Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 158 - COMBINATION FOOD SERVICE FACILITIES › Section 333-158-0000 - Licensing and Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
The licensing of combination facilities shall be the
				responsibility of either the Authority or the Oregon Department of Agriculture
				in accordance with the following criteria:
(1) The establishments subject to these rules
			 are those combination facilities as defined in OAR
			 333-150-0000  1-201.10(B).
(2) A determination
			 shall be made for each firm covered in OAR
			 333-150-0000  1-201.10(B) as to which agency shall inspect and license. The determination
			 shall be based upon which agency has statutory responsibility and authority for
			 the predominant activities of the firm.
(3) In those instances where it is determined
			 that either a full or limited service restaurant or other activity for which
			 the Authority has authority, is predominant, the Authority shall perform the
			 inspectional and licensing responsibilities to the exclusion of the Oregon
			 Department of Agriculture.
(4) In
			 those instances where it is determined that the bakery, retail grocery, food
			 processing or other activities for which the Oregon Department of Agriculture
			 has authority, is predominant, the Oregon Department of Agriculture shall
			 perform the inspectional and licensing responsibilities to the exclusion of the
			 Authority.
(5) The determination of
			 the predominant activity at any combination facility subject to this agreement
			 shall be made first by the field environmental health specialists. If agreement
			 is not reached, then it shall be referred to program supervisors of the Local
			 Public Health Authority and the Oregon Department of Agriculture for a
			 determination of predominant activity. If an agreement is not reached among the
			 Local Public Health Authority and the Oregon Department of Agriculture, or if a
			 licensed facility disagrees with the determination, the matter may be appealed
			 to an arbitration panel composed of the administrator of the Food and Dairy
			 Division (or appointee), the administrator of the Center for Health Protection
			 (or appointee), and one representative each from the Conference of Local Health
			 Officials, an association representing the restaurant industry and an
			 association representing the retail grocery industry. The decision of this
			 panel shall be final except as provided in section (6) of this rule.
(6) Any licensee wishing to contest the
			 determination of predominance by agencies may produce records of gross annual
			 sales to support the protest and be heard by the Local Public Health Authority
			 in accordance with ORS chapter 183.
(7) Notwithstanding sections (2) through (6)
			 of this rule, if the Local Public Health Authority and the Oregon Department of
			 Agriculture agree that the complexity rather than the predominance of food
			 processing activities should determine the regulating agency, inspectional and
			 licensing responsibilities may be transferred to the Oregon Department of
			 Agriculture to the exclusion of the Local Public Health Authority.
Stat. Auth.: ORS 624.530
Stats. Implemented: ORS
				  624.530