoor Clean Air Act: Transfer of Ownership or Location (1) A smoke shop B or smoke shop C may apply to transfer ownership. Smoking is not permitted on the premises of a smoke shop operating under different ownership until the Authority issues an updated certi…

333-015-0062 Oregon Indoor Clean Air Act: Vehicles (1) An employer may allow smoking in vehicles only when the vehicle is permanently assigned to a single employee and no other employees, clients, or members of the public are required or compelled to operate or otherwise occupy t…

333-015-0064 Oregon Indoor Clean Air Act: Outdoor Smoking Areas (1) The owner or entity in charge of a place of business may establish an outdoor smoking, aerosolizing or vaporizing of inhalants area if that area is: (a) Not within 10 feet of entrances, exits, windows that open, …

333-015-0066 Oregon Indoor Clean Air Act: Cigar Bars (1) A business must apply to the Authority for certification before allowing cigar smoking on its premises. (2) A business must apply for certification on a form prescribed by the Authority and include the following information…

333-015-0070 Oregon Indoor Clean Air Act: Oregon Health Authority Responsibilities (1) The Authority shall maintain a system for receiving complaints, providing educational materials, conducting site visits, and issuing notices of violation. (2) The Authority shall: (a) Upon requ…

333-015-0075 Oregon Indoor Clean Air Act: Complaint Response The Authority or the LPHA shall respond to complaints as follows: (1) Initial Complaint: (a) The Authority or the LPHA shall assess whether the site in question is required to be smoke, aerosol or vapor free under the p…

333-015-0078 Oregon Indoor Clean Air Act: Violations (1) Violations of the ICAA include but are not limited to the following: (a) Smoking, aerosolizing, vaporizing or carrying a lighted smoking instrument or inhalant delivery systems in an area where smoking, aerosolizing, or vap…

333-015-0080 Oregon Indoor Clean Air Act: Public Places which Oregon Health Authority, Public Health Authority Regularly Inspects If, in public places that the Authority regularly inspects and that are required to be smokefree under these rules, the Authority’s inspector, during …

333-015-0082 Oregon Indoor Clean Air Act: Public Places Regulated by Other State Agencies or Local Governments If, during the course of an inspection of a public place that is regulated by the State of Oregon or a local government, an inspector notes a possible violation of ORS 4…

333-015-0085 Oregon Indoor Clean Air Act: Penalties The Authority may impose a civil penalty of up to $500 per day for any violation of the ICAA or these rules. The civil penalty amount for common violations is imposed according to the following schedule: (1) $500 for violations …

333-015-0090 Effective Date Text in ORMS History: PH 2-2012, f. & cert. ef. 2-1-12 PH 12-2008, f. 8-15-08, cert. ef. 1-1-09 PH 27-2004, f. & cert. ef. 8-19-04 PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04 Reverted to PH 2-2012, f. & cert. ef. 2-1-12 Sunset on 09-28-2017…

333-015-0100 Oregon Menu Labeling Act: Authority and Purpose (1) These rules are adopted pursuant to the authority granted Oregon Health Authority, Public Health Division in ORS 616.575. (2) The purpose of the Oregon Menu Labeling Act is to provide consumers with basic nutrition …

333-015-0105 Oregon Menu Labeling Act: Definitions For purposes of OAR 333-015-0100 through 333-015-0165, the following definitions shall apply: (1) "Act" means the Oregon Menu Labeling Act as it appears in 2009 Oregon Laws, chapter 314 (House Bill 2726). (2) “Alcoholic beverage”…

333-015-0110 Oregon Menu Labeling Act: General Provisions (1) Each chain restaurant shall accurately ascertain and make available on site, and in written format, the typical nutrient values for each menu item and combination meal menu item, as the item is usually prepared and off…

333-015-0115 Oregon Menu Labeling Act: Written Formats for Nutrition Information (1) Chain restaurants must provide nutrition information in one or more of the following formats: (a) A printed menu; (b) A printed menu insert; or (c) A brochure or printed handout. (2) A copy of nu…

333-015-0120 Oregon Menu Labeling Act: Nutrition Labeling of Variable Menu Items For variable menu items, the chain restaurant shall provide required nutrition information as follows: (1) If both the highest and lowest value of the variable menu item is within 0 to 10 percent of …

333-015-0125 Oregon Menu Labeling Act: Nutrition Labeling of Combination Meal Menu Items Labeling of combination meal menu items is not required as long as typical nutrient values are provided for the individual food products or menu items that comprise the combination meal menu …

333-015-0130 Oregon Menu Labeling Act: Nutrition Information for Shared Menu Items or Shared Combination Meal Menu Items Nutrition information for menu items or combination meal menu items intended to serve multiple individuals must state the number of individuals intended to be …

333-015-0135 Oregon Menu Labeling Act: Acceptable Methods for Determining Typical Nutrient Values for Required Nutrition Information A chain restaurant must utilize one of the following methods for determining typical nutrient values for menu items and combination meal menu items…

333-015-0140 Oregon Menu Labeling Act: Verifiable and Accurate Information (1) A chain restaurant may not make available to customers any typical nutrient values that are substantially inaccurate or that the restaurant knows or should know to be false or misleading. (2) A chain r…

333-015-0145 Oregon Menu Labeling Act: Nutrition Information for Self-Service Items For menu items offered in a buffet, salad bar or other self-service area, nutrition information within a chain restaurant must specify — The typical nutrient values for an individual serving inclu…