180 sections in this chapter.
ORS 616.545 [Renumbered 632.490]
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[Repealed or reserved.]
ORS 616.550 [Repealed by 1963 c.461 §34]
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RESTAURANT NUTRITIONAL INFORMATION DISCLOSURES
ORS 616.555 Definitions for ORS 616.555 to 616.585. As used in ORS 616.555 to 616.585
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(1) “Alcoholic beverage” has the meaning given that term in ORS 471.001. (2)(a) “Chain restaurant” means a restaurant located in Oregon that: (A) Is part of an affiliation of 15 or more restaurants within the United States; (B) Sells standardized menu items that constitute 80 per…
ORS 616.560 Determination of menu item typical values; provision of accurate information to customers. (1) A chain restaurant shall determine typical values of the following for each menu item offered by the restaurant
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(a) Total calories. (b) Total grams of saturated fat. (c) Total grams of trans fat. (d) Total grams of carbohydrates. (e) Total milligrams of sodium. (2) The typical values described in subsection (1) of this section must be based on calorie and nutrient databases, verifiable ref…
ORS 616.565 Calorie content information for combination or multiserving items. (1) The disclosure of calorie content information under ORS 616.570 on a menu or menu board next to a standard menu item that is a combination of at least two standard menu items on the menu or menu board must, based on all possible combinations for that standard menu item, include the minimum amounts of calories for the calorie content information and the maximum amounts of calories for the calorie content information. If there is only one possible total amount of calories, that total must be disclosed
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(2) The disclosure of calorie content information on a menu or menu board next to a standard menu item that is not an appetizer or dessert, but is intended to serve more than one individual, shall: (a)(A) Include the number of individuals intended to be served by the standard men…
ORS 616.570 Menus, menu boards and food tags; additional information; disclaimer. (1) If a chain restaurant serves a menu item that is not a self-service item, the chain restaurant shall have a menu, menu board or food tag that
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(a) Discloses nutritional information for the menu item as required by this section; and (b) Is readily visible for customer use at the location where the customer places the order for the menu item. (2)(a) If a chain restaurant offers a menu item for self-service, the chain rest…
ORS 616.575 Rules; typical values for alcoholic beverages. (1) The Oregon Health Authority shall adopt rules the authority considers reasonable for the administration and enforcement of ORS 616.555 to 616.580. The rules adopted by the authority must include, but need not be limited to, rules for the rounding of stated values and the establishment of specifications for total calorie statements and other required statements. In adopting rules under this section, the authority shall
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(a) To the extent the authority considers practicable, follow any relevant United States Food and Drug Administration practices, standards and rules for nutritional labeling; and (b) Seek input from representatives of chain restaurants. (2) The authority shall adopt rules establi…
ORS 616.580 Inspections; notice and opportunity to cure violation; penalties. (1) The Oregon Health Authority may inspect chain restaurants for compliance with ORS 616.560, 616.565 and 616.570 and authority rules adopted under ORS 616.575. The person operating the chain restaurant shall, upon request of the authority, permit access to all parts of the restaurant and any records in the possession of the restaurant regarding nutritional values or menu items and provide menu item samples for nutritional value testing by the authority
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(2) If a chain restaurant violates a provision of ORS 616.560, 616.565 or 616.570 or a rule adopted under ORS 616.575, the authority shall provide the restaurant with written notice informing the restaurant of the violation and stating that the restaurant may avoid a civil penalt…
ORS 616.585 Local disclosure requirements prohibited. A local government may not adopt or enforce a local requirement for the determination or disclosure of nutritional information by a restaurant. [2009 c.314 §6]
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Note: See note under 616.555.
ORS 616.590 Lack of cause of action or claim. ORS 616.555 to 616.585 do not create a cause of action and may not be asserted as the basis for a per se negligence claim. [2009 c.314 §7]
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Note: See note under 616.555.
ORS 616.605 [Amended by 1965 c.13 §1; 1971 c.318 §1; renumbered 632.275]
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[Repealed or reserved.]
ORS 616.610 [Renumbered 632.280]
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[Repealed or reserved.]
ORS 616.615 [Renumbered 632.285]
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[Repealed or reserved.]
ORS 616.620 [Renumbered 632.290]
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[Repealed or reserved.]
ORS 616.625 [Repealed by 1965 c.107 §7]
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[Repealed or reserved.]
ORS 616.630 [Repealed by 1965 c.107 §7]
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[Repealed or reserved.]
ORS 616.635 [Repealed by 1965 c.107 §7]
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[Repealed or reserved.]
ORS 616.640 [Repealed by 1965 c.107 §7]
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FARM DIRECT MARKETED AGRICULTURAL PRODUCTS
ORS 616.680 Definitions for ORS 616.680, 616.683 and 616.686. As used in this section and ORS 616.683 and 616.686
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(1) “Acidic foods” means bottled, packaged or canned foods that: (a) Have a natural pH level of 4.6 or less; (b) Are lacto-fermented; or (c) Have acidity and water activity levels that meet the acidity and water activity standards of acidified foods as defined in 21 C.F.R. 114.3.…
ORS 616.683 Regulatory exemption for sales location and farm direct marketer of certain agricultural products; rules. (1) Except as provided in subsection (8) of this section, the following are not subject to ORS 616.695 to 616.755
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(a) The use of space by a farm direct marketer for the sale, or exposure or offering for sale, of agricultural products described in subsection (2) of this section by the farm direct marketer. (b) The sale, or exposure or offering for sale, of agricultural products described in s…
ORS 616.686 Farm direct marketing rules. (1) The State Department of Agriculture may adopt rules for the administration and enforcement of ORS 616.683
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(2) The State Department of Agriculture may not adopt rules to decrease an acidified food sales limit previously established by the department by rule. [2011 c.288 §3; 2019 c.57 §30; 2023 c.181 §4] Note: See note under 616.680. SANITARY REGULATIONS FOR FOOD AND FOOD ESTABLISHMENT…
ORS 616.695 Definitions for ORS 616.695 to 616.755. As used in ORS 616.695 to 616.755, unless the context requires otherwise
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(1) “Department” means the State Department of Agriculture. (2) “Dietary ingredient” means one or more of the following or a concentrate, constituent, extract or metabolite of one or more of the following: (a) An amino acid; (b) An herb or other botanical; (c) A mineral; (d) A di…
ORS 616.700 Department to enforce sanitation requirements for food and food establishments; rules. The State Department of Agriculture shall enforce the provisions of ORS 616.695 to 616.755 and adopt rules necessary therefor in accordance with the applicable provisions of ORS chapter 183, to insure and verify that
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(1) Food establishments are constructed and maintained in a clean, healthful and sanitary condition. This shall include floors, walls, ceilings, doors, windows, lighting and ventilation, toilet and lavatory facilities, water supply, separation or partitioning of rooms, health and…
ORS 616.705 [Repealed by 1965 c.501 §10]
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[Repealed or reserved.]
ORS 616.706 License; sanctions; posting; fees; fee increase limits; rules. (1) Except as otherwise provided in ORS 616.695 to 616.755, a person may not operate a food establishment without first obtaining and thereafter maintaining a license under this section. A person shall make an application for a license to the State Department of Agriculture on forms prescribed by the department. Each license shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule
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(2) The department may, subject to the applicable provisions of ORS chapter 183, suspend, revoke or refuse to issue a license if the licensee has violated any of the provisions of ORS 616.695 to 616.755 or rules adopted under ORS 616.695 to 616.755. (3) A license is personal to t…
ORS 616.708 Additional users of establishment; fees; rules. (1) The State Department of Agriculture may issue licenses under ORS 616.695 to 616.755 to one or more additional users of a food establishment that is licensed primarily for operation by another person. A license issued to an additional user of the food establishment shall cover all operations at that establishment by the person licensed. Regardless of the number of persons licensed to use a food establishment, the department may not recognize more than one person as the primary operator of the establishment
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(2) The department may assess a license fee to an additional user of a food establishment, calculated as provided in rules adopted under ORS 616.706. In calculating license fees as provided under ORS 616.706, the gross sales for an additional user of the food establishment are in…
ORS 616.710 [Repealed by 1965 c.501 §10]
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[Repealed or reserved.]
ORS 616.711 Where licenses not required; when ORS 616.695 to 616.755 not applicable. (1) No license or duplicate of a license, as prescribed in ORS 616.706, is necessary for food establishments where the principal activity is the receiving, storage, sorting, cleaning and packing of fresh fruits and vegetables
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(2) All provisions of ORS 616.695 to 616.755 other than licensing apply to food establishments set forth in subsection (1) of this section. (3) The provisions of ORS 616.695 to 616.755 do not apply to: (a) Restaurants, bed and breakfast facilities, intermittent temporary restaura…
ORS 616.713 Unauthorized food establishments. (1) As used in this section
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(a) “Authorization” means a license, permit, certificate or other approval for the operation of a food establishment. (b) “Food establishment” has the meaning given that term in ORS 616.695. (2) In addition to any other authority granted to the State Department of Agriculture, in…
ORS 616.715 [Repealed by 1965 c.501 §10]
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[Repealed or reserved.]
ORS 616.716 When inspection authorized; ORS 616.695 to 616.755 in addition to other laws. (1) The State Department of Agriculture may inspect the applicant’s food establishment and shall not issue a license until or unless such establishment is in compliance with the provisions of ORS 616.695 to 616.755 and regulations promulgated thereunder
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(2) The provisions of ORS 616.695 to 616.755 are in addition to and not in lieu of all other laws relating to food and to food establishments. [1965 c.501 §5; 1975 c.389 §5; 2001 c.104 §242]
ORS 616.718 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
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(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 d…
ORS 616.720 [Repealed by 1965 c.501 §10]
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[Repealed or reserved.]
ORS 616.721 Exemption from ORS 616.695 to 616.755 for federally inspected establishments. (1) Except as provided in subsection (5) of this section, the provisions of ORS 616.695 to 616.755 do not apply to a food establishment that is subject to and is being inspected by a federal agency
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(2) To be exempt from the provisions of ORS 616.695 to 616.755 as set forth in subsection (1) of this section, a person shall file an application for such exemption on forms prescribed by the State Department of Agriculture. (3) An applicant for renewal of a license, or any perso…
ORS 616.723 Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings; rules. (1) As used in this section
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(a) “Food” and “food establishment” have the meanings given those terms in ORS 616.695. “Food” does not include any article containing cannabis. (b) “Potentially hazardous” means requiring temperature control due to the capacity to support the rapid and progressive growth of infe…
ORS 616.725 [Repealed by 1965 c.501 §10]
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[Repealed or reserved.]
ORS 616.726 City regulation of food and food establishments authorized; department to examine city regulation for adequacy. (1) The provisions of ORS 616.695 to 616.755 do not prohibit any city from enacting and enforcing any ordinance establishing a system, program, inspection services and licensing thereunder, within the corporate limits or boundaries thereof, which carries out the purposes and intent of ORS 616.695 to 616.755, if the same is at least equal to the provisions of ORS 616.695 to 616.755 and regulations promulgated thereunder. A copy of each such ordinance, including any amendment thereof, shall be forwarded by the city to the State Department of Agriculture
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(2) Not less than once each two years the department shall investigate the ordinance and determine if it meets the requirements and standards of subsection (1) of this section and if such system, program and inspections thereunder are being properly carried out and enforced. If t…
ORS 616.730 [Repealed by 1965 c.501 §10]
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[Repealed or reserved.]
ORS 616.731 Deposit and use of fees and money. The State Department of Agriculture shall deposit all fees paid to it under this chapter in the Department of Agriculture Service Fund. Such fees are continuously appropriated to the department for the purpose of administering and enforcing the provisions of this chapter. [1965 c.501 §8; 1975 c.389 §8; 1979 c.499 §20]
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[Repealed or reserved.]
ORS 616.735 When insanitary conditions exist. A food establishment shall be considered unclean, unhealthful and insanitary if
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(1) Food in the food establishments is not protected from adulteration as defined in ORS 616.235, as required by the State Department of Agriculture; (2) The refuse, dirt and waste products, subject to decomposition or fermentation incident to the operation of the food establishm…
ORS 616.740 Condemnation where insanitary conditions exist. (1) Whenever the State Department of Agriculture determines that any floor, sidewall, ceiling, locker, closet, furniture, receptacle, implements or machinery of any food establishment is kept in an unclean, unhealthful or insanitary condition, the department shall
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(a) Notify the owner or person in charge of such food establishment that such food establishment shall not be used for such purposes until it is put in a sanitary condition by making the changes ordered by the department in the notice; and (b) Post a notice upon the food establis…
ORS 616.745 Handling of food by diseased persons prohibited; rules. (1) The Oregon Health Authority may, by rule, define certain communicable diseases which may be spread to the public through the handling of food in food establishments
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(2) No owner or employer shall require, permit or suffer any person to work, nor shall any person work, in a food establishment who is affected with a disease described in subsection (1) of this section. [Amended by 1973 c.829 §55; 1975 c.389 §11; 2009 c.595 §997]
ORS 616.750 Procedure where food handler suspected of disease. If the State Department of Agriculture for reasonable cause believes that any person working in any food establishment is affected with any infectious or contagious disease, the department may require the person to be examined by a competent physician, naturopathic physician, physician associate or nurse practitioner and that the physician, naturopathic physician, physician associate or nurse practitioner furnish the department with a certificate stating whether the person is affected with any infectious or contagious disease. If within five days after so required the person has not furnished the department with such a certificate by a competent physician, naturopathic physician, physician associate or nurse practitioner, the person is guilty of a violation of ORS 616.745 and the department may apply to the circuit court to enjoin the person from continuing to work in the food establishment until the certificate is furnished. The circuit court hereby is authorized to issue the injunction. [Amended by 1975 c.389 §12; 2014 c.45 §70; 2017 c.356 §80; 2024 c.73 §108]
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[Repealed or reserved.]
ORS 616.755 Securing information from health officers. The State Department of Agriculture may, for the purpose of enforcing the provisions of ORS 616.745 and 616.750, request information from any city, county or state health officer, bureau, board or commission within Oregon. Such officer, bureau, board or commission, when so requested, shall furnish the department any and all information which the officer, bureau, board or commission may have
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[Repealed or reserved.]
ORS 616.760 [Repealed by 1965 c.501 §10]
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STANDARDS OF IDENTITY AND QUALITY
ORS 616.761 Standards of identity and quality for olive oil; prohibition of imitation olive oil; rules. (1) As used in this section, “olive oil” means oil derived from the fruit of the species Olea europaea L
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(2) The State Department of Agriculture shall adopt rules under ORS 616.205 to 616.385 establishing standards of identity and quality and labeling requirements for olive oil sold in this state including, but not limited to, standards and requirements for ordinary virgin oil, virg…
ORS 616.765 [Repealed by 1965 c.501 §10]
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[Repealed or reserved.]
ORS 616.766 Standards of identity and quality for honey; labeling requirements; rules. The State Department of Agriculture shall adopt rules under ORS 616.205 to 616.385 establishing standards of identity and quality and labeling requirements for honey sold in this state. In establishing or amending standards and requirements under this section, in addition to the definitions and standards described under ORS 616.230 and 616.325, the department shall give consideration to any definitions and standards used by a federal agency, another state or an organization administering a regional, multiregional, national or international agreement on honey. [2011 c.124 §2]
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[Repealed or reserved.]
ORS 616.770 [Repealed by 1965 c.501 §10]
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[Repealed or reserved.]
ORS 616.775 Definitions for ORS 616.775 to 616.790. As used in ORS 616.775 to 616.790 unless the context requires otherwise
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(1) “Bread,” “rolls” and “buns” have the same meaning as they have in ORS 625.212. (2) “Flour,” “white flour,” “wheat flour,” “plain flour,” “bromated flour,” “self-rising flour,” “self-rising white flour,” “self-rising wheat flour,” “phosphated flour,” “phosphated white flour” a…