333-015-0105 Oregon Menu Labeling Act: Definitions For purposes of OAR 333-015-0100 through 333-015-0165, the following definitions shall apply: (1) "Act" means the Oregon Menu Labeling Act as it appears in 2009 Oregon Laws, chapter 314 (House Bill 2726). (2) “Alcoholic beverage” means any liquid or solid containing more than one-half of one percent alcohol by volume and capable of being consumed by a human being. (3) “Calorie and nutrient database” means a commercial computer application or a raw nutrient database that is based on United States Department of Agriculture’s (USDA) National Nutrient Database for Standard Reference. (4)(a) "Chain restaurant" means a restaurant that is located in Oregon that: (A) Is a part of an affiliation of 15 or more restaurants within the United States; (B) Sells standardized menu items that constitute 80 percent or more of the menu items served in the restaurant and at least 14 of the other affiliated restaurants; and (C) Operates under a trade name or service mark, both as defined in ORS 647.005, which is identical or substantially similar to the trade names or service marks of the affiliated restaurants. (b) “Chain restaurant” does not mean: (A) A restaurant located inside a facility that is subject to Oregon Department of Agriculture inspection under an interagency agreement described in ORS 624.530, unless the trade name or service mark for the restaurant differs from the trade name or service mark of the facility containing the restaurant; (B) A cafeteria of a public or private educational institution; (C) A health care facility as defined in ORS 422.015; or (D) A motion picture theater. (5) “Combination meal menu item” means a group of two or more food products or menu items that is offered on a menu, menu board or food tag as a distinct item for sale and that is offered for sale for more than 90 days during a calendar year and which may or may not give the consumer a choice of food items to be included in the meal. (6) “Condiment” means a sauce, seasoning or dressing including but not limited to butter, jellies or jams, ketchup, mustard, hot sauce, tartar sauce, and similar items offered for general use without charge and not a part of a standard recipe. (7) “Food product” means a discrete unit serving of a ready-to-eat food or beverage. (8)(a) “Food tag” means an informational label placed near a menu item, combination meal menu item, or food product that is identified or indicated by the label. (b) “Food tag” does not mean a menu or menu board. (9) “Government standards” means nutrient values defined by the USDA National Nutrient Database for Standard Reference. (10) “Laboratory testing” means the chemical analysis of food products to determine nutrient content. (11) “Menu” means a pictorial display or written description of menu items, combination meal menu items, or food products that does not have a fixed location and is not intended for joint viewing by multiple patrons. (12)(a) “Menu board” means a pictorial or written description of menu items, combination meal menu items, or food products that: (A) Is located where the customer places an order for a menu item; and (B) Is not a menu or a food tag. (b) “Menu board” does not mean a pictorial display used solely for the purpose of marketing. (13)(a) “Menu item” means a prepared food product that is offered on a menu, menu board or food tag as a distinct article for sale. (b) “Menu item” does not mean the following: (A) Condiments that are made available on tables or counters for general use without charge; (B) Food products that are offered for sale for less than 90 days during a calendar year; (C) Alcoholic beverages, except as provided for under OAR 333-015-0160; or (D) Food products in sealed manufacturer packaging. (14) “Restaurant” means any establishment where food or drink is prepared for consumption by the public or any establishment where the public obtains food or drink so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments that prepare food or drink in consumable form for service outside the premises where prepared, but does not include railroad dining cars, bed and breakfast facilities or temporary restaurants. (15) "Self-service item" means any menu item that restaurant customers are permitted to obtain without assistance of a restaurant employee or agent. (16) “Sealed manufacture packaging” means any food product sold in a sealed package subject to the nutrition labeling requirements for the Federal Nutrition Labeling and Education Act of 1990 (21USC 301) (21CFR101) (PL101-535) (NLEA). (17) “Serving” means the discrete amount or portion of food as determined by the chain restaurant. Serving does not have the same definition given by the USDA and cited in the NLEA. (18) “Standardized menu item” means any food product that is prepared with a standard recipe or formula within a chain restaurant, regardless of its name as a menu item. (19) “Variable menu item” means a menu item that is available in different flavors and varieties at the same price point. (20) “Verifiable reference values” means nutrient values based on the USDA National Nutrient Database for Standard Reference. 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