Chapter 624 — Chapter 624

ORS 624.005 “Local public health authority” defined. As used in this chapter, “local public health authority” has the meaning given that term in ORS 431.003. [2003 c.309 §2; 2015 c.736 §106]

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ORS 624.010 Definitions for ORS 624.010 to 624.121. As used in ORS 624.010 to 624.121, unless the context requires otherwise

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ORS 624.015 [1973 c.824 §4; renumbered 624.101 in 2007]

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ORS 624.020 License; rules; fee payment; denial, suspension and revocation of licenses; posting; nontransferability. (1) A person may not operate a restaurant or bed and breakfast facility without a license to do so from the Oregon Health Authority

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ORS 624.023 [1979 c.390 §2; renumbered 624.051 in 2007]

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ORS 624.025 [1957 c.672 §9; 1973 c.182 §2; 1973 c.824 §2; 1975 c.526 §5; 1979 c.696 §12; 1985 c.573 §1; 1991 c.821 §2; 1993 c.151 §2; 1995 c.578 §3; 2003 c.309 §9; renumbered 624.086 in 2007]

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ORS 624.027 [Formerly part of 624.100; 1973 c.825 §2; renumbered 624.036 in 2007]

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ORS 624.028 [1973 c.824 §5; 1993 c.151 §1; renumbered 624.106 in 2007]

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ORS 624.029 Disposition of fees. All license fees collected under ORS 624.010 to 624.121 shall be paid into the General Fund in the State Treasury and placed to the credit of the Public Health Account and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 624.010 to 624.121. [Formerly 624.120]

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ORS 624.030 [Amended by 1957 c.672 §3; 1973 c.825 §3; 1981 c.650 §1; repealed by 1983 c.533 §5]

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ORS 624.032 [1987 c.226 §3; renumbered 624.046 in 2007]

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ORS 624.035 [1985 c.247 §2; renumbered 624.116 in 2007]

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ORS 624.036 Exemption of confection operations from license requirements; rules. When the Oregon Health Authority determines that public health hazards are nonexistent, the authority may, by rule, exempt certain types of confection operations from the license requirements of ORS 624.010 to 624.121. [Formerly 624.027; 2009 c.595 §1001]

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ORS 624.038 Exemptions from requirements of ORS 624.010 to 624.121. The following are not subject to the requirements established under ORS 624.010 to 624.121 for restaurants, intermittent temporary restaurants, seasonal temporary restaurants or single-event temporary restaurants

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ORS 624.040 [Amended by 1953 c.177 §8; 1973 c.825 §4; repealed by 1983 c.533 §5]

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ORS 624.041 Rules. The Oregon Health Authority shall make all rules necessary for the enforcement of ORS 624.010 to 624.121, including such rules concerning the construction and operation of restaurants, bed and breakfast facilities, intermittent temporary restaurants, seasonal temporary restaurants and single-event temporary restaurants as are reasonably necessary to protect the public health of persons using these facilities. The rules shall provide for, but need not be restricted to, the following

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ORS 624.045 [1985 c.701 §3; 2003 c.309 §10; 2003 c.547 §115; renumbered 624.121 in 2007]

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ORS 624.046 Bed and breakfast facility regulation. (1) The Oregon Health Authority shall allow a bed and breakfast facility to conduct food service operations for its patrons in rooms used by the owner or operator if the rooms in which food service operations are conducted

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ORS 624.050 [Amended by 1953 c.177 §8; 1957 c.672 §4; 1973 c.825 §5; 1981 c.650 §2; repealed by 1983 c.533 §5]

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ORS 624.051 Single toilet fixture allowed in small restaurant. The Oregon Health Authority shall allow restaurants with an occupancy capacity of no more than 15 persons, including employees and patrons, to have only one toilet fixture and adjacent lavatory on the premises. This single toilet fixture shall comply with all authority standards for construction, maintenance, cleanliness, accessibility and others, not in conflict with the state building code, that the authority might provide. [Formerly 624.023; 2009 c.595 §1004]

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ORS 624.060 Inspection and reinspection of restaurants and bed and breakfast facilities; posting of sign required; report; posting. (1) At least once every six months the Director of the Oregon Health Authority shall inspect every restaurant located within the jurisdiction of the director. At least once a year the director shall inspect every bed and breakfast facility located within the jurisdiction of the director. The person operating the restaurant or bed and breakfast facility shall, upon the request of the director, permit access to all parts of the establishment

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ORS 624.062 [1971 c.661 §2; 1973 c.825 §6a; repealed by 1973 c.825 §23a]

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ORS 624.065 [1957 c.672 §10(1),(2); 1973 c.824 §7; 1973 c.825 §7; renumbered 624.091 in 2007]

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ORS 624.067 [1973 c.824 §6; renumbered 624.111 in 2007]

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ORS 624.070 Examination of food and drink samples; unwholesome or adulterated food and drink. Samples of food, drink and other substances may be taken and examined by the Director of the Oregon Health Authority as often as may be necessary for the detection of unwholesomeness or adulteration. The director may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated. [Amended by 1953 c.177 §8; 1973 c.825 §8; 2009 c.595 §1006]

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ORS 624.073 Revocation, suspension or refusal of license; closure; sanitation score; inspection schedule; fees. (1) If the Director of the Oregon Health Authority determines that a critical violation of ORS 624.010 to 624.121, or any rule promulgated pursuant thereto, exists in a restaurant or bed and breakfast facility and the critical violation constitutes a potential danger to the public health, the director may revoke, suspend or refuse to issue the license required by ORS 624.020 if, after a reasonable time has been given for correction of the violation, but not longer than 14 days, the violation continues to exist. The director shall reinstate a license that has been revoked or suspended if the director determines that the violation has been corrected

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ORS 624.075 [1957 c.672 §10(3); 1973 c.825 §9; renumbered 624.096 in 2007]

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ORS 624.077 Rating surveys; preparing and disseminating information for educational programs. The Oregon Health Authority shall make such rating surveys as are necessary to obtain uniform enforcement of ORS 624.010 to 624.121 throughout the state, and shall prepare and disseminate information pertaining to educational programs for the purpose of encouraging compliance with ORS 624.010 to 624.121 on the part of owners, managers and employees of eating and drinking establishments. [Formerly 624.110; 2009 c.595 §1008]

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ORS 624.080 Diseased persons working in restaurants, bed and breakfast facilities or temporary restaurants; suspicion of possible transmission of infection; rules. (1) The Oregon Health Authority may, by rule, define certain communicable diseases that are capable of being spread to the public by employees of a restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant

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ORS 624.082 Intermittent temporary restaurants. (1) A person may not operate an intermittent temporary restaurant without first procuring a license to do so from the Oregon Health Authority. The intermittent temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee

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ORS 624.084 Seasonal temporary restaurants. (1) A person may not operate a seasonal temporary restaurant without first procuring a license to do so from the Oregon Health Authority. The seasonal temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee

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ORS 624.085 [1983 c.533 §2; 1987 c.226 §7; 1995 c.578 §4; 2003 c.309 §11; renumbered 624.073 in 2007]

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ORS 624.086 Single-event temporary restaurants. (1) A person may not operate a single-event temporary restaurant without first procuring a license to do so from the Oregon Health Authority. The single-event temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee

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ORS 624.090 [Amended by 1953 c.177 §8; repealed by 1973 c.825 §23]

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ORS 624.091 Inspection of temporary restaurants; report; fees. (1) At least once during the operation of a single-event temporary restaurant, the Director of the Oregon Health Authority shall inspect the facilities and operation. The person operating the single-event temporary restaurant shall, upon request of the director, permit access to all parts of the establishment

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ORS 624.095 [1971 c.661 §4; repealed by 1973 c.825 §23]

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ORS 624.096 Summary closure of temporary restaurant; hearing. If a violation of any provision of ORS 624.010 to 624.121 or any rule adopted under ORS 624.010 to 624.121 comes to the attention of the Director of the Oregon Health Authority and the violation is of such a nature as to constitute a serious hazard to the health of the public, the director may immediately close an intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant by giving written notice to the operator. The inspection report carrying a statement ordering closure and signed by the director delivered to the operator may serve as the written notice of the closure. The director shall file a copy of the notice in the records of the Oregon Health Authority. The closure order shall have the effect of an immediate revocation of the operator’s license. The director shall, if requested, provide a prompt hearing after closure in accordance with ORS chapter 183. [Formerly 624.075; 2009 c.595 §1012; 2011 c.664 §10]

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ORS 624.100 [Amended by 1957 c.672 §6; part renumbered as 624.027; 1973 c.825 §11; 1987 c.226 §8; 1995 c.578 §5; 2005 c.22 §439; renumbered 624.041 in 2007]

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ORS 624.101 “Benevolent organization” defined. As used in ORS 624.106 and 624.111, “benevolent organization” means any person organized and existing for charitable, benevolent, eleemosynary, humane, patriotic, religious, philanthropic, recreational, social, educational, civic, fraternal or other nonprofit purposes. The fact that contributions to an organization do not qualify for a charitable deduction for tax purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the Internal Revenue Code of 1954, as amended, constitutes prima facie evidence that the organization is not a bona fide benevolent organization. For purposes of this section, each subordinate lodge, chapter, council, grange, church, parish or other subdivision of an organization constitutes a separate organization. [Formerly 624.015]

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ORS 624.106 Issuance of single-event temporary restaurant license to benevolent organization. (1)(a) The Oregon Health Authority shall issue a license to a benevolent organization to operate a single-event temporary restaurant pursuant to this section if the benevolent organization has notified the authority, orally or in writing, that the benevolent organization intends to operate a single-event temporary restaurant. The authority shall provide at least one place in each county at which such notification may be made

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ORS 624.110 [Amended by 1973 c.825 §12; renumbered 624.077 in 2007]

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ORS 624.111 Inspection of event facilities and operation under license of benevolent organization. (1) At any time during the operation of a single-event temporary restaurant licensed under ORS 624.106, the Director of the Oregon Health Authority may inspect the facilities and operation

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ORS 624.116 When alternative food service criteria applicable. The Director of the Oregon Health Authority may declare that an extraordinary situation exists and may apply alternative food service criteria in an establishment operated to prepare or serve food or beverages to indigent or needy persons by a benevolent organization, as defined by ORS 624.101, without charge or solicitation from those served. [Formerly 624.035; 2009 c.595 §1015]

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ORS 624.120 [Amended by 1957 c.672 §7; 1973 c.427 §13; 1987 c.905 §34; renumbered 624.029 in 2007]

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ORS 624.121 State Food Service Advisory Committee; appointment; composition; duties. The Oregon Health Authority shall appoint a State Food Service Advisory Committee. The committee shall consist of volunteer representatives from a cross section of the food service industry, the general public, appropriate local and state groups, county environmental health specialists and other appropriate state agencies, including the State Department of Agriculture. In addition to such other duties as may be prescribed by the authority, the committee, not later than October 1 of each even-numbered year, shall submit to the authority and the Legislative Assembly recommendations regarding the implementation of ORS 624.020, 624.060, 624.073, 624.495 and 624.510. [Formerly 624.045; 2009 c.595 §1016; 2011 c.545 §63]

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ORS 624.130 Training to relieve choking; methods of training; exemptions; fees. (1) Any restaurant where food is served to be consumed on the premises shall require that its food service employees, within a reasonable time after date of employment, be trained to administer emergency first aid to relieve any person choking on food particles pursuant to a training program approved by the local public health authority or as described in Red Cross Manual 32-1138 as the “abdominal thrust” procedures

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ORS 624.145 Authorization of food place required for third-party food platform to take orders and deliver meals. (1) As used in this section

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ORS 624.165 Service of inspected game meat by charitable organization. (1) Subject to ORS 624.070, game meat that has been donated to a charitable organization and has been inspected and processed as provided in ORS 619.095 may be served for human consumption by that charitable organization

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ORS 624.310 Definitions for ORS 624.310 to 624.430. As used in ORS 624.310 to 624.430 unless the context requires otherwise

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ORS 624.320 License requirement for commissary, warehouse, mobile unit or vending machine; notice of mobile unit movement. (1) A person may not operate a vending machine, warehouse, commissary or mobile unit without first procuring a license to do so from the Oregon Health Authority. The operator shall post the license in a conspicuous place in the warehouse or commissary. The operator shall affix a card, emblem or other device clearly showing the name and address of the licensee and the serial number of the license to each vending machine or mobile unit as the case may be

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