2007 Oregon Code - Chapter 616 :: TITLE 49
TITLE 49
FOOD AND
OTHER COMMODITIES: PURITY,
SANITATION,
GRADES, STANDARDS, LABELS,
WEIGHTS AND
MEASURES
Chapter 616. General and Miscellaneous Provisions
618. Weights and Measures
619. Labeling and Inspection of Meat and Meat
Food Products
621. Milk; Dairy Products; Substitutes
622. Shellfish
624. Food Service Facilities
625. Bakeries and Bakery Products
628. Refrigerated Locker Plants
632. Grades, Standards and Labels for
Agricultural and Horticultural Products
633. Grades, Standards and Labels for Feeds,
Fertilizers and Seeds
634. Pesticide Control
635. Nonalcoholic Beverages
_______________
Chapter 616
General and Miscellaneous Provisions
2007 EDITION
GENERAL AND MISCELLANEOUS PROVISIONS
FOOD AND OTHER COMMODITIES
ADMINISTRATION AND ENFORCEMENT OF FOOD, DRINK
AND SANITATION LAWS GENERALLY
616.010 State
Department of Agriculture and Department of Human Services to administer and
enforce food laws
616.015 Cooperation
between Department of Human Services and State Department of Agriculture
616.020 Surveys
by Department of Human Services
616.065 Certificate
of analysis or test as evidence
REGULATION OF SULFITE USE
616.073 Policy
and prohibitions on sulfite use; exceptions
616.077 Department
of Human Services rules; exception
7
616.205 Definitions
for ORS 616.205 to 616.385
616.210 Selling
of food construed
616.215 Prohibited
acts
616.217 Restriction
on labeling or selling food fish product as halibut
616.220 Injunction
against violations of ORS 616.215
616.225 Disposal
of adulterated, misbranded, unsound or unsafe food or consumer commodity
616.230 Definitions
and standards; conformity to federal regulations; rules
616.235 When
food deemed adulterated; rules
616.245 Adding
poisonous or deleterious substance; rules
616.250 When
food deemed misbranded; rules
616.256 Labeling
exemption for foods to be repackaged; rules
616.265 When
advertisement deemed false
616.270 Determining
when label or advertisement misleading
616.275 Liability
for dissemination of false advertisement
616.286 Inspection
and investigation powers of department
616.295 Reports
and information issuable by department
616.305 District
attorney to prosecute violations
616.310 Notice
or warning of minor violations
616.315 Jurisdiction
of courts
616.320 Short
title
616.325 Consumer
commodity labeling requirements; restrictions on consumer commodity
distribution; rulemaking; conformance to federal standards
616.330 Alcoholic
beverage exemption
616.333 Diethylstilbestrol
use in food; label
PESTICIDE CHEMICALS AND FOOD ADDITIVES
616.335 Definition
for ORS 616.205 and 616.335 to 616.385
616.341 Use
of poisons, pesticides or food additives restricted
616.345 Rules
governing use of pesticide chemicals
616.350 Control
of food additives; rules
616.355 Enforcement
procedure for violation of ORS 616.341, 616.345 or 616.350
616.360 Standards
for rules
616.366 Rules
for use of poisons, pesticides, food or color additives; matters to be
considered
616.380 Enforcement
procedure for control of food additives
616.385 Public
hearing required for rules
SANITARY REGULATIONS FOR FOOD AND FOOD
ESTABLISHMENTS
616.695 Definitions
for ORS 616.695 to 616.755
616.700 Department
to enforce sanitation requirements for food and food establishments; rules
616.706 Licenses;
sanctions; changes; posting; cancellation; fees
616.708 Additional
users of establishment; fees; rules
616.711 Where
licenses not required; when ORS 616.695 to 616.755 not applicable
616.716 When
inspection authorized; ORS 616.695 to 616.755 in addition to other laws
616.721 Exemptions
from ORS 616.695 to 616.755
616.726 City
regulation of food and food establishments authorized; department to examine
city regulation for adequacy
616.731 Deposit
and use of fees and money
616.735 When
insanitary conditions exist
616.740 Condemnation
where insanitary conditions exist
616.745 Handling
of food by diseased persons prohibited; rules
616.750 Procedure
where food handler suspected of disease
616.755 Securing
information from health officers
STANDARDS OF QUALITY AND IDENTITY FOR FLOUR
PRODUCTS
616.775 Definitions
for ORS 616.775 to 616.790
616.780 Standards
of quality or identity for flours, macaroni and noodle products
616.785
616.790 Enforcement
of ORS 616.775 to 616.790 by department; inspection; sampling; failure to
permit inspection; rules
OPEN DATE LABELING
616.800 Short
title
616.805 Definitions
for ORS 616.800 to 616.835 and 616.994
616.810 Exemption
for alcoholic beverages
616.815 Open
date labeling required for packaged perishable food sold at retail
616.820 Label
required to be affixed to package not later than time of delivery to retail
seller
616.825
616.830 Altering
labels or using nonconforming labels prohibited
616.835 Rulemaking
authority
UNIT PRICING
616.850 Definitions
for ORS 616.850 to 616.890
616.855 Items
exempt from unit pricing requirements
616.860 Unit
pricing of packaged consumer commodities required; explanation to consumers
616.865 Temporary
sale items exempt
616.870 Prescribed
pricing by units of measurement
616.875 Rules;
retail establishments presumed subject to unit pricing until exempted by
department
616.880 Written
warning notice for minor violation
616.890 Short
title
PENALTIES
616.992 General
criminal penalty
616.994 Criminal
penalty for open date labeling law violations
616.996 Civil
penalty; judicial review
616.005 [Repealed by 2003 c.14 §361]
ADMINISTRATION
AND ENFORCEMENT OF FOOD, DRINK AND SANITATION LAWS GENERALLY
616.010
State Department of Agriculture and Department of Human Services to administer
and enforce food laws. The
duty of administration and enforcement of all regulatory legislation applying
to:
(1) The production, processing and
distribution of all food products or commodities of agricultural origin shall,
in addition to such further legislation as shall specifically name the State
Department of Agriculture as the administering agency, be performed by the
department to the exclusion of any other department not so specifically named.
(2) The sanitation of establishments where
food or drink is consumed on the premises where sold, or to sanitary practices
used in such establishments, shall be performed by the Department of Human
Services. [Amended by 1983 c.740 §230]
616.015
Cooperation between Department of Human Services and State Department of
Agriculture. In order to
more effectively utilize the agencies of the state in the public interest and
without unnecessary duplication and expense, the relationship between the
production, processing and distribution of food and the public health hereby is
recognized. Therefore there shall be the fullest cooperation between the
Department of Human Services and the State Department of Agriculture.
616.020
Surveys by Department of Human Services. (1) In addition to any Department of Human Services survey,
investigation or inquiry authorized by law that involves the production,
processing or distribution of agricultural products, the Department of Human
Services shall make such further surveys, investigations or inquiries as may be
requested by the Director of Agriculture for the purpose of showing the manner
in which the production, processing or distribution of agricultural products
may affect the public health.
(2) In order that maximum protection to
the public health may result from the activities of the Department of Human
Services and the State Department of Agriculture, the Department of Human
Services shall notify the Director of Agriculture in writing of any
contemplated survey that affects or may affect agricultural products that are
under the regulation of the State Department of Agriculture. The notice shall
cover in detail the scope of the survey under consideration, and the reasons
therefor. However, this section shall not be construed as prohibiting the Department
of Human Services from taking immediate action in any case where such action
seems necessary in the interests of public health. The written notice is not
required in the case of a survey instituted on the request of the Director of
Agriculture.
(3) Not less than 30 days after the
completion of any such survey, the Department of Human Services shall file with
the Director of Agriculture a certified copy of its report. The report shall
include the findings of the Department of Human Services with respect to all
matters covered thereby. Whenever the findings in the report of any survey,
investigation or inquiry made by the Department of Human Services show any
hazard to public health existing incident to the production, processing or
distribution of any agricultural commodity, the State Department of Agriculture
shall take such action as may be necessary and within the scope of its
resources to remove such hazards. [Amended by 2001 c.900 §208; 2003 c.14 §362]
616.025 [Amended by 1953 c.686 §37; 1965 c.107 §1;
1973 c.174 §17; repealed by 1973 c.227 §26]
616.030 [Repealed by 1953 c.686 §37]
616.035 [Repealed by 1953 c.686 §37]
616.040 [Repealed by 1953 c.686 §37]
616.045 [Repealed by 1953 c.686 §37]
616.050 [Repealed by 1953 c.686 §37]
616.055 [Repealed by 1973 c.227 §26]
616.060 [Repealed by 1973 c.227 §26]
616.062 [Repealed by 1953 c.686 §37]
616.065
Certificate of analysis or test as evidence. The certificate of analysis or test of any chemist, or other
authorized officer, employee or deputy of the State Department of Agriculture,
signed and certified to by that person, is prima facie evidence in all courts
of justice of the matters and facts certified to therein.
616.070 [Repealed by 1973 c.227 §26]
REGULATION OF
SULFITE USE
616.073
Policy and prohibitions on sulfite use; exceptions. (1) The Legislative Assembly finds that
sulfites used as an additive in fresh foods and foods to be consumed without
cooking may have already caused the death of one Oregonian and may pose a
threat to the health of thousands of Oregonians.
(2) The Legislative Assembly further finds
that the presence of sulfites in fresh foods and foods to be consumed without
cooking is not readily detectable by consumers of the food.
(3) It is therefore the policy of the
State of
(a) Prohibiting the use of sulfites in
fresh foods and foods to be consumed without cooking by any restaurant licensed
under ORS 624.010 to 624.121 and 624.310 to 624.430; and
(b) Encouraging the use of an alternative
to sulfites in food processing.
(4) Subsection (3) of this section shall
not prohibit the use or serving of grapes, to which sulfites have been applied
in accordance with the provisions of ORS chapters 616 and 634, in facilities
licensed under ORS 624.010 to 624.121 and 624.310 to 624.430. [1985 c.519 §1;
1993 c.246 §1]
616.075 [Repealed by 1969 c.131 §5]
616.077
Department of Human Services rules; exception. (1) The Department of Human Services shall
adopt any rules necessary to implement the policy established in ORS 616.073.
(2) Rules adopted by the Department of
Human Services under subsection (1) of this section to implement the policy of
the State of Oregon to prohibit the use of sulfites in fresh foods and foods to
be consumed without cooking do not apply to a food processing establishment
licensed under ORS 616.695 to 616.755. [1985 c.519 §§2,3; 2003 c.309 §7]
616.080 [Amended by 1953 c.686 §37; 1965 c.107 §2;
1973 c.174 §18; repealed by 1973 c.227 §26]
616.085 [Repealed by 1953 c.686 §37]
616.090 [Repealed by 1973 c.227 §26]
616.095 [Amended by 1953 c.66 §2; part renumbered
561.605 to 561.620; part renumbered as part of 561.625]
616.100 [Renumbered as part of 561.625]
616.110 [Renumbered 561.630]
616.115 [Repealed by 1973 c.227 §26]
616.120 [Repealed by 1973 c.227 §26]
616.205
Definitions for ORS 616.205 to 616.385. As used in ORS 616.205 to 616.385, unless the context clearly
indicates a different meaning:
(1) Advertisement includes all
representations disseminated in any manner or by any means, other than by
labeling, for the purpose of inducing, or which are likely to induce, directly
or indirectly, the purchase of the food.
(2) Color includes black, white and
intermediate grays.
(3)(a) Color additive means a material
that:
(A) Is a dye, pigment, or other substance
made by a process of synthesis or similar artifice, or extracted, isolated, or
otherwise derived, with or without intermediate or final change of identity,
from a vegetable, animal, mineral, or other source; or
(B) When added or applied to a food or to
the human body or any part thereof, is capable, alone or through reaction with
other substance, of imparting color thereto.
(b) Color additive does not include any
material that has been exempted under the federal Act.
(c) Notwithstanding paragraph (a) of this
subsection, color additive does not include any pesticide chemical, soil or
plant nutrient, or other agricultural chemical solely because of its effect in
aiding, retarding or otherwise affecting, directly or indirectly, the growth or
other natural physiological process of produce of the soil and thereby
affecting its color, whether before or after harvest.
(4) Consumer commodity means any food as
defined by ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295,
616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790 and
616.992 or by the federal Act.
(5) Contaminated with filth means the
condition of any food not securely protected from dust, dirt and, as far as may
be necessary by all reasonable means, from all foreign or injurious substances.
(6) Director means the Director of
Agriculture.
(7) Federal Act means the Federal Food,
Drug and Cosmetic Act, 21 U.S.C. 301 et seq., 52 Stat. 1040 et seq.
(8) Food means:
(a) Articles used for food or drink,
including ice, for human consumption or food for dogs and cats;
(b) Chewing gum; and
(c) Articles used for components of any
such article.
(9) Food additive means any substance
the intended use of which results or may reasonably be expected to result,
directly or indirectly, in its becoming a component or otherwise affecting the
characteristics of any food, including any substance intended for use in
producing, manufacturing, packing, processing, preparing, treating, packaging,
transporting, or holding food, and including any source of radiation intended
for any such use, if such substance is not generally recognized, among experts
qualified by scientific training and experience to evaluate its safety, as
having been adequately shown through scientific procedures or experience based
on common use in food to be safe under the conditions of its intended use. Food
additive does not include:
(a) A pesticide chemical in or on a raw
agricultural commodity;
(b) A pesticide chemical to the extent
that it is intended for use, or is used in the production, storage or
transportation of any raw agricultural commodity; or
(c) A color additive.
(10) Food establishment means:
(a) Any room, building, structure or
place, used or intended for use, or operated for storing, preparing,
compounding, manufacturing, processing, freezing, packaging, distributing,
handling or displaying food.
(b) The ground upon which such place or
business is operated or used and so much ground adjacent thereto as is also
used in carrying on the business of the establishment. The State Department of
Agriculture may prescribe such additional area or places which, although they
may not be contiguous or adjacent to the above area or establishment, may be
included therein.
(c) Vehicles, machinery, equipment,
utensils, tools, fixtures, implements and all other articles or items, used in
operating or carrying on the business of a food establishment.
(11) Immediate container does not
include package liners.
(12) Label means a display of written,
printed or graphic matter upon the immediate container of any article. A
requirement made under authority of ORS 616.205 to 616.215, 616.225 to 616.256,
616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to
616.366, 616.790 and 616.992 that any word, statement or other information
appears on a label has not been obeyed unless such word, statement or other
information also appears on the outside container or wrapper, if any there be,
of the retail package of such article or unless such word, statement or
information is easily legible through the outside container or wrapper.
(13) Labeling means all labels and other
written, printed or graphic matters upon an article or any of its containers or
wrappers, or accompanying such article.
(14) Package means any container or
wrapping in which any consumer commodity is enclosed for use in the delivery or
display of that consumer commodity to retail purchasers, but does not include:
(a) Shipping containers or wrappings used
solely for the transportation of any consumer commodity in bulk or in quantity
to manufacturers, packers or processors, or to wholesale or retail distributors
thereof; or
(b) Shipping containers or outer wrappings
used by retailers to ship or deliver any commodity to retail customers if such
containers and wrappings bear no printed matter pertaining to any particular
commodity.
(15) Pesticide chemical means any
substance which, alone, in chemical combination or in formulation with one or
more other substances is a pesticide as defined in ORS 634.006.
(16) Principal display panel means that
part of a label that is most likely to be displayed, presented, shown or
examined under normal and customary conditions of display for retail sale.
(17) Raw agricultural commodity means
any food in its raw or natural state, including all fruits that are washed,
colored, or otherwise treated in their unpeeled natural form prior to
marketing. [Amended by 1961 c.637 §1; 1973 c.227 §1; 1983 c.160 §2; 1983 c.740 §231;
1987 c.158 §120a; 2001 c.320 §2; 2003 c.14 §§363,364]
616.210
Selling of food construed.
The provisions of ORS 616.205 to 616.295 regarding the selling of food include
the manufacture, production, processing, packing, exposure, offer, possession
and holding of any such article for sale; and the sale, dispensing and giving
of any such article, and the supplying or applying of any such articles in the
conduct of any food establishment. [Amended by 1973 c.227 §2]
616.215
Prohibited acts. The
following acts and the causing thereof within the State of
(1) The manufacture, sale or delivery,
holding or offering for sale of any food that is adulterated or misbranded.
(2) The adulteration or misbranding of any
food.
(3) The receipt in commerce of any food
that is adulterated or misbranded, and the delivery or proffered delivery
thereof for pay or otherwise.
(4) The distribution in commerce of a
consumer commodity if such commodity is contained in a package, or if there is
affixed to that commodity a label, which does not conform to ORS 616.205 to
616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325,
616.330, 616.341, 616.350 to 616.366, 616.790 and 616.992 and of rules
promulgated pursuant thereto. However, this prohibition does not apply to
persons engaged in business as wholesale or retail distributors of consumer
commodities except to the extent that such persons:
(a) Are engaged in the packaging or
labeling of such commodities; or
(b) Prescribe or specify by any means the
manner in which such commodities are packaged or labeled.
(5) The dissemination of any false
advertisement.
(6) The refusal to permit entry or
inspection, or to permit the taking of a sample, or to permit access to or the
copying of any record, as authorized.
(7) The giving of a guaranty or
undertaking which is false, except by a person who relied on a guaranty or
undertaking to the same effect signed by, and containing the name and address
of the person from whom the person received in good faith the food.
(8) The removal or disposal of a detained
or embargoed article in violation of ORS 616.225.
(9) The alteration, mutilation,
destruction, obliteration or removal of the whole or any part of the labeling
of, or the doing of any other act with respect to a food, if such act is done
while such article is held for sale and results in such article being adulterated
or misbranded.
(10) Forging, counterfeiting, simulating
or falsely representing, or without proper authority using any mark, stamp,
tag, label or other identification device authorized or required by rules
promulgated under the provisions of ORS 616.205 to 616.295 and 616.305 to
616.315.
(11) The use by any person to the persons
own advantage, or disclosure, other than to the Director of Agriculture or the
authorized representative of the director or to the courts when relevant in any
judicial proceeding under ORS 616.205 to 616.385, of any information acquired
under the authority of ORS 616.205 to 616.385 concerning any method or process
which is a trade secret entitled to protection. [Amended by 1973 c.227 §3; 2001
c.320 §3]
616.217
Restriction on labeling or selling food fish product as halibut. No person shall label or offer for sale any
food fish product designated as halibut, with or without additional descriptive
words, unless such food fish product is Hippoglossus hippoglossus or
Hippoglossus stenolepsis. [1967 c.413 §2]
616.220
Injunction against violations of ORS 616.215. In addition to the remedies provided by ORS 616.205 to 616.295, the
State Department of Agriculture or its authorized agents may apply to the
circuit court for, and such court shall have jurisdiction upon hearing and for
cause shown to grant, a temporary or permanent injunction restraining any
person from violating any provision of ORS 616.215, irrespective of whether or
not there exists an adequate remedy at law.
616.225
Disposal of adulterated, misbranded, unsound or unsafe food or consumer
commodity. (1) Whenever a
duly authorized representative of the State Department of Agriculture finds, or
has probable cause to believe, that any food or consumer commodity is adulterated,
or so misbranded as to be dangerous or fraudulent, within the meaning of ORS
616.205 to 616.295, the representative shall affix to such article a tag or
other appropriate marking, giving notice that such article is, or is suspected
of being adulterated or misbranded and has been detained, embargoed or seized,
and warning all persons not to remove or dispose of such article by sale or
otherwise until permission for removal or disposal is given by an authorized
representative of the department. No person shall remove or dispose of such
detained, embargoed or seized article by sale or otherwise without permission
of the department.
(2) Whenever the department or any of its
authorized representatives finds in any room, building, vehicle of
transportation, or other structure, any meat, fluid milk, dairy product,
seafood, poultry, vegetable, fruit or other perishable articles which are
unsound, or contain any filthy, decomposed or putrid substance, or that may be
poisonous or deleterious to health or otherwise unsafe, the same hereby being
declared a nuisance, the department or its authorized representative forthwith
shall condemn or destroy the same, or in any other manner render it unsalable
as human food.
(3) The department shall carry out the
provisions of this section as provided in ORS 561.605 to 561.630. [Amended by
1973 c.227 §4]
616.230
Definitions and standards; conformity to federal regulations; rules. (1) The State Department of Agriculture, by
rule, shall establish definitions and standards of identity, quality and fill
of container for the State of
(2) Whenever in the judgment of the
department such action will promote honesty and fair dealing in the interest of
consumers, the department shall promulgate rules establishing definitions and
standards of identity, quality and fill of container for foods for which no
such definitions or standards have been established under the federal Act. In
addition, the department may promulgate rules supplementing or amending any
rule under the federal Act which sets definitions and standards of identity,
quality and fill of container for foods.
(3) Temporary permits for interstate
shipment of experimental packs of food varying from the requirements of
definitions and standards of identity under the federal Act are effective in
this state under the conditions stated in such permits. In addition, the
department may issue additional permits when such permits are determined by the
department to be necessary to the completion or conclusiveness of an otherwise
adequate investigation and when the interests of consumers are safeguarded.
Such permits shall be subject to any terms and conditions the department may
prescribe. [Amended by 1973 c.227 §5; 1975 c.304 §5]
616.235
When food deemed adulterated; rules. A food shall be deemed to be adulterated:
(1)(a) If it bears or contains any
poisonous or deleterious substance which may render it injurious to health.
However, if the substance is not an added substance such food shall not be
considered adulterated under this paragraph if the quantity of such substance
in such food does not ordinarily render it injurious to health.
(b) If it bears or contains any added
poisonous or added deleterious substance, other than a pesticide chemical in or
on a raw agricultural commodity and other than a food additive or color
additive, which is unsafe within the meaning of ORS 616.245, or it is a raw
agricultural commodity and it bears or contains a pesticide chemical which is
unsafe within the meaning of ORS 616.341 or if it is, bears or contains any
food additive which is declared unsafe by the State Department of Agriculture
under ORS 616.350. However, when a pesticide chemical has been used in or on a
raw agricultural commodity in conformity with an exemption granted or tolerance
prescribed under ORS 616.341, and such raw agricultural commodity has been
subjected to processing, such as canning, cooking, freezing, dehydrating or
milling, the residue of such pesticide chemical remaining in or on such
processed food, notwithstanding ORS 616.341 and this section are not unsafe if
such residue in or on the raw agricultural commodity has been removed to the
extent possible in good manufacturing practice, and the concentration of such
residue in the processed food when ready-to-eat, is not greater than the
tolerance prescribed for the raw agricultural commodity.
(c) If it consists in whole or in part of
a diseased, contaminated, filthy, putrid or decomposed substance, or if it is
otherwise unfit for food.
(d) If it has been produced, prepared,
packed or held under insanitary conditions whereby it may have become
contaminated with filth, or whereby it may have been rendered diseased,
unwholesome or injurious to health.
(e) If it is, in whole or in part, the
product of a diseased animal or an animal which has died otherwise than by
slaughter, or that has been fed upon the uncooked offal from a slaughterhouse.
(f) If its container is composed, in whole
or in part, of any poisonous or deleterious substance which may render the
contents injurious to health.
(2)(a) If any valuable constituent has
been in whole or in part omitted or abstracted therefrom;
(b) If any substance has been substituted
wholly or in part therefor;
(c) If damage or inferiority has been
concealed in any manner; or
(d) If any substance has been added
thereto or mixed or packed therewith so as to increase its bulk or weight, or
reduce its quality or strength or make it appear better or of greater value
than it is.
(3)(a) If it is confectionery and has
partially or completely imbedded therein any nonnutritive object. This
paragraph does not apply in the case of any nonnutritive object if, in the
judgment of the department, such object is of some practical functional value
to the confectionery product and would not render the product injurious or hazardous
to health.
(b) If it bears or contains any alcohol
except alcohol not in excess of one-half of one percent by weight used solely
as a flavoring.
(c) If it bears or contains any
nonnutritive substance. This paragraph does not apply to a nonnutritive substance
which is in or on confectionery if, in the judgment of the department, its use
is of some practical functional value in the manufacture, packaging or storing
of such confectionery and if the use of such substance does not promote
deception of the consumer or otherwise result in adulteration or misbranding in
violation of any provision of ORS 616.205 to 616.215, 616.225 to 616.256,
616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to
616.366, 616.790 and 616.992. The department, for the purpose of avoiding
uncertainty in the application of this subsection, may promulgate rules
allowing or prohibiting the use of particular nonnutritive objects or
substances.
(d) If it bears or contains any color
additive which is determined unsafe pursuant to ORS 616.350. [Amended by 1959
c.301 §1; 1961 c.637 §2; 1973 c.227 §6; 1983 c.304 §1]
616.240 [Repealed by 1965 c.501 §10]
616.245
Adding poisonous or deleterious substance; rules. Any poisonous or deleterious substance,
other than a pesticide, added to any food except when the substance is required
in the production thereof or cannot be avoided by good manufacturing practice
shall be deemed to be unsafe for purposes of the application of ORS 616.235
(1)(b). When the substance is so required or cannot be so avoided, the State
Department of Agriculture shall adopt rules limiting the quantity of the
substance to the extent the department finds necessary for the protection of
public health, and any quantity exceeding the limits so fixed shall also be
deemed to be unsafe for purposes of the application of ORS 616.235 (1)(b).
While such a rule is in effect limiting the quantity of any such substance in
the case of any food, the food is not, by reason of bearing or containing any
added amount of such substance, considered to be adulterated within the meaning
of ORS 616.235 (1)(a). In determining the quantity of the added substance to be
tolerated in or on different articles of food, the department shall take into
account the extent to which the use of the substance is required or cannot be
avoided in the production of each article and the other ways in which the
consumer may be affected by the same or other poisonous or deleterious
substances. [Amended by 1973 c.227 §7; 2005 c.22 §412]
616.250
When food deemed misbranded; rules. A food shall be deemed to be misbranded:
(1) If its labeling is false or misleading
in any particular, or fails to conform to ORS 616.325.
(2) If it is offered for sale under the
name of another food.
(3) If it is an imitation of another food,
unless its label bears in type of uniform size and prominence the word imitation
and, immediately thereafter, the name of the food imitated.
(4) If its container is so made, formed or
filled as to be misleading.
(5) If in package form:
(a) Unless it bears a label containing:
(A) The name and place of business of the
manufacturer, packer or distributor; and
(B) An accurate statement of the net
quantity of the contents in terms of weight, measure, volume or numerical
count. The statement shall be separately and accurately stated upon the
principal display panel of the label.
(b) The same reasonable variations allowed
in ORS chapter 618 shall be permitted.
(c) Exemptions as to small packages shall
be established by rules promulgated by the State Department of Agriculture.
(6) If any word, statement or other
information required by or under authority of ORS 616.205 to 616.295 to appear
on the label or labeling is not prominently placed thereon with such
conspicuousness, as compared with other words, statements, designs or devices,
in the labeling, and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of purchase
and use.
(7) If it purports to be or is represented
as a food for which a definition and standard of identity has been prescribed
by rule as provided by ORS 616.230, unless it conforms to such definition and
standard and its label bears the name of the food specified in the definition
and standard, and, in so far as may be required by such rule, the common names
of optional ingredients, other than spices, flavoring and coloring present in
such food.
(8) If it purports to be or is represented
as a food for which a standard of quality has been prescribed by rule as
provided by ORS 616.230 and its quality falls below the standards such rule
specifies, a statement that it falls below such standard.
(9) If it is a food for which a standard
or standards of fill of container have been prescribed by rule as provided by
ORS 616.230, and it falls below the standard of fill of container applicable
thereto, unless its label bears, in such manner and form as such rule
specifies, a statement that it falls below such standard.
(10) If it is not subject to the
provisions of subsection (7) of this section, unless its label bears:
(a) The common or usual name of the food,
if any there be; and
(b) In case it is fabricated from two or
more ingredients, the common or usual name of each such ingredient.
However,
spices, flavorings and colorings, other than those sold as such, may be
designated as spices, flavorings and colorings, without naming them. To the
extent that compliance with the requirements of paragraph (b) of this
subsection is impractical or results in deception or unfair competition,
exemptions shall be established by rule promulgated by the department.
(11) If it purports to be or is
represented for special dietary uses, unless its label bears such information
concerning its vitamin, mineral and other dietary properties as the department
determines to be, and by rule prescribed as, necessary in order to fully inform
purchasers as to its value for such uses.
(12) If it bears or contains any
artificial flavoring, artificial coloring or chemical preservative, unless it
bears labeling stating that fact. To the extent that compliance with the
requirements of this subsection is impracticable, exemptions shall be
established by rule promulgated by the department. This subsection and
subsections (7) and (10) of this section with respect to artificial coloring do
not prohibit the use of harmless coloring matter in butter, cheese or ice
cream. The provisions of this subsection with respect to chemical preservatives
do not apply to a pesticide chemical when used in or on a raw agricultural
commodity which is the product of the soil.
(13) If it is a raw agricultural commodity
which is the product of the soil, bearing or containing a pesticide chemical
applied after harvest, unless the shipping container of such commodity bears labeling
which declares the presence of such chemical in or on such commodity and the
common or usual name and the function of such chemical. However, no such
declaration is required while such commodity, having been removed from the
shipping container, is being held or displayed for sale at retail out of such
container in accordance with the custom of the trade.
(14) If following the labeled directions
or instructions on the product in using it as a food ingredient will result in
the final food being adulterated or misbranded.
(15) If it is a color additive, unless its
packaging and labeling are in conformity with the packaging and labeling
requirements applicable to such color additive prescribed under the provisions
of the federal Act.
(16) If it has been salvaged, unless it
bears labeling or notification stating that fact. For the purposes of this
subsection, salvaged means the reconditioning, repacking, relabeling,
cleaning or culling of foods that have been damaged or adulterated as a result
of fire, storm, flood, water, smoke, chemicals, radiation or commercial transit
accident. [Amended by 1953 c.267 §2; 1973 c.227 §8; 1973 c.563 §1; 1983 c.740 §232;
1989 c.1025 §9; 2001 c.320 §4]
616.255 [Repealed by 1973 c.227 §9 (616.256 enacted
in lieu of 616.255)]
616.256
Labeling exemption for foods to be repackaged; rules. The State Department of Agriculture may by
rule exempt from any of the labeling requirements of ORS 616.205 to 616.385,
food which is, in accordance with the practice of the trade, to be processed,
labeled or repacked in substantial quantities at establishments other than
those where originally processed or packed. Such exemptions shall be
conditioned upon the fact that such food is not adulterated or misbranded under
the provisions of ORS 616.205 to 616.385, upon the removal from such
processing, labeling or repacking establishment. [1973 c.227 §10 (enacted in
lieu of 616.255); 2001 c.320 §5]
616.260 [Repealed by 1973 c.227 §26]
616.265
When advertisement deemed false. An advertisement of a food shall be deemed to be false if it is false
or misleading in any particular.
616.270
Determining when label or advertisement misleading. If any article is alleged to be misbranded
because the labeling is misleading, or if any advertisement is alleged to be
false because it is misleading, then in determining whether the labeling or
advertisement is misleading, there shall be taken into account, among other
things, not only representations made or suggested by statement, word, design,
device, sound or in any combination thereof, but also the extent to which the
labeling or advertisement fails to reveal facts material in the light of such
representations or material with respect to consequences which may result from
the use of the article to which the labeling or advertisement relates under the
conditions of use prescribed in the labeling or advertisement thereof or under
such conditions of use as are customary or usual.
616.275
Liability for dissemination of false advertisement. No publisher, radio broadcast licensee or
agency or medium for the dissemination of an advertisement, except the
manufacturer, packer, distributor or seller of the article to which a false
advertisement relates, is liable under this section by reason of the
dissemination by the publisher, licensee or agency or medium of such false
advertisement, unless the publisher, licensee or agency or medium has refused,
on the request of the State Department of Agriculture, or its authorized
representative, to furnish the department the name and post-office address of
the manufacturer, packer, distributor, seller or advertising agency who caused
the publisher, licensee or agency or medium to disseminate the advertisement.
616.280 [Repealed by 1961 c.637 §17]
616.285 [Repealed by 1973 c.227 §11 (616.286 enacted
in lieu of 616.285)]
616.286
Inspection and investigation powers of department. (1) For purposes of enforcement of ORS
616.205 to 616.385, the State Department of Agriculture or any of its
authorized representatives are authorized upon presentation of appropriate
credentials to the owner, operator or agent in charge:
(a) To enter at reasonable times any food
establishment or warehouse in which food is being held for introduction into
commerce or vehicle being used to transport, hold or introduce such food in
commerce.
(b) To inspect at reasonable times and
within reasonable limits such food establishment, warehouse or vehicle and all
pertinent equipment, finished and unfinished materials, containers and labeling
therein, and to obtain samples necessary to the enforcement of ORS 616.205 to
616.385.
(c) To have access to and to copy all
records of carriers in commerce showing the movement in commerce of any food or
the holding thereof during or after such movement, and the quantity, shipper
and consignee thereof. Evidence obtained under the authority of this paragraph
may not be used in a criminal prosecution of the person from whom obtained and
carriers are not subject to other provisions of ORS 616.205 to 616.385 by
reason of their receipt, carriage, holding or delivery of food in the usual
course of business as carriers.
(d) To enter at reasonable times any
retail food establishment holding a valid liquor license to insure that the
retail establishment properly posts the sign required by ORS 471.551.
(2) Upon completion of any inspection of a
food establishment, warehouse or vehicle, and prior to leaving the premises,
the authorized representative of the department making the inspection shall
furnish to the owner, operator or agent in charge a written report setting
forth any conditions or practices observed by such representatives which in the
judgment of the representative indicate that any food in such establishment,
warehouse or vehicle:
(a) Consists in whole or in part of any
filthy, putrid or decomposed substance; or
(b) Has been prepared, packed or held, in
whole or in part, under insanitary conditions whereby it may have become
contaminated with filth or whereby it may have been rendered injurious to
health.
(3) If the authorized representative of
the department making any inspection of a food establishment, warehouse or
vehicle has obtained samples in the course of such inspection, upon completion
of the inspection and prior to leaving the premises, the representative shall
furnish to the owner, operator or agent in charge a receipt describing the
samples obtained, and shall tender or offer payment therefor.
(4) If samples are obtained as provided in
subsection (3) of this section, and analyses are made of such samples for the
purpose of ascertaining whether such food consists in whole or in part of any
filthy, putrid or decomposed substance or is otherwise unfit for food, a copy
of the results of such analyses shall be furnished by the department to the
owner, operator or agent in charge. [1973 c.227 §12 (enacted in lieu of
616.285); 1991 c.324 §7; 2001 c.320 §6]
616.290 [Repealed by 1973 c.227 §26]
616.295
Reports and information issuable by department. (1) The State Department of Agriculture may
cause to be published from time to time reports summarizing all judgments and
court orders which have been rendered under ORS 616.205 to 616.295, 616.305 to
616.315, and 616.992, including the nature of the charge and the disposition
thereof.
(2) The department also may cause to be
disseminated such information regarding food as the department deems necessary
in the interest of public health and the protection of the consumer against
fraud.
(3) Nothing in this section shall be
construed to prohibit the department from collecting, reporting and
illustrating the results of its investigations. [Amended by 1973 c.227 §13;
2003 c.576 §525]
616.300 [Repealed by 1953 c.686 §37]
616.305
District attorney to prosecute violations. The district attorney of each county to whom the State Department of
Agriculture or its authorized representative reports any violation of ORS
616.205 to 616.295 or 616.305 to 616.315 shall cause appropriate proceedings to
be instituted in the proper courts without delay and to be prosecuted in the manner
required by law.
616.310
Notice or warning of minor violations. Nothing in ORS 616.205 to 616.295, 616.305 to 616.315 and 616.992
shall be construed as requiring the State Department of Agriculture to report
for the institution of proceedings under those sections minor violations of
those sections whenever the department believes that the public interest will
be served adequately in the circumstances by a suitable written notice or
warning. [Amended by 1973 c.227 §14]
616.315
Jurisdiction of courts.
Justice courts have concurrent jurisdiction with the circuit courts for the
enforcing of the provisions of ORS 616.205 to 616.295, 616.305 to 616.315 and
616.992. [Amended by 1973 c.227 §15]
616.320
Short title. ORS 616.205 to
616.385 may be cited as the Oregon Food Law. [Amended by 2001 c.320 §7]
616.325
Consumer commodity labeling requirements; restrictions on consumer commodity
distribution; rulemaking; conformance to federal standards. (1) All labels of consumer commodities shall
conform to such requirements for the declaration of net quantity of contents as
the State Department of Agriculture by rule may prescribe. In carrying out the
provisions of this subsection, the department shall consider the requirements
and exemptions provided in the federal Fair Packaging and Labeling Act, 15
U.S.C. 1451, et seq., as amended, and the rules promulgated pursuant thereto.
(2) The label of any package of a consumer
commodity which bears a representation as to the number of servings of such
commodity contained in such package shall bear a statement of the net quantity,
in terms of weight, measure or numerical count, of each such serving.
(3) No person shall distribute or cause to
be distributed in commerce any packaged consumer commodity if any qualifying
words or phrases appear in conjunction with the separate statement of the net
quantity of contents required by subsection (1) of this section, but nothing in
this subsection prohibits supplemental statements, at other places on the
package, describing in nondeceptive terms the net quantity of contents. Such
supplemental statements of net quantity of contents shall not include any term
qualifying a unit of weight, measure or count that tends to exaggerate the
amount of the commodity contained in the package.
(4) Whenever the department determines
that rules containing prohibitions or requirements other than those prescribed
by subsection (1) of this section are necessary to prevent the deception of
consumers or to facilitate value comparisons as to any consumer commodity, the
department shall promulgate rules with respect to that commodity which:
(a) Establish and define standards for the
characterization of the size of a package enclosing any consumer commodity,
which may be used to supplement the label statement of net quantity of contents
of packages containing such commodity. This paragraph shall not be construed as
authorizing any limitation on the size, shape, weight, dimensions or number of
packages which may be used to enclose any commodity;
(b) Regulate the placement upon any
package containing any consumer commodity or upon any label affixed to such
commodity, of any printed matter stating or representing by implication that
such commodity is offered for retail sale at a price lower than the ordinary and
customary retail sale or that a retail sale price advantage is accorded to
purchasers thereof by reason of the size of that package or the quantity of its
contents;
(c) Require that the label on each package
of a consumer commodity bear the common or usual name of such consumer
commodity, if any, and in case such consumer commodity consists of two or more
ingredients, the common or usual name of each such ingredient listed in order
of decreasing predominance. However, nothing in this paragraph requires that
any trade secret be divulged; or
(d) Prevent the nonfunctional slack-fill
of packages containing consumer commodities.
(5) For the purposes of subsection (4)(d)
of this section, a package is nonfunctionally slack-filled if it is filled to
substantially less than its capacity for reasons other than protection of the
contents of such package or the requirements of machines used for enclosing the
contents in such package. The department may adopt any rules promulgated by the
federal government pursuant to the federal Fair Packaging and Labeling Act, 15
U.S.C. 1451, et seq. [1973 c.227 §24; 1975 c.304 §15]
616.330
Alcoholic beverage exemption.
ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315,
616.325, 616.341, 616.350 to 616.366, 616.790, 616.992, rules adopted by the
Department of Human Services under ORS 616.077 (1) and this section do not
apply to alcoholic beverages. [1973 c.227 §25a; 1985 c.519 §4]
Note: 616.330 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 616 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
616.333
Diethylstilbestrol use in food; label. (1) A retail or wholesale food distributor shall place a warning label
on food containing diethylstilbestrol.
(2) The label shall state:
______________________________________________________________________________
WARNING: This
product contains diethylstilbestrol (DES), a synthetic hormone. Studies associate
consumption of DES with vaginal cancer and male genital abnormalities.
______________________________________________________________________________
(3) As used in this section, food means
fruits, vegetables, meats, poultry, eggs, dairy products and other natural and
processed products offered for sale for human or animal consumption. [1979
c.268 §4]
PESTICIDE
CHEMICALS AND FOOD ADDITIVES
616.335
Definition for ORS 616.205 and 616.335 to 616.385. As used in ORS 616.205 and 616.335 to
616.385, experts qualified by scientific training and experience to evaluate
the safety of food additives or similar phrases mean individuals with
sufficient training and experience in biology, medicine, pharmacology,
physiology, toxicology, veterinary medicine or other appropriate sciences to
recognize and properly evaluate the behavior and effects of chemical substances
upon the body of humans or animals when such substances are taken into the body
as food additives. [1961 c.637 §14]
616.340 [1961 c.637 §4; repealed by 1973 c.227 §16
(616.341 enacted in lieu of 616.340)]
616.341
Use of poisons, pesticides or food additives restricted. Any added poisonous or deleterious
substance, any food additive, any pesticide chemical in or on a raw
agricultural commodity or any color additive, with respect to any particular
use or intended use, shall be considered unsafe for the purpose of application
of ORS 616.235 unless there is in effect a rule promulgated pursuant to ORS
616.366 limiting the quantity of such substance, and the use or intended use of
such substance conforms to the terms prescribed by such rule. While such rule
relating to such substance is in effect, a food shall not, by reason of bearing
or containing such substance in accordance with the rule, be considered
adulterated within the meaning of ORS 616.235. [1973 c.227 §17 (enacted in lieu
of 616.340)]
616.345
Rules governing use of pesticide chemicals. (1) The State Department of Agriculture shall promulgate rules
establishing tolerances for pesticide chemicals or exempting them from the
necessity of a tolerance as provided by ORS 616.341 with respect to the
presence in or on raw agricultural commodities of poisonous or deleterious
pesticide chemicals and of pesticide chemicals that are not generally recognized,
among experts qualified by scientific training and experience to evaluate the
safety of pesticide chemicals, as safe for use, to the extent necessary to
protect the public health. In promulgating such rules, or rules authorized by
ORS 616.355, the department shall give appropriate consideration to but not be
limited by:
(a) The necessity for the production of an
adequate wholesome and economic food supply.
(b) The other ways in which the consumer
may be affected by the same pesticide chemical or by other related substances
that are poisonous or deleterious.
(c) The laws and regulations of the
(d) The opinions of recognized experts and
governmental agencies in the field of pesticide chemicals.
(2) The department shall promulgate rules
exempting any pesticide chemical from the necessity of a tolerance with respect
to use in or on all raw agricultural commodities when such tolerance is not
necessary to protect the public health.
(3) Any person who has registered, or who
has submitted an application for the registration of, an economic poison or
pesticide with the department as required by law, may file with the department
a petition as authorized by ORS chapter 183, proposing the promulgation of a
rule establishing a tolerance for a pesticide chemical that constitutes, or is
an ingredient of, such economic poison or pesticide, or exempting the pesticide
chemical from the requirement of a tolerance. The petition shall contain data
showing:
(a) The name, chemical identity and
composition of the pesticide chemical;
(b) The amount, frequency and time of
application of the pesticide chemical;
(c) Full reports of investigations made
with respect to the safety of the pesticide chemical;
(d) The results of tests on the amount of
residue remaining, including a description of the analytical method used;
(e) Practicable methods of removing
residue that exceeds any proposed tolerance;
(f) Proposed tolerances for the pesticide
chemical if tolerances are proposed; and
(g) Reasonable grounds in support of the
petition. Samples of the pesticide chemical shall be furnished to the
department upon request. [1961 c.637 §5; 1975 c.304 §16; 2007 c.71 §183]
616.350
Control of food additives; rules. The State Department of Agriculture, for the protection of the health
and life of animals or the people of this state, may take measures to control,
limit or prohibit the use or intended use, or the presence of food additives.
It may promulgate rules relating thereto. Such rules may prescribe for any
reason as set forth in this section, that any food additive is unsafe within
the meaning of ORS 616.235 (1)(b). In promulgating rules under the provisions
of this section the authority of the department includes:
(1) Providing for an exemption from the
operation of ORS 616.335 to 616.385 of the use or intended use of a specific
food additive.
(2) Prescribing, with respect to one or
more proposed uses of the food additive involved, the conditions under which
such additive may be safely used including but not limited to, specifications
as to the particular food or classes of food in or in which such additive may
be used, the maximum quantity which may be used or permitted to remain in or on
such food, the manner in which such additive may be added to or used in or on
such food, and any directions or other labeling or packaging requirements for
such additive deemed necessary to assure the safety of such use.
(3) Establishing and prescribing
tolerances, if appropriate, to assure that the proposed use of a food additive
will be safe. The department shall not:
(a) Fix such tolerance limitation at a
level higher than it finds to be reasonably required to accomplish the physical
or other technical effect for which such additive is intended.
(b) Establish a rule for such proposed use
if it finds upon a fair evaluation of the data before it, that such data does
not establish that such use would accomplish the intended physical or other
technical effect.
(4) Prescribing for the exemption from the
requirements of this section any food additive, and any food bearing or
containing such additive, intended solely for investigational use by qualified
experts when in the opinion of the department, such exemption is consistent
with the public health. [1961 c.637 §8; 1973 c.227 §18]
616.355
Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350. (1) Whenever the State Department of
Agriculture determines under the provisions of ORS 616.341, 616.345 or 616.350
the fact that a product or food does or may seriously endanger or affect the
health or life of animals or people, by reason of the addition to or the
application of a pesticide chemical or other poisonous or dangerous chemical,
substance or material in or on such product or food, the department is
authorized and is directed to take or carry out any measure, action or
procedure necessary for the protection of the health or life of animals or
people.
(2) The order, rules promulgated
thereunder or amendments thereto, may include:
(a) Seizing, embargoing and quarantining
such product or food in accordance with the applicable provisions of ORS
561.605 to 561.630.
(b) Prohibiting temporarily or permanently
the sale, offer for sale or the disposing of such product or food.
(c) Requiring reconditioning, processing
or reprocessing, relabeling or other procedures as set out in ORS 561.605 to
561.625 before such product or food may be sold, offered for sale or disposed
of for consumption by animals or people.
(d) Requiring such product or food to be
destroyed without indemnity if it is verified it is unfit or unsafe for
consumption by animals or people. [1961 c.637 §6; 1973 c.227 §19; 1975 c.304 §17]
616.360
Standards for rules. In the
promulgation of rules under ORS 616.341, 616.345, 616.350, 616.366 and 616.380,
the State Department of Agriculture shall give appropriate consideration to:
(1) Measures and procedures required to
protect the health and life of animals and the people of this state.
(2) The laws of other states.
(3) The laws of the
(4) The opinions of recognized experts and
governmental agencies in the field of food additives. [1961 c.637 §9; 1973
c.227 §20]
616.365 [1961 c.637 §10; repealed by 1973 c.227 §21
(616.366 enacted in lieu of 616.365)]
616.366
Rules for use of poisons, pesticides, food or color additives; matters to be
considered. (1) The State
Department of Agriculture, whenever public health or other considerations in
this state so require, is authorized to adopt, amend or repeal rules whether or
not in accordance with rules promulgated under the federal Act, prescribing
therein tolerances for:
(a) Any added, poisonous or deleterious
substances;
(b) Food additives;
(c) Pesticide chemicals in or on raw
agricultural commodities; or
(d) Color additives.
(2) Such authority includes but is not
limited to:
(a) Zero tolerances, and exemptions from
tolerances in the case of pesticide chemicals in or on raw agricultural
commodities;
(b) Prescribing the conditions under which
a food additive or a color additive may be safely used; and
(c) Exemptions where such food additive or
color additive is to be used solely for investigational or experimental
purposes.
(3) Such rules may be promulgated upon the
departments own motion or upon the petition of any interested party requesting
that such rules be promulgated. It is incumbent upon a petitioner to establish
by data submitted to the department that a necessity exists for such rule, and
that its effect will not be detrimental to the public health. If the data
furnished by the petitioner is not sufficient to allow the department to
determine whether such rule should be promulgated, the department may require
additional data be submitted and failure to comply with the request shall be
sufficient grounds to deny the request.
(4) In adopting, amending or repealing
such rules the department shall consider, among other relevant factors, the
following which the petitioner, if any, shall furnish:
(a) The name and all pertinent information
concerning such substance, including where available, its chemical identity and
composition;
(b) A statement of the conditions of the
proposed use including directions, recommendations and suggestions;
(c) Specimens of proposed labeling;
(d) All relevant data bearing on the
physical or other technical effect and the quantity required to produce such
effect;
(e) The probable composition of any
substance formed in or on a food resulting from the use of such substance;
(f) The probable consumption of such
substance in the diet of humans and animals taking into account any chemically
or pharmacologically related substance in such diet;
(g) The safety factors which, in the
opinion of experts qualified by scientific training and experience to evaluate
the safety of such substances for the use or uses for which they are proposed
to be used, are generally recognized as appropriate for the use of animal
experimentation data;
(h) The availability of any needed
practicable methods of analysis for determining the identity and quantity of
such substance in or on an article, any substance formed in or on such article
because of the use of such substance, and the pure substance and all
intermediates and impurities; and
(i) Facts supporting a contention that the
proposed use of such substance will be a useful one. [1973 c.227 §22 (enacted
in lieu of 616.365)]
616.370 [1961 c.637 §11; repealed by 1973 c.227 §26]
616.375 [1961 c.637 §12; repealed by 1973 c.227 §26]
616.380
Enforcement procedure for control of food additives. Whenever the State Department of Agriculture
determines the fact that a product or food containing a food additive is or may
seriously endanger or affect the health or life of animals or people, it may
seize, embargo and quarantine such product or food, or take other necessary
procedures or action as authorized by ORS 616.355 for the regulation and
control of pesticide chemicals or other poisonous or dangerous chemicals. [1961
c.637 §13]
616.385
Public hearing required for rules. All rules promulgated under ORS 616.335 to 616.385 shall only be
promulgated after public hearing and shall be in accordance with the applicable
provisions of ORS chapter 183. [1961 c.637 §15; 2007 c.71 §184]
616.405 [Renumbered 632.900]
616.406 [1989 c.1025 §2; repealed by 2001 c.320 §10]
616.410 [Renumbered 632.905]
616.411 [1989 c.1025 §3; repealed by 2001 c.320 §10]
616.415 [Renumbered 632.910]
616.416 [1989 c.1025 §4; 2001 c.104 §239; repealed
by 2001 c.320 §10]
616.420 [Renumbered 632.915]
616.421 [1989 c.1025 §5; repealed by 2001 c.320 §10]
616.425 [Renumbered 632.920]
616.426 [1989 c.1025 §11; 2001 c.104 §240; repealed
by 2001 c.320 §10]
616.430 [Renumbered 632.925]
616.435 [Renumbered 632.930]
616.440 [Renumbered 632.935]
616.445 [Amended by 1973 c.587 §1; renumbered
632.940]
616.450 [Renumbered 632.955]
616.455 [Renumbered 632.960]
616.460 [Renumbered 632.965]
616.465 [Renumbered 632.970]
616.470 [Renumbered 632.975]
616.475 [Renumbered 632.980]
616.480 [Amended by 1955 c.363 §14; renumbered
632.985]
616.505 [Renumbered 632.450]
616.510 [Renumbered 632.455]
616.515 [Renumbered 632.460]
616.520 [Renumbered 632.465]
616.525 [Renumbered 632.470]
616.530 [Renumbered 632.475]
616.535 [Renumbered 632.480]
616.540 [Renumbered 632.485]
616.545 [Renumbered 632.490]
616.550 [Repealed by 1963 c.461 §34]
616.605 [Amended by 1965 c.13 §1; 1971 c.318 §1;
renumbered 632.275]
616.610 [Renumbered 632.280]
616.615 [Renumbered 632.285]
616.620 [Renumbered 632.290]
616.625 [Repealed by 1965 c.107 §7]
616.630 [Repealed by 1965 c.107 §7]
616.635 [Repealed by 1965 c.107 §7]
616.640 [Repealed by 1965 c.107 §7]
SANITARY
REGULATIONS FOR FOOD AND FOOD ESTABLISHMENTS
616.695
Definitions for ORS 616.695 to 616.755. As used in ORS 616.695 to 616.755, unless the context requires
otherwise:
(1) Department means the State Department
of Agriculture.
(2) Food establishment means:
(a) Any room, building, structure or
place, used or intended for use, or operated for storing, preparing,
compounding, manufacturing, processing, freezing, packaging, distributing,
handling, salvaging or displaying food.
(b) The ground upon which such place or
business is operated or used and so much ground adjacent thereto as is also
used in carrying on the business of the establishment. The department may
prescribe such additional area or places which, although they may not be
contiguous or adjacent to the above area or establishment, may be included
therein.
(c) Vehicles, machinery, equipment,
utensils, tools, fixtures, implements, and all other articles or items, used in
operating or carrying on the business of a food establishment.
(3) Food means any article used, or
intended to be used, for food, ice, drink, confection or condiment, whether
simple or compound, or any part or ingredient thereof or in the preparation
thereof, and for human consumption.
(4) Salvaging means the business of
reconditioning, repacking, relabeling, cleaning or culling of foods that have
been damaged or adulterated as a result of fire, storm, flood, water, smoke,
chemicals or commercial transit accident. [1965 c.501 §1; 1975 c.389 §1; 1983
c.160 §3]
616.700
Department to enforce sanitation requirements for food and food establishments;
rules. The State Department
of Agriculture shall enforce the provisions of ORS 616.695 to 616.755 and adopt
rules necessary therefor in accordance with the applicable provisions of ORS
chapter 183, to insure and verify that:
(1) Food establishments are constructed
and maintained in a clean, healthful and sanitary condition. This shall include
floors, walls, ceilings, doors, windows, lighting and ventilation, toilet and
lavatory facilities, water supply, separation or partitioning of rooms, health
and cleanliness of personnel, cleanliness and sanitation of surrounding
premises, disposal of all waste and sewage material, insect and rodent control,
construction and sanitation of equipment and utensils, and prohibition of pets
therein. However, ORS 616.695 to 616.755 shall not be applied to prevent
licensing and operation of a food establishment solely because such
establishment is in an area which is part of and not separate from a domestic
kitchen if the establishment is upon investigation by the department found to
be constructed and maintained in a clean, healthful and sanitary condition.
(2) Food establishments maintain time and
temperature controls, indicating and recording thermometers and indicating
pressure gauges for pressure cookers and retorts, minimum temperature and time
period standards for cooking foods, and other facilities necessary to carry out
the intent and purpose of ORS 616.695 to 616.755.
(3) Food dispensed, transported, sold,
held for sale, stored, salvaged or displayed, is not filthy, decomposed,
putrid, unsafe, contaminated, deleterious to health, unfit, unwholesome,
unclean, insanitary or diseased. [1965 c.501 §2; 1971 c.131 §1; 1975 c.389 §2;
1983 c.740 §233]
616.705 [Repealed by 1965 c.501 §10]
616.706
Licenses; sanctions; changes; posting; cancellation; fees. (1) Except as otherwise provided in ORS
616.695 to 616.755, a person may not operate a food establishment without first
obtaining and thereafter maintaining a license under this section. A person
shall make an application for a license to the State Department of Agriculture
on forms prescribed by the department. Each license shall expire on June 30
next following the date of issuance or on such date as may be specified by
department rule.
(2) The department may, subject to the
applicable provisions of ORS chapter 183, suspend, revoke or refuse to issue a
license if the licensee has violated any of the provisions of ORS 616.695 to
616.755 or rules adopted under ORS 616.695 to 616.755.
(3) A license is personal to the applicant
and may not be transferred. A new license is necessary if the business entity
of the licensee is changed, or if the membership of a partnership is changed,
irrespective of whether or not the business name is changed.
(4) The license shall cover all operations
of the person licensed, under one entity or ownership. With prior approval of
the department, the location of a licensed food establishment, or any part of a
licensed food establishment, may be moved without the requirement of a new
license if there is no change in the ownership or business entity.
(5) The license shall be posted in a
conspicuous place in the main office of the food establishment. Duplicate
copies of the license shall be conspicuously posted in branch offices,
warehouses and other places owned or operated by the licensee at locations
other than the main office. A license is automatically canceled if the food
establishment ceases or discontinues operations or business.
(6) Except as provided in subsection (10)
of this section, the license fee for a food establishment that is part of a
domestic kitchen is $175.
(7) Except as provided in subsection (10)
of this section, the license fees for a food establishment other than an
establishment that is part of a domestic kitchen, or other than a retail food
store or a warehouse, are:
(a) $300 if the gross sales of an
applicants covered operations are not more than $50,000;
(b) $425 if the gross sales of an
applicants covered operations are more than $50,000 and not more than
$500,000;
(c) $500 if the gross sales of an
applicants covered operations are more than $500,000 and not more than $1
million;
(d) $650 if the gross sales of an
applicants covered operations are more than $1 million and not more than $5
million;
(e) $750 if the gross sales of an
applicants covered operations are more than $5 million and not more than $10
million; or
(f) $850 if the gross sales of an
applicants covered operations are more than $10 million.
(8) Except as provided in subsection (10)
of this section, the food establishment license fees for a retail food store,
as defined by the department by rule, are:
(a) $125 if the gross sales of an
applicants covered operations are not more than $50,000;
(b) $250 if the gross sales of an
applicants covered operations are more than $50,000 and not more than
$500,000;
(c) $300 if the gross sales of an
applicants covered operations are more than $500,000 and not more than $1
million;
(d) $450 if the gross sales of an
applicants covered operations are more than $1 million and not more than $5
million;
(e) $550 if the gross sales of an
applicants covered operations are more than $5 million and not more than $10
million; or
(f) $650 if the gross sales of an
applicants covered operations are more than $10 million.
(9) Except as provided in subsection (10)
of this section, the food establishment license fees for a warehouse, as
defined by the department by rule, are:
(a) $100 if the gross sales of an
applicants covered operations are not more than $50,000;
(b) $125 if the gross sales of an
applicants covered operations are more than $50,000 and not more than $10
million; or
(c) $150 if the gross sales of an
applicants covered operations are more than $10 million.
(10) The department shall increase the
license fee amounts described in subsections (6) to (9) of this section by two
percent annually, rounded to the nearest whole dollar amount for assessment and
collection purposes. The department shall determine each annual increase using
the unrounded figure from the preceding year. The first increase in the
permissible fee amounts shall occur on July 1, 2006.
(11) In establishing the amount of the
license fee for an applicant, the department shall use the annual gross dollar
volume of sales of covered operations by that applicant within
Note: The amendments to 616.706 by section 4, chapter
735,
616.706. (1) Except as otherwise provided in ORS
616.695 to 616.755, a person may not operate a food establishment without first
obtaining and thereafter maintaining a license under this section. A person
shall make an application for a license to the State Department of Agriculture
on forms prescribed by the department. Each license shall expire on June 30
next following the date of issuance or on such date as may be specified by
department rule.
(2) The department may, subject to the applicable
provisions of ORS chapter 183, suspend, revoke or refuse to issue a license if
the licensee has violated any of the provisions of ORS 616.695 to 616.755 or
rules adopted under ORS 616.695 to 616.755.
(3) A license is personal to the applicant
and may not be transferred. A new license is necessary if the business entity
of the licensee is changed, or if the membership of a partnership is changed,
irrespective of whether or not the business name is changed.
(4) The license shall cover all operations
of the person licensed, under one entity or ownership. With prior approval of
the department, the location of a licensed food establishment, or any part of a
licensed food establishment, may be moved without the requirement of a new
license if there is no change in the ownership or business entity.
(5) The license shall be posted in a
conspicuous place in the main office of the food establishment. Duplicate
copies of the license shall be conspicuously posted in branch offices,
warehouses and other places owned or operated by the licensee at locations
other than the main office. A license is automatically canceled if the food
establishment ceases or discontinues operations or business.
(6) The license fee for a food
establishment that is part of a domestic kitchen is $189.
(7) The license fees for a food
establishment other than an establishment that is part of a domestic kitchen,
or other than a retail food store or a warehouse, are:
(a) $325 if the gross sales of an
applicants covered operations are not more than $50,000;
(b) $460 if the gross sales of an
applicants covered operations are more than $50,000 and not more than
$500,000;
(c) $541 if the gross sales of an
applicants covered operations are more than $500,000 and not more than $1
million;
(d) $704 if the gross sales of an
applicants covered operations are more than $1 million and not more than $5
million;
(e) $812 if the gross sales of an
applicants covered operations are more than $5 million and not more than $10
million; or
(f) $920 if the gross sales of an
applicants covered operations are more than $10 million.
(8) The food establishment license fees
for a retail food store, as defined by the department by rule, are:
(a) $135 if the gross sales of an
applicants covered operations are not more than $50,000;
(b) $271 if the gross sales of an
applicants covered operations are more than $50,000 and not more than
$500,000;
(c) $325 if the gross sales of an
applicants covered operations are more than $500,000 and not more than $1
million;
(d) $487 if the gross sales of an
applicants covered operations are more than $1 million and not more than $5
million;
(e) $595 if the gross sales of an
applicants covered operations are more than $5 million and not more than $10
million; or
(f) $704 if the gross sales of an
applicants covered operations are more than $10 million.
(9) The food establishment license fees
for a warehouse, as defined by the department by rule, are:
(a) $108 if the gross sales of an
applicants covered operations are not more than $50,000;
(b) $135 if the gross sales of an
applicants covered operations are more than $50,000 and not more than $10
million; or
(c) $162 if the gross sales of an
applicants covered operations are more than $10 million.
(10) In establishing the amount of the
license fee for an applicant, the department shall use the annual gross dollar
volume of sales of covered operations by that applicant within
616.708
Additional users of establishment; fees; rules. (1) The State Department of Agriculture may
issue licenses under ORS 616.695 to 616.755 to one or more additional users of
a food establishment that is licensed primarily for operation by another
person. A license issued to an additional user of the food establishment shall
cover all operations at that establishment by the person licensed. Regardless
of the number of persons licensed to use a food establishment, the department
may not recognize more than one person as the primary operator of the
establishment.
(2) The department may assess a license
fee to an additional user of a food establishment, calculated as provided in
ORS 616.706. In calculating license fees under ORS 616.706, the gross sales for
an additional user of the food establishment are independent of the gross sales
by any other user or the primary operator of the food establishment.
(3) Notwithstanding ORS 616.706, the
department may adopt rules to establish the license expiration, renewal and
application dates for additional users of a food establishment.
(4) The department may adopt rules to
determine the responsibilities of a food establishments primary operator and
additional users of the food establishment under ORS 616.700, 616.735 and
616.740.
(5) A recognized primary operator of a
food establishment shall notify the department upon the expiration or
termination of the rental or lease of the food establishment by an additional
user of the establishment. The renting or leasing of a food establishment to a
person licensed by the department as an additional user of the establishment or
the expiration or termination of use by a person licensed as an additional user
of the establishment does not, by itself, constitute the ceasing or
discontinuance of operations or business at the food establishment by the
primary operator or another additional user for purposes of ORS 616.706.
(6) Subsections (1) to (5) of this section
do not apply to a food establishment located in an area that is part of a
domestic kitchen. [2007 c.645 §5]
616.710 [Repealed by 1965 c.501 §10]
616.711
Where licenses not required; when ORS 616.695 to 616.755 not applicable. (1) No license or duplicate of a license, as
prescribed in ORS 616.706, is necessary for food establishments where the
principal activity is the receiving, storage, sorting, cleaning and packing of
fresh fruits and vegetables.
(2) All provisions of ORS 616.695 to
616.755 other than licensing apply to food establishments set forth in
subsection (1) of this section.
(3) The provisions of ORS 616.695 to
616.755 do not apply to:
(a) Restaurants, bed and breakfast
facilities, commissaries, vending machines and mobile food and beverage units
licensed under ORS 624.010 to 624.121, 624.310 to 624.430 or those which are
exempted under ORS 624.330.
(b) Food service facilities not preparing
food for distribution to the public or to institutional facilities licensed and
regulated by the Department of Human Services.
(c) Shellfish operations licensed under
ORS chapter 622.
(d) A person processing, manufacturing or
packaging food for family use or consumption.
(e) Commercial transit salvage operations
not involving sale of food to the general public. [1965 c.501 §4; 1973 c.423 §1;
1975 c.389 §4; 1982 s.s.1 c.4 §5; 1983 c.160 §4; 1987 c.226 §9]
616.715 [Repealed by 1965 c.501 §10]
616.716
When inspection authorized; ORS 616.695 to 616.755 in addition to other laws. (1) The State Department of Agriculture may
inspect the applicants food establishment and shall not issue a license until
or unless such establishment is in compliance with the provisions of ORS
616.695 to 616.755 and regulations promulgated thereunder.
(2) The provisions of ORS 616.695 to
616.755 are in addition to and not in lieu of all other laws relating to food
and to food establishments. [1965 c.501 §5; 1975 c.389 §5; 2001 c.104 §242]
616.720 [Repealed by 1965 c.501 §10]
616.721
Exemptions from ORS 616.695 to 616.755. (1) Except as provided in subsection (5) of this section, the
provisions of ORS 616.695 to 616.755 do not apply to a food establishment that
is subject to and is being inspected by a federal agency.
(2) To be exempt from the provisions of
ORS 616.695 to 616.755 as set forth in subsection (1) of this section, a person
shall file an application for such exemption on forms prescribed by the State
Department of Agriculture.
(3) An applicant for renewal of a license,
or any person operating under an exemption approved by the department, shall
file an application for exemption with the department prior to December 15 of
each year, covering the subsequent year of operation.
(4) An applicant to operate a new food
establishment shall file an application and receive approval thereof, if any,
prior to starting such business.
(5) Unless exempt from licensing as
provided in ORS 616.711, food establishments exempt from certain provisions of
ORS 616.695 to 616.755 as authorized in this section, shall be subject to the
provisions of ORS 616.706 and shall be required to obtain and maintain licenses
thereunder. [1965 c.501 §6; 1975 c.389 §6]
616.725 [Repealed by 1965 c.501 §10]
616.726
City regulation of food and food establishments authorized; department to
examine city regulation for adequacy. (1) The provisions of ORS 616.695 to 616.755 do not prohibit any city
from enacting and enforcing any ordinance establishing a system, program,
inspection services and licensing thereunder, within the corporate limits or
boundaries thereof, which carries out the purposes and intent of ORS 616.695 to
616.755, if the same is at least equal to the provisions of ORS 616.695 to
616.755 and regulations promulgated thereunder. A copy of each such ordinance,
including any amendment thereof, shall be forwarded by the city to the State
Department of Agriculture.
(2) Not less than once each two years the
department shall investigate the ordinance and determine if it meets the
requirements and standards of subsection (1) of this section and if such
system, program and inspections thereunder are being properly carried out and
enforced. If the department finds such program, system and inspections do not
meet these requirements and standards, it shall give written notice of such
finding to the chief administrative officer of the city.
(3) If the department thereafter finds,
not less than 30 days after the date of giving notice, that such system,
program and inspections continue to fail to be enforced properly or are not
carrying out the intent and purposes of ORS 616.695 to 616.755, the department
shall make a finding to that effect and thereupon the provisions of ORS 616.695
to 616.755 shall become applicable to all persons and food establishments
within the corporate limits of such city. [1965 c.501 §7; 1975 c.389 §7]
616.730 [Repealed by 1965 c.501 §10]
616.731
Deposit and use of fees and money. The State Department of Agriculture shall deposit all fees paid to it
under this chapter in the Department of Agriculture Service Fund. Such fees are
continuously appropriated to the department for the purpose of administering
and enforcing the provisions of this chapter. [1965 c.501 §8; 1975 c.389 §8;
1979 c.499 §20]
616.735
When insanitary conditions exist. A food establishment shall be considered unclean, unhealthful and
insanitary if:
(1) Food in the food establishments is not
protected from adulteration as defined in ORS 616.235, as required by the State
Department of Agriculture;
(2) The refuse, dirt and waste products,
subject to decomposition or fermentation incident to the operation of the food
establishment are not removed as required by the department;
(3) All trunks, trays, boxes, baskets,
buckets, or other receptacles, chutes, platforms, racks, troughs, shelves and
all knives, saws, cleavers and other utensils and machinery used in operation
of the food establishment are not thoroughly cleaned as required by the
department;
(4) Proper toilet and lavatory facilities
are not provided for employees, or not maintained and kept in a clean and
sanitary condition; or
(5) The clothing and persons of
operatives, employees, clerks or other persons therein employed are unclean. [Amended
by 1975 c.389 §9]
616.740
Condemnation where insanitary conditions exist. (1) Whenever the State Department of
Agriculture determines that any floor, sidewall, ceiling, locker, closet,
furniture, receptacle, implements or machinery of any food establishment is
kept in an unclean, unhealthful or insanitary condition, the department shall:
(a) Notify the owner or person in charge
of such food establishment that such food establishment shall not be used for
such purposes until it is put in a sanitary condition by making the changes
ordered by the department in the notice; and
(b) Post a notice upon the food
establishment found in an unclean, unhealthful or insanitary condition, to the
effect that it is condemned for further use on account of the unclean,
unhealthful or insanitary condition.
(2) The notice shall not be removed from
any such food establishment until the same has been put in a sanitary
condition. A continued use of such food establishment without making the
changes ordered, or unauthorized removal of the notice is a violation of this
section. [Amended by 1975 c.389 §10]
616.745
Handling of food by diseased persons prohibited; rules. (1) The Department of Human Services may, by
rule, define certain communicable diseases which may be spread to the public
through the handling of food in food establishments.
(2) No owner or employer shall require,
permit or suffer any person to work, nor shall any person work, in a food
establishment who is affected with a disease described in subsection (1) of
this section. [Amended by 1973 c.829 §55; 1975 c.389 §11]
616.750
Procedure where food handler suspected of disease. If the State Department of Agriculture for
reasonable cause believes that any person working in any food establishment is
affected with any infectious or contagious disease, the department may require
the person to be examined by a competent physician and that the physician
furnish the department with a certificate stating whether upon examination the
physician has found the person to be affected with any infectious or contagious
disease. If within five days after so required the person has not furnished the
department with such a certificate by a competent physician, the person is
guilty of a violation of ORS 616.745 and the department may apply to the
circuit court to enjoin the person from continuing to work in the food
establishment until the certificate is furnished. The circuit court hereby is
authorized to issue the injunction. [Amended by 1975 c.389 §12]
616.755
Securing information from health officers. The State Department of Agriculture may, for the purpose of enforcing
the provisions of ORS 616.745 and 616.750, request information from any city,
county or state health officer, bureau, board or commission within
616.760 [Repealed by 1965 c.501 §10]
616.765 [Repealed by 1965 c.501 §10]
616.770 [Repealed by 1965 c.501 §10]
STANDARDS OF
QUALITY AND IDENTITY FOR FLOUR PRODUCTS
616.775
Definitions for ORS 616.775 to 616.790. As used in ORS 616.775 to 616.790 unless the context requires
otherwise:
(1) Bread, rolls and buns have the
same meaning as they have in ORS 625.212.
(2) Flour, white flour, wheat flour,
plain flour, bromated flour, self-rising flour, self-rising white flour,
self-rising wheat flour, phosphated flour, phosphated white flour and phosphated
wheat flour have the same meaning as they have in the definitions and standards
promulgated by the State Department of Agriculture pursuant to ORS 616.780 and
625.160.
(3) Macaroni products, vegetable
macaroni products, macaroni products made with nonfat milk, noodle products
and vegetable noodle products have the same meaning as they have in the
definitions and standards promulgated by the State Department of Agriculture
pursuant to ORS 616.780.
(4) Enriched as applied to any of the
flours, macaroni products and noodle products defined in subsections (2) and
(3) of this section means the addition of the vitamins, minerals and other
nutrients necessary to make that food conform to the definition and standards
for enriched flour, enriched macaroni products and enriched noodle products
promulgated by the State Department of Agriculture pursuant to ORS 616.780 and
625.160. [1971 c.176 §5; 1975 c.265 §3]
616.780
Standards of quality or identity for flours, macaroni and noodle products. The State Department of Agriculture shall
adopt and promulgate standards of identity or standards of quality for flours,
macaroni products and noodle products pursuant to the provisions of ORS 616.230
for those flours, macaroni products and noodle products for which definitions
and standards have been promulgated by authority of the
616.785
(2) Subsection (1) of this section shall
not apply to flours sold to distributors, commercial bakers, or other
processors if such flours will be:
(a) Resold to a distributor, commercial
baker or other processor;
(b) Used in the manufacture, mixing or
compounding of:
(A) Enriched flour, enriched macaroni
products or enriched noodle products; or
(B) Enriched breads, enriched rolls or
enriched buns as defined by ORS 625.212 (3); or
(c) Used in the manufacture of a nonbakery
product such as specified in ORS 625.010 (2). [1971 c.176 §6]
616.790
Enforcement of ORS 616.775 to 616.790 by department; inspection; sampling;
failure to permit inspection; rules. (1) The State Department of Agriculture shall enforce ORS 616.775 to
616.790 and 616.992 and shall have, in connection therewith, all the powers
conferred and imposed on it by law and any other powers necessary or proper to
enable it to enforce ORS 616.775 to 616.790 and 616.992.
(2) For the purpose of ORS 616.775 to
616.790 and 616.992 the State Department of Agriculture, or such officers or
employees of the department as are designated, is authorized:
(a) To take food samples for analysis;
(b) To conduct examinations and
investigations;
(c) To enter at reasonable times any
factory, mill, bakery, warehouse, shop or establishment where any flour, bread,
rolls, buns, macaroni products or noodle products specified in ORS 616.780 are
manufactured, processed, packed, sold or held, or any vehicle being used for
the transportation thereof;
(d) To inspect any such place or vehicle
and any flours, breads, rolls, buns, macaroni products or noodle products
specified in ORS 616.780, and all pertinent equipment, materials, containers
and labeling; and
(e) To make reasonable rules and
regulations to carry out ORS 616.775 to 616.790, 616.992, 625.160, 625.212 and
625.215, subject to the applicable provisions of ORS chapter 183. Such rules
and regulations shall be published as provided by ORS 561.190.
(3) Refusal to furnish authorized officers
and employees of the State Department of Agriculture, upon demand either
personal or in writing, with a sufficient sample for analysis of any food
product specified in subsection (2) of this section after tender of the market
price therefor is prima facie evidence that such food is not enriched as
required. [1971 c.176 §7; 1973 c.227 §25; 1975 c.265 §4; 2003 c.14 §365]
OPEN DATE
LABELING
616.800
Short title. ORS 616.800 to
616.835 and 616.994 may be cited as the Open Date Labeling Law. [1973 c.173 §2]
616.805
Definitions for ORS 616.800 to 616.835 and 616.994. As used in ORS 616.800 to 616.835 and
616.994, unless the context requires otherwise:
(1) Food means any substance used or
intended to be used for human consumption as food, drink or condiment.
(2) Open date means a date clearly
visible to retail consumers showing the pull date, packing date or other date
described in ORS 616.835 (2).
(3) Packing date means the date
specifying the time a perishable food was packaged in its final form for sale
to the consumer.
(4) Perishable food means any food that
may spoil or otherwise become unfit for human consumption because of its
nature, type or physical condition. Perishable food includes, but is not
limited to, fresh or processed meats, poultry, seafood, dairy products, bakery
products, eggs in the shell, and foods that have been packaged or refrigerated.
ORS 616.800 to 616.835 and 616.994 shall not apply to fresh fruits or
vegetables or to foods that have been canned or frozen.
(5) Pull date means, whichever is
earlier, the date specifying the time:
(a) The perishable food manufacturer,
processor or packager recommends that a perishable food should be removed from
retail sale, allowing the consumer time for normal home consumption or use
under proper care and storage conditions; or
(b) A perishable food should no longer be
offered for sale or sold as fresh. A perishable food shall be considered fresh
only so long as significant changes in appearance, taste, odor, nutritional
value, or other indicia of quality or fitness for human consumption have not
taken place or are not likely to have taken place under generally accepted food
handling practices for that particular food. [1973 c.173 §3]
616.810
Exemption for alcoholic beverages. ORS 616.800 to 616.835 and 616.994 do not apply to alcoholic
beverages. [1973 c.173 §9]
616.815
Open date labeling required for packaged perishable food sold at retail. No person shall sell or offer for sale at
retail any packaged perishable food unless the package bears a clearly marked,
printed or stamped label showing the open date for the perishable food in the
package. Such label shall be so designed and placed as to be clearly visible to
the consumer. [1973 c.173 §4]
616.820
Label required to be affixed to package not later than time of delivery to retail
seller. (1) The perishable
food manufacturer, processor or packager shall affix, print or stamp the label
required by ORS 616.815 to the perishable food retail package and to all closed
shipping cartons, containers or wrappers of such perishable food packages not
later than the time of delivery of the perishable food packages to the retail
seller.
(2) No perishable food manufacturer,
processor or packager shall fail to comply with subsection (1) of this section.
[1973 c.173 §5]
616.825
(a) The package has been separated from
packages of perishable food with open pull dates that have not expired;
(b) Each such package or group of packages
is clearly identified in retail display as having an expired open pull date;
and
(c) The food is fit for human consumption
according to applicable state and federal law.
(2) Notwithstanding the provisions of this
section, a vendor shall be allowed the first eight business hours after the
expiration of the open pull date within which to remove all packages with an
expired pull date. [1973 c.173 §6]
616.830
Altering labels or using nonconforming labels prohibited. No person shall:
(1) Alter, deface or remove the open date
from any perishable food retail or shipping package carton, container or
wrapper.
(2) Label any perishable food retail or
shipping package carton, container or wrapper in a manner that does not conform
to the rules promulgated pursuant to ORS 616.835. [1973 c.173 §7]
616.835
Rulemaking authority. In
accordance with any applicable provision of ORS chapter 183, the State
Department of Agriculture, in consultation with the industries affected, shall
promulgate rules to carry out ORS 616.800 to 616.835 and 616.994. Such rules
shall include, but are not limited to:
(1) Establishing which particular foods
are subject to ORS 616.800 to 616.835 and 616.994.
(2) Establishing which one or more of the
following types of open date is to be used for particular groups or classes of
perishable foods:
(a) The packing date.
(b) The pull date.
(c) The date on which fowl, including
chickens, fryers, turkeys, ducks, geese and other domesticated birds, are
killed or slaughtered to be processed into perishable food.
(3) Specifying the size, content and form
of the labeling information required by ORS 616.800 to 616.835 and 616.994.
(4) Exempting from the operation of ORS
616.800 to 616.835 and 616.994 those perishable foods for which open date
labeling would be:
(a) Impractical or not meaningful because
of the size of the package or the nature of the perishable food;
(b) Possibly unconstitutional as
interference with the free movement of goods in interstate commerce. [1973
c.173 §8]
UNIT PRICING
616.850
Definitions for ORS 616.850 to 616.890. As used in ORS 616.850 to 616.890, unless the context requires
otherwise:
(1) Consumer commodity means any of the
following items:
(a) Food, including all material, solid,
liquid or mixed, whether simple or compound, used or intended for consumption
by human beings or domestic animals normally kept as household pets, and all
substances or ingredients to be added thereto for any purposes;
(b) Paper products, including napkins,
towels, facial tissues, toilet tissues, disposable plates and cups;
(c) Wrapping products, including those
made of paper, plastic and aluminum; and
(d) Soaps, detergents, cleaning aids,
deodorizing aids, waxes and wax removers, disinfectants, polishes and polish
removers, bleaches, scouring pads and all other laundry and household cleaning
products.
(2) Grocery store or food market means
any retail establishment or department thereof:
(a) That sells consumer commodities, the
gross annual receipts from the sale of which is $1.5 million or more; and
(b) That is part of a chain system or
contracts with a supplier or cooperative that utilizes common purchasing,
warehousing or distribution facilities, if the chain, cooperative or supplier
has computer hardware for inventory control, ordering or pricing labels.
(3) Package means any container or
wrapping in which any consumer commodity is enclosed for use in the delivery or
display of that consumer commodity to retail purchasers.
(4) Unit retail price means the retail
price of the contents of a package of any consumer commodity, expressed in
terms of the retail price of such contents per single whole unit of weight,
volume, measure or count, computed to the nearest 10th of a cent when less than
$1 and to the nearest cent when $1 or more. [1977 c.181 §3; 1979 c.827 §1; 2007
c.71 §185]
616.855
Items exempt from unit pricing requirements. ORS 616.850 to 616.890 and 616.996 do not apply to:
(1) Fresh fruits and vegetables.
(2) Products sold in quantities of one
avoirdupois ounce, or 28.35 grams or one fluid ounce, or less.
(3) Packaged consumer commodities that may
be lawfully sold only upon the written or oral direction of a licensed
practitioner. As used in this subsection, practitioner has the meaning for
the term provided in ORS 689.005.
(4) Alcoholic beverages that are subject
to the Federal Alcohol Administration Act.
(5) Tobacco, cosmetics and personal care
products, hardware and household equipment.
(6) Products sold in one size limit only,
or in such manner that the State Department of Agriculture determines that no
comparison is meaningful.
(7) Consumer commodities sold for
immediate consumption on the premises.
(8) Patent or proprietary medicines.
(9) Products sold through coin-operated
vending machines or products sold by manual distribution from mobile catering
units to individual consumers. [1977 c.181 §4; 1979 c.777 §57; 1979 c.785 §6;
1979 c.827 §4]
616.860
Unit pricing of packaged consumer commodities required; explanation to
consumers. (1) Except as
provided in ORS 616.855 and 616.865, no person shall sell or offer for retail
sale at a grocery store or food market any packaged consumer commodity unless
there is clearly displayed upon the commodity package or at a place in
reasonable proximity to where the commodity is offered for sale a statement of
the unit retail price of the commodity pursuant to ORS 616.870 and the total
retail price of the commodity.
(2) If the tag, stamp, sign or label used
to display the unit retail price is not affixed directly to the consumer
commodity, the tag, stamp, sign or label shall also contain the brand name and
the quantity or size of the product by weight, measure or count.
(3) Whenever the State Department of
Agriculture adopts administrative rules under ORS 616.875 wherein formats and
methods to explain unit pricing are prescribed, such explanations of the use of
unit pricing shall be provided and displayed by each grocery store. [1977 c.181
§5; 1979 c.827 §2]
616.865
Temporary sale items exempt.
When a packaged consumer commodity is sold or offered for sale at retail at a
price lower than the price at which the commodity is regularly sold or offered
for sale, the retail seller is exempt from the requirements of ORS 616.860 (1)
as to such commodities unless the lower price is to be in effect for more than 30
consecutive business days. [1977 c.181 §6]
616.870
Prescribed pricing by units of measurement. Retail sellers of packaged consumer commodities shall express unit
retail price statements in terms of the price per single whole unit of weight,
volume, measure or count as prescribed by administrative rules adopted by the
State Department of Agriculture under ORS 616.875 for particular consumer
commodities or groups for consumer commodities. [1977 c.181 §7; 1979 c.827 §3]
616.875
Rules; retail establishments presumed subject to unit pricing until exempted by
department. (1) In
accordance with any applicable provision of ORS chapter 183, the State
Department of Agriculture may promulgate rules for the administration and
enforcement of the provisions of ORS 616.850 to 616.890 and 616.996.
(2) A retail establishment or department
thereof shall be considered to have gross annual receipts from the sale of
consumer commodities of $1.5 million or more as described in ORS 616.850 (2),
unless the establishment demonstrates to the department that it does not. The
determination of the director shall be deemed a final order not in a contested
case for purposes of judicial review under ORS chapter 183. [1977 c.181 §8]
616.880
Written warning notice for minor violation. Nothing in ORS 616.850 to 616.890 and 616.996 shall be construed as
requiring the State Department of Agriculture to cite incidental or minor
violations of ORS 616.860 to 616.870 whenever the department believes that the
public interest will be served adequately in the circumstances by issuance of
an alleged written warning notice. Each such notice issued shall include the
name and address of the grocery store or food market, the date of the notice
issuance, a description of the alleged violation and a statement of the
penalties for a continued course of violation. [1977 c.181 §9]
616.885 [1977 c.181 §10; 1991 c.734 §54; renumbered
616.996 in 2001]
616.890
Short title. ORS 616.850 to
616.890 and 616.996 may be cited as the Unit Pricing Law. [1977 c.181 §2]
PENALTIES
616.900 [1989 c.1025 §8; 1991 c.734 §55; 2001 c.320 §9;
repealed by 2001 c.320 §10]
616.990 [Subsection (2) of 1959 Replacement Part
renumbered as part of 561.990; subsection (3) enacted as 1961 c.637 §16; 1965
c.107 §3; subsection (10) enacted as 1971 c.176 §9; repealed by 1973 c.227 §26]
616.992
General criminal penalty.
The first violation of any provisions of this chapter, ORS 632.275 to 632.290,
632.450 to 632.490 and 632.900 to 632.985 or of any rule promulgated pursuant
thereto is a Class B misdemeanor, and a Class A misdemeanor for a second or
subsequent offense. [1973 c.227 §28]
616.994
Criminal penalty for open date labeling law violations. Violation of any provision of ORS 616.800 to
616.835 or of any rule promulgated pursuant thereto is a Class B misdemeanor. [1973
c.173 §10]
616.996
Civil penalty; judicial review.
(1) Any person who pursues a continued course of violation of ORS 616.860 to
616.870 shall forfeit and pay to the General Fund of the State Treasury, a
civil penalty, in an amount determined by the Director of Agriculture, of not
more than $250 for each offense.
(2) Such civil penalty may be recovered in
an action brought thereon in the name of the State of Oregon in any court of
appropriate jurisdiction or may be imposed as provided in ORS 183.745.
(3) In any court action with respect to a
civil penalty, including judicial review under ORS 183.745, the court may
review the penalty as to both liability and reasonableness of amount. [Formerly
616.885]
_______________
CHAPTER 617
[Reserved for expansion]
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