justicedao/ipfs_state_laws huggingface dataset:
291-061-0170 Construction of Utensils and Equipment (1) All multi-use utensils and display cases or windows, counters, shelves, tables, refrigeration equipment, sinks, drainboards, dish tables, cutting boards, and other equipment or utensils shall be easily cleanable and shall be kept in good repair. All equipment shall be installed in a manner providing ease of cleaning beneath and behind such unit. (2) Food contact utensils containing or plated with cadmium or lead shall not be used provided, however, that silver solder or solder containing less than five percent lead may be used for jointing. (3) Containers with seams which are not sealed flush with the surface shall not be reused. Single service containers or utensils shall not be reused unless such utensil is durable, easily cleanable, and in good repair. (4) Chipped, cracked, or crazed graniteware or enamelware shall not be used. (5) If wooden surfaces or utensils are used, they shall be equal in hardness to rock maple, in good repair, and kept clean. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0055 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-061-0180 Cleaning and Sanitizing Utensils and Equipment (1) Cleaning frequency: (a) Tableware shall be washed, rinsed, and sanitized after each use; (b) Kitchenware (pots, pans, and equipment) and food contact surfaces or equipment shall be washed, rinsed, and sanitized after each use; (c) All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks shall be kept clean and free of encrusted grease deposits and dust, dirt, insects, food particles, and other contaminating materials; (d) Any food contact surface of grills, griddles, and other similar cooking devices shall be cleaned after each use period, and shall be kept free of encrusted grease deposits and dust, dirt, insects, food particles, and other contaminating materials. (2) Wiping Cloths. Moist cloths or sponges used for cleaning nonfood contact surfaces of equipment counters, dining table tops, and shelves shall be kept clean and used for no other purpose. These cloths and sponges shall be stored in a sanitizing solution as specified in “Manual Cleaning of Utensils and Equipment” (OAR 291-061-0190) between uses. (3) A food service or food preparation area in which multi-use utensils are never used and which serves only prewrapped items and/or uses only single service utensils, and/or uses only machines or equipment which may be cleaned in place shall not be required to provide a compartmentalized sink or a machine dishwasher. (4) No substance, article, or chemical compound containing a highly toxic material or imparting a toxic or harmful nature to a utensil shall be used for polishing or cleaning of equipment or utensils. (5) All soaps, detergents, sanitizers, and other additives used for dishes, utensils, and food contact surfaces must have been manufactured for use on food contact surfaces and labeled as such. Sanitizers must be registered with the U.S. Environmental Protection Agency and used strictly in accordance with the registered label. (6) All cleaning materials and equipment shall be stored in an adequate storage area. Such storage shall not be permitted with or near food products. (7) Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0060 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-061-0210 Storage and Handling of Utensils and Equipment (1) After sanitizing, utensils shall be stored in a clean, dry place protected from grease, dust, dirt, insects, food particles, and other contamination and shall be handled in such a way to prevent contamination. (2) Paper cups, plates, forks, spoons, straws, and other single service containers and utensils shall be purchased in sanitary cartons and stored therein in a clean dry place until used. These articles shall be handled in a sanitary manner. Individually-wrapped straws shall be required unless a sanitary dispenser is used. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0075 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-061-0220 Floors (1) The floors of all rooms in which food or drink is stored, prepared, or served, or in which utensils are washed or stored shall be smooth, easily cleanable, and shall be kept clean and in good repair. (2) Dustless methods of floor cleaning shall be used during hours of preparing or serving food. (3) Rugs, mats and runners may not be used on floors of food preparation, storage and service areas, or dishwashing rooms unless such articles are smooth and impervious to moisture and are removed and thoroughly cleaned and dried each day. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0015 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-061-0230 Walls and Ceilings Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is prepared or stored shall be finished in a light color. The walls of all rooms in which food or drink is prepared or utensils are washed or stored and all toilet rooms shall have a smooth, washable, easily cleanable surface up to the level reached by splash or spray. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0020 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-061-0240 Doors and Windows — Vermin, Rodent and Insect Control Flies shall not be present in food preparation storage, dining or serving areas. All openings into the outer air shall be effectively screened and doors shall be self-closing unless other effective means are provided to prevent the entrance of flies, rodents, or other pests. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0025 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-061-0250 Lighting (1) All rooms in which food or drink is prepared or in which utensils are washed shall be uniformly lighted with a minimum of 30 foot candles on all work surfaces and ten foot candles at floor level. Store rooms shall be uniformly lighted with a minimum of four foot candles at floor level. (2) Lighting equipment shall be kept clean. (3) Dining rooms shall be provided with lighting fixtures capable of providing a minimum of ten foot candles of light at floor level and shall be used during cleaning operations. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0030 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-061-0260 Ventilation (1) All rooms in which food is stored, prepared, or served or in which utensils are washed shall be adequately ventilated to eliminate odors, condensation of water vapor, and the settling of grease residues. (2) Hoods shall be equipped with filters or other easily cleanable filtering devices. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0035 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-061-0270 Toilet Facilities (1) Every establishment shall be provided with toilet facilities for its food preparation or service workers. The toilet rooms shall be in or immediately adjacent to the food service or preparation area and shall provide fixtures for employees or workers in the following numbers: (a) 1–9, minimum toilets 1, minimum lavatories 1; (b) 10–24, minimum toilets 2*, minimum lavatories 1; (c) 25–49, minimum toilets 3*, minimum lavatories 2; (d) 50–74, minimum toilets 4*, minimum lavatories 2; (e) 75–100, minimum toilets 5*, minimum lavatories 3; (f) For each 30 addition or fraction thereof of employees or workers add 1* toilet and 1 lavatory. *Up to 2/3 of toilets may be urinals. NOTE: In facilities constructed prior to July 1, 1986, toilet facilities located within 500 feet of the work area may be counted in this determination if such facilities are available without assistance to workers during all work periods. (2) Where there are ten or more employees during any work shift, there must be separate restrooms provided and designated for each sex unless all employees on duty at any given time are of the same sex. (3) Every toilet room must have at least one lavatory provided with hot and cold or tempered (80–110 degrees F.) water, soap and sanitary towels or hot air blowers. (4) The doors of all toilet rooms shall be self-closing except where security measures require constant surveillance of residents or inmates. (5) Toilet rooms shall be kept clean, in good repair, well lighted, free from odors, and well ventilated. Signs requiring handwashing by employees shall be posted in all toilet rooms and by all handwashing sinks used by employees or food workers. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0040 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-061-0280 Water Supply Running water under at least 20 p.s.i. pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed. The water supply shall be continuous in quantity and from an approved community or public water supply system which is constructed, protected, operated, and maintained in conformance with ORS Chapter 448, and OAR 333 (Health Division), 333-061-0005 to 333-061-0095 and shall be in accordance with the standards of quality set forth in those rules. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0045 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-061-0290 Lavatory Facilities (1) Adequate, convenient, clean handwashing facilities for all personnel shall be provided, including hot and cold or tempered (80-120 degrees F.) running water, soap and sanitary towels in each food preparation and food service area. (2) Sanitary towel dispensers or hot air blowers shall be provided at all times. The use of common towels is prohibited. (3) Utensil washing and food preparation sinks shall not be used for handwashing, except that prerinse sinks in the dishwashing area may be used to wash hands and shall be equipped with soap and sanitary towels and posted with a handwashing sign. (4) No employee shall resume work after using the toilet room without first washing hands. (5) Handwashing must be thoroughly done before beginning work and must be repeated upon any change of tasks; handling of unwashed or raw foods; after cleaning jobs; or after coughing, sneezing, scratching or other activity that could contaminate the hands. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0050 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-061-0300 Plumbing and Disposal of Wastes (1) All liquid wastes resulting from food preparation, cleaning and rinsing utensils, floors, flush toilets, lavatories, and air conditioners shall be disposed by public sewer systems or by individual disposal system in compliance with ORS Chapter 454 and requirements of the State Department of Environmental Quality. (2) All plumbing must comply with the State Plumbing Specialty Code. It shall be so designed, installed, and maintained as to prevent contamination of: (a) The water supply through interconnections and backsiphonage from fixtures, including dishwashing and sinks; (b) The establishment’s environment, equipment, and food due to sewer leakage and blockage. (3) Steam tables, steam kettles, automatic peelers, waste grinders, aspirators, dishwashing machines, chemical injectors, hose bibs, or other devices connected to the water supply system shall be equipped with backflow prevention devices approved by the State Health Division and capable of preventing backflow to the fixture. Backflow devices shall be functional and in good repair at all times. Atmospheric vacuum breakers will be installed at least six inches above the free draining outlet or overflow rim of the fixture. Vacuum breakers serving hose bibs will be located on an elevated tower at least six inches above the highest point at which the hose will be used. Hoses or other equipment having shutoff valves will be protected by airgaps, airbreaks, pressure-type vacuum breakers, reduced pressure devices or equivalent protection. (4) Drainlines serving steam tables, ice bins, food preparation sinks, dishwashers, and any other equipment containing food, food utensils, or food contact surfaces shall be indirectly drained via airbreaks or airgaps as necessary to ensure that waste may not be drawn or forced back into the equipment. (5) All garbage and trash shall be kept in watertight, nonabsorbent, and easily washable receptacles. All receptacles for storage or garbage outside of room protected from fly and rodent entry shall be covered with close-filling lids pending removal. Removal shall be frequent and the holding area shall be kept clean. (6) All garbage receptacles shall be washed when emptied, and steamed or treated with a disinfectant, if necessary, to prevent a nuisance. (7) Equipment sufficient to prevent littering of premises with rubbish, garbage, or other refuse and wastes shall be provided and maintained. All rubbish and garbage storage containers shall be located in hard surfaced area in order to facilitate removal of spillage. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0080 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-061-0310 Refrigeration (1) All readily perishable food shall be kept at or below 45 degrees Fahrenheit except when being prepared or served. Readily perishable foods shall be placed in shallow containers under refrigeration until cooled below 45 degrees Fahrenheit. When cooled below 45 degrees Fahrenheit, they may be stored in deep containers. Food stored, handled, or otherwise cared for in non-compliance with these regulations shall not be served. Except for rapid cooling processes, all refrigerated foods shall be covered and identified by name and date. (2) Frozen foods shall be maintained in a frozen state and thawed immediately prior to preparation in a manner that minimizes microbial growth. (3) Waste water from refrigeration equipment shall be disposed of in a manner that does not create a nuisance. (4) A dependable spirit stem thermometer shall be affixed to the door or the front edge of the top shelf of each refrigerator. Refrigerators equipped with a gauge visible from the exterior shall be acceptable. Temperatures of all refrigerator units and freezers will be checked and logged twice daily. (5) All ice used shall be made on site from potable water or obtained from sources licensed and inspected by the State Department of Agriculture. Ice shall be stored and handled in such a way as to prevent contamination Water used to make ice or to wash ice shall comply with the standards required under Water Supply (OAR 291-061-0280). Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0085 CD 6-1987, f. & ef. 1-20-87 CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86
291-062-0100 Authority, Purpose and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.500 to 421.512, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to establish special alternative incarceration programs and establish department policy and procedures for the program’s operation and management in accordance with ORS 421.500 to 421.512. (3) Policy: Within the inherent limitations of resources, and the need to maintain facility security, internal order, and discipline, and the health and safety of staff, adults in custody, and the public, it is the policy of the Department of Corrections to discharge its statutory responsibilities to establish alternative incarceration programs by creating and operating programs that promote rehabilitation during incarceration and reduce the risk of continuing criminal conduct when the adult in custody is returned to the community. Statutory/Other Authority: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.500 - 421.512, 423.020, 423.030 & 423.075 History: DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021 DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021 DOC 6-2017, f. & cert. ef. 5-17-17 DOC 12-2009, f. & cert. ef. 7-13-09 DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09 DOC 5-2004, f. & cert. ef. 7-12-04 DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04
291-062-0110 Definitions (1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. For the purposes of these rules, AIC includes individuals who are in DOC’s legal custody but are temporarily outside of DOC’s physical custody for reasons that include , but are not limited to, court proceeding, medical appointments, work assignments, programs, or interstate compact. AIC also includes individuals who have been released onto STTL, Non-prison leave, or emergency leave. (2) Alternative Incarceration Program (AIP): A highly structured corrections program that includes intensive interventions, rigorous personal responsibility and accountability, and service to the community. (3) Custody Cycle: The time period during which an offender begins incarceration with the Department of Corrections and is under the supervision of community corrections until discharge from all Department of Corrections and community corrections incarceration and supervision. (4) Other Charges: Any criminal or civil accusatory instrument that alleges wrongdoing and for which a person may be imprisoned or incarcerated. (5) Nonprison Leave: A period of leave not to exceed 90 days preceding an established release date granted to AICs successfully completing the institution phase of an AIP. Nonprison leave is designed to provide AICs with transitional opportunities that promote successful reintegration into the community and is granted in accordance with ORS 137.750, 137.751, 421.508, and 421.510, and the department’s rules on Alternative Incarceration Programs (OAR 291-062). (6) Revocation Hearing: A hearing to determine whether there is probable cause to believe the adult in custody has violated one or more conditions of nonprison leave, whether there are reasons or circumstances that warrant the adult in custody be returned to the Department of Corrections, or both. (7) Term of Incarceration: The period of commitment to the legal and physical custody of the department imposed by a sentencing court in a judgment. For purposes of these administrative rules, “term of incarceration” includes pre-sentence incarceration credit granted to an AIC by the department under ORS 137.370, as well as any time an AIC spends on short-term transitional leave under ORS 421.168 or nonprison leave under ORS 421.510. Statutory/Other Authority: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075 History: DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021 DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021 DOC 6-2017, f. & cert. ef. 5-17-17 DOC 4-2012, f. & cert. ef. 3-1-12 DOC 20-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12 DOC 12-2009, f. & cert. ef. 7-13-09 DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09 DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05 DOC 5-2004, f. & cert. ef. 7-12-04 DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04
291-062-0120 General (1) The Department of Corrections has established and operates alternative incarceration programs. (a) Alternative incarceration programs may encompass intensive cognitive programming, intensive addictions treatment, or a combination of the two. (b) Each alternative incarceration program is a minimum of 270 days in duration and includes two components: a structured institution program and a period of structured nonprison leave. (c) Each alternative incarceration program requires its participants to engage in a minimum of 14 hours per day of highly structured routine, seven days per week for the duration of the program. (2) AICs are required to participate in and successfully complete transition classes offered as a condition of program graduation. The number and frequency of these classes will be determined by each facility. (3) The department in its discretion may grant nonprison leave to AICs who successfully complete the institution phase of an alternative incarceration program if: (a) The AIC’s sentencing judgment authorizes a release to post-prison supervision in accordance with ORS 421.508, 137.750, and 137.751; and (b) The AIC has identified viable self-support options in the community: or (c) The supervising community corrections agency has approved a temporary subsidy, such as treatment transition funds, that will assist the AIC with successful community transition. (d) All expenses not otherwise approved by the supervising community corrections agency must be covered by the AIC. (4) For those whose crimes were committed prior to January 1, 2009, transitional leave for alternative incarceration programs was authorized under ORS 421.128. For the purposes of these rules, the operational aspects, processes, and any subsequent violation sanctions are the same as and subject to rules referencing nonprison leave. Statutory/Other Authority: 423.030, and 423.075, 423.020, ORS 179.040 & 421.500 to 421.512 Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & and 423.075 History: DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021 DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021 DOC 6-2017, f. & cert. ef. 5-17-17 DOC 12-2009, f. & cert. ef. 7-13-09 DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09 DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05 DOC 5-2004, f. & cert. ef. 7-12-04 DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04