justicedao/ipfs_state_laws huggingface dataset:
333-014-0550 Local Public Health Authority Statutory Responsibilities (1) The following are activities that Oregon law specifically requires a local public health authority to perform: (a) Accepting reports of reportable disease, disease outbreak or epidemics and investigating reportable diseases, disease outbreaks, or epidemics under ORS 433.004 and 433.006. (b) Issuing or petitioning for isolation and quarantine orders under ORS 433.121 to 433.142 as necessary to protect the public’s health. (c) Review of immunization records and issuing exclusion orders under ORS 433.267. (d) Making immunizations available under ORS 433.269. (e) Duties and activities related to enforcing the Indoor Clean Air Act under ORS 433.875, if delegated by the Authority. (f) Ensuring access to family planning and birth control services under ORS 435.205. (g) Licensure of tourist accommodations, including hostels, picnic parks, recreation parks and organizational camps under ORS 446.310 to 446.350, if delegated by the Authority. (h) Licensure of pools and spas under ORS 448.005 to 448.100, if delegated by the Authority. (i) Restaurant licensure, including commissaries, mobile units, vending machines and bed and breakfasts under ORS 624.310 to 624.430, if delegated by the Authority. (j) Regulation of public water systems under ORS 448.115 to 448.285, if delegated by the Authority. (k) Enforcement of public health laws under ORS 431.150. (l) The duties specified in ORS 431.413. (2) Nothing in this rule is intended to prohibit a local public health authority from contracting with a person to perform a public health service or activity, or to perform all public health services and activities that the local public health authority is required to perform under ORS 431.001 to 431.550 and 431.990, or under any other public health law of this state, in accordance with OAR 333-014-0560, except that the person with whom the local public health authority contracts may not perform any function, duty or power of the local public health authority related to governance, as that is described in OAR 333-014-0580. Statutory/Other Authority: ORS 431.141 Statutes/Other Implemented: ORS 431.141 - 431.145 History: PH 31-2017, adopt filed 12/22/2017, effective 01/01/2018
333-014-0560 Foundational Capabilities and Programs; Prioritization (1) To the extent that funding is available, a local public health authority should implement the local foundational capabilities and the local foundational programs described as the local roles and deliverables in the Public Health Modernization Manual, available on the Authority’s website at: http://www.oregon.gov/oha/PH/ABOUT/TASKFORCE/Documents/public_health_modernization_manual.pdf . (2) The FAA, or other agreements, will describe more specifically the duties and activities that are to be performed in order to carry out the local foundational programs and foundational capabilities. (3) The Authority will consult with PHAB, as necessary, on priorities for foundational programs in ORS 431.141 and foundational capabilities in ORS 431.131. Statutory/Other Authority: ORS 431.149 Statutes/Other Implemented: ORS 431.380 & 431.413 History: PH 31-2017, adopt filed 12/22/2017, effective 01/01/2018
333-014-0570 Local Public Health Authority Contracts or Agreements for Local Public Health Services or Activities (1) As provided in ORS 431.413(3), a local public health authority may contract with a person to perform a public health service or activity, or to perform all public health services and activities, that the local public health authority is required to perform under ORS 431.001 to 431.550 and 431.990 or under any other public health law of this state, except that the person with whom the local public health authority contracts may not perform any function, duty or power of the local public health authority related to governance. (2) A local public health authority must provide written notice to the Authority at least 75 days prior to executing a new contract or agreement with a person or public body for the provision of local public health services or activities, if the local public health authority is performing the public health service or activity pursuant to a contract or agreement with the Authority, unless the local public health authority is specifically exempted from complying with this notice provision in the contract or agreement with the Authority. Contracts, subcontracts or agreements that apply to administrative contracts or contracts that do not have a direct impact on consumers of public health services or activities are excluded from the requirements in this section. (3) Upon receipt of a notice under section (2) of this rule, the Authority may request a copy of the contract or agreement from the local public health authority for review. (4) A local public health authority contract or intergovernmental agreement to perform a public health service or activity must clearly describe the service or activity being performed, any applicable federal or state statutes or rules, or local ordinances that are applicable to the service or activity, and the manner in which the local public health authority will oversee and monitor the contractor or public body to ensure compliance with all applicable federal or state statutes or rules, local ordinances or other funding requirements as outlined in the FAA or other agreements. (5) If a local public health authority is unable, for reasons outside of its control, to provide the 75 day notice as required by section (2) of this rule, the local public health authority shall provide notice as soon as possible before or after the execution of the contract or agreement. (6) The 75 day notice required in section (2) of this rule does not to apply to a contract if the procurement activities began prior to January 1, 2018. Statutory/Other Authority: ORS 431.149 Statutes/Other Implemented: ORS 431.413 History: PH 31-2017, adopt filed 12/22/2017, effective 01/01/2018
333-014-0580 Local Public Health Authority Governance As provided in ORS 431.413(3) and ORS 190.110, a local public health authority may contract or enter into an agreement with an entity to perform public health services or activities but that entity may not perform any function, duty or power of the local public health authority related to governance. Functions, duties and powers related to governance include but are not limited to: (1) The exercise of any police power. (2) Any duty of the governing body of a local public health authority under ORS 431.415. (3) Enforcement of public health laws, including but not limited to taking an action on a license or permit as described in ORS 431.150. (4) Ensuring due process for persons with due process rights. (5) Issuing any order authorized under ORS 431A.010 or ORS chapter 433. (6) Imposing civil penalties. (7) Compelling the production of records during a disease outbreak investigation. (8) Petitioning the court for an isolation or quarantine order under ORS 433.121 to 433.142. (9) Taking any action authorized during a declared public health emergency under ORS 433.441. Statutory/Other Authority: ORS 431.149 Statutes/Other Implemented: ORS 431.413 History: PH 31-2017, adopt filed 12/22/2017, effective 01/01/2018
333-015-0025 Oregon Indoor Clean Air Act: Authority and Purpose (1) These rules are adopted pursuant to the authority granted to the Oregon Health Authority, Public Health Division, in ORS 433.835 through 433.875 and 433.990(5) concerning smoke-free places of employment and public places. (2) The purpose of the Oregon Indoor Clean Air Act is to reduce the health hazard caused to persons by inhaling smoke from tobacco products or other inhalants. Statutory/Other Authority: ORS 433.855 Statutes/Other Implemented: ORS 433.835 -433.875 & 433.990 History: PH 23-2019, amend filed 11/18/2019, effective 01/01/2020 PH 23-2017, amend filed 12/21/2017, effective 01/01/2018 PH 2-2012, f. & cert. ef. 2-1-12 PH 12-2008, f. 8-15-08, cert. ef. 1-1-09 PH 27-2004, f. & cert. ef. 8-19-04 PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04 OHD 12-2002, f. & cert. ef. 8-27-02 OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02 HD 10-1983, f. & ef. 7-1-83
333-015-0045 Oregon Indoor Clean Air Act: Ashtrays (1) Ashtrays and any receptacles intended to be used for or used for depositing cigarette or inhalant delivery system debris are prohibited within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of a public place or place of employment, and any portion of an accessibility ramp. (2) Except for those areas described in OAR 333-015-0035(7), ashtrays and any receptacles intended to be used for or used for smoking or depositing cigarette or inhalant delivery system debris are prohibited inside public places and places of employment. Statutory/Other Authority: ORS 433.855 Statutes/Other Implemented: ORS 433.835 - 433.870 History: PH 23-2019, amend filed 11/18/2019, effective 01/01/2020 PH 30-2015, f. 12-29-15, cert. ef. 1-1-16 PH 26-2014, f. & cert. ef. 10-8-14 PH 2-2012, f. & cert. ef. 2-1-12 PH 12-2008, f. 8-15-08, cert. ef. 1-1-09 PH 27-2004, f. & cert. ef. 8-19-04 PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04 OHD 12-2002, f. & cert. ef. 8-27-02 OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02 HD 10-1983, f. & ef. 7-1-83
333-015-0062 Oregon Indoor Clean Air Act: Vehicles (1) An employer may allow smoking in vehicles only when the vehicle is permanently assigned to a single employee and no other employees, clients, or members of the public are required or compelled to operate or otherwise occupy the vehicle. (2) Nothing in these rules shall prevent an employer from designating all vehicles as smokefree. Statutory/Other Authority: ORS 433.855 Statutes/Other Implemented: ORS 433.835 - 433.870 History: PH 12-2008, f. 8-15-08, cert. ef. 1-1-09
333-015-0064 Oregon Indoor Clean Air Act: Outdoor Smoking Areas (1) The owner or entity in charge of a place of business may establish an outdoor smoking, aerosolizing or vaporizing of inhalants area if that area is: (a) Not within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of any public place or place of employment, or any portion of an accessibility ramp; (b) Not, at any time, an enclosed area; and (c) In compliance with all other state, city, and county codes. (2) Nothing in these rules shall prevent an employer from increasing the amount of property where smoking, aerosolizing or vaporizing is prohibited beyond the 10-foot requirement or from designating the entire premises as smokefree. Statutory/Other Authority: ORS 433.855 Statutes/Other Implemented: ORS 433.835 - 433.870 History: PH 22-2017, amend filed 12/21/2017, effective 01/01/2018 PH 30-2015, f. 12-29-15, cert. ef. 1-1-16 PH 26-2014, f. & cert. ef. 10-8-14 PH 2-2012, f. & cert. ef. 2-1-12 PH 12-2008, f. 8-15-08, cert. ef. 1-1-09
333-015-0070 Oregon Indoor Clean Air Act: Oregon Health Authority Responsibilities (1) The Authority shall maintain a system for receiving complaints, providing educational materials, conducting site visits, and issuing notices of violation. (2) The Authority shall: (a) Upon request and satisfactory review, certify cigar bars and smoke shops in accordance with these rules; and (b) Receive, respond to, and investigate complaints of non-compliance with the Act and these rules. Statutory/Other Authority: ORS 433.855 Statutes/Other Implemented: ORS 433.835 - 433.870 History: PH 23-2019, amend filed 11/18/2019, effective 01/01/2020 PH 23-2017, amend filed 12/21/2017, effective 01/01/2018 PH 30-2015, f. 12-29-15, cert. ef. 1-1-16 PH 26-2014, f. & cert. ef. 10-8-14 PH 2-2012, f. & cert. ef. 2-1-12 PH 12-2008, f. 8-15-08, cert. ef. 1-1-09 PH 27-2004, f. & cert. ef. 8-19-04 PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04 OHD 12-2002, f. & cert. ef. 8-27-02 OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02
333-015-0080 Oregon Indoor Clean Air Act: Public Places which Oregon Health Authority, Public Health Authority Regularly Inspects If, in public places that the Authority regularly inspects and that are required to be smokefree under these rules, the Authority’s inspector, during a regular inspection, notes a possible violation of ORS 433.835 through 433.875 or these rules, the inspector shall report the violation to the Authority. Statutory/Other Authority: ORS 433.855 Statutes/Other Implemented: ORS 433.835 - 433.870 History: PH 2-2012, f. & cert. ef. 2-1-12 PH 12-2008, f. 8-15-08, cert. ef. 1-1-09 PH 27-2004, f. & cert. ef. 8-19-04 PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04 OHD 12-2002, f. & cert. ef. 8-27-02 OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02
333-015-0082 Oregon Indoor Clean Air Act: Public Places Regulated by Other State Agencies or Local Governments If, during the course of an inspection of a public place that is regulated by the State of Oregon or a local government, an inspector notes a possible violation of ORS 433.835 through 433.875 or these rules, the inspector may report the possible violation to the Authority. Statutory/Other Authority: ORS 433.855 Statutes/Other Implemented: ORS 433.835 - 433.870 History: PH 2-2012, f. & cert. ef. 2-1-12 PH 12-2008, f. 8-15-08, cert. ef. 1-1-09
333-015-0085 Oregon Indoor Clean Air Act: Penalties The Authority may impose a civil penalty of up to $500 per day for any violation of the ICAA or these rules. The civil penalty amount for common violations is imposed according to the following schedule: (1) $500 for violations of OAR 333-015-0078(1)(a) (c), (e), (f), (g), (i) and (n). (2) $300 for the first violation of OAR 333-015-0078(1)(b), (d), (h), (j), (k), (l), (m) and (o). (3) $500 for the second violation of OAR 333-015-0078(1)(a), (c), (e), (f), (g), (i) and (n). (4) $400 for the second violation of OAR 333-015-0078(1)(b), (d), (h), (j), (k), (l), (m) and (o). (5) $500 for the third and any subsequent violations of OAR 333-015-0078(1)(a) through (o). Statutory/Other Authority: ORS 433.855 Statutes/Other Implemented: ORS 433.835 - 433.870 History: PH 23-2019, amend filed 11/18/2019, effective 01/01/2020 PH 30-2015, f. 12-29-15, cert. ef. 1-1-16 PH 26-2014, f. & cert. ef. 10-8-14 PH 2-2012, f. & cert. ef. 2-1-12 PH 2-2010, f. & cert. ef. 1-14-10 PH 12-2008, f. 8-15-08, cert. ef. 1-1-09 PH 27-2004, f. & cert. ef. 8-19-04 PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04 OHD 12-2002, f. & cert. ef. 8-27-02 OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02
333-015-0090 Effective Date Text in ORMS History: PH 2-2012, f. & cert. ef. 2-1-12 PH 12-2008, f. 8-15-08, cert. ef. 1-1-09 PH 27-2004, f. & cert. ef. 8-19-04 PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04 Reverted to PH 2-2012, f. & cert. ef. 2-1-12 Sunset on 09-28-2017
333-015-0100 Oregon Menu Labeling Act: Authority and Purpose (1) These rules are adopted pursuant to the authority granted Oregon Health Authority, Public Health Division in ORS 616.575. (2) The purpose of the Oregon Menu Labeling Act is to provide consumers with basic nutrition information about prepared food sold at chain restaurants. Statutory/Other Authority: ORS 616.575 Statutes/Other Implemented: ORS 616.555 – 616.570 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 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0110 Oregon Menu Labeling Act: General Provisions (1) Each chain restaurant shall accurately ascertain and make available on site, and in written format, the typical nutrient values for each menu item and combination meal menu item, as the item is usually prepared and offered for sale on menus, menu boards and food tags, including condiments routinely added to a menu item as part of a standard recipe: (a) Total calories; (b) Total grams of saturated fat; (c) Total grams of trans fat; (d) Total grams of carbohydrates; and (e) Total milligrams of sodium. (2) OAR 333-015-0110(1) does not apply to: (a) Food products that are offered for sale for less than 90 days in a calendar year; (b) Condiments; (c) Alcoholic beverages not listed as menu items; or (d) Unopened food products sold in sealed manufacturer packaging that are not intended to be part of the menu item or combination meal menu item. Statutory/Other Authority: 2009 OL Ch. 314 Statutes/Other Implemented: 2009 OL Ch. 314 History: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0115 Oregon Menu Labeling Act: Written Formats for Nutrition Information (1) Chain restaurants must provide nutrition information in one or more of the following formats: (a) A printed menu; (b) A printed menu insert; or (c) A brochure or printed handout. (2) A copy of nutrition information shall be made available to each customer who requests it. Customers must not be required to return copies of nutrition information to the chain restaurant. (3) Nutrition information for menu items must be labeled and organized in a manner that is readable, consistent with the organization and naming conventions of menu items on menus, menu boards or food tags and must be in a font size of not less than nine point. (4) Nutrition information for menu items and food products in a combination meal menu item must be clearly labeled in a manner that is consistent with the name of the item as it is sold in the combination meal menu item. (5) Nutrition information for menu items that are also sold as a part of a combination meal menu item under a different name must be listed under both names. Statutory/Other Authority: 2009 OL Ch. 314 Statutes/Other Implemented: 2009 OL Ch. 314 History: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0120 Oregon Menu Labeling Act: Nutrition Labeling of Variable Menu Items For variable menu items, the chain restaurant shall provide required nutrition information as follows: (1) If both the highest and lowest value of the variable menu item is within 0 to 10 percent of the median value, the median value alone of the required nutrition information may be listed. (2) If both the highest and lowest value of the variable menu item is within 11 to 20 percent of the median value, the range of values of the required nutrition information must be listed. (3) If neither section (1) or (2) of this rule applies, each flavor or variety of the menu item must be listed as a separate menu item and accompanied by required nutrition information. (4) In lieu of sections (1) through (3) of this rule, each flavor or variety of a menu item may be listed as a separate menu item and accompanied by required nutrition information. Statutory/Other Authority: 2009 OL Ch. 314 Statutes/Other Implemented: 2009 OL Ch. 314 History: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0125 Oregon Menu Labeling Act: Nutrition Labeling of Combination Meal Menu Items Labeling of combination meal menu items is not required as long as typical nutrient values are provided for the individual food products or menu items that comprise the combination meal menu item. Statutory/Other Authority: 2009 OL Ch. 314 Statutes/Other Implemented: 2009 OL Ch. 314 History: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0130 Oregon Menu Labeling Act: Nutrition Information for Shared Menu Items or Shared Combination Meal Menu Items Nutrition information for menu items or combination meal menu items intended to serve multiple individuals must state the number of individuals intended to be served by the menu items or combination meal menu items and the total typical nutrient values per individual serving. Statutory/Other Authority: 2009 OL Ch. 314 Statutes/Other Implemented: 2009 OL Ch. 314 History: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0135 Oregon Menu Labeling Act: Acceptable Methods for Determining Typical Nutrient Values for Required Nutrition Information A chain restaurant must utilize one of the following methods for determining typical nutrient values for menu items and combination meal menu items: (1) Calorie and nutrient databases as that term is defined in OAR 333-015-0105; (2) Verifiable reference values as that term is defined in OAR 333-015-0105; (3) Laboratory testing as that term is defined in OAR 333-015-0105; and (4) Government standards as that term is defined in OAR 333-015-0105. Statutory/Other Authority: 2009 OL Ch. 314 Statutes/Other Implemented: 2009 OL Ch. 314 History: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0140 Oregon Menu Labeling Act: Verifiable and Accurate Information (1) A chain restaurant may not make available to customers any typical nutrient values that are substantially inaccurate or that the restaurant knows or should know to be false or misleading. (2) A chain restaurant may be found by the Oregon Public Health Division to have substantially inaccurate nutrient values if the chain restaurant failed to use one (or more) of the acceptable methods for determining nutrient values described in these rules. Statutory/Other Authority: 2009 OL Ch. 314 Statutes/Other Implemented: 2009 OL Ch. 314 History: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0145 Oregon Menu Labeling Act: Nutrition Information for Self-Service Items For menu items offered in a buffet, salad bar or other self-service area, nutrition information within a chain restaurant must specify — The typical nutrient values for an individual serving including: (1) The size of an individual serving expressed in standard weights and measures; and (2) The size of an individual serving expressed in relation to the utensil provided by the chain restaurant for serving that item or the individual servings as prepared or displayed by the chain restaurant. Statutory/Other Authority: 2009 OL Ch. 314 Statutes/Other Implemented: 2009 OL Ch. 314 History: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0150 Oregon Menu Labeling Act: Trans Fat A restaurant shall follow U.S. Food and Drug Administration (FDA) guidelines for labeling trans fat. This means that trans fat does not have be listed if the total trans fat in the food is less than 0.5 grams per labeled serving, and the chain restaurant makes no claims regarding fat, fatty acids or cholesterol content. Statutory/Other Authority: 2009 OL Ch. 314 Statutes/Other Implemented: 2009 OL Ch. 314 History: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10
333-015-0155 Oregon Menu Labeling Act: Rounding Rules Chain restaurants may round numerical values as follows, except for typical nutrient values for alcoholic beverages: (1) Total calories values: (a) For values above 50 calories, the disclosed value shall be rounded to the nearest value evenly divisible by 10. (b) For values equal to or less than 50 calories, the disclosed value shall be rounded to the nearest value evenly divisible by five. (2) Total grams of saturated fat values: (a) For values above five grams of saturated fat, the disclosed value shall be rounded to the nearest gram. (b) For values equal to or less than five grams of saturated fat, the disclosed value shall be rounded to the nearest 0.5 gram. (c) For values below 0.5 grams of saturated fat, the disclosed value shall be rounded down to zero. (3) Total grams of carbohydrates values: (a) For values equal to or greater than one gram of carbohydrate, the disclosed value shall be rounded to the nearest gram. (b) For values less than one gram of carbohydrate, the disclosed value shall be expressed as “contains less than one gram” or “less than one gram.” (c) For values below 0.5 grams of carbohydrate, the disclosed value shall be rounded down to zero. (4) Total milligrams of sodium values: (a) For values above 140 milligrams of sodium, the disclosed value shall be rounded to the nearest value evenly divisible by 10. (b) For values between 5 and 140 milligrams of sodium, the disclosed value shall be rounded to the nearest value evenly divisible by five. (c) For values below five milligrams of sodium, the disclosed value shall be rounded down to zero. Statutory/Other Authority: 2009 OL Ch. 314 Statutes/Other Implemented: 2009 OL Ch. 314 History: PH 17-2009, f. 12-29-09, cert. ef. 1-1-10