Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions set forth in ORS Chapter 616,
				the following shall apply in this Division 25:
(1) "Bulk Food" means unpackaged or
			 unwrapped, processed or unprocessed food in aggregate containers from which
			 quantities desired by the end user are withdrawn, but does not include fresh
			 fruits, fresh vegetables, nuts in the shell, salad bar ingredients, or
			 time/temperature controlled for safety foods.
(2) "Commercial food(s)" means food or food
			 ingredient that has been processed by a licensed food establishment.
(3) "Corrosion-Resistant Materials" means
			 those materials that maintain acceptable sanitary surface characteristics under
			 prolonged contact with food, normal use of cleaning compounds, sanitizing
			 solutions, and other normal conditions of usage.
(4) "Distressed Merchandise" means food which
			 has had the label lost or destroyed, or which has been subjected to damage or
			 possible damage due to accident, fire, flood, adverse weather, or to any other
			 similar cause, and which may have been thereby rendered unsafe or unsuitable
			 for human or animal consumption or use.
(5) "Domestic Kitchen" means the location in
			 the operator's residential dwelling where residential food preparation is
			 conducted.
(6) "Easily Cleanable"
			 means readily accessible and of such material, fabrication and finish that
			 residues may be effectively removed by normal cleaning methods.
(7) "Employee" means any person working in a
			 food establishment.
(8) "End user"
			 means a person, who is a member of the public, who takes possession of food,
			 and is not functioning in the capacity of an operator of a food establishment
			 and does not offer the food for resale.
(9) "Equipment" means all display cases,
			 storage cases, tables, counters, shelving, refrigerators, sinks, food
			 processing preparation and packaging equipment, and any other items used in the
			 operation of a food establishment.
(10) "Farm mix-type facility" means an
			 establishment that is a farm and that engages in both activities that are
			 exempt from registration under section 415 of the Federal Food, Drug, and
			 Cosmetic Act and activities that require the establishment to be
			 registered.
(11) "Food Source"
			 means food shall be in a sound condition and safe for human consumption and
			 shall be produced in compliance with applicable laws relating to food
			 safety.
(12) "Food-Contact
			 Surfaces" means those surfaces of equipment and utensils with which food
			 normally comes into contact, and those surfaces from which food may drain,
			 drip, or splash back onto surfaces normally in contact with food.
(13) "Food Processing" or "processing" means
			 the cooking, baking, heating, drying, mixing, grinding, churning, separating,
			 extracting, cutting, freezing, or otherwise manufacturing a food or changing
			 the physical characteristics of a food, and the packaging, canning or otherwise
			 enclosing of such food in a container, but does not mean the sorting, cleaning,
			 or water-rinsing of a food.
(14)
			 "Food Retailing" or "Operating a Retail Food Store" means the preparing,
			 packaging, storing, handling or displaying of food for sale at retail to the
			 end user, and may include produce trimming, processed meat slicing, cheese
			 slicing, preparing gutted and filleted fish, and providing retail customer
			 services to change the form of food such as juice squeezing or peanut grinding
			 (if more than one of these customer services is made available, the activities
			 shall then be considered food processing rather than food retailing).
(15) "Food Service Establishment" means any
			 place where food is prepared and intended for individual portion service, and
			 includes the site at which individual portions are provided, whether
			 consumption is on or off the premises and whether or not there is a charge for
			 the food, and includes a delicatessen that offer prepared foods in individual
			 service portions, but does not include a private home where food is prepared or
			 served for individual family consumption, a retail food store, a food vending
			 machine location or a supply vehicle.
(16) "Food Storage Warehouse" means any
			 building or place where food is stored as a commercial venture or business, or
			 stored in connection with or as a part of a commercial venture or business, but
			 does not include a home, restaurant, rooming house, hotel or similar place
			 where food is stored to be used or consumed by the owner or served to
			 employees, customers, or guests, nor an establishment licensed by the
			 Department under other laws.
(17)
			 "Hazardous Substance" means a substance or mixture of substances which is
			 toxic, corrosive, an irritant, flammable, which generates pressure through
			 heat, decomposition or other means, which has been designated by the U.S. Food
			 and Drug Administration as a strong sensitizer or a radioactive material, or
			 which may cause substantial personal injury or substantial illness during or as
			 a proximate result of any reasonable foreseeable handling or use, including
			 reasonably foreseeable ingestion by children.
(18) "Hermetically Sealed Container" means a
			 container which is designed and intended to be secure against the entry of
			 microorganisms and to maintain the commercial sterility of its contents after
			 processing.
(19) "Kitchenware"
			 means all multi-use utensils other than tableware.
(20) "Non-Salvageable Merchandise" means
			 distressed merchandise which cannot be safely or practically
			 reconditioned.
(21) "Operator"
			 means any person having the direct and primary responsibility for the
			 construction, maintenance, and operation of a food establishment.
(22) "Packaged" means bottled, canned,
			 cartoned, bagged, or otherwise completely wrapped.
(23) "Pet" means a "domestic animal" as
			 defined in ORS 167.310 which is not a service
			 animal.
(24) "Physical Facilities"
			 means the structure and interior surfaces of a food establishment including
			 accessories such as soap and towel dispensers and attachments such as light
			 fixtures and heating or air conditioning system vents.
(25) "Plant" means the building or buildings
			 or parts thereof, used for or in connection with the manufacturing, packaging,
			 storing, labeling, or holding of food for humans, dogs, or cats.
(26) "Potentially hazardous food" or
			 "time/temperature controlled for safety food" means any food that consists
			 whole or in part of milk or milk products, eggs, meat, poultry, fish,
			 shellfish, edible crustacea, or other ingredients, including synthetic
			 ingredients, in a form capable of supporting rapid and progressive growth of
			 infectious or toxigenic microorganisms, but does not include food which has a
			 pH level of 4.60 or below or a water activity (Aw) value of 0.850 or
			 less.
(27) "Product Module" means a
			 food-contact container (multi-use or single-service) designed for customer
			 self-service of bulk food by either direct or indirect means.
(28) "Reconditioning" means any appropriate
			 process or procedure by which distressed merchandise can be brought into
			 compliance with all federal or state requirements so as to make it suitable for
			 consumption or for use as human or animal feed.
(29) "Residential dwelling" means a home or
			 area within a rental unit, in which an operator makes their primary
			 residence.
(30) "Retail Fruit and
			 Vegetable Stand" means any place where fresh fruits or vegetables are offered
			 for sale at retail to the end user.
(31) "Safe Materials" means articles
			 manufactured from or composed of materials that may not reasonably be expected
			 to result, directly or indirectly, in their becoming a component or otherwise
			 affecting the characteristics of any food, if they are food additives or color
			 additives (as defined in Section 201(s) or (t) of the Federal Food, Drug, and
			 Cosmetic Act), are used in conformity with the federal regulations adopted
			 under Section 409 or 706 of the Federal Food, Drug, and Cosmetic Act, and if
			 they are not food additives or color additives, are used in conformity with
			 other applicable regulations of the U.S. Food and Drug
			 Administration.
(32) "Safe
			 Temperatures" as applied to time/temperature controlled for safety food, means
			 temperatures of 41°F or below and 135°F or above.
(33) "Salvage Dealer" or "Salvage
			 Distributor" means any person who is engaged in selling or distributing
			 salvaged merchandise.
(34) "Salvage
			 Processing Facility" means an establishment engaged in the business of
			 reconditioning distressed merchandise.
(35) "Salvage Processor" means any person who
			 operates a salvage processing facility.
(36) "Salvaged Merchandise" means
			 reconditioned distressed merchandise, and "salvageable merchandise" means
			 distressed merchandise capable of being reconditioned.
(37) "Sanitize" or "Sanitization" means
			 effective bactericidal treatment of physically clean surfaces of equipment and
			 utensils by a process which has been approved by the Department as being
			 effective in reducing microorganisms, including pathogens, to a safe
			 level.
(38) "Sealed" means free of
			 cracks or other openings that permit the entry or passage of
			 moisture.
(39) "Service animal"
			 means an animal such as a guide dog, signal dog, or other animal trained to
			 provide assistance to an individual with a disability.
(40) "Servicing Area" means a designated
			 location equipped for cleaning, sanitizing, drying, refilling product modules,
			 or preparing bulk food.
(41)
			 "Single-Service Articles" means items used by the retailer or end user such as
			 cups, containers, lids, packaging materials, bags, and similar articles,
			 intended for contact with food and designed for one-time use, but does not
			 include single use articles, such as No. 10 cans, aluminum pie pans, bread
			 wrappers and similar articles, into which food has been packaged by the
			 manufacturer.
(42) "Tableware"
			 means multi-use eating and drinking utensils.
(43) "Transportation" means the movement of
			 food, the delivery of food from one location to another location while under
			 the control of an operator.
(44)
			 "Utensil" means any food-contact implement used in the storage, preparation,
			 transportation, or dispensing of food.
(45) "Vehicle" means any truck, trailer, car,
			 bus, railcar, aircraft, boat, ship, or barge by which food is transported from
			 one location to another.
(46)
			 "Warewashing" means the cleaning and sanitizing of food-contact surfaces of
			 equipment and utensils.
(47)
			 "Wholesome" means food found in sound condition, clean, free from adulteration
			 and otherwise suitable for human consumption.
Statutory/Other Authority: ORS 561, ORS 616 & 619
Statutes/Other Implemented: ORS
				  616.230