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Oregon Bulletin

October 1, 2013

Oregon Department of Education, Chapter 581

Rule Caption: Revises rules relating to food safety to conform to federal law.

Adm. Order No.: ODE 20-2013

Filed with Sec. of State: 8-28-2013

Certified to be Effective: 8-28-13

Notice Publication Date: 6-1-2013

Rules Amended: 581-051-0305, 581-051-0306

Subject: The School Food Service Inspection Requirements, known as the School Food Code, has been updated to reflect changes to the Food and Drug Administration’s Food Code of 2009, adopted by Oregon Department of Human Services Division 150 Food Sanitation Rules effective September 2012, to include pertinent sections of the code as school food service changes, make clarifications, update definitions, and correct typographical errors.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-051-0305

Food Safety Inspection Definitions

(1) “Central Kitchen” means a foodservice site where food is prepared at a facility and then some or all of the food is delivered to a meal serving site(s) at a place(s) other than the preparation site.

(2) “CNP” means Child Nutrition Programs.

(3) “Competitive Food Sales” means any foods sold in competition with the NSLP and SBP in foodservice areas during the breakfast and lunch meal periods.

(4) “Competitive Food Sales vendor” means any person or organization selling competitive foods in the Sponsor’s foodservice areas during the lunch and breakfast meal periods.

(5) “Critical Violation” means a Food Safety Inspection violation that is more likely than other Food Safety Inspection violations to cause food contamination, illness or an environmental health hazard. Priority and Priority Foundation item violations are critical violations.

(6) “Finishing Kitchen” means a foodservice site that receives prepared foods for reheating, assembling, portioning, and serving.

(7) “Food Safety Inspection Annual Report” means the report of completed Sponsor site(s) Food Safety Inspections. The Annual Report is prepared by the Sponsor and submitted to ODE CNP by June 30 each school year.

(8) “Food Safety Inspection document of findings” means any form used by the state or local public health authority to document a Food Safety Inspection.

(9) “Food Safety Inspection: National School Lunch Program and School Breakfast Program Requirements” means schools shall at least twice each school year obtain a Food Safety Inspection conducted by a state or local governmental agency responsible for food safety inspections. (7 CFR 210.13 and 7 CFR 220.7)

(10) “Foodservice Area” means any area on school premises where NSLP and SBP meals are both served and eaten as well as any other areas where programs meals are served and eaten. Areas where students eat NSLP and SBP meals that are completely separate from the serving area are also part of the foodservice area.

(11) “Notice of Non-Compliance” means documentation that a Critical violation(s) has not been corrected nor has the Sponsor or Competitive Food Sales vendor implemented an alternative plan, approved by the state or local public health authority.

(12) “NSLP” means the National School Lunch Program.

(13) “ODE” means the Oregon Department of Education.

(14) “On-site Preparation Kitchen” means a foodservice site where food is prepared and served at one location.

(15) “Person in Charge” means the person responsible for food safety and sanitation, and who is present at the food establishment during the NSLP, SBP, and Competitive Food Sales hours of operation. The Person in Charge is designated by Public and Private schools and RCCI Sponsors and Competitive Food Sales vendors for each meal site and each Competitive Food Sales site.

(16) “Priority Item” means a provision in the Food Code whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard. Priority items includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling and hand washing

(17) “Priority Foundation Item” means a provision in the Food Code whose application supports, facilitates or enables one or more priority items. Priority foundation items include an item that requires the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factor that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, Hazard Analysis Critical Control Point plans, documentation or record keeping and labeling

(18) “Private School” means any entity, except as provided in ORS 339.030(1)(d) and (e), that:

(a) Is not supported with state funds;

(b) Is operated by a non-governmental, religious or non-religious group or organization;

(c) Provides educational services to students at any level, pre-K through grade 12;

(d) Has a teacher or teachers who provide instruction;

(e) Has an administrator or head teacher; and

(f) Occupies one or more buildings.

(19) “Program meals,” means the National School Lunch Program meals and School Breakfast Program meals.

(20) “Public School” means any entity that has been recognized as a school by the district school board through a resolution adopted by the board or by the State Board of Education for a public charter school sponsored by the board and:

(a) Is supported with public funds;

(b) Is operated by a local education agency, education service district or state education agency;

(c) Provides educational services to students at any level, pre-K through grade 12;

(d) Has a teacher or teachers to provide instruction;

(e) Has an administrator or head teacher;

(f) Provides Oregon statewide assessment to its students; and

(g) Occupies one or more buildings.

(21) “Residential Child Care Institution (RCCI)” means any Public or Nonprofit Private Residential Child Care Institution, or distinct part of such institution, which operates principally for the care of children. An RCCI is considered a school. Private RCCIs must be licensed to provide Residential Child Care services under the appropriate licensing code by the state or a subordinate level of government.

(22) “Satellite Kitchen” means a foodservice site where food is received fully prepared from another location and is ready to serve.

(23) “SBP” means the School Breakfast Program.

(24) “School Year” means a period of 12 calendar months beginning July 1 of any year and ending June 30 of the following year.

(25) “Sponsor” means Public and Private Schools and RCCIs who participate in the NSLP and SBP.

(26) “State or local public health authority” means the state or local governmental authority responsible for conducting Sponsor and Competitive Food Sales vendor Food Safety Inspections.

(27) “USDA” means the United States Department of Agriculture.

(28) “Vended Meals” means meals prepared by a facility other than the Sponsor and sold for service at a Sponsor’s meal site(s); or meals prepared by the Sponsor and sold to another food service operation.

Stat. Auth.: ORS 326.051

Stats. Implemented: 7 CFR210 & 7 CFR220.7

Hist.: EB 15-1987, f. & ef. 7-30-87; EB 2-1996, f. & cert. ef. 1-29-96; ODE 5-2002(Temp), f. & cert. ef. 2-1-02 thru 6-30-02; ODE 15-2002, f. & cert. ef. 6-10-02; ODE 3-2011, f. 1-31-11, cert. ef. 2-1-11; ODE 20-2013, f. & cert. ef. 8-28-13

581-051-0306

Food Safety Inspection Requirements

(1) Sponsors must have at least two Food Safety Inspections for every kitchen and meal-serving site in their foodservice operation each school year.

(2) Vended Meal Sponsors must have at least two Food Safety Inspections for the receiving and sending food preparation and serving meal sites each school year.

(3) Competitive Food Sales vendors may be subject to a Food Safety Inspection every school year as determined by the state or local public health authority.

(4) The Food Safety Inspection standards are set forth in the School Food Safety Inspection Requirements, which shall be known as the Food Code for Public School Sponsors, Private School Sponsors and Residential Child Care Institution Sponsors of the USDA, NSLP and SBP are adopted by reference. The complete Food Code is available through Oregon Department of Education, Child Nutrition Program.

(5) The Sponsor “Person in Charge” requirements for Responsibility, Knowledge and Duties as stated in the School Food Safety Inspection Requirements will be effective July 1, 2003.

(6) The Competitive Food Sales vendor “Person in Charge” requirements for Responsibility, Knowledge and Duties as stated in the School Food Safety Inspection Requirements will be effective July 1, 2003.

(7) New Sponsors must have a Food Safety Inspection conducted by the state or local public health authority and must meet school food safety inspection requirements before starting the NSLP and SBP.

Stat. Auth.: ORS 326.051

Stats. Implemented: 7 CFR210 & 7 CFR220.7

Hist.: ODE 5-2002(Temp), f. & cert. ef. 2-1-02 thru 6-30-02; ODE 15-2002, f. & cert. ef. 6-10-02; ODE 3-2011, f. 1-31-11, cert. ef. 2-1-11; ODE 20-2013, f. & cert. ef. 8-28-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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