Waiver of routine inspection; rules. (1) Notwithstanding ORS 616.700, the State Department of Agriculture may adopt rules waiving routine inspection for one or more types of food establishment if

ORS 616.718 — under Chapter 616.

ORS 616.718

(a) The food establishment operations licensed under ORS 616.706 consist solely of selling prepackaged foods and beverages produced by a commercial food manufacturer or processor;

(b) The selling of food or beverages is not a major business activity of the food establishment as defined by the department; and

(c) In the opinion of the department, waiving the routine inspection does not present a significant risk to the public.

(2) A food establishment for which the department waives routine inspection as provided under subsection (1) of this section remains subject to inspection at the discretion of the department. [2011 c.127 §2]