justicedao/ipfs_state_laws huggingface dataset:
333-125-0170 Physical Protection in Transit: Applicability of Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material During Transit The shipping licensee shall be responsible for meeting the requirements of OAR 333-125-0165 through 333-125-0190 unless the receiving licensee has agreed in writing to arrange for the in-transit physical protection required under OAR 333-125-0165 through 333-125-0190. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0175 Physical Protection in Transit: Preplanning and Coordination of Shipment of Category 1 or Category 2 Quantities of Radioactive Material (1) Each licensee that plans to transport, or deliver to a carrier for transport, licensed material that is a category 1 quantity of radioactive material outside the confines of the licensee’s facility or other place of use or storage shall: (a) Preplan and coordinate shipment arrival and departure times with the receiving licensee; (b) Preplan and coordinate shipment information with the Governor or the Governor’s designee of any state through which the shipment will pass to: (A) Discuss the state’s intention to provide law enforcement escorts; and (B) Identify safe havens; and (C) Document the preplanning and coordination activities. (2) Each licensee that plans to transport, or deliver to a carrier for transport, licensed material that is a category 2 quantity of radioactive material outside the confines of the licensee’s facility or other place of use or storage shall coordinate the shipment no-later-than arrival time and the expected shipment arrival with the receiving licensee. The licensee shall document the coordination activities. (3) Each licensee who receives a shipment of a category 2 quantity of radioactive material shall confirm receipt of the shipment with the originator. If the shipment has not arrived by the no-later-than arrival time, the receiving licensee shall notify the originator. (4) Each licensee, who transports or plans to transport a shipment of a category 2 quantity of radioactive material, and determines that the shipment will arrive after the no-later-than arrival time provided pursuant to section (2) of this rule, shall promptly notify the receiving licensee of the new no-later-than arrival time. (5) The licensee shall retain a copy of the documentation for preplanning and coordination and any revision thereof, as a record for three years. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0195 Physical Protection in Transit: Form of Records Each record required by this rule must be legible throughout the retention period. The record may be the original or a reproduced copy or a microform, provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, and specifications must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-125-0200 Physical Protection in Transit: Record Retention Licensees shall maintain the records that are required by the regulations in this division for the period specified by the appropriate regulation. If a retention period is not otherwise specified, these records must be retained until the Authority terminates the facility's license. All records related to this division may be destroyed upon the Authority terminating the facility’s license. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.635 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-157-0000 Inspection Form Procedures (1) The Local Public Health Authority shall document violations observed during any sanitation inspection by including the following information on the form approved by the Authority: (a) The number of the related item on the inspection form; (b) The point value associated with the item including penalty additions; (c) Oregon Administrative Rule or Oregon Revised Statute number violated; and (d) A brief statement of the specific problem and required corrections. (2) Calculation of Points: (a) Three point priority foundation items shall be given an additional three point weight when a repeat violation is observed. (b) Five point priority items shall be given an additional five point weight when a repeat violation is observed. (c) Additional points shall accumulate and be added to the value of uncorrected items that are repeat violations. (d) Each three point priority foundation item can accumulate to six points. (e) Each five point priority item can accumulate to 10 points. (3) Violations creating a potential danger to public health shall be recorded as in section (1) of this rule and shall specify: (a) Any alternative procedure as may be approved, the time limit for its use, and that the alternative procedure must be implemented immediately; and (b) The corrections to be made and the time limit by which the corrections shall be made. In the case where an alternative procedure has not been approved, the time limit by which the correction must be made shall be within but not to exceed 14 days. (4) Violations creating an imminent or present danger to public health shall be recorded as required in sections (1) and (3) of this rule except when no alternative procedure is approved, the correction shall be required immediately. (5) If a restaurant obtains a sanitation score of less than 70 upon an unannounced complete inspection, the operator or person in charge shall be notified by a statement on the inspection form that the restaurant shall be closed, if the score of another complete inspection conducted within 30 days is not 70 or above. (6) Violations creating a significantly increased risk for food borne illness shall require a recheck inspection if found on consecutive complete inspections, and for the purposes of enforcement shall be considered uncorrected. (7) If a restaurant is ordered closed, the closure order as designated by the Authority shall be attached to the inspection form and delivered to the operator or person in charge. Statutory/Other Authority: ORS 624.100 Statutes/Other Implemented: ORS 624.100 – 624.130 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 HD 19-1994, f. & cert. ef. 7-1-94 HD 20-1986, f. 12-22-86, ef. 2-2-87
333-157-0010 Approved Alternative Procedures (1) An alternative procedure may be approved on a temporary basis for a designated time period, if in the judgment of the environmental health specialist the procedure provides interim health and safety protection equal to that provided by the rule. The environmental health specialist may extend the designated time period if justified by unforeseen circumstances. Such an alternative procedure shall not authorize or condone any priority item or priority foundation item violation. (2) All alternative procedures that have been approved shall be implemented immediately. Statutory/Other Authority: ORS 624.100 Statutes/Other Implemented: ORS 624.100 – 624.130 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 HD 20-1986, f. 12-22-86, ef. 2-2-87
333-157-0020 Public Notice of Restaurant Sanitation (1) The notice of restaurant sanitation shall be based upon the sanitation score calculated on the inspection form at the end of each unannounced complete inspection and shall be posted at a customary entrance to the establishment. If, upon recheck inspection, any priority item or priority foundation item violation listed on the inspection form is not corrected within the designated time limit, the notice of restaurant sanitation posted at the end of the unannounced complete inspection shall be removed, the notice of closure posted, and closure action taken. (2) A notice of restaurant sanitation that states that the establishment "Complied with the Acceptable Sanitation Standards" shall be assigned to a restaurant that obtains a sanitation score of 70 or more in an unannounced complete inspection provided all priority item and priority foundation item violations have been corrected or remedied by approved alternative procedures. Upon recheck inspection, any uncorrected priority item or priority foundation item violations shall cause the notice of restaurant sanitation to be removed, the notice of closure to be posted, and closure action taken. (3) A notice of restaurant sanitation that states that the establishment "Failed to Comply with the Acceptable Sanitation Standards" shall be assigned to a restaurant that obtains a sanitation score of less than 70 in an unannounced complete inspection provided all priority item and priority foundation item violations have been corrected or remedied by approved alternative procedures. Such a notice of restaurant sanitation shall remain until the facility is closed or until a sanitation score of 70 or more is obtained upon another inspection conducted within 30 days. Statutory/Other Authority: ORS 624.073 Statutes/Other Implemented: ORS 624.085 History: PH 12-2012, f. 8-30-12, cert. ef. 9-4-12 HD 19-1988, f. 7-27-88, cert. ef. 10-1-88 HD 20-1986, f. 12-22-86, ef. 2-2-87
333-157-0025 Communication and Compliance Protocols Communication and compliance protocols will be provided by the Assistant Director to operators of non-complying food service facilities. This communication will convey current and potential compliance actions, and will include the appropriate use of correspondence, meetings, and officials notices. Statutory/Other Authority: ORS 624.041 Statutes/Other Implemented: ORS 624.041 History: HD 19-1994, f. & cert. ef. 7-1-94
333-157-0027 Increased Inspection Schedule (1) Any restaurant that fails to obtain a minimum acceptable sanitation score of 70 or more for two consecutive, unannounced semi-annual inspections shall be subject to an increased inspection schedule. (2) Except as provided in section (4) of this rule, this schedule will consist of one complete unannounced inspection a quarter (three month period) as well as any re-check inspections required. This inspection schedule shall begin in the quarter immediately following the second consecutive score of less than 70. (3) The increased inspection schedule will revert to semi-annual inspections after the facility has obtained four (4) consecutive scores of 70 or above. (4) At the Assistant Director's option, one of the four required inspections may be an inspection using Hazard Analysis and Critical Control Point (HACCP) principles, as defined in these rules. HACCP based inspections may be announced. Participation by a restaurant in a HACCP-based inspection shall be the equivalent of a score of 70 or above for the purposes of this rule. (5) The inspecting agency may assess a fee for each quarterly inspection required under this rule of up to one-half of the annual licensing fee otherwise assessable to the restaurant. Statutory/Other Authority: ORS 624.100 Statutes/Other Implemented: ORS 624.100 – 624.130 History: PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 HD 14-1995, f. 12-28-95, cert. ef. 1-1-96
333-157-0040 Display of Public Notice of Restaurant Sanitation It shall be unlawful for any restaurant to display a Public Notice of Restaurant Sanitation other than the one awarded by the administrator. It shall be unlawful for anyone except the administrator to post, change, remove, or deface a Public Notice of Restaurant Sanitation. Statutory/Other Authority: ORS 624.060 & 624.073 Statutes/Other Implemented: ORS 624.060 & 624.073 History: PH 12-2012, f. 8-30-12, cert. ef. 9-4-12 HD 20-1986, f. 12-22-86, ef. 2-2-87
333-157-0045 Civil Penalties (1) The Authority or a Local Public Health Authority may impose civil penalties on any person for the following willful violations: (a) Operation of a restaurant, bed and breakfast facility or vending machine without a current license to do so from the Authority or the Local Public Health Authority; (b) Failure to cease operation of a restaurant, bed and breakfast facility or vending machine that has been closed due to uncorrected priority item violations. This authority shall be limited to those priority item violations identified as creating an imminent or present danger to public health and defined in OAR 333-150-0000 Section 1-201.10. (2) For the purposes of section (1) of this rule, the term 'willful' means intentional or deliberate. (3) The maximum civil penalty for each of the violations listed in section (1) of this rule is $500 per day of violation. (4) Civil penalties shall be imposed in the manner provided by ORS Chapter 183 or the equivalent. Statutory/Other Authority: ORS 624.100 Statutes/Other Implemented: ORS 624.100 – 624.130 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 15-2004, f. & cert. ef. 4-9-04 PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04 OHD 18-2002, f. 12-4-02, cert. ef. 1-1-03 HD 15-1995, f. 12-28-95, cert. ef. 1-1-96
333-157-0070 Licensing Any license issued by the Authority pursuant to ORS Chapter 624 shall expire and may be reinstated on December 31 of each year; except for temporary restaurant licenses issued pursuant to ORS 624.082, 624.084 and 624.086. Statutory/Other Authority: ORS 624.100 Statutes/Other Implemented: ORS 624.100 – 624.130 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 HD 20-1986, f. 12-22-86, ef. 2-2-87
333-157-0073 Temporary Restaurant Definitions (1) “Intermittent temporary restaurant” means an establishment: (a) That operates temporarily at a specific location in connection with multiple public gatherings, entertainment events, food product promotions or other events, at least two of which are arranged for by different oversight organizations; and (b) Where food is prepared or served for consumption by the public. (2) “Operational review” means the examination of a plan of operation for an establishment in order to ensure that the proposed operation conforms with applicable sanitation standards. (3) “Oversight organization” means an entity responsible for organizing, managing or otherwise arranging for a public gathering, entertainment event, food product promotion or other event, including but not limited to ensuring the availability of water, sewer and sanitation services. (4) “Seasonal temporary restaurant” means an establishment: (a) That operates at a specific location in connection with multiple public gatherings, entertainment events, food product promotions or other events that are arranged for by the same oversight organization; and (b) Where food is prepared or served for consumption by the public. (5) “Single-event temporary restaurant” means an establishment: (a) That operates in connection with a single public gathering, entertainment event, food product promotion or other event; and (b) Where food is prepared or served for consumption by the public. (6) “Substantial menu alteration” means a change of menu that increases the complexity of the menu of a seasonal temporary restaurant and intermittent temporary restaurant operation. For purposes of these rules, an increase in complexity occurs when the menu moves from: (a) Service of ready-to-eat foods that requires no further preparation or cooking; to (b) Foods that are prepared or cooked on-site and served directly to the consumer that day; to (c) Foods that must be prepared in the operation in advance and reheated or cooled over the course of multiple days of operation. Statutory/Other Authority: ORS 624.041 Statutes/Other Implemented: ORS 624.038, 624.041, 624.082 & 624.084 History: PH 3-2012, f. 2-29-12, cert. ef. 3-1-12
333-157-0080 Fees (1) Fees for eating and drinking establishments and other food service activities subject to ORS Chapter 624 shall be as specified in ORS Chapter 624. (2) Any restaurant providing food or beverage solely to children, elderly persons, indigent or other needy populations shall not be required to pay a restaurant license fee to the Authority if such restaurant is: (a) Operated by a benevolent organization as defined in ORS 624.101; and (b) The patrons or recipients are not required to pay the full cost of the food or beverage. (3) A restaurant that meets the criteria in section (2) of this rule must still obtain a restaurant license and must comply with OAR 333-150-0000. Statutory/Other Authority: ORS 624.100 Statutes/Other Implemented: ORS 624.100 – 624.130 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 HD 20-1986, f. 12-22-87, ef. 2-2-87
333-158-0000 Licensing and Inspections The licensing of combination facilities shall be the responsibility of either the Authority or the Oregon Department of Agriculture in accordance with the following criteria: (1) The establishments subject to these rules are those combination facilities as defined in OAR 333-150-0000 1-201.10(B). (2) A determination shall be made for each firm covered in OAR 333-150-0000 1-201.10(B) as to which agency shall inspect and license. The determination shall be based upon which agency has statutory responsibility and authority for the predominant activities of the firm. (3) In those instances where it is determined that either a full or limited service restaurant or other activity for which the Authority has authority, is predominant, the Authority shall perform the inspectional and licensing responsibilities to the exclusion of the Oregon Department of Agriculture. (4) In those instances where it is determined that the bakery, retail grocery, food processing or other activities for which the Oregon Department of Agriculture has authority, is predominant, the Oregon Department of Agriculture shall perform the inspectional and licensing responsibilities to the exclusion of the Authority. (5) The determination of the predominant activity at any combination facility subject to this agreement shall be made first by the field environmental health specialists. If agreement is not reached, then it shall be referred to program supervisors of the Local Public Health Authority and the Oregon Department of Agriculture for a determination of predominant activity. If an agreement is not reached among the Local Public Health Authority and the Oregon Department of Agriculture, or if a licensed facility disagrees with the determination, the matter may be appealed to an arbitration panel composed of the administrator of the Food and Dairy Division (or appointee), the administrator of the Center for Health Protection (or appointee), and one representative each from the Conference of Local Health Officials, an association representing the restaurant industry and an association representing the retail grocery industry. The decision of this panel shall be final except as provided in section (6) of this rule. (6) Any licensee wishing to contest the determination of predominance by agencies may produce records of gross annual sales to support the protest and be heard by the Local Public Health Authority in accordance with ORS Chapter 183. (7) Notwithstanding sections (2) through (6) of this rule, if the Local Public Health Authority and the Oregon Department of Agriculture agree that the complexity rather than the predominance of food processing activities should determine the regulating agency, inspectional and licensing responsibilities may be transferred to the Oregon Department of Agriculture to the exclusion of the Local Public Health Authority. Statutory/Other Authority: ORS 624.530 Statutes/Other Implemented: ORS 624.530 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 HD 20-1986, f. 12-22-86, ef. 2-2-87
333-158-0010 Applicability of Rules (1) Any facility licensed and inspected by the Authority, pursuant to OAR 333-158-0000 through 333-158-0030, shall be subject to the applicable rules under OAR chapter 333 of the Authority for all activities subject to ORS Chapter 624. The facility shall also be subject to the applicable statutes and rules under ORS 616 and 625, and OAR 603-021-0010, 603-021-0015, 603-021-0021, 603-021-0022, 603-021-0025, 603-021-0612, 603-025-0010 through 603-025-0040, 603-025-0080 through 603-025-0190 and 603-025-0220 of the Oregon Department of Agriculture, which are hereby adopted by reference. (2) Any facility licensed and inspected by the Oregon Department of Agriculture, pursuant to OAR 333-158-0000 through 333-158-0030, shall be subject to the applicable rules under OAR chapter 603 of the Oregon Department of Agriculture for all activities subject to statutes administered by the Oregon Department of Agriculture and ORS Chapter 624. Statutory/Other Authority: ORS 624.530 Statutes/Other Implemented: ORS 624.530 History: PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 HD 2-1997, f. & cert. ef. 1-23-97 HD 20-1986, f. 12-22-86, ef. 2-2-87
333-158-0020 Licenses and Permits Licenses and permits issued pursuant to these rules shall be subject to the statutes of the licensing and inspecting agency, including fees and legal remedies, and shall be deemed to satisfy the licensing statutes of the other agency. Statutory/Other Authority: ORS 624.530 Statutes/Other Implemented: ORS 624.530 History: HD 20-1986, f. 12-22-86, ef. 2-2-87
333-158-0030 Periodic Review At least annual re-evaluations of predominance shall be made by the regulating agencies and changes in jurisdiction shall be made where indicated Statutory/Other Authority: ORS 624.530 Statutes/Other Implemented: ORS 624.530 History: HD 20-1986, f. 12-22-86, ef. 2-2-87