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

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] RESTAURANTS; BED AND BREAKFAST FACILITIES

As used in ORS 624.010 to 624.121, unless the context requires otherwise: (1) “Authority” means the Oregon Health Authority. (2) “Bed and breakfast facility” means any establishment located in a structure designed for a single family residence and structures appurtenant thereto, …

(1) A person may not operate a restaurant or bed and breakfast facility without a license to do so from the Oregon Health Authority. (2) Application for the license shall be in writing in the form prescribed by the authority and shall contain the name and address of the applicant…

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 enforceme…

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]

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: (1) An establishment where food is prepared and served by a frater…

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 restaurant…

(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: (a) Are not used as sleeping quarters; and (b) Are off-l…

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 …

(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 d…

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 destr…

(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 publi…

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 wit…

(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 r…

(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. (2) Application for…

(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. (2) Application for a season…

(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. (2) Application for …

(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 …

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, th…

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 t…

(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 …

(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. (2) The benevolent organization or service provider operating the single-event temporary r…

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 …

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 speci…

(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 trai…

(1) As used in this section: (a) “Food place” means a restaurant as defined in ORS 624.010, or another business engaged in the preparation and service of food for consumption by the general public on or off premises. (b) “Third-party food platform” means a website, mobile applica…

(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. (2) As used in subsection (1) of this section: (a) “Charit…

As used in ORS 624.310 to 624.430 unless the context requires otherwise: (1) “Approved” means approved by the administrator. (2) “Authority” means the Oregon Health Authority. (3) “Commissary” means commissary catering establishment, restaurant or any other place in which food, b…

(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 …

(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 …

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: (1) Construction and operation of commissaries, mobile units and vending machines. (2) Water supply adequate in quantity …

(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 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…

(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 624.3…

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 und…

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]

(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 …

(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. (2) All licenses issued under ORS 624.320 expire a…

(1) The Oregon Health Authority may charge the following fees for the issuance or renewal of licenses: (a) $200 for a bed and breakfast facility. (b) $335 for a limited service restaurant. (c) For a restaurant in accordance with seating capacity, as follows: (A) $530 for 0 to 15 …

(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, provi…

(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…

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 agreemen…

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 volu…

(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…

(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 …

Neither ORS 624.010 to 624.121 nor 624.310 to 624.430 apply to: (1) Food service provided to sleeping room patrons of facilities described in ORS 446.435; or (2) Food service provided solely and incidentally to participants in the course of backpacking, hiking, horseback packing,…

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 th…

(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 …

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 chapt…

(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. (2) Violation of any provision of ORS 624.310 to 624.430 or rules of the authority promulgated under ORS 624.310 to …