justicedao/ipfs_state_laws huggingface dataset:
603-024-0796 Nondairy Frozen Dessert Mix: Identity Nondairy Frozen Dessert Mix is the food, in a dry or concentrated form, used in the manufacture of a nondairy frozen dessert, which is prepared in accordance with the requirements of OAR 603-024-0795. Statutory/Other Authority: ORS 561 & 621 Statutes/Other Implemented: ORS 621.311 History: AD 8-1985, f. & ef. 9-20-85
603-024-0900 Purpose The Oregon Department of Agriculture Food Safety Program licenses and inspects all facets of Oregon’s food distribution system, except restaurants, to ensure food is safe for consumption. Education and technical assistance are vital to the prevention, correction, and abatement of food safety violations, and are preferred over regulatory action. However, regulatory action may be necessary to deter violations of food safety laws and rules, to educate persons about the consequences of such violations, and to compel compliance with food safety laws for the protection of consumers. The Department intends to initiate civil penalty actions when educational measures, technical assistance, warning letters, compliance agreements or other remedial measures fail to achieve compliance. Statutory/Other Authority: ORS 561.190 & 621.995 Statutes/Other Implemented: ORS 621.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-024-0910 Definitions As used in OAR 603-024-0920 through 603-024-0930, unless otherwise required by the context, the following terms will be construed to mean: (1) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any harassment, unreasonable delay, threat, concealment, deceit, or obstruction. (2) “Major,” with respect to violations, means an incident, or series of incidents that cause a reasonable probability that serious adverse health consequences or death will occur. (3) “Minor,” with respect to violations, means an incident, or series of incidents that are not likely to cause adverse health consequences. (4) “Moderate,” with respect to violations, means an incident, or series of incidents that may cause temporary or medically reversible adverse health consequences, or where the probability of serious adverse health consequences is remote. (5) "Repeat violation" means the recurrence of the same violation for each 24-hour period after a notice of noncompliance or assessment of civil penalty was issued within the preceding three years. It does not include a violation if the previous notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed. (6) “Same,” with respect to violations, means an identical recurrence, exact repetition, or a continuation of a previous violation. (8) "Violation" means the failure to comply with any requirement of ORS 621.056, 621.057, 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.117, 621.122, 621.124, 621.161, 621.166, 621.183, 621.198, 621.207, 621.226, 621.259, 621.335, 621.340, 621.345, 621.418, 621.445 or 621.730, or any rules, regulations or standards adopted under ORS 621.060, 621.083, 621.096, 621.224 or 621.261. Statutory/Other Authority: ORS 561.190 & 621.995 Statutes/Other Implemented: ORS 621.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-024-0930 Penalty factors; procedure (1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 621.995, the Department shall consider the following factors, which are listed in prioritized order: (a) The immediacy and extent to which the violation threatens the public health or safety. (b) Any prior violations of statutes, rules or orders pertaining to milk, dairy products or substitutes thereof. (c) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (d) The economic and financial conditions of the person incurring the penalty, including any financial gains resulting from the violation (2) Each 24-hour a violation continues after the period of time established for compliance will be considered a separate violation unless the Department finds a different period of time is more appropriate to describe the specific violation event. (3) Repeat violations of OAR 603-024-0910 will be assessed as three times the penalty amount in OAR 603-024-0910, not to exceed $10,000. (4) A civil penalty imposed under this rule will comply with ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the mailing or personal service of the notice of civil penalty. Statutory/Other Authority: ORS 561.190 & 621.995 Statutes/Other Implemented: ORS 621.995 History: DOA 2-2013, f. & cert. ef. 2-7-13
603-025-0030 Retail Food Code Retail Food Code (1) In addition to the provisions of OAR 603-025-0020 a retail food establishment shall comply with the Oregon Department of Agriculture Retail Food Code, 2023, which is incorporated herein and made part of this rule by this reference. (2) Retail Fruit and Vegetable Stands and Similar Outlets: Retail fruit and vegetable stands, and other similar unusual food sales outlets, are also subject to these retail food establishment provisions, except as follows: (a) Fruit and vegetable stands located on a farmers own property, wherein only fruits and vegetables grown by the owner are sold, and no food processing is being done, are exempt from licensing; (b) Food establishments that are exempt under OAR 603-025-0215 to 603-025-0275 (Farm Direct Marketing Rules), are exempt from licensing; (c) Other fruit and vegetable stands may be exempted from certain retail food establishment requirements where the department determines that public health principles will not be compromised. (3) New Establishment Construction or Remodeling: (a) Prior to undertaking construction of a new retail food establishment, and as a condition to obtaining a license to operate the establishment, a copy of the construction plans and specifications, together with a statement of an expected completion date, shall be submitted to the department for review and comment as to sanitation and food maintenance; (b) Prior to undertaking remodeling of an existing establishment in order to expand or add food processing or food service facilities, a copy of the construction plans and specifications, together with a statement of an expected completion date, shall be submitted to the department for review and comment as to sanitation and food maintenance. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 561, 616, 619 & SB 90 (2019) Statutes/Other Implemented: ORS 616.700 History: DOA 6-2023, amend filed 03/22/2023, effective 03/22/2023 DOA 5-2023, minor correction filed 02/16/2023, effective 02/16/2023 DOA 4-2023, amend filed 02/02/2023, effective 02/02/2023 DOA 25-2019, amend filed 12/20/2019, effective 12/20/2019 DOA 30-2012, f. 12-17-12, cert. ef. 1-1-13 DOA 6-2006, f. & cert. ef. 3-10-06 DOA 29-2002, f. 12-23-02, cert. ef. 1-1-03 AD 21-1990, f. & cert. ef. 11-27-90 AD 2-1987, f. & ef. 1-30-87
603-025-0080 Foods Subject to Pull Date Labeling Unless otherwise provided, the following perishable foods shall be open date labeled with the pull date: (1) Processed or cured meat and meat products including wieners, bologna, luncheon meat, liver sausage, salami, braunschweiger, hams and ham products, and bacon (tuck or vacuum packed). (2) Fluid milk and cream products for which a standard of identity has been established under ORS Chapter 621, cottage cheeses, yogurts, cheeses with a moisture content of more than 50 percent, sour creams, and party dips. (3) Bakery products as defined in subsection (2) of ORS 625.010, pastries, cookies, or crackers having a moisture content of 16 percent or more. (4) Eggs in shell. (5) Vegetable, macaroni, or potato salads that use mayonnaise or other acidic dressing as an ingredient or dressing, puddings, sandwiches, and other ready-to-eat products. (6) Fowl, including chickens, fryers, turkeys, ducks, geese, and other domesticated birds. (7) Fresh or raw packaged meat products, whether whole, ground, chopped or fabricated. (8) Fresh sausage products. (9) Fresh seafood products. (10) Fresh fish products (not breaded or precooked). Statutory/Other Authority: ORS 561 & 616 Statutes/Other Implemented: ORS 616.835 History: AD 7-1987, f. & ef. 1-30-87 AD 6-1984, f. & cert. ef. 4-17-84, Renumbered from 603-023-0555 AD 27-1977, f. & cert. ef. 11-30-77 AD 1058(4-75), f. 4-21-75, cert. ef. 5-11-75 AD 1045(35-74)(Temp), f. & cert. ef. 9-16-74 thru 1-13-75 AD 1013(3-74), f. 1-18-74, cert. ef. 7-1-74
603-025-0090 Foods Exempt from Labeling The following foods shall be exempt from the open date labeling requirements: (1) Candies, nuts, non-alcoholic beverages (soft drinks), and other fruit juices. (2) Sterile dairy products; processed or natural cheddar cheese or other hard cheese varieties; margarine; butter and whipped butter. (3) Pastries, cookies, and crackers having less than 16 percent moisture content; bread sticks; croutons; melba toast; stuffing mixes and other dry bakery products; bakery products otherwise required to be open date labeled which are sold or offered for sale at the same location where prepared or baked (in-store bakeries) and not commingled or displayed with bakery products required to be open date labeled. Statutory/Other Authority: ORS 561.190 & 616.835 Statutes/Other Implemented: ORS 616.835 History: AD 2-1987, f. & ef. 1-30-87 AD 1013(3-74), f. 1-18-74, cert. ef. 7-1-74, Renumbered from 603-023-0570
603-025-0100 Form of Labeling (1) The required open date shall be affixed, stamped, or imprinted on each retail package and on all closed shipping containers with the name of the month either by number (1 through 12) or three-letter abbreviation (January through December), followed by the numerical (1 through 31) day of said month. The year need not be stated except on foods having a projected shelf life of six months or more. In the event the month is designated numerically, it shall be separated from the day of the month by a space, a dash, or asterisk. (2) In lieu of the requirements of section (1) of this rule, bakery products, fresh or raw meat products, fresh seafood products, and fresh fish products with a shelf life of seven days or less may be labeled with a two digit numerical (1 through 31) day of the then current month. Statutory/Other Authority: ORS 561.190 & 616.835 Statutes/Other Implemented: ORS 616.835 History: AD 2-1987, f. & ef. 1-30-87 AD 6-1984, f. & cert. ef. 4-17-84, Renumbered from 603-023-0575 AD 1013(3-74), f. 1-18-74, cert. ef. 7-1-74
603-025-0110 Labeling Placement (1) The open date shall be affixed, stamped, or imprinted in a size, manner, and style clearly and easily legible and visible to the consumer. (2) The open date shall not overlay other labeling matter or be of such a color as to be difficult to distinguish from such other labeling matter. Statutory/Other Authority: ORS 561.190 & 616.835 Statutes/Other Implemented: ORS 616.835 History: AD 2-1987, f. & ef. 1-30-87 AD 1013(3-74), f. 1-18-74, cert. ef. 7-1-74, Renumbered from 603-023-0580
603-025-0120 Identification After Pull Date Expiration Food required to be labeled with a pull date, and after the expiration of such pull date is found to be fit for human consumption, may be sold or offered for sale at retail if: (1) It is segregated from like foods with unexpired pull dates, either by sorting and separating in the same retail display shelf or cabinet from like foods with unexpired pull dates, or by removal to a separate retail display shelf or cabinet. (2) Each individual package is labeled or a conspicuous and visible placard is posted immediately adjacent to any display of such food, stating that the pull date of such food has expired. Any label or placard so utilized shall be in legible, boldface type in distinct contrast to the label or placard color. Statutory/Other Authority: ORS 561.190 & 616.835 Statutes/Other Implemented: ORS 616.835 History: AD 2-1987, f. & ef. 1-30-87 AD 1013(3-74), f. 1-18-74, cert. ef. 7-1-74, Renumbered from 603-023-0585
603-025-0130 Label Pull Date Information Upon the request of the department, a person required to label a perishable food with a pull date shall obtain from the food manufacturer, processor or packager recommending the pull date, data from recognized scientific sources substantiating the establishment and use of the recommended date. Statutory/Other Authority: ORS 561 & 616 Statutes/Other Implemented: ORS 616.835 History: AD 2-1987, f. & ef. 1-30-87 AD 6-1984, f. & cert. ef. 4-17-84, Renumbered from 603-023-0590
603-025-0140 Food Storage Warehouses In addition to the provisions of OAR 603-025-0020, a food storage warehouse shall comply with the following: (1) Cold Storage: Each cold storage room in a food storage warehouse shall be equipped with an accurate and easily visible thermometer with the sensing element at least five feet above the floor. (2) Morgue: The operator of a food storage warehouse shall provide an area for the accumulation and holding of all damaged foods or foods which are or may be unwholesome. The operator shall maintain a program of timely and proper disposal of damaged or unwholesome foods to prevent development of insanitary conditions or vermin breeding places and rodent harborage. Statutory/Other Authority: ORS 561 & 616 Statutes/Other Implemented: ORS 616.700 History: AD 2-1987, f. & ef. 1-30-87
603-025-0152 Certification Fees (1) Certification Fees. The Department may fix, access, and collect, or cause to be collected, fees on food processors for the certification of qualified equipment and machinery. The fees must be in an amount reasonably necessary to cover the costs of the certification and of administration of the certification program. These fees must be paid prior to the Department’s submittal of the firm’s exemption forms to the Oregon Department of Revenue. (2) The following fees and charges are established for the administration and certification of machinery and equipment. The fees may be charged and assessed regardless if machinery and equipment is qualified for the exemption. The scale of fees may vary according to the location of the qualified machinery and equipment. (3) The cost of such services may include: (a) A charge of service at the rate of $95 per hour; (b) Travel time at the rate of $95 per hour; (c) Mileage, lodging, and per diem reimbursed rates established by the Department of Administrative Services (DAS); and (d) Application fees for the certification of Machinery and Equipment of $100 for each request for certification received by the Department. Statutory/Other Authority: ORS 561, 307.453, 307.455, 307.457, 307.459 & 2015 HR 3125 & 78th Or. Legis. Assemb. Statutes/Other Implemented: ORS 307.459 & 616.700 History: DOA 2-2016, f. & cert. ef. 2-9-16
603-025-0160 Package Labeling Requirements The label of any food that has been salvaged, as defined in subsection (16) of ORS 616.250, shall comply with the following: (1) The term “salvaged” shall appear on the principal display panel in the case of any food packaged in a firm (box, carton, or can) container, and either on the principal display panel or upon a firmly attached tag in the case of any food packaged in a soft (bag or sack) container. The labeling requirements shall only apply to the individual immediate container in which the food is packaged for retail or institutional sale, and shall only apply to the food containers actually requiring salvage activities. The term “salvaged” shall be conspicuous and of easily legible bold face print or type in distinct contrast to other matter on the label. (2) In the event the salvager is other than an agent for the original manufacturer, packer, or distributor, the name and business address of the salvager shall appear in the manner and location prescribed in section (1) of this rule and shall include the city, state, and zip code. Statutory/Other Authority: ORS 561.190, 616.230 & 616.700 Statutes/Other Implemented: ORS 616.230 & 616.700 History: AD 7-1987, f. & ef. 1-30-87 AD 1053(42-74), f. 12-20-74, cert. ef. 1-11-75, Renumbered from 603-023-0180
603-025-0170 Bulk Placard Requirements If in bulk display form for wholesale or retail sale (rather than packaged form) any food that has been salvaged, as defined in subsection (16) of ORS 616.250, shall be conspicuously and prominently displayed immediately adjacent to such bulk display. Such placard shall be of easily legible bold face print or type, of such color contrast that it may be easily read, and shall contain the statements required by OAR 603-025-0180. Statutory/Other Authority: ORS 561.190, 616.230 & 616.700 Statutes/Other Implemented: ORS 616.230 & 616.700 History: AD 2-1987, f. & ef. 1-30-87 AD 1053(42-74), f. 12-20-74, cert. ef. 1-11-75, Renumbered from 603-023-0185
603-025-0180 Responsibility The responsibility for the salvage labeling required by OAR 603-025-0180 or 603-025-0170 shall be: (1) If in bulk display form, the person selling or offering to sell such food at wholesale or retail. (2) If salvaged within the State of Oregon, the person selling or offering to sell at retail or for institutional use. (3) If salvaged outside of the State of Oregon, the first person selling or offering to sell such food at wholesale or retail within the State of Oregon. Statutory/Other Authority: ORS 561.190, 616.230 & 616.700 Statutes/Other Implemented: ORS 616.230 & 616.700 History: DOA 29-2002, f. 12-23-02, cert. ef. 1-1-03 AD 2-1987, f. & cert. ef. 1-30-87, Renumbered from 603-023-0190 AD 1053(42-74), f. 12-20-74, cert. ef. 1-11-75
603-025-0190 Standards of Identity, Additives, Pesticide Tolerances, Food Labeling, Good Manufacturing Practice, Low Acid Canned Foods, and Acidified Foods The federal rules governing food identity, food color additives, food additives, and labeling of or in food adopted by the Food and Drug Administration of the U.S. Department of Health and Human Services, are hereby adopted as the rules governing this subject matter in Oregon. The Good Manufacturing Practices, Fish and Fishery Products, Low Acid Canned Foods, Acidified Foods and other federal programs contained in the Code of Federal Regulations as specified below are also adopted. The federal rules adopted by the U.S. Environmental Protection Agency and Food and Drug Administration specifying pesticide tolerances are also adopted. The adopted federal programs and standards are those set forth in the 2017 version, Title 21, Chapter 1, Parts 1, 7, 70, 73, 74, 81, 82, 100 through 111, 113 through 199, and the 2014 version, Title 40, Chapter 1, Part 180 (Subparts A, C, D, and E), of the Code of Federal Regulations. Statutory/Other Authority: ORS 561.190 & 616.230 Statutes/Other Implemented: ORS 561.190 & 616.230 History: DOA 12-2015, f. & cert. ef. 12-2-15 DOA 28-2018, amend filed 12/05/2018, effective 12/05/2018 DOA 9-2013, f. & cert. ef. 9-4-13 DOA 6-2006, f. & cert. ef. 3-10-06 DOA 29-2002, f. 12-23-02, cert. ef. 1-1-03 DOA 4-2000, f. & cert. ef. 1-18-00 DOA 13-1999, f. & cert. ef. 6-15-99 AD 17-1997, f. & cert. ef. 10-23-97 AD 17-1993, f. & cert. ef. 11-26-93 AD 2-1987, f. & ef. 1-30-87
603-025-0200 Establishments Utilizing Domestic Kitchen Facilities (1) In addition to the provisions of OAR 603-025-0020, a food establishment that is part of a domestic kitchen shall comply with the provisions of section (2) of this rule. (2)(a) All doors or openings from the domestic kitchen to other rooms of the building or structure, if applicable, shall be kept closed during the processing, preparing, packaging, or handling of commercial foods; (b) No person other than the operator, or an employee, shall directly engage in the processing, preparing, packaging, or handling of commercial foods and no other person shall be allowed in the domestic kitchen during such periods of operation; (c) If there are pets in the residential dwelling the food label must include a statement that: (A) Pets were present in the residential dwelling; (B) Is prominently displayed and not be obscured, hidden, or detracted by logos or artwork; (C) Includes the species using the common or usual name of the pet. Examples include, but are not limited to: cat, dog, or rabbit; and (D) Is a font size must be at least equal to the average size used on the label or a minimum height of 1/16” of a lower case “o”. (d) No processing, preparing, packaging, or handling of commercial foods shall be carried on in a domestic kitchen while pets are present or while other domestic activities are being carried on in such domestic kitchen, including, but not limited to; (A) Family meal preparation, serving, dishwashing, or eating; (B) Clothes washing or ironing; (C) Cleaning of floors, walls, cabinets or appliances; or (D) Entertaining guests. (e) The physical facilities of a licensed domestic kitchen must include: (A) Closed storage space for ingredients, finished product containers, and labels for commercial foods separate from those for domestic use; (B) Refrigerated facilities for storage of perishable products or ingredients utilized in the processing, preparing, or handling of commercial foods separate from those for domestic use; and (C) A storage area for household cleaning materials and other chemicals or toxic substances that is separate from foods. (f) Medical supplies or equipment must not be in the domestic kitchen; (g) All domestic kitchens must be available for inspection by the Department between the week-day hours of 8 a.m. to 5 p.m., and the Department may, if it deems it advisable or necessary, inspect such premises on weekends or holidays or other times commercial foods are being processed, prepared, packaged, or handled. Statutory/Other Authority: ORS 561 & 616 Statutes/Other Implemented: ORS 616.700 & 616.723 History: DOA 4-2024, amend filed 04/18/2024, effective 04/18/2024 AD 2-1987, f. & ef. 1-30-87 AD 978(11-72), f. 8-28-72, cert. ef. 9-15-72, Renumbered from 603-023-0396
603-025-0215 Purpose OAR 603-025-0215 through 603-025-0275 recognize farm direct marketing, including consignment between farm direct marketers, as a modern and accepted method of producing and selling food products, and of maintaining the integrity of food safety principles as required by state and federal laws. The legislative mandates in ORS 616.680 through 616.686 are accomplished by exempting from licensure and inspection only those that raise their own products, that limit their food processing activities to only those identified by the Legislature as permissible without a license, and that sell to a consumer a limited amount of products produced without a license and regulatory oversight. Statutory/Other Authority: ORS 561.190 & ORS 616.686 Statutes/Other Implemented: ORS 616.683 History: DOA 43-2023, amend filed 11/29/2023, effective 11/29/2023 DOA 14-2012, f. & cert. ef. 6-1-12