justicedao/ipfs_state_laws huggingface dataset:
333-170-0080 Construction In Bed and Breakfast Facilities, only new and replacement walls and ceilings (or their coverings), constructed after the effective date of these rules need comply with OAR 333-150-0000 sections 6-201.11, 6-201.16 and 6-201.17 provided, however, that all walls and ceilings (and their coverings) must be in good repair and maintained in a clean and sanitary condition. Statutory/Other Authority: ORS 624.041 Statutes/Other Implemented: ORS 624.041 History: PH 15-2004, f. & cert. ef. 4-9-04 PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04 OHD 11-2002, f. & cert. ef. 8-7-02 HD 6-1988, f. & cert. ef. 4-4-88
333-170-0090 Utility Facilities Bed and Breakfast Facilities shall be exempt from the provisions of OAR 333-150-0000 sections 5-203.13 and 6-306.10 provided, however, that hot water must be available for janitorial purposes. The use of handwashing lavatories, utensil-washing or equipment-washing or food preparation sinks for this purpose is prohibited. Statutory/Other Authority: ORS 624.041 Statutes/Other Implemented: ORS 624.041 History: PH 15-2004, f. & cert. ef. 4-9-04 PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04 OHD 11-2002, f. & cert. ef. 8-7-02 HD 6-1988, f. & cert. ef. 4-4-88
333-170-0100 Food Storage Bed and Breakfast Facilities shall be exempt from the 333-150-0000 sections 6-202.111 and 6-202.112. However, no sleeping accommodations shall be allowed in any area where utensils are washed or where food is stored, prepared, or served. Statutory/Other Authority: ORS 624.041 Statutes/Other Implemented: ORS 624.041 History: PH 15-2004, f. & cert. ef. 4-9-04 PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04 OHD 11-2002, f. & cert. ef. 8-7-02 HD 6-1988, f. & cert. ef. 4-4-88
333-170-0110 Food Source All food intended for consumption by guests shall meet the Oregon Department of Agriculture requirements as being obtained from an approved source. The use of home canned foods and meat and dairy products from unapproved sources is prohibited, and the storage of such food items shall not be allowed in any area where food is prepared or served to guests. Statutory/Other Authority: ORS 624.041 Statutes/Other Implemented: ORS 624.041 History: PH 12-2012, f. 8-30-12, cert. ef. 9-4-12 HD 6-1988, f. & cert. ef. 4-4-88
333-170-0120 Laundry Facilities Bed and Breakfast Facilities shall be exempt from the provisions of OAR 333-150-0000 section 4-803.13 provided that food service laundry be laundered and stored separately from guest or resident laundry and laundry operations are separated from food preparation areas. Statutory/Other Authority: ORS 624.041 Statutes/Other Implemented: ORS 624.041 History: PH 15-2004, f. & cert. ef. 4-9-04 PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04 OHD 11-2002, f. & cert. ef. 8-7-02 HD 6-1988, f. & cert. ef. 4-4-88
333-170-0130 Toilet and Handwashing Facilities Toilet and handwashing facilities in bed and breakfast facilities shall comply with OAR 333-150-0000 of the Oregon Food Sanitation Rules except as follows: (1) Bed and breakfast facilities are exempt from OAR 333-150-0000 sections 5-203.12 and 6-402.11 provided an employee restroom can be designated during meal preparation and service, and guests' restrooms are available. New toilet facilities shall be installed according to the Oregon State Plumbing Specialty Code.Pf (2) Notwithstanding OAR 333-150-0000 section 4-501.16, handwashing facilities may be designated at a sink compartment used for dishwashing provided this sink is not being used to store or wash soiled dishes or prepare food during food preparation and service. Handwashing facilities, in the kitchen, shall be available at all times during food preparation and service. If facility operation results in handwashing facilities being unavailable, then a separate handwashing lavatory in the food preparation area shall be required.Pf (3) Handwashing signs are required to be properly posted at all sinks designated for employee handwashing. (4) Guests' restrooms not designated for food service worker use do not need to comply with Oregon Food Sanitation Rules. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 624.041 Statutes/Other Implemented: ORS 624.041 History: PH 12-2012, f. 8-30-12, cert. ef. 9-4-12 PH 15-2004, f. & cert. ef. 4-9-04 PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04 OHD 11-2002, f. & cert. ef. 8-7-02 HD 6-1988, f. & cert. ef. 4-4-88
333-175-0001 Purpose The food handler training program rules set fees and address requirements for successful completion of a food handler training program and issuance of the certificate. Additionally, these rules set out general provisions regarding food handler training programs and provide guidelines for the relationship between the Oregon Health Authority, Local Public Health Authorities and Designated Agents. Statutory/Other Authority: ORS 624.570 Statutes/Other Implemented: ORS 624.570 History: PH 21-2004, f. & cert. ef. 6-18-04
333-175-0011 Program Description — General The program is a Authority-approved food handler training program provided through mechanisms such as self-training, computer-based training, or instructor-led training. The goal of the food handler training program is to provide food handlers with a basic understanding of food safety that will assist the manager or person in charge to direct the food handler in preparing and serving food safely. A certificate of program completion confirms that the food handler met the learning objectives. Statutory/Other Authority: ORS 624.570 Statutes/Other Implemented: ORS 624.570 History: PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 PH 21-2004, f. & cert. ef. 6-18-04
333-175-0021 Definitions (1) "Approved" means approved by the Oregon Health Authority. (2) "Assessment" means to determine whether the food worker understood the concepts represented by the learning objectives. The assessment used by the program providers must be provided or approved by the Authority. (3) “Authority” means the Oregon Health Authority, Foodborne Illness Prevention Program. (4) "Certificate of Program Completion" confirms that a person has successfully completed the food handler training program. (5) "Certified Food Manager" means that a manager has successfully completed an Authority-approved food manager program. (6) "Computer-Based Training" means self-training through the use of a computer program or the Internet. (7) "Designated Agent" means an individual or organization who/that has been authorized by the Oregon Health Authority or Local Public Health Authority to provide a food handler training program and issue certificates of program completion. (8) "Food Handler" means those persons involved in the supervision or preparation or service of food in a restaurant or food service facility licensed under ORS 624.020 or 624.320. This includes, but is not limited to, managers, cooks, wait staff, dishwashers, bartenders and bus persons. (9) "Local Public Health Authority" means those counties to which the Oregon Health Authority has entered into an Intergovernmental Agreement under ORS 624.510. (10) "Program" means an Authority-approved food handler training program. (11) "Program Provider" means the Oregon Health Authority, Local Public Health Authority or a Designated Agent. (12) "Self-Training" means a training process wherein the individual learns without the presence or intervention of a trainer or instructor. (13) "Trainer" means the person actively delivering food handler training to learners. Statutory/Other Authority: ORS 624.570 Statutes/Other Implemented: ORS 624.570 History: PH 11-2011, f. & cert. ef. 10-27-11 PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11 PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 PH 21-2004, f. & cert. ef. 6-18-04
333-175-0031 Food Handler Training (1) All food handlers employed in a restaurant, bed and breakfast, mobile unit, commissary, warehouse or vending operation must obtain a certificate of program completion from the Oregon Health Authority, Local Public Health Authority or a Designated Agent within 30 days after the date of hire. A food handler must maintain a current certificate of program completion as long as they are employed as a food handler. (2) A food handler certificate of program completion expires three years after the date of issuance. When a food handler's certificate of program completion expires, the food handler must successfully complete the program and pay the appropriate fee. (3) The Oregon Health Authority and Local Public Health Authority may provide food handler training themselves, through a Designated Agent or both. (4) At least one person involved in the preparation or service of food in a temporary restaurant who has a valid certificate of program completion must be present at all times during the operation of the facility. (5) A facility listed in section (1) of this rule that is operated by a benevolent organization must have at least one person with a valid food handler certificate of program completion present at all times during the preparation and service of food. This person is responsible for supervising and educating all workers in the sanitary practices used in food service. Statutory/Other Authority: ORS 624.570 Statutes/Other Implemented: ORS 624.570 History: PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 PH 21-2004, f. & cert. ef. 6-18-04
333-175-0041 Minimum Standards for Program Providers (1) In order for the Oregon Health Authority or Local Public Health Authority to appoint a Designated Agent, the individual or organization must demonstrate that they have sufficient experience in food safety, food science or food service to be knowledgeable in all areas of the food handler training curriculum, and at a minimum are a certified food manager or registered environmental health specialist as defined by ORS 700. This staff member must be reasonably involved in the operation or administration of the training program delivery. (2) Program providers must also have: (a) The ability to provide training and an assessment; and (b) The ability to safeguard the training and assessment materials. (3) The Local Public Health Authority exercising duties pursuant to ORS 624.510 shall ensure that food handler training programs are provided within their jurisdiction. The Local Public Health Authority or Oregon Health Authority who authorized a Designated Agent is responsible for the proper program administration and delivery. Statutory/Other Authority: ORS 624.570 Statutes/Other Implemented: ORS 624.570 History: PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 PH 21-2004, f. & cert. ef. 6-18-04
333-175-0071 Requirements for Food Handler Training Program Qualifications (1) Any trainer providing food handler training must either be a Registered Environmental Health Specialist, Registered Environmental Health Specialist Trainee or have a current certificate of completion from an approved food manager training course or the equivalent as determined by the Authority. (2) Trainer requirements do not apply when food handlers are trained using self-training materials. Statutory/Other Authority: ORS 624.570 Statutes/Other Implemented: ORS 624.570 History: PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 PH 21-2004, f. & cert. ef. 6-18-04
333-175-0081 Successful Completion of Food Handler Training Program (1) In order to receive a certificate of program completion, a food handler must pass the written assessment with a minimum score of 75%. (2) If a person successfully completes a food handler training program and pays the appropriate fee, the program provider shall issue a certificate of program completion. Statutory/Other Authority: ORS 624.570 Statutes/Other Implemented: ORS 624.570 History: PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 PH 21-2004, f. & cert. ef. 6-18-04
333-175-0091 Reciprocity and Equivalency (1) A food handler certificate of program completion is valid statewide. (2) Any person who has a current certification from an Authority-approved food manager training program or is registered as an Environmental Health Specialist or Environmental Health Specialist Trainee as required in ORS Chapter 700 need not obtain a food handler certificate of program completion. (3) To be accepted in lieu of a food handler certificate of program completion, a food manager certification must be renewed every five years. Statutory/Other Authority: ORS 624.570 Statutes/Other Implemented: ORS 624.570 History: PH 12-2012, f. 8-30-12, cert. ef. 9-4-12 PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 PH 21-2004, f. & cert. ef. 6-18-04
333-175-0101 Fees (1) Program providers may charge a fee up to a maximum of $10 per person for the administration of the program and the issuance of a certificate of program completion. (2) Program providers shall not require a fee of any food handler listed in OAR 333-175-0091. (3) Program providers may charge a fee for food handler materials and deduct the cost from the food handler training and certificate of program completion as long as the total cost does not exceed $10 to each individual. (4) Notwithstanding sections (1) and (3) of this rule, program providers may assess a new program fee each time a participant takes or retakes all or part of a program or certification assessment. (5) Program providers may charge a fee not to exceed $5 for duplicate certificates of program completion. Statutory/Other Authority: ORS 624.570 Statutes/Other Implemented: ORS 624.570 History: PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 PH 21-2004, f. & cert. ef. 6-18-04
333-175-0111 General (1) Upon request by the Oregon Health Authority or a Local Public Health Authority, a licensee of a facility licensed under ORS 624.020 or 624.320 shall make available the certificate of program completion for each food handler in the licensed facility. For purposes of complying with this rule, the licensee may keep photocopies of the food handler certificates of program completion. (2) If a food handler uses their food manager training program certification in lieu of a food handler certificate of program completion, the licensee shall make available to the inspecting authority the food handler’s food manager training certification. (3) Consistent with civil rights and disability laws, all program providers will make reasonable accommodations for training workers with disabilities, including the issuing of restricted certificates of program completion, and providing culturally, developmentally, and linguistically appropriate training. (4) The Local Public Health Authority that approves a Designated Agent must provide the Oregon Health Authority with the name, address and telephone number of the individual or organization that has been approved. Such notification must be in writing and must occur before the Designated Agent can commence training and/or certification of food workers. Statutory/Other Authority: ORS 624.570 Statutes/Other Implemented: ORS 624.570 History: PH 21-2004, f. & cert. ef. 6-18-04
333-200-0000 Purpose The purpose of these rules is to establish the procedures and standards for the development and maintenance of a comprehensive statewide trauma system as set forth under ORS 431A.050 through 431A.105. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.050 - 431A.105 History: PH 236-2018, minor correction filed 08/09/2018, effective 08/09/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 HD 5-1987, f. & ef. 6-26-87 HD 17-1985(Temp), f. & ef. 9-20-85
333-200-0020 Objectives of the Trauma System The objective of the statewide trauma system is to reduce deaths and disabilities which result from traumatic injuries by: (1) Identifying the causes of traumatic injuries and recommending, promoting, and coordinating prevention activities; (2) Developing a statewide trauma system plan to assure timely, quality, definitive care through coordinated identification, transportation and treatment of trauma patients: (a) The statewide trauma system plan shall be composed of seven area plans; and (b) Each area trauma system plan shall consist of policies, procedures, and protocols which address each of the following trauma system components: (A) Communication and dispatch; (B) Responders and prehospital response times; (C) Medical direction and treatment; (D) Triage and transportation; (E) Hospital resources; (F) Inter-hospital transfers; (G) Rehabilitation; (H) Quality improvement; (I) Education and research; (J) Prevention; and (K) Disaster management. (3) Adopting the standards, policies and procedures necessary to unify area trauma system plans into a statewide trauma system; and (4) Promoting quality treatment, education, research and prevention of traumatic injuries utilizing as a model Resources for Optimal Care of the Injured Patient 2022 Standards, Revised December 2023; Verification, Review and Consultation Program, American College of Surgeons and the National Guideline for Field Triage of Injured Patients, Recommendations of the National Expert Panel on Field Triage, 2021. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.050, 431A.060, 431A.065, 431A.070 & 431A.080 History: PH 76-2024, amend filed 10/29/2024, effective 11/01/2024 PH 237-2018, minor correction filed 08/09/2018, effective 08/09/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 PH 16-2012, f. 12-20-12, cert. ef. 1-1-13 OHD 6-2001, f. & cert. ef. 4-24-01 OHD 6-2000, f. & cert. ef. 5-4-00 HD 7-1995, f. & cert. ef. 11-6-95 HD 9-1993, f. 6-22-93, cert. ef. 7-1-93 HD 5-1987, f. & ef. 6-26-87 HD 17-1985(Temp), f. & ef. 9-20-85
333-200-0030 State Trauma Advisory Board Functions (1) The STAB is established in accordance with ORS 431A.055. (2) The STAB shall: (a) Advise the Authority with respect to the development of a comprehensive emergency medical services and trauma system including meeting the objectives established in OAR 333-200-0020; (b) Advise the Authority on the adoption of rules, policies, and procedures regarding the trauma system; (c) Analyze data related to prevention of injuries, monitoring of the trauma system and recommend improvements where indicated; and (d) Suggest improvements to the emergency medical services and trauma system. (3) In satisfying its duties described in section (2) of this rule, the STAB shall: (a) Make evidence-based decisions that emphasize the standard of care attainable throughout the state and individual communities; and (b) Seek the advice and input of coordinated care organizations or other managed care organizations. (4) The Authority shall seek the advice of the STAB concerning the approval of area trauma system plans and approval of subsequent protocols for major modifications. (5) A majority of the voting members of the STAB shall constitute a quorum in order to conduct business. (6) Official action taken by the STAB requires the approval of the majority of the voting members. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.055 History: PH 254-2018, amend filed 09/25/2018, effective 09/25/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 OHD 6-2000, f. & cert. ef. 5-4-00 HD 5-1987, f. & cert. ef. 6-26-87-93, cert. ef. 71-93 HD 17-1985(Temp), f. & ef 9-20-85
333-200-0035 State Trauma Advisory Board Appointments (1) The STAB shall consist of a minimum of 18 members. At least 17 voting members shall be appointed by the director of the Authority. The chairperson of the State Emergency Medical Services Committee, or the chairperson's designee, shall be a nonvoting member. Members shall represent each of the seven ATABs. A STAB member may also be a member of an ATAB. (2) Members shall be chosen in accordance with the provisions of ORS 431A.055. (3) Voting members serve a four year term, but voting members serve at the pleasure of the director of the Authority. Members may be reappointed. (4) The STAB may recommend to the Authority that: (a) Membership be expanded to improve coordination of the trauma care system; and (b) Provider specialty positions are considered for board appointment. (5) A public member who has an economic interest in the provision of emergency medical services or trauma care may not be appointed to serve on the STAB. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.055 History: PH 254-2018, amend filed 09/25/2018, effective 09/25/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 OHD 6-2001, f. & cert. ef. 4-24-01 OHD 6-2000, f. & cert. ef. 5-4-00
333-200-0040 Trauma System Areas The Oregon Health Authority has established seven trauma system areas utilizing county lines, zip codes, township and range, and roads for the purpose of developing, implementing and monitoring the trauma system and not for the purpose of restricting patient referrals. The trauma system areas are illustrated in Exhibit 1 and are: (1) Area 1: Clackamas County; Clatsop County; Columbia County; Multnomah County; Tillamook County (except zip codes 97122, 97149 and 97368); Washington County; and Yamhill County (zip codes 97115, 97119, 97123, 97132, 97140 and 97148 only); (2) Area 2: Benton County; Lincoln County; Linn County; Polk County; Marion County; Tillamook County (zip codes 97122, 97149 and 97368 only); and Yamhill County (except zip codes 97115, 97119, 97123, 97132, 97140 and 97148); (3) Area 3: Coos County; Curry County (zip codes 97450, 97465, and 97476 only); Douglas County; and Lane County; (4) Area 5: Curry County (except zip codes 97450, 97465 and 97476); Jackson County; and Josephine County; (5) Area 6: Gilliam County; Hood River County; Sherman County; and Wasco County (except zip codes 97001, 97057 and 97761); (6) Area 7: Crook County; Deschutes County; Grant County; Harney County; Jefferson County; Klamath County; Lake County; Wasco County (zip codes 97001, 97057 and 97761 only); and Wheeler County; and (7) Area 9: Baker County, Malheur County, Morrow County; Umatilla County; Union County; and Wallowa County. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.060 History: PH 76-2024, amend filed 10/29/2024, effective 11/01/2024 PH 238-2018, minor correction filed 08/09/2018, effective 08/09/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 OHD 6-2001, f. & cert. ef. 4-24-01 OHD 6-2000, f. & cert. ef. 5-4-00 HD 7-1995, f. & cert. ef. 11-6-95 HD 9-1993, f. 6-22-93, cert. ef. 7-1-93 HD 16-1987, f. & ef. 10-9-87 HD 5-1986, f. & ef. 6-26-87 HD 17-1985(Temp), f. & ef. 9-20-85
333-200-0050 Area Trauma Advisory Board Functions (1) Area Trauma Advisory Boards (ATAB) are established in accordance with ORS 431.613; (2) Each ATAB shall: (a) Act as liaison between the providers and general public in their area and the STAB and the Authority for exchanging information about trauma system issues and developing an area-wide consensus; (b) Advise the STAB and the Authority on the adoption of rules, policies and procedures regarding area trauma system plans; (c) Recommend to the Authority an area trauma system plan which meets the standards and objectives of these rules; (d) Participate in the promotion and function of the implemented area trauma system plan by making recommendations to the Authority and the area trauma care providers; and (e) Provide an annual report to the Authority which describes a review and any recommended modifications of the area trauma system plan. Statutory/Other Authority: ORS 431A.065 Statutes/Other Implemented: ORS 431A.070 History: PH 239-2018, minor correction filed 08/09/2018, effective 08/09/2018 PH 27-2015, f. 12-8-15, cert. ef. 1-1-16 OHD 6-2000, f. & cert. ef. 5-4-00 HD 7-1995, f. & cert. ef. 11-6-95 HD 9-1993, f. 6-22-93, cert. ef. 7-1-93 HD 5-1987, f. & ef. 6-26-87 HD 17-1985(Temp), f. & ef. 9-20-85