reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 157 - INSPECTION AND LICENSING PROCEDURES › Section 333-157-0045 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Authority or a Local Public Health Authority may impose civil penalties on any
			 person for the following willful violations:
(a) Operation of a restaurant, bed and
			 breakfast facility or vending machine without a current license to do so from
			 the Authority or the Local Public Health Authority;
(b) Failure to cease operation of a
			 restaurant, bed and breakfast facility or vending machine that has been closed
			 due to uncorrected priority item violations. This authority shall be limited to
			 those priority item violations identified as creating an imminent or present
			 danger to public health and defined in OAR
			 333-150-0000  Section 1-201.10.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 157 - INSPECTION AND LICENSING PROCEDURES › Section 333-157-0070 - Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
Any license issued by the Authority pursuant to ORS chapter 624
				shall expire and may be reinstated on December 31 of each year; except for
				temporary restaurant licenses issued pursuant to ORS 624.082, 624.084 and
				624.086.
Stat. Auth.: ORS 624.100
Stats. Implemented: ORS 624.100 -
				  624.130
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 157 - INSPECTION AND LICENSING PROCEDURES › Section 333-157-0073 - Temporary Restaurant Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Intermittent temporary restaurant" means
			 an establishment:
(a) That operates
			 temporarily at a specific location in connection with multiple public
			 gatherings, entertainment events, food product promotions or other events, at
			 least two of which are arranged for by different oversight organizations;
			 and
(b) Where food is prepared or
			 served for consumption by the public.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 157 - INSPECTION AND LICENSING PROCEDURES › Section 333-157-0077 - Temporary Restaurant Licensing and Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may not operate a single-event,
			 intermittent or seasonal temporary restaurant without first procuring a license
			 to do so from the Local Public Health Authority.
(2)
(a)
			 Application for an intermittent or 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 intermittent or
			 seasonal temporary restaurant, a description of the public gatherings,
			 entertainment events, food product promotions or other events to be served by
			 the intermittent or seasonal temporary restaurant, an operational review and
			 any other information the Authority may require. In addition to the application
			 the applicant for an intermittent or seasonal temporary restaurant license
			 shall pay to the Local Public Health Authority the appropriate license fee
			 under ORS 624.490.
(b) The Local
			 Public Health Authority shall issue a license to a benevolent organization to
			 operate a single-event temporary restaurant if the benevolent organization has
			 notified the Local Public Health Authority orally or in writing that the
			 benevolent organization intends to operate a single-event temporary restaurant.
			 A Local Public Health Authority may not charge a benevolent organization a
			 license fee or inspection fee for a single-event temporary
			 restaurant.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 157 - INSPECTION AND LICENSING PROCEDURES › Section 333-157-0080 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fees for eating
			 and drinking establishments and other food service activities subject to ORS
			 chapter 624 shall be as specified in ORS chapter 624.
(2) Any restaurant providing food or beverage
			 solely to children, elderly persons, indigent or other needy populations shall
			 not be required to pay a restaurant license fee to the Authority if such
			 restaurant is:
(a) Operated by a benevolent
			 organization as defined in ORS 624.101; and
(b) The patrons or recipients are not
			 required to pay the full cost of the food or beverage.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 158 - COMBINATION FOOD SERVICE FACILITIES › Section 333-158-0010 - Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any facility
			 licensed and inspected by the Authority, pursuant to OAR
			 333-158-0000  through
			 333-158-0030,
			 shall be subject to the applicable rules under OAR Chapter 333 of the Authority
			 for all activities subject to ORS Chapter 624. The facility shall also be
			 subject to the applicable statutes and rules under ORS 616 and 625, and OAR
			 603-021-0010,
			 603-021-0015,
			 603-021-0021,
			 603-021-0022,
			 603-021-0025,
			 603-021-0612,
			 603-025-0010  through
			 603-025-0040,
			 603-025-0080  through
			 603-025-0190  and 603-025-0220 of the Oregon Department of Agriculture, which are hereby
			 adopted by reference.
(2) Any
			 facility licensed and inspected by the Oregon Department of Agriculture,
			 pursuant to OAR
			 333-158-0000  through
			 333-158-0030,
			 shall be subject to the applicable rules under OAR Chapter 603 of the Oregon
			 Department of Agriculture for all activities subject to statutes administered
			 by the Oregon Department of Agriculture and ORS Chapter 624.
Stat. Auth.: ORS 624.530
Stats. Implemented: ORS
				  624.530
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 158 - COMBINATION FOOD SERVICE FACILITIES › Section 333-158-0020 - Licenses and Permits

Current through Register Vol. 63, No. 7, July 1, 2024
Licenses and permits issued pursuant to these rules shall be
				subject to the statutes of the licensing and inspecting agency, including fees
				and legal remedies, and shall be deemed to satisfy the licensing statutes of
				the other agency.
Stat. Auth: ORS 624.530
Stats. Implemented: ORS
				  624.530
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 158 - COMBINATION FOOD SERVICE FACILITIES › Section 333-158-0030 - Periodic Review

Current through Register Vol. 63, No. 7, July 1, 2024
At least annual re-evaluations of predominance shall be made by
				the regulating agencies and changes in jurisdiction shall be made where
				indicated
Stat. Auth.: ORS 624.530
Stats. Implemented: ORS
				  624.530
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 160 - DESTRUCTION OF FOOD UNFIT FOR HUMAN CONSUMPTION › Section 333-160-0000 - Destruction and Embargo of Mishandled, Adulterated or Spoiled Food and Beverage

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever the Authority finds food or beverage for which there
				is probable cause to believe is adulterated, mishandled, spoiled, or otherwise
				potentially dangerous to health, the Authority shall immediately notify the
				person in charge that the product is hazardous; and shall request immediate
				destruction of the product. If the person in charge agrees, the food or
				beverage shall be destroyed or removed in a manner specified by the
				Authority:
(1) If the person in charge
			 will not agree to destruction, an embargo order shall be placed on the food or
			 beverage. The order shall include:
(a) A
			 statement of the reasons for the embargo;
(b) A description of the products, their
			 location and the amount of product embargoed;
(c) The date and time of day when the order
			 is issued, and the signature of the inspecting Environmental Health
			 Specialist.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 162 - MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES › Section 333-162-0020 - Mobile Food Units, General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Mobile food units shall comply with the
			 applicable requirements in OAR 333-150-0000  and these rules. The Authority may
			 impose additional requirements to protect against health hazards related to the
			 conduct of the mobile food unit operation and may prohibit the sale of
			 potentially hazardous food.
(2)
			 There are four types of mobile food units:
(a) Class I. These mobile food units can
			 serve only intact, packaged foods and non-potentially hazardous beverages. No
			 preparation or assembly of foods or beverages may take place on the unit.
			 Non-potentially hazardous beverages must be provided from covered urns or
			 dispenser heads only. No dispensed ice is allowed;
(b) Class II. These mobile food units may
			 serve foods allowed under Class I and provide hot and cold holding display
			 areas from which unpackaged foods are displayed. Self-service by customers of
			 unpackaged foods is not allowed. Preparation, assembly or cooking of foods is
			 not allowed on the unit;
(c) Class
			 III. These mobile food units may serve any food item allowed under Class I and
			 II mobile food units, and may cook, prepare and assemble food items on the
			 unit. However, cooking of raw animal foods on the unit is not
			 allowed;
(d) Class IV. These mobile
			 food units may serve a full menu.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 162 - MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES › Section 333-162-0030 - Mobile Unit Operation, General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Mobile food units must remain mobile at
			 all times during operation. The wheels must be functional and appropriate for
			 the type of unit and not be removed from the unit at the operating location. A
			 removable tongue may be allowed if the tongue can be removed with the use of
			 only simple tools and the tools are available on the unit at all times. Units
			 licensed prior to February 1, 2020 in which the wheels, axels and associated
			 equipment were removed prior to that date are not required to meet this
			 requirement.Pf
(2) A mobile food
			 unit may not be used in lieu of a properly designed and constructed kitchen for
			 a restaurant or other food service establishment.P
(3) Catering and Delivery:
(a) Except as provided in subsection (c) of
			 this section, a mobile food unit that does not have a licensed restaurant or
			 commissary as a base of operation may not provide catering services or sell
			 food wholesale.P
(b) Mobile food
			 units must sell or dispense food directly from the point of sale on the unit to
			 the ultimate consumer.Pf
(c) A
			 mobile food unit that does not have a licensed restaurant or commissary as a
			 base of operation may provide catering services if:P
(A) The unit is equipped with
			 commercial-grade refrigeration equipment that meets or is the equivalent to the
			 requirements of OAR 333-150-0000  Section 4-205.10;
(B) The unit has obtained a variance from the
			 Oregon Health Authority; and
(C)
			 The unit provides only single-use articles for use by consumers.
(d) Mobile food units may utilize
			 third-party delivery services and offer online ordering through the
			 Internet.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 162 - MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES › Section 333-162-0036 - Mobile Food Units Operating as Single-Event Temporary Restaurants

Current through Register Vol. 63, No. 7, July 1, 2024
A licensed mobile food unit operating as a single-event
				temporary restaurant as specified under ORS
				624.650 may utilize off-unit tables and display areas for non-potentially hazardous
				foods and dispensed beverages, condiments, and single-service articles such as
				napkins and utensils. The unit may also utilize off-unit freezers if the food
				is maintained frozen as required in OAR 333-150-0000  Section 3-501.11. The
				off-unit tables and display areas allowed under this rule may not be used to
				conduct activities such as food preparation, assembly or cooking. The display
				or dispensing of potentially hazardous foods is not allowed.
Statutory/Other Authority: ORS
				  624.355
Statutes/Other Implemented: ORS
				  624.355
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 162 - MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES › Section 333-162-0040 - Base of Operation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Mobile food
			 units and vending machines shall operate from a licensed restaurant, commissary
			 or warehouse.P
(2) If a mobile food
			 unit sells only packaged goods, a warehouse may be accepted in lieu of a
			 commissary.
(3) Notwithstanding
			 section (1) of this rule, self-contained mobile food units may not be required
			 to have a base of operation if the unit contains all the equipment and utensils
			 necessary to assure the following:
(a)
			 Maintaining proper hot and cold food temperatures during storage and
			 transit;
(b) Providing adequate
			 facilities for cooling and reheating of foods;
(c) Providing adequate handwashing
			 facilities;
(d) Providing adequate
			 warewashing facilities and assuring proper cleaning and sanitizing of the
			 unit;
(e) Obtaining food and water
			 from approved sources;
(f) Sanitary
			 removal of waste water and garbage at approved locations.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 162 - MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES › Section 333-162-0280 - Food Transportation, General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During transportation, food and food
			 utensils shall be kept in covered containers or completely wrapped or packaged
			 to be protected from contamination. Foods in original individual packages do
			 not need to be overwrapped or covered if the original package is
			 sealed.
(2) Food shall be
			 maintained at required temperatures at all times during transport. Mobile food
			 units that do not maintain food at temperatures required in OAR 333-150-0000  section 3-501.16 may be required to provide an on-board power source, such as a
			 battery or generator, to assure maintenance of food at proper temperatures
			 during transit.
(3) After February
			 1, 2020, mobile food units that serve a complex menu and have never been
			 licensed in Oregon may not utilize cold plates that do not have an associated
			 power source, such as a battery, generator or propane tank, as the sole means
			 for temperature control.
(4)
			 Transport vehicles shall not be used in activities incompatible with safe and
			 sanitary food service operations.
Statutory/Other Authority: ORS
				  624.355
Statutes/Other Implemented: ORS
				  624.355
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 162 - MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES › Section 333-162-0680 - Exterior and Overhead Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Mobile food units must be secured and
			 protected from contamination when not in operation. This exterior protection
			 may consist of moving the unit to an enclosed location, closing all exterior
			 openings or covering the unit in a secure fashion. Units licensed prior to
			 February 1, 2020 must meet this requirement by January 1, 2023.Pf
(2) Overhead protection shall be provided for
			 mobile food units that are operated outdoors and where food is not covered at
			 all times. The overhead protection may consist of, but not be limited to,
			 roofing, ceilings, awnings, or umbrellas. Overhead protection is not required
			 for cooking units that have a lid or covering that will protect foods from
			 contamination. The overhead protection must be easily cleanable.
Statutory/Other Authority: ORS
				  624.355
Statutes/Other Implemented: ORS
				  624.355
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 162 - MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES › Section 333-162-0880 - Licensing Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 procedures shall be in accordance with ORS chapter 624 in the licensure of
			 mobile food units, commissaries and warehouses. Any license issued by the
			 Authority pursuant to ORS
			 624.320 shall expire and may be reinstated on December 31 of each year.
(2) A permanent license number shall be
			 assigned each operator of mobile food units by the regulatory
			 authority.
(3) Each mobile food
			 unit shall be clearly marked with the licensee's name or a distinctive
			 identifying symbol. The lettering shall be at least two inches in height and of
			 a color contrasting with the background color. If a symbol is used, it shall be
			 at least 12 inches in diameter or of an equivalent size. An accurate scale
			 drawing or photograph of the symbol shall be filed with the regulatory
			 authority.
(4) Each mobile food
			 unit shall be clearly marked with a number for purposes of identifying each
			 unit on inspection reports and other communications.
(5) Stored units are not subject to
			 licensure.
(6) All vehicles used as
			 mobile food units shall be kept in good repair and in a sanitary condition
			 while in use.
(7) The license shall
			 be posted in the mobile food unit in public view.
Statutory/Other Authority: ORS
				  624.355
Statutes/Other Implemented: ORS
				  624.355
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 162 - MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES › Section 333-162-0890 - Inspection and Enforcement Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Mobile food units shall comply with the inspection and
				enforcement procedures in OAR 333-157-0000, 333-157-0010, 333-157-0020,
				333-157-0025, 333-157-0027, 333-157-0030  and 333-157-0040.
Statutory/Other Authority: ORS
				  624.355
Statutes/Other Implemented: ORS
				  624.355
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 162 - MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES › Section 333-162-0920 - Plan Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Newly
			 constructed or extensively remodeled mobile food units, commissaries and
			 warehouses must undergo plan review and a pre-operational inspection. Mobile
			 food units that have been modified after plan review approval or licensing may
			 be required to revert to the design and construction that was initially
			 approved if required by the regulatory authority. Mobile food units having the
			 sanitary approval of a recognized qualified, independent testing laboratory, or
			 approved by the Authority may be accepted without the submission of
			 plans.Pf
(2) Approval from the
			 administrator to operate after the plan review process does not preclude
			 obtaining required permits or approvals from other agencies or jurisdictions of
			 concern.
(3) Mobile food unit
			 operators must obtain approval from the administrator to add to or change menu
			 items served from the mobile food unit;P
(4) Mobile food units that operate on a fixed
			 route must provide an itinerary to the regulatory authority prior to licensure
			 and at the beginning of each licensing period. Mobile food units operating at
			 specific or multiple locations shall provide a list of all locations to the
			 regulatory authority.
Statutory/Other Authority: ORS
				  624.355
Statutes/Other Implemented: ORS
				  624.355
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 162 - MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES › Section 333-162-0940 - Warehouses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensed
			 warehouse may be used only for the storage of unopened packaged foods,
			 single-service articles, utensils and equipment. All other activities are
			 prohibited.Pf
(2) A warehouse may
			 not be used for the following activities:
(a)
			 Cooling or storage of foods that have been prepared on a mobile food
			 unit;
(b) Preparation, assembly,
			 portioning, handling or service of unpackaged foods; and
(c) Ice making or warewashing;
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 162 - MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES › Section 333-162-0950 - Memorandum of Commissary or Warehouse Usage/Verification

Current through Register Vol. 63, No. 7, July 1, 2024
A Memorandum of Commissary or Warehouse Usage/Verification
				shall be on file with the administrator for mobile units using a licensed food
				service facility as a commissary or warehouse. This memorandum shall be on a
				form approved by the Authority, and be updated at least once per
				year.
Stat. Auth.: ORS 624.390
Stats. Implemented: ORS
				  624.390
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 162 - MOBILE FOOD UNITS, COMMISSARIES AND WAREHOUSES › Section 333-162-1005 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Authority or a Local Public Health Authority may impose civil penalties on any
			 person for the following willful violations:
(a) Operation of a mobile food unit,
			 commissary, or warehouse without a current license to do so from the Authority
			 or Local Public Health Authority;
(b) Failure to cease operation of a mobile
			 food unit, commissary, or warehouse that has been closed due to uncorrected
			 priority item violations. This authority shall be limited to those priority
			 item violations identified as creating an imminent or present danger to public
			 health and defined in OAR
			 333-150-0000  section 1-201.10(B).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				333-170-0000  to and
				including
				333-170-0130:
(1) "Appurtenant Structure" means a building
			 that belongs to, is accessory or incident to, adjacent, appended or annexed to
			 a single family residence. The single family residence and appurtenant
			 structure must be on the same tax lot. Appurtenant structure includes but is
			 not limited to a carriage house, garage, livery, pool or cabana building, guest
			 cottage, bunkhouse, or similar building converted for human
			 occupancy.
(2) "Bed and Breakfast
			 Facility" means any establishment located in a structure designed for a single
			 family residence and structures appurtenant thereto, regardless of whether the
			 owner or operator of the establishment resides in any of the structures, which:
(a) Has more than two rooms for rent on a
			 daily basis to the public;
(b)
			 Offers a breakfast meal as part of the cost of the room;
(c) Serves one breakfast meal a day to
			 guests, staff and owners, only.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0010 - Application of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 otherwise set forth in ORS 624.041 and these rules, bed and breakfast
			 facilities shall meet the applicable requirements in OAR
			 333-150-0000  of the Oregon Food Sanitation Rules.
(2) If more than nine bedrooms or
			 accommodations for 19 or more persons are available on a daily basis,
			 commercial grade dishwashing and separate refrigeration equipment must be
			 provided.
Stat. Auth.: ORS 624.100
Stats. Implemented: ORS
				  624.100
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0020 - Animal Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
Bed and Breakfast Facilities shall be exempt from the
				provisions of OAR
				333-150-0000 section 6-501.115 provided, however, that no live animal, bird, or turtle will
				be kept or allowed in any portion of the premises where food for the registered
				guests of the establishment is stored, prepared, served, offered for sale, or
				given away. Aquariums and aviaries shall be allowed if enclosed so as not to
				create a public health problem.
Stat. Auth.: ORS 624.041
Stats. Implemented: ORS
				  624.041
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0030 - Equipment Replacement

Current through Register Vol. 63, No. 7, July 1, 2024
Bed and Breakfast Facilities shall meet the provisions of OAR
				333-150-0000 section 8-304.11(G) and (H) except that replacement equipment and new equipment
				acquired after the effective date of these Bed and Breakfast rules may be of
				residential design, construction and installation. The equipment must be in
				good repair, capable of being maintained in a sanitary condition, have nontoxic
				food-contact surfaces and meet all other requirements of these
				rules.
Stat. Auth.: ORS 624.041
Stats. Implemented: ORS
				  624.041
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0040 - Employee Change Rooms

Current through Register Vol. 63, No. 7, July 1, 2024
Bed and Breakfast Facilities shall be exempt from the
				provisions of OAR
				333-150-0000 sections 6-305.11, 6-403.11(B) and 6-501.110 provided, however, that no person
				shall change clothes, store clothing or personal effects in any area used for
				the storage or preparation of food or for utensil washing or
				storage.
Stat. Auth.: ORS 624.041
Stats. Implemented: ORS
				  624.041
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0050 - Dishwashing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All food
			 service utensils and equipment shall be scraped, cleaned, and/or sanitized as
			 circumstances of use require.
(2)
			 Bed and Breakfast Facilities shall comply with provisions of OAR
			 333-150-0000  for manual and/or mechanical cleaning and sanitizing of equipment and utensils,
			 however, at the option of the owner or operator a domestic or homestyle
			 dishwasher may be used provided the following performance criteria can be met:
(a) The dishwasher must effectively remove
			 physical soil from all surfaces of dishes;
(b) The dishwasher must sanitize dishes
			 either by the application of enough accumulative heat or by the application of
			 adequate chemical solutions to the surface of the dish;
(c) Machines relying on heat for sanitizing
			 shall produce heat unit equivalents in the final rinse and drying cycles which
			 comply time and temperature relationships or equivalents listed in Table 1
			 (155° F. minimum):
TABLE 1
155° F -- 150 seconds
161° F -- 30 seconds
165° F -- 15 seconds
170° F -- 5 seconds
(d) If machine or water line mounted
			 thermometers which indicate temperature of the final rinse water as it enters
			 the manifold are not provided, the operator shall provide and daily use a
			 registering thermometer or thermopaper to check the temperature at the dish
			 surface during the final sanitizing rinse and drying cycles;
(e) The dishwasher must be installed and
			 operated according to manufacturer's instructions for the highest level of
			 sanitization possible when sanitizing Bed and Breakfast Facilities' utensils; a
			 copy of the instructions must be available on the premises at all
			 times;
(f) The pressure of the
			 final rinse water supplied to the dishwasher shall not be less than 15 nor more
			 than 25 pounds per square inch, (psi);
(g) There shall be sufficient area or
			 facilities such as portable dish tubs and drain boards for the proper handling
			 of soiled utensils prior to washing and of cleaned utensils after sanitization
			 so as not to interfere with safe food handling, handwashing and the proper use
			 of dishwashing facilities.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0060 - Plumbing

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding provisions of OAR
				333-150-0000 sections 5-202.11 and 5-402.11, existing food preparation sinks and mechanical
				dishwashers in Bed and Breakfast Facilities are not required to have indirect
				sewer connections. However, any new food preparation sinks or dishwashers
				installed after the effective date of these rules or existing installations in
				which backflow has been demonstrated may be required to comply with the Oregon
				State Plumbing Specialty Code. In existing food preparation sinks which are
				directly plumbed and where food is placed in the sink below the rim then food
				must be placed in a container where the rim is above the flood rim of the sink.
				Bed and Breakfast Facilities shall meet OAR
				333-150-0000 section 5-203.14, in preventing contamination of the potable water system. New
				plumbing in a Bed and Breakfast Facility shall be installed and maintained in
				accordance with the Oregon State Plumbing Specialty Code.
Stat. Auth.: ORS 624.041
Stats. Implemented: ORS
				  624.041
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0070 - Ventilation

Current through Register Vol. 63, No. 7, July 1, 2024
Bed and Breakfast Facilities shall be exempt from the
				provisions of OAR
				333-150-0000 sections 6-304.11 and 6-501.14(A), however, in the event that the inspecting
				sanitarian determines that sufficient ventilation must be mechanical in nature,
				such ventilation shall be installed and operated according to state and local
				code.
Stat. Auth.: ORS 624.041
Stats. Implemented: ORS
				  624.041
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0080 - Construction

Current through Register Vol. 63, No. 7, July 1, 2024
In Bed and Breakfast Facilities, only new and replacement walls
				and ceilings (or their coverings), constructed after the effective date of
				these rules need comply with OAR
				333-150-0000 sections 6-201.11, 6-201.16 and 6-201.17 provided, however, that all walls and
				ceilings (and their coverings) must be in good repair and maintained in a clean
				and sanitary condition.
Stat. Auth.: ORS 624.041
Stats. Implemented: ORS
				  624.041
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0090 - Utility Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
Bed and Breakfast Facilities shall be exempt from the
				provisions of OAR
				333-150-0000 sections 5-203.13 and 6-306.10 provided, however, that hot water must be
				available for janitorial purposes. The use of handwashing lavatories,
				utensil-washing or equipment-washing or food preparation sinks for this purpose
				is prohibited.
Stat. Auth.: ORS 624.041
Stats. Implemented: ORS
				  624.041
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0100 - Food Storage

Current through Register Vol. 63, No. 7, July 1, 2024
Bed and Breakfast Facilities shall be exempt from the
				333-150-0000 sections 6-202.111 and 6-202.112. However, no sleeping accommodations shall be
				allowed in any area where utensils are washed or where food is stored,
				prepared, or served.
Stat. Auth.: ORS 624.041
Stats. Implemented: ORS
				  624.041
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0110 - Food Source

Current through Register Vol. 63, No. 7, July 1, 2024
All food intended for consumption by guests shall meet the
				Oregon Department of Agriculture requirements as being obtained from an
				approved source. The use of home canned foods and meat and dairy products from
				unapproved sources is prohibited, and the storage of such food items shall not
				be allowed in any area where food is prepared or served to
				guests.
Stat. Auth.: ORS 624.041
Stats. Implemented: ORS
				  624.041
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0120 - Laundry Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
Bed and Breakfast Facilities shall be exempt from the
				provisions of OAR
				333-150-0000 section 4-803.13 provided that food service laundry be laundered and stored
				separately from guest or resident laundry and laundry operations are separated
				from food preparation areas.
Stat. Auth.: ORS 624.041
Stats. Implemented: ORS
				  624.041
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 170 - BED AND BREAKFAST FACILITIES › Section 333-170-0130 - Toilet and Handwashing Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
Toilet and handwashing facilities in bed and breakfast
				facilities shall comply with OAR
				333-150-0000 of the Oregon Food Sanitation Rules except as follows:
(1) Bed and breakfast facilities are exempt
			 from OAR
			 333-150-0000  sections 5-203.12 and 6-402.11 provided an employee restroom can be designated
			 during meal preparation and service, and guests' restrooms are available. New
			 toilet facilities shall be installed according to the Oregon State Plumbing
			 Specialty Code.Pf
(2)
			 Notwithstanding OAR
			 333-150-0000  section 4-501.16, handwashing facilities may be designated at a sink
			 compartment used for dishwashing provided this sink is not being used to store
			 or wash soiled dishes or prepare food during food preparation and service.
			 Handwashing facilities, in the kitchen, shall be available at all times during
			 food preparation and service. If facility operation results in handwashing
			 facilities being unavailable, then a separate handwashing lavatory in the food
			 preparation area shall be required.Pf
(3) Handwashing signs are required to be
			 properly posted at all sinks designated for employee handwashing.
(4) Guests' restrooms not designated for food
			 service worker use do not need to comply with Oregon Food Sanitation
			 Rules.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 624.041
Stats. Implemented: ORS
				  624.041
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 175 - FOOD HANDLER TRAINING › Section 333-175-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The food handler training program rules set fees and address
				requirements for successful completion of a food handler training program and
				issuance of the certificate. Additionally, these rules set out general
				provisions regarding food handler training programs and provide guidelines for
				the relationship between the Oregon Health Authority, Local Public Health
				Authorities and Designated Agents.
Stat. Auth.: ORS 624.570
Stats. Implemented: ORS
				  624.570
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 175 - FOOD HANDLER TRAINING › Section 333-175-0011 - Program Description - General

Current through Register Vol. 63, No. 7, July 1, 2024
The program is a Authority-approved food handler training
				program provided through mechanisms such as self-training, computer-based
				training, or instructor-led training. The goal of the food handler training
				program is to provide food handlers with a basic understanding of food safety
				that will assist the manager or person in charge to direct the food handler in
				preparing and serving food safely. A certificate of program completion confirms
				that the food handler met the learning objectives.
Stat. Auth.: ORS 624.570
Stats. Implemented: ORS
				  624.570
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 175 - FOOD HANDLER TRAINING › Section 333-175-0021 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Approved"
			 means approved by the Oregon Health Authority.
(2) "Assessment" means to determine whether
			 the food worker understood the concepts represented by the learning objectives.
			 The assessment used by the program providers must be provided or approved by
			 the Authority.
(3) "Authority"
			 means the Oregon Health Authority, Foodborne Illness Prevention
			 Program.
(4) "Certificate of
			 Program Completion" confirms that a person has successfully completed the food
			 handler training program.
(5)
			 "Certified Food Manager" means that a manager has successfully completed an
			 Authority-approved food manager program.
(6) "Computer-Based Training" means
			 self-training through the use of a computer program or the Internet.
(7) "Designated Agent" means an individual or
			 organization who/that has been authorized by the Oregon Health Authority or
			 Local Public Health Authority to provide a food handler training program and
			 issue certificates of program completion.
(8) "Food Handler" means those persons
			 involved in the supervision or preparation or service of food in a restaurant
			 or food service facility licensed under ORS 624.020 or 624.320. This includes,
			 but is not limited to, managers, cooks, wait staff, dishwashers, bartenders and
			 bus persons.
(9) "Local Public
			 Health Authority" means those counties to which the Oregon Health Authority has
			 entered into an Intergovernmental Agreement under ORS 624.510.
(10) "Program" means an Authority-approved
			 food handler training program.
(11)
			 "Program Provider" means the Oregon Health Authority, Local Public Health
			 Authority or a Designated Agent.
(12) "Self-Training" means a training process
			 wherein the individual learns without the presence or intervention of a trainer
			 or instructor.
(13) "Trainer" means
			 the person actively delivering food handler training to
			 learners.
Stat. Auth.: ORS 624.570
Stats. Implemented: ORS
				  624.570
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 175 - FOOD HANDLER TRAINING › Section 333-175-0031 - Food Handler Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 food handlers employed in a restaurant, bed and breakfast, mobile unit,
			 commissary, warehouse or vending operation must obtain a certificate of program
			 completion from the Oregon Health Authority, Local Public Health Authority or a
			 Designated Agent within 30 days after the date of hire. A food handler must
			 maintain a current certificate of program completion as long as they are
			 employed as a food handler.
(2) A
			 food handler certificate of program completion expires three years after the
			 date of issuance. When a food handler's certificate of program completion
			 expires, the food handler must successfully complete the program and pay the
			 appropriate fee.
(3) The Oregon
			 Health Authority and Local Public Health Authority may provide food handler
			 training themselves, through a Designated Agent or both.
(4) At least one person involved in the
			 preparation or service of food in a temporary restaurant who has a valid
			 certificate of program completion must be present at all times during the
			 operation of the facility.
(5) A
			 facility listed in section (1) of this rule that is operated by a benevolent
			 organization must have at least one person with a valid food handler
			 certificate of program completion present at all times during the preparation
			 and service of food. This person is responsible for supervising and educating
			 all workers in the sanitary practices used in food service.
Stat. Auth.: ORS 624.570
Stats. Implemented: ORS
				  624.570
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 175 - FOOD HANDLER TRAINING › Section 333-175-0041 - Minimum Standards for Program Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order for the Oregon Health Authority
			 or Local Public Health Authority to appoint a Designated Agent, the individual
			 or organization must demonstrate that they have sufficient experience in food
			 safety, food science or food service to be knowledgeable in all areas of the
			 food handler training curriculum, and at a minimum are a certified food manager
			 or registered environmental health specialist as defined by ORS 700. This staff
			 member must be reasonably involved in the operation or administration of the
			 training program delivery.
(2)
			 Program providers must also have:
(a) The
			 ability to provide training and an assessment; and
(b) The ability to safeguard the training and
			 assessment materials.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 175 - FOOD HANDLER TRAINING › Section 333-175-0051 - Content of Food Handler Training Programs

Current through Register Vol. 63, No. 7, July 1, 2024
The concept of foodborne illness shall be introduced. The
				training shall address personal hygiene, contamination, and temperature control
				to reinforce the notion that the food handler's behaviors can prevent foodborne
				illness. The following learning objectives must be included in the food handler
				training program:
(1) Foodborne
			 Illness.
(a) The food handler shall be able
			 to describe foodborne illness as an illness resulting from eating contaminated
			 food.
(b) The food handler shall
			 know food contaminated with organisms (known to cause illness) does not look,
			 smell or taste different from food not contaminated.
(c) The food handler shall know that symptoms
			 vary and may include diarrhea, vomiting, fever, cramping and nausea.
(d) The food handler shall know that
			 depending on the cause, symptoms may develop in a few minutes to several days.
			 Symptoms may last several days and can result in death.
(e) The food handler shall know that
			 foodborne illness is caused by organisms known to cause illness, or is caused
			 by chemicals.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 175 - FOOD HANDLER TRAINING › Section 333-175-0061 - Administration of Food Handler Training Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Program providers may provide the food
			 handler training program through a trainer-led class and assessment,
			 self-training materials and assessment or other method approved by the
			 Authority.
(2) The Authority must
			 provide or approve all food handler training program materials, including
			 instructional delivery methods, materials and assessment tools based on
			 criteria established by the Authority.
(3) Each food handler training assessment
			 must determine that the food worker met the learning objectives stated in OAR
			 333-175-0051.
(4) When being assessed, food handlers may
			 refer to the training manual or printed text. Food handlers may also refer to
			 handwritten notes developed onsite during training.
(5) Upon successful completion of the
			 program, the food handler must be allowed to keep the food handler training
			 materials distributed.
(6) Workers
			 with special needs may be allowed the option to take the assessment orally on
			 specific job duties or to receive assistance in reading the
			 assessment.
(7) A restricted
			 certificate of program completion may be issued according to Authority
			 guidelines.
(a) The certificate must identify
			 the specific duties that may be performed by this individual;
(b) Removal of the restrictions can be
			 accomplished by successfully completing the food handler training program. The
			 food handler will then be issued a new certificate of program
			 completion.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 175 - FOOD HANDLER TRAINING › Section 333-175-0071 - Requirements for Food Handler Training Program Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any trainer
			 providing food handler training must either be a Registered Environmental
			 Health Specialist, Registered Environmental Health Specialist Trainee or have a
			 current certificate of completion from an approved food manager training course
			 or the equivalent as determined by the Authority.
(2) Trainer requirements do not apply when
			 food handlers are trained using self-training materials.
Stat. Auth.: ORS 624.570
Stats. Implemented: ORS
				  624.570
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 175 - FOOD HANDLER TRAINING › Section 333-175-0081 - Successful Completion of Food Handler Training Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to receive a certificate of
			 program completion, a food handler must pass the written assessment with a
			 minimum score of 75%.
(2) If a
			 person successfully completes a food handler training program and pays the
			 appropriate fee, the program provider shall issue a certificate of program
			 completion.
Stat. Auth.: ORS 624.570
Stats. Implemented: ORS
				  624.570
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 175 - FOOD HANDLER TRAINING › Section 333-175-0091 - Reciprocity and Equivalency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 food handler certificate of program completion is valid statewide.
(2) Any person who has a current
			 certification from an Authority-approved food manager training program or is
			 registered as an Environmental Health Specialist or Environmental Health
			 Specialist Trainee as required in ORS chapter 700 need not obtain a food
			 handler certificate of program completion.
(3) To be accepted in lieu of a food handler
			 certificate of program completion, a food manager certification must be renewed
			 every five years.
Stat. Auth.: ORS 624.570
Stats. Implemented: ORS
				  624.570
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 175 - FOOD HANDLER TRAINING › Section 333-175-0101 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Program
			 providers may charge a fee up to a maximum of $10 per person for the
			 administration of the program and the issuance of a certificate of program
			 completion.
(2) Program providers
			 shall not require a fee of any food handler listed in OAR
			 333-175-0091.
(3) Program providers may charge a fee for
			 food handler materials and deduct the cost from the food handler training and
			 certificate of program completion as long as the total cost does not exceed $10
			 to each individual.
(4)
			 Notwithstanding sections (1) and (3) of this rule, program providers may assess
			 a new program fee each time a participant takes or retakes all or part of a
			 program or certification assessment.
(5) Program providers may charge a fee not to
			 exceed $5 for duplicate certificates of program completion.
Stat. Auth.: ORS 624.570
Stats. Implemented: ORS
				  624.570