Chapter 624 — Chapter 624

ORS 624.330 Exemption of certain commissaries, mobile units and vending machines from licensing requirements; rules. (1) Vending machines dispensing only ball chewing gum, nutmeats and the following prepackaged foods: Candy, chewing gum, nutmeats, potato chips, pretzels, popcorn, cookies, crackers and bottled or canned soft drink beverages shall be exempt from the provisions of ORS 624.320 and 624.430

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ORS 624.340 [1963 c.575 §4; 1973 c.825 §16; 2009 c.595 §1021; renumbered 624.415 in 2009]

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ORS 624.350 [1963 c.575 §5; repealed by 1973 c.825 §23]

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ORS 624.355 Rules. The Oregon Health Authority shall make reasonable rules for carrying out the provisions of ORS 624.310 to 624.430, including but not limited to the following

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ORS 624.360 [1963 c.575 §6; repealed by 1973 c.825 §23]

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ORS 624.370 Inspection of commissary, warehouse, mobile unit or vending machine; report of Director of Oregon Health Authority; hearing. (1) At least once every six months, the Director of the Oregon Health Authority shall inspect every commissary and warehouse, and a representative number of each operator’s mobile units and vending machines. The director shall be granted access at reasonable times to all parts of the commissary and shall have access, either in the company of an employee or otherwise, to the interior of all vending machines or mobile units of the operator at such times as the director considers necessary to ensure compliance with the provisions of ORS 624.310 to 624.430

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ORS 624.380 [1963 c.575 §9; 1973 c.825 §18; 2009 c.595 §1023; renumbered 624.425 in 2009]

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ORS 624.390 [1963 c.575 §10; 1973 c.825 §19; 2009 c.595 §1024; renumbered 624.355 in 2009]

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ORS 624.400 Rating surveys; preparing and disseminating information; cooperation with local health departments in educational programs. The Oregon Health Authority shall make such surveys as are necessary to obtain uniform enforcement of ORS 624.310 to 624.430 throughout the state and shall prepare and disseminate information and shall cooperate with and assist local health departments in educational programs for the purpose of encouraging compliance with ORS 624.310 to 624.430 on the part of operators and employees of vending machines and mobile units. [1963 c.575 §12; 1973 c.825 §20; 2009 c.595 §1025]

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ORS 624.410 Commissaries and sources of supply outside jurisdiction. (1) Foods from commissaries or other sources outside the jurisdiction of the Oregon Health Authority may be sold in the local jurisdiction if such commissaries or other sources of supply conform to the provisions of ORS 624.310 to 624.430 and the rules promulgated under ORS 624.310 to 624.430 or to substantially equivalent provisions

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ORS 624.415 Denial, suspension or revocation of license. The Director of the Oregon Health Authority may deny, suspend or revoke a license in accordance with ORS chapter 183 in any case where the director finds that there has been a substantial failure to comply with the provisions of ORS 624.310 to 624.430 or the rules promulgated under ORS 624.310 to 624.430. [Formerly 624.340]

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ORS 624.420 Abating or enjoining violations of ORS 624.310 to 624.430. Any commissary, mobile unit or vending machine operated contrary to the provisions of ORS 624.310 to 624.430 is a public nuisance and dangerous to health and may be abated or enjoined in the manner provided by law. [1963 c.575 §14]

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ORS 624.425 Diseased persons working in commissary or mobile unit; suspicion of possible transmission of infection. (1) A person who is affected with a communicable disease described in ORS 624.080 (1) or is a carrier of such disease may not work in any commissary, mobile unit or in the servicing of vending machines, nor may any operator employ any such person or any person suspected of being affected with any communicable disease or of being a carrier of such disease. If the operator suspects that any employee has an infectious disease in a communicable form or may be a carrier of such a disease, the operator shall notify the Director of the Oregon Health Authority immediately. A placard containing this section shall be posted in all toilet rooms

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ORS 624.430 Fee payment; rules. (1) Except as provided in ORS 624.330, every applicant for a license to operate a commissary, vending machine, warehouse or mobile unit shall pay to the Oregon Health Authority the appropriate annual fee set forth in ORS 624.490

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ORS 624.440 [1963 c.575 §13; 1973 c.427 §14; 1987 c.905 §35; repealed by 2001 c.975 §11]

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ORS 624.490 License fees; exemptions. (1) The Oregon Health Authority may charge the following fees for the issuance or renewal of licenses

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ORS 624.495 Foodborne illness prevention program; rules. (1) The Oregon Health Authority shall adopt rules establishing a foodborne illness prevention program for the purpose of protecting the public health. Unless an agreement entered into under ORS 624.530 provides otherwise, the program may include, but need not be limited to, provisions for preventing the spread of communicable disease through food service facilities that are subject to licensing by the authority under this chapter and for effective and rapid response to terrorism events related to those facilities

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ORS 624.500 [1971 c.661 §3; repealed by 1973 c.825 §23]

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ORS 624.510 Intergovernmental agreements with local public health authorities; fee collection and remittance; rules. (1) The Director of the Oregon Health Authority shall enter into an intergovernmental agreement with each local public health authority, delegating to the local public health authority the administration and enforcement within the jurisdiction of the local public health authority of the powers, duties and functions of the director under ORS 624.010 to 624.121, 624.310 to 624.430, 624.650 and 624.992. The intergovernmental agreement must describe the powers, duties and functions of the local public health authority relating to fee collection, licensing, inspections, enforcement, civil penalties and issuance and revocation of permits and certificates, standards for enforcement by the local public health authority and the monitoring to be performed by the Oregon Health Authority. The Oregon Health Authority shall review the performance of the local public health authority under any expiring intergovernmental agreement. The review shall include criteria to determine if provisions of ORS 624.073 are uniformly applied to all licensees within the jurisdiction of the local public health authority. In accordance with ORS chapter 183, the director may suspend or rescind an intergovernmental agreement under this subsection. If the Oregon Health Authority suspends or rescinds an intergovernmental agreement, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the Oregon Health Authority for carrying out the powers, duties and functions under this section

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ORS 624.530 Agreement to ensure only one agency inspects facilities; rules. Notwithstanding any provision of ORS 624.010 to 624.121 or 624.310 to 624.430 or statutes administered by the State Department of Agriculture, the Director of the Oregon Health Authority and the Director of Agriculture jointly shall adopt rules and enter into interagency agreements necessary to ensure that only one of the agencies inspects and licenses any facility that is subject to regulation by both agencies. [1981 c.112 §1; 2003 c.14 §376; 2003 c.309 §16; 2009 c.595 §1031]

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ORS 624.550 Local public health authority food service advisory committee. An intergovernmental agreement described in ORS 624.510 must encourage and authorize a local public health authority to which health enforcement powers, duties or functions have been delegated pursuant to ORS 624.510 to appoint a food service advisory committee consisting of volunteer representatives from a cross section of the food service industry and the general public. A committee established by a local public health authority may

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ORS 624.560 Waiver of food sanitation rules; fee; rules. (1) A person may apply to the Oregon Health Authority for a variance from one or more rules of the authority regarding food sanitation, including but not limited to rules regarding personnel, food protection, equipment and facilities, utilities and plan review. An application for a variance must be accompanied by a fee of $500. If the authority grants the variance, the authority shall state the terms and conditions of the variance

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ORS 624.570 Food handler training requirement; exception; certification; fees; rules. (1)(a) Except as provided in subsection (6) of this section, any person involved in the preparation or service of food in a restaurant or food service facility licensed under ORS 624.020 or 624.320 must successfully complete a food handler training program and earn a certificate of program completion within 30 days after the date of hire. The person shall thereafter maintain a valid completion certificate at all times during the employment

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ORS 624.610 Application of ORS 624.010 to 624.121 or 624.310 to 624.430 to certain food service. Neither ORS 624.010 to 624.121 nor 624.310 to 624.430 apply to

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ORS 624.630 Construction, remodeling requirements; fees. A person may not construct or extensively remodel a facility subject to licensure under this chapter without first submitting construction or remodeling plans to the Oregon Health Authority and paying a fee to the authority for review of the plans. The fee shall be assessed in the following amounts

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ORS 624.650 Mobile unit inspection fee. (1) Notwithstanding any provision of ORS 624.010, 624.086, 624.091, 624.510 or 624.530, a single-event temporary restaurant as defined under ORS 624.010 that is a mobile unit as defined under ORS 624.310 is subject to a fee not to exceed $25 for inspection services if the mobile unit is licensed by

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ORS 624.670 Disposition of fees. All moneys received by the Oregon Health Authority under this chapter shall be paid into the State Treasury, deposited in the General Fund to the credit of the Public Health Account and used exclusively by the authority for the purpose of carrying out the provisions of this chapter. [1995 c.578 §12; 2001 c.975 §9; 2009 c.595 §1036]

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ORS 624.990 Criminal penalties. (1) Violation of any provision of ORS 624.010 to 624.121 or rules of the Oregon Health Authority promulgated under ORS 624.010 to 624.121 is a Class C misdemeanor

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ORS 624.992 Civil penalty; rules. (1) In addition to any other penalty provided by law, the Oregon Health Authority may impose a civil penalty on any person for violation of ORS 624.020 (1), 624.060 (1), 624.060 (4), 624.070, 624.073, 624.320, 624.370, 624.425 or 624.430 or rules adopted under ORS 624.010 to 624.121 or 624.355

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