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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 48 ANIMALS
Chapter : Chapter 624 Food Service Facilities
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As used in this
chapter, “local public health authority” means an entity described in ORS
431.375. [2003 c.309 §2] As used in ORS
624.010 to 624.120, unless the context requires otherwise:
(1) “Bed and breakfast facility” means any establishment located in
a structure designed for a single family residence and structures
appurtenant thereto, regardless of whether the owner or operator of the
establishment resides in any of the structures, that:
(a) Has more than two rooms for rent on a daily basis to the
public; and
(b) Offers a breakfast meal as part of the cost of the room.
(2) “Department” means the Department of Human Services.
(3) “Director” means the Director of Human Services.
(4) “Limited service restaurant” means a restaurant serving only
individually portioned prepackaged foods prepared from an approved source
by a commercial processor and nonperishable beverages.
(5) “Restaurant” includes any establishment where food or drink is
prepared for consumption by the public or any establishment where the
public obtains food or drink so prepared in form or quantity consumable
then and there, whether or not it is consumed within the confines of the
premises where prepared, and also includes establishments that prepare
food or drink in consumable form for service outside the premises where
prepared, but does not include railroad dining cars, bed and breakfast
facilities or temporary restaurants.
(6) “Temporary restaurant” means any establishment operating
temporarily in connection with any fair, carnival, circus or similar
public gathering or entertainment, food product promotion or any other
event where food is prepared or served for consumption by the public.
“Temporary restaurant” does not include:
(a) An establishment where food is prepared and served by a
fraternal, social or religious organization only to its own members and
guests.
(b) An approved school lunchroom where food is prepared and served
for school and community activities, where the preparation and service
are under the direction of the school lunchroom supervisor.
(c) A food product promotion where only samples of a food or foods
are offered to demonstrate the characteristics of the food product. For
the purposes of this paragraph, a sample shall not include a meal, an
individual hot dish or a whole sandwich.
(d) A private residence, or part thereof, including the grounds,
areas and facilities held out for the use of the occupants generally, for
which a temporary sales license is issued under ORS 471.190 for a period
not exceeding one day. [Amended by 1953 c.177 §8; 1957 c.672 §1; 1959
c.153 §1; 1973 c.824 §1; 1973 c.825 §1; 1975 c.792 §1; 1979 c.236 §4;
1987 c.226 §1; 1991 c.468 §1; 1995 c.578 §1; 1999 c.351 §38; 2001 c.900
§210; 2001 c.975 §3; 2003 c.14 §375]Note: Section 1, chapter 975, Oregon Laws 2001, provides:
Sec. 1. A licensed limited service restaurant operating immediately
prior to the effective date of the amendments to ORS 624.010 by section 3
of this 2001 Act [November 1, 2001] may continue to be licensed as a
limited service restaurant while the restaurant:
(1) Continues to be owned or operated by the person that owned or
operated the restaurant immediately prior to the effective date of the
amendments to ORS 624.010 by section 3 of this 2001 Act; and
(2) Continues to serve only items that qualified the restaurant as
limited service and were offered by the restaurant immediately prior to
the effective date of the amendments to ORS 624.010 by section 3 of this
2001 Act. [2001 c.975 §1]As used in ORS 624.028
and 624.067, “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. [1973 c.824 §4](1) A person may not operate a
restaurant or bed and breakfast facility without a license to do so from
the Department of Human Services.
(2) Application for the license shall be in writing in the form
prescribed by the department and shall contain the name and address of
the applicant and any other information that the department may require.
The fee for a license is as provided in ORS 624.490. A license expires
annually on December 31.
(3) The Director of Human Services may suspend, deny or revoke any
license for violation of any of the applicable provisions of ORS 624.010
to 624.120 or any rule adopted under ORS 624.010 to 624.120.
(4) Procedures for denial, revocation or suspension of a license
are as provided in ORS chapter 183.
(5) The licensee shall post evidence of the license in public view
at the customary entrance of the restaurant or bed and breakfast
facility. A person other than the director may not deface or remove
evidence of a license.
(6) A license is not transferable. The department may not issue a
refund representing any unused portion of a license. [Amended by 1953
c.177 §8; 1957 c.672 §2; 1971 c.661 §1; 1973 c.182 §1; 1975 c.526 §4a;
1975 c.607 §44; 1979 c.696 §11; 1983 c.352 §1; 1983 c.533 §6; 1987 c.226
§2; 1991 c.821 §1; 1995 c.578 §2; 2001 c.975 §4; 2003 c.309 §8] The
Department of Human Services 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 department standards for
construction, maintenance, cleanliness, accessibility and others, not in
conflict with the state building code, that the department might provide.
[1979 c.390 §2] (1) A person may not
operate a temporary restaurant without first procuring a license to do so
from the Department of Human Services. The temporary restaurant license
shall be posted in a conspicuous place on the premises of the licensee.
(2) Application for a temporary restaurant license shall be in
writing in the form prescribed by the department and shall contain the
name and address of the applicant, the specific location of the temporary
restaurant and any other information the department may require.
(3) All temporary restaurant licenses shall terminate 30 days after
issuance unless within the 30 days the temporary restaurant is
discontinued or is moved from the specific location for which the license
was issued. If within 30 days after issuance the temporary restaurant is
discontinued or moved from the specific location for which the license
was issued, the license shall terminate upon the discontinuance or the
removal.
(4) Except as provided in ORS 624.028 and subsection (6) of this
section, every applicant for a temporary restaurant license or renewal
thereof shall pay to the department the appropriate license fee under ORS
624.490.
(5) The Director of Human Services may suspend, deny or revoke any
temporary restaurant license if it appears, after a reasonable time has
been given for correction of a sanitation violation, that the applicant
does not meet applicable minimum sanitation standards as outlined in ORS
624.010 to 624.120 or any rule adopted thereunder. Any suspension, denial
or revocation action shall be taken in accordance with ORS chapter 183.
(6) Notwithstanding any other provision of this section or ORS
624.490:
(a) Each temporary restaurant operating on an intermittent basis,
in a grouping of six or more, at the same specific location two or more
times within a 30-day period shall be issued one license for each 30-day
period.
(b) The total annual amount of license fees for temporary
restaurants described in paragraph (a) of this subsection may not exceed
the maximum annual license fee for a restaurant that is situated in the
county in which the temporary restaurant is situated. [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]When the Department of Human Services determines
that public health hazards are nonexistent, the department may, by rule,
exempt certain types of confection operations from the license
requirements of ORS 624.010 to 624.120. [Formerly part of 624.100; 1973
c.825 §2] (1)(a)
Notwithstanding ORS 624.025 (3) and (4), the Department of Human Services
shall issue a license to a benevolent organization to operate a temporary
restaurant pursuant to this section if the benevolent organization has
notified the department, orally or in writing, of its intention to
operate a temporary restaurant. The department shall provide at least one
place in each county at which such notification may be made.
(b) Not more than 13 temporary restaurant licenses per year may be
issued pursuant to this section to each benevolent organization.
(c) No license fee or inspection fee shall be charged for a
temporary restaurant licensed pursuant to this section.
(2) The department shall issue a temporary benevolent restaurant
license to each provider of restaurant service at a special event
arranged by a benevolent organization. The license shall be provided
without fee to each restaurant service provider who files with the
benevolent organization a signed statement that the service provider
receives no profit from restaurant services performed at the special
event. The statement shall be subject to inspection by the department at
the time inspections are made pursuant to ORS 624.067. For the purpose of
licenses issued pursuant to this subsection, a particular benevolent
organization may arrange only one special event per calendar year.
(3) All licenses issued pursuant to this section shall terminate
three days after issuance unless within the three days the temporary
restaurant is discontinued or is moved from the specific location for
which the license was issued. If within three days after issuance the
temporary restaurant is discontinued or moved from the specific location
for which the license was issued, the license shall terminate upon the
discontinuance or the removal. [1973 c.824 §5; 1993 c.151 §1] The Department of
Human Services shall allow a bed and breakfast facility to conduct food
service operations for its patrons in rooms used by the owner or
operator, provided that:
(1) Such rooms are not used as sleeping quarters; and
(2) Persons not employed by the facility shall be excluded from
such rooms during breakfast meal hours. [1987 c.226 §3] The
Director of Human Services 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 624.015,
without charge or solicitation from those served. [1985 c.247 §2]The Department of Human Services 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 Department of Human Services, the
committee, not later than January 1 of each year in which a biennial
session of the Legislative Assembly convenes, shall submit to the
department and the Legislative Assembly recommendations regarding the
implementation of ORS 624.020, 624.060, 624.085, 624.495 and 624.510.
[1985 c.701 §3; 2003 c.309 §10; 2003 c.547 §115](1) At
least once every six months the Director of Human Services 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.
(2) A copy of each inspection report shall be given to the
restaurant or bed and breakfast facility operator or person in charge of
the restaurant or bed and breakfast facility, and another copy shall be
filed with the records of the Department of Human Services.
(3) During each inspection, the director shall insure that
restaurants or bed and breakfast establishments that hold valid liquor
licenses have properly posted the appropriate sign required by ORS
471.551.
(4) After each inspection, notice regarding compliance with ORS
624.010 to 624.120 by the restaurant or bed and breakfast facility shall
be posted at the customary entrance of the restaurant or bed and
breakfast facility in public view and shall not be removed by any person
except the director.
(5) If the director discovers the violation of any provision of ORS
624.010 to 624.120, the director shall make a second inspection after the
lapse of such time as the director deems necessary for the defect to be
remedied. When a violation noted on an inspection has been remedied, that
violation shall not cumulate with violations noted on a second
inspection. [Amended by 1953 c.177 §8; 1973 c.825 §6; 1983 c.533 §3; 1985
c.701 §§1, 6; 1987 c.226 §§4, 5; 1991 c.324 §8] (1) At least
once during the operation of a temporary restaurant, the Director of
Human Services shall inspect the facilities and operation. The person
operating the temporary restaurant shall, upon request of the director,
permit access to all parts of the establishment.
(2) One copy of the inspection report shall be posted by the
director somewhere on the establishment premises; and the report shall
not be defaced or removed by any person except the director until the
temporary restaurant license is terminated. Another copy of the
inspection report shall be filed with the records of the Department of
Human Services. [1957 c.672 §10(1),(2); 1973 c.824 §7; 1973 c.825 §7](1) At any time during the operation of a temporary
restaurant licensed pursuant to ORS 624.028, the Director of Human
Services may inspect the facilities and operation.
(2) The benevolent organization operating the temporary restaurant
shall, upon request of the director, permit access to all parts of the
establishment. [1973 c.824 §6]Samples of food, drink and other substances
may be taken and examined by the Director of Human Services 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] When the violation
of any provision of ORS 624.010 to 624.120 or any rule promulgated
thereunder comes to the attention of the Director of Human Services and
if the violation is of such a nature as to constitute a serious hazard to
the health of the public, immediate closure of the temporary restaurant
may be secured upon notification of the operator in writing. 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. A copy of this notice shall be filed with the records of the
Department of Human Services. 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. [1957 c.672 §10(3); 1973 c.825 §9](1) The Department of Human Services may, by rule,
define certain communicable diseases which may be spread to the public by
employees of a restaurant, bed and breakfast facility or temporary
restaurant.
(2) No person who is affected with a communicable disease described
in subsection (1) of this section or is a carrier of such disease shall
work in any restaurant, bed and breakfast facility or temporary
restaurant. No restaurant, bed and breakfast facility or temporary
restaurant shall 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 restaurant, bed and breakfast facility or temporary
restaurant manager suspects that any employee has contracted any disease
in a communicable form or has become a carrier of such disease the
manager shall notify the Director of Human Services immediately. A
placard containing this subsection shall be posted in all toilet rooms.
(3) When suspicion arises as to the possibility of transmission of
infection from any restaurant, bed and breakfast facility or temporary
restaurant employee, the director may require any or all of the following
measures:
(a) The immediate exclusion of the employee from all restaurants,
bed and breakfast facilities and temporary restaurants; and
(b) Adequate medical examinations of the employee and associates of
the employee, with such laboratory examinations as may be indicated.
[Amended by 1957 c.672 §5; 1973 c.825 §10; 1987 c.226 §6; 1999 c.59 §184](1) If the Director of Human
Services determines that a critical violation of ORS 624.010 to 624.120,
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.
(2) Notwithstanding ORS 624.020, if the director determines that a
critical violation of ORS 624.010 to 624.120, or any rule promulgated
pursuant thereto, exists in a restaurant or bed and breakfast facility
and the critical violation constitutes an imminent or present danger to
the public health, the director may order immediate correction, use of an
approved alternative procedure or closure of the restaurant or bed and
breakfast facility by written notice thereof to the operator. The
inspection report carrying a statement ordering closure and specifying
the reasons therefor signed by the director and delivered to the operator
may serve as the written notice of the closure. The director shall use
inspection forms that clearly display notice that procedures are
available to the licensee under ORS chapter 183 for appeal of the closure
order. A copy of the notice shall be filed with the records of the
Department of Human Services. The closure order shall have the effect of
an immediate revocation of the operator’s license. If requested, the
director shall provide a prompt hearing after the closure in accordance
with ORS chapter 183.
(3) If the director determines that closure of the restaurant or
bed and breakfast facility is necessary because failure to correct a
critical violation or implement an approved alternative procedure
constitutes a potential danger to the public health, or failure to
correct a critical violation or implement an approved alternative
procedure constitutes an imminent or present danger to the public health,
the director shall:
(a) Notify the owner or person in charge of the restaurant or bed
and breakfast facility that such restaurant or bed and breakfast facility
shall not be used for food service purposes until the critical violations
specified in the inspection report have been corrected; and
(b) Post a notice of closure upon the restaurant or bed and
breakfast facility at the customary entrance to the restaurant or bed and
breakfast facility in public view to the effect that the restaurant or
bed and breakfast facility is closed for operation because a critical
violation exists.
(4)(a) No person shall remove a notice of closure from a restaurant
or bed and breakfast facility until the violation which caused the notice
to be posted has been corrected.
(b) No person shall operate a restaurant or bed and breakfast
facility upon which a notice of closure has been posted until the
violation which caused the notice to be posted has been corrected and the
notice has been removed.
(5) The director shall define clearly the criteria and rules for
conformance to acceptable food service practices used to determine the
restaurant or bed and breakfast facility sanitation score to insure
statewide uniformity in the inspection and licensing processes. Critical
violations which constitute a potential danger to the public health and
critical violations which constitute an imminent or present danger to the
public health shall be clearly defined. Minimum acceptable food service
standard procedures shall be clearly defined by setting a minimum
acceptable sanitation score for a licensed restaurant or bed and
breakfast facility.
(6) If a restaurant or bed and breakfast facility obtains a
sanitation score of less than the minimum acceptable standard, the
restaurant or bed and breakfast facility operator or person in charge of
the restaurant or bed and breakfast facility shall be notified of
impending closure if, after reinspection within 30 days, the sanitation
score does not meet minimum acceptable food service standards. If closure
action is taken after reinspection, the restaurant or bed and breakfast
facility may not be operated until the restaurant or bed and breakfast
facility operator submits a plan for correction of the violations that
receives the approval of the director and a subsequent inspection of the
restaurant or bed and breakfast facility produces a sanitation score that
meets minimum acceptable food service standards.
(7) The department may establish a more frequent inspection
schedule for a restaurant licensed under ORS 624.020 that fails to meet
specific minimum standards established by the department. The department
may charge a fee for costs associated with the performance of additional
inspections.
(8) As used in this section, “imminent” means impending or likely
to develop without delay. [1983 c.533 §2; 1987 c.226 §7; 1995 c.578 §4;
2003 c.309 §11] The Department of Human Services shall make all
rules necessary for the enforcement of ORS 624.010 to 624.120, including
such rules concerning the construction and operation of restaurants, bed
and breakfast facilities and 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:
(1) A water supply adequate in quantity and safe for human
consumption.
(2) Disposal of sewage, refuse and other wastes in a manner that
will not create a nuisance or a health hazard.
(3) The cleanliness and accessibility of toilets and handwashing
facilities.
(4) The cleanliness of the premises.
(5) The refrigeration of perishable foods.
(6) The storage of food for protection against dust, dirt and
contamination.
(7) Equipment of proper construction and cleanliness of such
equipment.
(8) The control of insects and rodents.
(9) The cleanliness and grooming of food workers.
(10) Exclusion of unauthorized persons from food preparation and
storage areas.
(11) Review of proposed plans for the construction or remodeling of
The Department of Human Services shall make such
rating surveys as are necessary to obtain uniform enforcement of ORS
624.010 to 624.120 throughout the state, and shall prepare and
disseminate information pertaining to educational programs for the
purpose of encouraging compliance with ORS 624.010 to 624.120 on the part
of owners, managers and employees of eating and drinking establishments.
[Amended by 1973 c.825 §12] All license fees collected under ORS
624.010 to 624.120 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 624.120. [Amended by
1957 c.672 §7; 1973 c.427 §13; 1987 c.905 §34](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.
(2) A local public health authority shall provide or cause to be
provided the necessary training program at reasonable intervals, as
determined by the local authority. The local public health authority must
provide for the training requirement of this section to be met by
inclusion of the necessary training in a food handler training program
under ORS 624.570 or by the placement of posters in the workplace.
(3) The local public health authority may charge reasonable fees to
cover actual expenses of providing the training and issuing verification
of training.
(4) The local public health authority may waive in writing the
training requirements of this section in cases of undue hardship, or
where the local authority determines that the employee’s assignment
renders such training impracticable or unnecessary.
(5) Civil or criminal liability to the restaurant or restaurant
employees may not result from good faith application by a trained person
of the first aid described under subsection (1) of this section. [1977
c.824 §1; 2001 c.975 §4a; 2003 c.309 §12]GAME MEAT
(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) “Charitable organization” means the Department of Human
Services, Oregon Youth Authority, Department of Corrections institutions,
low-income nutritional centers, public school nutritional centers, senior
nutritional centers, state hospitals and other charitable organizations
or public institutions approved by the State Department of Fish and
Wildlife.
(b) “Game meat” includes antelope, bighorn sheep, deer, elk, moose
and mountain goat. [1983 c.575 §4; 1987 c.320 §240; 1997 c.249 §190; 2001
c.900 §211]COMMISSARIES, MOBILE UNITS AND VENDING MACHINES As used in ORS
624.310 to 624.430 unless the context requires otherwise:
(1) “Approved” means approved by the administrator.
(2) “Commissary” means commissary catering establishment,
restaurant or any other place in which food, beverage, ingredients,
containers or supplies are kept, handled, prepared or stored, and from
which vending machines or mobile units are serviced.
(3) “Department” means the Department of Human Services.
(4) “Director” means the Director of Human Services.
(5) “Employee” means any operator or any person employed by an
operator who handles any food, beverage, or ingredient to be dispensed
through vending machines or mobile units, or who comes into contact with
product contact surfaces of the container, equipment, utensils or
packaging materials, used in connection with vending machines or mobile
unit operations, or who otherwise services or maintains one or more such
machines or units.
(6) “Food” means any raw, cooked or processed edible substance,
beverage or ingredient used or intended for use in whole, or in part, for
human consumption.
(7) “Machine location” means the room, enclosure, space or area
where one or more vending machines are installed and are in operation.
(8) “Mobile unit” means any vehicle on which food is prepared,
processed or converted or which is used in selling and dispensing food to
the ultimate consumer.
(9) “Operator” means any person, who by contract, agreement or
ownership is responsible for operating a commissary or warehouse or
furnishing, installing, servicing, operating or maintaining one or more
vending machines or mobile units.
(10) “Person” means any individual, partnership, corporation,
company, firm, institution, association or any other public or private
entity.
(11) “Product contact surface” means any surface of the vending
machine or mobile unit, appurtenance or container which comes into direct
contact with any food, beverage or ingredient.
(12) “Readily perishable food” means any food, beverage or
ingredient consisting in whole or in part of milk, milk products, eggs,
meat, fish, poultry, or any other food capable of supporting rapid and
progressive growth of microorganisms which can cause food infections or
food intoxications. However, “readily perishable food” does not include
products in hermetically sealed containers processed by heat to prevent
spoilage or dehydrated, dry or powdered products which are so low in
moisture content as to preclude development of microorganisms.
(13) “Single-service article” means any utensil, container,
implement or wrapper intended for use only once in the preparation,
storage, display, service or consumption of food or beverage.
(14) “Utensil” means any kitchenware, tableware, glassware,
cutlery, container, cleaning brush or other equipment that comes into
contact with food or product contact surfaces during cleaning of vending
machines, mobile units or commissary equipment, or during storage,
preparation, serving, dispensing or consumption of food.
(15) “Vending machine” means any self-service device offered for
public use which, upon insertion of a coin, coins, currency or token, or
by other means, dispenses unit servings of food or beverage, either in
bulk or package, without the necessity of replenishing the device between
each vending operation.
(16) “Warehouse” means any place where food, utensils,
single-service articles, cleaning or servicing supplies for vending
machines, mobile units or commissaries are stored. [1963 c.575 §1; 1973
c.825 §13; 1975 c.792 §2; 2001 c.900 §212; 2001 c.975 §5](1) A person may not
operate a vending machine, warehouse, commissary or mobile unit without
first procuring a license to do so from the Department of Human Services.
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.
(2) Application for the license shall be in writing in the form
prescribed by the department and shall contain the following information:
(a) Name and address of the applicant.
(b) Location of all warehouses or commissaries.
(c) Locations where supplies are kept.
(d) Locations where vending machines or mobile units are stored,
repaired or renovated.
(e) Identity and form of food to be dispensed through vending
machines.
(f) Number of each type of vending machine on location.
(3) The operator must keep the specific locations of the vending
machines and specific itineraries of the mobile units on file at the
operator’s business office and readily available to the department. If
the mobile unit is moved to a delegate county other than a delegate
county that licensed the mobile unit, the operator shall notify the
health department for the county to which the mobile unit is moved prior
to operating the mobile unit within that county. The operator shall
furnish the department with written details of the conversion of any
vending machine to dispense products other than those for which the
license was issued. [1963 c.575 §2; 1973 c.825 §14; 2001 c.104 §244; 2001
c.975 §6; 2003 c.672 §1](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.
(2) The Department of Human Services may, by rule, exempt certain
other types of vending machines from the license requirements of ORS
624.310 to 624.430 when it appears that there is no danger to the life
and health of the people of this state.
(3) The provisions of ORS 624.310 to 624.430 do not include
commissaries, mobile units or vending machines which are presently
licensed and inspected by the State Department of Agriculture or United
States Public Health Service. [1963 c.575 §§7,15; 1973 c.825 §15] The Director
of Human Services 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. [1963
c.575 §4; 1973 c.825 §16](1) At least once
every six months, the Director of Human Services 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 insure compliance with the provisions of
ORS 624.310 to 624.430.
(2) Samples of food, drink and other substances may be taken and
examined by the director as often as may be necessary for the detection
of unwholesomeness or adulteration. The director may condemn and prohibit
the sale of or cause to be removed or destroyed, any food or drink which
contains any toxic, contaminated, filthy, putrid, decomposed or diseased
substance or if it is otherwise unfit for human consumption.
(3) One copy of the inspection report shall be posted by the
director upon an inside wall of the commissary or placed in the mobile
unit. The inspection report shall not be defaced or removed by any person
except the director. A copy of the inspection report on vending machines
shall be sent to the operator. Another copy of each inspection report
shall be filed with the records of the Department of Human Services.
(4) If the director discovers the violation of any provision of ORS
624.310 to 624.430 or any rule promulgated thereunder, the director shall
make a second inspection after the lapse of such time as the director
considers necessary for the defect to be remedied.
(5) If a violation is of a nature so as to constitute a danger to
the health of the people of this state, the director may order immediate
closure of the commissary, mobile unit, or vending machine and shall,
within 24 hours of the time of inspection, mail to or serve personally on
the licensee a copy of the inspection report signed by the director
showing thereon the particular facility closed and the reason. The
director shall, if requested, hold a hearing in accordance with ORS
chapter 183. [1963 c.575 §8; 1973 c.825 §17; 1975 c.792 §2](1) No person affected
with a communicable disease described in ORS 624.080 (1) or is a carrier
of such disease shall work in any commissary, mobile unit or in the
servicing of vending machines nor shall 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
Human Services immediately. A placard containing this section shall be
posted in all toilet rooms.
(2) When, in the opinion of the director, there is a possibility of
transmission of infection from any person or employee, the director may
require the immediate exclusion of such person or employee from all
commissaries, mobile units and vending machines and may require a medical
examination of the person or employee and associates of the person or
employee including such laboratory examinations as may be indicated.
[1963 c.575 §9; 1973 c.825 §18] The Department of Human Services 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 and safe for human
consumption.
(3) Disposal of sewage, refuse and other wastes in a manner that
will not create a nuisance or health hazard.
(4) Cleanliness of premises and facilities.
(5) Refrigeration of perishable foods and the wholesomeness of all
food and beverage ingredients.
(6) Protection of food, utensils, wrapping and serving materials
against dust, dirt and contamination.
(7) Equipment of proper construction and the maintenance of such
equipment.
(8) Approved plumbing.
(9) Sanitary facilities for employees in commissaries.
(10) Control and exclusion of insects and rodents.
(11) Labeling of foods or beverages.
(12) Exclusion of vending machines dispensing chemicals,
sanitizers, detergents, economic poisons and such other compounds of
similar nature from immediate areas where food and beverage vending
machines are located.
(13) Approval of plans for commissaries, mobile units and vending
machines. [1963 c.575 §10; 1973 c.825 §19]The
Department of Human Services 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]
(1) Foods from commissaries or other sources outside the jurisdiction of
the Department of Human Services 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.
(2) The department shall investigate and survey the system of
regulations in effect for commissaries or sources of supply outside the
state. Upon determination that the regulations in effect are of a quality
substantially equal to the rules of ORS 624.310 to 624.430, the
department may permit such commissaries or sources of supply to be used
in the state. [1963 c.575 §11; 1973 c.825 §21]
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) 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 Department of Human Services
the appropriate annual fee set forth in ORS 624.490.
(2) All licenses issued under ORS 624.320 expire annually on a date
set by department rule. A license is not transferable. The department may
not issue a refund representing any unused portion of a license. The
department may not refund fees submitted with applications that have been
denied. [1963 c.575 §3; 1973 c.182 §3; 1975 c.526 §6; 1979 c.696 §13;
1983 c.352 §2; 1995 c.578 §6; 2001 c.975 §7; 2003 c.309 §13]ADMINISTRATION AND ENFORCEMENT OF FOOD SERVICE FACILITY LAWS (1) The Department of Human
Services may charge the following fees for the issuance or renewal of
licenses:
(a) $157.50 for a bed and breakfast facility.
(b) $210 for a limited service restaurant.
(c) For a restaurant in accordance with seating capacity, as
follows:
(A) $367.50 for 0 to 15 seats;
(B) $414.75 for 16 to 50 seats;
(C) $472.50 for 51 to 150 seats; and
(D) $525 for more than 150 seats.
(d) For a temporary restaurant, except as provided in ORS 624.025
and 624.028:
(A) $36.75 for an event lasting one day; and
(B) $52.50 for an event lasting two days or longer.
(e) $262.50 for a commissary.
(f) $105 for each warehouse.
(g) $131.50 for each mobile unit.
(h) For vending machines in accordance with the number of machines
covered by the license as follows:
(A) $26.25 for 1 to 10 machines;
(B) $52.50 for 11 to 20 machines;
(C) $78.75 for 21 to 30 machines;
(D) $105 for 31 to 40 machines;
(E) $131.25 for 41 to 50 machines;
(F) $157.50 for 51 to 75 machines;
(G) $210 for 76 to 100 machines;
(H) $367.50 for 101 to 250 machines;
(I) $577.50 for 251 to 500 machines;
(J) $787.50 for 501 to 750 machines;
(K) $966 for 751 to 1,000 machines;
(L) $1,260 for 1,001 to 1,500 machines; and
(M) $1,575 for more than 1,500 machines.
(2) To reinstate a license other than a temporary restaurant
license after the expiration date, the operator must pay a reinstatement
fee of $100 in addition to the license fee required under subsection (1)
of this section. If the operator reinstates the license more than 30 days
after the expiration date, the reinstatement fee shall increase by $100
on the 31st day following the expiration date and on that day of the
month in each succeeding month until the license is reinstated.
(3) The department or a local public health authority may exempt or
reduce the license fee for restaurants operated by benevolent
organizations, as defined in ORS 624.015, that provide food or beverages
primarily to children, the elderly, the indigent or other needy
populations if the persons receiving the food or beverages are not
required to pay the full cost of the food or beverages. [2003 c.309 §4] (1) The
Department of Human Services shall adopt rules establishing a foodborne
illness prevention program for the purpose of protecting the public
health. The program may include, but need not be limited to, provisions
for preventing the spread of communicable disease through food dispensing
facilities and for effective and rapid response to terrorism events
related to food dispensing facilities.
(2) A program established by the department under this section must
provide for a local public health authority that enters into an
intergovernmental agreement under ORS 624.510 to undertake primary
responsibility for the delivery of program services within the
jurisdiction of the local authority. A program must also provide for
extensive monitoring and review by the department of local public health
authority performance of program services under an intergovernmental
agreement.
(3) The department shall consult with groups representing local
health officials within the state and statewide restaurant associations
in the development of rules adopted under this section and prior to
preparing an intergovernmental agreement delegating administration and
enforcement of all or part of the foodborne illness prevention program to
a local public health authority. [2003 c.309 §3](1) The Director of
Human Services shall enter into an intergovernmental agreement with each
local public health authority established under ORS 431.375, delegating
to the local authority the administration and enforcement within the
jurisdiction of the authority of the powers, duties and functions of the
Director of Human Services under ORS 624.010 to 624.120, 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 authority and the
monitoring to be performed by the Department of Human Services. The
department shall establish the descriptions and standards in consultation
with the local public health authority officials and in accordance with
ORS 431.345. The intergovernmental agreement must be a part of the local
annual plan submitted by the local public health authority under ORS
431.385. The department 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 624.085
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 department suspends or rescinds an intergovernmental
agreement, the unexpended portion of the fees collected under subsection
(2) of this section shall be available to the department for carrying out
the powers, duties and functions under this section.
(2) A local public health authority shall collect fees on behalf of
the department that are adequate to cover the administration and
enforcement costs incurred by the local public health authority under
this section and the cost of oversight by the department. If the fee
collected by a local public health authority for a license or service is
more than 20 percent above or below the fee for that license or service
charged by the department, the department shall analyze the local public
health authority fee process and determine whether the local public
health authority used the proper cost elements in determining the fee and
whether the amount of the fee is justified. Cost elements may include,
but need not be limited to, expenses related to administration, program
costs, salaries, travel expenses and department consultation fees. If the
department determines that the local public health authority did not use
the proper cost elements in determining the fee or that the amount of the
fee is not justified, the department may order the local public health
authority to reduce any fee to a level supported by the department’s
analysis of the fee process.
(3) The department, after consultation with groups representing
local health officials in the state, shall by rule assess a remittance
from each local public health authority to which health enforcement
powers, duties or functions have been delegated under subsection (1) of
this section. The amount of the remittance must be specified in the
intergovernmental agreement. The remittance shall supplement existing
funds for consultation services and development and maintenance of the
statewide food service program. The department shall consult with groups
representing local health officials in the state and statewide restaurant
associations in developing the statewide food service program.
(4) In any action, suit or proceeding arising out of local public
health authority administration of functions pursuant to subsection (1)
of this section and involving the validity of a rule adopted by the
department, the department shall be made a party to the action, suit or
proceeding. [1973 c.825 §22a; 1975 c.790 §3; 1975 c.792 §4; 1981 c.650
§5; 1983 c.370 §1; 1983 c.533 §4; 1995 c.578 §7; 2001 c.975 §8; 2003
c.309 §14; 2005 c.22 §440]Notwithstanding any provision of ORS 624.010 to 624.120 or 624.310
to 624.430 or statutes administered by the State Department of
Agriculture, the Director of Human Services 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]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:
(1) Make recommendations to the local public health authority
regarding the administration and enforcement by the local authority of
powers, duties and functions under an existing or proposed
intergovernmental agreement; and
(2) Review and provide to the Department of Human Services an
evaluation of the effectiveness of this chapter and any foodborne illness
prevention program adopted by the department by rule under ORS 624.495.
[1983 c.533 §8; 1985 c.519 §5; 2003 c.309 §17]FOOD HANDLER TRAINING PROGRAM(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.
(b) A food handler training program offered by the Department of
Human Services or the designated agent of the department, or offered by a
local public health authority or designated agent of the local authority
and approved by the department, is valid in any jurisdiction in the state
for the purpose of obtaining the certificate of completion under
subsection (2) of this section.
(2) If a person successfully completes the food handler training
program required in subsection (1) of this section and pays the
appropriate fee, the department, a local public health authority or a
designated agent shall issue a certificate of completion. A food handler
certificate of completion expires three years after the date of issuance.
(3) All local public health authorities exercising powers, duties
and functions pursuant to ORS 624.510, shall ensure the provision of food
handler training programs within the jurisdiction of the local public
health authority. The department shall establish and maintain food
handler training programs in counties without authority delegated under
ORS 624.510.
(4) The department shall establish by rule all provisions necessary
to administer and enforce the provisions of this section, including but
not limited to:
(a) Minimum standards for program content and delivery; and
(b) The establishment of minimum requirements for successful
completion of the training.
(5) The department, a local public health authority or a designated
agent shall charge a program fee to program participants. The program fee
may not exceed $10. A program provider may assess a new program fee each
time a participant takes or retakes all or part of a program or
certification exam. A fee not exceeding $5 may be charged for duplicate
certificates of completion.
(6) Persons involved in the preparation or service of food in a
temporary restaurant are not required to complete a food handler training
program, but the temporary restaurant shall have at least one person who
has completed the food handler training program on the premises at all
times. [1995 c.578 §13; 2001 c.975 §8a; 2003 c.309 §18]MISCELLANEOUS
(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, canoeing,
rafting or other such expedition as described in ORS 446.435 unless the
expedition is a part of an organizational camp program. [1981 c.650 §3] 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 Department of Human Services and paying a fee to the
department for review of the plans. The fee shall be assessed in the
following amounts:
(1) For initial construction:
(a) Of a full service restaurant, $250.
(b) Of a bed and breakfast facility, $75.
(c) Of a commissary, $125.
(d) Of a warehouse, $50.
(e) Of a limited service restaurant, $75.
(f) Of a mobile unit, $75.
(2) For remodeling:
(a) Of a full service restaurant, $100.
(b) Of any facility other than a full service restaurant, $50.
[1995 c.578 §11] (1) Notwithstanding
any provision of ORS 624.010, 624.025, 624.065, 624.510 or 624.530, a
temporary restaurant as defined under ORS 624.010 that is a mobile unit
as defined under ORS 624.310 may be required to pay a fee not to exceed
$25 for inspection services if the mobile unit is licensed by:
(a) The Department of Human Services under ORS 624.320 or a local
public health authority acting pursuant to an intergovernmental agreement
to conduct inspections in accordance with ORS 624.370;
(b) The State Department of Agriculture or the United States Public
Health Service as provided under ORS 624.330; or
(c) Another jurisdiction and permitted to be used in this state
under ORS 624.410.
(2) This section does not prohibit the Department of Human Services
or a local public health authority delegated authority under an
intergovernmental agreement described in ORS 624.510 from enforcing ORS
624.380 or 624.420 or rules adopted by the department pursuant to ORS
624.390. [1995 c.686 §1; 2003 c.309 §19] All moneys received by the Department
of Human Services 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 department for the purpose of
carrying out the provisions of this chapter. [1995 c.578 §12; 2001 c.975
§9]PENALTIES (1) Violation of any provision of ORS
624.010 to 624.120 or rules of the Department of Human Services
promulgated under ORS 624.010 to 624.120 is a Class C misdemeanor.
(2) Violation of any provision of ORS 624.310 to 624.430 or rules
of the department promulgated under ORS 624.310 to 624.430 is a Class B
misdemeanor. [Subsection (2) enacted as 1963 c.575 §16; 1973 c.825 §22;
2003 c.14 §377] (1) In addition to any other penalty
provided by law, the Department of Human Services may impose a civil
penalty on any person for violation of ORS 624.020 (1), 624.060 (1),
624.060 (4), 624.070, 624.085, 624.320, 624.370, 624.380 or 624.430 or
rules adopted under ORS 624.010 to 624.120 or 624.390.
(2) After public hearing, the Department of Human Services by rule
shall adopt objective criteria for establishing the civil penalty that
may be imposed under subsection (1) of this section.
(3) Civil penalties under subsection (1) of this section shall be
imposed in the manner provided by ORS 183.745.
(4) A local public health authority delegated civil penalty power
under an intergovernmental agreement described in ORS 624.510 shall
implement that power in accordance with protocols and limits established
by the Department of Human Services by rule. The local public health
authority’s civil penalty power applies only to imminent and present
dangers to public health and to operation without a license. [1995 c.578
§14; 2001 c.975 §10; 2003 c.309 §20]
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