reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.160 - Signed statement to be attached to shellfish consignment.

No dealer shall send or accept any shellfish without a signed statement attached showing:
(1) The name of the consignor.
(2) The name of the consignee.
(3) The number of the consignor’s certificate of shellfish sanitation issued at the point of origin and the date of harvesting or packing, if the consignor is required by law to have a certificate of shellfish sanitation.
(4) The source of the shellfish and the fact of certification of the source by the State Department of Agriculture or certification by a state whose shellfish program is indorsed by the United States Public Health Service, if such certification is required by law. [1955 c.331 §4; 1973 c.508 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.170 - Records of amount and source of shellfish.

Any dealer who gathers or receives shellfish from any source other than that designated in the certificate or certificates of shellfish sanitation shall keep accurate records of the amount and source of such shellfish, which records shall be retained for at least 90 days. The State Department of Agriculture shall have access to these records for inspection. [1955 c.331 §5; 1973 c.508 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.175 - Contract with State Police for enforcement.

The State Department of Agriculture may contract with the Department of State Police, using such funds as may be available therefor from fees paid to the Department of Agriculture Service Fund pursuant to ORS 622.080, for enforcement of the provisions of ORS 622.010 to 622.180. [1993 c.720 §7b]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.180 - Powers of department; rules; inspections; samples; condemnation.

For the protection of the public health, the State Department of Agriculture shall have the following powers and all powers necessary and proper to insure sanitary conditions in the production and distribution of shellfish:
(1) The department shall have power to make rules necessary to enforce the provisions of this chapter. These rules shall at least include the water quality of growing areas, quality of market shellfish, water supply, sewage and waste disposal, drainage, plumbing, building construction, boat and barge sanitation, the handling, storage, construction and maintenance of equipment, lighting and ventilation, insect and rodent control, garbage and refuse disposal, shell disposal, cleanliness of premises, handling, storage and refrigeration of shellfish and the marking of certificate numbers and dating codes on all containers. The department also, by rule, may add to the definition of shellfish, and subject to regulation under ORS 622.010 to 622.180, any aquatic animals regulated as shellfish under the federal National Shellfish Sanitation Program.
(2) The department shall have power:
(a) To inspect any dealer in every phase and locale of operation.
(b) To take samples of any shellfish for bacteriological and toxicity study.
(c) To condemn or remove from sale and destroy any shellfish which are unfit for human consumption, or are from an uncertified source, or are improperly certified.
(d) To issue certificates of shellfish sanitation in accordance with the provisions of this chapter. [1955 c.331 §2; 1973 c.508 §11; 1995 c.25 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.220 - Jurisdiction; rules; violations.

(1) The commercial cultivation of oysters, clams and mussels is declared to be an agricultural activity subject to the regulatory authority of the State Department of Agriculture. The department shall be the lead agency responsible for state administration of programs and policies relating to the commercial cultivation of oysters, clams and mussels.
(2)(a) The State Fish and Wildlife Commission has jurisdiction over all native oysters, clams and mussels in the waters of this state, but not cultivated oysters, clams and mussels in plats. The commission shall prescribe such rules for the protection of native oysters, clams and mussels and for the taking of native oysters and oyster spat shells subject to the commission’s jurisdiction as in the judgment of the commission is for the best interests of the resource.
(b) It is unlawful for any person to take native oysters, clams and mussels in violation of the rules adopted by the commission. [Formerly 509.425; 1997 c.375 §2; 2005 c.22 §436; 2017 c.711 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.230 - Conversion of plantations to plats; fees.

All plats, rights, claims and plantations, and leases lawfully held for such plats, rights, claims and plantations that exist upon the passage of this 1969 Act shall be converted to plats, shall be filed with the State Department of Agriculture by July 1, 1970, and shall:
(1) Include a legal description of the area applied for, specifying its acreage.
(2) Be accompanied by a map sufficient to permit the area applied for to be readily identified.
(3) Be accompanied by an application fee of $25 per plat. [Formerly 509.427; 2005 c.22 §437]
Note:
Legislative Counsel made no substitution in 622.230 for "the passage of this 1969 Act."
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.240 - Classifying lands for cultivation.

The State Department of Agriculture shall investigate and classify those state lands that are suitable for oyster, clam or mussel cultivation. The department shall consult with appropriate local, state and federal agencies to determine whether lands proposed by an applicant for oyster, clam and mussel cultivation are suitable for such shellfish cultivation. [Formerly 509.429; 1997 c.375 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.243 - Water quality pilot project.

(1) The State Department of Agriculture shall conduct a pilot project for increasing the frequency of water quality monitoring and analysis related to the closure and opening of shellfish harvesting on state lands classified as suitable for oyster, clam or mussel cultivation under ORS 622.240.
(2) In conducting the pilot project required by this section, the State Department of Agriculture shall consult with appropriate local and state agencies, representatives of the commercial shellfish industry and nongovernmental organizations, as necessary, to:
(a) Prioritize increasing water quality monitoring and analysis in areas where efforts for enhancing opportunities for the commercial cultivation of oysters, clams or mussels are in the highest demand; and
(b) Identify cost-effective methods, which may include the sharing of resources or information, for increasing the frequency of water quality monitoring and analysis related to the closure and opening of shellfish harvesting. [2017 c.711 §3]
Note:
622.243 and 622.246 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 622 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 622 - Shellfish › Section 622.246 - Purpose of water quality monitoring and analysis.

The Legislative Assembly finds and declares that it is the purpose of the pilot program established by ORS 622.243 to expand on the valuable work completed through the pilot project by the State Department of Agriculture authorized under section 7, chapter 814, Oregon Laws 2015, to increase the frequency of water quality monitoring and analysis related to the closure and opening of shellfish harvesting in Tillamook Bay. [2017 c.711 §2]
Note:
See note under 622.243.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.248 - Preapplication conferences.

(1) A prospective applicant for the cultivation of oysters, clams or mussels shall, no later than 30 days prior to filing an application under ORS 622.250, participate in a preapplication conference with the State Department of Agriculture and other appropriate local, state and federal agencies.
(2) Not less than 14 days before the preapplication conference, the prospective applicant must provide the department with adequate information to prepare for the preapplication conference.
(3) At the preapplication conference, the department and other appropriate local, state and federal agencies shall:
(a) Inform the prospective applicant of statutes, administrative rules, local ordinances and any other requirements that may apply to the application;
(b) Based on the information provided by the prospective applicant and other annual production data and information available to the department, discuss with the prospective applicant projected revenue data and related matters; and
(c) Assist the prospective applicant by identifying known issues that may affect the likelihood that the prospective applicant will be able to meet any conditions placed on required permits from state agencies and local governments.
(4) The prospective applicant may request additional preapplication consultation with the department. [2019 c.654 §4]
Note:
622.248 was added to and made a part of 622.210 to 622.360 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 622 - Shellfish › Section 622.250 - Application for new plats; fee; notice.

(1) Applicants for new oyster plats, in addition to submitting an application in compliance with ORS 622.230 (1) and (2) and the submission of a fee of $250 per plat, shall cause notice of the application to be published once a week for two consecutive weeks in a newspaper of general circulation in each county where any area applied for, or any part thereof, is located. The notice must state the name of the applicant and the type of operation the applicant proposes to conduct and must describe the area to be planted with oysters.
(2) Not later than the 90th day after publication of the notice referred to in subsection (1) of this section, and upon finding that the notice complied with the requirements of subsection (1) of this section, the State Department of Agriculture may grant to the applicant the area applied for if the area is known to be available and if the department has classified the area as suitable for oyster cultivation.
(3) If the application referred to in this section is denied, the department shall provide the applicant with a written statement explaining the reason for the denial.
(4) Any person who holds an oyster plantation claim or plat that was in effect on June 1, 1997, may submit to the department an application to cultivate clams or mussels on not more than 20 percent of the lands subject to the claim or plat, but not less than one acre. Any such application must be in compliance with ORS 622.230 (1) and (2) and be accompanied by a fee of $250 for each such claim or plantation. [Formerly 509.431; 1997 c.249 §189; 1997 c.375 §4; 2005 c.22 §438]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.260 - Copies of laws to be available.

The State Department of Agriculture shall cause copies of the provisions of ORS 622.230 and 622.250 to be made available at the courthouse of each county in which an applicant’s approved plat, or part thereof, is located. [Formerly 509.433]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.270 - Reports of cultivators.

(1) Any person cultivating oysters, clams or mussels on public or private land in this state shall file an annual report with the State Department of Agriculture before March 1 of each year showing the number of gallons, bushels or dozens of each species of oysters, or the number of pounds of each species of clams or mussels harvested by the person during the preceding calendar year. The report shall be made on forms provided by the department.
(2) Individually identifiable information procured by or furnished to the department in connection with obtaining data under this section is a trade secret under ORS 192.345 and is not subject to public disclosure under ORS 192.311 to 192.478. The department may use and disclose the information in aggregated form. [Formerly 509.436; 1997 c.375 §5; 2015 c.814 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.280 - Withdrawal of unproductive lands.

(1) If, for a period of three years after the filing of a plat under chapter 675, Oregon Laws 1969, more than one-half the lands claimed are unproductive, the State Department of Agriculture may withdraw from a claimant and consider abandoned any portion of the unproductive lands claimed by such claimant. However, the reason for such unproductiveness shall not include restrictions by governmental health authorities, the unavailability of seed or infestation by pest or disease.
(2) The department may withdraw from a claimant and consider abandoned those lands:
(a) On which the claimant fails to pay the fees or use taxes referred to in ORS 622.290, unless the department is satisfied that there was reasonable cause for such failure.
(b) That are not marked in the manner provided by ORS 622.320.
(c) That are used or held for purposes other than oyster, clam or mussel cultivation. [Formerly 509.439; 1997 c.375 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.290 - Annual fees and taxes; rules.

(1) Persons using state lands for cultivating oysters, clams or mussels shall pay annual cultivation fees and use taxes quarterly to the State Department of Agriculture. Fees and taxes become delinquent 30 days after the end of the quarter.
(2) Use taxes shall be in the amount of 10 cents per gallon of oysters if sold by the gallon, 10 cents per bushel of oysters if sold in the shell by the bushel or one cent per dozen oysters if sold by the dozen.
(3) Use taxes shall be in the amount of one-half cent per pound of clams or mussels sold.
(4) The annual cultivation fee shall be established by department rule in an amount not to exceed $14 for each acre claimed pursuant to chapter 675, Oregon Laws 1969, or claimed pursuant to a plat made subsequent thereto.
(5) Annual cultivation fees and use taxes shall be assessed in lieu of property taxes, lease fees or rental charges for the use of lands upon which oysters, clams or mussels are grown and harvested. [Formerly 509.441; 1997 c.375 §7; 2003 c.14 §374; 2011 c.323 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.300 - Use of fees and taxes.

All moneys received by the State Department of Agriculture under ORS 622.290 shall be paid over to the State Treasurer and deposited in the Department of Agriculture Service Fund and be subject to ORS 561.144. All such moneys are appropriated continuously to the department to carry out the provisions of this chapter. [Formerly 509.451; 2011 c.323 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.310 - Effect on prior-acquired rights.

Except as required in ORS 622.270 for production reporting, nothing in ORS 506.036 and 622.210 to 622.310 affects any oyster cultivation right acquired prior to January 1, 1982, pursuant to chapter 675, Oregon Laws 1969. [1981 c.638 §12; 2015 c.814 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.320 - Plats as private property; restriction of public use of waters prohibited.

Any plats of lands for the cultivation of oysters, clams or mussels held by citizens of this state, if distinctly marked out by means which do not obstruct navigation, and not exceeding the extent allowed by regulations, shall be deemed and protected as private property. Such plats, however, shall not restrict the rights of the public to the use of the waters of this state in a normal and customary manner. [Formerly 509.455; 1997 c.375 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.330 - Private oyster beds acquired under prior law not affected.

Except as required in ORS 622.270 for production reporting, nothing in ORS 509.505, 511.625, 622.210 to 622.300 and 622.320 interferes with any rights in, or ownership of, any private plantations of oysters or oyster beds acquired or held under law existing on February 17, 1921. [Formerly 509.470; 2015 c.814 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.340 - Transfer by reference to filed plat; fee.

(1) Sales, leases, assignments, conveyances, relinquishments and other transfers of oyster plantations and claims, or parts thereof, or of plats for the cultivation of oysters, clams or mussels may be made by reference to the plat filed as provided in ORS 622.210 to 622.300 and 622.320. The heirs, successors, assignees and lessees of those plats are entitled to continued possession of such plats by compliance with ORS 622.210 to 622.300 and 622.320.
(2) A person proposing to sell, lease, assign, convey, relinquish or otherwise transfer an oyster plantation claim or a plat for the cultivation of oysters, clams or mussels shall provide the State Department of Agriculture notice of such transaction within 30 days of the effective date of the transaction.
(3) The filing of such a notice, if other than a relinquishment, shall be accompanied by a claim or plat certificate reissuance fee of $100 for each affected claim or plat.
(4) The failure to provide the notice required by subsection (2) of this section shall result in the department holding the lessor of record of the claim or plat responsible for compliance with the provisions of ORS 622.210 to 622.360 and all provisions of the lease grant certificate. [Formerly 509.495; 1997 c.375 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.350 - Prior claims, plats, transfers or debts unaffected.

Nothing in ORS 622.340 invalidates any claim or plat filed prior to June 14, 1939, or invalidates in any manner any transfers, debts or conveyances made prior to June 14, 1939, of oyster claims or lands made by reference to any filed claims or plats. [Formerly 509.500]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.360 - Cultivation does not affect ocean shore activities.

Nothing in ORS 622.210, 622.220, 622.240, 622.250, 622.270, 622.280, 622.290, 622.320 or 622.340 is intended to affect activities on the ocean shore, as defined in ORS 390.605. [1997 c.375 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.992 - Criminal penalty.

Violation of any provision of ORS 622.010 to 622.180 or the rules of the division promulgated under ORS 622.180 is a Class C misdemeanor. [1973 c.508 §13 (enacted in lieu of 622.990)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 622 - Shellfish › Section 622.996 - Civil penalties; rules; hearing; disposition of moneys.

(1) In addition to any penalty available under ORS 561.190 or 622.992, the State Department of Agriculture may impose a civil penalty for a violation of ORS 622.010 to 622.180 or of rules adopted under ORS 622.180. 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 §18]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.020 - License; rules; fee payment; denial, suspension and revocation of licenses; posting; nontransferability.

(1) A person may not operate a restaurant or bed and breakfast facility without a license to do so from the Oregon Health Authority.
(2) Application for the license shall be in writing in the form prescribed by the authority and shall contain the name and address of the applicant and any other information that the authority may require. The fee for a license is as provided in ORS 624.490. A license expires annually on December 31 or on such date as may be specified by authority rule.
(3) The Director of the Oregon Health Authority may suspend, deny or revoke any license for violation of any of the applicable provisions of ORS 624.010 to 624.121 or any rule adopted under ORS 624.010 to 624.121.
(4) Procedures for denial, revocation or suspension of a license are as provided in ORS chapter 183.
(5) The licensee shall post evidence of the license in public view at the customary entrance of the restaurant or bed and breakfast facility. A person other than the director may not deface or remove evidence of a license.
(6) A license is not transferable. The authority may not issue a refund representing any unused portion of a license. [Amended by 1953 c.177 §8; 1957 c.672 §2; 1971 c.661 §1; 1973 c.182 §1; 1975 c.526 §4a; 1975 c.607 §44; 1979 c.696 §11; 1983 c.352 §1; 1983 c.533 §6; 1987 c.226 §2; 1991 c.821 §1; 1995 c.578 §2; 2001 c.975 §4; 2003 c.309 §8; 2007 c.768 §32; 2009 c.595 §1000]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.025

[1957 c.672 §9; 1973 c.182 §2; 1973 c.824 §2; 1975 c.526 §5; 1979 c.696 §12; 1985 c.573 §1; 1991 c.821 §2; 1993 c.151 §2; 1995 c.578 §3; 2003 c.309 §9; renumbered 624.086 in 2007]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.029 - Disposition of fees.

All license fees collected under ORS 624.010 to 624.121 shall be paid into the General Fund in the State Treasury and placed to the credit of the Public Health Account and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 624.010 to 624.121. [Formerly 624.120]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.036 - Exemption of confection operations from license requirements; rules.

When the Oregon Health Authority determines that public health hazards are nonexistent, the authority may, by rule, exempt certain types of confection operations from the license requirements of ORS 624.010 to 624.121. [Formerly 624.027; 2009 c.595 §1001]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.038 - Exemptions from requirements of ORS 624.010 to 624.121.

The following are not subject to the requirements established under ORS 624.010 to 624.121 for restaurants, intermittent temporary restaurants, seasonal temporary restaurants or single-event temporary restaurants:
(1) An establishment where food is prepared and served by a fraternal, social or religious organization only to its own members and guests.
(2) An approved school lunchroom where:
(a) Food is prepared and served for school and community activities; and
(b) The food preparation and service are under the direction of the school lunchroom supervisor.
(3) A food product promotion where only samples of a food or foods are offered to demonstrate the characteristics of the food product. For the purposes of this subsection, a sample may not include a meal, an individual hot dish or a whole sandwich.
(4) A private residence, or part of a private residence, including the grounds, areas and facilities held out for the use of the occupants generally, for which a temporary sales license is issued under ORS 471.190 for a period not exceeding one day. [2011 c.664 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.041 - Rules.

The Oregon Health Authority shall make all rules necessary for the enforcement of ORS 624.010 to 624.121, including such rules concerning the construction and operation of restaurants, bed and breakfast facilities, intermittent temporary restaurants, seasonal temporary restaurants and single-event temporary restaurants as are reasonably necessary to protect the public health of persons using these facilities. The rules shall provide for, but need not be restricted to, the following:
(1) A water supply adequate in quantity and safe for human consumption.
(2) Disposal of sewage, refuse and other wastes in a manner that will not create a nuisance or a health hazard.
(3) The cleanliness and accessibility of toilets and handwashing facilities.
(4) The cleanliness of the premises.
(5) The refrigeration of perishable foods.
(6) The storage of food for protection against dust, dirt and contamination.
(7) Equipment of proper construction and cleanliness of such equipment.
(8) The control of insects and rodents.
(9) The cleanliness and grooming of food workers.
(10) Exclusion of unauthorized persons from food preparation and storage areas.
(11) Review of proposed plans for the construction or remodeling of facilities subject to licensing under this chapter. [Formerly 624.100; 2009 c.595 §1002; 2011 c.664 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.046 - Bed and breakfast facility regulation.

(1) The Oregon Health Authority shall allow a bed and breakfast facility to conduct food service operations for its patrons in rooms used by the owner or operator if the rooms in which food service operations are conducted:
(a) Are not used as sleeping quarters; and
(b) Are off-limits during meal hours to individuals not employed by the bed and breakfast facility.
(2) Except as provided in ORS 215.452 or 215.453, meal service in a bed and breakfast facility is limited to the preparation and service of breakfast. [Formerly 624.032; 2009 c.595 §1003; 2013 c.554 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.051 - Single toilet fixture allowed in small restaurant.

The Oregon Health Authority shall allow restaurants with an occupancy capacity of no more than 15 persons, including employees and patrons, to have only one toilet fixture and adjacent lavatory on the premises. This single toilet fixture shall comply with all authority standards for construction, maintenance, cleanliness, accessibility and others, not in conflict with the state building code, that the authority might provide. [Formerly 624.023; 2009 c.595 §1004]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.060 - Inspection and reinspection of restaurants and bed and breakfast facilities; posting of sign required; report; posting.

(1) At least once every six months the Director of the Oregon Health Authority shall inspect every restaurant located within the jurisdiction of the director. At least once a year the director shall inspect every bed and breakfast facility located within the jurisdiction of the director. The person operating the restaurant or bed and breakfast facility shall, upon the request of the director, permit access to all parts of the establishment.
(2) A copy of each inspection report shall be given to the restaurant or bed and breakfast facility operator or person in charge of the restaurant or bed and breakfast facility, and another copy shall be filed with the records of the Oregon Health Authority.
(3) During each inspection, the director shall ensure that restaurants or bed and breakfast establishments that hold valid liquor licenses have properly posted the appropriate sign required by ORS 471.551.
(4) After each inspection, notice regarding compliance with ORS 624.010 to 624.121 by the restaurant or bed and breakfast facility shall be posted at the customary entrance of the restaurant or bed and breakfast facility in public view and shall not be removed by any person except the director.
(5) If the director discovers the violation of any provision of ORS 624.010 to 624.121, the director shall make a second inspection after the lapse of such time as the director deems necessary for the defect to be remedied. When a violation noted on an inspection has been remedied, that violation shall not cumulate with violations noted on a second inspection. [Amended by 1953 c.177 §8; 1973 c.825 §6; 1983 c.533 §3; 1985 c.701 §§1,6; 1987 c.226 §§4,5; 1991 c.324 §8; 2009 c.595 §1005]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.070 - Examination of food and drink samples; unwholesome or adulterated food and drink.

Samples of food, drink and other substances may be taken and examined by the Director of the Oregon Health Authority as often as may be necessary for the detection of unwholesomeness or adulteration. The director may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated. [Amended by 1953 c.177 §8; 1973 c.825 §8; 2009 c.595 §1006]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.077 - Rating surveys; preparing and disseminating information for educational programs.

The Oregon Health Authority shall make such rating surveys as are necessary to obtain uniform enforcement of ORS 624.010 to 624.121 throughout the state, and shall prepare and disseminate information pertaining to educational programs for the purpose of encouraging compliance with ORS 624.010 to 624.121 on the part of owners, managers and employees of eating and drinking establishments. [Formerly 624.110; 2009 c.595 §1008]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.080 - Diseased persons working in restaurants, bed and breakfast facilities or temporary restaurants; suspicion of possible transmission of infection; rules.

(1) The Oregon Health Authority may, by rule, define certain communicable diseases that are capable of being spread to the public by employees of a restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant.
(2) A person who is affected with a communicable disease described in subsection (1) of this section or is a carrier of such disease may not work in any restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant. A restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant may not employ a person who is affected with, carries or is suspected of being affected with or carrying any communicable disease. If the restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant manager suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease, the manager shall notify the Director of the Oregon Health Authority immediately. A placard containing this subsection shall be posted in all toilet rooms.
(3) When suspicion arises as to the possibility of transmission of infection from any restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant employee, the director may require any or all of the following measures:
(a) The immediate exclusion of the employee from all restaurants, bed and breakfast facilities, intermittent temporary restaurants, seasonal temporary restaurants and single-event temporary restaurants; and
(b) Adequate medical examinations of the employee and associates of the employee, with such laboratory examinations as may be indicated. [Amended by 1957 c.672 §5; 1973 c.825 §10; 1987 c.226 §6; 1999 c.59 §184; 2009 c.595 §1009; 2011 c.664 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.082 - Intermittent temporary restaurants.

(1) A person may not operate an intermittent temporary restaurant without first procuring a license to do so from the Oregon Health Authority. The intermittent temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee.
(2) Application for an intermittent temporary restaurant license shall be in writing in the form prescribed by the authority and shall contain the name and address of the applicant, the specific location of the intermittent temporary restaurant, a description of the public gatherings, entertainment events, food product promotions or other events to be served by the intermittent temporary restaurant, an operating plan and any other information the authority may require. Except as provided in ORS 624.106, an applicant for an intermittent temporary restaurant license or renewal of an intermittent temporary restaurant license shall pay to the authority the appropriate license fee under ORS 624.490.
(3) An intermittent temporary restaurant license shall expire 30 days after issuance. However, the license shall terminate immediately if:
(a) The intermittent temporary restaurant prepares or serves food for consumption by the public that is not in connection with a public gathering, entertainment event, food product promotion or other event held by an oversight organization;
(b) The location of the intermittent temporary restaurant changes; or
(c) The menu is substantially altered as defined by authority rules.
(4) The Director of the Oregon Health Authority may suspend, deny or revoke an intermittent temporary restaurant license if it appears, after a reasonable time has been given for correction of a sanitation violation, that the applicant does not meet applicable minimum sanitation standards as described in ORS 624.010 to 624.121 or in a rule adopted under ORS 624.010 to 624.121. Any suspension, denial or revocation action shall be taken in accordance with ORS chapter 183. [2011 c.664 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.084 - Seasonal temporary restaurants.

(1) A person may not operate a seasonal temporary restaurant without first procuring a license to do so from the Oregon Health Authority. The seasonal temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee.
(2) Application for a seasonal temporary restaurant license shall be in writing in the form prescribed by the authority and shall contain the name and address of the applicant, the specific location of the seasonal temporary restaurant, the name of the oversight organization arranging the public gatherings, entertainment events, food product promotions or other events to be served by the seasonal temporary restaurant, an operating plan and any other information the authority may require. Except as provided in ORS 624.106, an applicant for a seasonal temporary restaurant license or renewal of a seasonal temporary restaurant license shall pay to the authority the appropriate license fee under ORS 624.490.
(3) A seasonal temporary restaurant license shall expire 90 days after issuance. However, a license shall terminate immediately if:
(a) The seasonal temporary restaurant prepares or serves food for consumption by the public that is not in connection with a public gathering, entertainment event, food product promotion or other event held by the oversight organization identified in the license application for the seasonal temporary restaurant;
(b) The location of the seasonal temporary restaurant changes; or
(c) The menu is substantially altered as defined by authority rules.
(4) The Director of the Oregon Health Authority may suspend, deny or revoke a seasonal temporary restaurant license if it appears, after a reasonable time has been given for correction of a sanitation violation, that the applicant does not meet applicable minimum sanitation standards as described in ORS 624.010 to 624.121 or in a rule adopted under ORS 624.010 to 624.121. Any suspension, denial or revocation action shall be taken in accordance with ORS chapter 183. [2011 c.664 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.086 - Single-event temporary restaurants.

(1) A person may not operate a single-event temporary restaurant without first procuring a license to do so from the Oregon Health Authority. The single-event temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee.
(2) Application for a single-event temporary restaurant license shall be in writing in the form prescribed by the authority and shall contain the name and address of the applicant, the specific location of the single-event temporary restaurant and any other information the authority may require.
(3) All single-event temporary restaurant licenses shall terminate 30 days after issuance unless within the 30 days the single-event temporary restaurant is discontinued or is moved from the specific location for which the license was issued. If within 30 days after issuance the single-event temporary restaurant is discontinued or moved from the specific location for which the license was issued, the license shall terminate upon the discontinuance or the removal.
(4) Except as provided in ORS 624.106, every applicant for a single-event temporary restaurant license or renewal of a single-event temporary restaurant license shall pay to the authority the appropriate license fee under ORS 624.490.
(5) The Director of the Oregon Health Authority may suspend, deny or revoke any single-event temporary restaurant license if it appears, after a reasonable time has been given for correction of a sanitation violation, that the applicant does not meet applicable minimum sanitation standards as outlined in ORS 624.010 to 624.121 or any rule adopted thereunder. Any suspension, denial or revocation action shall be taken in accordance with ORS chapter 183. [Formerly 624.025; 2009 c.595 §1010; 2011 c.664 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.091 - Inspection of temporary restaurants; report; fees.

(1) At least once during the operation of a single-event temporary restaurant, the Director of the Oregon Health Authority shall inspect the facilities and operation. The person operating the single-event temporary restaurant shall, upon request of the director, permit access to all parts of the establishment.
(2) The director shall conduct an operational review of an intermittent temporary restaurant or seasonal temporary restaurant. The director may charge a reasonable fee established by rule for conducting the operational review. The director shall inspect the facilities and operation of an intermittent temporary restaurant or seasonal temporary restaurant at least once during the term of the license. The person operating the intermittent temporary restaurant or seasonal temporary restaurant shall, upon request of the director, permit access to all parts of the establishment.
(3) One copy of the inspection report shall be posted by the director on the establishment premises. A person other than the director may not remove or deface the inspection report during the term of the license. The director shall file a copy of the inspection report in the records of the Oregon Health Authority. [Formerly 624.065; 2009 c.595 §1011; 2011 c.664 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.096 - Summary closure of temporary restaurant; hearing.

If a violation of any provision of ORS 624.010 to 624.121 or any rule adopted under ORS 624.010 to 624.121 comes to the attention of the Director of the Oregon Health Authority and the violation is of such a nature as to constitute a serious hazard to the health of the public, the director may immediately close an intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant by giving written notice to the operator. The inspection report carrying a statement ordering closure and signed by the director delivered to the operator may serve as the written notice of the closure. The director shall file a copy of the notice in the records of the Oregon Health Authority. The closure order shall have the effect of an immediate revocation of the operator’s license. The director shall, if requested, provide a prompt hearing after closure in accordance with ORS chapter 183. [Formerly 624.075; 2009 c.595 §1012; 2011 c.664 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.100

[Amended by 1957 c.672 §6; part renumbered as 624.027; 1973 c.825 §11; 1987 c.226 §8; 1995 c.578 §5; 2005 c.22 §439; renumbered 624.041 in 2007]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.101 - "Benevolent organization" defined.

As used in ORS 624.106 and 624.111, "benevolent organization" means any person organized and existing for charitable, benevolent, eleemosynary, humane, patriotic, religious, philanthropic, recreational, social, educational, civic, fraternal or other nonprofit purposes. The fact that contributions to an organization do not qualify for a charitable deduction for tax purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the Internal Revenue Code of 1954, as amended, constitutes prima facie evidence that the organization is not a bona fide benevolent organization. For purposes of this section, each subordinate lodge, chapter, council, grange, church, parish or other subdivision of an organization constitutes a separate organization. [Formerly 624.015]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.106 - Issuance of single-event temporary restaurant license to benevolent organization.

(1)(a) The Oregon Health Authority shall issue a license to a benevolent organization to operate a single-event temporary restaurant pursuant to this section if the benevolent organization has notified the authority, orally or in writing, that the benevolent organization intends to operate a single-event temporary restaurant. The authority shall provide at least one place in each county at which such notification may be made.
(b) Notwithstanding ORS 624.490 or 624.650, the authority, or a local public health authority as provided under ORS 624.510, may not charge a benevolent organization a license fee or inspection fee for a single-event temporary restaurant licensed under this subsection.
(2) The authority shall issue a single-event temporary restaurant license to each restaurant service provider at a special event arranged by a benevolent organization. The license shall be provided without fee to each restaurant service provider who files with the benevolent organization a signed statement that the service provider receives no profit from restaurant services performed at the special event. The statement shall be subject to inspection by the authority at the time inspections are made pursuant to ORS 624.111. A benevolent organization may not arrange more than one special event per calendar year for which restaurant service providers are licensed without charge under this subsection. [Formerly 624.028; 2009 c.595 §1013; 2011 c.664 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.111 - Inspection of event facilities and operation under license of benevolent organization.

(1) At any time during the operation of a single-event temporary restaurant licensed under ORS 624.106, the Director of the Oregon Health Authority may inspect the facilities and operation.
(2) The benevolent organization or service provider operating the single-event temporary restaurant shall, upon request of the director, permit access to all parts of the establishment. [Formerly 624.067; 2009 c.595 §1014; 2011 c.664 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.116 - When alternative food service criteria applicable.

The Director of the Oregon Health Authority may declare that an extraordinary situation exists and may apply alternative food service criteria in an establishment operated to prepare or serve food or beverages to indigent or needy persons by a benevolent organization, as defined by ORS 624.101, without charge or solicitation from those served. [Formerly 624.035; 2009 c.595 §1015]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 624 - Food Service Facilities › Section 624.121 - State Food Service Advisory Committee; appointment; composition; duties.

The Oregon Health Authority shall appoint a State Food Service Advisory Committee. The committee shall consist of volunteer representatives from a cross section of the food service industry, the general public, appropriate local and state groups, county environmental health specialists and other appropriate state agencies, including the State Department of Agriculture. In addition to such other duties as may be prescribed by the authority, the committee, not later than October 1 of each even-numbered year, shall submit to the authority and the Legislative Assembly recommendations regarding the implementation of ORS 624.020, 624.060, 624.073, 624.495 and 624.510. [Formerly 624.045; 2009 c.595 §1016; 2011 c.545 §63]