Title 49, Food and Other Commodities; Purity, Sanitation, Grades, Standards, Labels, Weights and Measures

(1) The State Department of Agriculture may adopt rules for the administration and enforcement of ORS 616.683. (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; 2…

As used in ORS 616.695 to 616.755, unless the context requires otherwise: (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: …

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: (1) Food establishments are constructed and maintained in a cl…

(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 fo…

(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…

(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. (2) All provisions of ORS 616.695 to 616.755 other th…

(1) As used in this section: (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 …

(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. (2) The provisions of ORS…

(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: (a) The food establishment operations licensed under ORS 616.706 consist solely of selling prepackaged foods and beverag…

(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. (2) To be exempt from the provisions of ORS 616.695 to 616.755 as set forth in su…

(1) As used in this section: (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 a…

(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 inte…

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…

A food establishment shall be considered unclean, unhealthful and insanitary if: (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 …

(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: (a) Notify the…

(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. (2) No owner or employer shall require, permit or suffer any person to work, nor shall any person work, in a f…

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, phy…

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 reques…

(1) As used in this section, “olive oil” means oil derived from the fruit of the species Olea europaea L. (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 …

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 …

As used in ORS 616.775 to 616.790 unless the context requires otherwise: (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,” …

The State Department of Agriculture shall adopt and promulgate standards of identity or standards of quality for flours, macaroni products and noodle products pursuant to the provisions of ORS 616.230 for those flours, macaroni products and noodle products for which definitions a…

(1) It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale for human consumption any of the flours, macaroni products or noodle products specified in ORS 616.775 (2) and (3) unless they are enriched. (2) Subsection (1) of this section does not a…

(1) The State Department of Agriculture shall enforce ORS 616.775 to 616.790 and 616.992 and shall have, in connection therewith, all the powers conferred and imposed on it by law and any other powers necessary or proper to enable it to enforce ORS 616.775 to 616.790 and 616.992.…

ORS 616.800 to 616.835 and 616.994 may be cited as the Open Date Labeling Law. [1973 c.173 §2]

As used in ORS 616.800 to 616.835 and 616.994, unless the context requires otherwise: (1) “Food” means any substance used or intended to be used for human consumption as food, drink or condiment. (2) “Open date” means a date clearly visible to retail consumers showing the pull da…

ORS 616.800 to 616.835 and 616.994 do not apply to alcoholic beverages. [1973 c.173 §9]

No person shall sell or offer for sale at retail any packaged perishable food unless the package bears a clearly marked, printed or stamped label showing the open date for the perishable food in the package. Such label shall be so designed and placed as to be clearly visible to t…

(1) The perishable food manufacturer, processor or packager shall affix, print or stamp the label required by ORS 616.815 to the perishable food retail package and to all closed shipping cartons, containers or wrappers of such perishable food packages not later than the time of d…

(1) No person shall sell or offer for sale at retail any packaged perishable food after the expiration of the open pull date appearing on the label of the package or container unless: (a) The package has been separated from packages of perishable food with open pull dates that ha…

No person shall: (1) Alter, deface or remove the open date from any perishable food retail or shipping package carton, container or wrapper. (2) Label any perishable food retail or shipping package carton, container or wrapper in a manner that does not conform to the rules promul…

In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture, in consultation with the industries affected, shall promulgate rules to carry out ORS 616.800 to 616.835 and 616.994. Such rules shall include, but are not limited to: (1) Establi…

As used in ORS 616.850 to 616.890, unless the context requires otherwise: (1) “Consumer commodity” means any of the following items: (a) Food, including all material, solid, liquid or mixed, whether simple or compound, used or intended for consumption by human beings or domestic …

ORS 616.850 to 616.890 do not apply to: (1) Fresh fruits and vegetables. (2) Products sold in quantities of one avoirdupois ounce, or 28.35 grams or one fluid ounce, or less. (3) Packaged consumer commodities that may be lawfully sold only upon the written or oral direction of a …

(1) Except as provided in ORS 616.855 and 616.865, no person shall sell or offer for retail sale at a grocery store or food market any packaged consumer commodity unless there is clearly displayed upon the commodity package or at a place in reasonable proximity to where the commo…

When a packaged consumer commodity is sold or offered for sale at retail at a price lower than the price at which the commodity is regularly sold or offered for sale, the retail seller is exempt from the requirements of ORS 616.860 (1) as to such commodities unless the lower pric…

Retail sellers of packaged consumer commodities shall express unit retail price statements in terms of the price per single whole unit of weight, volume, measure or count as prescribed by administrative rules adopted by the State Department of Agriculture under ORS 616.875 for pa…

(1) In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture may promulgate rules for the administration and enforcement of the provisions of ORS 616.850 to 616.890. (2) A retail establishment or department thereof shall be considered to…

Nothing in ORS 616.850 to 616.890 shall be construed as requiring the State Department of Agriculture to cite incidental or minor violations of ORS 616.860 to 616.870 whenever the department believes that the public interest will be served adequately in the circumstances by issua…

ORS 616.850 to 616.890 may be cited as the Unit Pricing Law. [1977 c.181 §2; 2009 c.175 §10] MISCELLANEOUS

(1) As used in this section: (a) “Consumer” means an individual who orders a beverage of any description from a food and beverage provider in this state. (b) “Convenience store” means a business that, for compensation, offers or provides a range of commodities that includes food …

A local government or municipality may not, after June 13, 2019, enact an ordinance, resolution, regulation, rule or other law with requirements that differ from the provisions set forth in ORS 616.892. [2019 c.362 §2] Note: See note under 616.892.

(1) As used in this section: (a) “Beverage” means a liquid for drinking, including water. (b) “Food” means a raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum. (c) …

The State Department of Agriculture shall adopt rules allowing donations to charitable organizations, including low-income nutritional centers, and to other organizations that offer food for noncommercial purposes, of meat that is: (1) Processed by a person licensed by the depart…

The violation of any provisions of this chapter or of any rule adopted under this chapter is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense. [1973 c.227 §28; 2009 c.11 §79; 2009 c.175 §1]

Violation of any provision of ORS 616.800 to 616.835 or of any rule promulgated pursuant thereto is a Class B misdemeanor. [1973 c.173 §10]

(1) In addition to any penalty available under ORS 561.190, 616.992 or 616.994, the State Department of Agriculture may impose a civil penalty for a violation of this chapter, of rules, regulations or standards adopted under this chapter or of an order issued under ORS 616.713. F…