Chapter 624 — Food Service Facilities

 

2013 EDITION

 

FOOD SERVICE FACILITIES

 

FOOD AND OTHER COMMODITIES

 

DEFINITION

 

624.005     “Local public health authority” defined

 

RESTAURANTS; BED AND BREAKFAST FACILITIES

 

624.010     Definitions for ORS 624.010 to 624.121

 

624.020     License; fee payment; rules; denial, suspension and revocation of licenses; posting; nontransferability

 

624.029     Disposition of fees

 

624.036     Exemption of confection operations from license requirements; rules

 

624.038     Exemptions from requirements of ORS 624.010 to 624.121

 

624.041     Rules

 

624.046     Bed and breakfast facility regulation

 

624.051     Single toilet fixture allowed in small restaurant

 

624.060     Inspection and reinspection of restaurants and bed and breakfast facilities; posting of sign required; report; posting

 

624.070     Examination of food and drink samples; unwholesome or adulterated food and drink

 

624.073     Revocation, suspension or refusal of license; closure; sanitation score; inspection schedule; fees

 

624.077     Rating surveys; preparing and disseminating information for educational programs

 

624.080     Diseased persons working in restaurants, bed and breakfast facilities or temporary restaurants; suspicion of possible transmission of infection; rules

 

624.082     Intermittent temporary restaurants

 

624.084     Seasonal temporary restaurants

 

624.086     Single-event temporary restaurants

 

624.091     Inspection of temporary restaurants; report; fees

 

624.096     Summary closure of temporary restaurant; hearing

 

624.101     “Benevolent organization” defined

 

624.106     Issuance of single-event temporary restaurant license to benevolent organization

 

624.111     Inspection of event facilities and operation under license of benevolent organization

 

624.116     When alternative food service criteria applicable

 

624.121     State Food Service Advisory Committee; appointment; composition; duties

 

624.130     Training to relieve choking; methods of training; exemptions; fees

 

GAME MEAT

 

624.165     Service of inspected game meat by charitable organization

 

COMMISSARIES, MOBILE UNITS AND VENDING MACHINES

 

624.310     Definitions for ORS 624.310 to 624.430

 

624.320     License requirement for commissary, warehouse, mobile unit or vending machine; notice of mobile unit movement

 

624.330     Exemption of certain commissaries, mobile units and vending machines from licensing requirements; rules

 

624.355     Rules

 

624.370     Inspection of commissary, warehouse, mobile unit or vending machine; report of Director of Oregon Health Authority; hearing

 

624.400     Rating surveys; preparing and disseminating information; cooperation with local health departments in educational programs

 

624.410     Commissaries and sources of supply outside jurisdiction

 

624.415     Denial, suspension or revocation of license

 

624.420     Abating or enjoining violations of ORS 624.310 to 624.430

 

624.425     Diseased persons working in commissary or mobile unit; suspicion of possible transmission of infection

 

624.430     Fee payment; rules

 

ADMINISTRATION AND ENFORCEMENT OF FOOD SERVICE FACILITY LAWS

 

624.490     License fees; exemptions

 

624.495     Foodborne illness prevention program; rules

 

624.510     Intergovernmental agreements with local public health authorities; fee collection and remittance; rules

 

624.530     Agreement to ensure only one agency inspects facilities; rules

 

624.550     Local public health authority food service advisory committee

 

FOOD HANDLER TRAINING PROGRAM

 

624.570     Food handler training requirement; exception; certification; fees; rules

 

MISCELLANEOUS

 

624.610     Application of ORS 624.010 to 624.121 or 624.310 to 624.430 to certain food service

 

624.630     Construction, remodeling requirements; fees

 

624.650     Mobile unit inspection fee

 

624.670     Disposition of fees

 

PENALTIES

 

624.990     Criminal penalties

 

624.992     Civil penalty; rules

 

DEFINITION

 

      624.005 “Local public health authority” defined. As used in this chapter, “local public health authority” means an entity described in ORS 431.375. [2003 c.309 §2]

 

RESTAURANTS; BED AND BREAKFAST FACILITIES

 

      624.010 Definitions for ORS 624.010 to 624.121. 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, 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 meal service as provided in ORS 624.046 as part of the cost of the room.

      (3) “Director” means the Director of the Oregon Health Authority.

      (4) “Intermittent temporary restaurant” means an establishment:

      (a) That operates temporarily at a specific location in connection with multiple public gatherings, entertainment events, food product promotions or other events, at least two of which are arranged for by different oversight organizations; and

      (b) Where food is prepared or served for consumption by the public.

      (5) “Limited service restaurant” means a restaurant serving only individually portioned prepackaged foods prepared from an approved source by a commercial processor and nonperishable beverages.

      (6) “Operational review” means the examination of a plan of operation for an establishment in order to ensure that the proposed operation conforms with applicable sanitation standards.

      (7) “Oversight organization” means an entity responsible for organizing, managing or otherwise arranging for a public gathering, entertainment event, food product promotion or other event, including but not limited to ensuring the availability of water, sewer and sanitation services.

      (8) “Person” means a person as defined in ORS 174.100, a public body as defined in ORS 174.109, the Oregon Health and Science University or the Oregon State Bar.

      (9) “Restaurant,” except as provided in subsection (9) of this section, means an establishment:

      (a) Where food or drink is prepared for consumption by the public;

      (b) 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; or

      (c) That prepares food or drink in consumable form for service outside the premises where prepared.

      (10) “Restaurant” does not mean a railroad dining car, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant.

      (11) “Seasonal temporary restaurant” means an establishment:

      (a) That operates at a specific location in connection with multiple public gatherings, entertainment events, food product promotions or other events that are arranged for by the same oversight organization; and

      (b) Where food is prepared or served for consumption by the public.

      (12) “Single-event temporary restaurant” means an establishment:

      (a) That operates in connection with a single public gathering, entertainment event, food product promotion or other event; and

      (b) Where food is prepared or served for consumption by the public. [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; 2009 c.595 §999; 2011 c.664 §5; 2013 c.306 §1; 2013 c.554 §7]

 

      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]

 

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

 

      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.

      (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 and any other information that the authority may require. The fee for a license is as provided in ORS 624.490. A license expires annually on December 31 or on such date as may be specified by authority rule.

      (3) The Director of the Oregon Health Authority may suspend, deny or revoke any license for violation of any of the applicable provisions of ORS 624.010 to 624.121 or any rule adopted under ORS 624.010 to 624.121.

      (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 authority 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; 2007 c.768 §32; 2009 c.595 §1000]

 

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

 

      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]

 

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

 

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

 

      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]

 

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

 

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

 

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

 

      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]

 

      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:

      (1) An establishment where food is prepared and served by a fraternal, social or religious organization only to its own members and guests.

      (2) An approved school lunchroom where:

      (a) Food is prepared and served for school and community activities; and

      (b) The food preparation and service are under the direction of the school lunchroom supervisor.

      (3) 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 subsection, a sample may not include a meal, an individual hot dish or a whole sandwich.

      (4) A private residence, or part of a private residence, 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. [2011 c.664 §4]

 

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

 

      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:

      (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 facilities subject to licensing under this chapter. [Formerly 624.100; 2009 c.595 §1002; 2011 c.664 §6]

 

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

 

      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:

      (a) Are not used as sleeping quarters; and

      (b) Are off-limits during meal hours to individuals not employed by the bed and breakfast facility.

      (2) Except as provided in ORS 215.452 or 215.453, meal service in a bed and breakfast facility is limited to the preparation and service of breakfast. [Formerly 624.032; 2009 c.595 §1003; 2013 c.554 §8]

 

      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]

 

      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]

 

      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.

      (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 Oregon Health Authority.

      (3) During each inspection, the director shall ensure 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 624.121 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 624.121, 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; 2009 c.595 §1005]

 

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

 

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

 

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

 

      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]

 

      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.

      (2) Notwithstanding ORS 624.020, if the director 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 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 Oregon Health Authority. 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 authority 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 authority. The authority 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. [Formerly 624.085; 2009 c.595 §1007]

 

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

 

      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]

 

      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.

      (2) A person who is affected with a communicable disease described in subsection (1) of this section or is a carrier of such disease may not work in any restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant. A restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant may not employ a person who is affected with, carries or is suspected of being affected with or carrying any communicable disease. If the restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event 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 the Oregon Health Authority 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, intermittent temporary restaurant, seasonal temporary restaurant or single-event 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, intermittent temporary restaurants, seasonal temporary restaurants and single-event 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; 2009 c.595 §1009; 2011 c.664 §7]

 

      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.

      (2) Application for an intermittent temporary restaurant license shall be in writing in the form prescribed by the authority and shall contain the name and address of the applicant, the specific location of the intermittent temporary restaurant, a description of the public gatherings, entertainment events, food product promotions or other events to be served by the intermittent temporary restaurant, an operating plan and any other information the authority may require. Except as provided in ORS 624.106, an applicant for an intermittent temporary restaurant license or renewal of an intermittent temporary restaurant license shall pay to the authority the appropriate license fee under ORS 624.490.

      (3) An intermittent temporary restaurant license shall expire 30 days after issuance. However, the license shall terminate immediately if:

      (a) The intermittent temporary restaurant prepares or serves food for consumption by the public that is not in connection with a public gathering, entertainment event, food product promotion or other event held by an oversight organization;

      (b) The location of the intermittent temporary restaurant changes; or

      (c) The menu is substantially altered as defined by authority rules.

      (4) The Director of the Oregon Health Authority may suspend, deny or revoke an intermittent 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 described in ORS 624.010 to 624.121 or in a rule adopted under ORS 624.010 to 624.121. Any suspension, denial or revocation action shall be taken in accordance with ORS chapter 183. [2011 c.664 §2]

 

      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.

      (2) Application for a seasonal temporary restaurant license shall be in writing in the form prescribed by the authority and shall contain the name and address of the applicant, the specific location of the seasonal temporary restaurant, the name of the oversight organization arranging the public gatherings, entertainment events, food product promotions or other events to be served by the seasonal temporary restaurant, an operating plan and any other information the authority may require. Except as provided in ORS 624.106, an applicant for a seasonal temporary restaurant license or renewal of a seasonal temporary restaurant license shall pay to the authority the appropriate license fee under ORS 624.490.

      (3) A seasonal temporary restaurant license shall expire 90 days after issuance. However, a license shall terminate immediately if:

      (a) The seasonal temporary restaurant prepares or serves food for consumption by the public that is not in connection with a public gathering, entertainment event, food product promotion or other event held by the oversight organization identified in the license application for the seasonal temporary restaurant;

      (b) The location of the seasonal temporary restaurant changes; or

      (c) The menu is substantially altered as defined by authority rules.

      (4) The Director of the Oregon Health Authority may suspend, deny or revoke a seasonal 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 described in ORS 624.010 to 624.121 or in a rule adopted under ORS 624.010 to 624.121. Any suspension, denial or revocation action shall be taken in accordance with ORS chapter 183. [2011 c.664 §3]

 

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

 

      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.

      (2) Application for a single-event temporary restaurant license shall be in writing in the form prescribed by the authority and shall contain the name and address of the applicant, the specific location of the single-event temporary restaurant and any other information the authority may require.

      (3) All single-event temporary restaurant licenses shall terminate 30 days after issuance unless within the 30 days the single-event temporary restaurant is discontinued or is moved from the specific location for which the license was issued. If within 30 days after issuance the single-event 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 624.106, every applicant for a single-event temporary restaurant license or renewal of a single-event temporary restaurant license shall pay to the authority the appropriate license fee under ORS 624.490.

      (5) The Director of the Oregon Health Authority may suspend, deny or revoke any single-event 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 624.121 or any rule adopted thereunder. Any suspension, denial or revocation action shall be taken in accordance with ORS chapter 183. [Formerly 624.025; 2009 c.595 §1010; 2011 c.664 §8]

 

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

 

      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.

      (2) The director shall conduct an operational review of an intermittent temporary restaurant or seasonal temporary restaurant. The director may charge a reasonable fee established by rule for conducting the operational review. The director shall inspect the facilities and operation of an intermittent temporary restaurant or seasonal temporary restaurant at least once during the term of the license. The person operating the intermittent temporary restaurant or seasonal temporary restaurant shall, upon request of the director, permit access to all parts of the establishment.

      (3) One copy of the inspection report shall be posted by the director on the establishment premises. A person other than the director may not remove or deface the inspection report during the term of the license. The director shall file a copy of the inspection report in the records of the Oregon Health Authority. [Formerly 624.065; 2009 c.595 §1011; 2011 c.664 §9]

 

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

 

      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]

 

      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]

 

      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]

 

      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.

      (b) Notwithstanding ORS 624.490 or 624.650, the authority, or a local public health authority as provided under ORS 624.510, may not charge a benevolent organization a license fee or inspection fee for a single-event temporary restaurant licensed under this subsection.

      (2) The authority shall issue a single-event temporary restaurant license to each restaurant service provider 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 authority at the time inspections are made pursuant to ORS 624.111. A benevolent organization may not arrange more than one special event per calendar year for which restaurant service providers are licensed without charge under this subsection. [Formerly 624.028; 2009 c.595 §1013; 2011 c.664 §11]

 

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

 

      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.

      (2) The benevolent organization or service provider operating the single-event temporary restaurant shall, upon request of the director, permit access to all parts of the establishment. [Formerly 624.067; 2009 c.595 §1014; 2011 c.664 §12]

 

      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]

 

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

 

      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]

 

      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.

      (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

 

      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.

      (2) As used in subsection (1) of this section:

      (a) “Charitable organization” means the Department of Human Services, Oregon Health Authority, 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; 2009 c.595 §1017]

 

COMMISSARIES, MOBILE UNITS AND VENDING MACHINES

 

      624.310 Definitions for ORS 624.310 to 624.430. 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, beverage, ingredients, containers or supplies are kept, handled, prepared or stored, and from which vending machines or mobile units are serviced.

      (4) “Director” means the Director of the Oregon Health Authority.

      (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; 2009 c.595 §1018]

 

      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.

      (2) Application for the license shall be in writing in the form prescribed by the authority 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 authority. 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 local 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 authority 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; 2009 c.595 §1019]

 

      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.

      (2) The Oregon Health Authority 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; 2009 c.595 §1020]

 

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

 

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

 

      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:

      (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. [Formerly 624.390]

 

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

 

      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.

      (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 Oregon Health Authority.

      (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; 2009 c.595 §1022]

 

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

 

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

 

      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]

 

      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.

      (2) The authority 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 authority may permit such commissaries or sources of supply to be used in the state. [1963 c.575 §11; 1973 c.825 §21; 2009 c.595 §1026]

 

      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]

 

      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]

 

      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.

      (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. [Formerly 624.380; 2011 c.9 §81]

 

      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.

      (2) All licenses issued under ORS 624.320 expire annually on a date set by authority rule. A license is not transferable. The authority may not issue a refund representing any unused portion of a license. The authority 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; 2009 c.595 §1027]

 

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

 

ADMINISTRATION AND ENFORCEMENT OF FOOD SERVICE FACILITY LAWS

 

      624.490 License fees; exemptions. (1) The Oregon Health Authority 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 an intermittent temporary restaurant, $52.50.

      (e) For a seasonal temporary restaurant, $52.50.

      (f) For a single-event temporary restaurant, except as provided in ORS 624.106:

      (A) $36.75 for an event lasting one day; and

      (B) $52.50 for an event lasting two days or longer.

      (g) $262.50 for a commissary.

      (h) $105 for each warehouse.

      (i) $131.50 for each mobile unit.

      (j) 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) Except as provided in this subsection, to reinstate an expired license the operator must pay a reinstatement fee of $100 in addition to the license fee required under subsection (1) of this section. The reinstatement fee does not apply to the reinstatement of an expired intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant license. 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) Notwithstanding subsection (1) of this section, the Oregon Health Authority or a local public health authority as provided under ORS 624.510 may exempt or reduce the license fee for restaurants operated by benevolent organizations 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. As used in this subsection, “benevolent organization” has the meaning given that term in ORS 624.101. [2003 c.309 §4; 2009 c.595 §1028; 2011 c.664 §13]

 

      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.

      (2) A program established by the Oregon Health Authority 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 public health authority. A program must also provide for extensive monitoring and review by the Oregon Health Authority of local public health authority performance of program services under an intergovernmental agreement.

      (3) The Oregon Health Authority 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; 2007 c.123 §1; 2009 c.595 §1029]

 

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

 

      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 established under ORS 431.375, 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 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 plan submitted by the local public health authority under ORS 431.385. 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.

      (2) A local public health authority shall collect fees on behalf of the Oregon Health Authority 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 Oregon Health Authority. 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 Oregon Health Authority, the Oregon Health Authority 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 Oregon Health Authority consultation fees. If the Oregon Health Authority 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 Oregon Health Authority may order the local public health authority to reduce any fee to a level supported by the Oregon Health Authority’s analysis of the fee process.

      (3) The Oregon Health Authority, 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 Oregon Health Authority 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 Oregon Health Authority, the Oregon Health Authority 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; 2009 c.595 §1030; 2013 c.640 §10]

 

      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]

 

      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:

      (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 Oregon Health Authority an evaluation of the effectiveness of this chapter and any foodborne illness prevention program adopted by the Oregon Health Authority by rule under ORS 624.495. [1983 c.533 §8; 1985 c.519 §5; 2003 c.309 §17; 2009 c.595 §1032]

 

FOOD HANDLER TRAINING PROGRAM

 

      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.

      (b) A food handler training program offered by the Oregon Health Authority or the designated agent of the authority, or offered by a local public health authority or designated agent of the local public health authority that has been approved by the Oregon Health Authority, 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 Oregon Health Authority, 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 Oregon Health Authority shall establish and maintain food handler training programs in counties without authority delegated under ORS 624.510.

      (4) The Oregon Health Authority 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 Oregon Health Authority, 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 an intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant are not required to complete a food handler training program, but the intermittent temporary restaurant, seasonal temporary restaurant or single-event 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; 2009 c.595 §1033; 2011 c.664 §14]

 

MISCELLANEOUS

 

      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:

      (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]

 

      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:

      (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; 2009 c.595 §1034]

 

      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:

      (a) The Oregon Health Authority 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 Oregon Health Authority or a local public health authority delegated authority under an intergovernmental agreement described in ORS 624.510 from enforcing ORS 624.420 or 624.425 or rules adopted by the Oregon Health Authority pursuant to ORS 624.355. [1995 c.686 §1; 2003 c.309 §19; 2009 c.595 §1035; 2011 c.664 §15]

 

      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]

 

PENALTIES

 

      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.

      (2) Violation of any provision of ORS 624.310 to 624.430 or rules of the authority 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; 2009 c.595 §1037]

 

      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.

      (2) After public hearing, the authority 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 Oregon Health Authority 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; 2009 c.595 §1038]

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