reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.130 - Training to relieve choking; methods of training; exemptions; fees.

(1) Any restaurant where food is served to be consumed on the premises shall require that its food service employees, within a reasonable time after date of employment, be trained to administer emergency first aid to relieve any person choking on food particles pursuant to a training program approved by the local public health authority or as described in Red Cross Manual 32-1138 as the "abdominal thrust" procedures.
(2) A local public health authority shall provide or cause to be provided the necessary training program at reasonable intervals, as determined by the local authority. The local public health authority must provide for the training requirement of this section to be met by inclusion of the necessary training in a food handler training program under ORS 624.570 or by the placement of posters in the workplace.
(3) The local public health authority may charge reasonable fees to cover actual expenses of providing the training and issuing verification of training.
(4) The local public health authority may waive in writing the training requirements of this section in cases of undue hardship, or where the local authority determines that the employee’s assignment renders such training impracticable or unnecessary.
(5) Civil or criminal liability to the restaurant or restaurant employees may not result from good faith application by a trained person of the first aid described under subsection (1) of this section. [1977 c.824 §1; 2001 c.975 §4a; 2003 c.309 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.145 - Authorization of food place required for third-party food platform to take orders and deliver meals.

(1) As used in this section:
(a) "Food place" means a restaurant as defined in ORS 624.010, or another business engaged in the preparation and service of food for consumption by the general public on or off premises.
(b) "Third-party food platform" means a website, mobile application or other electronic service that:
(A) Posts food place menus, logos or pricing information on the website, mobile application or other electronic service;
(B) Facilitates the ordering of food or beverages for sale to a consumer by a food place; and
(C)(i) Delivers, or arranges for the delivery of, the order to the consumer; or
(ii) Arranges for the pickup of the order by the consumer from the food place.
(2) A third-party food platform may not take and arrange for the delivery of an order from a food place without first obtaining the written consent of the food place expressly authorizing the third-party food platform to take orders and deliver meals prepared by the food place. [2021 c.187 §1]
Note:
624.145 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 624 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.165 - Service of inspected game meat by charitable organization.

(1) Subject to ORS 624.070, game meat that has been donated to a charitable organization and has been inspected and processed as provided in ORS 619.095 may be served for human consumption by that charitable organization.
(2) As used in subsection (1) of this section:
(a) "Charitable organization" means the Department of Human Services, Oregon Health Authority, Oregon Youth Authority, Department of Corrections institutions, low-income nutritional centers, public school nutritional centers, senior nutritional centers, state hospitals and other charitable organizations or public institutions approved by the State Department of Fish and Wildlife.
(b) "Game meat" includes antelope, bighorn sheep, deer, elk, moose and mountain goat. [1983 c.575 §4; 1987 c.320 §240; 1997 c.249 §190; 2001 c.900 §211; 2009 c.595 §1017]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.320 - License requirement for commissary, warehouse, mobile unit or vending machine; notice of mobile unit movement.

(1) A person may not operate a vending machine, warehouse, commissary or mobile unit without first procuring a license to do so from the Oregon Health Authority. The operator shall post the license in a conspicuous place in the warehouse or commissary. The operator shall affix a card, emblem or other device clearly showing the name and address of the licensee and the serial number of the license to each vending machine or mobile unit as the case may be.
(2) Application for the license shall be in writing in the form prescribed by the authority and shall contain the following information:
(a) Name and address of the applicant.
(b) Location of all warehouses or commissaries.
(c) Locations where supplies are kept.
(d) Locations where vending machines or mobile units are stored, repaired or renovated.
(e) Identity and form of food to be dispensed through vending machines.
(f) Number of each type of vending machine on location.
(3) The operator must keep the specific locations of the vending machines and specific itineraries of the mobile units on file at the operator’s business office and readily available to the authority. If the mobile unit is moved to a delegate county other than a delegate county that licensed the mobile unit, the operator shall notify the local health department for the county to which the mobile unit is moved prior to operating the mobile unit within that county. The operator shall furnish the authority with written details of the conversion of any vending machine to dispense products other than those for which the license was issued. [1963 c.575 §2; 1973 c.825 §14; 2001 c.104 §244; 2001 c.975 §6; 2003 c.672 §1; 2009 c.595 §1019]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.330 - Exemption of certain commissaries, mobile units and vending machines from licensing requirements; rules.

(1) Vending machines dispensing only ball chewing gum, nutmeats and the following prepackaged foods: Candy, chewing gum, nutmeats, potato chips, pretzels, popcorn, cookies, crackers and bottled or canned soft drink beverages shall be exempt from the provisions of ORS 624.320 and 624.430.
(2) The Oregon Health Authority may, by rule, exempt certain other types of vending machines from the license requirements of ORS 624.310 to 624.430 when it appears that there is no danger to the life and health of the people of this state.
(3) The provisions of ORS 624.310 to 624.430 do not include commissaries, mobile units or vending machines which are presently licensed and inspected by the State Department of Agriculture or United States Public Health Service. [1963 c.575 §§7,15; 1973 c.825 §15; 2009 c.595 §1020]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.355 - Rules.

The Oregon Health Authority shall make reasonable rules for carrying out the provisions of ORS 624.310 to 624.430, including but not limited to the following:
(1) Construction and operation of commissaries, mobile units and vending machines.
(2) Water supply adequate in quantity and safe for human consumption.
(3) Disposal of sewage, refuse and other wastes in a manner that will not create a nuisance or health hazard.
(4) Cleanliness of premises and facilities.
(5) Refrigeration of perishable foods and the wholesomeness of all food and beverage ingredients.
(6) Protection of food, utensils, wrapping and serving materials against dust, dirt and contamination.
(7) Equipment of proper construction and the maintenance of such equipment.
(8) Approved plumbing.
(9) Sanitary facilities for employees in commissaries.
(10) Control and exclusion of insects and rodents.
(11) Labeling of foods or beverages.
(12) Exclusion of vending machines dispensing chemicals, sanitizers, detergents, economic poisons and such other compounds of similar nature from immediate areas where food and beverage vending machines are located.
(13) Approval of plans for commissaries, mobile units and vending machines. [Formerly 624.390]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.370 - Inspection of commissary, warehouse, mobile unit or vending machine; report of Director of Oregon Health Authority; hearing.

(1) At least once every six months, the Director of the Oregon Health Authority shall inspect every commissary and warehouse, and a representative number of each operator’s mobile units and vending machines. The director shall be granted access at reasonable times to all parts of the commissary and shall have access, either in the company of an employee or otherwise, to the interior of all vending machines or mobile units of the operator at such times as the director considers necessary to ensure compliance with the provisions of ORS 624.310 to 624.430.
(2) Samples of food, drink and other substances may be taken and examined by the director as often as may be necessary for the detection of unwholesomeness or adulteration. The director may condemn and prohibit the sale of or cause to be removed or destroyed, any food or drink which contains any toxic, contaminated, filthy, putrid, decomposed or diseased substance or if it is otherwise unfit for human consumption.
(3) One copy of the inspection report shall be posted by the director upon an inside wall of the commissary or placed in the mobile unit. The inspection report shall not be defaced or removed by any person except the director. A copy of the inspection report on vending machines shall be sent to the operator. Another copy of each inspection report shall be filed with the records of the Oregon Health Authority.
(4) If the director discovers the violation of any provision of ORS 624.310 to 624.430 or any rule promulgated thereunder, the director shall make a second inspection after the lapse of such time as the director considers necessary for the defect to be remedied.
(5) If a violation is of a nature so as to constitute a danger to the health of the people of this state, the director may order immediate closure of the commissary, mobile unit, or vending machine and shall, within 24 hours of the time of inspection, mail to or serve personally on the licensee a copy of the inspection report signed by the director showing thereon the particular facility closed and the reason. The director shall, if requested, hold a hearing in accordance with ORS chapter 183. [1963 c.575 §8; 1973 c.825 §17; 1975 c.792 §2; 2009 c.595 §1022]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.400 - Rating surveys; preparing and disseminating information; cooperation with local health departments in educational programs.

The Oregon Health Authority shall make such surveys as are necessary to obtain uniform enforcement of ORS 624.310 to 624.430 throughout the state and shall prepare and disseminate information and shall cooperate with and assist local health departments in educational programs for the purpose of encouraging compliance with ORS 624.310 to 624.430 on the part of operators and employees of vending machines and mobile units. [1963 c.575 §12; 1973 c.825 §20; 2009 c.595 §1025]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.410 - Commissaries and sources of supply outside jurisdiction.

(1) Foods from commissaries or other sources outside the jurisdiction of the Oregon Health Authority may be sold in the local jurisdiction if such commissaries or other sources of supply conform to the provisions of ORS 624.310 to 624.430 and the rules promulgated under ORS 624.310 to 624.430 or to substantially equivalent provisions.
(2) The authority shall investigate and survey the system of regulations in effect for commissaries or sources of supply outside the state. Upon determination that the regulations in effect are of a quality substantially equal to the rules of ORS 624.310 to 624.430, the authority may permit such commissaries or sources of supply to be used in the state. [1963 c.575 §11; 1973 c.825 §21; 2009 c.595 §1026]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.415 - Denial, suspension or revocation of license.

The Director of the Oregon Health Authority may deny, suspend or revoke a license in accordance with ORS chapter 183 in any case where the director finds that there has been a substantial failure to comply with the provisions of ORS 624.310 to 624.430 or the rules promulgated under ORS 624.310 to 624.430. [Formerly 624.340]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.420 - Abating or enjoining violations of ORS 624.310 to 624.430.

Any commissary, mobile unit or vending machine operated contrary to the provisions of ORS 624.310 to 624.430 is a public nuisance and dangerous to health and may be abated or enjoined in the manner provided by law. [1963 c.575 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.425 - Diseased persons working in commissary or mobile unit; suspicion of possible transmission of infection.

(1) A person who is affected with a communicable disease described in ORS 624.080 (1) or is a carrier of such disease may not work in any commissary, mobile unit or in the servicing of vending machines, nor may any operator employ any such person or any person suspected of being affected with any communicable disease or of being a carrier of such disease. If the operator suspects that any employee has an infectious disease in a communicable form or may be a carrier of such a disease, the operator shall notify the Director of the Oregon Health Authority immediately. A placard containing this section shall be posted in all toilet rooms.
(2) When, in the opinion of the director, there is a possibility of transmission of infection from any person or employee, the director may require the immediate exclusion of such person or employee from all commissaries, mobile units and vending machines and may require a medical examination of the person or employee and associates of the person or employee, including such laboratory examinations as may be indicated. [Formerly 624.380; 2011 c.9 §81]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.430 - Fee payment; rules.

(1) Except as provided in ORS 624.330, every applicant for a license to operate a commissary, vending machine, warehouse or mobile unit shall pay to the Oregon Health Authority the appropriate annual fee set forth in ORS 624.490.
(2) All licenses issued under ORS 624.320 expire annually on a date set by authority rule. A license is not transferable. The authority may not issue a refund representing any unused portion of a license. The authority may not refund fees submitted with applications that have been denied. [1963 c.575 §3; 1973 c.182 §3; 1975 c.526 §6; 1979 c.696 §13; 1983 c.352 §2; 1995 c.578 §6; 2001 c.975 §7; 2003 c.309 §13; 2009 c.595 §1027]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.490 - License fees; exemptions.

(1) The Oregon Health Authority may charge the following fees for the issuance or renewal of licenses:
(a) $200 for a bed and breakfast facility.
(b) $335 for a limited service restaurant.
(c) For a restaurant in accordance with seating capacity, as follows:
(A) $530 for 0 to 15 seats;
(B) $600 for 16 to 50 seats;
(C) $700 for 51 to 150 seats; and
(D) $770 for more than 150 seats.
(d) For an intermittent temporary restaurant, $75.
(e) For a seasonal temporary restaurant, $75.
(f) For a single-event temporary restaurant, except as provided in ORS 624.106:
(A) $50 for an event lasting one day; and
(B) $75 for an event lasting two days or longer.
(g) $350 for a commissary.
(h) $180 for each warehouse.
(i) $255 for each mobile unit.
(j) For vending machines in accordance with the number of machines covered by the license as follows:
(A) $90 for 1 to 10 machines;
(B) $140 for 11 to 20 machines;
(C) $200 for 21 to 30 machines;
(D) $300 for 31 to 40 machines;
(E) $320 for 41 to 50 machines;
(F) $330 for 51 to 75 machines;
(G) $390 for 76 to 100 machines;
(H) $510 for 101 to 250 machines;
(I) $800 for 251 to 500 machines;
(J) $1,000 for 501 to 750 machines;
(K) $1,500 for 751 to 1,000 machines;
(L) $1,600 for 1,001 to 1,500 machines; and
(M) $1,700 for more than 1,500 machines.
(2) Except as provided in this subsection, to reinstate an expired license the operator must pay a reinstatement fee of $100 in addition to the license fee required under subsection (1) of this section. The reinstatement fee does not apply to the reinstatement of an expired intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant license. If the operator reinstates the license more than 30 days after the expiration date, the reinstatement fee shall increase by $100 on the 31st day following the expiration date and on that day of the month in each succeeding month until the license is reinstated.
(3) Notwithstanding subsection (1) of this section, the Oregon Health Authority or a local public health authority as provided under ORS 624.510 may exempt or reduce the license fee for restaurants operated by benevolent organizations that provide food or beverages primarily to children, the elderly, the indigent or other needy populations if the persons receiving the food or beverages are not required to pay the full cost of the food or beverages. As used in this subsection, "benevolent organization" has the meaning given that term in ORS 624.101. [2003 c.309 §4; 2009 c.595 §1028; 2011 c.664 §13; 2019 c.510 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.495 - Foodborne illness prevention program; rules.

(1) The Oregon Health Authority shall adopt rules establishing a foodborne illness prevention program for the purpose of protecting the public health. Unless an agreement entered into under ORS 624.530 provides otherwise, the program may include, but need not be limited to, provisions for preventing the spread of communicable disease through food service facilities that are subject to licensing by the authority under this chapter and for effective and rapid response to terrorism events related to those facilities.
(2) A program established by the Oregon Health Authority under this section must provide for a local public health authority that enters into an intergovernmental agreement under ORS 624.510 to undertake primary responsibility for the delivery of program services within the jurisdiction of the local public health authority. A program must also provide for extensive monitoring and review by the Oregon Health Authority of local public health authority performance of program services under an intergovernmental agreement.
(3) The Oregon Health Authority shall consult with groups representing local health officials within the state and statewide restaurant associations in the development of rules adopted under this section and prior to preparing an intergovernmental agreement delegating administration and enforcement of all or part of the foodborne illness prevention program to a local public health authority. [2003 c.309 §3; 2007 c.123 §1; 2009 c.595 §1029]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.530 - Agreement to ensure only one agency inspects facilities; rules.

Notwithstanding any provision of ORS 624.010 to 624.121 or 624.310 to 624.430 or statutes administered by the State Department of Agriculture, the Director of the Oregon Health Authority and the Director of Agriculture jointly shall adopt rules and enter into interagency agreements necessary to ensure that only one of the agencies inspects and licenses any facility that is subject to regulation by both agencies. [1981 c.112 §1; 2003 c.14 §376; 2003 c.309 §16; 2009 c.595 §1031]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.550 - Local public health authority food service advisory committee.

An intergovernmental agreement described in ORS 624.510 must encourage and authorize a local public health authority to which health enforcement powers, duties or functions have been delegated pursuant to ORS 624.510 to appoint a food service advisory committee consisting of volunteer representatives from a cross section of the food service industry and the general public. A committee established by a local public health authority may:
(1) Make recommendations to the local public health authority regarding the administration and enforcement by the local authority of powers, duties and functions under an existing or proposed intergovernmental agreement; and
(2) Review and provide to the Oregon Health Authority an evaluation of the effectiveness of this chapter and any foodborne illness prevention program adopted by the Oregon Health Authority by rule under ORS 624.495. [1983 c.533 §8; 1985 c.519 §5; 2003 c.309 §17; 2009 c.595 §1032]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.560 - Waiver of food sanitation rules; fee; rules.

(1) A person may apply to the Oregon Health Authority for a variance from one or more rules of the authority regarding food sanitation, including but not limited to rules regarding personnel, food protection, equipment and facilities, utilities and plan review. An application for a variance must be accompanied by a fee of $500. If the authority grants the variance, the authority shall state the terms and conditions of the variance.
(2) The authority shall adopt rules establishing requirements for applications and variances under this section.
(3) The authority may not delegate the granting of variances under this section. [2019 c.456 §115]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.570 - Food handler training requirement; exception; certification; fees; rules.

(1)(a) Except as provided in subsection (6) of this section, any person involved in the preparation or service of food in a restaurant or food service facility licensed under ORS 624.020 or 624.320 must successfully complete a food handler training program and earn a certificate of program completion within 30 days after the date of hire. The person shall thereafter maintain a valid completion certificate at all times during the employment.
(b) A food handler training program offered by the Oregon Health Authority or the designated agent of the authority, or offered by a local public health authority or designated agent of the local public health authority that has been approved by the Oregon Health Authority, is valid in any jurisdiction in the state for the purpose of obtaining the certificate of completion under subsection (2) of this section.
(2) If a person successfully completes the food handler training program required in subsection (1) of this section and pays the appropriate fee, the Oregon Health Authority, a local public health authority or a designated agent shall issue a certificate of completion. A food handler certificate of completion expires three years after the date of issuance.
(3) All local public health authorities exercising powers, duties and functions pursuant to ORS 624.510, shall ensure the provision of food handler training programs within the jurisdiction of the local public health authority. The Oregon Health Authority shall establish and maintain food handler training programs in counties without authority delegated under ORS 624.510.
(4) The Oregon Health Authority shall establish by rule all provisions necessary to administer and enforce the provisions of this section, including but not limited to:
(a) Minimum standards for program content and delivery; and
(b) The establishment of minimum requirements for successful completion of the training.
(5) The Oregon Health Authority, a local public health authority or a designated agent shall charge a program fee to program participants. The program fee may not exceed $10. A program provider may assess a new program fee each time a participant takes or retakes all or part of a program or certification exam. A fee not exceeding $5 may be charged for duplicate certificates of completion.
(6) Persons involved in the preparation or service of food in an intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant are not required to complete a food handler training program, but the intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant shall have at least one person who has completed the food handler training program on the premises at all times. [1995 c.578 §13; 2001 c.975 §8a; 2003 c.309 §18; 2009 c.595 §1033; 2011 c.664 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.610 - Application of ORS 624.010 to 624.121 or 624.310 to 624.430 to certain food service.

Neither ORS 624.010 to 624.121 nor 624.310 to 624.430 apply to:
(1) Food service provided to sleeping room patrons of facilities described in ORS 446.435; or
(2) Food service provided solely and incidentally to participants in the course of backpacking, hiking, horseback packing, canoeing, rafting or other such expedition as described in ORS 446.435 unless the expedition is a part of an organizational camp program. [1981 c.650 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.630 - Construction, remodeling requirements; fees.

A person may not construct or extensively remodel a facility subject to licensure under this chapter without first submitting construction or remodeling plans to the Oregon Health Authority and paying a fee to the authority for review of the plans. The fee shall be assessed in the following amounts:
(1) For initial construction:
(a) Of a full service restaurant, $400.
(b) Of a bed and breakfast facility, $190.
(c) Of a commissary, $240.
(d) Of a warehouse, $150.
(e) Of a limited service restaurant, $220.
(f) Of a mobile unit, $400.
(2) For remodeling:
(a) Of a full service restaurant, $225.
(b) Of any facility other than a full service restaurant, $100. [1995 c.578 §11; 2009 c.595 §1034; 2019 c.510 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.650 - Mobile unit inspection fee.

(1) Notwithstanding any provision of ORS 624.010, 624.086, 624.091, 624.510 or 624.530, a single-event temporary restaurant as defined under ORS 624.010 that is a mobile unit as defined under ORS 624.310 is subject to a fee not to exceed $25 for inspection services if the mobile unit is licensed by:
(a) The Oregon Health Authority under ORS 624.320 or a local public health authority acting pursuant to an intergovernmental agreement to conduct inspections in accordance with ORS 624.370;
(b) The State Department of Agriculture or the United States Public Health Service as provided under ORS 624.330; or
(c) Another jurisdiction and permitted to be used in this state under ORS 624.410.
(2) This section does not prohibit the Oregon Health Authority or a local public health authority delegated authority under an intergovernmental agreement described in ORS 624.510 from enforcing ORS 624.420 or 624.425 or rules adopted by the Oregon Health Authority pursuant to ORS 624.355. [1995 c.686 §1; 2003 c.309 §19; 2009 c.595 §1035; 2011 c.664 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.670 - Disposition of fees.

All moneys received by the Oregon Health Authority under this chapter shall be paid into the State Treasury, deposited in the General Fund to the credit of the Public Health Account and used exclusively by the authority for the purpose of carrying out the provisions of this chapter. [1995 c.578 §12; 2001 c.975 §9; 2009 c.595 §1036]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.990 - Criminal penalties.

(1) Violation of any provision of ORS 624.010 to 624.121 or rules of the Oregon Health Authority promulgated under ORS 624.010 to 624.121 is a Class C misdemeanor.
(2) Violation of any provision of ORS 624.310 to 624.430 or rules of the authority promulgated under ORS 624.310 to 624.430 is a Class B misdemeanor. [Subsection (2) enacted as 1963 c.575 §16; 1973 c.825 §22; 2003 c.14 §377; 2009 c.595 §1037]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.992 - Civil penalty; rules.

(1) In addition to any other penalty provided by law, the Oregon Health Authority may impose a civil penalty on any person for violation of ORS 624.020 (1), 624.060 (1), 624.060 (4), 624.070, 624.073, 624.320, 624.370, 624.425 or 624.430 or rules adopted under ORS 624.010 to 624.121 or 624.355.
(2) After public hearing, the authority by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under subsection (1) of this section.
(3) Civil penalties under subsection (1) of this section shall be imposed in the manner provided by ORS 183.745.
(4) A local public health authority delegated civil penalty power under an intergovernmental agreement described in ORS 624.510 shall implement that power in accordance with protocols and limits established by the Oregon Health Authority by rule. The local public health authority’s civil penalty power applies only to imminent and present dangers to public health and to operation without a license. [1995 c.578 §14; 2001 c.975 §10; 2003 c.309 §20; 2009 c.595 §1038]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.010 - Definitions for ORS 625.010 to 625.270.

As used in ORS 625.010 to 625.270, unless the context requires otherwise:
(1) "Bakery" means any place, premises or establishment where any bakery product is regularly prepared, processed or manufactured for sale other than for consumption on the premises where originally prepared, processed or manufactured.
(2) "Bakery product" includes bread, rolls, cakes, pies, doughnuts, cookies, biscuits, crackers and all similar goods, to be used for human food.
(3) "Container" means the container or wrapper in which bakery products are sold or offered for sale.
(4) "Department" means the State Department of Agriculture.
(5) "Distributor" means any person other than a bakery engaged within the state in the selling, marketing, or distributing at wholesale or retail any bakery products but does not include:
(a) Any person distributing solely bakery products manufactured by the person in a bakery licensed under ORS 625.010 to 625.270.
(b) Any retail food store selling or making delivery from a fixed place of business.
(6) "Label" or "labeled" means:
(a) The words "Net Weight" or the abbreviation thereof "Net Wt.";
(b) The applicable net weight as prescribed and required for each such loaf of bread;
(c) The name and place of business of the manufacturer or distributor;
(d) The identity of the bakery product within the container; and
(e) Such other information and wording as may be required by rules promulgated by the department under the authority granted by ORS 625.160.
(7) "Person" includes an individual, partnership, corporation, association or club. [Amended by 1955 c.298 §1; 1959 c.370 §1; 1963 c.594 §2; 1969 c.192 §1; 1987 c.472 §1; 2011 c.65 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.020 - License required to operate bakery; exceptions.

(1) Except as provided in subsection (2) of this section, no person shall operate or participate in the operation of any bakery within this state without a bakery license for that bakery, issued and in effect under ORS 625.010 to 625.270.
(2) A license is not required for a domestic kitchen type bakery that is operated in behalf of a nonprofit institution or is otherwise not operated for profit. [Amended by 1975 c.312 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.030 - Application for bakery license; inspection of premises and equipment; issuance of certificate.

Application for a bakery license shall be made in writing to the State Department of Agriculture on forms supplied by the department. After receipt of the application and the fees required by rules adopted under ORS 625.180, the department shall cause to be made a proper detailed inspection of the premises and equipment or of the plans and specifications of the bakery involved. If the department finds that the premises and equipment are or will be of a sanitary construction, design or condition and that the applicant has complied with and will be able to comply with ORS 625.010 to 625.270, the application shall be approved and the department shall issue to the applicant a numbered license certificate bearing the name and address of the licensee and of the premises licensed. [Amended by 2012 c.64 §27]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.040 - Grounds for denial of application.

The State Department of Agriculture shall refuse to grant any application for a bakery license if the department finds after proper investigation that any of the following has occurred:
(1) The applicant has made to the department any false statement of a material nature.
(2) The premises or equipment of the bakery sought to be licensed are not of a sanitary construction, design or condition. However, this section may not be applied to prevent licensing and operation of a bakery solely because the bakery is in an area that is part of and not separate from a domestic kitchen if the bakery is upon investigation by the department found to be constructed and maintained in a clean, healthful and sanitary condition.
(3) The applicant has failed to comply with ORS 625.010 to 625.270 or any other applicable law of this state relative to bakeries or bakery products or any regulation in effect thereunder, except that if it is determined that an applicant has not so complied the applicant shall be allowed a reasonable time, not exceeding 30 days, within which to comply, and the refusal or neglect of the applicant to comply within that period is cause for denial of the application. [Amended by 1973 c.243 §1; 2005 c.22 §441]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.050 - Renewal of bakery license; transfer of license.

Each bakery license may be renewed annually by paying to the State Department of Agriculture the required annual license fee. The license is not transferable to any person or applicable to any location other than that for which originally issued. [Amended by 1989 c.253 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.055 - Additional users of bakery; fees; rules.

(1) The State Department of Agriculture may issue licenses under ORS 625.030 to one or more additional users of a bakery that is licensed primarily for operation by another person. A license issued to an additional user of the bakery shall cover all operations at that bakery by the person licensed. Regardless of the number of persons licensed to use a bakery, the department may not recognize more than one person as the primary operator of the bakery.
(2) The department may assess a license fee to an additional user of a bakery, calculated as provided in rules adopted under ORS 625.180. In calculating license fees as provided under ORS 625.180, the gross sales by an additional user of a bakery are independent of the gross sales by any other user or the primary operator of the bakery.
(3) Notwithstanding ORS 625.050, the department may adopt rules to establish the license expiration, renewal and application dates for additional users of a bakery.
(4) The department may adopt rules to determine the responsibilities of a bakery’s primary operator and additional users of the bakery under requirements prescribed by the department as provided under ORS 625.150.
(5) A recognized primary operator of a bakery shall notify the department upon the expiration or termination of the rental or lease of the bakery by an additional user of the bakery.
(6) Subsections (1) to (5) of this section do not apply to a bakery located in an area that is part of a domestic kitchen. [2007 c.645 §10; 2012 c.64 §29]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.060 - Cancellation and suspension.

The State Department of Agriculture may cancel or suspend any bakery license if it finds after proper investigation that:
(1) The licensee has violated any provision of ORS 625.010 to 625.270 or of any other law of this state relating to the operation of bakeries or the manufacture or handling of any bakery product, or any regulation effective thereunder; or
(2) The licensed bakery premises or any equipment used therein or in connection therewith is in an insanitary condition and the licensee has failed or refused to remedy the condition within 10 days after receipt from the department of written notice so to do.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.070 - Posting and surrender of certificate.

The operator of the licensed bakery shall keep the numbered license certificate posted conspicuously on the licensed premises. In the event of revocation or suspension of the license, the certificate shall be surrendered by the licensee to the State Department of Agriculture promptly upon demand.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.080 - Distributor’s license required.

No person shall engage within this state in the sale or distribution of any bakery product, other than exclusively as a retail food store or otherwise at retail at a fixed place or places of business, without holding a license so to do issued to that person by the State Department of Agriculture; but this does not affect the delivery of bakery products sold in a retail food store. A distributor’s license is not required of any person distributing solely bakery products manufactured by the person in a bakery licensed under ORS 625.010 to 625.270.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.090 - Application for distributor’s license; inspection of premises and equipment; issuance of certificate.

Application for a bakery distributor’s license shall be filed in writing with the State Department of Agriculture on the form prescribed and supplied by the department. After receipt of the application and the fees required by rules adopted under ORS 625.180, the department shall cause to be made a proper detailed inspection of the premises and equipment to be used by the applicant in distribution within this state of bakery products. If the department finds that the premises and equipment are or will be of a sanitary construction, design or condition and that the applicant has complied with and will be able to comply with ORS 625.010 to 625.270, the application shall be approved and there shall be issued to the applicant a numbered license certificate bearing the name and address of the licensee. [Amended by 2012 c.64 §31]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.100 - Grounds for refusing to issue or for revoking or suspending distributor’s license.

The State Department of Agriculture may refuse to issue or may revoke or suspend any distributor’s license by reason of the violation or participation of the distributor in a violation of ORS 625.010 to 625.270 or of any other law of this state relating or applicable to the sanitary handling, storage, packaging, sale, transportation or distribution of bakery products, or of any regulation effective thereunder.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.110 - Renewal of distributor’s license; transfer of license.

Each distributor’s license may be renewed annually upon written application to the State Department of Agriculture and payment of the required annual license fee for the following year. A distributor’s license is not transferable and is strictly personal to the person to whom issued. [Amended by 1989 c.253 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.120 - Display and surrender of certificate.

The distributor’s numbered license certificate shall be kept posted conspicuously at the licensee’s principal public place of business within this state. The licensee shall also cause to be displayed conspicuously on the outside of each vehicle used by the licensee in distribution of bakery products the statement "State Bakery Distributor’s License No.___," including the proper license number. In event of revocation or suspension of the license, the certificate shall be surrendered by the licensee to the State Department of Agriculture promptly upon demand.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.140 - Inspection of bakeries and vehicles.

The State Department of Agriculture shall cause to be made periodically a thorough inspection of each licensed bakery to determine whether or not the premises are constructed, equipped and operated in accordance with the requirements of ORS 625.010 to 625.270 and of all other laws of this state relating to bakeries or bakery products and all regulations effective thereunder. Such inspection shall also be made of each vehicle used by a bakery or distributor licensed under ORS 625.010 to 625.270 in transporting or distributing any bakery product within this state.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.150 - Sanitary regulations.

The State Department of Agriculture shall prescribe reasonable sanitation requirements, not inconsistent with existing laws or regulations issued thereunder, governing the storing, handling, mixing, preparation, processing, manufacture, transportation and distribution of bakery products, and the design, construction, installation, maintenance, use, care and cleaning of utensils and equipment used therein or in connection therewith. Upon promulgation of any such regulation, any violation thereof is punishable as provided in ORS 625.990 and 625.995. Any such regulation may be amended, altered or repealed by the department. [Amended by 1987 c.472 §8; 2009 c.175 §19]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.160 - Powers of department; rules.

(1) The State Department of Agriculture has the powers necessary to enable it to carry out the provisions of ORS 625.010 to 625.270. The department may adopt rules necessary to carry out the provisions of ORS 625.010 to 625.270, and may amend or repeal the rules.
(2) Such rules shall include, but not be limited to, the following:
(a) The location of advertising, lettering, wording or figures that appear on a bakery product container and the minimum contents thereof.
(b) The size, form and method of printing to be used in labeling.
(c) Standards of identity, standards of weight and standards of quality for bakery products which shall be compatible with the federal standards of identity and quality for bakery products. [Amended by 1969 c.192 §2; 1975 c.265 §1; 1987 c.472 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.190 - Disposition of fees.

All fees received by the State Department of Agriculture under ORS 625.010 to 625.270 shall be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department for the purpose of carrying out ORS 625.010 to 625.270. [Amended by 1979 c.499 §25]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 625 - Bakeries and Bakery Products › Section 625.200 - Standard of weight for bread; sale of loaves of unauthorized weight prohibited; other products.

(1) Bread, manufactured, made or kept for the purpose of sale, offered or exposed for sale, or sold in the form of loaves, shall be of such a standard of weight as the State Department of Agriculture by rule may prescribe.
(2) For the purpose of this section bread shall be deemed to be in the form of loaves, whether or not the loaf is wrapped, or whether transparent or other wrapping is used, or whether or not the loaf is sliced, and shall be deemed to be in package form when wrapped, and shall be labeled with the net weight and such other labeling as may be required by rules promulgated by the department under the authority granted in ORS 625.160.
(3) No person shall manufacture, make, procure or keep for the purpose of sale, offer or expose for sale, or sell bread in the form of loaves which does not conform to the weights specified by rule.
(4) This section does not apply to biscuits, buns, crackers, rolls, cakes or cookies, which, when sold or offered for sale, shall be sold either by net weight or numerical count, and when in package form shall be marked plainly as to the net weight or numerical count, except that packages containing more than 12 shall be labeled with the net weight. [Amended by 1953 c.657 §2; 1959 c.370 §2; 1969 c.192 §3; 1987 c.472 §3]