2007 Oregon Code - Chapter 624 :: Chapter 624 - Food Service Facilities
Chapter 624 —
Food Service Facilities
2007 EDITION
FOOD SERVICE FACILITIES
FOOD AND OTHER COMMODITIES
DEFINITION
624.005    “Local
public health authority” defined
RESTAURANTS; BED AND BREAKFAST FACILITIES
624.010Â Â Â Â Definitions
for ORS 624.010 to 624.121
624.020Â Â Â Â License;
fee payment; rules; denial, suspension and revocation of licenses; posting;
nontransferability
624.029Â Â Â Â Disposition
of fees
624.036Â Â Â Â Exemption
of confection operations from license requirements; rules
624.041Â Â Â Â Rules
624.046Â Â Â Â Bed
and breakfast facility regulation
624.051Â Â Â Â Single
toilet fixture allowed in small restaurant
624.060Â Â Â Â Inspection
and reinspection of restaurants and bed and breakfast facilities; posting of
sign required; report; posting
624.070Â Â Â Â Examination
of food and drink samples; unwholesome or adulterated food and drink
624.073Â Â Â Â Revocation,
suspension or refusal of license; closure; sanitation score; inspection
schedule
624.077Â Â Â Â Rating
surveys; preparing and disseminating information for educational programs
624.080Â Â Â Â Diseased
persons working in restaurants, bed and breakfast facilities or temporary
restaurants; suspicion of possible transmission of infection; rules
624.086Â Â Â Â Temporary
restaurant license; fees
624.091Â Â Â Â Inspection
of temporary restaurants; report
624.096Â Â Â Â Summary
closure of temporary restaurant
624.101    “Benevolent
organization” defined
624.106Â Â Â Â Temporary
benevolent restaurant license; limit
624.111Â Â Â Â Inspection
of benevolent organization restaurant facilities and operation
624.116Â Â Â Â When
alternative food service criteria applicable
624.121Â Â Â Â State
Food Service Advisory Committee; appointment; composition; duties
624.130Â Â Â Â Training
to relieve choking; methods of training; exemptions; fees
GAME MEAT
624.165Â Â Â Â Service
of inspected game meat by charitable organization
COMMISSARIES,
624.310Â Â Â Â Definitions
for ORS 624.310 to 624.430
624.320Â Â Â Â License
requirement for commissary, warehouse, mobile unit or vending machine; notice
of mobile unit movement
624.330Â Â Â Â Exemption
of certain commissaries, mobile units and vending machines from licensing
requirements; rules
624.340Â Â Â Â Denial,
suspension or revocation of license
624.370Â Â Â Â Inspection
of commissary, warehouse, mobile unit or vending machine; report of Director of
Human Services; hearing
624.380Â Â Â Â Diseased
persons working in commissary or mobile unit; suspicion of possible
transmission of infection
624.390Â Â Â Â Rules
624.400Â Â Â Â Rating
surveys; preparing and disseminating information; cooperation with local health
departments in educational programs
624.410Â Â Â Â Commissaries
and sources of supply outside jurisdiction
624.420Â Â Â Â Abating
or enjoining violations of ORS 624.310 to 624.430
624.430Â Â Â Â Fee
payment
ADMINISTRATION AND ENFORCEMENT OF FOOD
SERVICE FACILITY LAWS
624.490Â Â Â Â License
fees; exemptions
624.495Â Â Â Â Foodborne
illness prevention program; rules
624.510Â Â Â Â Intergovernmental
agreements with local public health authorities; fee collection and remittance;
rules
624.530Â Â Â Â Agreement
to ensure only one agency inspects facilities; rules
624.550Â Â Â Â Local
public health authority food service advisory committee
FOOD HANDLER TRAINING PROGRAM
624.570Â Â Â Â Food
handler training requirement; exception; certification; fees; rules
MISCELLANEOUS
624.610Â Â Â Â Application
of ORS 624.010 to 624.121 or 624.310 to 624.430 to certain food service
624.630Â Â Â Â Construction,
remodeling requirements; fees
624.650Â Â Â Â Temporary
restaurant inspection fee
624.670Â Â Â Â Disposition
of fees
PENALTIES
624.990Â Â Â Â Criminal
penalties
624.992Â Â Â Â Civil
penalty; rules
DEFINITION
     624.005
“Local public health authority” defined. As used in this chapter, “local public health authority” means an
entity described in ORS 431.375. [2003 c.309 §2]
RESTAURANTS;
BED AND BREAKFAST FACILITIES
     624.010
Definitions for ORS 624.010 to 624.121. As used in ORS 624.010 to 624.121, unless the context requires
otherwise:
     (1) “Bed and breakfast facility” means any
establishment located in a structure designed for a single family residence and
structures appurtenant thereto, regardless of whether the owner or operator of
the establishment resides in any of the structures, that:
     (a) Has more than two rooms for rent on a
daily basis to the public; and
     (b) Offers a breakfast meal as part of the
cost of the room.
     (2) “Department” means the Department of
Human Services.
     (3) “Director” means the Director of Human
Services.
     (4) “Limited service restaurant” means a
restaurant serving only individually portioned prepackaged foods prepared from
an approved source by a commercial processor and nonperishable beverages.
     (5) “Restaurant” includes any
establishment where food or drink is prepared for consumption by the public or
any establishment where the public obtains food or drink so prepared in form or
quantity consumable then and there, whether or not it is consumed within the
confines of the premises where prepared, and also includes establishments that
prepare food or drink in consumable form for service outside the premises where
prepared, but does not include railroad dining cars, bed and breakfast
facilities or temporary restaurants.
     (6) “Temporary restaurant” means any
establishment operating temporarily in connection with any fair, carnival,
circus or similar public gathering or entertainment, food product promotion or
any other event where food is prepared or served for consumption by the public.
“Temporary restaurant” does not include:
     (a) An establishment where food is
prepared and served by a fraternal, social or religious organization only to
its own members and guests.
     (b) An approved school lunchroom where
food is prepared and served for school and community activities, where the
preparation and service are under the direction of the school lunchroom
supervisor.
     (c) A food product promotion where only
samples of a food or foods are offered to demonstrate the characteristics of
the food product. For the purposes of this paragraph, a sample shall not
include a meal, an individual hot dish or a whole sandwich.
     (d) A private residence, or part thereof,
including the grounds, areas and facilities held out for the use of the
occupants generally, for which a temporary sales license is issued under ORS
471.190 for a period not exceeding one day. [Amended by 1953 c.177 §8; 1957
c.672 §1; 1959 c.153 §1; 1973 c.824 §1; 1973 c.825 §1; 1975 c.792 §1; 1979
c.236 §4; 1987 c.226 §1; 1991 c.468 §1; 1995 c.578 §1; 1999 c.351 §38; 2001
c.900 §210; 2001 c.975 §3; 2003 c.14 §375]
     Note: Section 1, chapter 975, Oregon Laws 2001,
provides:
     Sec.
1. A licensed limited
service restaurant operating immediately prior to the effective date of the
amendments to ORS 624.010 by section 3 of this 2001 Act [November 1, 2001] may
continue to be licensed as a limited service restaurant while the restaurant:
     (1) Continues to be owned or operated by
the person that owned or operated the restaurant immediately prior to the
effective date of the amendments to ORS 624.010 by section 3 of this 2001 Act;
and
     (2) Continues to serve only items that
qualified the restaurant as limited service and were offered by the restaurant
immediately prior to the effective date of the amendments to ORS 624.010 by
section 3 of this 2001 Act. [2001 c.975 §1]
     624.015 [1973 c.824 §4; renumbered 624.101 in 2007]
     624.020
License; rules; fee payment; denial, suspension and revocation of licenses; posting;
nontransferability. (1) A
person may not operate a restaurant or bed and breakfast facility without a
license to do so from the Department of Human Services.
     (2) Application for the license shall be
in writing in the form prescribed by the department and shall contain the name
and address of the applicant and any other information that the department may
require. The fee for a license is as provided in ORS 624.490. A license expires
annually on December 31 or on such date as may be specified by department rule.
     (3) The Director of Human Services may
suspend, deny or revoke any license for violation of any of the applicable
provisions of ORS 624.010 to 624.121 or any rule adopted under ORS 624.010 to
624.121.
     (4) Procedures for denial, revocation or
suspension of a license are as provided in ORS chapter 183.
     (5) The licensee shall post evidence of
the license in public view at the customary entrance of the restaurant or bed
and breakfast facility. A person other than the director may not deface or
remove evidence of a license.
     (6) A license is not transferable. The
department may not issue a refund representing any unused portion of a license.
[Amended by 1953 c.177 §8; 1957 c.672 §2; 1971 c.661 §1; 1973 c.182 §1; 1975
c.526 §4a; 1975 c.607 §44; 1979 c.696 §11; 1983 c.352 §1; 1983 c.533 §6; 1987
c.226 §2; 1991 c.821 §1; 1995 c.578 §2; 2001 c.975 §4; 2003 c.309 §8; 2007
c.768 §32]
     624.023 [1979 c.390 §2; renumbered 624.051 in 2007]
     624.025 [1957 c.672 §9; 1973 c.182 §2; 1973 c.824 §2;
1975 c.526 §5; 1979 c.696 §12; 1985 c.573 §1; 1991 c.821 §2; 1993 c.151 §2;
1995 c.578 §3; 2003 c.309 §9; renumbered 624.086 in 2007]
     624.027 [Formerly part of 624.100; 1973 c.825 §2;
renumbered 624.036 in 2007]
     624.028 [1973 c.824 §5; 1993 c.151 §1; renumbered
624.106 in 2007]
     624.029
Disposition of fees. All
license fees collected under ORS 624.010 to 624.121 shall be paid into the
General Fund in the State Treasury and placed to the credit of the Public
Health Account and such moneys hereby are appropriated continuously and shall
be used only for the administration and enforcement of ORS 624.010 to 624.121. [Formerly
624.120]
     624.030 [Amended by 1957 c.672 §3; 1973 c.825 §3;
1981 c.650 §1; repealed by 1983 c.533 §5]
     624.032 [1987 c.226 §3; renumbered 624.046 in 2007]
     624.035 [1985 c.247 §2; renumbered 624.116 in 2007]
     624.036
Exemption of confection operations from license requirements; rules. When the Department of Human Services
determines that public health hazards are nonexistent, the department may, by
rule, exempt certain types of confection operations from the license
requirements of ORS 624.010 to 624.121. [Formerly 624.027]
     624.040 [Amended by 1953 c.177 §8; 1973 c.825 §4;
repealed by 1983 c.533 §5]
     624.041
Rules. The Department of
Human Services shall make all rules necessary for the enforcement of ORS
624.010 to 624.121, including such rules concerning the construction and
operation of restaurants, bed and breakfast facilities and temporary
restaurants as are reasonably necessary to protect the public health of persons
using these facilities. The rules shall provide for, but need not be restricted
to, the following:
     (1) A water supply adequate in quantity
and safe for human consumption.
     (2) Disposal of sewage, refuse and other
wastes in a manner that will not create a nuisance or a health hazard.
     (3) The cleanliness and accessibility of
toilets and handwashing facilities.
     (4) The cleanliness of the premises.
     (5) The refrigeration of perishable foods.
     (6) The storage of food for protection
against dust, dirt and contamination.
     (7) Equipment of proper construction and
cleanliness of such equipment.
     (8) The control of insects and rodents.
     (9) The cleanliness and grooming of food
workers.
     (10) Exclusion of unauthorized persons
from food preparation and storage areas.
     (11) Review of proposed plans for the
construction or remodeling of facilities subject to licensing under this
chapter. [Formerly 624.100]
     624.045 [1985 c.701 §3; 2003 c.309 §10; 2003 c.547 §115;
renumbered 624.121 in 2007]
     624.046
Bed and breakfast facility regulation. The Department of Human Services shall allow a bed and breakfast
facility to conduct food service operations for its patrons in rooms used by
the owner or operator, provided that:
     (1) Such rooms are not used as sleeping
quarters; and
     (2) Persons not employed by the facility
shall be excluded from such rooms during breakfast meal hours. [Formerly
624.032]
     624.050 [Amended by 1953 c.177 §8; 1957 c.672 §4;
1973 c.825 §5; 1981 c.650 §2; repealed by 1983 c.533 §5]
     624.051
Single toilet fixture allowed in small restaurant. The Department of Human Services shall allow
restaurants with an occupancy capacity of no more than 15 persons, including
employees and patrons, to have only one toilet fixture and adjacent lavatory on
the premises. This single toilet fixture shall comply with all department
standards for construction, maintenance, cleanliness, accessibility and others,
not in conflict with the state building code, that the department might
provide. [Formerly 624.023]
     624.060
Inspection and reinspection of restaurants and bed and breakfast facilities;
posting of sign required; report; posting. (1) At least once every six months the Director of Human Services
shall inspect every restaurant located within the jurisdiction of the director.
At least once a year the director shall inspect every bed and breakfast
facility located within the jurisdiction of the director. The person operating
the restaurant or bed and breakfast facility shall, upon the request of the
director, permit access to all parts of the establishment.
     (2) A copy of each inspection report shall
be given to the restaurant or bed and breakfast facility operator or person in
charge of the restaurant or bed and breakfast facility, and another copy shall
be filed with the records of the Department of Human Services.
     (3) During each inspection, the director
shall insure that restaurants or bed and breakfast establishments that hold
valid liquor licenses have properly posted the appropriate sign required by ORS
471.551.
     (4) After each inspection, notice
regarding compliance with ORS 624.010 to 624.121 by the restaurant or bed and
breakfast facility shall be posted at the customary entrance of the restaurant
or bed and breakfast facility in public view and shall not be removed by any
person except the director.
     (5) If the director discovers the
violation of any provision of ORS 624.010 to 624.121, the director shall make a
second inspection after the lapse of such time as the director deems necessary
for the defect to be remedied. When a violation noted on an inspection has been
remedied, that violation shall not cumulate with violations noted on a second
inspection. [Amended by 1953 c.177 §8; 1973 c.825 §6; 1983 c.533 §3; 1985 c.701
§§1, 6; 1987 c.226 §§4, 5; 1991 c.324 §8]
     624.062 [1971 c.661 §2; 1973 c.825 §6a; repealed by
1973 c.825 §23a]
     624.065 [1957 c.672 §10(1),(2); 1973 c.824 §7; 1973
c.825 §7; renumbered 624.091 in 2007]
     624.067 [1973 c.824 §6; renumbered 624.111 in 2007]
     624.070
Examination of food and drink samples; unwholesome or adulterated food and
drink. Samples of food,
drink and other substances may be taken and examined by the Director of Human
Services as often as may be necessary for the detection of unwholesomeness or
adulteration. The director may condemn and forbid the sale of, or cause to be
removed or destroyed, any food or drink which is unwholesome or adulterated. [Amended
by 1953 c.177 §8; 1973 c.825 §8]
     624.073
Revocation, suspension or refusal of license; closure; sanitation score;
inspection schedule. (1) If
the Director of Human Services determines that a critical violation of ORS
624.010 to 624.121, or any rule promulgated pursuant thereto, exists in a
restaurant or bed and breakfast facility and the critical violation constitutes
a potential danger to the public health, the director may revoke, suspend or
refuse to issue the license required by ORS 624.020 if, after a reasonable time
has been given for correction of the violation, but not longer than 14 days,
the violation continues to exist. The director shall reinstate a license that
has been revoked or suspended if the director determines that the violation has
been corrected.
     (2) Notwithstanding ORS 624.020, if the
director determines that a critical violation of ORS 624.010 to 624.121, or any
rule promulgated pursuant thereto, exists in a restaurant or bed and breakfast
facility and the critical violation constitutes an imminent or present danger
to the public health, the director may order immediate correction, use of an
approved alternative procedure or closure of the restaurant or bed and
breakfast facility by written notice thereof to the operator. The inspection
report carrying a statement ordering closure and specifying the reasons
therefor signed by the director and delivered to the operator may serve as the
written notice of the closure. The director shall use inspection forms that
clearly display notice that procedures are available to the licensee under ORS
chapter 183 for appeal of the closure order. A copy of the notice shall be
filed with the records of the Department of Human Services. The closure order
shall have the effect of an immediate revocation of the operatorÂ’s license. If
requested, the director shall provide a prompt hearing after the closure in
accordance with ORS chapter 183.
     (3) If the director determines that
closure of the restaurant or bed and breakfast facility is necessary because
failure to correct a critical violation or implement an approved alternative
procedure constitutes a potential danger to the public health, or failure to
correct a critical violation or implement an approved alternative procedure
constitutes an imminent or present danger to the public health, the director
shall:
     (a) Notify the owner or person in charge
of the restaurant or bed and breakfast facility that such restaurant or bed and
breakfast facility shall not be used for food service purposes until the
critical violations specified in the inspection report have been corrected; and
     (b) Post a notice of closure upon the
restaurant or bed and breakfast facility at the customary entrance to the
restaurant or bed and breakfast facility in public view to the effect that the
restaurant or bed and breakfast facility is closed for operation because a
critical violation exists.
     (4)(a) No person shall remove a notice of
closure from a restaurant or bed and breakfast facility until the violation
which caused the notice to be posted has been corrected.
     (b) No person shall operate a restaurant
or bed and breakfast facility upon which a notice of closure has been posted
until the violation which caused the notice to be posted has been corrected and
the notice has been removed.
     (5) The director shall define clearly the
criteria and rules for conformance to acceptable food service practices used to
determine the restaurant or bed and breakfast facility sanitation score to
insure statewide uniformity in the inspection and licensing processes. Critical
violations which constitute a potential danger to the public health and
critical violations which constitute an imminent or present danger to the
public health shall be clearly defined. Minimum acceptable food service
standard procedures shall be clearly defined by setting a minimum acceptable
sanitation score for a licensed restaurant or bed and breakfast facility.
     (6) If a restaurant or bed and breakfast
facility obtains a sanitation score of less than the minimum acceptable
standard, the restaurant or bed and breakfast facility operator or person in
charge of the restaurant or bed and breakfast facility shall be notified of
impending closure if, after reinspection within 30 days, the sanitation score
does not meet minimum acceptable food service standards. If closure action is
taken after reinspection, the restaurant or bed and breakfast facility may not
be operated until the restaurant or bed and breakfast facility operator submits
a plan for correction of the violations that receives the approval of the
director and a subsequent inspection of the restaurant or bed and breakfast
facility produces a sanitation score that meets minimum acceptable food service
standards.
     (7) The department may establish a more
frequent inspection schedule for a restaurant licensed under ORS 624.020 that
fails to meet specific minimum standards established by the department. The
department may charge a fee for costs associated with the performance of
additional inspections.
     (8) As used in this section, “imminent”
means impending or likely to develop without delay. [Formerly 624.085]
     624.075 [1957 c.672 §10(3); 1973 c.825 §9;
renumbered 624.096 in 2007]
     624.077
Rating surveys; preparing and disseminating information for educational
programs. The Department of
Human Services shall make such rating surveys as are necessary to obtain
uniform enforcement of ORS 624.010 to 624.121 throughout the state, and shall
prepare and disseminate information pertaining to educational programs for the
purpose of encouraging compliance with ORS 624.010 to 624.121 on the part of
owners, managers and employees of eating and drinking establishments. [Formerly
624.110]
     624.080
Diseased persons working in restaurants, bed and breakfast facilities or
temporary restaurants; suspicion of possible transmission of infection; rules. (1) The Department of Human Services may, by
rule, define certain communicable diseases which may be spread to the public by
employees of a restaurant, bed and breakfast facility or temporary restaurant.
     (2) No person who is affected with a
communicable disease described in subsection (1) of this section or is a
carrier of such disease shall work in any restaurant, bed and breakfast
facility or temporary restaurant. No restaurant, bed and breakfast facility or
temporary restaurant shall employ any such person or any person suspected of
being affected with any communicable disease or of being a carrier of such
disease. If the restaurant, bed and breakfast facility or temporary restaurant
manager suspects that any employee has contracted any disease in a communicable
form or has become a carrier of such disease the manager shall notify the Director
of Human Services immediately. A placard containing this subsection shall be
posted in all toilet rooms.
     (3) When suspicion arises as to the
possibility of transmission of infection from any restaurant, bed and breakfast
facility or temporary restaurant employee, the director may require any or all
of the following measures:
     (a) The immediate exclusion of the
employee from all restaurants, bed and breakfast facilities and temporary
restaurants; and
     (b) Adequate medical examinations of the
employee and associates of the employee, with such laboratory examinations as
may be indicated. [Amended by 1957 c.672 §5; 1973 c.825 §10; 1987 c.226 §6;
1999 c.59 §184]
     624.085 [1983 c.533 §2; 1987 c.226 §7; 1995 c.578 §4;
2003 c.309 §11; renumbered 624.073 in 2007]
     624.086
Temporary restaurant license; fees. (1) A person may not operate a temporary restaurant without first
procuring a license to do so from the Department of Human Services. The
temporary restaurant license shall be posted in a conspicuous place on the
premises of the licensee.
     (2) Application for a temporary restaurant
license shall be in writing in the form prescribed by the department and shall
contain the name and address of the applicant, the specific location of the
temporary restaurant and any other information the department may require.
     (3) All temporary restaurant licenses
shall terminate 30 days after issuance unless within the 30 days the temporary
restaurant is discontinued or is moved from the specific location for which the
license was issued. If within 30 days after issuance the temporary restaurant
is discontinued or moved from the specific location for which the license was
issued, the license shall terminate upon the discontinuance or the removal.
     (4) Except as provided in ORS 624.106 and
subsection (6) of this section, every applicant for a temporary restaurant
license or renewal thereof shall pay to the department the appropriate license
fee under ORS 624.490.
     (5) The Director of Human Services may
suspend, deny or revoke any temporary restaurant license if it appears, after a
reasonable time has been given for correction of a sanitation violation, that
the applicant does not meet applicable minimum sanitation standards as outlined
in ORS 624.010 to 624.121 or any rule adopted thereunder. Any suspension,
denial or revocation action shall be taken in accordance with ORS chapter 183.
     (6) Notwithstanding any other provision of
this section or ORS 624.490:
     (a) Each temporary restaurant operating on
an intermittent basis, in a grouping of six or more, at the same specific
location two or more times within a 30-day period shall be issued one license
for each 30-day period.
     (b) The total annual amount of license
fees for temporary restaurants described in paragraph (a) of this subsection
may not exceed the maximum annual license fee for a restaurant that is situated
in the county in which the temporary restaurant is situated. [Formerly 624.025]
     624.090 [Amended by 1953 c.177 §8; repealed by 1973
c.825 §23]
     624.091
Inspection of temporary restaurants; report. (1) At least once during the operation of a temporary restaurant, the
Director of Human Services shall inspect the facilities and operation. The
person operating the temporary restaurant shall, upon request of the director,
permit access to all parts of the establishment.
     (2) One copy of the inspection report
shall be posted by the director somewhere on the establishment premises; and
the report shall not be defaced or removed by any person except the director
until the temporary restaurant license is terminated. Another copy of the
inspection report shall be filed with the records of the Department of Human
Services. [Formerly 624.065]
     624.095 [1971 c.661 §4; repealed by 1973 c.825 §23]
     624.096
Summary closure of temporary restaurant. When the violation of any provision of ORS 624.010 to 624.121 or any
rule promulgated thereunder comes to the attention of the Director of Human
Services and if the violation is of such a nature as to constitute a serious
hazard to the health of the public, immediate closure of the temporary
restaurant may be secured upon notification of the operator in writing. The
inspection report carrying a statement ordering closure and signed by the
director delivered to the operator may serve as the written notice of the
closure. A copy of this notice shall be filed with the records of the
Department of Human Services. The closure order shall have the effect of an
immediate revocation of the operatorÂ’s license. The director shall, if
requested, provide a prompt hearing after closure in accordance with ORS
chapter 183. [Formerly 624.075]
     624.100 [Amended by 1957 c.672 §6; part renumbered
as 624.027; 1973 c.825 §11; 1987 c.226 §8; 1995 c.578 §5; 2005 c.22 §439;
renumbered 624.041 in 2007]
     624.101
“Benevolent organization” defined. As used in ORS 624.106 and 624.111, “benevolent organization” means
any person organized and existing for charitable, benevolent, eleemosynary,
humane, patriotic, religious, philanthropic, recreational, social, educational,
civic, fraternal or other nonprofit purposes. The fact that contributions to an
organization do not qualify for a charitable deduction for tax purposes or that
the organization is not otherwise exempt from payment of federal income taxes
pursuant to the Internal Revenue Code of 1954, as amended, constitutes prima
facie evidence that the organization is not a bona fide benevolent
organization. For purposes of this section, each subordinate lodge, chapter,
council, grange, church, parish or other subdivision of an organization
constitutes a separate organization. [Formerly 624.015]
     624.106
Temporary benevolent restaurant license; limit. (1)(a) Notwithstanding ORS 624.086 (3) and
(4), the Department of Human Services shall issue a license to a benevolent
organization to operate a temporary restaurant pursuant to this section if the
benevolent organization has notified the department, orally or in writing, of
its intention to operate a temporary restaurant. The department shall provide
at least one place in each county at which such notification may be made.
     (b) Not more than 13 temporary restaurant
licenses per year may be issued pursuant to this section to each benevolent
organization.
     (c) No license fee or inspection fee shall
be charged for a temporary restaurant licensed pursuant to this section.
     (2) The department shall issue a temporary
benevolent restaurant license to each provider of restaurant service at a
special event arranged by a benevolent organization. The license shall be
provided without fee to each restaurant service provider who files with the
benevolent organization a signed statement that the service provider receives
no profit from restaurant services performed at the special event. The
statement shall be subject to inspection by the department at the time
inspections are made pursuant to ORS 624.111. For the purpose of licenses
issued pursuant to this subsection, a particular benevolent organization may
arrange only one special event per calendar year.
     (3) All licenses issued pursuant to this
section shall terminate three days after issuance unless within the three days
the temporary restaurant is discontinued or is moved from the specific location
for which the license was issued. If within three days after issuance the
temporary restaurant is discontinued or moved from the specific location for
which the license was issued, the license shall terminate upon the
discontinuance or the removal. [Formerly 624.028]
     624.110 [Amended by 1973 c.825 §12; renumbered
624.077 in 2007]
     624.111
Inspection of benevolent organization restaurant facilities and operation. (1) At any time during the operation of a
temporary restaurant licensed pursuant to ORS 624.106, the Director of Human
Services may inspect the facilities and operation.
     (2) The benevolent organization operating
the temporary restaurant shall, upon request of the director, permit access to
all parts of the establishment. [Formerly 624.067]
     624.116
When alternative food service criteria applicable. The Director of Human Services may declare
that an extraordinary situation exists and may apply alternative food service
criteria in an establishment operated to prepare or serve food or beverages to
indigent or needy persons by a benevolent organization, as defined by ORS
624.101, without charge or solicitation from those served. [Formerly 624.035]
     624.120 [Amended by 1957 c.672 §7; 1973 c.427 §13;
1987 c.905 §34; renumbered 624.029 in 2007]
     624.121
State Food Service Advisory Committee; appointment; composition; duties. The Department of Human Services shall
appoint a State Food Service Advisory Committee. The committee shall consist of
volunteer representatives from a cross section of the food service industry,
the general public, appropriate local and state groups, county environmental health
specialists and other appropriate state agencies, including the State
Department of Agriculture. In addition to such other duties as may be
prescribed by the Department of Human Services, the committee, not later than
January 1 of each year in which a biennial session of the Legislative Assembly
convenes, shall submit to the department and the Legislative Assembly
recommendations regarding the implementation of ORS 624.020, 624.060, 624.073,
624.495 and 624.510. [Formerly 624.045]
     624.130
Training to relieve choking; methods of training; exemptions; fees. (1) Any restaurant where food is served to
be consumed on the premises shall require that its food service employees,
within a reasonable time after date of employment, be trained to administer emergency
first aid to relieve any person choking on food particles pursuant to a
training program approved by the local public health authority or as described
in Red Cross Manual 32-1138 as the “abdominal thrust” procedures.
     (2) A local public health authority shall
provide or cause to be provided the necessary training program at reasonable
intervals, as determined by the local authority. The local public health
authority must provide for the training requirement of this section to be met
by inclusion of the necessary training in a food handler training program under
ORS 624.570 or by the placement of posters in the workplace.
     (3) The local public health authority may
charge reasonable fees to cover actual expenses of providing the training and
issuing verification of training.
     (4) The local public health authority may
waive in writing the training requirements of this section in cases of undue
hardship, or where the local authority determines that the employeeÂ’s
assignment renders such training impracticable or unnecessary.
     (5) Civil or criminal liability to the
restaurant or restaurant employees may not result from good faith application
by a trained person of the first aid described under subsection (1) of this
section. [1977 c.824 §1; 2001 c.975 §4a; 2003 c.309 §12]
GAME MEAT
     624.165
Service of inspected game meat by charitable organization. (1) Subject to ORS 624.070, game meat that
has been donated to a charitable organization and has been inspected and
processed as provided in ORS 619.095 may be served for human consumption by
that charitable organization.
     (2) As used in subsection (1) of this
section:
     (a) “Charitable organization” means the
Department of Human Services, Oregon Youth Authority, Department of Corrections
institutions, low-income nutritional centers, public school nutritional
centers, senior nutritional centers, state hospitals and other charitable
organizations or public institutions approved by the State Department of Fish
and Wildlife.
     (b) “Game meat” includes antelope, bighorn
sheep, deer, elk, moose and mountain goat. [1983 c.575 §4; 1987 c.320 §240;
1997 c.249 §190; 2001 c.900 §211]
COMMISSARIES,
     624.310
Definitions for ORS 624.310 to 624.430. As used in ORS 624.310 to 624.430 unless the context requires
otherwise:
     (1) “Approved” means approved by the
administrator.
     (2) “Commissary” means commissary catering
establishment, restaurant or any other place in which food, beverage,
ingredients, containers or supplies are kept, handled, prepared or stored, and
from which vending machines or mobile units are serviced.
     (3) “Department” means the Department of
Human Services.
     (4) “Director” means the Director of Human
Services.
     (5) “Employee” means any operator or any
person employed by an operator who handles any food, beverage, or ingredient to
be dispensed through vending machines or mobile units, or who comes into
contact with product contact surfaces of the container, equipment, utensils or
packaging materials, used in connection with vending machines or mobile unit
operations, or who otherwise services or maintains one or more such machines or
units.
     (6) “Food” means any raw, cooked or
processed edible substance, beverage or ingredient used or intended for use in
whole, or in part, for human consumption.
     (7) “Machine location” means the room,
enclosure, space or area where one or more vending machines are installed and
are in operation.
     (8) “Mobile unit” means any vehicle on
which food is prepared, processed or converted or which is used in selling and
dispensing food to the ultimate consumer.
     (9) “Operator” means any person, who by
contract, agreement or ownership is responsible for operating a commissary or
warehouse or furnishing, installing, servicing, operating or maintaining one or
more vending machines or mobile units.
     (10) “Person” means any individual,
partnership, corporation, company, firm, institution, association or any other
public or private entity.
     (11) “Product contact surface” means any
surface of the vending machine or mobile unit, appurtenance or container which
comes into direct contact with any food, beverage or ingredient.
     (12) “Readily perishable food” means any
food, beverage or ingredient consisting in whole or in part of milk, milk
products, eggs, meat, fish, poultry, or any other food capable of supporting
rapid and progressive growth of microorganisms which can cause food infections
or food intoxications. However, “readily perishable food” does not include
products in hermetically sealed containers processed by heat to prevent
spoilage or dehydrated, dry or powdered products which are so low in moisture
content as to preclude development of microorganisms.
     (13) “Single-service article” means any
utensil, container, implement or wrapper intended for use only once in the
preparation, storage, display, service or consumption of food or beverage.
     (14) “Utensil” means any kitchenware,
tableware, glassware, cutlery, container, cleaning brush or other equipment
that comes into contact with food or product contact surfaces during cleaning
of vending machines, mobile units or commissary equipment, or during storage,
preparation, serving, dispensing or consumption of food.
     (15) “Vending machine” means any
self-service device offered for public use which, upon insertion of a coin,
coins, currency or token, or by other means, dispenses unit servings of food or
beverage, either in bulk or package, without the necessity of replenishing the
device between each vending operation.
     (16) “Warehouse” means any place where
food, utensils, single-service articles, cleaning or servicing supplies for
vending machines, mobile units or commissaries are stored. [1963 c.575 §1; 1973
c.825 §13; 1975 c.792 §2; 2001 c.900 §212; 2001 c.975 §5]
     624.320
License requirement for commissary, warehouse, mobile unit or vending machine;
notice of mobile unit movement.
(1) A person may not operate a vending machine, warehouse, commissary or mobile
unit without first procuring a license to do so from the Department of Human
Services. The operator shall post the license in a conspicuous place in the
warehouse or commissary. The operator shall affix a card, emblem or other
device clearly showing the name and address of the licensee and the serial
number of the license to each vending machine or mobile unit as the case may
be.
     (2) Application for the license shall be
in writing in the form prescribed by the department and shall contain the
following information:
     (a) Name and address of the applicant.
     (b) Location of all warehouses or
commissaries.
     (c) Locations where supplies are kept.
     (d) Locations where vending machines or
mobile units are stored, repaired or renovated.
     (e) Identity and form of food to be
dispensed through vending machines.
     (f) Number of each type of vending machine
on location.
     (3) The operator must keep the specific
locations of the vending machines and specific itineraries of the mobile units
on file at the operatorÂ’s business office and readily available to the
department. If the mobile unit is moved to a delegate county other than a
delegate county that licensed the mobile unit, the operator shall notify the
health department for the county to which the mobile unit is moved prior to
operating the mobile unit within that county. The operator shall furnish the
department with written details of the conversion of any vending machine to
dispense products other than those for which the license was issued. [1963
c.575 §2; 1973 c.825 §14; 2001 c.104 §244; 2001 c.975 §6; 2003 c.672 §1]
     624.330
Exemption of certain commissaries, mobile units and vending machines from licensing
requirements; rules. (1)
Vending machines dispensing only ball chewing gum, nutmeats and the following
prepackaged foods: Candy, chewing gum, nutmeats, potato chips, pretzels,
popcorn, cookies, crackers and bottled or canned soft drink beverages shall be
exempt from the provisions of ORS 624.320 and 624.430.
     (2) The Department of Human Services may,
by rule, exempt certain other types of vending machines from the license
requirements of ORS 624.310 to 624.430 when it appears that there is no danger
to the life and health of the people of this state.
     (3) The provisions of ORS 624.310 to
624.430 do not include commissaries, mobile units or vending machines which are
presently licensed and inspected by the State Department of Agriculture or
United States Public Health Service. [1963 c.575 §§7,15; 1973 c.825 §15]
     624.340
Denial, suspension or revocation of license. The Director of Human Services may deny, suspend or revoke a license
in accordance with ORS chapter 183 in any case where the director finds that
there has been a substantial failure to comply with the provisions of ORS
624.310 to 624.430 or the rules promulgated under ORS 624.310 to 624.430. [1963
c.575 §4; 1973 c.825 §16]
     624.350 [1963 c.575 §5; repealed by 1973 c.825 §23]
     624.360 [1963 c.575 §6; repealed by 1973 c.825 §23]
     624.370
Inspection of commissary, warehouse, mobile unit or vending machine; report of
Director of Human Services; hearing. (1) At least once every six months, the Director of Human Services
shall inspect every commissary and warehouse, and a representative number of
each operatorÂ’s mobile units and vending machines. The director shall be
granted access at reasonable times to all parts of the commissary and shall
have access, either in the company of an employee or otherwise, to the interior
of all vending machines or mobile units of the operator at such times as the
director considers necessary to insure compliance with the provisions of ORS
624.310 to 624.430.
     (2) Samples of food, drink and other
substances may be taken and examined by the director as often as may be
necessary for the detection of unwholesomeness or adulteration. The director
may condemn and prohibit the sale of or cause to be removed or destroyed, any
food or drink which contains any toxic, contaminated, filthy, putrid,
decomposed or diseased substance or if it is otherwise unfit for human
consumption.
     (3) One copy of the inspection report
shall be posted by the director upon an inside wall of the commissary or placed
in the mobile unit. The inspection report shall not be defaced or removed by
any person except the director. A copy of the inspection report on vending
machines shall be sent to the operator. Another copy of each inspection report
shall be filed with the records of the Department of Human Services.
     (4) If the director discovers the
violation of any provision of ORS 624.310 to 624.430 or any rule promulgated
thereunder, the director shall make a second inspection after the lapse of such
time as the director considers necessary for the defect to be remedied.
     (5) If a violation is of a nature so as to
constitute a danger to the health of the people of this state, the director may
order immediate closure of the commissary, mobile unit, or vending machine and
shall, within 24 hours of the time of inspection, mail to or serve personally
on the licensee a copy of the inspection report signed by the director showing
thereon the particular facility closed and the reason. The director shall, if
requested, hold a hearing in accordance with ORS chapter 183. [1963 c.575 §8;
1973 c.825 §17; 1975 c.792 §2]
     624.380
Diseased persons working in commissary or mobile unit; suspicion of possible transmission
of infection. (1) No person
affected with a communicable disease described in ORS 624.080 (1) or is a
carrier of such disease shall work in any commissary, mobile unit or in the
servicing of vending machines nor shall any operator employ any such person or
any person suspected of being affected with any communicable disease or of
being a carrier of such disease. If the operator suspects that any employee has
an infectious disease in a communicable form or may be a carrier of such a
disease the operator shall notify the Director of Human Services immediately. A
placard containing this section shall be posted in all toilet rooms.
     (2) When, in the opinion of the director,
there is a possibility of transmission of infection from any person or
employee, the director may require the immediate exclusion of such person or
employee from all commissaries, mobile units and vending machines and may
require a medical examination of the person or employee and associates of the
person or employee including such laboratory examinations as may be indicated. [1963
c.575 §9; 1973 c.825 §18]
     624.390
Rules. The Department of
Human Services shall make reasonable rules for carrying out the provisions of
ORS 624.310 to 624.430, including but not limited to the following:
     (1) Construction and operation of
commissaries, mobile units and vending machines.
     (2) Water supply adequate in quantity and
safe for human consumption.
     (3) Disposal of sewage, refuse and other
wastes in a manner that will not create a nuisance or health hazard.
     (4) Cleanliness of premises and
facilities.
     (5) Refrigeration of perishable foods and
the wholesomeness of all food and beverage ingredients.
     (6) Protection of food, utensils, wrapping
and serving materials against dust, dirt and contamination.
     (7) Equipment of proper construction and
the maintenance of such equipment.
     (8) Approved plumbing.
     (9) Sanitary facilities for employees in
commissaries.
     (10) Control and exclusion of insects and
rodents.
     (11) Labeling of foods or beverages.
     (12) Exclusion of vending machines
dispensing chemicals, sanitizers, detergents, economic poisons and such other
compounds of similar nature from immediate areas where food and beverage
vending machines are located.
     (13) Approval of plans for commissaries,
mobile units and vending machines. [1963 c.575 §10; 1973 c.825 §19]
     624.400
Rating surveys; preparing and disseminating information; cooperation with local
health departments in educational programs. The Department of Human Services shall make such surveys as are
necessary to obtain uniform enforcement of ORS 624.310 to 624.430 throughout
the state and shall prepare and disseminate information and shall cooperate
with and assist local health departments in educational programs for the
purpose of encouraging compliance with ORS 624.310 to 624.430 on the part of
operators and employees of vending machines and mobile units. [1963 c.575 §12;
1973 c.825 §20]
     624.410
Commissaries and sources of supply outside jurisdiction. (1) Foods from commissaries or other sources
outside the jurisdiction of the Department of Human Services may be sold in the
local jurisdiction if such commissaries or other sources of supply conform to
the provisions of ORS 624.310 to 624.430 and the rules promulgated under ORS
624.310 to 624.430 or to substantially equivalent provisions.
     (2) The department shall investigate and
survey the system of regulations in effect for commissaries or sources of
supply outside the state. Upon determination that the regulations in effect are
of a quality substantially equal to the rules of ORS 624.310 to 624.430, the
department may permit such commissaries or sources of supply to be used in the
state. [1963 c.575 §11; 1973 c.825 §21]
     624.420
Abating or enjoining violations of ORS 624.310 to 624.430. Any commissary, mobile unit or vending
machine operated contrary to the provisions of ORS 624.310 to 624.430 is a
public nuisance and dangerous to health and may be abated or enjoined in the
manner provided by law. [1963 c.575 §14]
     624.430
Fee payment. (1) Except as
provided in ORS 624.330, every applicant for a license to operate a commissary,
vending machine, warehouse or mobile unit shall pay to the Department of Human
Services the appropriate annual fee set forth in ORS 624.490.
     (2) All licenses issued under ORS 624.320
expire annually on a date set by department rule. A license is not
transferable. The department may not issue a refund representing any unused
portion of a license. The department may not refund fees submitted with
applications that have been denied. [1963 c.575 §3; 1973 c.182 §3; 1975 c.526 §6;
1979 c.696 §13; 1983 c.352 §2; 1995 c.578 §6; 2001 c.975 §7; 2003 c.309 §13]
     624.440 [1963 c.575 §13; 1973 c.427 §14; 1987 c.905 §35;
repealed by 2001 c.975 §11]
ADMINISTRATION
AND ENFORCEMENT OF FOOD SERVICE FACILITY LAWS
     624.490
License fees; exemptions.
(1) The Department of Human Services may charge the following fees for the
issuance or renewal of licenses:
     (a) $157.50 for a bed and breakfast
facility.
     (b) $210 for a limited service restaurant.
     (c) For a restaurant in accordance with
seating capacity, as follows:
     (A) $367.50 for 0 to 15 seats;
     (B) $414.75 for 16 to 50 seats;
     (C) $472.50 for 51 to 150 seats; and
     (D) $525 for more than 150 seats.
     (d) For a temporary restaurant, except as
provided in ORS 624.086 and 624.106:
     (A) $36.75 for an event lasting one day;
and
     (B) $52.50 for an event lasting two days
or longer.
     (e) $262.50 for a commissary.
     (f) $105 for each warehouse.
     (g) $131.50 for each mobile unit.
     (h) For vending machines in accordance
with the number of machines covered by the license as follows:
     (A) $26.25 for 1 to 10 machines;
     (B) $52.50 for 11 to 20 machines;
     (C) $78.75 for 21 to 30 machines;
     (D) $105 for 31 to 40 machines;
     (E) $131.25 for 41 to 50 machines;
     (F) $157.50 for 51 to 75 machines;
     (G) $210 for 76 to 100 machines;
     (H) $367.50 for 101 to 250 machines;
     (I) $577.50 for 251 to 500 machines;
     (J) $787.50 for 501 to 750 machines;
     (K) $966 for 751 to 1,000 machines;
     (L) $1,260 for 1,001 to 1,500 machines;
and
     (M) $1,575 for more than 1,500 machines.
     (2) To reinstate a license other than a
temporary restaurant license after the expiration date, the operator must pay a
reinstatement fee of $100 in addition to the license fee required under
subsection (1) of this section. If the operator reinstates the license more
than 30 days after the expiration date, the reinstatement fee shall increase by
$100 on the 31st day following the expiration date and on that day of the month
in each succeeding month until the license is reinstated.
     (3) The department or a local public
health authority may exempt or reduce the license fee for restaurants operated
by benevolent organizations, as defined in ORS 624.101, that provide food or
beverages primarily to children, the elderly, the indigent or other needy
populations if the persons receiving the food or beverages are not required to
pay the full cost of the food or beverages. [2003 c.309 §4]
     624.495
Foodborne illness prevention program; rules. (1) The Department of Human Services shall adopt rules establishing a
foodborne illness prevention program for the purpose of protecting the public
health. Unless an agreement entered into under ORS 624.530 provides otherwise,
the program may include, but need not be limited to, provisions for preventing
the spread of communicable disease through food service facilities that are
subject to licensing by the department under this chapter and for effective and
rapid response to terrorism events related to those facilities.
     (2) A program established by the
department under this section must provide for a local public health authority
that enters into an intergovernmental agreement under ORS 624.510 to undertake
primary responsibility for the delivery of program services within the
jurisdiction of the local authority. A program must also provide for extensive monitoring
and review by the department of local public health authority performance of
program services under an intergovernmental agreement.
     (3) The department shall consult with
groups representing local health officials within the state and statewide restaurant
associations in the development of rules adopted under this section and prior
to preparing an intergovernmental agreement delegating administration and
enforcement of all or part of the foodborne illness prevention program to a
local public health authority. [2003 c.309 §3; 2007 c.123 §1]
     624.500 [1971 c.661 §3; repealed by 1973 c.825 §23]
     624.510
Intergovernmental agreements with local public health authorities; fee collection
and remittance; rules. (1)
The Director of Human Services shall enter into an intergovernmental agreement
with each local public health authority established under ORS 431.375,
delegating to the local authority the administration and enforcement within the
jurisdiction of the authority of the powers, duties and functions of the
Director of Human Services under ORS 624.010 to 624.121, 624.310 to 624.430,
624.650 and 624.992. The intergovernmental agreement must describe the powers,
duties and functions of the local public health authority relating to fee
collection, licensing, inspections, enforcement, civil penalties and issuance
and revocation of permits and certificates, standards for enforcement by the
local authority and the monitoring to be performed by the Department of Human
Services. The department shall establish the descriptions and standards in
consultation with the local public health authority officials and in accordance
with ORS 431.345. The intergovernmental agreement must be a part of the local
annual plan submitted by the local public health authority under ORS 431.385.
The department shall review the performance of the local public health
authority under any expiring intergovernmental agreement. The review shall
include criteria to determine if provisions of ORS 624.073 are uniformly
applied to all licensees within the jurisdiction of the local public health
authority. In accordance with ORS chapter 183, the director may suspend or
rescind an intergovernmental agreement under this subsection. If the department
suspends or rescinds an intergovernmental agreement, the unexpended portion of
the fees collected under subsection (2) of this section shall be available to
the department for carrying out the powers, duties and functions under this
section.
     (2) A local public health authority shall
collect fees on behalf of the department that are adequate to cover the
administration and enforcement costs incurred by the local public health
authority under this section and the cost of oversight by the department. If
the fee collected by a local public health authority for a license or service
is more than 20 percent above or below the fee for that license or service
charged by the department, the department shall analyze the local public health
authority fee process and determine whether the local public health authority
used the proper cost elements in determining the fee and whether the amount of
the fee is justified. Cost elements may include, but need not be limited to,
expenses related to administration, program costs, salaries, travel expenses
and department consultation fees. If the department determines that the local
public health authority did not use the proper cost elements in determining the
fee or that the amount of the fee is not justified, the department may order
the local public health authority to reduce any fee to a level supported by the
departmentÂ’s analysis of the fee process.
     (3) The department, after consultation
with groups representing local health officials in the state, shall by rule
assess a remittance from each local public health authority to which health
enforcement powers, duties or functions have been delegated under subsection
(1) of this section. The amount of the remittance must be specified in the
intergovernmental agreement. The remittance shall supplement existing funds for
consultation services and development and maintenance of the statewide food
service program. The department shall consult with groups representing local
health officials in the state and statewide restaurant associations in
developing the statewide food service program.
     (4) In any action, suit or proceeding
arising out of local public health authority administration of functions
pursuant to subsection (1) of this section and involving the validity of a rule
adopted by the department, the department shall be made a party to the action,
suit or proceeding. [1973 c.825 §22a; 1975 c.790 §3; 1975 c.792 §4; 1981 c.650 §5;
1983 c.370 §1; 1983 c.533 §4; 1995 c.578 §7; 2001 c.975 §8; 2003 c.309 §14;
2005 c.22 §440]
     624.530
Agreement to ensure only one agency inspects facilities; rules. Notwithstanding any provision of ORS 624.010
to 624.121 or 624.310 to 624.430 or statutes administered by the State
Department of Agriculture, the Director of Human Services and the Director of
Agriculture jointly shall adopt rules and enter into interagency agreements
necessary to ensure that only one of the agencies inspects and licenses any
facility that is subject to regulation by both agencies. [1981 c.112 §1; 2003
c.14 §376; 2003 c.309 §16]
     624.550
Local public health authority food service advisory committee. An intergovernmental agreement described in
ORS 624.510 must encourage and authorize a local public health authority to
which health enforcement powers, duties or functions have been delegated
pursuant to ORS 624.510 to appoint a food service advisory committee consisting
of volunteer representatives from a cross section of the food service industry
and the general public. A committee established by a local public health
authority may:
     (1) Make recommendations to the local
public health authority regarding the administration and enforcement by the
local authority of powers, duties and functions under an existing or proposed
intergovernmental agreement; and
     (2) Review and provide to the Department
of Human Services an evaluation of the effectiveness of this chapter and any
foodborne illness prevention program adopted by the department by rule under
ORS 624.495. [1983 c.533 §8; 1985 c.519 §5; 2003 c.309 §17]
FOOD HANDLER
TRAINING PROGRAM
     624.570
Food handler training requirement; exception; certification; fees; rules. (1)(a) Except as provided in subsection (6)
of this section, any person involved in the preparation or service of food in a
restaurant or food service facility licensed under ORS 624.020 or 624.320 must
successfully complete a food handler training program and earn a certificate of
program completion within 30 days after the date of hire. The person shall
thereafter maintain a valid completion certificate at all times during the
employment.
     (b) A food handler training program
offered by the Department of Human Services or the designated agent of the
department, or offered by a local public health authority or designated agent
of the local authority and approved by the department, is valid in any
jurisdiction in the state for the purpose of obtaining the certificate of
completion under subsection (2) of this section.
     (2) If a person successfully completes the
food handler training program required in subsection (1) of this section and
pays the appropriate fee, the department, a local public health authority or a
designated agent shall issue a certificate of completion. A food handler
certificate of completion expires three years after the date of issuance.
     (3) All local public health authorities
exercising powers, duties and functions pursuant to ORS 624.510, shall ensure
the provision of food handler training programs within the jurisdiction of the
local public health authority. The department shall establish and maintain food
handler training programs in counties without authority delegated under ORS
624.510.
     (4) The department shall establish by rule
all provisions necessary to administer and enforce the provisions of this
section, including but not limited to:
     (a) Minimum standards for program content
and delivery; and
     (b) The establishment of minimum
requirements for successful completion of the training.
     (5) The department, a local public health
authority or a designated agent shall charge a program fee to program
participants. The program fee may not exceed $10. A program provider may assess
a new program fee each time a participant takes or retakes all or part of a
program or certification exam. A fee not exceeding $5 may be charged for
duplicate certificates of completion.
     (6) Persons involved in the preparation or
service of food in a temporary restaurant are not required to complete a food
handler training program, but the temporary restaurant shall have at least one
person who has completed the food handler training program on the premises at
all times. [1995 c.578 §13; 2001 c.975 §8a; 2003 c.309 §18]
MISCELLANEOUS
     624.610
Application of ORS 624.010 to 624.121 or 624.310 to 624.430 to certain food
service. Neither ORS 624.010
to 624.121 nor 624.310 to 624.430 apply to:
     (1) Food service provided to sleeping room
patrons of facilities described in ORS 446.435; or
     (2) Food service provided solely and
incidentally to participants in the course of backpacking, hiking, horseback
packing, canoeing, rafting or other such expedition as described in ORS 446.435
unless the expedition is a part of an organizational camp program. [1981 c.650 §3]
     624.630
Construction, remodeling requirements; fees. A person may not construct or extensively remodel a facility subject
to licensure under this chapter without first submitting construction or
remodeling plans to the Department of Human Services and paying a fee to the
department for review of the plans. The fee shall be assessed in the following
amounts:
     (1) For initial construction:
     (a) Of a full service restaurant, $250.
     (b) Of a bed and breakfast facility, $75.
     (c) Of a commissary, $125.
     (d) Of a warehouse, $50.
     (e) Of a limited service restaurant, $75.
     (f) Of a mobile unit, $75.
     (2) For remodeling:
     (a) Of a full service restaurant, $100.
     (b) Of any facility other than a full
service restaurant, $50. [1995 c.578 §11]
     624.650
Temporary restaurant inspection fee. (1) Notwithstanding any provision of ORS 624.010, 624.086, 624.091,
624.510 or 624.530, a temporary restaurant as defined under ORS 624.010 that is
a mobile unit as defined under ORS 624.310 may be required to pay a fee not to
exceed $25 for inspection services if the mobile unit is licensed by:
     (a) The Department of Human Services under
ORS 624.320 or a local public health authority acting pursuant to an
intergovernmental agreement to conduct inspections in accordance with ORS
624.370;
     (b) The State Department of Agriculture or
the United States Public Health Service as provided under ORS 624.330; or
     (c) Another jurisdiction and permitted to
be used in this state under ORS 624.410.
     (2) This section does not prohibit the
Department of Human Services or a local public health authority delegated
authority under an intergovernmental agreement described in ORS 624.510 from
enforcing ORS 624.380 or 624.420 or rules adopted by the department pursuant to
ORS 624.390. [1995 c.686 §1; 2003 c.309 §19]
     624.670
Disposition of fees. All
moneys received by the Department of Human Services under this chapter shall be
paid into the State Treasury, deposited in the General Fund to the credit of
the Public Health Account and used exclusively by the department for the
purpose of carrying out the provisions of this chapter. [1995 c.578 §12; 2001
c.975 §9]
PENALTIES
     624.990
Criminal penalties. (1)
Violation of any provision of ORS 624.010 to 624.121 or rules of the Department
of Human Services promulgated under ORS 624.010 to 624.121 is a Class C
misdemeanor.
     (2) Violation of any provision of ORS
624.310 to 624.430 or rules of the department promulgated under ORS 624.310 to
624.430 is a Class B misdemeanor. [Subsection (2) enacted as 1963 c.575 §16;
1973 c.825 §22; 2003 c.14 §377]
     624.992
Civil penalty; rules. (1) In
addition to any other penalty provided by law, the Department of Human Services
may impose a civil penalty on any person for violation of ORS 624.020 (1),
624.060 (1), 624.060 (4), 624.070, 624.073, 624.320, 624.370, 624.380 or
624.430 or rules adopted under ORS 624.010 to 624.121 or 624.390.
     (2) After public hearing, the Department
of Human Services by rule shall adopt objective criteria for establishing the
civil penalty that may be imposed under subsection (1) of this section.
     (3) Civil penalties under subsection (1)
of this section shall be imposed in the manner provided by ORS 183.745.
     (4) A local public health authority
delegated civil penalty power under an intergovernmental agreement described in
ORS 624.510 shall implement that power in accordance with protocols and limits
established by the Department of Human Services by rule. The local public health
authorityÂ’s civil penalty power applies only to imminent and present dangers to
public health and to operation without a license. [1995 c.578 §14; 2001 c.975 §10;
2003 c.309 §20]
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