ORS Chapter 624
Chapter 624 — FoodService Facilities
2009 EDITION
FOODSERVICE FACILITIES
FOODAND OTHER COMMODITIES
DEFINITION
624.005 “Localpublic health authority” defined
RESTAURANTS;BED AND BREAKFAST FACILITIES
624.010 Definitionsfor ORS 624.010 to 624.121
624.020 License;fee payment; rules; denial, suspension and revocation of licenses; posting;nontransferability
624.029 Dispositionof fees
624.036 Exemptionof confection operations from license requirements; rules
624.041 Rules
624.046 Bedand breakfast facility regulation
624.051 Singletoilet fixture allowed in small restaurant
624.060 Inspectionand reinspection of restaurants and bed and breakfast facilities; posting ofsign required; report; posting
624.070 Examinationof food and drink samples; unwholesome or adulterated food and drink
624.073 Revocation,suspension or refusal of license; closure; sanitation score; inspectionschedule; fee
624.077 Ratingsurveys; preparing and disseminating information for educational programs
624.080 Diseasedpersons working in restaurants, bed and breakfast facilities or temporaryrestaurants; suspicion of possible transmission of infection; rules
624.086 Temporaryrestaurant license; fees
624.091 Inspectionof temporary restaurants; report
624.096 Summaryclosure of temporary restaurant; hearing
624.101 “Benevolentorganization” defined
624.106 Temporarybenevolent restaurant license; limit
624.111 Inspectionof benevolent organization restaurant facilities and operation
624.116 Whenalternative food service criteria applicable
624.121 StateFood Service Advisory Committee; appointment; composition; duties
624.130 Trainingto relieve choking; methods of training; exemptions; fees
GAMEMEAT
624.165 Serviceof inspected game meat by charitable organization
COMMISSARIES,MOBILE UNITS AND VENDING MACHINES
624.310 Definitionsfor ORS 624.310 to 624.430
624.320 Licenserequirement for commissary, warehouse, mobile unit or vending machine; noticeof mobile unit movement
624.330 Exemptionof certain commissaries, mobile units and vending machines from licensingrequirements; rules
624.355 Rules
624.370 Inspectionof commissary, warehouse, mobile unit or vending machine; report of Director ofOregon Health Authority; hearing
624.400 Ratingsurveys; preparing and disseminating information; cooperation with local healthdepartments in educational programs
624.410 Commissariesand sources of supply outside jurisdiction
624.415 Denial,suspension or revocation of license
624.420 Abatingor enjoining violations of ORS 624.310 to 624.430
624.425 Diseasedpersons working in commissary or mobile unit; suspicion of possibletransmission of infection
624.430 Feepayment; rules
ADMINISTRATIONAND ENFORCEMENT OF FOOD SERVICE FACILITY LAWS
624.490 Licensefees; exemptions
624.495 Foodborneillness prevention program; rules
624.510 Intergovernmentalagreements with local public health authorities; fee collection and remittance;rules
624.530 Agreementto ensure only one agency inspects facilities; rules
624.550 Localpublic health authority food service advisory committee
FOODHANDLER TRAINING PROGRAM
624.570 Foodhandler training requirement; exception; certification; fees; rules
MISCELLANEOUS
624.610 Applicationof ORS 624.010 to 624.121 or 624.310 to 624.430 to certain food service
624.630 Construction,remodeling requirements; fees
624.650 Temporaryrestaurant inspection fee
624.670 Dispositionof fees
PENALTIES
624.990 Criminalpenalties
624.992 Civilpenalty; rules
DEFINITION
624.005“Local public health authority” defined. As used in this chapter, “local publichealth authority” means an entity described in ORS 431.375. [2003 c.309 §2]
RESTAURANTS;BED AND BREAKFAST FACILITIES
624.010Definitions for ORS 624.010 to 624.121. As used in ORS 624.010 to 624.121,unless the context requires otherwise:
(1)“Authority” means the Oregon Health Authority.
(2)“Bed and breakfast facility” means any establishment located in a structuredesigned for a single family residence and structures appurtenant thereto,regardless of whether the owner or operator of the establishment resides in anyof 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.
(3)“Director” means the Director of the Oregon Health Authority.
(4)“Limited service restaurant” means a restaurant serving only individuallyportioned prepackaged foods prepared from an approved source by a commercialprocessor and nonperishable beverages.
(5)“Restaurant” includes any establishment where food or drink is prepared forconsumption by the public or any establishment where the public obtains food ordrink so prepared in form or quantity consumable then and there, whether or notit is consumed within the confines of the premises where prepared, and alsoincludes establishments that prepare food or drink in consumable form forservice outside the premises where prepared, but does not include railroaddining cars, bed and breakfast facilities or temporary restaurants.
(6)“Temporary restaurant” means any establishment operating temporarily inconnection with any fair, carnival, circus or similar public gathering orentertainment, food product promotion or any other event where food is preparedor served for consumption by the public. “Temporary restaurant” does notinclude:
(a)An establishment where food is prepared and served by a fraternal, social orreligious organization only to its own members and guests.
(b)An approved school lunchroom where food is prepared and served for school andcommunity activities, where the preparation and service are under the directionof the school lunchroom supervisor.
(c)A food product promotion where only samples of a food or foods are offered todemonstrate the characteristics of the food product. For the purposes of thisparagraph, a sample shall not include a meal, an individual hot dish or a wholesandwich.
(d)A private residence, or part thereof, including the grounds, areas andfacilities held out for the use of the occupants generally, for which atemporary sales license is issued under ORS 471.190 for a period not exceedingone 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; 1995c.578 §1; 1999 c.351 §38; 2001 c.900 §210; 2001 c.975 §3; 2003 c.14 §375; 2009c.595 §999]
Note: Section 1,chapter 975, Oregon Laws 2001, provides:
Sec.1.A licensed limited service restaurant operating immediately prior to theeffective 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 restaurantwhile the restaurant:
(1)Continues to be owned or operated by the person that owned or operated therestaurant immediately prior to the effective date of the amendments to ORS624.010 by section 3 of this 2001 Act; and
(2)Continues to serve only items that qualified the restaurant as limited serviceand were offered by the restaurant immediately prior to the effective date ofthe 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]
624.020License; rules; fee payment; denial, suspension and revocation of licenses; posting;nontransferability.(1) A person may not operate a restaurant or bed and breakfast facility withouta license to do so from the Oregon Health Authority.
(2)Application for the license shall be in writing in the form prescribed by theauthority and shall contain the name and address of the applicant and any otherinformation that the authority may require. The fee for a license is asprovided in ORS 624.490. A license expires annually on December 31 or on suchdate as may be specified by authority rule.
(3)The Director of the Oregon Health Authority may suspend, deny or revoke anylicense for violation of any of the applicable provisions of ORS 624.010 to624.121 or any rule adopted under ORS 624.010 to 624.121.
(4)Procedures for denial, revocation or suspension of a license are as provided inORS chapter 183.
(5)The licensee shall post evidence of the license in public view at the customaryentrance of the restaurant or bed and breakfast facility. A person other thanthe director may not deface or remove evidence of a license.
(6)A license is not transferable. The authority may not issue a refundrepresenting any unused portion of a license. [Amended by 1953 c.177 §8; 1957c.672 §2; 1971 c.661 §1; 1973 c.182 §1; 1975 c.526 §4a; 1975 c.607 §44; 1979c.696 §11; 1983 c.352 §1; 1983 c.533 §6; 1987 c.226 §2; 1991 c.821 §1; 1995c.578 §2; 2001 c.975 §4; 2003 c.309 §8; 2007 c.768 §32; 2009 c.595 §1000]
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 624.086in 2007]
624.027 [Formerly partof 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]
624.029Disposition of fees.All license fees collected under ORS 624.010 to 624.121 shall be paid into theGeneral Fund in the State Treasury and placed to the credit of the PublicHealth Account and such moneys hereby are appropriated continuously and shallbe used only for the administration and enforcement of ORS 624.010 to 624.121. [Formerly624.120]
624.030 [Amended by1957 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]
624.036Exemption of confection operations from license requirements; rules. When the OregonHealth Authority determines that public health hazards are nonexistent, theauthority may, by rule, exempt certain types of confection operations from thelicense requirements of ORS 624.010 to 624.121. [Formerly 624.027; 2009 c.595 §1001]
624.040 [Amended by1953 c.177 §8; 1973 c.825 §4; repealed by 1983 c.533 §5]
624.041Rules.The Oregon Health Authority shall make all rules necessary for the enforcementof ORS 624.010 to 624.121, including such rules concerning the construction andoperation of restaurants, bed and breakfast facilities and temporaryrestaurants as are reasonably necessary to protect the public health of personsusing these facilities. The rules shall provide for, but need not be restrictedto, 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 anuisance 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 facilitiessubject to licensing under this chapter. [Formerly 624.100; 2009 c.595 §1002]
624.045 [1985 c.701 §3;2003 c.309 §10; 2003 c.547 §115; renumbered 624.121 in 2007]
624.046Bed and breakfast facility regulation. The Oregon Health Authority shall allowa bed and breakfast facility to conduct food service operations for its patronsin 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 duringbreakfast meal hours. [Formerly 624.032; 2009 c.595 §1003]
624.050 [Amended by1953 c.177 §8; 1957 c.672 §4; 1973 c.825 §5; 1981 c.650 §2; repealed by 1983c.533 §5]
624.051Single toilet fixture allowed in small restaurant. The OregonHealth Authority shall allow restaurants with an occupancy capacity of no morethan 15 persons, including employees and patrons, to have only one toiletfixture and adjacent lavatory on the premises. This single toilet fixture shallcomply with all authority standards for construction, maintenance, cleanliness,accessibility and others, not in conflict with the state building code, thatthe authority might provide. [Formerly 624