616.005 [Repealed by 2003 c.14 §361]repealed
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 616 — General and Miscellaneous Provisions
180 sections616.010 State Department of Agriculture and Oregon Health Authority to administer and enforce food laws
The duty of administration and enforcement of all regulatory legislation applying to: 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 …
616.015 Cooperation between Oregon Health Authority 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 Oregon Health Authority and the State Depar…
616.020 Surveys, investigations and inquiries by Oregon Health Authority
In addition to any Oregon Health Authority survey, investigation or inquiry authorized by law that involves the production, processing or distribution of agricultural products, the authority 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 produc…
616.025 [Amended by 1953 c.686 §37; 1965 c.107 §1; 1973 c.174 §17; repealed by 1973 c.227 §26]repealed
No operative statutory text appears at this designation in the selected edition.
616.028 State Department of Agriculture administration and enforcement of federal or interstate food safety systems; rules; penalties
Consistent with the terms of the federal FDA Food Safety Modernization Act (P.L. 111-353) or interstate food safety systems authorized under the federal Act, the State Department of Agriculture may administer and enforce duties, functions and powers that include, but are not limited to: Conducting inspections to ensure that a farm or a food facility is comp…
616.030 [Repealed by 1953 c.686 §37]repealed
No operative statutory text appears at this designation in the selected edition.
616.035 [Repealed by 1953 c.686 §37]repealed
No operative statutory text appears at this designation in the selected edition.
616.040 [Repealed by 1953 c.686 §37]repealed
No operative statutory text appears at this designation in the selected edition.
616.045 [Repealed by 1953 c.686 §37]repealed
No operative statutory text appears at this designation in the selected edition.
616.050 [Repealed by 1953 c.686 §37]repealed
No operative statutory text appears at this designation in the selected edition.
616.055 [Repealed by 1973 c.227 §26]repealed
No operative statutory text appears at this designation in the selected edition.
616.060 [Repealed by 1973 c.227 §26]repealed
No operative statutory text appears at this designation in the selected edition.
616.062 [Repealed by 1953 c.686 §37]repealed
No operative statutory text appears at this designation in the selected edition.
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]repealed
No operative statutory text appears at this designation in the selected edition.
616.073 Policy and prohibitions on sulfite use; exceptions
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. The Legislative Assembly further finds that the presence of sulfites in fresh foods and foods to be consumed without cookin…
616.075 [Repealed by 1969 c.131 §5]repealed
No operative statutory text appears at this designation in the selected edition.
616.077 Oregon Health Authority rules; exception
The Oregon Health Authority shall adopt any rules necessary to implement the policy established in ORS 616.073. Rules adopted by the authority 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 establishm…
616.080 [Amended by 1953 c.686 §37; 1965 c.107 §2; 1973 c.174 §18; repealed by 1973 c.227 §26]repealed
No operative statutory text appears at this designation in the selected edition.
616.085 [Repealed by 1953 c.686 §37]repealed
No operative statutory text appears at this designation in the selected edition.
616.090 [Repealed by 1973 c.227 §26]repealed
No operative statutory text appears at this designation in the selected edition.
616.095 [Amended by 1953 c.66 §2; part renumbered 561.605 to 561.620; part renumbered as part of 561.625]renumbered
No operative statutory text appears at this designation in the selected edition.
616.100 [Renumbered as part of 561.625]renumbered
No operative statutory text appears at this designation in the selected edition.
616.110 [Renumbered 561.630]renumbered
No operative statutory text appears at this designation in the selected edition.
616.115 [Repealed by 1973 c.227 §26]repealed
No operative statutory text appears at this designation in the selected edition.
616.120 [Repealed by 1973 c.227 §26]repealed
No operative statutory text appears at this designation in the selected edition.
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: “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. “Color” includes black, white and intermed…
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.
616.215 Prohibited acts
The following acts and the causing thereof within the State of Oregon are prohibited: The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded. The adulteration or misbranding of any food. The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery there…
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.
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 …
616.223 Processing of reclaimed fish for food banks; sale and purchase exemption
As used in this section: “Bycatch” means commercially caught fish of a species that was not targeted for harvesting. “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purpose of reducing hunger and meeting nutritional …
616.225 Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity
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…
616.230 Definitions and standards; conformity to federal regulations; rules
The State Department of Agriculture, by rule, shall establish definitions and standards of identity, quality and fill of container for the State of Oregon. In carrying out the provisions of this subsection, the department shall take into consideration definitions and standards established in other states and definitions and standards established pursuant to …
616.235 When food deemed adulterated; rules
A food shall be deemed to be adulterated: 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 heal…
616.240 [Repealed by 1965 c.501 §10]repealed
No operative statutory text appears at this designation in the selected edition.
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 Departmen…
616.250 When food deemed misbranded; rules
A food shall be deemed to be misbranded: If its labeling is false or misleading in any particular, or fails to conform to ORS 616.325. If it is offered for sale under the name of another food. 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 t…
616.255 [Repealed by 1973 c.227 §9 (616.256 enacted in lieu of 616.255)]repealed
No operative statutory text appears at this designation in the selected edition.
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 t…
616.260 [Repealed by 1973 c.227 §26]repealed
No operative statutory text appears at this designation in the selected edition.
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, s…
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 p…
616.280 [Repealed by 1961 c.637 §17]repealed
No operative statutory text appears at this designation in the selected edition.
616.285 [Repealed by 1973 c.227 §11 (616.286 enacted in lieu of 616.285)]repealed
No operative statutory text appears at this designation in the selected edition.
616.286 Inspection and investigation powers of department
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: To enter at reasonable times any food establishment or warehouse in which food is being held for introduction into commerce …
616.290 [Repealed by 1973 c.227 §26]repealed
No operative statutory text appears at this designation in the selected edition.
616.295 Reports and information issuable by department
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. The department also may cause to be disseminated such information regarding …
616.300 [Repealed by 1953 c.686 §37]repealed
No operative statutory text appears at this designation in the selected edition.
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 writte…
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.
616.320 Short title
ORS 616.205 to 616.385 may be cited as the Oregon Food Law.
616.325 Consumer commodity labeling requirements; restrictions on consumer commodity distribution; rulemaking; conformance to federal standards
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. …
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 Oregon Health Authority under ORS 616.077 (1) and this section do not apply to alcoholic beverages. Note: 616.330 was enacted into law by the Legislative Assembly but was not added to or made a part of …
616.333 Diethylstilbestrol use in food; label
A retail or wholesale food distributor shall place a warning label on food containing diethylstilbestrol. The label shall state: ______________________________________________________________________________ WARNING: This product contains diethylstilbestrol (DES), a synthetic hormone. Studies associate consumption of DES with vaginal cancer and male genit…
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 ev…
616.340 [1961 c.637 §4; repealed by 1973 c.227 §16 (616.341 enacted in lieu of 616.340)]repealed
No operative statutory text appears at this designation in the selected edition.
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 quan…
616.345 Rules governing use of pesticide chemicals
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 recognize…
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 additiv…
616.355 Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350
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 materia…
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: Measures and procedures required to protect the health and life of animals and the people of this state. The laws of other states. The laws of the United States. The department’s rules shall co…
616.365 [1961 c.637 §10; repealed by 1973 c.227 §21 (616.366 enacted in lieu of 616.365)]repealed
No operative statutory text appears at this designation in the selected edition.
616.366 Rules for use of poisons, pesticides, food or color additives; matters to be considered
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: Any added, poisonous or deleterious substances; Food additives; Pesticide chemicals in or …
616.370 [1961 c.637 §11; repealed by 1973 c.227 §26]repealed
No operative statutory text appears at this designation in the selected edition.
616.375 [1961 c.637 §12; repealed by 1973 c.227 §26]repealed
No operative statutory text appears at this designation in the selected edition.
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 o…
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.
616.405 [Renumbered 632.900]renumbered
No operative statutory text appears at this designation in the selected edition.
616.406 [1989 c.1025 §2; repealed by 2001 c.320 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.410 [Renumbered 632.905]renumbered
No operative statutory text appears at this designation in the selected edition.
616.411 [1989 c.1025 §3; repealed by 2001 c.320 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.415 [Renumbered 632.910]renumbered
No operative statutory text appears at this designation in the selected edition.
616.416 [1989 c.1025 §4; 2001 c.104 §239; repealed by 2001 c.320 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.420 [Renumbered 632.915]renumbered
No operative statutory text appears at this designation in the selected edition.
616.421 [1989 c.1025 §5; repealed by 2001 c.320 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.425 [Renumbered 632.920]renumbered
No operative statutory text appears at this designation in the selected edition.
616.426 [1989 c.1025 §11; 2001 c.104 §240; repealed by 2001 c.320 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.430 [Renumbered 632.925]renumbered
No operative statutory text appears at this designation in the selected edition.
616.435 [Renumbered 632.930]renumbered
No operative statutory text appears at this designation in the selected edition.
616.440 [Renumbered 632.935]renumbered
No operative statutory text appears at this designation in the selected edition.
616.445 [Amended by 1973 c.587 §1; renumbered 632.940]renumbered
No operative statutory text appears at this designation in the selected edition.
616.450 [Renumbered 632.955]renumbered
No operative statutory text appears at this designation in the selected edition.
616.455 [Renumbered 632.960]renumbered
No operative statutory text appears at this designation in the selected edition.
616.460 [Renumbered 632.965]renumbered
No operative statutory text appears at this designation in the selected edition.
616.465 [Renumbered 632.970]renumbered
No operative statutory text appears at this designation in the selected edition.
616.470 [Renumbered 632.975]renumbered
No operative statutory text appears at this designation in the selected edition.
616.475 [Renumbered 632.980]renumbered
No operative statutory text appears at this designation in the selected edition.
616.480 [Amended by 1955 c.363 §14; renumbered 632.985]renumbered
No operative statutory text appears at this designation in the selected edition.
616.505 [Renumbered 632.450]renumbered
No operative statutory text appears at this designation in the selected edition.
616.510 [Renumbered 632.455]renumbered
No operative statutory text appears at this designation in the selected edition.
616.515 [Renumbered 632.460]renumbered
No operative statutory text appears at this designation in the selected edition.
616.520 [Renumbered 632.465]renumbered
No operative statutory text appears at this designation in the selected edition.
616.525 [Renumbered 632.470]renumbered
No operative statutory text appears at this designation in the selected edition.
616.530 [Renumbered 632.475]renumbered
No operative statutory text appears at this designation in the selected edition.
616.535 [Renumbered 632.480]renumbered
No operative statutory text appears at this designation in the selected edition.
616.540 [Renumbered 632.485]renumbered
No operative statutory text appears at this designation in the selected edition.
616.545 [Renumbered 632.490]renumbered
No operative statutory text appears at this designation in the selected edition.
616.550 [Repealed by 1963 c.461 §34]repealed
No operative statutory text appears at this designation in the selected edition.
616.555 Definitions for ORS 616.555 to 616.585
As used in ORS 616.555 to 616.585: “Alcoholic beverage” has the meaning given that term in ORS 471.001. “Chain restaurant” means a restaurant located in Oregon that: Is part of an affiliation of 15 or more restaurants within the United States; Sells standardized menu items that constitute 80 percent or more of the menu items served in the restaurant and …
616.560 Determination of menu item typical values; provision of accurate information to customers
A chain restaurant shall determine typical values of the following for each menu item offered by the restaurant: Total calories. Total grams of saturated fat. Total grams of trans fat. Total grams of carbohydrates. Total milligrams of sodium. The typical values described in subsection (1) of this section must be based on calorie and nutrient databases,…
616.565 Calorie content information for combination or multiserving items
The disclosure of calorie content information under ORS 616.570 on a menu or menu board next to a standard menu item that is a combination of at least two standard menu items on the menu or menu board must, based on all possible combinations for that standard menu item, include the minimum amounts of calories for the calorie content information and the maxim…
616.570 Menus, menu boards and food tags; additional information; disclaimer
If a chain restaurant serves a menu item that is not a self-service item, the chain restaurant shall have a menu, menu board or food tag that: Discloses nutritional information for the menu item as required by this section; and Is readily visible for customer use at the location where the customer places the order for the menu item. If a chain restaurant …
616.575 Rules; typical values for alcoholic beverages
The Oregon Health Authority shall adopt rules the authority considers reasonable for the administration and enforcement of ORS 616.555 to 616.580. The rules adopted by the authority must include, but need not be limited to, rules for the rounding of stated values and the establishment of specifications for total calorie statements and other required statemen…
616.580 Inspections; notice and opportunity to cure violation; penalties
The Oregon Health Authority may inspect chain restaurants for compliance with ORS 616.560, 616.565 and 616.570 and authority rules adopted under ORS 616.575. The person operating the chain restaurant shall, upon request of the authority, permit access to all parts of the restaurant and any records in the possession of the restaurant regarding nutritional val…
616.585 Local disclosure requirements prohibited
A local government may not adopt or enforce a local requirement for the determination or disclosure of nutritional information by a restaurant. Note: See note under 616.555.
616.590 Lack of cause of action or claim
ORS 616.555 to 616.585 do not create a cause of action and may not be asserted as the basis for a per se negligence claim. Note: See note under 616.555.
616.605 [Amended by 1965 c.13 §1; 1971 c.318 §1; renumbered 632.275]renumbered
No operative statutory text appears at this designation in the selected edition.
616.610 [Renumbered 632.280]renumbered
No operative statutory text appears at this designation in the selected edition.
616.615 [Renumbered 632.285]renumbered
No operative statutory text appears at this designation in the selected edition.
616.620 [Renumbered 632.290]renumbered
No operative statutory text appears at this designation in the selected edition.
616.625 [Repealed by 1965 c.107 §7]repealed
No operative statutory text appears at this designation in the selected edition.
616.630 [Repealed by 1965 c.107 §7]repealed
No operative statutory text appears at this designation in the selected edition.
616.635 [Repealed by 1965 c.107 §7]repealed
No operative statutory text appears at this designation in the selected edition.
616.640 [Repealed by 1965 c.107 §7]repealed
No operative statutory text appears at this designation in the selected edition.
616.680 Definitions for ORS 616.680, 616.683 and 616.686
As used in this section and ORS 616.683 and 616.686: “Acidic foods” means bottled, packaged or canned foods that: Have a natural pH level of 4.6 or less; Are lacto-fermented; or Have acidity and water activity levels that meet the acidity and water activity standards of acidified foods as defined in 21 C.F.R. 114.3. “Agricultural producer” means a farme…
616.683 Regulatory exemption for sales location and farm direct marketer of certain agricultural products; rules
Except as provided in subsection (8) of this section, the following are not subject to ORS 616.695 to 616.755: The use of space by a farm direct marketer for the sale, or exposure or offering for sale, of agricultural products described in subsection (2) of this section by the farm direct marketer. The sale, or exposure or offering for sale, of agricultura…
616.686 Farm direct marketing rules
The State Department of Agriculture may adopt rules for the administration and enforcement of ORS 616.683. The State Department of Agriculture may not adopt rules to decrease an acidified food sales limit previously established by the department by rule. Note: See note under 616.680. 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: “Department” means the State Department of Agriculture. “Dietary ingredient” means one or more of the following or a concentrate, constituent, extract or metabolite of one or more of the following: An amino acid; An herb or other botanical; A mineral; A dietary substance intended…
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: Food establishments are constructed and maintained in a clean, healthful and sanitary condition. This shall include floors, walls, ceilings, …
616.705 [Repealed by 1965 c.501 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.706 License; sanctions; posting; fees; fee increase limits; rules
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 followin…
616.708 Additional users of establishment; fees; rules
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 numb…
616.710 [Repealed by 1965 c.501 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.711 Where licenses not required; when ORS 616.695 to 616.755 not applicable
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. All provisions of ORS 616.695 to 616.755 other than licensing apply to food establishments set forth in subsection (1) of this section. …
616.713 Unauthorized food establishments
As used in this section: “Authorization” means a license, permit, certificate or other approval for the operation of a food establishment. “Food establishment” has the meaning given that term in ORS 616.695. In addition to any other authority granted to the State Department of Agriculture, including, but not limited to, condemnation or closure authority u…
616.715 [Repealed by 1965 c.501 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.716 When inspection authorized; ORS 616.695 to 616.755 in addition to other laws
The State Department of Agriculture may inspect the applicant’s 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. The provisions of ORS 616.695 to 616.755 are in addition to and not in lieu of all other laws relating to fo…
616.718 Waiver of routine inspection; rules
Notwithstanding ORS 616.700, the State Department of Agriculture may adopt rules waiving routine inspection for one or more types of food establishment if: The food establishment operations licensed under ORS 616.706 consist solely of selling prepackaged foods and beverages produced by a commercial food manufacturer or processor; The selling of food or bev…
616.720 [Repealed by 1965 c.501 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.721 Exemption from ORS 616.695 to 616.755 for federally inspected establishments
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. 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 …
616.723 Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings; rules
As used in this section: “Food” and “food establishment” have the meanings given those terms in ORS 616.695. “Food” does not include any article containing cannabis. “Potentially hazardous” means requiring temperature control due to the capacity to support the rapid and progressive growth of infectious microorganisms or the growth of toxic microorganisms. …
616.725 [Repealed by 1965 c.501 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.726 City regulation of food and food establishments authorized; department to examine city regulation for adequacy
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…
616.730 [Repealed by 1965 c.501 §10]repealed
No operative statutory text appears at this designation in the selected edition.
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.
616.735 When insanitary conditions exist
A food establishment shall be considered unclean, unhealthful and insanitary if: Food in the food establishments is not protected from adulteration as defined in ORS 616.235, as required by the State Department of Agriculture; The refuse, dirt and waste products, subject to decomposition or fermentation incident to the operation of the food establishment a…
616.740 Condemnation where insanitary conditions exist
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: Notify the owner or person in charge of such food establishment that such food establishment shal…
616.745 Handling of food by diseased persons prohibited; rules
The Oregon Health Authority may, by rule, define certain communicable diseases which may be spread to the public through the handling of food in food establishments. 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 se…
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, naturopathic physician, physician associate or nurse practitioner and that the physician, naturopathic phys…
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 Oregon. Such officer, bureau, board or commission, when so requested, shall furnish the department any and all information which the officer, bur…
616.760 [Repealed by 1965 c.501 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.761 Standards of identity and quality for olive oil; prohibition of imitation olive oil; rules
As used in this section, “olive oil” means oil derived from the fruit of the species Olea europaea L. The State Department of Agriculture shall adopt rules under ORS 616.205 to 616.385 establishing standards of identity and quality and labeling requirements for olive oil sold in this state including, but not limited to, standards and requirements for ordina…
616.765 [Repealed by 1965 c.501 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.766 Standards of identity and quality for honey; labeling requirements; rules
The State Department of Agriculture shall adopt rules under ORS 616.205 to 616.385 establishing standards of identity and quality and labeling requirements for honey sold in this state. In establishing or amending standards and requirements under this section, in addition to the definitions and standards described under ORS 616.230 and 616.325, the departmen…
616.770 [Repealed by 1965 c.501 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.775 Definitions for ORS 616.775 to 616.790
As used in ORS 616.775 to 616.790 unless the context requires otherwise: “Bread,” “rolls” and “buns” have the same meaning as they have in ORS 625.212. “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 “phosphate…
616.780 Standards of identity or quality 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 United States. The defini…
616.785 Sale of unenriched flours, macaroni or noodle products prohibited; certain products exempted
It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale for human consumption any of the flours, macaroni products or noodle products specified in ORS 616.775 (2) and (3) unless they are enriched. Subsection (1) of this section does not apply to flours sold to distributors, commercial bakers or other processors if such flou…
616.790 Enforcement of ORS 616.775 to 616.790 by department; inspection; sampling; failure to permit inspection; rules
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. For the purpose of ORS 616.775 to 616.790 and 616.992 the State Department of Agri…
616.800 Short title
ORS 616.800 to 616.835 and 616.994 may be cited as the Open Date Labeling Law.
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: “Food” means any substance used or intended to be used for human consumption as food, drink or condiment. “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). “Packing date” means the…
616.810 Exemption for alcoholic beverages
ORS 616.800 to 616.835 and 616.994 do not apply to alcoholic beverages.
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.
616.820 Label required to be affixed to package not later than time of delivery to retail seller
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. No perishable food ma…
616.825 Sale of perishable food after expiration of pull date prohibited; exceptions; time for removal of packages with expired pull datesexpired
No operative statutory text appears at this designation in the selected edition.
616.830 Altering labels or using nonconforming labels prohibited
No person shall: Alter, deface or remove the open date from any perishable food retail or shipping package carton, container or wrapper. 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.
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: Establishing which particular foods are subject to ORS 616.800 to 616.835 and 616.994. Es…
616.850 Definitions for ORS 616.850 to 616.890
As used in ORS 616.850 to 616.890, unless the context requires otherwise: “Consumer commodity” means any of the following items: 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…
616.855 Items exempt from unit pricing requirements
ORS 616.850 to 616.890 do not apply to: Fresh fruits and vegetables. Products sold in quantities of one avoirdupois ounce, or 28.35 grams or one fluid ounce, or less. 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…
616.860 Unit pricing of packaged consumer commodities required; explanation to consumers
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 pursu…
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.
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.
616.875 Rules; retail establishments presumed subject to unit pricing until exempted by department
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. 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 mo…
616.880 Written warning notice for minor violation
Nothing in ORS 616.850 to 616.890 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 …
616.885 [1977 c.181 §10; 1991 c.734 §54; renumbered 616.996 in 2001]renumbered
No operative statutory text appears at this designation in the selected edition.
616.890 Short title
ORS 616.850 to 616.890 may be cited as the Unit Pricing Law. MISCELLANEOUS
616.892 Single-use plastic straws; penalties
As used in this section: “Consumer” means an individual who orders a beverage of any description from a food and beverage provider in this state. “Convenience store” means a business that, for compensation, offers or provides a range of commodities that includes food and beverages. “Enforcement officer” means an authorized representative of the State Depa…
616.894 Local plastic straw laws
A local government or municipality may not, after June 13, 2019, enact an ordinance, resolution, regulation, rule or other law with requirements that differ from the provisions set forth in ORS 616.892. Note: See note under 616.892.
616.900 [1989 c.1025 §8; 1991 c.734 §55; 2001 c.320 §9; repealed by 2001 c.320 §10]repealed
No operative statutory text appears at this designation in the selected edition.
616.902 Use of consumer-owned containers
As used in this section: “Beverage” means a liquid for drinking, including water. “Food” means a raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum. “Restaurant” has the meaning given that term in ORS 624.010. The Oregon Health Authority sha…
616.910 Donations of meat; rules
The State Department of Agriculture shall adopt rules allowing donations to charitable organizations, including low-income nutritional centers, and to other organizations that offer food for noncommercial purposes, of meat that is: Processed by a person licensed by the department under ORS chapter 603 to slaughter meat animals and subject to federal meat in…
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]repealed
No operative statutory text appears at this designation in the selected edition.
616.992 General criminal penalty
The violation of any provisions of this chapter or of any rule adopted under this chapter is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense.
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.
616.996 [Formerly 616.885; repealed by 2009 c.175 §6]repealed
No operative statutory text appears at this designation in the selected edition.
616.997 Civil penalties; rules; hearing; disposition of moneys
In addition to any penalty available under ORS 561.190, 616.992 or 616.994, the State Department of Agriculture may impose a civil penalty for a violation of this chapter, of rules, regulations or standards adopted under this chapter or of an order issued under ORS 616.713. For the purposes of this section, each day a violation continues after the period of …