reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0746 - New License Payments; Frozen Dessert Wholesaler License Expiration ; Operating without a License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) New license
			 payments must be received within 14 calendar days of the department's initial
			 approval inspection. If a new license payment is not received within 14
			 calendar days of the initial approval inspection, the establishment will be
			 considered operating without a license.
(2) Each license shall expire on June 30 next
			 following the date of issuance.
(3)
			 The department will collect a delinquent renewal penalty for any license fee if
			 the licensee fails to renew the license before the 60th calendar day after the
			 license expiration date.
(4) The
			 delinquent renewal penalty shall be $30.
(5) The department will send a notice to all
			 licensees who fail to renew their license by the 30th calendar day after their
			 license expires, that a delinquent renewal penalty will be collected if their
			 license fee is not paid before the 60th calendar day after the license
			 expires.
(6) The department will
			 send a notice to all licensees who have failed to renew their license by the
			 60th calendar day after their license expires, that a delinquent renewal
			 penalty must be paid in addition to the license fee before the license is
			 renewed.
(7) The department will
			 waive the delinquent renewal penalty if:
(a)
			 The licensee's failure to renew the license prior to the 60th calendar day was
			 caused entirely or in part by a department error or omission; or
(b) The licensee notifies the department in
			 writing prior to the 60th calendar day after the license has expired, that the
			 licensee will not engage in the licensed activity any time during the current
			 license period. However, if the licensee resumes the licensed activity during
			 the current license period, the licensee must pay both the license renewal fee
			 and the delinquent renewal penalty.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0785 - Frozen Yogurt Dessert Mix; Frozen Yogurt Dessert; Standards of Identity and Label Statements

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				621.311, the following
				definitions and standards are established:
(1) "Frozen Yogurt Dessert Mix" or "Frozen
			 Yogurt Mix" is the food prepared from the product identified in
Title
			 21
,
CFR
,
Chapter 1
,
Section
			 131.200
, except that the titratable acidity shall not be less than 0.20
			 percent, expressed as lactic acid, with or without added milk solids,
			 flavoring, or seasoning, and which shall be free of molds, yeast, and other
			 fungi, as well as other objectionable bacteria which may impair the quality of
			 such product. Matured and wholesome fruit or approved flavors may be added for
			 fruit, fruit flavored, or flavored yogurts. Addition of sugar is
			 optional.
(2) "Frozen Yogurt
			 Dessert" is a frozen product produced from a frozen yogurt dessert mix
			 identified in section (1) of this rule and which complies with all the identity
			 standards contained therein.
(3)
			 Each of the products identified in sections (1) and (2) of this rule shall be
			 labeled as provided in ORS
			 621.320.
(4) Compliance with the coliform standard
			 shall be deemed to have been met if the number of coliform organisms does not
			 exceed ten per gram per sample in more than two of the last five samples. No
			 enforcement action shall be taken if the last sample is within the
			 standard.
Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS
				  621.311
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0795 - Nondairy Frozen Dessert: Identity

Current through Register Vol. 63, No. 7, July 1, 2024
Nondairy Frozen Dessert is the food prepared in accordance with
				the requirements adopted under OAR 603-024-0741, except that:
(1) It contains no milk, milkfat or milk
			 solids.
(2) Its content of edible
			 oil or fat is not less than two (2) percent.
(3) Its content of food solids is not less
			 than 1.3 pounds per gallon.
(4) It
			 may contain:
(a) Harmless edible stabilizers
			 and emulsifiers;
(b) Nutritive
			 carbohydrate sweeteners; or
(c)
			 Fruit or fruit juices, nut meats, harmless flavoring or harmless
			 coloring.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0796 - Nondairy Frozen Dessert Mix: Identity

Current through Register Vol. 63, No. 7, July 1, 2024
Nondairy Frozen Dessert Mix is the food, in a dry or
				concentrated form, used in the manufacture of a nondairy frozen dessert, which
				is prepared in accordance with the requirements of OAR
				603-024-0795.
Stat. Auth.: ORS 561 & ORS 621
Stats. Implemented: ORS
				  621.311
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0900 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Department of Agriculture Food Safety Program
				licenses and inspects all facets of Oregon's food distribution system, except
				restaurants, to ensure food is safe for consumption. Education and technical
				assistance are vital to the prevention, correction, and abatement of food
				safety violations, and are preferred over regulatory action. However,
				regulatory action may be necessary to deter violations of food safety laws and
				rules, to educate persons about the consequences of such violations, and to
				compel compliance with food safety laws for the protection of consumers. The
				Department intends to initiate civil penalty actions when educational measures,
				technical assistance, warning letters, compliance agreements or other remedial
				measures fail to achieve compliance.
Stat. Auth.: ORS
				  561.190 &
				  621.995
Stat. Implemented: ORS
				  621.995
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0910 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-024-0920 through 603-024-0930, unless
				otherwise required by the context, the following terms will be construed to
				mean:
(1) "Interference" means
			 hindering or impeding an activity or process, which includes, but is not
			 limited to any harassment, unreasonable delay, threat, concealment, deceit, or
			 obstruction.
(2) "Major," with
			 respect to violations, means an incident, or series of incidents that cause a
			 reasonable probability that serious adverse health consequences or death will
			 occur.
(3) "Minor," with respect to
			 violations, means an incident, or series of incidents that are not likely to
			 cause adverse health consequences.
(4) "Moderate," with respect to violations,
			 means an incident, or series of incidents that may cause temporary or medically
			 reversible adverse health consequences, or where the probability of serious
			 adverse health consequences is remote.
(5) "Repeat violation" means the recurrence
			 of the same violation for each 24-hour period after a notice of noncompliance
			 or assessment of civil penalty was issued within the preceding three years. It
			 does not include a violation if the previous notice is the subject of a pending
			 appeal or if the notice has been withdrawn or successfully appealed.
(6) "Same," with respect to violations, means
			 an identical recurrence, exact repetition, or a continuation of a previous
			 violation.
(7) "Violation" means
			 the failure to comply with any requirement of ORS
			 621.056,
			 621.057,
			 621.062,
			 621.070,
			 621.072,
			 621.076,
			 621.084,
			 621.088,
			 621.117,
			 621.122,
			 621.124,
			 621.161,
			 621.166,
			 621.183,
			 621.198,
			 621.207,
			 621.226,
			 621.259,
			 621.335,
			 621.340,
			 621.345,
			 621.418,
			 621.445 or
			 621.730, or any rules,
			 regulations or standards adopted under ORS
			 621.060,
			 621.083,
			 621.096,
			 621.224 or
			 621.261.
Stat. Auth.: ORS
				  561.190 &
				  621.995
Stat. Implemented: ORS
				  621.995
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0920 - Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any penalty available under ORS
				561.190 or
				621.991, the Department may
				impose a civil penalty with respective amounts for:
(1) Failure by a distributor,
			 producer-distributor or dairy products plant licensee to employ a grader that
			 accurately and impartially grades all milk or fluid milk purchased by the
			 distributor, producer-distributor or licensee from producers before it is
			 commingled with other milk or otherwise loses its identity pursuant to ORS
			 621.056. Penalty - $1,000 to
			 $5,000.
(2) Violation of the grader
			 recording requirements in ORS
			 621.057. Penalty - $100 to
			 $5,000.
(3) The processing,
			 distribution, sale or offer or exposure for sale fluid milk that does not
			 conform to a standard of identity established by the Department as explained in
			 ORS 621.062. Penalties:
(a) Minor - $1,000 to $4,000;
(b) Moderate - $4,001 to $7,000; or
(c) Major - $7,001 to $10,000.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 24 - DEFINITIONS AND STANDARDS OF IDENTITY, LABELING AND OTHER REGULATIONS RELATING TO FLUID MILK AND DAIRY PRODUCTS › Section 603-024-0930 - Penalty factors; procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In imposing a penalty pursuant to the schedule adopted pursuant to ORS
			 621.995, the Department shall
			 consider the following factors, which are listed in prioritized order:
(a) The immediacy and extent to which the
			 violation threatens the public health or safety.
(b) Any prior violations of statutes, rules
			 or orders pertaining to milk, dairy products or substitutes thereof.
(c) The past history of the person incurring
			 a penalty in taking all feasible steps or procedures necessary or appropriate
			 to correct any violation.
(d) The
			 economic and financial conditions of the person incurring the penalty,
			 including any financial gains resulting from the violation
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0020 - General Standards of Food Establishment Construction and Maintenance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Buildings: Food
			 establishment structures shall be suitable in size, construction, and design to
			 facilitate maintenance and sanitary operations for food preparation or
			 distribution purposes.
(2)
			 Surroundings: The grounds around a food establishment that are under the
			 control of the operator shall be free from conditions which may result in
			 contamination of food, including the following:
(a) Improperly stored equipment, litter,
			 waste, or refuse, and uncut weeds or grass, within the immediate vicinity of
			 the establishment structures that may constitute an attractant, breeding place
			 or harborage for rodents, insects, birds and other pests;
(b) Excessively dusty roads, yards or parking
			 lots that may constitute a source of contamination in areas where food is
			 exposed; or
(c) Inadequately
			 drained areas that may constitute a source of contamination of food products
			 through seepage or food-borne filth, or by providing a breeding place for
			 insects or microorganisms.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0030 - Retail Food Code

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to the provisions of OAR 603-025-0020 a retail food establishment
			 shall comply with the Oregon Department of Agriculture Retail Food Code, 2023,
			 which is incorporated herein and made part of this rule by this
			 reference.
(2) Retail Fruit and
			 Vegetable Stands and Similar Outlets: Retail fruit and vegetable stands, and
			 other similar unusual food sales outlets, are also subject to these retail food
			 establishment provisions, except as follows:
(a) Fruit and vegetable stands located on a
			 farmers own property, wherein only fruits and vegetables grown by the owner are
			 sold, and no food processing is being done, are exempt from
			 licensing;
(b) Food establishments
			 that are exempt under OAR 603-025-0215 to 603-025-0275 (Farm Direct Marketing
			 Rules), are exempt from licensing;
(c) Other fruit and vegetable stands may be
			 exempted from certain retail food establishment requirements where the
			 department determines that public health principles will not be
			 compromised.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0080 - Foods Subject to Pull Date Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise provided, the following perishable foods shall
				be open date labeled with the pull date:
(1) Processed or cured meat and meat products
			 including wieners, bologna, luncheon meat, liver sausage, salami,
			 braunschweiger, hams and ham products, and bacon (tuck or vacuum
			 packed).
(2) Fluid milk and cream
			 products for which a standard of identity has been established under ORS
			 Chapter 621, cottage cheeses, yogurts, cheeses with a moisture content of more
			 than 50 percent, sour creams, and party dips.
(3) Bakery products as defined in subsection
			 (2) of ORS 625.010, pastries, cookies, or
			 crackers having a moisture content of 16 percent or more.
(4) Eggs in shell.
(5) Vegetable, macaroni, or potato salads
			 that use mayonnaise or other acidic dressing as an ingredient or dressing,
			 puddings, sandwiches, and other ready-to-eat products.
(6) Fowl, including chickens, fryers,
			 turkeys, ducks, geese, and other domesticated birds.
(7) Fresh or raw packaged meat products,
			 whether whole, ground, chopped or fabricated.
(8) Fresh sausage products.
(9) Fresh seafood products.
(10) Fresh fish products (not breaded or
			 precooked).
Stat. Auth.: ORS 561 & ORS 616
Stats. Implemented: ORS
				  616.835
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0090 - Foods Exempt from Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
The following foods shall be exempt from the open date labeling
				requirements:
(1) Candies, nuts,
			 non-alcoholic beverages (soft drinks), and other fruit juices.
(2) Sterile dairy products; processed or
			 natural cheddar cheese or other hard cheese varieties; margarine; butter and
			 whipped butter.
(3) Pastries,
			 cookies, and crackers having less than 16 percent moisture content; bread
			 sticks; croutons; melba toast; stuffing mixes and other dry bakery products;
			 bakery products otherwise required to be open date labeled which are sold or
			 offered for sale at the same location where prepared or baked (in-store
			 bakeries) and not commingled or displayed with bakery products required to be
			 open date labeled.
Stat. Auth.: ORS
				  561.190 & ORS
				  616.835
Stats. Implemented: ORS
				  616.835
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0100 - Form of Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The required
			 open date shall be affixed, stamped, or imprinted on each retail package and on
			 all closed shipping containers with the name of the month either by number (1
			 through 12) or three-letter abbreviation (January through December), followed
			 by the numerical (1 through 31) day of said month. The year need not be stated
			 except on foods having a projected shelf life of six months or more. In the
			 event the month is designated numerically, it shall be separated from the day
			 of the month by a space, a dash, or asterisk.
(2) In lieu of the requirements of section
			 (1) of this rule, bakery products, fresh or raw meat products, fresh seafood
			 products, and fresh fish products with a shelf life of seven days or less may
			 be labeled with a two digit numerical (1 through 31) day of the then current
			 month.
Stat. Auth.: ORS
				  561.190 & ORS
				  616.835
Stats. Implemented: ORS
				  616.835
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0110 - Labeling Placement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 open date shall be affixed, stamped, or imprinted in a size, manner, and style
			 clearly and easily legible and visible to the consumer.
(2) The open date shall not overlay other
			 labeling matter or be of such a color as to be difficult to distinguish from
			 such other labeling matter.
Stat. Auth.: ORS
				  561.190 & ORS
				  616.835
Stats. Implemented: ORS
				  616.835
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0120 - Identification After Pull Date Expiration

Current through Register Vol. 63, No. 7, July 1, 2024
Food required to be labeled with a pull date, and after the
				expiration of such pull date is found to be fit for human consumption, may be
				sold or offered for sale at retail if:
(1) It is segregated from like foods with
			 unexpired pull dates, either by sorting and separating in the same retail
			 display shelf or cabinet from like foods with unexpired pull dates, or by
			 removal to a separate retail display shelf or cabinet.
(2) Each individual package is labeled or a
			 conspicuous and visible placard is posted immediately adjacent to any display
			 of such food, stating that the pull date of such food has expired. Any label or
			 placard so utilized shall be in legible, boldface type in distinct contrast to
			 the label or placard color.
Stat. Auth.: ORS
				  561.190 & ORS
				  616.835
Stats. Implemented: ORS
				  616.835
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0130 - Label Pull Date Information

Current through Register Vol. 63, No. 7, July 1, 2024
Upon the request of the department, a person required to label
				a perishable food with a pull date shall obtain from the food manufacturer,
				processor or packager recommending the pull date, data from recognized
				scientific sources substantiating the establishment and use of the recommended
				date.
Stat. Auth.: ORS 561 & ORS 616
Stats. Implemented: ORS
				  616.835
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0140 - Food Storage Warehouses

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the provisions of OAR 603-025-0020, a food
				storage warehouse shall comply with the following:
(1) Cold Storage: Each cold storage room in a
			 food storage warehouse shall be equipped with an accurate and easily visible
			 thermometer with the sensing element at least five feet above the
			 floor.
(2) Morgue: The operator of
			 a food storage warehouse shall provide an area for the accumulation and holding
			 of all damaged foods or foods which are or may be unwholesome. The operator
			 shall maintain a program of timely and proper disposal of damaged or
			 unwholesome foods to prevent development of insanitary conditions or vermin
			 breeding places and rodent harborage.
Stat. Auth.: ORS 561 & ORS 616
Stats. Implemented: ORS
				  616.700
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0151 - Property Tax Exemption for Qualified Machinery and Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Department of Agriculture is authorized to certify qualified machinery and
			 equipment for the purposes of ORS
			 307.453-307.457.
(2) Definitions: For the purposes of this
			 section, the definitions in ORS chapter 307.455 apply, unless the context
			 requires otherwise. In addition, the following definitions apply.
(a) "Newly acquired property" means new or
			 used machinery and equipment that is first purchased or leased by a food
			 processor not more than two years (24 months) prior to placing it into service.
			 Leased equipment may be exempt only if the food processor is responsible for
			 the payment of the property taxes under the terms of the lease agreement. Newly
			 acquired property does not include existing equipment that has been refurbished
			 or reconditioned in the time frame provided by this rule.
(b) "Placed into service" means the date the
			 machinery and equipment is first used or in such condition that it is readily
			 available and operational for its intended commercial use. It does not include
			 property that is being tested or is in the process of being erected or
			 installed on the January 1 assessment date.
(c) "Real Market Value of the Property" for
			 the purpose of determining the late filing penalty pursuant to ORS
			 307.455, means the invoice cost
			 of the machinery and equipment, installation, engineering, and miscellaneous
			 costs including machinery process piping, foundations, power wiring, interest
			 during installation, and freight.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0152 - Certification Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certification
			 Fees. The Department may fix, access, and collect, or cause to be collected,
			 fees on food processors for the certification of qualified equipment and
			 machinery. The fees must be in an amount reasonably necessary to cover the
			 costs of the certification and of administration of the certification program.
			 These fees must be paid prior to the Department's submittal of the firm's
			 exemption forms to the Oregon Department of Revenue.
(2) The following fees and charges are
			 established for the administration and certification of machinery and
			 equipment. The fees may be charged and assessed regardless if machinery and
			 equipment is qualified for the exemption. The scale of fees may vary according
			 to the location of the qualified machinery and equipment.
(3) The cost of such services may include:
(a) A charge of service at the rate of $95
			 per hour;
(b) Travel time at the
			 rate of $95 per hour;
(c) Mileage,
			 lodging, and per diem reimbursed rates established by the Department of
			 Administrative Services (DAS); and
(d) Application fees for the certification of
			 Machinery and Equipment of $100 for each request for certification received by
			 the Department.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0160 - Package Labeling Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The label of any food that has been salvaged, as defined in
				subsection (16) of ORS
				616.250, shall comply with the
				following:
(1) The term
			 "
salvaged
" shall appear on the principal display panel in the case
			 of any food packaged in a firm (box, carton, or can) container, and either on
			 the principal display panel or upon a firmly attached tag in the case of any
			 food packaged in a soft (bag or sack) container. The labeling requirements
			 shall only apply to the individual immediate container in which the food is
			 packaged for retail or institutional sale, and shall only apply to the food
			 containers actually requiring salvage activities. The term
			 "
salvaged
" shall be conspicuous and of easily legible bold face
			 print or type in distinct contrast to other matter on the label.
(2) In the event the salvager is other than
			 an agent for the original manufacturer, packer, or distributor, the name and
			 business address of the salvager shall appear in the manner and location
			 prescribed in section (1) of this rule and shall include the city, state, and
			 zip code.
Stat. Auth.: ORS
				  561.190, ORS
				  616.230 & ORS
				  616.700
Stats. Implemented: ORS
				  616.230 & ORS
				  616.700
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0170 - Bulk Placard Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
If in bulk display form for wholesale or retail sale (rather
				than packaged form) any food that has been salvaged, as defined in subsection
				(16) of ORS 616.250, shall be conspicuously
				and prominently displayed immediately adjacent to such bulk display. Such
				placard shall be of easily legible bold face print or type, of such color
				contrast that it may be easily read, and shall contain the statements required
				by OAR 603-025-0180.
Stat. Auth.: ORS
				  561.190, ORS
				  616.230 & ORS
				  616.700
Stats. Implemented: ORS
				  616.230 & ORS
				  616.700
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0180 - Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
The responsibility for the salvage labeling required by OAR
				603-025-0180 or 603-025-0170 shall be:
(1) If in bulk display form, the person
			 selling or offering to sell such food at wholesale or retail.
(2) If salvaged within the State of Oregon,
			 the person selling or offering to sell at retail or for institutional
			 use.
(3) If salvaged outside of the
			 State of Oregon, the first person selling or offering to sell such food at
			 wholesale or retail within the State of Oregon.
Stat. Auth.: ORS
				  561.190, ORS
				  616.230 & ORS
				  616.700
Stats. Implemented: ORS
				  616.230 & ORS
				  616.700
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0190 - Standards of Identity, Additives, Pesticide Tolerances, Food Labeling, Good Manufacturing Practice, Low Acid Canned Foods, and Acidified Foods

Current through Register Vol. 63, No. 7, July 1, 2024
The federal rules governing food identity, food color
				additives, food additives, and labeling of or in food adopted by the Food and
				Drug Administration of the U.S. Department of Health and Human Services, are
				hereby adopted as the rules governing this subject matter in Oregon. The Good
				Manufacturing Practices, Fish and Fishery Products, Low Acid Canned Foods,
				Acidified Foods and other federal programs contained in the Code of Federal
				Regulations as specified below are also adopted. The federal rules adopted by
				the U.S. Environmental Protection Agency and Food and Drug Administration
				specifying pesticide tolerances are also adopted. The adopted federal programs
				and standards are those set forth in the 2017 version, Title 21, Chapter 1,
				Parts 1, 7, 70, 73, 74, 81, 82, 100 through 111, 113 through 199, and the 2014
				version, Title 40, Chapter 1, Part 180 (Subparts A, C, D, and E), of the Code
				of Federal Regulations.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  561.190 &
				  616.230
Statutes/Other Implemented: ORS
				  561.190 &
				  616.230
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0200 - Establishments Utilizing Domestic Kitchen Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the provisions of OAR
			 603-025-0020, a food establishment that is part of a domestic kitchen shall
			 comply with the provisions of section (2) of this rule.
(2)
(a) All
			 doors or openings from the domestic kitchen to other rooms of the building or
			 structure, if applicable, shall be kept closed during the processing,
			 preparing, packaging, or handling of commercial foods;
(b) No person other than the operator, or an
			 employee, shall directly engage in the processing, preparing, packaging, or
			 handling of commercial foods and no other person shall be allowed in the
			 domestic kitchen during such periods of operation;
(c) If there are pets in the residential
			 dwelling the food label must include a statement that:
(A) Pets were present in the residential
			 dwelling;
(B) Is prominently
			 displayed and not be obscured, hidden, or detracted by logos or
			 artwork;
(C) Includes the species
			 using the common or usual name of the pet. Examples include, but are not
			 limited to: cat, dog, or rabbit; and
(D) Is a font size must be at least equal to
			 the average size used on the label or a minimum height of 1/16" of a lower case
			 "o".
(d) No processing,
			 preparing, packaging, or handling of commercial foods shall be carried on in a
			 domestic kitchen while pets are present or while other domestic activities are
			 being carried on in such domestic kitchen, including, but not limited to;
(A) Family meal preparation, serving,
			 dishwashing, or eating;
(B) Clothes
			 washing or ironing;
(C) Cleaning of
			 floors, walls, cabinets or appliances; or
(D) Entertaining guests.
(e) The physical facilities of a licensed
			 domestic kitchen must include:
(A) Closed
			 storage space for ingredients, finished product containers, and labels for
			 commercial foods separate from those for domestic use;
(B) Refrigerated facilities for storage of
			 perishable products or ingredients utilized in the processing, preparing, or
			 handling of commercial foods separate from those for domestic use;
			 and
(C) A storage area for
			 household cleaning materials and other chemicals or toxic substances that is
			 separate from foods.
(f)
			 Medical supplies or equipment must not be in the domestic kitchen;
(g) All domestic kitchens must be available
			 for inspection by the Department between the week-day hours of 8 a.m. to 5
			 p.m., and the Department may, if it deems it advisable or necessary, inspect
			 such premises on weekends or holidays or other times commercial foods are being
			 processed, prepared, packaged, or handled.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0215 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 603-025-0215 through 603-025-0275 recognize farm direct
				marketing, including consignment between farm direct marketers, as a modern and
				accepted method of producing and selling food products, and of maintaining the
				integrity of food safety principles as required by state and federal laws. The
				legislative mandates in ORS
				616.680 through
				616.686 are accomplished by
				exempting from licensure and inspection only those that raise their own
				products, that limit their food processing activities to only those identified
				by the Legislature as permissible without a license, and that sell to a
				consumer a limited amount of products produced without a license and regulatory
				oversight.
Statutory/Other Authority: ORS
				  561.190 & ORS
				  616.686
Statutes/Other Implemented: ORS
				  616.683
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0225 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR 603-025-0215 through 603-025-0275, the
				following definitions apply, in addition to those provided in ORS
				616.680:
(1) "Acidic foods" means bottled, packaged or
			 canned foods that meet any of the following requirements:
(a) Having a naturally occurring equilibrium
			 pH of 4.6 or below; or
(b) Having
			 been lacto-fermented to decrease the equilibrium pH of the food to 4.6 or
			 below; or
(c) Having a water
			 activity (aw) greater than 0.85 and having been acidified to decrease the
			 equilibrium pH of the food to 4.6 or below.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0235 - Farm Direct Marketer Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 616.695 to
			 616.755 do not apply to a farm
			 direct marketer, a consigning agricultural producer, or the location(s) used by
			 a farm direct marketer or a consigning agricultural producer to prepare, store,
			 sell, expose for sale or offer for sale the following agricultural products:
(a) Fruits, vegetables, edible flowers and
			 herbs that are:
(A) Fresh; or
(B) Cured or dried by the agricultural
			 producer as part of routine post-harvest handling.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0245 - Farm Direct Consignment and Other Sales

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consigning agricultural producers are
			 limited to sales of the products listed in OAR 603-025-0235(1)-(3).
(a) Consignment is limited to farm direct
			 marketers who are from the same county or from adjoining counties.
(b) A farm direct marketer is prohibited from
			 representing that products offered for sale on consignment are his/her
			 own.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0255 - Farm Direct Exemption Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
A farm direct marketer may not:
(1) Sell, offer for sale, or expose for sale
			 foods that are adulterated or misbranded under ORS
			 616.205 to
			 616.385 (Sale of Adulterated,
			 Misbranded or Imitation Foods);
(2)
			 Receive, accept, possess, sell, offer for sale, or expose for sale food from
			 another agricultural producer that is adulterated or misbranded under ORS
			 616.205 to
			 616.385 (Sale of Adulterated,
			 Misbranded or Imitation Foods);
(3)
			 Commingle products;
(4) Knowingly
			 sell or offer for sale foods covered by the farm direct sales exemption to a
			 person that is not a consumer;
(a) This
			 requirement does not apply to an agricultural producer extracting only their
			 own honey from 20 or fewer hives; or
(b) Licensed honey producers.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0265 - Farm Direct Product Labeling Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The principal display panel of
			 producer-processed products must contain in a prominent location the following
			 statements in legible, all capital, and bold-face type no less than one-eighth
			 inch:
(a) "THIS PRODUCT IS HOMEMADE AND IS
			 NOT PREPARED IN AN INSPECTED FOOD ESTABLISHMENT" and
(b) "NOT FOR RESALE."
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0275 - Farm Direct Product Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Raw materials, packaging materials, and
			 finished products that are not in compliance with United States Food and Drug
			 Administration (FDA) regulations may be considered adulterated.
(2) Processing and production records for
			 products having a water activity (aw) greater than 0.85 and having been
			 acidified to decrease the equilibrium pH of the food to 4.6 or below must show
			 that the process and product formulations comply with all critical factors
			 mandated by an approved process.
(a) To
			 demonstrate compliance with acceptable equilibrium pH measurements,
			 batch-by-batch records of pH meter calibration and batch-by-batch records of
			 finished product testing must be maintained.
(A) Finished product testing must be
			 performed following the requirements of the 2010 version of
			 21 CFR
			 114.90(a) and (b)
			 (Methodology). A pH meter or potentiometer is the primary instrument used in
			 determining product pH.
(B)
			 Colorimetric methods including, but not limited to, indicator solutions and
			 indicator paper may be used if the equilibrium pH of the product is 4.0 or
			 lower.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0311 - Cottage Food Exemption Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department recognizes cottage food establishments as a modern method of
			 producing and selling food products. The legislative mandate in ORS
			 616.723 is accomplished by
			 exempting from licensure and routine inspection of cottage food establishments
			 that;
(a) Limit their food processing
			 activities to only those identified in OAR 603-025-0320 as permissible without
			 a license;
(b) Sell a quantity as
			 described in OAR 603-025-0320 of products; and
(c) Otherwise meet the regulatory
			 requirements detailed in OAR 603-025-0310 to 603-025-0330.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0315 - Definitions for Cottage Food Exempt Activities

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions set forth in ORS
				616.695, ORS
				616.723, and OAR 603-025-0010,
				the following shall apply to OAR 603-025-0311 to 603-025-0330:
(1) "Annual gross sales" means the annual
			 retail sale value of food sold by the person or persons operating a Cottage
			 Food establishment.
(2) "Baked
			 goods" means bakery products, as defined in ORS
			 625.010(2),
			 that are not time/temperature controlled for safety foods.
(3) "Confectionary items" mean candy or
			 sweets, that are not time/temperature controlled for safety foods.
(4) "Cottage Food" means food prepared at a
			 cottage food establishment for public distribution.
(5) "Cottage Food Establishment" means a food
			 establishment that meets the requirements under OAR 603-025-0320(1).
(6) "Event" means a singular location where
			 in-person sales occur.
(7) "Food
			 handler training program" means a food handler training program offered by the
			 Oregon Health Authority or designated agent of the Oregon Health Authority, or
			 offered by a local public health authority or designated agent of the local
			 public health authority that has been approved by the Oregon Health
			 Authority.
(8) "Freeze dried food"
			 means food that has gone through a process of having water removed by being
			 frozen and placed under a vacuum, allowing the ice to change directly from
			 solid to vapor without passing through a liquid phase.
(9) "Marijuana", "Marijuana item",
			 "Cannabinoid product", "Cannabinoid concentrate", and "Cannabinoid extract"
			 have the meaning given those terms in ORS
			 475C.009.
(10) "Package" means to place food into a
			 container that directly contacts the food and that the end user
			 receives.
(11) "Potentially
			 hazardous food" or "time/temperature controlled for safety food" means food
			 requiring temperature control due to the capacity to support the rapid and
			 progressive growth of infectious microorganisms or the growth of toxic
			 microorganisms. These foods include, but are not limited to:
(a) Food containing fresh, frozen, or dried
			 meat (including jerky);
(b) Food
			 made with fish or shellfish products;
(c) Food that requires any type of
			 refrigeration after production;
(d)
			 Focaccia-style breads made with vegetables or cheese; and
(e) Candied fresh fruit products including
			 caramel and candy apples.
(f)
			 Foods;
(A) That have been heat-treated to
			 destroy vegetative cells and subsequently packaged with a pH level greater than
			 4.60; or
(B) With a water activity
			 (Aw) greater than 0.850.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0320 - Cottage Food Establishment Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Cottage Food Establishment must:
(a) Operate from a domestic
			 kitchen;
(b) Prepare foods for
			 public distribution that are not time/temperature controlled for safety, and do
			 not contain marijuana or marijuana items;
(c) The foods prepared for public
			 distribution are only:
(A) Baked
			 goods;
(B) Confectionary items,
			 including freeze dried confectionary items;
(C) Coffee beans;
(D) Dried tea, spice, or seasoning blends
			 from commercial food;
(E)
			 Popcorn;
(F) Jams and jellies made
			 only with fruit that has a natural pH that is less than 4.60;
(G) Honey or honey products using commercial
			 food;
(H) Syrups;
(I) Fruit butters made only with fruit that
			 has a natural pH that is less than 4.60;
(J) Nut mixes;
(K) Repackaged freeze-dried foods from
			 commercial food;
(L) Repackaged
			 dried and dehydrated foods from commercial food; or
(M) Powdered drink mixes from commercial
			 food;
(d) The domestic
			 kitchen is maintained in a clean, healthful, and sanitary condition, by
			 maintaining or complying with all the following:
(A) Separate closed storage space for
			 ingredients, finished product containers, and labels used in the manufacture of
			 cottage food(s);
(B) Separate
			 refrigerated storage of perishable ingredients utilized in the processing,
			 preparing, or handling of cottage food(s);
(C) A separate storage area for household
			 cleaning materials and other chemicals or toxic substances;
(D) Medical supplies or equipment shall not
			 be stored or allowed in the domestic kitchen;
(E) No processing, preparing, packaging, or
			 handling of cottage foods shall be carried on in a domestic kitchen while pets
			 are present or while other domestic activities are being carried on in such
			 domestic kitchen, including, but not limited to;
(i) Family meal preparation, serving,
			 dishwashing, or eating;
(ii)
			 Clothes washing or ironing;
(iii)
			 Cleaning of floors, walls, cabinets, or appliances; or
(iv) Entertaining guests.
(e) The annual gross
			 sales of cottage foods do not exceed $50,000; and
(f) Each employee of the cottage food
			 establishment has successfully completed a food handler training program and
			 holds a certificate issued pursuant to ORS
			 624.570 and OAR chapter 333
			 division 175.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0325 - Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The label's
			 principal display panel for cottage food must contain the following statement,
			 "This product is homemade, is not prepared in an inspected food establishment,
			 and must be stored and displayed separately if merchandised by a
			 retailer."
(2) The label of food
			 prepared in a licensed domestic kitchen, or a cottage food establishment must
			 include:
(a) The name of the food;
(b) The ingredients (and sub-ingredients) of
			 the food in descending order by weight or volume;
(c) Any applicable allergen warnings as
			 specified in The Food Allergen Labeling & Consumer Protection Act of 2004
			 (FALCPA);
(d) The business name for
			 the food establishment;
(e) The
			 address of the food establishment, including;
(A) The full street address, city, state, and
			 zip code;
(B) The city, state, and
			 zip code if the name and address of the food establishment are listed in a city
			 directory; or
(C) The Unique
			 Identification number provided by the Department as detailed in OAR
			 603-025-0335;
(f) The
			 phone number for the cottage food establishment;
(g) The net weight or net volume of the
			 product in both English and metric units;
(h) If the label provides any nutrient
			 content claim, health claim or other nutritional information, product
			 nutritional information as described in Title 21, Part 101 of the Code of
			 Federal Regulations (2015); and
(i)
			 If there are pets in the residential dwelling the food label must include a
			 statement that:
(A) Pets were present in the
			 residential dwelling;
(B) Includes
			 the species using the common or usual name of the pet. Examples include, but
			 are not limited to: cat, dog, or rabbit; and
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0328 - Record Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 cottage food establishment must maintain sales records -that include the
			 following information:
(a) Location of sale;
(A) Grouped sales associated with an event
			 may be a single address and must include event organizer contact details if
			 applicable;
(B) Food establishment
			 sales outlet address, including point of contact information; or
(C) Individual online sales address and
			 contact information.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 25 - FOOD ESTABLISHMENT STANDARDS AND STANDARDS FOR RETAIL FOOD SERVICE ACTIVITIES › Section 603-025-0330 - Revocation of Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may order a food establishment to become
				licensed under ORS 616.695 to
				616.755 and OAR 603-025-0500 or
				OAR 603-021-0650 if it;
(1) Fails to
			 comply with OAR 603-025-0311 to 603-025-0330;
(2) Fails to test food products that have a
			 reasonable suspicion of being a time/temperature controlled for safety foods as
			 required under OAR 603-025-0320(2);
(3) Fails to maintain or refuses to provide
			 records as required in OAR 603-025-0328; or
(4) Fails to provide reasonable access to the
			 food establishment or interferes with inspections necessary to protect public
			 health. Reasonable access is between the weekday hours of 8 am to 5 pm, except
			 that if the Department deems it necessary, inspection may occur on weekends or
			 holidays or at any other times cottage foods are being processed, prepared,
			 packaged, or handled.
Statutory/Other Authority: ORS 561, 183,
				  616.028 & 616.273
Statutes/Other Implemented: ORS
				  561