Chapter 624 — Food Service Facilities

624.005 “Local public health authority” defined

As used in this chapter, “local public health authority” has the meaning given that term in ORS 431.003. 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: “Authority” means the Oregon Health Authority. “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…

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

A person may not operate a restaurant or bed and breakfast facility without a license to do so from the Oregon Health Authority. Application for the license shall be in writing in the form prescribed by the authority and shall contain the name and address of the applicant and any other information that the authority may require. The fee for a license is as …

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.

624.030 [Amended by 1957 c.672 §3; 1973 c.825 §3; 1981 c.650 §1; repealed by 1983 c.533 §5]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 Oregon Health Authority determines that public health hazards are nonexistent, the authority may, by rule, exempt certain types of confection operations from the license requirements of ORS 624.010 to 624.121.

624.038 Exemptions from requirements of ORS 624.010 to 624.121

The following are not subject to the requirements established under ORS 624.010 to 624.121 for restaurants, intermittent temporary restaurants, seasonal temporary restaurants or single-event temporary restaurants: An establishment where food is prepared and served by a fraternal, social or religious organization only to its own members and guests. An appro…

624.040 [Amended by 1953 c.177 §8; 1973 c.825 §4; repealed by 1983 c.533 §5]

624.041 Rules

The Oregon Health Authority 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, intermittent temporary restaurants, seasonal temporary restaurants and single-event temporary restaurants as are reasonably necessary to protect …

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 Oregon Health Authority shall allow a bed and breakfast facility to conduct food service operations for its patrons in rooms used by the owner or operator if the rooms in which food service operations are conducted: Are not used as sleeping quarters; and Are off-limits during meal hours to individuals not employed by the bed and breakfast facility. Ex…

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 Oregon Health Authority 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 authority standards for construction, maintenance, cleanliness, accessibility and others, not in con…

624.060 Inspection and reinspection of restaurants and bed and breakfast facilities; posting of sign required; report; posting

At least once every six months the Director of the Oregon Health Authority 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, up…

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 the Oregon Health Authority 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.

624.073 Revocation, suspension or refusal of license; closure; sanitation score; inspection schedule; fees

If the Director of the Oregon Health Authority 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 b…

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 Oregon Health Authority 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…

624.080 Diseased persons working in restaurants, bed and breakfast facilities or temporary restaurants; suspicion of possible transmission of infection; rules

The Oregon Health Authority may, by rule, define certain communicable diseases that are capable of being spread to the public by employees of a restaurant, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant. A person who is affected with a communicable disease described in subsec…

624.082 Intermittent temporary restaurants

A person may not operate an intermittent temporary restaurant without first procuring a license to do so from the Oregon Health Authority. The intermittent temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee. Application for an intermittent temporary restaurant license shall be in writing in the form prescribe…

624.084 Seasonal temporary restaurants

A person may not operate a seasonal temporary restaurant without first procuring a license to do so from the Oregon Health Authority. The seasonal temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee. Application for a seasonal temporary restaurant license shall be in writing in the form prescribed by the autho…

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 Single-event temporary restaurants

A person may not operate a single-event temporary restaurant without first procuring a license to do so from the Oregon Health Authority. The single-event temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee. Application for a single-event temporary restaurant license shall be in writing in the form prescribed …

624.090 [Amended by 1953 c.177 §8; repealed by 1973 c.825 §23]

624.091 Inspection of temporary restaurants; report; fees

At least once during the operation of a single-event temporary restaurant, the Director of the Oregon Health Authority shall inspect the facilities and operation. The person operating the single-event temporary restaurant shall, upon request of the director, permit access to all parts of the establishment. The director shall conduct an operational review of…

624.095 [1971 c.661 §4; repealed by 1973 c.825 §23]

624.096 Summary closure of temporary restaurant; hearing

If a violation of any provision of ORS 624.010 to 624.121 or any rule adopted under ORS 624.010 to 624.121 comes to the attention of the Director of the Oregon Health Authority and the violation is of such a nature as to constitute a serious hazard to the health of the public, the director may immediately close an intermittent temporary restaurant, seasonal …

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 f…

624.106 Issuance of single-event temporary restaurant license to benevolent organization

The Oregon Health Authority shall issue a license to a benevolent organization to operate a single-event temporary restaurant pursuant to this section if the benevolent organization has notified the authority, orally or in writing, that the benevolent organization intends to operate a single-event temporary restaurant. The authority shall provide at least on…

624.110 [Amended by 1973 c.825 §12; renumbered 624.077 in 2007]

624.111 Inspection of event facilities and operation under license of benevolent organization

At any time during the operation of a single-event temporary restaurant licensed under ORS 624.106, the Director of the Oregon Health Authority may inspect the facilities and operation. The benevolent organization or service provider operating the single-event temporary restaurant shall, upon request of the director, permit access to all parts of the establ…

624.116 When alternative food service criteria applicable

The Director of the Oregon Health Authority 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.

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 Oregon Health Authority 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 A…

624.130 Training to relieve choking; methods of training; exemptions; fees

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 Cr…

624.145 Authorization of food place required for third-party food platform to take orders and deliver meals

As used in this section: “Food place” means a restaurant as defined in ORS 624.010, or another business engaged in the preparation and service of food for consumption by the general public on or off premises. “Third-party food platform” means a website, mobile application or other electronic service that: Posts food place menus, logos or pricing informati…

624.165 Service of inspected game meat by charitable organization

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. As used in subsection (1) of this section: “Charitable organization” means the Department of Human Services, Oregon Health Authority, Oregon…

624.310 Definitions for ORS 624.310 to 624.430

As used in ORS 624.310 to 624.430 unless the context requires otherwise: “Approved” means approved by the administrator. “Authority” means the Oregon Health Authority. “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 f…

624.320 License requirement for commissary, warehouse, mobile unit or vending machine; notice of mobile unit movement

A person may not operate a vending machine, warehouse, commissary or mobile unit without first procuring a license to do so from the Oregon Health Authority. 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 an…

624.330 Exemption of certain commissaries, mobile units and vending machines from licensing requirements; rules

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. The Oregon Health Authority may, by rule, exempt certain other types of ve…

624.340 [1963 c.575 §4; 1973 c.825 §16; 2009 c.595 §1021; renumbered 624.415 in 2009]

624.350 [1963 c.575 §5; repealed by 1973 c.825 §23]

624.355 Rules

The Oregon Health Authority shall make reasonable rules for carrying out the provisions of ORS 624.310 to 624.430, including but not limited to the following: Construction and operation of commissaries, mobile units and vending machines. Water supply adequate in quantity and safe for human consumption. Disposal of sewage, refuse and other wastes in a mann…

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 Oregon Health Authority; hearing

At least once every six months, the Director of the Oregon Health Authority shall inspect every commissary and warehouse, and a representative number of each operator’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 other…

624.380 [1963 c.575 §9; 1973 c.825 §18; 2009 c.595 §1023; renumbered 624.425 in 2009]

624.390 [1963 c.575 §10; 1973 c.825 §19; 2009 c.595 §1024; renumbered 624.355 in 2009]

624.400 Rating surveys; preparing and disseminating information; cooperation with local health departments in educational programs

The Oregon Health Authority 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 o…

624.410 Commissaries and sources of supply outside jurisdiction

Foods from commissaries or other sources outside the jurisdiction of the Oregon Health Authority 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. The authority shall invest…

624.415 Denial, suspension or revocation of license

The Director of the Oregon Health Authority 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.

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.

624.425 Diseased persons working in commissary or mobile unit; suspicion of possible transmission of infection

A person who is affected with a communicable disease described in ORS 624.080 (1) or is a carrier of such disease may not work in any commissary, mobile unit or in the servicing of vending machines, nor may 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…

624.430 Fee payment; rules

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 Oregon Health Authority the appropriate annual fee set forth in ORS 624.490. All licenses issued under ORS 624.320 expire annually on a date set by authority rule. A license is not transferable. The authority m…

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

The Oregon Health Authority may charge the following fees for the issuance or renewal of licenses: $200 for a bed and breakfast facility. $335 for a limited service restaurant. For a restaurant in accordance with seating capacity, as follows: $530 for 0 to 15 seats; $600 for 16 to 50 seats; $700 for 51 to 150 seats; and $770 for more than 150 seats. …

624.495 Foodborne illness prevention program; rules

The Oregon Health Authority 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 facilit…

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

The Director of the Oregon Health Authority shall enter into an intergovernmental agreement with each local public health authority, delegating to the local public health authority the administration and enforcement within the jurisdiction of the local public health authority of the powers, duties and functions of the director under ORS 624.010 to 624.121, 6…

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 the Oregon Health Authority 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 f…

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 …

624.560 Waiver of food sanitation rules; fee; rules

A person may apply to the Oregon Health Authority for a variance from one or more rules of the authority regarding food sanitation, including but not limited to rules regarding personnel, food protection, equipment and facilities, utilities and plan review. An application for a variance must be accompanied by a fee of $500. If the authority grants the varian…

624.570 Food handler training requirement; exception; certification; fees; rules

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 thereafte…

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: Food service provided to sleeping room patrons of facilities described in ORS 446.435; or 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 exp…

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 Oregon Health Authority and paying a fee to the authority for review of the plans. The fee shall be assessed in the following amounts: For initial construction: Of a full service restaurant, $…

624.650 Mobile unit inspection fee

Notwithstanding any provision of ORS 624.010, 624.086, 624.091, 624.510 or 624.530, a single-event temporary restaurant as defined under ORS 624.010 that is a mobile unit as defined under ORS 624.310 is subject to a fee not to exceed $25 for inspection services if the mobile unit is licensed by: The Oregon Health Authority under ORS 624.320 or a local publi…

624.670 Disposition of fees

All moneys received by the Oregon Health Authority 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 authority for the purpose of carrying out the provisions of this chapter. PENALTIES

624.990 Criminal penalties

Violation of any provision of ORS 624.010 to 624.121 or rules of the Oregon Health Authority promulgated under ORS 624.010 to 624.121 is a Class C misdemeanor. Violation of any provision of ORS 624.310 to 624.430 or rules of the authority promulgated under ORS 624.310 to 624.430 is a Class B misdemeanor.

624.992 Civil penalty; rules

In addition to any other penalty provided by law, the Oregon Health Authority 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, 624.425 or 624.430 or rules adopted under ORS 624.010 to 624.121 or 624.355. After public hearing, the authority by rule shall adopt objective c…