reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.695 - Definitions for ORS 616.695 to 616.755.

As used in ORS 616.695 to 616.755, unless the context requires otherwise:
(1) "Department" means the State Department of Agriculture.
(2) "Dietary ingredient" means one or more of the following or a concentrate, constituent, extract or metabolite of one or more of the following:
(a) An amino acid;
(b) An herb or other botanical;
(c) A mineral;
(d) A dietary substance intended to supplement the human diet by increasing total dietary intake; or
(e) A vitamin.
(3) "Dietary supplement" means an article, not including any tobacco product, that:
(a) Is subject to dietary supplement labeling requirements under 21 C.F.R. 101.36;
(b) Is intended to supplement conventional food in the diet of humans and contains a dietary ingredient; and
(c)(A) Is intended for ingestion in tablet, capsule, powder, softgel, gelcap or liquid form; or
(B) Is not represented to be a conventional food or to be for use as the sole item of a meal or diet.
(4) "Food establishment" means:
(a) Any room, building, structure or place, used or intended for use, or operated for storing, preparing, compounding, manufacturing, processing, freezing, packaging, distributing, handling, salvaging or displaying food.
(b) The ground upon which such place or business is operated or used and so much ground adjacent thereto as is also used in carrying on the business of the establishment. The department may prescribe such additional area or places which, although they may not be contiguous or adjacent to the above area or establishment, may be included therein.
(c) Vehicles, machinery, equipment, utensils, tools, fixtures, implements, and all other articles or items, used in operating or carrying on the business of a food establishment.
(5) "Food" means any article used, or intended to be used, for food, ice, drink, confection, condiment or dietary supplement, whether simple or compound, or any part or ingredient thereof or in the preparation thereof, and for human consumption.
(6) "Salvaging" means the business of reconditioning, repacking, relabeling, cleaning or culling of foods that have been damaged or adulterated as a result of fire, storm, flood, water, smoke, chemicals or commercial transit accident. [1965 c.501 §1; 1975 c.389 §1; 1983 c.160 §3; 2017 c.42 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.700 - Department to enforce sanitation requirements for food and food establishments; rules.

The State Department of Agriculture shall enforce the provisions of ORS 616.695 to 616.755 and adopt rules necessary therefor in accordance with the applicable provisions of ORS chapter 183, to insure and verify that:
(1) Food establishments are constructed and maintained in a clean, healthful and sanitary condition. This shall include floors, walls, ceilings, doors, windows, lighting and ventilation, toilet and lavatory facilities, water supply, separation or partitioning of rooms, health and cleanliness of personnel, cleanliness and sanitation of surrounding premises, disposal of all waste and sewage material, insect and rodent control, construction and sanitation of equipment and utensils, and prohibition of pets therein. However, ORS 616.695 to 616.755 shall not be applied to prevent licensing and operation of a food establishment solely because such establishment is in an area which is part of and not separate from a domestic kitchen if the establishment is upon investigation by the department found to be constructed and maintained in a clean, healthful and sanitary condition.
(2) Food establishments maintain time and temperature controls, indicating and recording thermometers and indicating pressure gauges for pressure cookers and retorts, minimum temperature and time period standards for cooking foods, and other facilities necessary to carry out the intent and purpose of ORS 616.695 to 616.755.
(3) Food dispensed, transported, sold, held for sale, stored, salvaged or displayed, is not filthy, decomposed, putrid, unsafe, contaminated, deleterious to health, unfit, unwholesome, unclean, insanitary or diseased. [1965 c.501 §2; 1971 c.131 §1; 1975 c.389 §2; 1983 c.740 §233]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.708 - Additional users of establishment; fees; rules.

(1) The State Department of Agriculture may issue licenses under ORS 616.695 to 616.755 to one or more additional users of a food establishment that is licensed primarily for operation by another person. A license issued to an additional user of the food establishment shall cover all operations at that establishment by the person licensed. Regardless of the number of persons licensed to use a food establishment, the department may not recognize more than one person as the primary operator of the establishment.
(2) The department may assess a license fee to an additional user of a food establishment, calculated as provided in rules adopted under ORS 616.706. In calculating license fees as provided under ORS 616.706, the gross sales for an additional user of the food establishment are independent of the gross sales by any other user or the primary operator of the food establishment.
(3) Notwithstanding ORS 616.706, the department may adopt rules to establish the license expiration, renewal and application dates for additional users of a food establishment.
(4) The department may adopt rules to determine the responsibilities of a food establishment’s primary operator and additional users of the food establishment under ORS 616.700, 616.735 and 616.740.
(5) A recognized primary operator of a food establishment shall notify the department upon the expiration or termination of the rental or lease of the food establishment by an additional user of the establishment. The renting or leasing of a food establishment to a person licensed by the department as an additional user of the establishment or the expiration or termination of use by a person licensed as an additional user of the establishment does not, by itself, constitute the ceasing or discontinuance of operations or business at the food establishment by the primary operator or another additional user for purposes of ORS 616.706.
(6) Subsections (1) to (5) of this section do not apply to a food establishment located in an area that is part of a domestic kitchen. [2007 c.645 §5; 2012 c.64 §21]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.711 - Where licenses not required; when ORS 616.695 to 616.755 not applicable.

(1) No license or duplicate of a license, as prescribed in ORS 616.706, is necessary for food establishments where the principal activity is the receiving, storage, sorting, cleaning and packing of fresh fruits and vegetables.
(2) All provisions of ORS 616.695 to 616.755 other than licensing apply to food establishments set forth in subsection (1) of this section.
(3) The provisions of ORS 616.695 to 616.755 do not apply to:
(a) Restaurants, bed and breakfast facilities, intermittent temporary restaurants, seasonal temporary restaurants, single-event temporary restaurants, commissaries, vending machines and mobile food and beverage units licensed under ORS 624.010 to 624.121, 624.310 to 624.430 or those that are exempted under ORS 624.330.
(b) Food service facilities not preparing food for distribution to the public or to institutional facilities licensed and regulated by the Department of Human Services or the Oregon Health Authority.
(c) Shellfish operations licensed under ORS chapter 622.
(d) A person processing, manufacturing or packaging food for family use or consumption.
(e) Commercial transit salvage operations not involving sale of food to the general public. [1965 c.501 §4; 1973 c.423 §1; 1975 c.389 §4; 1982 s.s.1 c.4 §5; 1983 c.160 §4; 1987 c.226 §9; 2009 c.595 §996; 2011 c.664 §17]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.713 - Unauthorized food establishments.

(1) As used in this section:
(a) "Authorization" means a license, permit, certificate or other approval for the operation of a food establishment.
(b) "Food establishment" has the meaning given that term in ORS 616.695.
(2) In addition to any other authority granted to the State Department of Agriculture, including, but not limited to, condemnation or closure authority under ORS 632.705 to 632.815 or this chapter or ORS chapter 619, 621, 622, 624 or 625, the department may order the closure of a food establishment if:
(a) Department authorization for operation of the food establishment is required by law; and
(b) The authorization has not been obtained or has lapsed.
(3) Prior to ordering the closure of a food establishment under this section, the department shall give notice:
(a) As required under ORS 561.300, if the authorization to operate the food establishment has lapsed.
(b) As provided by a rule of the department that allows not less than 45 days for compliance, if an authorization to operate the food establishment has not been obtained.
(4) After providing the notice required under subsection (3) of this section and prior to ordering the closure of a food establishment under this section, the department shall give notice to the owner or operator of the food establishment that the authorization required for operating the food establishment has not been obtained or has lapsed. The department shall send the notice to the owner or operator by certified mail addressed to the last-known address of the person on file with the department or, if none, to the address of the food establishment. The date of mailing must be at least 30 days prior to any order issued by the department under this section for closure of the food establishment.
(5) Food establishments for which the department may issue an order for closure under this section include, but are not limited to, establishments for which department authorization is required under ORS 603.025, 616.706, 619.031, 621.161, 621.335, 622.080, 625.020, 625.080, 625.180, 628.220, 632.715, 632.730 or 635.027. [2019 c.387 §2]
Note:
616.713 was added to and made a part of ORS chapter 616 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.716 - When inspection authorized; ORS 616.695 to 616.755 in addition to other laws.

(1) The State Department of Agriculture may inspect the applicant’s food establishment and shall not issue a license until or unless such establishment is in compliance with the provisions of ORS 616.695 to 616.755 and regulations promulgated thereunder.
(2) The provisions of ORS 616.695 to 616.755 are in addition to and not in lieu of all other laws relating to food and to food establishments. [1965 c.501 §5; 1975 c.389 §5; 2001 c.104 §242]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.718 - Waiver of routine inspection; rules.

(1) Notwithstanding ORS 616.700, the State Department of Agriculture may adopt rules waiving routine inspection for one or more types of food establishment if:
(a) The food establishment operations licensed under ORS 616.706 consist solely of selling prepackaged foods and beverages produced by a commercial food manufacturer or processor;
(b) The selling of food or beverages is not a major business activity of the food establishment as defined by the department; and
(c) In the opinion of the department, waiving the routine inspection does not present a significant risk to the public.
(2) A food establishment for which the department waives routine inspection as provided under subsection (1) of this section remains subject to inspection at the discretion of the department. [2011 c.127 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.721 - Exemption from ORS 616.695 to 616.755 for federally inspected establishments.

(1) Except as provided in subsection (5) of this section, the provisions of ORS 616.695 to 616.755 do not apply to a food establishment that is subject to and is being inspected by a federal agency.
(2) To be exempt from the provisions of ORS 616.695 to 616.755 as set forth in subsection (1) of this section, a person shall file an application for such exemption on forms prescribed by the State Department of Agriculture.
(3) An applicant for renewal of a license, or any person operating under an exemption approved by the department, shall file an application for exemption with the department prior to December 15 of each year, covering the subsequent year of operation.
(4) An applicant to operate a new food establishment shall file an application and receive approval thereof, if any, prior to starting such business.
(5) Unless exempt from licensing as provided in ORS 616.711, food establishments exempt from certain provisions of ORS 616.695 to 616.755 as authorized in this section, shall be subject to the provisions of ORS 616.706 and shall be required to obtain and maintain licenses thereunder. [1965 c.501 §6; 1975 c.389 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.726 - City regulation of food and food establishments authorized; department to examine city regulation for adequacy.

(1) The provisions of ORS 616.695 to 616.755 do not prohibit any city from enacting and enforcing any ordinance establishing a system, program, inspection services and licensing thereunder, within the corporate limits or boundaries thereof, which carries out the purposes and intent of ORS 616.695 to 616.755, if the same is at least equal to the provisions of ORS 616.695 to 616.755 and regulations promulgated thereunder. A copy of each such ordinance, including any amendment thereof, shall be forwarded by the city to the State Department of Agriculture.
(2) Not less than once each two years the department shall investigate the ordinance and determine if it meets the requirements and standards of subsection (1) of this section and if such system, program and inspections thereunder are being properly carried out and enforced. If the department finds such program, system and inspections do not meet these requirements and standards, it shall give written notice of such finding to the chief administrative officer of the city.
(3) If the department thereafter finds, not less than 30 days after the date of giving notice, that such system, program and inspections continue to fail to be enforced properly or are not carrying out the intent and purposes of ORS 616.695 to 616.755, the department shall make a finding to that effect and thereupon the provisions of ORS 616.695 to 616.755 shall become applicable to all persons and food establishments within the corporate limits of such city. [1965 c.501 §7; 1975 c.389 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.731 - Deposit and use of fees and money.

The State Department of Agriculture shall deposit all fees paid to it under this chapter in the Department of Agriculture Service Fund. Such fees are continuously appropriated to the department for the purpose of administering and enforcing the provisions of this chapter. [1965 c.501 §8; 1975 c.389 §8; 1979 c.499 §20]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.735 - When insanitary conditions exist.

A food establishment shall be considered unclean, unhealthful and insanitary if:
(1) Food in the food establishments is not protected from adulteration as defined in ORS 616.235, as required by the State Department of Agriculture;
(2) The refuse, dirt and waste products, subject to decomposition or fermentation incident to the operation of the food establishment are not removed as required by the department;
(3) All trunks, trays, boxes, baskets, buckets, or other receptacles, chutes, platforms, racks, troughs, shelves and all knives, saws, cleavers and other utensils and machinery used in operation of the food establishment are not thoroughly cleaned as required by the department;
(4) Proper toilet and lavatory facilities are not provided for employees, or not maintained and kept in a clean and sanitary condition; or
(5) The clothing and persons of operatives, employees, clerks or other persons therein employed are unclean. [Amended by 1975 c.389 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.740 - Condemnation where insanitary conditions exist.

(1) Whenever the State Department of Agriculture determines that any floor, sidewall, ceiling, locker, closet, furniture, receptacle, implements or machinery of any food establishment is kept in an unclean, unhealthful or insanitary condition, the department shall:
(a) Notify the owner or person in charge of such food establishment that such food establishment shall not be used for such purposes until it is put in a sanitary condition by making the changes ordered by the department in the notice; and
(b) Post a notice upon the food establishment found in an unclean, unhealthful or insanitary condition, to the effect that it is condemned for further use on account of the unclean, unhealthful or insanitary condition.
(2) The notice shall not be removed from any such food establishment until the same has been put in a sanitary condition. A continued use of such food establishment without making the changes ordered, or unauthorized removal of the notice is a violation of this section. [Amended by 1975 c.389 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.745 - Handling of food by diseased persons prohibited; rules.

(1) The Oregon Health Authority may, by rule, define certain communicable diseases which may be spread to the public through the handling of food in food establishments.
(2) No owner or employer shall require, permit or suffer any person to work, nor shall any person work, in a food establishment who is affected with a disease described in subsection (1) of this section. [Amended by 1973 c.829 §55; 1975 c.389 §11; 2009 c.595 §997]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.750 - Procedure where food handler suspected of disease.

If the State Department of Agriculture for reasonable cause believes that any person working in any food establishment is affected with any infectious or contagious disease, the department may require the person to be examined by a competent physician, naturopathic physician, physician assistant or nurse practitioner and that the physician, naturopathic physician, physician assistant or nurse practitioner furnish the department with a certificate stating whether the person is affected with any infectious or contagious disease. If within five days after so required the person has not furnished the department with such a certificate by a competent physician, naturopathic physician, physician assistant or nurse practitioner, the person is guilty of a violation of ORS 616.745 and the department may apply to the circuit court to enjoin the person from continuing to work in the food establishment until the certificate is furnished. The circuit court hereby is authorized to issue the injunction. [Amended by 1975 c.389 §12; 2014 c.45 §70; 2017 c.356 §80]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.755 - Securing information from health officers.

The State Department of Agriculture may, for the purpose of enforcing the provisions of ORS 616.745 and 616.750, request information from any city, county or state health officer, bureau, board or commission within Oregon. Such officer, bureau, board or commission, when so requested, shall furnish the department any and all information which the officer, bureau, board or commission may have.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.761 - Standards of identity and quality for olive oil; prohibition of imitation olive oil; rules.

(1) As used in this section, "olive oil" means oil derived from the fruit of the species Olea europaea L.
(2) The State Department of Agriculture shall adopt rules under ORS 616.205 to 616.385 establishing standards of identity and quality and labeling requirements for olive oil sold in this state including, but not limited to, standards and requirements for ordinary virgin oil, virgin oil, extra virgin oil and olive-pomace oil and definitions, requirements and prohibitions regarding imitation olive oil. In establishing or amending standards and requirements under this section, in addition to the definitions and standards described under ORS 616.230 and 616.325, the department shall give consideration to any definitions and standards used by a federal agency, another state or an organization administering a regional, multiregional, national or international agreement on olive oil. [2009 c.564 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.766 - Standards of identity and quality for honey; labeling requirements; rules.

The State Department of Agriculture shall adopt rules under ORS 616.205 to 616.385 establishing standards of identity and quality and labeling requirements for honey sold in this state. In establishing or amending standards and requirements under this section, in addition to the definitions and standards described under ORS 616.230 and 616.325, the department shall give consideration to any definitions and standards used by a federal agency, another state or an organization administering a regional, multiregional, national or international agreement on honey. [2011 c.124 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.775 - Definitions for ORS 616.775 to 616.790.

As used in ORS 616.775 to 616.790 unless the context requires otherwise:
(1) "Bread," "rolls" and "buns" have the same meaning as they have in ORS 625.212.
(2) "Flour," "white flour," "wheat flour," "plain flour," "bromated flour," "self-rising flour," "self-rising white flour," "self-rising wheat flour," "phosphated flour," "phosphated white flour" and "phosphated wheat flour" have the same meaning as they have in the definitions and standards promulgated by the State Department of Agriculture pursuant to ORS 616.780 and 625.160.
(3) "Macaroni products," "vegetable macaroni products," "macaroni products made with nonfat milk," "noodle products" and "vegetable noodle products" have the same meaning as they have in the definitions and standards promulgated by the State Department of Agriculture pursuant to ORS 616.780.
(4) "Enriched" as applied to any of the flours, macaroni products and noodle products defined in subsections (2) and (3) of this section means the addition of the vitamins, minerals and other nutrients necessary to make that food conform to the definition and standards for enriched flour, enriched macaroni products and enriched noodle products promulgated by the State Department of Agriculture pursuant to ORS 616.780 and 625.160. [1971 c.176 §5; 1975 c.265 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.780 - Standards of identity or quality for flours, macaroni and noodle products.

The State Department of Agriculture shall adopt and promulgate standards of identity or standards of quality for flours, macaroni products and noodle products pursuant to the provisions of ORS 616.230 for those flours, macaroni products and noodle products for which definitions and standards have been promulgated by authority of the United States. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated by authority of the United States and may not be inconsistent with definitions and standards promulgated by such authority. The department shall periodically amend its definitions and standards so as to keep in harmony as far as practicable with the definitions and standards promulgated by authority of the United States. The other applicable provisions of ORS 616.205 to 616.385 shall apply to such flours, macaroni products and noodle products and to any standards of identity or quality promulgated hereunder. [1971 c.176 §4; 2001 c.320 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.785 - Sale of unenriched flours, macaroni or noodle products prohibited; certain products exempted.

(1) It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale for human consumption any of the flours, macaroni products or noodle products specified in ORS 616.775 (2) and (3) unless they are enriched.
(2) Subsection (1) of this section does not apply to flours sold to distributors, commercial bakers or other processors if such flours will be:
(a) Resold to a distributor, commercial baker or other processor;
(b) Used in the manufacture, mixing or compounding of:
(A) Enriched flour, enriched macaroni products or enriched noodle products; or
(B) Bread, buns and rolls described in ORS 625.215; or
(c) Used in the manufacture of a cookie, biscuit or cracker. [1971 c.176 §6; 2011 c.65 §2; 2011 c.66 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.790 - Enforcement of ORS 616.775 to 616.790 by department; inspection; sampling; failure to permit inspection; rules.

(1) The State Department of Agriculture shall enforce ORS 616.775 to 616.790 and 616.992 and shall have, in connection therewith, all the powers conferred and imposed on it by law and any other powers necessary or proper to enable it to enforce ORS 616.775 to 616.790 and 616.992.
(2) For the purpose of ORS 616.775 to 616.790 and 616.992 the State Department of Agriculture, or such officers or employees of the department as are designated, is authorized:
(a) To take food samples for analysis;
(b) To conduct examinations and investigations;
(c) To enter at reasonable times any factory, mill, bakery, warehouse, shop or establishment where any flour, bread, rolls, buns, macaroni products or noodle products specified in ORS 616.780 are manufactured, processed, packed, sold or held, or any vehicle being used for the transportation thereof;
(d) To inspect any such place or vehicle and any flours, breads, rolls, buns, macaroni products or noodle products specified in ORS 616.780, and all pertinent equipment, materials, containers and labeling; and
(e) To make reasonable rules and regulations to carry out ORS 616.775 to 616.790, 616.992, 625.160, 625.212 and 625.215, subject to the applicable provisions of ORS chapter 183. Such rules and regulations shall be published as provided by ORS 561.190.
(3) Refusal to furnish authorized officers and employees of the State Department of Agriculture, upon demand either personal or in writing, with a sufficient sample for analysis of any food product specified in subsection (2) of this section after tender of the market price therefor is prima facie evidence that such food is not enriched as required. [1971 c.176 §7; 1973 c.227 §25; 1975 c.265 §4; 2003 c.14 §365]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.805 - Definitions for ORS 616.800 to 616.835 and 616.994.

As used in ORS 616.800 to 616.835 and 616.994, unless the context requires otherwise:
(1) "Food" means any substance used or intended to be used for human consumption as food, drink or condiment.
(2) "Open date" means a date clearly visible to retail consumers showing the pull date, packing date or other date described in ORS 616.835 (2).
(3) "Packing date" means the date specifying the time a perishable food was packaged in its final form for sale to the consumer.
(4) "Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. "Perishable food" includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, and foods that have been packaged or refrigerated. ORS 616.800 to 616.835 and 616.994 shall not apply to fresh fruits or vegetables or to foods that have been canned or frozen.
(5) "Pull date" means, whichever is earlier, the date specifying the time:
(a) The perishable food manufacturer, processor or packager recommends that a perishable food should be removed from retail sale, allowing the consumer time for normal home consumption or use under proper care and storage conditions; or
(b) A perishable food should no longer be offered for sale or sold as fresh. A perishable food shall be considered fresh only so long as significant changes in appearance, taste, odor, nutritional value, or other indicia of quality or fitness for human consumption have not taken place or are not likely to have taken place under generally accepted food handling practices for that particular food. [1973 c.173 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.815 - Open date labeling required for packaged perishable food sold at retail.

No person shall sell or offer for sale at retail any packaged perishable food unless the package bears a clearly marked, printed or stamped label showing the open date for the perishable food in the package. Such label shall be so designed and placed as to be clearly visible to the consumer. [1973 c.173 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.820 - Label required to be affixed to package not later than time of delivery to retail seller.

(1) The perishable food manufacturer, processor or packager shall affix, print or stamp the label required by ORS 616.815 to the perishable food retail package and to all closed shipping cartons, containers or wrappers of such perishable food packages not later than the time of delivery of the perishable food packages to the retail seller.
(2) No perishable food manufacturer, processor or packager shall fail to comply with subsection (1) of this section. [1973 c.173 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.825 - Sale of perishable food after expiration of pull date prohibited; exceptions; time for removal of packages with expired pull dates.

(1) No person shall sell or offer for sale at retail any packaged perishable food after the expiration of the open pull date appearing on the label of the package or container unless:
(a) The package has been separated from packages of perishable food with open pull dates that have not expired;
(b) Each such package or group of packages is clearly identified in retail display as having an expired open pull date; and
(c) The food is fit for human consumption according to applicable state and federal law.
(2) Notwithstanding the provisions of this section, a vendor shall be allowed the first eight business hours after the expiration of the open pull date within which to remove all packages with an expired pull date. [1973 c.173 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.830 - Altering labels or using nonconforming labels prohibited.

No person shall:
(1) Alter, deface or remove the open date from any perishable food retail or shipping package carton, container or wrapper.
(2) Label any perishable food retail or shipping package carton, container or wrapper in a manner that does not conform to the rules promulgated pursuant to ORS 616.835. [1973 c.173 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.835 - Rulemaking authority.

In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture, in consultation with the industries affected, shall promulgate rules to carry out ORS 616.800 to 616.835 and 616.994. Such rules shall include, but are not limited to:
(1) Establishing which particular foods are subject to ORS 616.800 to 616.835 and 616.994.
(2) Establishing which one or more of the following types of open date is to be used for particular groups or classes of perishable foods:
(a) The packing date.
(b) The pull date.
(c) The date on which fowl, including chickens, fryers, turkeys, ducks, geese and other domesticated birds, are killed or slaughtered to be processed into perishable food.
(3) Specifying the size, content and form of the labeling information required by ORS 616.800 to 616.835 and 616.994.
(4) Exempting from the operation of ORS 616.800 to 616.835 and 616.994 those perishable foods for which open date labeling would be:
(a) Impractical or not meaningful because of the size of the package or the nature of the perishable food;
(b) Possibly unconstitutional as interference with the free movement of goods in interstate commerce. [1973 c.173 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.850 - Definitions for ORS 616.850 to 616.890.

As used in ORS 616.850 to 616.890, unless the context requires otherwise:
(1) "Consumer commodity" means any of the following items:
(a) Food, including all material, solid, liquid or mixed, whether simple or compound, used or intended for consumption by human beings or domestic animals normally kept as household pets, and all substances or ingredients to be added thereto for any purposes;
(b) Paper products, including napkins, towels, facial tissues, toilet tissues, disposable plates and cups;
(c) Wrapping products, including those made of paper, plastic and aluminum; and
(d) Soaps, detergents, cleaning aids, deodorizing aids, waxes and wax removers, disinfectants, polishes and polish removers, bleaches, scouring pads and all other laundry and household cleaning products.
(2) "Grocery store or food market" means any retail establishment or department thereof:
(a) That sells consumer commodities, the gross annual receipts from the sale of which is $1.5 million or more; and
(b) That is part of a chain system or contracts with a supplier or cooperative that utilizes common purchasing, warehousing or distribution facilities, if the chain, cooperative or supplier has computer hardware for inventory control, ordering or pricing labels.
(3) "Package" means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers.
(4) "Unit retail price" means the retail price of the contents of a package of any consumer commodity, expressed in terms of the retail price of such contents per single whole unit of weight, volume, measure or count, computed to the nearest 10th of a cent when less than $1 and to the nearest cent when $1 or more. [1977 c.181 §3; 1979 c.827 §1; 2007 c.71 §185]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.855 - Items exempt from unit pricing requirements.

ORS 616.850 to 616.890 do not apply to:
(1) Fresh fruits and vegetables.
(2) Products sold in quantities of one avoirdupois ounce, or 28.35 grams or one fluid ounce, or less.
(3) Packaged consumer commodities that may be lawfully sold only upon the written or oral direction of a licensed practitioner. As used in this subsection, "practitioner" has the meaning for the term provided in ORS 689.005.
(4) Alcoholic beverages that are subject to the Federal Alcohol Administration Act.
(5) Tobacco, cosmetics and personal care products, hardware and household equipment.
(6) Products sold in one size limit only, or in such manner that the State Department of Agriculture determines that no comparison is meaningful.
(7) Consumer commodities sold for immediate consumption on the premises.
(8) Patent or proprietary medicines.
(9) Products sold through coin-operated vending machines or products sold by manual distribution from mobile catering units to individual consumers. [1977 c.181 §4; 1979 c.777 §57; 1979 c.785 §6; 1979 c.827 §4; 2009 c.175 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.860 - Unit pricing of packaged consumer commodities required; explanation to consumers.

(1) Except as provided in ORS 616.855 and 616.865, no person shall sell or offer for retail sale at a grocery store or food market any packaged consumer commodity unless there is clearly displayed upon the commodity package or at a place in reasonable proximity to where the commodity is offered for sale a statement of the unit retail price of the commodity pursuant to ORS 616.870 and the total retail price of the commodity.
(2) If the tag, stamp, sign or label used to display the unit retail price is not affixed directly to the consumer commodity, the tag, stamp, sign or label shall also contain the brand name and the quantity or size of the product by weight, measure or count.
(3) Whenever the State Department of Agriculture adopts administrative rules under ORS 616.875 wherein formats and methods to explain unit pricing are prescribed, such explanations of the use of unit pricing shall be provided and displayed by each grocery store. [1977 c.181 §5; 1979 c.827 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.865 - Temporary sale items exempt.

When a packaged consumer commodity is sold or offered for sale at retail at a price lower than the price at which the commodity is regularly sold or offered for sale, the retail seller is exempt from the requirements of ORS 616.860 (1) as to such commodities unless the lower price is to be in effect for more than 30 consecutive business days. [1977 c.181 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.870 - Prescribed pricing by units of measurement.

Retail sellers of packaged consumer commodities shall express unit retail price statements in terms of the price per single whole unit of weight, volume, measure or count as prescribed by administrative rules adopted by the State Department of Agriculture under ORS 616.875 for particular consumer commodities or groups for consumer commodities. [1977 c.181 §7; 1979 c.827 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.875 - Rules; retail establishments presumed subject to unit pricing until exempted by department.

(1) In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture may promulgate rules for the administration and enforcement of the provisions of ORS 616.850 to 616.890.
(2) A retail establishment or department thereof shall be considered to have gross annual receipts from the sale of consumer commodities of $1.5 million or more as described in ORS 616.850 (2), unless the establishment demonstrates to the department that it does not. The determination of the director shall be deemed a final order not in a contested case for purposes of judicial review under ORS chapter 183. [1977 c.181 §8; 2009 c.175 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.880 - Written warning notice for minor violation.

Nothing in ORS 616.850 to 616.890 shall be construed as requiring the State Department of Agriculture to cite incidental or minor violations of ORS 616.860 to 616.870 whenever the department believes that the public interest will be served adequately in the circumstances by issuance of an alleged written warning notice. Each such notice issued shall include the name and address of the grocery store or food market, the date of the notice issuance, a description of the alleged violation and a statement of the penalties for a continued course of violation. [1977 c.181 §9; 2009 c.175 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.894 - Local plastic straw laws.

A local government or municipality may not, after June 13, 2019, enact an ordinance, resolution, regulation, rule or other law with requirements that differ from the provisions set forth in ORS 616.892. [2019 c.362 §2]
Note:
See note under 616.892.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.902 - Use of consumer-owned containers.

(1) As used in this section:
(a) "Beverage" means a liquid for drinking, including water.
(b) "Food" means a raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
(c) "Restaurant" has the meaning given that term in ORS 624.010.
(2) The Oregon Health Authority shall adopt rules allowing for a restaurant to allow a consumer to fill a consumer-owned container with food. [2023 c.74 §1]
Note:
616.902 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 616 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note:
Section 2, chapter 74, Oregon Laws 2023, provides:
Sec. 2.
The Oregon Health Authority shall adopt rules under section 1 of this 2023 Act [616.902] that take effect no later than June 30, 2024. [2023 c.74 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.910 - Donations of meat; rules.

The State Department of Agriculture shall adopt rules allowing donations to charitable organizations, including low-income nutritional centers, and to other organizations that offer food for noncommercial purposes, of meat that is:
(1) Processed by a person licensed by the department under ORS chapter 603 to slaughter meat animals and subject to federal meat inspection.
(2) Processed under a federally approved program of state inspection for the processing and sale of meat products from amenable species, as described in ORS 619.042.
(3) Processed at a custom processing establishment, or slaughtered at a custom slaughtering establishment, pursuant to ORS 619.010 to 619.026 and 619.036 to 619.066. [2023 c.153 §1]
Note:
616.910 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 616 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 616 - General and Miscellaneous Provisions › Section 616.990

[Subsection (2) of 1959 Replacement Part renumbered as part of 561.990; subsection (3) enacted as 1961 c.637 §16; 1965 c.107 §3; subsection (10) enacted as 1971 c.176 §9; repealed by 1973 c.227 §26]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.992 - General criminal penalty.

The violation of any provisions of this chapter or of any rule adopted under this chapter is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense. [1973 c.227 §28; 2009 c.11 §79; 2009 c.175 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.994 - Criminal penalty for open date labeling law violations.

Violation of any provision of ORS 616.800 to 616.835 or of any rule promulgated pursuant thereto is a Class B misdemeanor. [1973 c.173 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 616 - General and Miscellaneous Provisions › Section 616.997 - Civil penalties; rules; hearing; disposition of moneys.

(1) In addition to any penalty available under ORS 561.190, 616.992 or 616.994, the State Department of Agriculture may impose a civil penalty for a violation of this chapter, of rules, regulations or standards adopted under this chapter or of an order issued under ORS 616.713. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.
(2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.
(3) When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.
(4) Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 §12; 2019 c.387 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 618 - Weights and Measures › Section 618.016 - Policy.

It is the express intent and purpose of ORS 618.010 to 618.246 and 618.991 to establish statutory authority for the administration, regulation and enforcement of weights and measures requirements generally within this state. The objectives of state supervision of weights and measures under ORS 618.010 to 618.246 include the following:
(1) Ensuring that weights and measures in commercial service within the state are suitable for their intended use, properly installed and accurate and are so maintained by their owner or user.
(2) Preventing unfair dealing by weight or measure in any commodity or service advertised, packaged, sold or purchased within this state.
(3) Making available to all users of physical standards or weighing and measuring equipment the precision calibration and related metrological certification capabilities of the weights and measures facilities of the State Department of Agriculture.
(4) Promoting uniformity, to the extent such conformance is practicable and desirable, between weights and measures requirements of this state and those of other states and federal agencies.
(5) Encouraging desirable economic growth while protecting the consumer through the adoption by rule of weights and measures requirements as necessary to ensure equity among buyers and sellers. [1973 c.293 §3; 2005 c.22 §414]