justicedao/ipfs_state_laws huggingface dataset:
333-160-0000 Destruction and Embargo of Mishandled, Adulterated or Spoiled Food and Beverage Whenever the Authority finds food or beverage for which there is probable cause to believe is adulterated, mishandled, spoiled, or otherwise potentially dangerous to health, the Authority shall immediately notify the person in charge that the product is hazardous; and shall request immediate destruction of the product. If the person in charge agrees, the food or beverage shall be destroyed or removed in a manner specified by the Authority: (1) If the person in charge will not agree to destruction, an embargo order shall be placed on the food or beverage. The order shall include: (a) A statement of the reasons for the embargo; (b) A description of the products, their location and the amount of product embargoed; (c) The date and time of day when the order is issued, and the signature of the inspecting Environmental Health Specialist. (2) The product shall be marked, sealed, isolated, and otherwise identified as required by the Authority to ensure that it remains off sale and is not moved prior to final disposition of the embargo. (3) After placement of an embargo order, samples may be taken for testing by the Authority. (4) If the order of embargo does not include a notice of hearing; within 48 hours of the placement of an embargo, the person in charge shall be notified in writing that a hearing on the embargo order will be held if requested in writing within ten (10) days of the delivery of the notice. (5) If a hearing is requested, it shall be held in accordance with ORS 183 and the model rules of the Attorney General for contested cases. (6) If no hearing is requested as provided in section (4) of this rule, a default order for destruction shall be issued to the person in charge. (7) Destruction or removal of embargoed product shall be done only under the direct supervision of the Authority. Denaturation may be required where it is necessary to render the product unpalatable or to identify it as unfit for human consumption. (8) Violation of any embargo or destruction order or removal of any product under embargo is grounds for closure of the facility, revocation or denial of license or criminal penalties provided under ORS 624.990. Statutory/Other Authority: ORS 624.070 Statutes/Other Implemented: ORS 624.070 History: PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 HD 20-1986, f. 12-22-86, ef. 2-2-87
333-162-0030 Mobile Unit Operation, General (1) Mobile food units must remain mobile at all times during operation. The wheels must be functional and appropriate for the type of unit and not be removed from the unit at the operating location. A removable tongue may be allowed if the tongue can be removed with the use of only simple tools and the tools are available on the unit at all times. Units licensed prior to February 1, 2020 in which the wheels, axels and associated equipment were removed prior to that date are not required to meet this requirement.Pf (2) A mobile food unit may not be used in lieu of a properly designed and constructed kitchen for a restaurant or other food service establishment.P (3) Catering and Delivery: (a) Except as provided in subsection (c) of this section, a mobile food unit that does not have a licensed restaurant or commissary as a base of operation may not provide catering services or sell food wholesale.P (b) Mobile food units must sell or dispense food directly from the point of sale on the unit to the ultimate consumer.Pf (c) A mobile food unit that does not have a licensed restaurant or commissary as a base of operation may provide catering services if:P (A) The unit is equipped with commercial-grade refrigeration equipment that meets or is the equivalent to the requirements of OAR 333-150-0000 Section 4-205.10; (B) The unit has obtained a variance from the Oregon Health Authority; and (C) The unit provides only single-use articles for use by consumers. (d) Mobile food units may utilize third-party delivery services and offer online ordering through the Internet. Statutory/Other Authority: ORS 624.355 Statutes/Other Implemented: ORS 624.355 History: PH 11-2020, amend filed 01/30/2020, effective 02/01/2020 PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 HD 10-1997, f. & cert. ef. 7-8-97 HD 7-1994, f. & cert. ef. 2-24-94
333-162-0036 Mobile Food Units Operating as Single-Event Temporary Restaurants A licensed mobile food unit operating as a single-event temporary restaurant as specified under ORS 624.650 may utilize off-unit tables and display areas for non-potentially hazardous foods and dispensed beverages, condiments, and single-service articles such as napkins and utensils. The unit may also utilize off-unit freezers if the food is maintained frozen as required in OAR 333-150-0000 Section 3-501.11. The off-unit tables and display areas allowed under this rule may not be used to conduct activities such as food preparation, assembly or cooking. The display or dispensing of potentially hazardous foods is not allowed. Statutory/Other Authority: ORS 624.355 Statutes/Other Implemented: ORS 624.355 History: PH 11-2020, adopt filed 01/30/2020, effective 02/01/2020
333-162-0040 Base of Operation (1) Mobile food units and vending machines shall operate from a licensed restaurant, commissary or warehouse.P (2) If a mobile food unit sells only packaged goods, a warehouse may be accepted in lieu of a commissary. (3) Notwithstanding section (1) of this rule, self-contained mobile food units may not be required to have a base of operation if the unit contains all the equipment and utensils necessary to assure the following: (a) Maintaining proper hot and cold food temperatures during storage and transit; (b) Providing adequate facilities for cooling and reheating of foods; (c) Providing adequate handwashing facilities; (d) Providing adequate warewashing facilities and assuring proper cleaning and sanitizing of the unit; (e) Obtaining food and water from approved sources; (f) Sanitary removal of waste water and garbage at approved locations. (4) The ability to operate without a base of operation shall be determined by the regulatory authority. (5) A mobile food unit may not serve as a commissary or warehouse for another mobile food unit. (6) A private home kitchen or a home kitchen licensed by the Oregon Department of Agriculture may not be used as a commissary. Statutory/Other Authority: ORS 624.355 Statutes/Other Implemented: ORS 624.355 History: PH 11-2020, amend filed 01/30/2020, effective 02/01/2020 PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 HD 10-1997, f. & cert. ef. 7-8-97 HD 17-1993, f. & cert. ef. 10-14-93 HD 20-1986, f. 12-22-86, ef. 2-2-87
333-162-0280 Food Transportation, General (1) During transportation, food and food utensils shall be kept in covered containers or completely wrapped or packaged to be protected from contamination. Foods in original individual packages do not need to be overwrapped or covered if the original package is sealed. (2) Food shall be maintained at required temperatures at all times during transport. Mobile food units that do not maintain food at temperatures required in OAR 333-150-0000 section 3-501.16 may be required to provide an on-board power source, such as a battery or generator, to assure maintenance of food at proper temperatures during transit. (3) After February 1, 2020, mobile food units that serve a complex menu and have never been licensed in Oregon may not utilize cold plates that do not have an associated power source, such as a battery, generator or propane tank, as the sole means for temperature control. (4) Transport vehicles shall not be used in activities incompatible with safe and sanitary food service operations. Statutory/Other Authority: ORS 624.355 Statutes/Other Implemented: ORS 624.355 History: PH 11-2020, amend filed 01/30/2020, effective 02/01/2020 PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 HD 10-1997, f. & cert. ef. 7-8-97
333-162-0680 Exterior and Overhead Protection (1) Mobile food units must be secured and protected from contamination when not in operation. This exterior protection may consist of moving the unit to an enclosed location, closing all exterior openings or covering the unit in a secure fashion. Units licensed prior to February 1, 2020 must meet this requirement by January 1, 2023.Pf (2) Overhead protection shall be provided for mobile food units that are operated outdoors and where food is not covered at all times. The overhead protection may consist of, but not be limited to, roofing, ceilings, awnings, or umbrellas. Overhead protection is not required for cooking units that have a lid or covering that will protect foods from contamination. The overhead protection must be easily cleanable. Statutory/Other Authority: ORS 624.355 Statutes/Other Implemented: ORS 624.355 History: PH 11-2020, amend filed 01/30/2020, effective 02/01/2020 PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 HD 10-1997, f. & cert. ef. 7-8-97
333-162-0880 Licensing Procedure (1) All procedures shall be in accordance with ORS chapter 624 in the licensure of mobile food units, commissaries and warehouses. Any license issued by the Authority pursuant to ORS 624.320 shall expire and may be reinstated on December 31 of each year. (2) A permanent license number shall be assigned each operator of mobile food units by the regulatory authority. (3) Each mobile food unit shall be clearly marked with the licensee's name or a distinctive identifying symbol. The lettering shall be at least two inches in height and of a color contrasting with the background color. If a symbol is used, it shall be at least 12 inches in diameter or of an equivalent size. An accurate scale drawing or photograph of the symbol shall be filed with the regulatory authority. (4) Each mobile food unit shall be clearly marked with a number for purposes of identifying each unit on inspection reports and other communications. (5) Stored units are not subject to licensure. (6) All vehicles used as mobile food units shall be kept in good repair and in a sanitary condition while in use. (7) The license shall be posted in the mobile food unit in public view. Statutory/Other Authority: ORS 624.355 Statutes/Other Implemented: ORS 624.355 History: PH 11-2020, amend filed 01/30/2020, effective 02/01/2020 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 10-1997, f. & cert. ef. 7-8-97
333-162-0890 Inspection and Enforcement Procedures Mobile food units shall comply with the inspection and enforcement procedures in OAR 333-157-0000, 333-157-0010, 333-157-0020, 333-157-0025, 333-157-0027, 333-157-0030 and 333-157-0040. Statutory/Other Authority: ORS 624.355 Statutes/Other Implemented: ORS 624.355 History: PH 11-2020, amend filed 01/30/2020, effective 02/01/2020 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 10-1997, f. & cert. ef. 7-8-97
333-162-0920 Plan Review (1) Newly constructed or extensively remodeled mobile food units, commissaries and warehouses must undergo plan review and a pre-operational inspection. Mobile food units that have been modified after plan review approval or licensing may be required to revert to the design and construction that was initially approved if required by the regulatory authority. Mobile food units having the sanitary approval of a recognized qualified, independent testing laboratory, or approved by the Authority may be accepted without the submission of plans.Pf (2) Approval from the administrator to operate after the plan review process does not preclude obtaining required permits or approvals from other agencies or jurisdictions of concern. (3) Mobile food unit operators must obtain approval from the administrator to add to or change menu items served from the mobile food unit;P (4) Mobile food units that operate on a fixed route must provide an itinerary to the regulatory authority prior to licensure and at the beginning of each licensing period. Mobile food units operating at specific or multiple locations shall provide a list of all locations to the regulatory authority. Statutory/Other Authority: ORS 624.355 Statutes/Other Implemented: ORS 624.355 History: PH 11-2020, amend filed 01/30/2020, effective 02/01/2020 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 10-1997, f. & cert. ef. 7-8-97
333-162-0940 Warehouses (1) A licensed warehouse may be used only for the storage of unopened packaged foods, single-service articles, utensils and equipment. All other activities are prohibited.Pf (2) A warehouse may not be used for the following activities: (a) Cooling or storage of foods that have been prepared on a mobile food unit; (b) Preparation, assembly, portioning, handling or service of unpackaged foods; and (c) Ice making or warewashing; (3) Activities prohibited in a warehouse in this section must be conducted in a licensed restaurant or commissary. (4) Warehouses shall be required to meet only those rules necessary to prevent the contamination of stored foods, single-service articles, utensils and equipment. In general, warehouses shall be exempt from the rules relating to finished walls, ceilings or storage bases, light colored surfaces, restrooms, lavatories and utility facilities, provided foods are protected from contamination from dust, insects, rodents, flooding, drainage, or other contaminants. (5) An ice merchandiser that is used to store packaged ice from a commercial source may be allowed if the ice merchandiser is licensed as a warehouse and secured when the unit is not in operation. (6) The Assistant Director may impose additional requirements as deemed necessary to prevent the contamination of stored foods, single-service articles, utensils, and equipment. (7) A warehouse licensed prior to February 1, 2020 that is not in compliance with the provisions of this rule must meet these requirements by January 1, 2023. Statutory/Other Authority: ORS 624.355 Statutes/Other Implemented: ORS 624.355 History: PH 11-2020, amend filed 01/30/2020, effective 02/01/2020 PH 14-2006, f. 6-27-06, cert. ef. 7-1-06 HD 10-1997, f. & cert. ef. 7-8-97
333-162-0950 Memorandum of Commissary or Warehouse Usage/Verification A Memorandum of Commissary or Warehouse Usage/Verification shall be on file with the administrator for mobile units using a licensed food service facility as a commissary or warehouse. This memorandum shall be on a form approved by the Authority, and be updated at least once per year. Statutory/Other Authority: ORS 624.390 Statutes/Other Implemented: ORS 624.390 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 10-1997, f. & cert. ef. 7-8-97
333-162-1005 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 mobile food unit, commissary, or warehouse without a current license to do so from the Authority or Local Public Health Authority; (b) Failure to cease operation of a mobile food unit, commissary, or warehouse 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(B). (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 624.992 Statutes/Other Implemented: ORS 624.992 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 10-1997, f. & cert. ef. 7-8-97
333-170-0000 Definitions As used in OAR 333-170-0000 to and including 333-170-0130: (1) “Appurtenant Structure” means a building that belongs to, is accessory or incident to, adjacent, appended or annexed to a single family residence. The single family residence and appurtenant structure must be on the same tax lot. Appurtenant structure includes but is not limited to a carriage house, garage, livery, pool or cabana building, guest cottage, bunkhouse, or similar building converted for human occupancy. (2) “Bed and Breakfast Facility” means any establishment located in a structure designed for a single family residence and structures appurtenant thereto, regardless of whether the owner or operator of the establishment resides in any of the structures, which: (a) Has more than two rooms for rent on a daily basis to the public; (b) Offers a breakfast meal as part of the cost of the room; (c) Serves one breakfast meal a day to guests, staff and owners, only. (3) “Breakfast Meal” is the meal served to guests during the a.m. or morning hours each day. (4) “Designated Employees’ Restroom” means toilet room with handwashing lavatory accessible to employees only, during breakfast meal preparation and service. (5) “Guests’ Restroom” means toilet room located in the area of the guest rooms. Statutory/Other Authority: ORS 624.100 Statutes/Other Implemented: ORS 624.100 History: HD 2-1992, f. 3-24-92, cert. ef. 3-30-92 HD 2-1989, f. & cert. ef. 1-31-89 HD 23-1988(Temp), f. & cert. ef. 9-23-88 HD 6-1988, f. & cert. ef. 4-4-88
333-170-0010 Application of Rules (1) Except as otherwise set forth in ORS 624.041 and these rules, bed and breakfast facilities shall meet the applicable requirements in OAR 333-150-0000 of the Oregon Food Sanitation Rules. (2) If more than nine bedrooms or accommodations for 19 or more persons are available on a daily basis, commercial grade dishwashing and separate refrigeration equipment must be provided. Statutory/Other Authority: ORS 624.100 Statutes/Other Implemented: ORS 624.100 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 2-1992, f. 3-24-92, cert. ef. 3-30-92 HD 6-1988, f. & cert. ef. 4-4-88
333-170-0020 Animal Restrictions Bed and Breakfast Facilities shall be exempt from the provisions of OAR 333-150-0000 section 6-501.115 provided, however, that no live animal, bird, or turtle will be kept or allowed in any portion of the premises where food for the registered guests of the establishment is stored, prepared, served, offered for sale, or given away. Aquariums and aviaries shall be allowed if enclosed so as not to create a public health problem. 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
333-170-0030 Equipment Replacement Bed and Breakfast Facilities shall meet the provisions of OAR 333-150-0000 section 8-304.11 (G) and (H) except that replacement equipment and new equipment acquired after the effective date of these Bed and Breakfast rules may be of residential design, construction and installation. The equipment must be in good repair, capable of being maintained in a sanitary condition, have nontoxic food-contact surfaces and meet all other requirements of these rules. 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
333-170-0040 Employee Change Rooms Bed and Breakfast Facilities shall be exempt from the provisions of OAR 333-150-0000 sections 6-305.11, 6-403.11 (B) and 6-501.110 provided, however, that no person shall change clothes, store clothing or personal effects in any area used for the storage or preparation of food or for utensil washing or storage. 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
333-170-0050 Dishwashing (1) All food service utensils and equipment shall be scraped, cleaned, and/or sanitized as circumstances of use require. (2) Bed and Breakfast Facilities shall comply with provisions of OAR 333-150-0000 for manual and/or mechanical cleaning and sanitizing of equipment and utensils, however, at the option of the owner or operator a domestic or homestyle dishwasher may be used provided the following performance criteria can be met: (a) The dishwasher must effectively remove physical soil from all surfaces of dishes; (b) The dishwasher must sanitize dishes either by the application of enough accumulative heat or by the application of adequate chemical solutions to the surface of the dish; (c) Machines relying on heat for sanitizing shall produce heat unit equivalents in the final rinse and drying cycles which comply time and temperature relationships or equivalents listed in Table 1 (155° F. minimum): TABLE 1 155° F — 150 seconds 161° F — 30 seconds 165° F — 15 seconds 170° F — 5 seconds (d) If machine or water line mounted thermometers which indicate temperature of the final rinse water as it enters the manifold are not provided, the operator shall provide and daily use a registering thermometer or thermopaper to check the temperature at the dish surface during the final sanitizing rinse and drying cycles; (e) The dishwasher must be installed and operated according to manufacturer's instructions for the highest level of sanitization possible when sanitizing Bed and Breakfast Facilities' utensils; a copy of the instructions must be available on the premises at all times; (f) The pressure of the final rinse water supplied to the dishwasher shall not be less than 15 nor more than 25 pounds per square inch, (psi); (g) There shall be sufficient area or facilities such as portable dish tubs and drain boards for the proper handling of soiled utensils prior to washing and of cleaned utensils after sanitization so as not to interfere with safe food handling, handwashing and the proper use of dishwashing facilities. 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
333-170-0060 Plumbing Notwithstanding provisions of OAR 333-150-0000 sections 5-202.11 and 5-402.11, existing food preparation sinks and mechanical dishwashers in Bed and Breakfast Facilities are not required to have indirect sewer connections. However, any new food preparation sinks or dishwashers installed after the effective date of these rules or existing installations in which backflow has been demonstrated may be required to comply with the Oregon State Plumbing Specialty Code. In existing food preparation sinks which are directly plumbed and where food is placed in the sink below the rim then food must be placed in a container where the rim is above the flood rim of the sink. Bed and Breakfast Facilities shall meet OAR 333-150-0000 section 5-203.14, in preventing contamination of the potable water system. New plumbing in a Bed and Breakfast Facility shall be installed and maintained in accordance with the Oregon State Plumbing Specialty Code. Statutory/Other Authority: ORS 624.041 Statutes/Other Implemented: ORS 624.041 History: 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 11-2002, f. & cert. ef. 8-7-02 HD 6-1988, f. & cert. ef. 4-4-88
333-170-0070 Ventilation Bed and Breakfast Facilities shall be exempt from the provisions of OAR 333-150-0000 sections 6-304.11 and 6-501.14(A), however, in the event that the inspecting sanitarian determines that sufficient ventilation must be mechanical in nature, such ventilation shall be installed and operated according to state and local code. 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